Journal of the Senate of the State of Georgia at the regular session of the General Assembly at Atlanta, Wednesday, June 22, 1910

Journal
OF
THE SENATE
OF THE
STATE OF G. EORGIA
AT THE
Regular Session
OF THE
GENERAL ASSEMBLY
At Atlanta, Wednesday, June 22, 1910
ATLANTA, GA.
CHAS. P. BYRD, State Printer,. 1910

JOURNAL.

ATLANTA, GEORGIA, JUNE 22, 1910.

The Senate met pursuant to adjournment m accordance with the law at 10 o'clock; was called to order by the President, Hon. J. M. Slaton.

Prayer was offered by the Chaplain.

Jn Upon the of the roll the following members
answered to t~ir names :

Aiken Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Conley Day Gordy Griffith-

Harben Irwin Johnson .Jackson Kemp King Longley Mays 1\.lorris McLean McDowell McQurry McWil'liams

McCollum McClure Patterson Price Pitts Hutherford Rudicil Slater Sellers Stevens Thompson Ward Mr. President

Those absent were Messrs:

Harrell Murray

Mathews Womble

Wood

4

JOURNAL OF THE SENATE.

The following resolution was read and adopted:

By Mr. Burwell-
A Resolution. directing the Secretary of the Senate to n_otify the House that the Senate has reconvened and is now ready for the transaction of business.
The following communication from the Governor was read:

ATLANTA, GA., June 22, 1910.
To the Senate:
I have to advise you of the election to your honorable body since the last session thereof, of the following me:"lbers :
Ron. R. S. Burch, of the 7th District, to succeed Ron. J. S. Ward, Jr., deceased.
Ron. Howard Thompson, of the 33rd District, to succeed Ron. H. H. Perry, resigned.
Very respII'ectful~y,
JQSEPH M. BRowN, Governor.

. The following resolution was read and adopted:

WEDNESDAY, JuNE 22, 1910.

5

By Mr. Burwell-
A resolution appointing a committee of two from the Senate and three from the House to notify the . Governor that the General Assembly has reconvened and is ready for the transaction of business. Committee on part of Senate are Senators Burwell and Price.
Hon. Howard '-rhompson, the newly elected Senator from the 33rd District, who succeeds Hon. H. H. Perry, resigned, an:d Hon. R. S. Burch, the newly elected Senator from the 7th District, who succeeds Hon. J. S. WaJjd, deceased, appeared before the Secretary's desk and took the oath of office, the same being administered by Judge A. G. Powell, of the
Court of Appeals.
. The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
I am instructed by the House to inform the Senate that the House has convened and is now ready to proceed with the business of the session.
'"1.
The ;House concurs in the following resolution of the Senate, to-wit:
...
A resolution p.roviding for a joint committee of three members from the House and two members

6

JOURNAL OF THE SENATE.

from the Senate to notify' His Excellency, the GoYernor, that the General Assembly has convened and is ready for businesss.
The Speaker has appointed the following members as committee on the part of the House. Messrs. Barrett, Kidd, Heard.

ATLANTA, GEORGIA, JuNE 22, 1910.
The following message was received from His Excellency, the Governor) through his Secretary, Mr. Blackburn:
Mr. President:
I am directed by His Excellency, the Governor, to deliver to the General Assembly a communication in writing.
The following Senate bills were read first time:
By Mr. Slaton-
A bill to regulate the establishment of cemeteries, sanitoriums, hospitals, and similar institutions in this State in counties having a population of 150,000 or over.
Referred to the General Judiciary Committee.

WEDNESDAY, JUNE 22, 1910.

7

By Mr. Slaton-
A bill to regulate the grant of new trials in this State.
Referred to the General Judiciary Committee.

By Mr. Slaton-

A bill to regulate the running of Automobiles in this State.

Referred to the General Judiciary Committee.

By Mr. Day-

,

A bill to repeal Paragraph 52 of Section 2 of an Act to levy and collect a tax for the support of the . State government which levies a tax on dogs.

Referred to the General Judiciary Committee.

By Mr. Day-
A bill to incorporate the town of Jasper, in the county of Pickens.
Referred to the Corporation Committee.

By Mr. McCurryA bill to make it illegal for a judge of any court

8

JouRNAl, oF THE SENATE.

of record in this State who has authority under the law to grant new trials, to express any opinion as to the correctness or incorrectness of the verdict that has been rendered.
Referred to the General Judiciary Committee.

By Mr. Slaton-
A bill to provide for ordinance pro hoc vice in certain cases.
Referred to the General Judiciary Committee.
By Mr. McC_urry-
A bill to change the time from holding the Supe rior Courts in and for t\Je county of Hart from the third Mondays in March and September to the second Mondays in April and October.
Referred to the General .Judiciary Committee.

By Mr. McCurryA bill to amend Section 3761 of the Code. Referred to_ the General Judiciary Committee.

By Mr. McCurryA bill to amend Section 3667 of the Code.

WEDNESDAY, JUNE 22, 1910.

9

Referred to the General Judiciary Committee.

By Messrs. McCurry and MorrisA bill to amend Section 341 of the Code, Vol. 3. Referred to the General Judiciary Committee.

By Mr. Calloway, of 29thA bill to amend an Act establishing the City Court
of Washington, Wilkes county. Referred to the Special Judiciary Committee. The following House bill was read first time:

By Messrs. Brinson and Parker-
A bill to prevent the removal of personal property from this State held under a conditional purchase.
Referred to the General Judiciary Committee.

The following communication was read from the Governor.
Upon motion the Senate adjourned until to~ morrow morning at 10 o'clock.

10

JouRNAL OF THE SENATE.

MESSAGE.

STATE OF GEORGIA, ExECUTIVE DEPARTMENT,
ATLANTA.

To the General Assembly:

June 22, 1910.

Through the blessings of a beneficent Providence the past twelve months have been replete with prosperity for our people. The husbandman has received a gratifying reward for the fruits of his toil; the laborer in the city has found employment at remunerative wages, and those in other avocations have reaped more than the average allowance of the enjoyments of life.
It is especially gratifying that the asperities which had marred the relationships with each other of many of our citizens have been softened or entirely allayed and that peaceful pleasures are now the happy lot of the generality of Georgians.
It is to be sincerely hoped that this rest from political agitation will long continue and that our people will co-operate in friendly accord in all endeavors to build up our commonwealth and to perpetuate mutual toleration and good will.

WEDNESDAY, JuNE 22, .1910.

11

In this spirit I commend to you the kindred hope that in our conduct of the people's governmental affairs we may hold ever in mind that the humblest is entitled to the same consideration as the highest, that equality is the standard by which we must measure all and that fair play is the freeman's right.
REGISTRATION LAw.
With the desire to protect, therefore, the rights of the people of Georgia, I respectfully call your attention to the serious defects and unnecessary barriers in ,the registration law passed by your immediate predecessor, and repeat the recommendation made in my first message regarding the provision which closes the books six months before elections.
In addition to the reasons I advanced in that message, I will add others that have been demonstrated to be valid, together with data that have been collected. The operation of the above provision of this law, when taken in connection with the registration and subsequent elections in various municipalities in the State, proves that it directly and flagrantly discriminates against the residents of the country districts and in favor of the residents of the cities and towns. To illustrate this .fact I give the following list of municipalities in which elections were held to determine the issuance of bonds Jor waterworks, electric lighting, street paving, building of school houses and bridges, etc., and for other improvements, or for anilexation of suburbs, or for municipal primary elections, and for other purposes: _

f-\
~

CITY OR TOWN

PURPOSE

I DATE REGISTRATION DATE OF ELEC- JTIME INTER-

BOOKS CLOSED

TION

VENING

~
q

z Athens____ -- _______ -!Bonds _____________ -~Last Year's Registration. __ March 2nd. __________________ --- -- _ t:d
Atlanta _____________ Bonds ______________ February 4th __________ February 15th _______ 11 Days.
Columbus ___________ Bonds ______________ Last Year's Registration. __ February lOth _______ -------------- E:;

Donalsonville_------- Bonds______________ April 30th. ____________ May lOth ___________ 9 Days.

East Macon _________ Annexation__________ March lOth ____________ March 19th____ _____ 8 Days. Gainesville __________ Bonds ______________ Last Year's Registration.__ April 2nd____________ -------------Grantville ___________ 1Bonds______________ April 6th ______________ April 16th___________ 9 Days.

0
..,>oj

LaFayette___________ Bonds_ _____________ March 16th____________ March 22nd__________ 5 Days.

lii

Montezuma __________ ,B_onds____ .- __________ April 22nd _____________ May 3rd_____________ 10 Days.

t;:j

Rome_______________ C1ty ElectiOn________ February 18th _________ March 1st_ __________ 10 Days. South Macon ________ Annexation__________ February 19th _________ March 2nd___________ 10 Days.

00
t:J

Sparta ______________ Bonds ______________ No Registration ______ " ___ May 3rd_____________ -. ____________ _ Sylvania ____________ Bonds ______________ April 30th_______________ May lOth____________ 10 Days.

~

Union City __________ Bonds ____________ -_ April 2nd _____________ April 9th____________ 6 Days.

~

- - - - -------~ ---1------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- -----------~---------

- WEDNESDAY, JUNE 22, 1910.

13

. It is well known that the avowed purpose in fix-

ing the excessive time limit of six months between

the closing of the registration books and the date

of the election was to purify the ballot by shutting

out the "venal voter," the "hobo," the "ward-

heeler,'' and the like, These nefarious classes were

represented as being mainly residents of the large

cities. Yet, we find Atlanta closing her registra-

tion books only eleven days before voting on the

question of binding herself to the payment of $3,-

000,000 in bonds, an amount equal to almost half of

the public debt of the State. And we find Macon,

Columbus, Grantville and Rome closing their regis-

tration books from eight to eleven days before the

dates of elections of momentous interest to their

citizens, while Gainesville and Athens voted without

requiring any registration this year.

So, too, at LaFayette the time-limit between the

registration and the election was only five days and

in the other municipalities named this limit was in

each case less than thirty days. Again, it has re-

cently been decided that Atlanta for her election of

city officials on Wednesday, December 7th, will not

close her registration books until November 28th.

Yet, in the same counties wherein all the foregoing

cities and towns are located, and in other counties,

the residents of the country districts, in elections in

which they take part, must register six months be-

fore the date of casting the ballot or they are de-

barred from the power to vote, that power which

was once held to be the right of freemen inalienable

save by the commission of crime.



14

JOURNAL OF THE SENATE.

Therefore, while it has been the current belief that the "venal voters" and other obnoxious classes, whom this law would debar from the ballot box, are the dwellers in the city slums, or are temporary importations thereto, the law itself, by its operation, says that these ''venal voters'' and the like are confined almost entirely to the country districts; for, as I have shown, one great city can vote an enormous issue of bonds and another can transform country people into city people-the most radical of changes in our system of government--on a few day's notice, while the countryman must register six months before election day so as to give the registrars sufficient time in which to examine carefully each individual's status, to purge the lists and throw out all who are "venal voters" or "ward-heelers" or "hoboes.''
I respectfully submit that this inevitable logic of the law is an u;ncalled for and unjustifiable aspersion on by far the greater portion of the electorate of Georgia; and it places them under a discrimination as needless as it is unmerited.
Yet, the glaring disabilities in the exercise of the voting power which this registration law places upon chiefly the country people of Georgia becomes still more distinctive when we note the following compilation of registration laws prevailing in other States as they bear on the time for closing the lists, viz.:

'

WEDNESDAY, JuNE 22, 1910.

15

CoMPILATION OF REGISTRATION LAws oF DIFFERENT STATEs, SHowiNG DATE~ FOR CLosiNG BooKs:
ALABAMA: Books close three months before the general election, but are reopened on Friday and Saturday before any general, special or primary election for the registration of those who came of age after the books closed or had been unavoidably prevented from registering.
ARKANSAs: No registration is required.
CALIFORNIA: Books are closed forty days before each general election, and twenty days before each primary election.
CoLORADO: Books are closed thirty-five days before general elections.
CoNNECTICUT: Books are closed on fourth Monday next preceding general elections.
DELAwARE: Books are closed on third Saturday next preceding date of general election.
FLORIDA: Books are closed on second Saturday of the month next preceding the day of election.
GEORGIA: Book8 are closed six months before the gf:meral election.
IDAHO: Books are closed on Saturday next preceding date of general election.
ILLINOIS: Books are closed on Tuesday of the week preceding the elec.tion.
INDIANA: No registration of voter~ required.

16

JouRNAL oF THE SENATE.

IowA: Books are closed on second Saturday next preceding date of ele9tion.
KANSAS: Registration required in cities only and books close ten days before election.
KENTUCKY: Registration required in 'lities and towns only and books are closed thirty days before election, but voters may register by affidavit the day before the election.
LouiSIANA: Registration books closed thirty days before all elections.
MAINE: Books are closed from one to four days before the election in towns and cities and on day of election in country precincts.
MARYLAND: Books are closed three weeks before the election.
MAsSACHUSETTS: Books are closed on last Saturday before primary elections, and, in cities, twenty days before general elections, and, in towns, on the last Saturday but one before general elections.
MicHIGAN: Books are closed in townsh.ips on Saturdays before elections and in cities oTie week to tei:t days before.
MINNESOTA: Books are closed on Tuesdays before day of general elections.
MississiPPI: Books are closed four months before general elections.

WEDNESDAY, JuNE 22, 1910.

17

M1ssouru: Registration is required in cities only and books close twenty days before elections.
MoNTANA: ~Books closed ten days before elections.
NEBRASKA: No registration required except in cities above 10,000 population and only brief interval between closing of books and elections.
NEVADA: Books are closed just a few days before elections.
NEw HAMPSHIRE: No registration is required.
NEw JERSEY: Books are closed two weeks before elections in cities of more than 35,000 population-on Tuesdays next preceding general elections at other places.
NEw YoRK: Personal registration required only in towns and cities of 5,000 or more population. In New York City books are closed 22 days before elections; elsewhere, where personal registration is required, on the third Saturday before elections; where personal registration is not required, on the fourth Saturday next preceding general elections.
NoRTH DAKOTA: Books are closed on last Tuesday next preceding general elections.
Omo: Registration required only in cities on Presidential years alone, excepting cities of 100,000 population.
OKLAHOMA: Permanent registration prevails, but voters may get their names on the lists as late

18

JouRNAL OF THE SENATE.

as Saturday preceding elections, general or primary.
OREGON: Books. are closed nine days before primary, and twenty-one days before general elections.
PENNSYLVANIA: Registration is required only in cities and books are closed four weeks before primaries, and 35 days before general elections.
RHoDE IsLAND: Automatic registration of tax-payers prevails, and books for the registration of non-taxpayers are closetl on June 3oth each year.
SouTH CAROLINA: Books are closed thirty days before elections.
SouTH DAKOTA: Books are closed on last Tuesday next preceding elections.
TENNESSEE: Books are closed twenty days before elections.
TEXAS: Presentation of poll tax receipt entitles one to vote, but payment must be made before February 1 of the year in which elections occurs. Poll tax must be paid in person only in cities of more than 10,000 population. No requirement as to property tax.
UTAH : Books are closed on the first Wednesday prior to the general elections.
VERMONT: Personal registration is not required. Lists are prepared by Boards of Civil Authority thirty days before elections.

WEDNESDAY, JuNE 22, 1910.

19

VIRGINIA: Books are closed thirty da~s before elections.
i
WASHINGTON : Books are closed twenty days before elections, ht~t registration is required only in precincts of more than 250 voting population.
W1:sT VIRGINIA: Books- are closed ten days before elections.
WIS<?DNSIN: Registration required only in cities of more than 2,000 population and books close on Tuesdays next preceding elections.
\\t~YOMING: Books are closed twelve days before elections.
It will be noted that in Texas only is there a limit approximating that required by the law in Georgia, but in Tex~s the payment of poll tax_ alone is the prerequisite, whereas in Georgia all taxes must be paid six months in advance of the election and, in addition, the voter must, in person, register six months before the election. In Texas one specific act_ only is required, and it may be performed by friend, neighbor or ;1g~nt of the voter, except in cities of more than 10,000 population, where it must be in person, while in Georgia two specific acts are required and one of these must, without exception, be performed by the voter in person.
It is a Constitutional requirement that all taxes must be paid six months before the election in order that the voter may be qualified to exercise the franchise. Is not this a sufficiently drastic requirement,

20

JouRNAL OF THE SENATE.

is it not in ~tself an adequate safe-guard against ''padding'' without the additional prerequisite that the voter must go in person to tl;te tax-collector's office, at least six months before the election, and sign the voters' list, without recourse in case sickness, business necessity, absence from the State or even excusable lnegligelllce .prevents him !from so doing Should not the payment of taxes six months in advance of the election in itself be indicative of the voter's integrity, in itself indicate that he is no "venal voter," no "hobo," no "immigrant," but a good citizen?
In no other State of the Union are such multiplied impediments placed upon the exercise of the most sacred right of the free citizen.
Finally, as proving that the present registration law has inflicted a blow to the white electorate of Georgia which is truly appalling in its magnitude, I call attention to the fact that by the Federal census of 1900, after deducting the non-naturalized foreigners, there were in this State 274,797 white males 21 years of age and upwards.
If during the past decade the population has increased proportionately as rapidly as it did during the previous one, viz: 20 per cent.: we can estimate the present number of white males of voting age in Georgia at 329,576.
The reports of the registration in the State under the present law, as published in the daily press, indicate that there are now registered about 212,000 white voters.
Hence, by the operation of this law in effect, even

WEDNESDAY, JUNE 22, 1910. .

21

after making liberal allowance for those made per-

manently ineligible by the Constitution, it appears

that upwards of 100,000 white citizens are debarred

from the right to vote in the elections of this year.

The restrictions placed in the Reconstruction Con-

stitution of 1868 did not by many thousands so re-

strict the right of suffrage to the white citizens of

Georgia.

'

It is superfluous to argue that there are not 100,-

000 "venal voters," "hoboes," "ward-heelers," and

other objectionables among the white citizenry of

Georgia, as those who contend for existing restric-

tions would by inference intimate. In several counties where the effect has been most glaring in de-

priving white citizens of their Constitutional right to

vote, negroes sufficient in number to easily hold the

balance of power in case of a close division of the

whites have qualified.

I hold that the white citizenry of Georgia. is hon-

est, intelligent and responsible, and that each unit

of it should have available the power to protect his

rights by the freemsn 's weapon, the ballot.

I, therefore, recommend that the limit between

the close of the registration books and the date of

elections be reduced to thirty days.

The ends of good government demand that the

person who makes venal use of the franchise shall

be denied the privilege of voting, but because he is

per se a voter is no ground upon which to base a

suspicion of venality. The law should be aimed at

the criminal and not at the honest man. It is not

fair to disfranchise possibly 50 good citizens in order

to catch one venal voter.

22

JouRNAL OF :rHE SENATE.

It will, I believe, be admitted that those voters, excepting negroes, at whom stringent regulations are aimed, will be found almost exclusively in the cities. Not that the citizenry of our municipalities is not of a high order, but owing to the thick population election evils may be more easily perpetrated in them in rural communities. I make the suggestion, therefore, that if discrimination is to be made it be in favor of rather than against the rural voters; that if we must have severe restrictions they be placed upon the cities alone. Reference to memoranda given above will show that in many States that are noted for their progressive legislation with regard to the ballot no registration is required in purely rural communities.
If registration should be required in rural com_. . munities, better provision for the convenience of the voters should be made. Registrars should be provided for each militia district, or the tax-collector
should be compelled to visit in pers~n or by agent
each militia district on some fixed or advertised days before each primary or general election for the purpose of affording each voter this facility without extreme inconvenience to him. It is proper to add that by the census of 1900, 89 per cent. of the population of this State resided in the country, a large proportion of theni many miles from the court houses.
PROMPT PAYMENT OF TEACHERS.
In my first message to your honorable bodies I also called attention to the propriety of devising some plan for the prompt payment of the school

WEDNESDAY, JuNE 22, 1910.

23

teachers of the State, an~ suggested that there be an amendment to the Constitution authorizing the issuance of about $600,000 of bonds, the proceeds of which to be used to create a permanent loan fund for the payment of teachers' salaries to be returned to this loan fund in December when the taxes are collected.
Parenthetically, let me say i:hat it is not the means but the end which I consider most important. It is not so much a matter of how the teachers shall be paid, but that they should be paid. The State
owes it as a duty to those who serve it-most particularly to those who serve the future State by train-
ing rising generations-to be in position to meet every obligation when due. Delay in meeting bills is less excusable in the State than in private business.
If the proposed plan is adopted and the State should within a year or two determine by one tax levy to extinguish this entire indebtedness a rate of one mill on the present taxable valuations of property in the State would more than provide the necessary amount. If, therefore, only $100,000 of this .indebtedness was retired each year it will be seen that the annual burden would not be great.
It is fair to state that the plan which I advanced has been criticised, hence, it is in order to call attention to the fact that this plan, if adopted, will inure mainly to the benefit of the teaohers in the country districts and the small towns. The teachers in the city schools generally get their salaries promptly through means adopted by the municipality. At-

24

JouRNAL OJ<' Tim SENATE.

lanta, for instance, not only pays her teachers monthly, but within the month of February of the. current year she voted a bond issue of $3,000,000, a considerable portion of which was for the building of new school houses. The city's bonded indebtedness was already $3,995,500.00. This new issue of bonds, therefore, increased her total indebtedness to $6,995,500.00, or about 6 per cent. on $115,765,696, the total assessed valuation of her taxable property.
The present bonded debt of the State of Georgia amounts to $7,034,202.00, which is less than one per cent. on $725,018,187.00, the total amount of the assessed valuation of her taxable property.
The bonded indebtedne~s of the other chief cities of the State range from two to nearly six per cent. of the amount of their assessed taxable values, and their tax rates which are uniformly higher than the tax rate of the State are in a large measure levied to pay the salaries of their school teachers promptly; hence it would seem that the people of the cities ought not to object to the plan which requires a small increased burden-and that a temporary one-to secure the prompt payment of the salaries of country school teachers.
Nevertheless, as I stated in my first message, should you in your wisdom adopt some other practicable method by which the same result may be . secured, it will receive my hearty concurrence.
In this connection, I would direct your atten-
o! tion to the need better laws governing our
system of popular education. Our State School Department is barely more than a clerical bureau or-

WEDNESDAY, JuNE 22, 1910.

25

ganized for the purpose of distributing the educational fund appropriated by the State, and for that purpose even it not as well provided for as its importance deserves. This Department, which is ex- pected to supervise the distribution of two and onehalf millions of dollars-or approximately one-half of the State's total revenue-annually, is operated at less than $5,000 annual expense. Its head, who is supposed to be the head of our public school system, gets a salary which is smaller than that paid to the superintendenfs of schools in many towns and counties. It is fortunate that we have been able to secure high types of educators so devoted to the work that they are willing to head this Department for the small remuneration, but it is not fair to expect such personal sacrifices, and besides we face the danger of being unable to retain or secure a thorough,Iy competent person, for this imp?rtant office.
The State Board of Education should be so reorganized as to be composed of experienced educators, and its authority should be extended; the State School Commissioner should be made State School Superintendent, in fact as well as in name, with authority to give, under the supervision of the State Board of J;Jducation, some direction in the modes by which the school appropriations should be expended in different communities. Such changes, I believe, would mean improvements to the public schools as a whole of such nature as would equal in efficiency an additional expenditure of a quarter of a million dollars under our present lax methods.
.I am advised many counties are now drawing

26

JouRNAL OF nn; SENATE.

more money out of the State Treasury for public
schools than they put in, in all kinds- of taxes' and
it is but fair that the State which provides the means, though it comes direct from the people, should be able to exercise some authority in seeing that it is expended to the best advantage in securing the object intended.
\ BETTER TAXING SYSTEM NEEDED.
Bearing in mind now that to the tax-payer is our first and highest duty, let me say that in naught is reform more needed than in our tax-levying methods. The present system is old, cumbersome, crude, inadequate and unjust. No principle of government should receive greater reverence and care than that which says that all the burdens of government shall be borne equally by the beneficiaries. It is just as necessary that there be equal obligation and duty as that there should be equality in the distribution of benefits. No one who has given the matter examination will argue that the burden of taxation is equally borne by the citizens of Georgia. Instead, the greatest of inequalities exist and will continue to exist until some method by which this burden shall be equally distributed has been adopted.
Our present system is essentially one of voluntary contribution; as our learned Attorney-General has aptly said, it is a case of ''merely passing the hat." The result is that some are heavily taxed as compared with their neighbors, and some who reap most lavishly of the benefits of good government fail to pay their proportionate share. The lamentable

WEDNESDAY, JUNE 22, 1910.

27

feature is that in the former class will, in the main, be found the small tax-payer, the humble owner of a cottage home, the ruralist with his few acres or few heads of stock, the workman with nothing but his household goods. In the latter will be found many of the owners of large properties, wealthy corporations and affluent non-residents.
Something should be done to insure the return of
the large estate and the great holdings of corporations, on the same ratio of valuation as characterizes the returns of the owners of small properties, and to insure the return at equitable valuations of person~:J,l property upon by far the larger part of which no taxes are paid. Something should be done to see that property in each county 'shall be taxed by the State on the same basis of valuation that prevails in other counties. As it is now assessments are made without bare semblance of uniformity though the State tax rate is the same in all.
Therefore, I repeat the recommendation of my first message regarding the creation of county Boards of Equalizers, whose duty it shall be to revise all returns made to the tax receiver and to reject and assess those found to be at valuations less than the prevailing standards, and to search out and assess all property, personal or otherwise, which is not returned, of course providing opportun~ty in all cases for t'he tax-payer to be heard. There should also be a State Board of Equalization whose duty should be to see that the same standard of values is adhered to in each county, in order that there may be uniformity among counties, and to revise the re-

28

JouRNAL ()F THE SENATE.

turns of public service and other corporations such as make returns to the Comptroller-General, and to reject them when too low and assess them at the prevailing or proper standards of value. This system would be less expensive, fairer to all concerned, and less productive of inequalities than the present . method of arbitration.
The cry may be raised that this will increase taxes. No greater sophistry could be employed to deceive the unsuspecting mind. It will not mean that the total a~ount of taxes paid shall be more. It will mean that some who are now paying less than their share will be compelled to pay more, while some who are paying more than their due will pay less. Larger assessed valuations, with the corresponding decline in the tax rate that will follow, will do much to place this State before the business world in a true light. If our assessed valuations were $1,500,000,000which in real value they are, or more-and our tax
rate -2% mills, no more taxes would have to be paid
than now yet we would stand before the country as one of its richest communities and having one of the most economical of governments.
In North Georgia there is a county where improved lands were returned in 1908 at an average valuation of $12.24 per acre, while in an adjoining county they were returned at $6.65; in middle Georgia one county returns improved lands at an average yaluation of $5.84, while an adjoining county pays taxes on the same kind of property at an average valuation of $3.89 per acre; in South Georgia will be found a county where improved

WEDNESDAY, JuNE 22, 1910.

29

lands are assessed at an average of $12.86 per acre, while one adjoining pays taxes on an average valuation of $2.73 per acre.
Within the territory comprising the municipality of Atlanta, State and county taxes are collected on property returned at $84,053,739; on the same property city taxes are collected on an assessed valuation of $115,765,696, while the real value is estimated by the City Comptroller at $200,000,000. In Augusta property within the eity is assessed for city taxes at a valuation of $26,:324,072; for State and county taxes the same is returned at $21,709,031 in Savannah, city taxes are collected on property valued at $48,689,875, while the same property is taxed by the State and county on a valuation of approximately $40,000,000. Similar inequalities, I suspect, exist with regard to most, or all, city property in the State. It might be stated that these cities no longer abide the voluntary return system, prevailing in the State government, but, as a rule, have assessors who make direct assessment or minute revision of all returns.
In an address before the International Tax Conference in September of last year, Hon. C. Murphey
Candler, an expert on Georgia tax laws, said:
''Taking the latest estimated true values of all property in Georgia, made by the National Census Bureau in 1904, improved real estate constitutes 48 per cent. of all the property in the State and pays 51 per cent. of a~l taxes. All property in the State was returned for that year at 44 per cent. of its estimated true value.

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"Real estate and improvements were returned at 49 per cent., live stock and farm implements at 59 per cent., railroad property at 40 per cent. and street railroad, electric light and gas companies, and shipping at 21 per cent. of their estimated true values. The Census Bureau gives no separate. estimate as to the true value of money, notes, accounts, solvent debts, etc., but it is exceedingly doubtful if this class of personal property is returned at over 30 per cent. of its value.''
While these ratios may have been somewhat changed in subsequent years, it must be remembered that the assessments on which these figures were based by the National Census Bureau were made under the same laws and regulations as prevail now.
With 'much respect, but great earnestness, I submit the above stated facts to you, and believe they show that the subject is one deserving great consideration at your hands.

INHERITANCE TAx.
In this connection I again urge upon you the passage of a law placing a tax upon inheritances, graduated according to their size and their collateral nature. In England and.in many of our own States this has been found a source of large revenue and one that is fair and equitable.
A LABOR BuREAU.
Permit me again to respectfully call your attention to the recommendation made in my first message

WEDNESDAY, JuNE 22, 1910.

31

to the effect that you establish a State Department of Labor.
The reasons then advaliced for the establishment of such department appear now of even more controlling importance, besides to do so is both a demand of the people, as expressed at the ballot box and in convention assembled, and a pledge of the administration of which you are a part. Since the Department of Agriculture has wrought .such substantial benefits to the agricultural interests, we can readily anticipate that a Department of Labor would likewise protect the rights and enhance the interests of the laboring classes in the cities and other localities.
The great growth of the manufacturing and other industrial establishments in the State is demanding many thousands of new workers and their needs of fair treatment and protection call for the most discerning care.
New problems regarding labor are arising, and such a department would not only serve the employee, but, in many instances, the employer as well, by promoting harmonious relations between the two.
It is a matter of gratification that good relations have existed, alriwst without exception, between employers and employees in this State. This makes the establishment of a labor department all the more desirable in order that the State shall contribute towards continuing such a beneficent condition.
Such departments have beeh established, in some form, by a number of States, and have been found highly satisfactory.

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JOURNAL OF THE SENATE.

IMPROVING THE COTTON PLANT.
Acting under the direction of a Resolution (No. 4, Georgia Laws 1909) adopted at your last session, it was my pleasure since your adjournment to commhnicate with Mr. Luther Burbank, of Santa Rosa, California, with regard to including the cotton plant in his experiments. His reply is herewith submitted:
"SANTA RosA, CAL., March 17, 1910.
"To His Excellency,
JOSEPH M. BROWN'
Governor of Georgia.
"EsTEEMED Sm: Your highly appreciated communication of March 11th just received, and while I am highly pleased to know that yourself and your Legislature have confidence in my abilty to improve the cotton plant (whic.h most certainly c.an be improved under the right management), yet I feel, under the great pressure to which I am continually subjected, that it will be impossible for me to do very much of anything in this line.
''Our coast climate is too cool for the cotton plant and I have so many experiments on hand and such a great amount of corresponde.nce, which must be attended to, that I do not feel like starting a new experiment station further inland where the cotton plant would be grown with success. At the same time, I have now started some very small experiments in this line, which may possibly sooner or later

WEDNESDAY, JUNE 22, 1910.

33

be of some benefit to the growers of cotton. The study of the cotton plant in all its phases, sufficient to thoroughly encompass the work of improving it, would almost be a life work for a single individual. Hardiness, productiveness, length and quality of staple, resistance to diseases and insects, especially the boll weevil and a thousand other questions would be brought up in the improvement of cotton.
''While this work would interest me beyond measure if I was within the cotton belt, yet, having thousands on thousands of experiments of other kinds, some of which have been going on for ten to thirty years, it would seem almost an impossibility for me to branch out and attack as I would like to such a great subject as the improvement of cotton. My time is so occupied that I could not well attend to this, excepting in certain directions, more especially towards a hardier variety.
"If at any time I can make suggestions which will be of service to other works, it is always my pleasure to do so.
Faithfully yours,
LuTHER BuRBANK."
In this connection it pleases me to bring to your attention the splendid work being done on the above line by our State Agricultural College under the direct supervision of Dr. A. M. Soule and Prof. R. J. H. DeLoach, and by the State Entomological Department under the supervision of Prof. E. L. Worsham. These experiments have developed to an extent that promise great benefit to the cotton

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JouRNAL OF THE SENATE.

growers of the State, and I commend them to you for consideration and encouragement.
I am advised that the State Agricultural College is engaged in the development of a cotton plant which will be proof against Anthracnose and which will have a longer and more valuable fiber. The success of this effort by experiments will add great Yalue to the cotton crops of this State and I, therefore, recommend a reasonable appropriation to the State College of Agriculture to be used in carrying on this work. The work of the Entomological Department in overcoming ''black root'' has met with encouraging results and provisions for its continuance should be made.
RAILROAD CoMMISSION.
The sovereign people of Georgia, in the elect~on which chose your honorable bodies, adopted, through 1heir representatives, a platform which contained the following expression of their will:
''We are opposed to unnecessary offices which levy additional taxes on the people; and we ask the Legislature to sdm carefully Georgia's pay-roll to the end that all sinecures be cut off. vVe especially favor a reduction in the membership of the present Hailroad Commission from five to three, and the nbolition of the office of special attorney of the same."
I respectfully renew the recommendation made in my first message that this mandate of the people 1e made effective. The present nmhber of members of the Railroad Commission and the consequent in-

WEDNESDAY, JUNE 22, 1910.

35

crease in its expenses are out of proportion to its usefulness and the tax-payers should be relieved of these superfluous burdens.
BIENNIAL SESSIONS.
Another matter to which I call your attention is that of biennial sessions' for the General Assembly. Only about one-half dozen States in the American Union now have annual sessions of their law-making bodies, and the sentiment of the people of Geo.rgia appears positive to the effect that this State should J,e freed from the expense of yearly sessions, which are calculated, also, to burden the people with unnecessary laws.
DEI;'ARTMENTAL REPORTS.
The reports of the State House officers and of trustees of colleges and public institutions and of our other boards are or soon will be before you. I respectfully commend them to your attention as con"' taining much useful and creditable information with many worthy recommendations too numerous for mention here.
REPAIRS IN LEGISLATIVE HALLS.
Acting under direction of your honorable bodi~s, .I have had the halls of the House of Representatives and the Senate renovated, repaired and re-carpeted. The work was let in two contracts, one for repairs and decorations and the other for. carpets. Each contract was let by bids, suitable advertising being

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JouRNAL oF THE SENATE.

made and full opportunity offered all who desired to make estimates.
In order to insure the most acceptable results in the matter of repairs and decorations, I thought it wise to reject all of the first bids submitted for that part of the work. The work being of a highly techujcal nature, a reliable and skilled architect was employed to prepare specifications and engaged to supervise the work, under which, after advertising throughout the State, bids were again submitted and opened, the contract being let to the lowest bidder.
The re -carpeting cost $4,890.37 and the decorating and repairing $6,123.00. The services of the ::rchitect cost $350.00, making a total of $11,363.37.
Payments on 'these contracts have been made out of the Public Buildings fund, ~ausing the same to be severely taxed, and which will not be able to sustain the extra expense unless re-imbursed. Therefore, I respectfully suggest that the Public Buildings F,und be reimbursed in the sum of $11,363.37.
In the above connection, the Engineer of the Capitol brings to my attention in his annual report, the fact that the Capitol Building boilers are in serious need of repair. He states that money might he saved by replacing them with new ones, and has secured estimates covering the expenditure which are now on file in the Executive Office. He also, urges, as a matter of economy as well as comfort, that the Capitol elevator be changed from steam to electric power.

..WEDNESDAY, JUNE 22, 1910.

37

INSURANCE PREMIUMS.
During the year, new property coming into possession of the State needed to he insured, and some old property that had been omitted from the insurance schedule or which was covered inadequately was brought to my attention. I .authorized the issuance of policies on this property, each being for a period of five years, but, in the absence of any insurance fund at my disposal, contingent upon an appropriation to , meet the premiums. The total amount due is $2,498.05. I suggest that the sum of $5,000 be appropriated as an insurance_ fund, out of which premiums on existing new policies shall be paid and any further needs of like nature met pending the expiration of the general schedule of State insurance.
THE NEw Corm.
The special Commission from your two houses which was named to examine the new State Code prepared by Hon. John L. Hopkins and tentatively nccepted by you, has made its report to me, which is herewith submitted to you. (Appendix B).
The manuscript for the new Code is now in the possession of-this department and awaits your direction.
PARDONS.
In conformity with the requirements of the Constitution, I herewith submit to you a statement of Hll the pardons, commutations and reprieves granted by me during the past year. (Appendix A).

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Rather than make this message too voluminous, I have deemed it wise to postpone the discussion of ~ome matters which I shall bring to your attention a few days later.
CoNcLusiON.
And now, in conclusion, allow .me to repeat the assurance of co-operation with which I close my first message to your honorable bodies. Our powers and duties, it is well known, are different, but associate. You occupy the dual status of being the erystallization of the sovereign people and the agents of the same to whom they have delegated duties which they have made mandatory. I am the Executive of their will as written upon the statute books by you. The Executive cannot enact a law, he cannot repeal a law:; but, with the instruments of authority placed in his hands, he can enforce the laws you enact. Let us then hold ever in mind that the protection of society, equally, impartially, firmly, discerningly and completely is our paramount duty to the people of the State;
Respectfully submitted,

WEDNESDAY, JuNE 22, 1910.

39

(APPENDIX A.)
In Compliance with the provisions of Section 5815 of the Code I herewith submit report of all reprieves, commutations of sentencel'l, pardons, etc., gTanted during the past year.
pARDONS GRANTED.
L. M. PATTEN-Selling Whiskey. Criminal Court of Atlanta, spring term, 1909. With fine of six months in jail. He was convicted on evidence 0f man who was afterwards convicted himself. He is from good family, and his previous record is good; he has served four months in prison; and his 1elease is recommended by Assistant Chief of Police, by detectives who had charge of case, by Solicitor General who prosecuted case, and by Judge who presided at the trial. Pardon granted .July lOth, 1909.
LAcE SIMPSON.-Murder. Superior Court, Hart county, March term, 1899. Life imprisonment. witness who was young at date of trial makes affidavit that she was excited and made mistake in giving evidence on trial, which is material testimony; from affidavits it appears that the offense might have been only manslaughter; he has served with good record ten years, and his pardon is recommended by practically all of the_ trial jury, by the officers of the .county, by the Solicitor-General and by the prosecutor. Pardon granted July 21st, 1909.

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JOURNAL OF THE SENATE.

J. H. WICKER.-Cheating and Swindling, County Court of Green County, March term, 1909. Sentence 12 months chain-gang. County physician certifies that he bas chronic kidney trouble and dropsy and is unfit for service. Commissioners and most of other county officers ask his immediate release on grounds of humanity. Pardoned July 22nd, 1909.

JIM ELLISON.-Larceny. City Court, Atlanta, :;:pring term, 1909. Sentenced to 10 months and $75.00. Criminal intent doubtful; family upon public charity. The prosecutor, presiding judge, and solicitor ask his release. Pardon granted July 24th, 1909.

HAYWOOD PowELL.-Burglary. Superior Court, Bibb county, January term, 1906. Sentenced for 5 years. He has served all of sentence but eight months, with good record, and was only 15 years, or less, when convicted; his pardon is asked by the trial Judge .and the Solicitor who prosecuted case. Pardon granted July 30th, 1909.

HENRY A. HEITMAN.-Bigamy. Superior Court, Bartow county, 1907. Three years sentence. Some doubt as to guilt, and his physicial inability to perform labor required is vouched for by fou.r physicians; the county physician where be is confined certifies officially to his extreme inability to work. His wife also asks his release. Pardon granted August 3rd, 1909.

WEDN:ESDAY, JUN:E 22, 1910.

41

JAMES R~En.-Murder. Hall Superior Court, July term, 1907. Life imprisonment. States witr:.ess admits he was mistaken on material point; his physical condition very bad, and his pardon asked by 1,600 citizens of county whe~e erime was said to have been committed, also, by trial jury, grand jury, and trial Judge. Pardon granted August 4th, 1909.

SHERMAN BREWER.-Burglary. Fulton Superior Court, November term, 1903. 11 years in penitentiary. He was convicted on three seperate charges, but Judge Fite, who presided at the. trial, told him if he made a good record that the would recommend that two years be taken from sentence. Prisoner has made good record and Judge Fite recommends the pardon. Pardon granted August 6th, 1909.

ALICE WILLIAMs.-Misdemeanor. Eight months <:hain-gang. She served about 6 months; has been sick most of the time, and confined to bea about one month, and there are serious doubts as to her recovery if further confined in prison. Pardon granted November 1st, 1909.

JOHN N. PYLE.-Manslaughter. October term, 1909, Superior Court, Early county. Sentenced to Ryears in penitentiary. Character of prisoner good prior to conviction. Grand jury returning bill and trial judge, together with "all officers including Solicitor, recommend his pardon. Pardon granted December 9th, 1909.

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JouRNAL OF THE SENATE.

SAMUEL SuMMERs.-Burglary. March term, 1908, Superior Court, Gwinnett county. Sentenced to reformatory. He is a young white boy, who is said to have been influenced to participation in the crime by an older boy, only technically guilty, record at reformatory good. Solicitor General prosecuting, doubts whether the boy should have been convicted, and strongly urges his pnrdon. Pardon gr-anted De. cember 17th, 1909.

J. W. RoYALs.-Misdemeanor. July term, 1909. City Court, Valdosta. Sentenced 12 months chaingang. His wife and six children dependent upon him, are in destitute condition. Judge Smith, who presided at trial, Solicitor who prosecuted case and a number of citizens of Lowndes county, recommend release. Pardon granted December 20th, 1909.

E. A. MooRE.-Murder.-],all term, 1905. Superior Court, Chatham county. Only son of widowed mother; was conductor on street car, and having difficulty with passenger, fired shot which killed lady on street. His crime, if any, it seems should have been involuntary manslaughter in commission of 1mlawful act. A large number of the citizens of Chatham county, together with city recommend pardon. Pardon granted December 20th, 1909.

EuGENE HuTCHINSON.-Misdemeanor. August term, 1909. City Court of Hartwell. Sentenced to 12 month~ or $250.00 fine. A married man with invalid

WEDNESDAY, JuNE 22, 1910.

_43

wife and several small children dependent upon him. C'ourt of Appeals says "the evidence is barely diseernahle to judicial scrutiny." Presiding Judge, Solicitor prosecuting the case, together with Sheriff, strongly recommend clemency. Pardon granted _ December 20th, 1909.

. GEORGE MADDox.-Stahhing. August term, 1907. Superior Court, Spalding county. Sentenced to reformatory. Boy was about 12 years old at date of difficulty, and was struck by another boy with whip, whereupon he threw knife at him, making painful wound, hut not serious. Previous record is good and the Solicitor General prosecuting case strongly requests discharge. Pardon granted December 20th, 1909.

JoHN PENLEY.-Gaming. August term, 1909. Superior Court, Spalding county. Sentenced to 6 months chain-gang. He is a young white man; a son of a poor widow woman; other boys engaged in the game paid fine of $40.00 and were released. _Penley 1)eing unable to pay fine began service August 11th, J909. Mother and five young children needs his help; only white person in Spalding camp, and a large number of citizens, also County Commissioner recommend his pardon. Pardon granted December 20th, 1909.

MAUD SHORTER.-Attempt to Murder. November term, 1908. Superior Court, Stewart county.

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Sentenced to reformatory. Girl was only 11 years old when tried and sentenced. Superintendent writes that she has made an excellent r~ord, and asks her release. Pardon granted December 21st, 1909.

JoHN W. CHAPMAN.-Drunkness. August term, 1909. Superior Court, Milton county. Sentenced to 12 months in chain-gang. Offense did not result in difficulty with another one; is of a good family Hnd previous good character. His family, consisting of wife and three small children, who are in destitute circumstances. Has been confined in chaingang about 4. months and the condition of his family is such as to need his presence. Pardon granted December 20th, 1909.
TERRY "'lv. CoRDRAY.-Assault and Battery. Fall
term, 1908. City Court of Blakely. Sentenced to reformatory. Has served 14 months; maximum sentence for crime committed. Is only child of n:wther who needs his labor to care for her. Solicitor City Court, together with officers and Mayor of Blakely and number of citizens ask his discharge. Pardon granted December 21st, 1909. ,

JoHN BuRNs.-Misdemeanor. Convicted. City Criminal Court, Fulton county, 1909. Sentenced 3 months on chain-gang or $25.00. He is very old white man who was convicted for being drunk on the public highway without disorderly behavior. Judge

WEDNESDAY, JUNE 22, 1910.

45

who tried him and Bolicitor who prosecuted, regard that his age and circumstances of his offense, together: with good record on chain-gang works release, he is unable to pay fine. Pardon granted December 23rd, 1909.

W. A. CHAMBERs.-Larceny. May term, 1909. Criminal Court of Atlanta. Sentenced to Fulton
Co~nty Reformatory. It is represented that boy was put into the reformatory at instance of father, w-ho thought he had taken money from older sister. His guilt is doubtful and his mother; a Christian lady, and other members of the family request his release. Pardon.granted December 24th, 1909.

WALTER L. HoRNSBY.-Assault and Battery. Tune term, 1909. City Court of Atlanta. Sentenced to 12 months chain-gang or $300.00. Presiding Judge, Solicitor General, Sheriff of county and a number of citizens, and mother of boy assaulted, ask his pardon. Pardon granted January 12th, 1910.

HERMAN MENDELL:-Assault and Murder. Fall term, 1908. Superior Court, Muscogee county. Sentenced to penitentiary. Judge and Solicitor General prosecuting, indorse application for pardon. Pardon granted J aunary 12th, 1910.

CHARLES AIKEN.-Concealed weapon. January term, 1910. City Court, Atlanta. Fine of $50.00

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JOURNAL OF THE SEN ATE.

und cost. Presiding Judge and Solicitor who prosecuted, indorse application for clemency. Pardon granted February 7th, 1910.

J. S. TRIBBLE.-Misdemeanor. October term, ]909. City Court, Atlanta. Fine $100.00 or 12 months in chain-gang. Presiding Judge, Prosecuting Attorney, recommend application for clemency. Presiding Judge expresses doubt as to guilt. Par.don granted Februacy 3rd, 1910.

LEVI ELLIOTT.-Simple Larceny. February term, 1908. City Court of Atlanta. Sentenced to Fulton County Reformatory. He was 15 years old when sentenced, and has been in reformatory about two years. His mother who lives in Tennessee desired to take him home and put him in to school, Pardon granted February 3rd, 1910.

GuY MoRGAN.-Simple Larceny. March term, 1909. City Court, Atlanta. Sentenced to F)Ilton County Industrial Farm. Was sentenced for very trivial offense. Presiding Judge, Sheriff, Hon. Jerome Jones and many others of prominence recommend his application for clemency. Pardon granted March 9th, 1910.

JEROME W ooo.-Malicious Mischief. Fall term, 1909. City Court, Hazelhurst. Sentenced to State Reformatory. Is son of widowed mother, and seems to have been convicted of trivial offense. Judge of

WEDNESDAY, JUNE 22, 1910.

47

City Court, Clerk of Court and a large number of citizens ask his release. Pardon granted March 9th, 1910.
T. A. McGINNis.-Bigamy. Fall term, 1908. Superior. Court Forsyth county Sentence two years in penitentiary. He is weak mentally, and having married, instituted proceedings for divorce, procured one verdict, and thought he was authorized to marry again, did so and was indicted, whereupon he plead guilty. Solicitor-General, trial jury and honorable citizens of county, recommend his release. Pardon granted March lOth, 1910.

EARL VAUGHN.-Simple Lareeny. January term, 1910. City Court, Atlanta. Sentenced to six months in jail. He is a young man of unsound mind, recently from State Sanitarium at Milledgeville; sick witli fever in Fulton jail; father desired to take him to Grady Hospital. Pardon granted March 11th, 1910.
LILLIUS THURMOND.-Assault with Attempt to Murder. Spring term, 1909. Superior Coul"t, Jackson, Ga. Sentenced two years in penitentiary. His pardon is recommended _by County officers, 15 members of the Grand Jury returning indictment. Hon. John Holder, Speaker of House Representatives and numerous good citizens of county recommend his pardon. His wife and child dependent upon him are in destitute condition. Pardon granted Aprilllth, 1910.

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_JouRNAL oF THE SENATE.

OLIVER F'INcH.-Selling Liquor. March term, 1909. City Court of Statesboro. Fined $300.00 and Rix months in chain-gang. Fine and cost which amounts to $460.00 has been paid, and has served in chain-gang since March 7th, 1910. Seems to have been largely under control of older brother. Application indorsed by trial jury, except one inaccessible. Hon. J. J. E. Anderson, county officers and about 800 citizens, neither Judge nor Solicitor oppose. Pardon granted April 12th, 1910.

EARL OvERBY.-Simple Larceny. May term, 1909. Criminal Court, Atlanta. Sentence Hapeville Reformatory. Was convicted of trivial offense, has been confined about one year. Mother is grief stricken on account of death of the young brother r.nd had asked his release. Pardon granted April 12th, 1910.

G. M. MANus.-Selling near heer without license. Spring term, 1909. City Criminal Court, Atlanta. Sentence $100 or 12 months in chain-gang. He is an old infirm Confederate soldier. Trial Judge, Prosecuting Attorney and Chie~ County Police, together with Sheriff, recommend his release. Pardon granted April 15th, 1910.

NEWTON J. THRELKELD.-Murder. Spring term, 1906. Superior Court, Grady County. Life impris(lnment. Nine of trial jury say they do not believe he was guilty of murder, but only of manslaughter,

WEDNESDAY, JuNE 22, 1910.

49

which was not given in charge of trial. Hon. 1,V. S. wright, member of Legislature from Grady County, and Hon. W. S. West recommend his release. Pardon granted April 16th, 1910.

ARTHUR CoLE.-Selling liquor. Fall term, 1909. Superior Court, Fannin county. Fine $1,000 or 12 months in chain-gang. He began services in chaingang October 1909. In view of severity of sentence and hav!n,g served more than six months, his pardon is granted upon payment of $100.00. Pardon granted May 5th, 1910.

WILL W. McKINNEY.-Vagrancy. Februaryterm, 1910. Criminal Court, Atlanta. Sentence 12 months in chain-gang. Was addicted to the use of drugs, opium and morphine. No substantial charge ngainst him, but was tried and sentenced to gang in order to cure him of habit. Doctor says he is cured r.nd recommends pardon, application indorsed by trial Judge and Solicitor. Pardon granted May llth, 1910.

B. T. McHENRY.-Forgery. February term, 1910. Superior Court, Chatham county. Sentence six months in jail. Intent doubtful, amount involved only $4.00. Jury recommend pardon, present character good; family badly in need of his labor. Pardon granted May 16th, 1910.

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JOURNAL OF THE SEN ATE.

CoMMUTATIONS GRANTED.
RoBERT HAYwoon.-Gaming. April term, 1909. Superior Court, Fulton county. Sentence eight months in chain-gang or $50.00. According to state ment of County Physician McDonald, this boy is confined in the Incurable hospital of Fulton County Camp, suffering from consumption, and will never be able to work in the future. In opinion of physician, he can only live a short while, but being permitted to go home to his mother in the country, his life may be prolonged; present record good. Commutation granted July 8th, 1909.

FRANK MEYERs.-Stealing Ride. October term, 1908. Superior Court, Fulton county. Sentence 12 months chain-gang. :Meyers was morphine fiend, and at reques't of mother was sentenced without fine, in order to be cured of morphine habit, he is now well, having served 9 months. Judge, who sentenced, Solicitor prosecuting him, together with Dr. J. W. Hurt recommend his release. Commutation granted.

BoB FLoYn.-Larceny. Superior Court, Warren county. Sentence 1:2 months chain-gang. He is suffering with incurable disease in hospital; physician and surgeons certify to his condition, and County Commissioners command his release. Commutation granted July 8th, 1909.

WEDNESDAY, JUNE 22, 1910.

51

D. C. FINCH.-Selling Whiskey. February term. 1909. City Court of Statesboro. Fine $1,000 and three months in jail. Reputable physicians certify that he has suffered from chronic rheumatism and engorgement of the liver, all of which would be increased by long confinement in jail. Sentence commuted to 20 days service in jail and payment of $1,000. Commutation granted July lOth, 1910.

Guss PEASE.---<Murder. Spring term, 1893. Superior Court, Cobb county. Sentence life imprisonment. Trial jury and presiding judge being fully acquainted with facts, urge release on the grounds that prisoner bas been sufficiently punished to satisfy the demands of law.. The Wardens certify to good conduct during 16 years of .service; many citizens urge clemency. Commutation granted July 25th! 1909.
R. L. VANDERFORD.-Rape. Superior Court, Fall term, 1906. Gwinnett county. Twenty years i~ penitentiary. Solicitor General says public excitement was great, and it was doubtful whether defendant was guilty with more than misdemeanor. Defendant's counsel insist that be is innocent. 650 citizens, all of Gwinnett county, ask his release, say that his conviction was a miscarriage of justice, on account of overwhelming excitement, and say that they do not believe that be is guilty of crime charged. His conduct as a prisoner has been very good and exemplary. Commutation granted August 3rd, 1909.

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JOURNAL OF THE SENATE.

RICHARD ALLEN.-Burglary. October term, 1908. Superior Court, Fulton county. Sentence 12 months. Has served all of sentence except two months, and is unable to work on account of disease, for which I eason clemency is recommended. Commutation granted August 6th, 1909.

NoRMAN JAcKsoN.-Voluntary Manslaughter. December term, 1900. Superior Court, Chatham <'Ounty. Was convicted mainly on testimony of witness who was drunk and witnessed the killing. The defendant denies guilt. Has served 10 years and Solicitor-General, seven members of trial jury and n large number of reputable citizens ask clemency on grounds of sufficient punishment and doubt as to guilt. Commutation granted August 6th, 1909.

CLEVELAND PICKLEHEIMER -Murder. February term, 1906. Superior Court, Cherokee county. Was only 18 years of age when crime was committed and was put upon trial three days after arrest. His father 80 years of ag2, his aged mother, together with mitigating circumstances gave request for 'clemency by grand jury, trial jury, county officers, Solicitor-General and large number of reputable eitizens authorize his release. Commutation granted August 6th, 1909.

\V. L. JouaHIN.-Assault with Attempt to Mur-
(lc:. Jl~nc~ term, 1907. Superior Court, Chatham,
Ga. Sentence 7 years in penitentiary. Was accused

WEDNESDAY, JUNE 22, 1910.

53

of assaul:ting his wife, though injury very slight. lie has served two years and his recommendation for pardon is recommended by Solicitor-General, foreman of the jury and others. Commutation granted August 6th, 1909.

RILEY WALTON.-Burglary. Spring term, 1909. Taylor county~ Sentence 4 years in penitentiary. \Vas convicted for entering house in day time and taking therefrom $4.75, upon evidence of negro man Hnd his wife. Mr. Vann, a reputable white man, testifies that he was picking cotton in the field at time of alleged crime, thereby establishing alibi. He is of good family. Commutation granted August 7th, 1909.

GoRDON SIRMANs.-Selling Liquor. November term, 1908. Superior Court, Decatur county. Sentence 12 months chain-gang. Has rheumatism involving heart, which is certified to by County Physician, exposure makes condition worse. County Commissioners, county officers, Senator and RepreRntative, together with other good citizens of the county, ask clemency. Commutation granted August 7th, 1909.

ALF HALL.-Burglary. Fall term, 1907. Superior Court, Ben Hill, Ga. Was confirmed opium eater, wandering around, physically unable to do much work, and in thi~ condition, stole clothing and food in day time from dwelling houses. Was sent to

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State Farm where he remained two years with good conduct. Physician at State Farm certifies that he is thoroughly cured of opium habit. Trial Judge satisfied that the object of sentence and law vindicated. Commutation granted .August 9th, 1909.

GEoRGE CooPER.-Larceny after Trust. April term, 1907. Superior Court, Chatham county. Sentence 8 months. Testimony technically justifies conviction, but present circumstances indicate no criminal intent; while intoxicated borrowed gun and pawned it, but redeemed same and returned it. Owner of gun did not prosecute and asks release. He is working man with large family and has served nearly half of sentence. His release is asked by Representatives of the county. Commutation granted August 9th, 1909.

En KNox.-Murder. March term, 1901. Superior Court, Franklin county. Sentence life imprisonment. Evidence defendant developed' Prison Commission shows voluntary manslaughter. His release is recommended by 12 Grand jury, 5 trial jury and large number of citizens, by .trial Judge and Solicitor-General. Commutation granted August 10, 1909.

CHARLEY HunsoN.-Violation Prohibition Law. June term, 1909. City Court. Fine and 10 months chain-gang; five months jail, $75.00 fine. Hud- son is physically unable to work or stan~ upon his

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55

feet. His pardon is recommended by trial Judge, County Commission, City Court and by Physician and Sheriff. Had previously served in city chaingang. for some offense and received injury while confined therein. .Commutation granted August 13, 1909.

LomsA LINDSAY.-Infanticide. Spring term, 1900. Superior Court, Spalding county. Sentence life imprisonment. At last stage of consumption, and <'an only live few weeks. Trial jury, presiding ,Judge and many citizens recommend her release. Commutation granted August 28th, 1909.

BEN GADSON.-Burglary. . December term, 1905. Chatham county. Sentence 7 years in pris0n. Has served nearly 4 years of sentence and is suffering from incurable disease and unable to perform any labors. County Commissioner and others recommend his release. Commutation granted September lOth, 1909.

GILBERT MATHEWs.-Rape. January term, 1908. Superior Court, Bibb county. Sentence 10 years in prison. Is a negro between 60 and 70 years. His pardon is recommended by trial Judge, Prosecuting Solicitor, trial jury, Sheriff and deputies, together with jailor and others. Sheriff states that a number of burglars had ,planned killing of jailor and defendant gave information concerning same and prevented jail delivery with probable saving of jailor's

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life. Girl of bad character. Commutation granted September lOth, 1909.
FRANK JARVIs.-Misdemeanor. February term, 1909. Superior Court, Cherokee county. Sentence 12 months in prison. Brother and sister have died with tuberculosis and it is believed that defendant has contracted same. His pardon is asked by trial Judge Morris, county officers, preachers and reputable citizens of 'Cherokee county. Commutation granted September lOth, 1909.
ELISHA WHITE.-Gaming. August term, 1909. Superior Court, Muscogee county. Sentence three months in jail or $40.00. Defendant makes affidavit that he was never charged with any crime but this. Began service in jail August 3rd, and is unable to pay fine, his wife and six children, oldest less than 10 years and youngest about six months of age. Trial Judge thinks circumstances warrant commutation, same is also recommended by Solicitor-General and Mayor of city Columbus. Commutation granted September 20th, 1909.

CLEVELAND, ANDERSQN.-Murder. Fall term, 1909. Superior Court, Fu:1ton county. Sentence life imprisonment. Boy was 16 years old when convicted; some doubt as to criminal intent. Has consumption as certified to by Dr. Green. Has served ~ abqut 10 years with good record, which together with physical condition authorizes clemency. Commutation granted October 12th, 1909.

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57

ALICE WrLLIAMs.-Misdemeanor. City Court, April term, 1909. Lowndes county. Has served more than half of sentence at State Farm. Pardon is recommended by prosecuting Solicitor upon payment of $100.00 and costs. Commutation granted October 12th, 1909.
Lours CHAMBERs.-Assault to Rape. October term, 1907. Superior Court of Whitfield county. Sentence 10 years in prison. Hon. A. "\V. Fite, trial Judge says he doubts if boy was guilty of anything more than assault- and battery, and he, together with Solicitor-General prosecuting case recommend clemency. Application is indorsed by trial jury and mother o~ girl. Commutation granted October 12th, 1909.
TILT SHELTON.-Murder. August term, 1908. Superior Court, Chattaho~hee county. Sentence Jife imprisonment. Convicted on slight testimony, and it is very probable that killing was result of an accident due to want of knowledge in handling automatic pistol. Many of the best citizens of the county urge rlemency. Commutation granted October 12th, ]909.
JoHN GRrFFIN.-Misdemeanor. October, 1909. Calhoun county. Sentence two months in jail or $200 fine or 10 months in chain-gang. Previous record good, sold a pint of whiskey. Several .pf family died with tuberculosis, and he now has same disease, which would likely be precipitated by con-

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JOURNAL OF THE SENATE.

finement m jail. Fine of $200 or 10 months in chain-gang. Commutation granted October 30th, 1909.

DAVE WrLLIAMs.-Concealed weapons. Two cases. September term, 1908. Spalding county. Sentence of 12 months in chain-gang in each case. Has served one sentence and two ,months on another. Trial judge recommends release upon payment of $75.00. Commutation granted upon payment of $75.00 November lst,.1909.

L. H. GRIZZARD.-Burglary. November term, 1907, Superior Court, Fulton county. Sentence 3 years imprisonment. Former employers certify to his previous honesty. Trial judge, presiding Solicitor recommend clemency, to which proprietor of hotel states to them is entirely agreeable. Cornmu tation granted November 13th, 1909.

PEARL HAWKINs.-Adultery. Fall term, 1909, ~uperior Court, Pickens county. Sentence 6 months. Physical condition is such, and conveniences at State Farm are of character that require her release in interest of society and humanity. Commutation granted November 15th, 1909.

LYDIA HARDEN.-Vagrancy. 1909 term Superior Court. Appling county. Sentence 12 months. Physical condition is such and conveniences at State Farm are of such character that require her release

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59

in interest of society and humanity. Commutation granted November 15th, 1909.

ELix FEARs.-Larceny. May term, 1909, Superior C?urt, Fulton county. Sentence 6 months in jail. He is suffering with tuberculosis of the lung and physicians recommend his release in order to prevent probable spread of disease. Term would expire 28th of November. Commutation granted November 2nd, 1909.
RoBERT SHEPARn.-Muraer. Spring term, 1905, Sentence life imprisonment. The evidence developed before the Commission was not produced at trial, and shows grave doubts as to guilt of defendant. Trial judge, Solicitor-General and Clerk of court recommend application for his release. Commutation granted November 13th, 1909.
,WILL TRUMPLER.'-Misdemeanor. Spring term, 1909, City Court of Richmond eounty. Sentence 8 months in prison. Boy was only 16 years old and was convicted of a8sault and battery. Boy assaulted was only slightly injured. Application is recommended by Solicitor of City Court, members of city council, chief of police, Hon. W. H. Fleming, Sheriff of county, Mayor of Augusta, President of. the Board of Health and members of the Legislature. Commutation granted November 17th, 1909.
JoHN HARPER.-Murder. August term, 1907, Superior Court of Murray county. Death penalty.

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The record shows that the Solicitor-General, prose. ruting the case, stated to the jury in his open re-
marks that he would prove by eye witnesses the crime. This he did not do. Affidavit of eye witness above referred to since the tria!' has made affidavit to the effect that the sheriff, whom Harper killed, did not give Harper reason to know that he was such r.fficer and shouted ''hold them up.'' The witness further says that Keith (the deceased) shot several times as he pursued Harper. Finally after he had run some distance, about two hundred yards, Harper turned and shot at Keith.
Two of the jurors made affidavits concernng this statement and say had they heard at the trial, the statement made in the affidavit they would not have convicted said Harper of murder, nor would they have agreed to a verdict of murder in said case.
Two Justices of the Supreme Court, to-wit: Hon. Beverly D. Evans and Horace B. Holden, have in written statements said that they consider the. case as being one warranting commutation. One member of the Prison Commission strongly urges by way of argument the way of clemency, commuting said sentence to life imprisonment. Commutation to life imprisonment granted October 28th, 1909.
PETER WILLIA.Ms.-Gaming. May term, 1906, Criminal Court of J. tlanta. Sentence 12 months in gang or fine of $75.00. Defendant is in last stage of Bright't? disease, and the opinion of Dr. McDonald is that he can only live a short while. Warden cer-

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61

tifies his conduct to be good since confinement. Commutation granted November 15th, 1909.
CLIFFORD WEsT.-Misdemeanor. August term, :!907, City Court of Monroe. Sentence 6 months chain-gang, or $25.00. He is in the last stage of consumption. Presiding judge and trial solicitor recommend clemency. Dr. Elrod says he is unable to work and is a menace to the camp. Commutation granted November 16th, 1909.
LIZZIE TEASELEY.-Selling liquor. September term, 1909, Superior Court, Cobb county. Sentence 6 months chain-gang. She was received at convict camp September, 1909. County physician where she is confined in camp hospital, says she is mffering from tuberculosis, and owing to this b.ieartily recommends pardon as soon as possible. This certificate is approved by Board of County Commis~ sioners. Commutation granted November 20th, 1909.
DALLAS liALL.-Burglary. Spring term, 1909, Superior Court, Jackson :county. Sentence two years in prison. Trial judge strongly urges commutation of sentence. Commutation granted November 20th, 1909.
JOE GREER-Concealed weapon. March term, 1909, City Court, Jasper county. Sentence eight months chain-gang. M. J. McElheny makes affidavit that prosecutor after trial told him that defend-

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JOURNAL OF THE SENATE.

nnt did not have pistol concealed. Eleven members of trial jury ask that his sentence be commuted. Sentence commuted and fine of $20.00. November ~Oth, 1909.
A. E. SALLY.-Misdemeanor. Spring term, 1909, Superior Court, Richmond county. Defendant is a physician residing in Augusta for several years, and judge pronounced sentence and stated that defendant was an ill man, and that sending hiin to gang would mean his death, and under the law he would be forced to give him jail sentence. Considering the increasing disease of the prisoner, presiding judge together with the Solicitor-General, trial jury, judge City Court, Mayor of city and 30 physicians ask his release. Commutation granted December 1st, 1909.

MosE BusH.-Breaking' jail. March term, 1909, Talbot county. Sentence 12 months chain-gang. Has served 9 months of sentence. County Commissioners and camp physician certify that he is dying of tuberculosis and ask his release. Commutation granted December 7th, 1909.
J. B. DEAN.-Burglary. January term, 1909, Criminal Court, Fulton county. Sentence two years in prison. The entire trial jury recommend release. Strong evidence showing an alibi has been submitted. Commutation granted December 10, 1909.
PRIMUS BuFFINGTON.-Voluntary manslaughter.

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63

August term, 1905, Superior Court Hall county. Sentence 10 years in prison. Presiding judge and trial solicitor, Hon. Fletcher Johnson, attorney for prisoner, county officers, all of jury that are accessible, both members of the Legislature, chief police of Gainesville, City Clerk and Mayor and a number of citizens ask release. Commutation granted December 11th, 1909.
HoMER LuNSFORD.-Misdemeanor. October term, 1909, Criminal Court of Atlanta. First offense of the defendant. His release is recommended by Solicitor Hon. Lowry Arnold, R. M. Wiley, prosectuor. and others. Sentence commuted December 9th, 190~.

FRED lRBY.-Concealed weapon. October term, 1909, Superior Court Houston county. Sentence 12 months chain~gang. County physician certifies that he.is suffering from very serious affliction of double hernia and is liable while undergoing the sentence to become strangulated, producing permanent disability. Is unable to work and citizens recommend coinmutation defined. Commutation granted upon payment of $35.00, December 14th, 1909.

JoHN LIVELY.-Misdemeanor. September term, 1909, City Court, Atlanta. Sentence 10 months in chain-gang. Two cases against defendant, one for being drunk on public highway, an~ the other for fight with brother-in-law. No serious injury resulting. Defendant is in poor health as shown by Doctor's certificate. Judge Calhoun, Solicitor Arnold

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and many good citizens recommend release. Judge Calhoun says is a burden to county. Commutation granted December 14th, 1908.
DELLA LALLIE.-Murder. January term, 1905, Superior Court Fulton county. Sentence life imprisonment. Presiding judge and Solicitor Hill prosecuting case, recommend pardon and say that she was hardly guilty of anything more than manRlaughter. Has served 5 years and shows good record. Commutation granted December 16th, 1909.
SIM HARRis.-Murder. January term, 1902, Superior Court Fulton county. Sentence life imprisonment. Upon evidence not submitted at trial, it appears that defendant was perhaps not guilty of anything, certainly not of murder. Camp physician certifies that defendant is in bad physical condition. Shows excellent prison record. Commutation granted December 16th, 1909.

RoBERT CALLAHAN.-(}aming. May term, 1909, Criminal Court, Atlanta. Fine of $75 or.12 months in chain-gang. Defendant having served about half of sentence, the judge and Solicitor prosecuting case recommend that sentence be commuted to fine. Sentence commuted to $40.00 December 17th, 1909.

JIM ALLEN.-Burglary. Fall term, 1905, Superior Court, Bibb county. Sentence five years in prison, term will expire January 20th, 1910. Defendant pleads very earnestly for spending Christ-

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65

mas at home. Considering all circumstan~es, good record, etc., it is deemed not amiss. Commutation granted December 20th, 1909.
WILL KELLEY.-Assault to murder. Spring term, 1908, Superior Court, Walker county. Sentence three years in prison. Solicitor-General, Ron. J. W. Bale, and Ron. Frank Copeland, of counsel for the State, father of assaulted party, Sheriff, Ordinary and Clerk of Superior Court request commutation. Commutation granted December 20th, 1909.
GRI1fF FREEMAN.-Misdemeanor. August term, 1909, Fulton county. Sentence 6 months in jail. County physician certifies that he has a dangerous asthma and heart trouble from which he is suffering and advises his release. .Sheriff certifies that his death is very much imperiled by confinement in jail and recommends his release. Commutation granted December 20th, 1909.
JoH-N C. WITZELL.-Larceny. Fall term, 1907, Superior Court Gilmer county. Sentence four years in prison. He is an ignorant Dutchman who has an exceptionally fine prison record. He loaned another, Dutchman $50.00, which he failed to return, and defendant very much in need of same was advised by a friend to go to Gilmer county, whip the borrower and take his horse. This he did, but horse was recovered with little expense. Circumstances warrant release. Commutation granted December 20th, 1909.

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FRANil: FALLING.-Larceny. Fall term, 1907, City Court, Jasper county. Sentenced to Reformatory. Has served since November 24th, 1907. Superintendent of Reformatory recommends discharge on good record. He is 15 years of age. Commutation granted December 20th, 1909.
Lucy LITTLE.-Felony. Spring term, 1908, Superior Court Putnam county. Sentence five years in prison. She is an invalid suffering with tuberculosis and unable to work, has people who will take care of her. Commutation granted December 20th, 1909.
JIM REESE.-Selling liquor. July term, 1909, Oconee county. Sentence 12 months chain-gang. Has served half of sentence, and trial.judge requests commutation of sentence to $100.00 including costs. Solicitor, Ordinary, Sheriff and Cl('rk also recommend that the case take this course. Sentence commuted in accordance with request December 21st. 1909..
wEsLEY PIERc:E.-Murder. Fall term, 1908, Superior Court, Fulton county. Sentence life imprisonment. Was a negro boy 14 years of age when convicted, and has served 11 years. Solicitor-General and many good citizens ask his release on account of,youth and -aggravating circumstances. Sentence commuted December 22nd, 1909.
ANNIE. TucKER.-Misdemeanor. October term,

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67

1909 City Court Hancock county. Sentence 12 months in chain-gang. A married woman with two small children dependent upon her for care and support. Her physical condition is bad rendering her unfit for service. Member of legislature, senator of the district, judge and solicitor and other prominent citizens indorse application for clemency. Commutation granted January 8th, 1910.
JAKE CARITHER.-Wsdemeanor. October term, 1909, City Court of Monroe. Sentence of $100.00 or 12 months in chain-gang. Trial judge in a let:ter strongly urges clemency. Commutation granted January 17th, 1910.
JoHN I. LEwis.-Misdemeanor. Fall term, 1909, City Court Wilsori county. Sentence nine months in prison. Presiding judge and trial Solicitor recom~ mends a moderafu fine. Hon. Pope Brown, and other good citizens testify to good character and believe that he will not again violate the law. He is a poor trustworthy farmer, has a wife and several small children dependent upon him for support. Commutation and payment of _$25.00 granted January 12th, 1910.
JoHN RoBERTSON.~Murder. February term, 1903, -Superior Court Fulton county. Sentence Life Imprisonment. Presiding Judge, Solicitor-General and also county officers and many citizens urge clemency. _Commutation granted January 12th, 1910.

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JouRNAl, 01!' THE SENATE.

PERRY CRAWLEY.-Larceny. April term, 1909, City Court of Berrien. Sentence 12 months in chain-gang. Presiding judge, Solicitor-General, county officers and tri,al jury indorse application. Commutation granted February 7th, 1910.

HENRY RoRERTs.-Larceny. September term, 1897, Superior Court Pickens county. Sentence Life Imprisonment. House ]:)urned was a small shack. Party owning house and prosecuting case, asks that sentence be commuted. Trial judge and county officers strongly urge cl~mency. Trial Solicitor dead. The defendant has served 13 years with good conduct. Commutation granted January 12th, 1910.

GEORGE GooLsBY.-Murder. May term, 1909~ Superior Court Upson county. Commuted to Life Imprisonment. His pardon is recommended by Prison Commission -after careful view ofall facts in case. It also appears that other parties were connected with commission of crime and the commutation of Life sentence of defendant may result in their conviction. Commutation granted January 13th, 1910.

CHARLIE THOMAS.-Larceny. March term, 1909, City Court of Atlanta. Sentence 12 months or $1.00.00 each. Has completed one sentence, and Prosecuting Solicitor and Trial Judge join in recommendation for $50.00. Commutation granted January 22nd, 1910.

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69

RoBERT YouNG.-Misdemeanor. December term, 1909, City Court of Oconee county. Presiding and Prosecuting Solicitor urge clemency. Sentence commuted to a fine of $50.00. Commutation granted February 7th, 1910.

A:M:ELIA MoRELAND.-Arson. September term, 1884, Superior Court Green county. Defendant a negro woman has been confined in penitentiary 26 years. Prosecutor states in writing that he does not object to release. Ron. H. G. Lewis solicitor at the time, says he cheerfully recommends same, other prominent citizens do likewise. Commutation granted February 11th, 1910.

SALLIE GRIFFIN.-Vagrancy. September term, 1909 Criminal Court Atlanta. Defendant has served about six months, conduct has been good; Judge, Solicitor, Sheriff strongly urge her discharge. Commutation granted February 19th, 1910.

WILL HENRY.~Larceny. July term 1909, City Court, Oglethorpe county. Fine of $75.00 or 12 months in chain-gang. The sentence provided that the payment of money in lieu of chain-gang serviceS' should be paid by a certain date. Defendant failed to raise money at the time, but afterwards did so and desired to pay; court refused. Commutation granted by allowing payment of $75.00 the original fine imposed by the court. Commutation granted February 28th, 1910.

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JouRNAL oF THE SENATE.

THOMAS HoPKINs.-Misdemeanor. Fall term, 1909, City Court, Screven county. -Sentence 12 months chain-gang. Judge Boykin who presided at the trial strongly urges commutation to payll_lent of $150.00. Commutation granted in accordance with recommendation February 28th, 1910.
ANTHONY REDDICK.-Murder. Spring term, 1909, City Court, Sumter c-ounty. Four cases. Sentence 40 months chain-gang. County physicians report defendant in desperate health. It appears that further confinement would result in death, and perhaps if released he might recover, although it seems doubtful. County Commissioners and warde~ say that he is umtble to work, and his care and expenses are $42.00 per month. Commutation granted February 28th, 1910.

JULIAN CLARK.-Stealing ride on train. September term, 1909, Criminal Court, Atlanta. Was convicted Septep1ber 25th, 1909. His mother is dangerously sick, and not expected to live. He was only 16 years of age when convicted. His youth and condition of mother and circumstances of case justify commutation. Fine commuted to payment of $25.00. Commutation granted March 7th, 1910.

CHARLIE lRwiN.-Selling liquor. November term, 1909, Superior Court, Henry county. Se~ $500.00 or 12 months. He is reported to be \!_r~ cally an invalid, and not able to pay fine. His appli-
cation is endorsed by members of Legislature from

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71

Franklin county. Dr. W. W. Carmichael and others certifies to his physical condition. There is some .question as to whether he sold the whiskey or bought it from one Jack Williams. At the trial of the case, it was not certain that there was' such a party as. Williams, but since the trial it has developed that there was such party. Eleven of the jury recommend clemency commuted to $100.00. Commutation granted March 9th, 1910.

JIM STAPLEs.-Burglary. February term, 1908, Superior Court, Polk county. Sentence 4 years. Trial judge, prosecuting solicitor and sheriff of Polk county endorse application on grounds that he gave information on intended escape from jail on the part of several other persons. He has served since September 11th, 1908. He stayed in jail about a year prior to sentence. This would make, crediting him with good time, about three years confinement. Commutation granted March 9th, 1910.

MosE JoHNSON.-Murder. September term, 1908, Superior Court, Baker county. Sentence death penalty. Prosecuting attorney states that be does not think boy should be hanged. The trial judge says that if the two old men who procured the boy to do the shooting escaped with life sentence, that the boy should not be hanged. He has just passed 16 years of age and the grand jury indicting him ask for commutation for life imprisonment. Commutation granted March 15, 1910.

JOURNAL OF THE SENATE.
JuLIA MoRTON.-Arson. December term, 1899, Superior Court, Jackson County. Sentence life imprisonment. Defendant was paroled some time ago. She is now in desperate health, having pneumonia and has convulsions frequently, is also a consumptive, and doctors say she cannot live long. Sentence
commuted to present service April lOth, 1910.
RICHARD CARR.-Robbing. December term, Supe1
rior Court, Bibb county. Sentence 10 years in prison. Presiding judge, prosecuting . attorney, grand jury, arresting officers, recommend commutation to present service. Commutation granted April 26th, 1910.
FERDINAND HoRSTMAN.-Larceny. Fall term, 1905, Superior Court, Fulton county. Sentence 8 years. He has served more than half his term, seems to have been duped into commission of crime by one 0. B. Black, who was sentenced to 10 years service, and granted commutation in 1908. Comm~tation granted April 6th, 1910.
IKE TuaGLER.-Murder. Spring term, 1901, Superior Court, Walton county. JudgeR. B. Russell, who presided at trial, Hon. C. H. Brand, SolicitorGeneral prosecuting, the grand jury and tria! jury all recommend commutation of sentence to present service. Commutation granted April 7th, 1910.
DAN LYoN.-Murder. Fall term, 1884, Superior Court, Bryan county. Life imprisonment. Pris-

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73

oner was paroled April 1909, after diligent inquiry and investigation of conduct of present sentence, he was paroled. The Commissioners recommend he is entitled to pardon. Commutation granted April 7th, 1910.
HENRY BRADLEY.-Murder. November term, 1906, Superior Court, Montgomery county. Sentence life imprisonment. Negro killed was a desperate character, having gone to the mill where defendant and others were at work and shot at some of the negroes. Superintendent sent some of the negro'es through the swamp where he was hiding, and being located and resisting arrest, was shot and killed. Ron. E. D. Graham, prosecuting attorney, urgeS' clemency. Commutation granted April 15th, 1910.
SHuG BERRY.-Burglary. February term, 1909, Superior Court, Butts county. Sentence 5 years. Character of the witnes-s upon whose testimony defendant was convicted, renders his guilt extremely doubtful. Eleven of trial jury, prosecuting attorney recommend clemency. On trial of case jury recommended misdemeanor, but judge did not respectfully recommend same. Commutation granted June 4th, 1910.
DoRsE PARKER.-Murder. 1896 term Superior Court, Wilkinson county. Sentence life imprisonment. Defendant has served in penitentiary since 1896. Seems to have been convicted on circum-

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JouRNAL 01<, THE SENATE.

stances. Had head crushed since being in penitentiary, from which he frequently has convulsions. Trial judge and solicitor endorse application for clemency. County physician states defendant cannot live much longer. Commutation granted April 12th, 1910.
BEN SMARR.-Assault. February term, 1910, Superior Court Monroe county. Sentence 12 months in chain-gang. The entire jury, except one, recommended that fine be reduced below $100.00. Sheriff also recommends same, county officers, Representatives and other good citizens endorse application. Sentence commuted to payment of $125.00. Commutation granted April 12th, 1910.
E. F. KINa.-Misdemeanor. August term, 1909, Superior Court, Gordon County. Sentence $700.00 and 9 months. Application for clemency is endorsed by trial jury, together with about 700 citizens of Gordon county. Col. Rankin says that Judge Fite, who presided at the trial, stated to him that he did not oppose commutation. Chain-gang sentence was suspended by trial judge if the defendant would leave the State. Has been absent from State 7 months, and desires to return to his home and county, and promises to never again engage in the sale of liquor direct or indirect.
As Article 1, Section 1, Paragraph 7 of the Constitution of the State of Georgia says "neither banishment beyend the limit of State, nor whipping, as

WEDNESDAY, JuNE 22, 1910.

75

punishment for crime, shall not be allowed,'' and as the law does not permit judges of the superior court to suspend sentences, it appears that the trial judge exceeded his authority in this case, and therefore under the circumstances it seems to be a proper case for the exercise of clemency. Commutation to payment of fine granted April 15th, 1910.
EvA BARRY.-Selling liquor. June term, 1909, City Court of Millen. Fine of $200 and 12 months. Eight of the trial jury recommend commutation, .as also does a large number of citizens. She is a poor negro woman and will have to stay in the chain-gang for 12 months. Commutation of sentence to service of 12 months in chain-ga:J?.g and payments of costs m case. Commutation granted April 15th, 1910.
KATE O'DwYER.-Misdemeanor. October term, Superior Court, Clarke county. Fine of $1,000, 12 months in chain-gang, and 6 months in jail. Defendant plead guilty in two cases, in one she p~id fine of $200.00. The sentence in the other case, the one noted above, was suspended upon her agreeing to leave county. Her attorney advised at the laps~ of 12 months she could return to county, which she. did, and is confined in chain-gang. Her application for clemency is indorsed by Solicitor-General and others. Commutation to present service granted April 29th, 1910.
FELIX DAVENPORT.-Assault with intent to murder. Spring term, 1907, Superior Court, Jackson

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county. Five years in prison. Solicitor-General, trial judge and county commissioners all urge clemency. Commutation to present service granted April 30th, 1910.
ARTHUR CoLE.-Misdemeanor. Fall term, 1909, Superior Court, Fannin county. Fine of $1,000, or '12 months. Defendant has served in gang since October 30th, 1909. In view of long service and good behavior, it is recommended that the sentence be commuted to present service upon payment of $100. Commutation granted May 5th, 1910.
ELI MuLLis, JR.-Misdemeanor. March term, 1909, Superior Court, Wilcox county. The sent~nce provided for 12 months in chain-gang, and also that 10 months of the sentence might be commuted on payment of $250. Commutation granted in accordance with recommendation May 7th, 1910.
TALLY LuKE.-Burglary. March term, 1910, Superior Court, Coffee county. Four months and $200. Defendant has just passed 15 years of age, and has served more than a month in chain-gang. Grand jury recommended commutation of his sentence to the payment of fine imposed. The goods taken were of the value of about $12.00 or $15.00. Commutation to payment of $200.00 and present service gra,nted May 7th, 1910.
DENNIS HAMILTON.-Misdemeanor. City Criminal Court, April term, 1910. Ten months in gang or

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77

$50.00. He is a half-witted boy 16 years old without mental capacity to appreciate the offense he committed, or to know he is in chain-gang. Was arrested in Habersham county. Left home without consent and came to Atlanta, was picked up a vagrant and was accused of stealing rooster. Trial judge recommends comm~tation to present service, which was granted in accordance with recommendation May 9th, 1910.
B. F. ToWLER, WILL HuNT, ALVIN EvANs.-Perjury. Superior Court, Walton county, February term, 1909. Sentence four years. Defendants are all ignorant men overpersuaded to testify falsely by a man of much superior intelligence. They voluntarily pleadild guilty and gave evidence resulting in the indictment of the suborners and the conviction of one of them, who is now serving a 7. years sen,tence. Trial judge makes statement in person that he thinks it would not be against public interest to commute sentence. Solicitor-General, Representative Edwards and all county officers, together with grand jury and 25,000 citizens'of-Walton county, all recommend release. Commutation granted May 11th, 1910.
JIM HILL.-Forgery. March term, 1907, Superior Court, McDuffy county. Sentenced to 1 and 4 years. Has had tuberculosis for several months and has been critically ill, and a menace to the other inmates. The attending physician urges his immediate release; county authorities and trial judge do

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likewise. Commutation to present service granted May lltb, 1910.

RoLLIE WALDEN.-Simple larceny. January term, 1910, Superior Court, Rockdale county. Sentence four months. Has served three months, and from facts gathered, it is doubtful whether he is guilty. Condition of his wife is such as to need his presence and services. Seven of the jurors, trial judge and large number of good citizens ask that sentence be commuted to present service. Commutation to present service granted May lltb, 1910.

JERRY FARLow.-Misdem~anor. October term, 1909, Criminal Court, Atlanta. Sentence 8 months. 1'wo cases. Trial judge, prosecuting Solicitor and officers of court, policemen representing case, all recom!llend commutation. Commutation to present service granted May 13th, 1910.

L. M. BROUGHTON.-Attempt to murder. City Court, Fulton County, .January term, 1909. In trial of case, jury recommended punishment for misdemeanor, and he was sentenced to chain-gang for 12 months. A disease bas developed since his confinement which renders him unfit for labor. County physic~ans certify that he has valumber heart trouble, causing general dropsy, and inability to lie down at night, and trial judge and solicitor recommend release. Commutation to present service granted May 13th, 1910.

"\VEDNESDAY, JUNE 22, 1910.

79

JoHN GRINER.-Burglary. Fall term Superior Court, 1907, Coffee county. Sentenced to Reformatory. Superintendent_ writes that he has complied with all requirements. Commutation g-ranted May 16th, 1910.

MRs. R.B. HILL.-Misdemeanor. February term, 1910, City Court, Floyd county. Twelve months chain-gang. She is 48 years of age. Chairman of County Commissioners, Hon. W. M. Gammon and other prominent citizens of Floyd county recommend release. Commutation to present service granted May 16th, 1910.

JoHN CARTER.-Simple larceny. August term, 1909, Superior Court, Campbell county. Party wa::; convicted for stealing a small amount of corn from the man which he lived with and feeding to chickens, not over $1.00 worth. Has served about 8 months, and asks to be discharged on payment of $20.00. Commutation to present service granted upon payment of $20.00, May 14th, 1910.

HENRY WHITEHEAD.-Misdemeanor. January term, 1910, Criminal Court, Atlanta. Sentence 12 months in chain-gang or $50.00. Negro was only 15 or 16 and was convicted for some petty larceny. He is in such condition that he is unable to work, suffering from chronic peritonitis, and county physician requests his discharge. Commutation to present service granted May 18th, 1910.

80

JouRNAl, OF THtJ SENATE.

E. B. RuNYON.-Burglary. April term, 1910, Superior Court, Chatham county. Two cases, six months each. Boy of very respectable parentage in Richmond, Va., came to Savannah about April, 1910, and committed offense above stated. Is about 17 years of age, and was sentenced to Industrial Farm near Savannah. Affidavits of several physicians show that at the time he committed the crime and before said time, was severely demented and that he should be released and removed where he can have surgical attention. Commutation to present service granted June 16th, 1910.
TRoY THOMASON.-Subornation of pttrgery. August term, 1909, Superior Court, Walton county. Was convicted mainly on own statement. It appears that he was trying to obtain release of an older brother and perhaps in ignorance of law committed the crime. The trial judge, grand jury, county officers of Walton and Gwinnett county, together with several hundred of the best citizens recommend pardon. Commutation granted June 19th, 1910.
JAcK McCLOuD.-Murder. October term, 1905, Superior Court, Telfair county. Life imprisonment. Prosecutor, near relatives of deceased, SolicitorGeneral, trial jury and all of county officers recommend clemency. Commutation to present service granted June 12th, 1910.

WEDNESDAY, JuNE 22, 1910.

81

PAROLES. . Bun CooPER.-Murder. March term, 1903, Superior Court Gwinnett county. Sentence Life l'Inprisonment. Prisoner has served more than the minimum sentence :fixed by law for the crime committed. Two representatives and the former Solicitor who prose~uted him recommend parole, Presiding Judge dead. Parole granted July 7th, 1909.
O'MEIG PowELL.-Manslaughter. Spring term, 1906, Superior Court, Sumter county. Sentence 20 years in prison. Has served more than minimum sentence. Strong petition of citizens urge release. Solicitor General does not object. Parole granted July 28, 1909.
HENRY SMITH.-Burglary.. April term, 1909, Superior Court Montgomery. Sentence 15 years in prison. Good conduct of prisoner. Has served more than the minimum sentence, Application indorsed by solicitor-general, county commissioners and others. Parole granted July 29, 1909.
OscAR ALGREEN.-Burglary. April term, 1907, Superior Court Fulton county. Six years in prison. Has served more than minimum sentence for crime committed with good record in penitentiary. His release is recommended by solicitor-general and officers, also by Rev. Carl Schaefer pastor of church and many good citizens. Parole granted August 7th, 1909.

82

JouRNAL OF THE SENATE.

WALKER BARENTIME.-Voluntary Manslaughter. March term, 1906, Superior Court. Coweta county. Sentence 5 years in prison. Has s~ved more than minimum sentence with good record. Physician certifies he has developed tuberculosis. Release is recommended by very large number of citizens. Parole granted August 9th, 1909.
EuLACE W ALLACE.-Larceny. After T rust. Spring term, 1909, Superior Court Fulton county. Three years in penitentiary. Has served more than minimum sentence for crime committed with good conduct. His release is recommended by solicitorgeneral, officials of the county, and other prominent citizens. Parole &'ranted August 9th, 1909.
ToM EvANs.-Larceny. March term, 1908 Superior Court Cobb county. Five years in prison. Has served more than minimum sentence fixed by law. Has served a year and six months with 'good conduct. His release is recommended by Trial .Judge, Solicitor General, officers and several hundred citizens of Cobb county. Paroled September 11th, 1909.
ToM ANDERSON.-Murder. January term, 1898, Superior Court, Emanuel county. Sentenced to life imprisonment. Has served more than minimum sentence for crime committed with good conduct.. His release is recommended by trial judge, prosecuting solicitor, nine jurors, others not being acces~ sible and large number of good citizens. Parole granted September 11th, 1909.

W EDN_ESDAY, J UNE ")"'")"' 19.10.

83

<SNow ALLEN.-Burglary. Spring term, 1902, Superior Court, Jackson county. ,Sentence 10 years in prison. Has served more than minimum sentence. Presiding judge and large number of citizens recommend his release. Parole granted September 11th, 1909.

EMANUEL 1\IcGHAN.-Murder. April term, 1886, Superior Court, Marion county. Life imprisonment. Has served more than minimum sentence with good conduct. He is growing old, considering the conflict together with his long services. Parole granted September 11th, 1909.

ToL CANNON.-Larceny. March term, 1906, Superior Court, Habersham county. Has served more than minimum sentence fixed by law. Trial judg.e recommends release, other good citizens do likewise. Parole granted September 11, 1909.

JoHN BrcKERS.-Burglary. November term, 1905, Superior Court, Bibb county. Sentence 10 years in prisOI~.. Has served more than minimum sentence for crime committed. Trial judge, solicitor-general and county physician recommends release. Parole granted September 11th, 1909.

. W. A. MAXwELL.-Voluntary manslaughter. Fall term, 1907, Superior Court, Grady county. Sentence 8 years iR prison. Has served more than minimum sentence for crime committed. Previous history and record good. Solicitor-general, trial

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JOURNAL OF THE SENATE.

judge, jurors and citizens of Grady county recommend his release. . Parole granted September 11th, 1909.

ANN TuRNER.-Murder. Spring term, 1890, Superior Court, Terrell county. Life imprisonment. Has served more than minimum sentence for crime committed and is now 60 years of age. Her pardon is recommended by solicitor-general, all the jurors except one who is not accessible. Parole granted October 12th, 1909.

CHARLIE HAMILTON.-Burglary. Fall term, Superior Court, 1908, Fulton county. Sentence four years in prison. Has served more than minimum sentence for crime committed. The jury recommended that he be punished as for misdemeanor, but .the judge did ~ot so sentence him.. His mother is very old, a widow with sick daughter, and no other members to support her. Parole granted November 13th, 1909.
HENRY PATTERSON.-Murder. July term, 1896, Superior Court, Hall county. Life imprisonment. Has served more than minimum sentence for crime committed. Has been a prisoner for 14 years. Presiding judge and prosecuting attorney say that they think he has served long enough. Parole granted November 2d, 1909.
CHARLES SwANSON.-Voluntary manslaughter. Spring term, 1905, Campbell county. Sentence nine

WEDNESDAY, JuNE 22, 1910.

85

years in prison. Has served more than mm1mum sentence for crime committed. Presiding judge, prosecuting solicitor, most of the trial jury, warden and many good citizens recommend his release. Parole granted November 13th, 1909.

. JESsE CLARKE.-Assault to murder. October term, 1906, Superior Court, Jones county. Sentence five years in prison. Has served more than minimum sentence. Trial judge, solicitor-general and the prosecutor, trial jury and others ask release. Parole granted November 16th, 1909.

PHILLIP JEMISON.-Burglary. November term, 1905, Superior Court, Muscogee county. Sentence five years in prison. Capt. Wyly Williams who prosecuted defendant and others say he is of weak mind. Parole granted November 16th, 1909.

MoLLIE FARMER.-Murder. April term, 1888, Superior Court, Fulton county. Life imprisonment. Was convicted for killing infant child. Has served over 22 years. She has always protested her innocence. Her pardon is recommended by warden, superintendent and others of the State farm, by solicitor-general Chas D. Hill. Parole granted December 9th, 1909.
JoHN NELMs.-Felony. Spring term, 1905, Superior Court; Webster county. Fifteen years in prison. Has served more than minimum sentence with good record. His release would not be incom-

86

JouRNAL OF THE SENATE.

patible with welfare of society. Parole granted December 9th, 1909.
WILLIE MoRGAN.-Larceny. Spring term, 1909, Superior Court, Fulton county. Three years in prison. Has served more than minimum sentence for crime committed. Judge Roan now considers the case misdemeanor and advises pardon. Boy only 13 years old when crime was committed. Parole granted December 13th, 1909.
WESLEY PIERCE.-Murder. Fall term, 1898, Superior Court, Fulton county. Life imprisonment. Has served more than minimum sentence with good record. Was 14 years old when crime 'Yas comm~tted when under aggravating circumstances. Parole is recommended by solicitor-general and citizens. Parole granted December 20th, 1909.
JAMES A. GossETT.-Voluntary manslaughter. December term, 1903, Superior Court, Muscogee county. 16 years in prison. Circumstances of conviction show great provocation. Previous history and present record good. Paroled December 20th, 1909.
ALBERT ANDERSON.-Burglary. February term, 1907, Superior Court, Muscogee county. Five years. Has served more than minimum sentence with good record. Physicians say that his health is not good and that he is suffering considerably with serious disease which requires his release. Paroled Decem.- : her 20th, 1909.

wEDNESDAY, JUNE 22, 1910.

87

JAMES LocKETT.-Murder. June term, 1907, Superior Court, Bibb county. Life imprisonment. Has served more than minimum sentence for crime committed. Previous history and present record good. Release is recommended by a petition of 200 citizens and the judge with solicitor-general say that in their opinion the offense committed was that of manslaughter. Parole granted December 21st, 1909.

ARTHUR JoHNSON.-Voluntary manslaughter. Fall term, 1900, Superior Court, Floyd county. 15 years in penitentiary. Has served more than minimum sentence with good record. Release is recommended by trial judge, solicitor-gen~ral, nine of the jurors. Parole granted December 21st, 1909.

JoHN HoLDErt.-Voluntary manslaughter. January term, 1905, Superior Court, Laurens county. Fifteen years in penitentiary. Previous history and present prison record good. The testimony shows that the deceased used very insulting language about defendants wife. Judge, county officers and a num~ ber of citizens recommend his release. Parole granted December 21st, 1909.

PARKER LEwis.-Murder. Spring term, 1903, Superior Court, Hancock county. Life imprisonment. Has served more than minimum sentence with good prison record. The grand and traverse jury recommend parole, presiding judge is dead. The record discloses that a witness who was not sworn in on the trial states that the deceased made an effort to strike

88

JouRNAL Ol!' TH.C SENATE.

defendant with a piece of rail. Forming considerable doubt upon legality of the Supreme Court of murder. Parole granted January 12th, Hl10.
MARY DuRDEN.-Murder. Spring term, 1900, Supreme Court of Camden county. Ljfe imprisonment. Has served more than minimum sentence. Previous history and present record good, and defendant is in the last stage of consumption. Paroled January 11th, 1910.
CARRIE LocKLIER.-Vagrancy. December term, 1909, City Court, Floyd county. Confinement in chain-gang. Has served more than minimum "sentence with good conduct. She is a young girl, who at the request of Hugh S. Wallace of Rome, Ga., will go to Barclay Memorial Home. Presiding judge strongly urges this course. Parole granted February 2'1st, 1910.
MINNIE SMITH.-Vagrancy. December term, 1909, City Court, Floyd county. Confinement in chain-gang. Has served more than minimum sentence with good conduct. She is a young girl, who at the request of HughS. Wallace of Rome, Ga., will go to Barclay Memorial Home. Presiding judge strongly urges this course. Parole granted February 21st, 1910.
NEWTON RoBINSON.-Burglary. October term, 1908, Superior Court, Houston county. Seven years in prison. Has served more than minimum sentence with good record. Presidjng judge recommends

WEDNESDAY, JuNE 22, 1910.

89

parole. County physician says he is suffering to a great extent from rheumatism, same statement by warden. Judge Calhoun, Hon. Clark Howell, Solicitor Hill, Judge Reed, Hon. Arnold Broyles, Hon. Lowry Arnold and others of prominence ask clemency. Parole granted February 26th, 1910.

DAvE PETERs.-Murder. Spring term, 1899, Superior Court, Emanuel county. Life imprisonment. Has served more than minimum sentence with good record. Judge E. D. Evans who presided at the trial and others indorse application. Paroled March 5th, 1910.

WILI" SMITH.-Murder. November term, 1902, Superior Court, Bibb county. Life imprisonment. Has served 17 years with good prison record. Presiding judge, prosecuting solicitor and some of the j'ury and other good citizens recommend pardon. Parole granted March 7th, 191'0.

ALLEN RocKMORE.-Burglary. April term, 1907, Superior Court, Jones county. Seven years. Has served more than minimum sentence with good record. T'rial judge, solicitor-general and prosecutor and others ask release. Parole granted April 6th, 1910.
BEN ATKINSON.-Murder. November term, 1894, Superior Court, Bryan county. Has served more than minimum sentence with good record. Applica-. tion is indorsed by judge of the City Court, nine of his

90

JouRNAL OF THE SENATE.

members, member of the legislature of Bryan county, sheriff, and various good citizens, senator and many officers of Emanuel county where defendant formerly lived and is now stationed. Parole granted April 7th, 1910.

CHARLES HAMILTON.-Burglary. Fall term, 1908; Superior Court, Fulton county. Four years. Has served more than minimum sentence with good record. His mother is very old and a widow with sick daughter and no members of the family to support her. A great number of officers of Fulton county and a nuniber of citizens recommend release. Parole granted April 19th, 1910.

ENOCH SANDERs.-Assault with attempt to murder. March term, 1908, Superior Court, DeKalb county. Has served more than minimum sentence with good record. Trial judge, solicitor-general, trial jury and a large number of citizens of DeKalb county recommend release. Parole granted April 14th, 1910.

JoHN THOMAs.-Burglary. Fall term, 1908, Superl.or Court, Fulton county. Three years. Has served more than minimum sentence with good record. Was only 16 years old at time of conviction, served about 18 months with good record. His mother is old and paralyzed and needs his support. SoliCitor-general recommends pardon. Parole granted April 18th, 1910.

WEDNESDAY, JUNE 2:2, 1910.

91

WILL JoNEs.-Burglaty. Spring term, 1908, Superior Court, Richmond. Five years. Has served more than minimum sentence fixed by law. Presiding judge, solicitor-general and others recommend parole. Paroled May 16th, 1910.
RoLLIN KNIGHT.-Larceny. December term, 1909, City Court, Atlanta. Eight months. Has served more than minimum sentence for crime committed. Presiding judge, arresting officers indorse application. Amount of property involved about 90 cents. Parole granted May 16th, 1910.
JoHN W. RowE.-Burglary. March term, 1908, Superior Court, Fulton county. Fulton reformatory. Has served over two years and more than the minimum sentence for crime committed. Boy only 19 years of age and always maintained that he was innocent. Members of county commission together with best citizens of Fulton- county recommend his release. Parole granted May 18th, 1910.
GEORGE PALMER.-Murder. Fall term, 1901, Superior Court Emanuel county. Life imprisonment. Has served more than minimum sentence with excellent record. Ten of the jury recommend his par-don. Judge Beverly D. Evans, who presided at the trial sign his application, a large number of citizens, several officers of county ask his release. Parole granted May 20th, 1910.

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JOURNAL OF THE SENATE.

RESPITES.
W. H. MITCHELL.-Assault and battery. Fall term, 1909, Superior Court, Thomas county. 12 months on chain-gang. Respite granted September 1st, 1909, in order to give opportunity for pr~son commission to consider application for clemency. Date of respite August lOth, 1909; again on September 4th1 1909, in order to give executive time to consider application for clemency.
J. B. KELLOGG.-Murder. Superior Court, Cherokee county. Fall term, 1909. Respite granted until November 19th, 1909, in order to give prison c~m mission and executive time in which io consider application for ~ommutation to life imprisonment in accordance with the recommendation of trial Judge Morris. Date of respite October 9th, 19'09.
JoE GnEER.-Concealed weapon. March term, 1909, City Court Monticello. Eight months chaingang. In order to give prison commission and ex- ecutive time to consider application for clemency, on the grounds of new evidence seeking to establish innocence of defendant. Respite dated October 19th, 1909, and postponed execution of S'entence until October 20th, 1909.
MITCHELL CATOHINGs.-Selling whiskey. March term, 1909, City Court, Monticello. 12 months chaingang. In order to give prison commission and executive time to consider application for clemency upon

WEDNESDAY, JuNE ~2, 1910.

93

the gro~nds of defendant suffering from tuberculosis. Respite dated October 19th, 1909, and of force until November 1st, 1909.

GEoRGE GooLSBY.-Murder. May te-rm, 1909, Superior Court, Upson county. In order to give prison commission and executive time in which to consider application for commutation to life impris-onment. Respite dated January 4th, 1910, and of force until January 14th, 1910.

GEORGE BuRGE.-Murder. Superior Court, Fulton county, fall term, 1909. In order to give attorneys' for defendant opportunity to present application for commutation to prison board and have same considered by prison commission and executive. Respite dated January 6th, 1910, of force January 21st, 1910, and January 15th, 1910, and of force January 28th, 1910. In order to give prison commission and executive time in which to consider additional motion and grounds for commutation to life imprisonment. Respite dated January 15th, 1910, and of force January 24th, 1910; again January 27th, 1910, in order to give the Supreme Court time in which to consider and pass upon bill of exceptions while in case. Date of respite January 27th, 1910, and of force u:r;ttil Friday, March 25th, 1910, and again March 24th, 1910, in order to give Supreme Court additional time in which to pass upon branch of case submitted to that court. Date of respite March 24th, 1910, and of force until April 15th, 1910.

94

JOURNAL OF THE SENATE.

WILLARD WEnn.-Rape. Fall term, 190.9, Superior Court, Cobb county. Sentenced to be hanged. In order to give prison commission and executive time in which to consider application for commutation to life imprisonment, on evidence alleging alibi. Respite dated February 3d, 1910, and of force until February 18th, 1910.
E. F. KING.-Selling whiskey. August term, 1909, Superior Court, Gordon county. In order to give prison commission and executive time in which to consider application for commutation, and on account of sickness- of attorney for King. Respite dated March 17th, 1910, of force April 16th, 1910.

JoHN SuPPLE.-Murder. February term, 1909, Superior Court, J e:ff Davis county. Sentenced to be hanged. In order to give attorneys' for defendant an opportunity to prepare testimony and su~mit an application for commutation, and time for prison. commission and executive to pass upon the merits of clemency application. Respite dated March 25th, i910, and of force until April 22d, 1910; and again on April 19th, 1910, in order to give prison commission additional time for investigation of evidence in case and of force until April 6th, 1910.

HENRY PATTERSON.-Murder. November term, 1909, Superior Court, Sumter county. In order to give prison commission and executive time in which to consider application to commutaton to life imprisonment, on application claiming newly discov-

WEDNESDAY, JUNE 22, 1910.

95

ered evidence. Respite dated April 25th, 1910 and of force May 31st, 1910.

JESsE CooK.-Murder. January term, 1910, Superior Court, Bartow county. In order to give prison commission and executive time in which to consider application for commutation to life imprisonment. Respite dated May 19th, 1910, and of force June 17th,_ 1910.

FRANK BRooKs.-Murder. August term, 1909, Superior Court, Fulton county. In order to give prison commission and executive time in which to pass upon application for commutation to life imprisonment, chairman being sick, and temporarily unable to act. Respite dated June 1st, 1910, and of force June 17th, 1910.

DR. J. M. ELLroTT.-Murder. November term, 1908, Superior Court, Troup county. Respite granted until September lOth, 1909, for the hearing and consideration of application of commutation to life imprisonment; again on September 7th, 1909,\ until October 8th, 1909, on account of the sickness of Hon. W. D. MeNeal counsel for the defendant and the application for clemency; again on October 4th until October. 22d, 1909, in order to allow the prison commission and executive time for the consideration of application for life sentence; again Ootober -20th, 1909, until November i5th, 1909, on grounds to give expert physicians an opportunity to make examination as to the sanity of the defendant and re-

96

JouRNAL OF THE SENATE.

port same to the proper authorities; again on November 5th, 1909, until November 19th, 1909, ol!- account of physician's certificate of the defendant had attempted suicide, by taking poison on November 4th, rendering his mental and physical condition such as to make the enforcement of the law in this case act repugnant to our civilization.

JoHN HARPER.-Murder. August term, Superior Court, Murray county, 1909. Respite granted until October 8th, 1909, in order to give prison commission and executive time in which to consider application for commu,t'ation lto life imprisonment, on grounds of newly dscovered evidence; again October 4th, 1909, until October 22d, 1909, in order to give prison commission and executive time for consideration of application for commutation to life imprisonment.

WILL HoLT.-Misdemeanor. July term, 1909, City Court, Monticello. In order to give attorney for defendant an opportunity to prepare testimony to submit to prison commission and executive and give them time to consider application for commutation. Respite dated January 5th, 1910, of force January 15th, 1910.

RoGER MERRITT.-Rape. Superior Court, Fulton

countjr, 1910. In order to give prison commission

and tion

feoxreccuotmivme ut'tiamtieo

in which to pass upon n to life imprisonment..

applicaRespite

dated May th,.1910, of force June 17th, 1910; and

WEDNESDAY, JUNE 22, 1910.

97

again on June 16th, 1910, and of force June 24th; 1910, in order to give judge and solicitor time to investigate testimony as to mistaken identity and have same passed upon by prison commission and executive.

(APPENDIX B.)
REPORT OF THE NEW CODE COMMISSION.
To H1s ExcELLENcY,
JOSEPH M. BROWN' Governor.
We, the undersigned Commission, appointed in pursuance of an Act of the General Assembly approved August 14, 1909, to examine and report on a new Code of Georgia, codified by Hon. John L. Hopkins, submit the following report:
Since the last session of the General Assembly we have met in the Capitol in Atlanta from time to time and have reviewed with Judge Hopkins the en. tire work done by him in codifying the laws of Georgia, as provided for in the above Act, and after completing this work we beg to report that we believe the work. to be as complete and accurate as it has been painstaking and careful.
'Ve have examined the Code of 1895 and noted

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JouRNAL OF THE SENATE.

every proposed addition to this Code, and every part proposed to be omitted, and where additions were made, we examined with Judge Hopkins the Act from which said additions were proposed and in every case we examined the authority for proposed omissions from the Code of 1895. In this manner we are satisfied that all the laws of a general nature now of force in Georgia are included and that all laws of a general nature which have been repealed or which have been declared unconstitutional or have ~een clearly superseded, have been properly omitted.
We also report that the work of arranging the different sections, placing the new laws in their appropriate places, under their proper titles, and the renumbering of the sections, has been satisfactorily done.
This Commission approves the arrangement proposed by Judge Hopkins by which the Code will be published in two volumes, the first volume to contain the political and civil laws, together with the Code of civil practice, the rules of courts, and the Federal and State Constitutions; the second volume to con- , tain the penal laws, and the laws of procedure in criminal cases together with the laws governing the working and control of convicts, the laws pertaining to the public defense, and the pension laws.
We, therefore, certify that we have carefully examined a new Code of Georgia~ codified by Hon. John L. Hopkins, and are satisfied that said Code embraces all the general laws of a permanent nature in tbe present three volumes of the Code of 1895,

WEDNESDAY, JuNE 22, 1910.

99

not repealed and still of force, together with all the general Acts and amendments of a permanent nature since enacted, including the Acts of the session of the General Assembly of 1909 properly arranged and with the sections properly numbered, and all appropriate marginal references to Acts, decisions and .cognate sections, and the Constitution of the United States, and of the State of Georgia, and all amendments thereto, the rules of the Supreme Court, the Court of Appeals, and the Superior Court, with a complete index to said Code.; and we hereby deliver said Code with this report to Your Excellency.
Atlanta, Ga., June 15th, 1910 H. A. MATH~s, W. H. BuRWELL,
Commissioners on the pa.rt of the Senate.
w. F. BROWN,
A. A. LAWRENCE, W. R. Jones, Commissioners on the part of the House of Repr_esentatives.

Upon motion the Senate adjourned until tomorrow morning at 10 o'clock.

100

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,

THURSDAY, JUNE 23, 1910.

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

Prayer was offered by the Chaplain.

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

Akin Bowen



Burwell

Blackwell

Burch

Callaway of lOth

Callaway of 29th

Callioun

Cates

Conley

Day

Oordy

Griffith

Harben

Irwin .Johnson Jackson Kemp King Longley Mays Morris Mathews McLean McDowell McCurry McWilliams McCollum

1\fcCiure Patterson Price Pitts Rutherford Rudicil Slater Sellers Stevens Thompson Ward Womble \\' ood Mr. President

Those absent were Messrs:

Harrell

Murray

The Journal of yesterday was read and approved.

The following Committee appointments were made.:

THURSDAY, JUNE 23, 1910.

101

Senator Thompson: Chairman. Constitutional Amendments Committee, Education and Public Schools, Agriculture, General Judiciary Committee, University of Georgia, Penitentiary, Temperance, Manufactures, Public Buildings.
Senator Burch: Corporations, Counties and County Matters, Education and Public Schools, Journals, Public Library, General Judiciary Committee, Penitentiary, Public Roads, State Sanitarmm.

The following resolution was read and adopted:

By Mr.. Gordy-
A resolution directing the keeper of public buildings to return certain furniture to the Senate Chamber.

The following House bills were read first time:
By Mr. GriffinA bill to amend the Act incorporating the town of
Lester in Sumter county.

Referred to. the Special Judiciary Committee.

102

JoURNAl, OF THE SENATE.

By Messrs. Brinson and ParkerA bill to amend Section 671, Vol. 3, of the Code. Referred to the General Judiciary Committee.

By Mr. Kendrick-
A bill to prevent the mending or keeping of tools for safe cracking.
Referred to the General Judiciary Committee.

ATLANTA, GEORGIA, JUNE 22, 1910.
The following message was received from His Excellency, the Governor, through his Secretary, Mr. Blackburn:
Mr. President:
I am directed by His Excellency, the Governo~, to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.
By unanimous consent the following House bill was read seccnd time:

THURSDAY, JUNE 23, 1910.

103

By Mr. McMahan-

J,

A bill to put in force the Constitutional amendment ratified at the election in 1908, providing for
the payment of pensions to the widows of ex-Con-
f~derate soldiers.

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

By Mr. Gordy-

.' r

A bill to make the wife or husband a competent witness in case of bigamy.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 39, nays 0. The bill having received the requisite Constitutional majority, was passed.

The following Senate bills were read first time:

By Mr. Irwin-
A bill to prescribe the time when judgments and attachments shall become liens as against innocent purchasers.
Referred to the General Judiciary Committee.

104

JoURNAL OF THE SENATE.

By Mr. Irwin-
',A hill to create and establish a City Court. for the city of Cuthbert.
Referred to the Special Judiciary Committee~

~y Mr. Irwin-
A bill to prescribe the time when suits, actions in counties other than defendant's residence shall become binding upon third parties.
Referred to the General Judiciary Committ~e.

By Mr. Sellers-
A bill to amend the Act to annually collect a tax for the support of State government, so far as the same relates to the tax on dogs.
Referred to the General Judiciary Committee.
By unanimous consent the following Senate bills were withdrawn by their author:
By Mr. Morris-
A bill to authorize the city council of Augusta to .acquire by condemnation or otherwise the proceedings fee simple to any real property in the city of Augusta for the purpose of laying water mains.

THURSDAY, JUNE 23, 1910.

105

By Mr. Ward-
A bill to require all railroads in this State to fence their road beds.
At 10:30 o'clock the Senate went into executive sesswn.
On motion the Senate adjourned until tomorrow morning at 10 o'clock.

106

JouRNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
.,-:r:
FRIDAY, JuNE 24, 1910.

Th~ Senate met pursuant to adjournment at 10 o'clock, was called to order by the President.
Prayer was offered by the Chaplain.

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

Akin Row.en Burw.ell Blackwell Burch Callaw.ay of lOth Callaw.ay of 29th Calhoun Cates Conley Day Gordy Griffith Harben

Irwin Johnson Jackson Kemp King Longley Mays Morris Mathew.s McLean McDow.ell McCurry McWilliams McCollum

McClure Patterson Price Pitt!! Rutherford RudicH Slater Sellers Stevens Thompson Ward Womble wood Mr. President

Those absent were Messrs:

Harrell

Murray

The Journal of yesterday was read and approved.

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

FRIDAY, JuNE 24, 1910.

107

Mr. President:

The Committee on Engrossing has examined and found properly engrossed and ready for transmis- sion to the House of Representatives the following Senate bill, to-wit :

No. 128. A bill to make the wife or husband a competent witness in case of bigamy, and for other purposes.
Respectfully submitted,

L. F. PATTERSON, Chairman.

Mr. PresilJent :

Mr. Womble, Chairman, submits the following report, to-wit:

The Special Judiciary Committee having had un~ der consideration Senate bill No. 175, they instructed me as their Chairman to report the same back with the recommendation that it do pass.

Respectfully submitted,

June 24, 1910.

M. D. WOMBLE, Chairman.

Mr. Griffith, Chairman of the Special Committee of two from the Senate and three from the House appointed to rearrange the Judicial Circuits of the State, submitted the following report:

108

JoURNAL OF THE SENATE.

To the General Assembly of Georgia:
!,;Your Committee appointed at the last session of the Gen~ral Assembly to re-arrange the judicial circuit~. of the State of Georgia, and to equalize the labors of the judges thereof, met at the Capitol in Atlanta on .May 23, 1910, and organized with Hon. E. S. Griffith, chairman of the Senate committee presiding, and Hon. J. E. Burch as secretary. Your Committee remained in session the 23d and 24th of May arranging proper maps and getting ready for a complete investigation when, on account of an inability to obtain the necessary information from the various counties and circuits of the State it was found necessary to take a recess until Monday, June 13th, when it re-assembled at the Capitol in Atlanta and resumed their work.
Your Committee found it very diffi~ult to obtain the necessary information for the work in hand, and after consulting on the 23d and 24th of May it was deCided by the Committee to adjourn until the 13th of June, and in the meantime to write to the judges of the various circuits .and the clerks of the Superior Courts of the State and ascertain as far as possible the situation in the various judicial circuits and the various counties of the State. The Committee found that it was very much handicapped in ascertaining the desired information from the fact that they had no authority whatever to compel the at-
IJ :i
tendance of witnesses or compel any one to furnish information. Many of the clerks failed to answer

FRIDAY, JUNE 24, 1910.

109

the letters of the Committee. Several of the judges answered by written communication and some of
. t. hem appeared before the Committee, and some of them have not responded at all, but after getting what information we could procure from all sources we proceeded to do the work the very best we could under the circums~ances, and we believe that the plan herein submitted of the re-arrangement of the judicial circuits will be of great benefit to the State.
After selecting Mr. C. B. Weatherly as stenographer and hearing such reports as had been received from the various judges and clerks of the Superior Courts of the several circuits and counties, we proceeded to discharge the duties assigned to us. We found the labors very tedious, and after a most careful hearing of such evidence as we could obtain and the closest investigation of the interests of the several circuits and people we hereby recon...mend the following re-arrangement of the judicial circuits of the State, and we further recommend that the circuits of the State be hereafter designated in numerical order instead of in the manner heretofore of force in this State.
We hereby recommend that the 1st judicial circuit be composed of the county of Chatham.
. That the 2d judicial circuit be composed of the counties of Effingham, Bullock, Tattnall, Toombs, Liberty and Bryan.

110

JouRNAL oF THE SENATE.

That the 3d judicial circuit be composed of the colinties of Mcintosh, Wayne, Appling, Jeff Davis, Camden and Glynn:
That the 4th judicial circuit be composed of the counties of Coffee, Clynch, Echols, "\Vare, Pierce and Cha:rlton.
That the 5th judicial circuit be composed of the counties of Tift, Berrien, Colquit, Thomas, Brooks and Lowndes.
That the 6th judicial circuit be composed of the counties of Decatur, Grady, Miller, Baker, Mitchell, Dougherty and Worth.
T'hat the 7th judicial circuit be composed of the counties of Early, Clay, Quitman, Randolph, Calhoun, Terrell and Lee.
That the 8th judicial circuit- be composed of the counties of Dooly, Crisp, Wilcox, Turner, Ben Hill and Irwin.
That the 9th judicial circuit be composed of the counties of Twiggs, Pulaski, Laurens, Dodge, Telfair and Montgomery.
That the 10th judicial circuit be composed of the counties of Washington, Johnson, Emanuel, Jenkins, Screven and Jefferson.

FRIDAY, JuNE 24, 1910.

111

That the 11th judicial circuit be composed of the counties of Burke and Richmond.
That the 12th judicial circuit be composed of the counties of Jones, Wilkinson, Baldwin, Hancock, Putnam, Jasper, Morgan and Greene.
That the 13th judicial circuit be composed of the counties of Bibb, Crawfordand Houston.
That the 14th judicial circuit be composed of the counties of Stewart, Webster, Sumter, Schley, Macon and Chattahoochee.
That -the 15th judicial ciri?uit be composed of the counties of Muscogee, Marion, Talbot and Taylor.
That the 16th judicial circuit be composed of the counties of Harris, Troupe, Meriwether, Heard and Coweta.
That the 17th judicialcircuit be composed of the counties of Upson, Monroe, Pike, Butts, Spalding, Fayette and Henry.
That the 18th judicial circuit be composed of the counties of Gwinnett, Walton, Oconee, Clarke, and Jachon.
That the 19th judicial circuit be composed of the counties of Glascock, Warren, McDuffie, Columbia, Lincoln, Wilkes and Taliaferro.

112

JouRNAL oF .rHE SENATE.

That the 20th judicial circuit be composed of the counties of Oglethorpe, Madison, Elbert, Hart, Franklin and Banks.

That the 21st judicial circuit be composed of the counties of Hall, Union, Dawson, Lumpki~, White, Habersham, Rabun, Towns and Stephens.

That the 22d judicial circuit be composed of tho 'counties of Cobb, Milton, Cherokee, Pickens, Gilmer, Fannin and Forsyth.

That the 23d judicial circuit be composed of the counties of Bartow, Gordon, Murray, Whitfield, Catoosa and Dade.

That the 24th judicial circuit be composed of the counties of Floyd, Chattooga and vValker.

That the 25th judicial circuit be composed of the counties of Carroll, Douglas, Haralson, Paulding and Polk.

That the 26th judicial circuit be composed of the county of Fulton.

1'hat the 27th judicial circuit be composed of the

counties of Campbell, Clayton, . DeKalb, Rockdale

and Newton.



Your committee believes that this arrangement of the judicial circuits will be of great benefit to the public service and will largely equalize the labors of

FRIDAY, JUNE 24, 1910.

113

the respective presiding judges and inure to the convenience of the citizens thereof, this being the object with which we have entered, upon the discharge of our labors. These circuits as suggested being compactly arranged will make it more convenient for the trial judges to appear in each county to hear any motions at chambers that may be pending, in the presence of 'the parties litigant, if the Legislature should so determine, and which we earnestly recommend that the Legislature will provide for, the judge so traveling being paid his actual expenses to and from the county of his residence, except where such are heard in connection with the discharge of the duties of a regular session of the court.
In seeking to carry out the purpose for which the Committee was appointed we have found it necessary to recommend the creation of a new judicial circuit known as No. 19 as hereinbefore named, composed of the counties of Glascock, Wilkes, Warren, McDuffie, Columbia, Lincoln and Taliaferro.
Your Committee shows that it was necessary to have prepared a map showing the judicial circuits of Georgia as they now exist. When the map referred to was made we had some blue prints prepared and have prepared and submit herewith a map showing the judicial circuits numerica1ly numbered as prepared and recommended by the Committee.

114

JouRNAL oF THE SENATE.

We also submit herewith a map showing the judicial circuits as they now exist.
Your committee in pursuance of the recommendations herein made have prepared and. submit herewith to the Legislature a bill carrying into effect the recommendations herein made.
Your Committee further recommends four terms of the Superior Court in each county and the abolition of all City Courts, believing that it would be to the best interest of the State and that the courts can be more economically administered in this way.
Respectfully submitted,
E. S. GRIFFITH, Chairman, JULIAN McCuRRY, . Committee on part of Senate.
J. E. BuRcH, R. H. BAKER, R. H. LEWIS,
Committee on part of House.
Recommendation as to abolition of City Courts dissented to by Lewis, of Hancock.
E. S. GRIFFITH, Chairman,
On the part of the Senate.

FRIDAY, JUNE 24, 1910.

115

The following Senate bills were read first time:

By Mr. Calhoun-
A bill to incorporate the town of Uvalda, in the county of Montgomery.
Referred to the Corporations Committee.

By Mr. Longley-
A bill to make it a misdemeanor for any person to be found in possession of a pistol without first obtaining license from Ordinary.
Referred to the General Judiciary Committee.
By Messrs. McCurry and Griffith-
A bill to provide for the rearrangement of the Judicial Circuits of this State.
Referred to the General Judiciary Committee.

By Mr. Kemp-
A bill to provide for a two weeks' session of the Superior Court of Emanuel county.
Referred to the General Judiciary Committee. By unanimous consent the following Senate bill

116

JouRNAL oF THE SENATE.

was recommitted to Committee on Counties and County Matters :

By Mr. J obnson-
A bill to amend the Constitution of Georgia ~y repealing Paragraph 1, Section 9, of the Constitution.
The following r.esolution was read and adopted:

By Mr. Irwin---'-
Resolved, That the sympathies of the Senate be extended Senator Murray on account of his serious illness.
On motion the Senate adjourned until Monday morning at 10 o'clock.

MoNDAY, JuNE 27, 1910.

117

SENATE CHAMBER, ATLANTA, GEORGIA,

MoNDAY, June 27, 1no.

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

Prayer was offered by the Chaplain.

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

Akin
Bowen Burwell Blackwell
Burch Call.away of lOth Gallaway of 29th Calhoun
Cates Conley Day
Gordy
Griffith Harrell Jlarben

Irwin Johnson Jackson Kemp King Longley Mays
Morris
Mathews McLean McDowell McCurry McWilliams McCollum McClure

Patterson Price Pitts Rutherford
Rndieii
Slater Sellers Stevens Thompson Ward \Yomble Wood Mr. President

The Journal of Friday was read and approved.

By unanimous consent the following Senate bill was withdrawn from the Committee on County and County Matters and referred to' the Committee on Constitutional Amendments.

118

JOURNAL OF THE SENATE.

By Mr. Johnson-
A bill to amend the Constitution of the State of Georgia by repealing paragraph 1, section 9 of Article III.
The following Senate bills were read first time:

By Mr. Mathews-
A bill to repeal an Act entitled an Act' to provide for the election of County School Commissioners by the people.
Referred to the Education Committee.

By Mr. Irwin-
A bill to amend an Act entitled an Act to provide for the acceptance by the State of Georgia of the property known as the Confederate Soldiers' Home.
Referred to the Pension Committee.

By Mr. Howell-

A bill to be entitled an Act to prohibit the shooting at, toward and into any occupied dwelling houses in this State.
Referred to the General Judiciary Committee.

MoNDAY, JUNE 27, 1910.

119

By Mr. Thompson-
A bill to authorize the Chairman of the Board of Trustees of the University of Georgia to designate and appoint not exceeding 3 members from said Board of Trustees upon each of the branch colleges of the University of Georgia.
Referred to the University of Georgia Committee.

By Mr. Thompson-
A bill to make the President of the Board of Trustees of the State Normal School, ex-officio a member of the Board of Trustees of the University of Georgia.
Referred to the University of Georgia Committee.

The following resolutions were read and adopted:

By Mr. Longly-
Resolved, That the Senate l~arns with deep regret of the death of Honorable W. D. Murray of the 13th Senatorial district, a member of this body, and extend to his family and relatives the sympathy of the State Senate and that a committee of three from the Senate be appointed to draft and report to this body a suitable memorial of the diseased.

120

JOURNAL OF THE SENATE.

By Mr. Burch-
}Vbereas, Since the adjournment of the Senate in 1909, Hon. JesseS. Ward, Jr., Senator of the 7th district, has been claimed by the grim reaper, Death,
Resolved, That a committee of three be appointe~l to prepare and report to the Senate an appropriate memorial of the deceased.

By Mr. Mathews-
A Resolution, Providing for the publishing of a weekly calendar of the unfinished business of the Senate.
The following Senate bills were read third time and put upon their passage.

By Mr. Irwin-
A bill to require all County Commissioner; and Ordinaries to pay cost to officers in certain cases.
Report of the Committee was agreed to. Upon passage of this bill the ayes were 25, nays 0, the bill having received the requisite constitutional majority was passed.

By Mr. King-
A resolution to authorize the State Librarian to

MoNDAY, JVNE 27, 1910.

121

furnish the various Acts of General Assemb]y and reports of the Superior Court to the various Counties of this Stat.e.
Report of the Committee was agreed to.
Upon the passage of the resolution the ayes were 27,nays 0; the bill having received the requisite Constitutional majority, was adopted.

By Mr. Griffith-
A bill to amend Section 2766 of the Code. Report of the Committee was disagreed to and bill lost.

By Mr. Jackson-

Now that the Senate adjourns and upon this motion the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs:

Jackson

Mathews

McClure

Those voting in the negative were Messrs:

Bowen Burwell Callaway of 29th Calhoun ('ates Conley

Day Gordy Griffith Harrell Harben Irwin

.:ohnson Kemp King Longley Mays Morris

122

JoURNAL OF THE SENATE.

McLean McDowell McCurry McWilliams McCollum

Price Pitts Rutherford Hnnic1l Sellers

Stevens Womble Wood

Those not voting were Messrs:

Akin Blackwell Burch

Callaway of lOth Patterson Slater

Thompson ward Mr. President

Ayes, 3; Nays, 31.

The motion was lost.

Senate bill No. 63 was tabled on motion of Senator Gordy. Senate bill No. 71 was tabled.

By Mr. Mathews-
A bill to provide for the regular exchange of certain documents in this State.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23, nays 0, the bill having received the requisite constitutional majority, was passed.

By Mr. Longley-
A bill to define the right of Orphans' homes arid Asyiums and for other purposes.

MoNDAY, JuNE 27, 1910.

123

Report of the Committee was agreed to.
.Upon the passage of the bill the ayes were 32, nays 0, the bill having received the requisite constitutional majority, was passed.
Senate bill No. 74 was tabled.
By unanimous consent Senate bill was taken from the table and recommitted to Constitutional Amendments Committee.

By Mr. Pitts-
A bill to amend Section 4732 of the Code relative to Garnishments laws of Georgia.
Report of the Com~ittee was agreed to.
Upon the passage of the bill the ayes were 23, nays 0; the bill having received the requisite constitutional majority was passed.
Senate bill No. 108 was recommitted to the General Judiciary Committee.

By Mr. King-
A bill to provide for the transfer of registered maps of municipalities.
Report of the Committee was agreed to.

124

JouRNAL OF THTI SENATE.

Upon the passage of bill the ayes were 26, nays 6; the bill having received the requisite constitutional majority was passed.
On motion the Senate adjourned until tomorrow morning at 10 o'clock.

TuEsDAY, JuNE 28, 1910.

125

SENATE CHAMBER, ATLANTA, GEORGIA,

TUESDAY, June 28th, 1910.

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

Prayer was offered by the Chaplain.

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

Aiken Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Conley Day Gordy Griffith Harrell

Harben Irwin .Tohnson Kemp King J,ongley Mays Morris Mathews McLean McDowell McCurry McWil'liams McCollum

McClure Patterson Price Pitts Rutherford Hudicil Slater Sellers Stevens Thompson Wiard Womble Wood Mr. President

Those absent were Messrs:

I

Jackson

The Journal of yesterday was read and approved.

Notice was give~ that at the proper time, a motion would be made to reconsider the action of the

126

JouRNAL oF THE SENATE.

Senate in passing Senate bill No. 110 and 80 on yesterday.

The following Committee was appointed to prepare appropriate resolution on death of Senator Murray.

Senators Mathews, Womble and Wood.

The following Committee was appointed to prepare appropriate resolution on the death of Senator Ward, of 7th:

Senators Burch, McCurry and Rutherford.

Mr. Howell moved to reconsider the action of the Senate in passing the following Senate bill on yesterday.

By Mr. Pitts-

A bill to amend Section 4732 of the Code relative to Garnishment laws of Georgia.

Upon this motion the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs:

Akin Blackwell Cates Griffith Harrell Irwin

Johnson Kemp King Mays Mathews McCurry

Sellers Stevens Thompson Ward Womble

TuEsDAY, JuNE 28, 1910.

127

Those voting in the negative wece Messrs:

Bowen Burch Cal'l.away of lOth Callaway of 29th Calhoun

Conley Day Harben MeLean McDow.ell

McWilliams McClure Pitts Rudicil
\\r<lod -

Those not voting were Messrs :

Burwell Gordy Jackson Longley

Morris McCollum Patterson Price

Rutherford Slater Mr. President

Ayes, 17; Nays, 15.

The motion prevailed.

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

M 1. President:
The House has passed by the requisite constitutional majority the following bills of the House to-wit:
A bill to provide for the establishing of certificates of stock of banks or private corporations in lieu of lost certificates and for other purposes.
A bill .to create a Board of Commissioners of Roads and Revenues for Clayton county and for other purposes.

128

JOURNAL OF THE SENATE.

The H<?use has also passed by the requisite constitutional majority the following resolution of the House, to-wit:

A resolution to refund a certain amount of money

to H. Yarbrough.



By unanimous consent the following Senate bill was reconsidered, which was passsed on yesterday and recommitted to General Judiciary Committee.

'By Mr. King-
A bill to provide for registered maps of municipalities in this State.
The following unfinished business was taken up which is a bill being read third time, to be put upon its passage:

By Mr. Harrell-
A bill for the relief of prisoners in jail awaiting trial.
On motion this bill was recommitted to the General Judiciary Committee with instructions to report same back as early as practicable.
Mr. Irwin, chairman of the Committee on Corp~ra tions, submitted the following report:

TuEsDAY, Ju:!'lTE 28, 1910.

129

Mr. President:
The Committee on Corporations has ~ad under consideration the following bills of the Senate, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
164. A bill to amend an Act to incorporate the town of East Ellijay in the county of Gilmer.
174. A bill to incorporate the town of Jasper in the county of Pickens.
Respectfully submitted,
JNo. R. IRWIN, Chairman.

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

Mr. Presiden-t:
The Committee on Corporations has had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
186. A bill to incorporate th~ town of Uvalda, in the county of Montgomery.
Respectfully submitted,
J NO. R. IRwiN, Chairman.

130

JOURNAL OF THE SENATE.

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

Mr. President :

The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House of Representatives the following Resolution, to-wit:
26. A resolution to authorize the State Librarian to furnish the various Acts of the General Assembly and all reports of the Supreme and Appellate Courts to the various new counties.
The Committee has examined and found properly engrossed and ready for transmission to the House of Representatives, the following bills of the Senate, to-wit:
72. A bill to define the rights of Orphans' Homes and Asylums or other benevolent institutions of this State.
Also,
157. A bill to r.equire County Commissioners, and Ordinary, or other authorities having charge of public roads to pay costs to officers.
Also,

TuESDAY, JuNE 28, 1910.

131

70. A bill to provide for the regular exchange between Georgia and other States of State documents.
Respectfully submitted,
G. Y. HARRELL, Acting Chairman.

Mr. Burwell, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:

The Committee on Appropriations has had under consideration the following House Bill, which I am instruded to report back to the Senate with the recommendation that the same do pass, as amended, to-wit:
358. A bill to put in force the Constitutional amendment ratified in 1908, providing for the payment of Pensions to the widows of ex-Confederate soldiers, and for other purposes.
Respectfully submitted,
BuRwELL, Chairman.

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

13~

JOURNAL OF THE- SENATE.

Mr. President:

The General Judiciary Committee has had under consideration the following Bill of the Senate, which it instructs me to report back with the recommendation that the same do pass as amended.
No. 170. A bill to regulate the running of Automobile~ in this State.
Respectfully submitted,
H. A. MATHEws, Chairman.

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

Mr. Preside,nt:

The General Judiciary Committee has had under consideration the following Senate Bills, which I am instructed to report back to the Senate, with the recommendation that the same do pass:
No. 107. A bill to prohibit prize fighting in this State.
No. 172. Also, a bill to repeal Paragraph 52 of Section 2 of an Act entitled an Act to levy a tax on dogs.

rrUESDAY, JUNE 28, 1910.

133

No. 180. Also, a bill to change the time of holding .Superior Court of Hart county.
The Committee also recommends that the following bills do pass as amended:
No. 177. A bill to amend Section 341, relative to carrying concealed weapons.
No. 188. Also a bill to require all persons to obtain license to carry concealed weapons.
The Committee also recommends that the following bill do pass by substitute.
No. 173. A bill to be entitled an Act to regulate the granting of new trials.
Respectfully submitted,
H. A. MATHEws, Chairman.

The following House bills were read first time:

By Mr. Vinson-
A bill to provide for the establishment of certificates of stock in banks and other private corporations.
Referred to the Bank~ Committee.

134:

JoURNAl, OF THE SENATE.

By Mr. Calbeck-
A resolution to refund to H. Yarbrough certain money arising from the sale of wild land.
Referred to the Appropriation Committee.

By Mr. Huie-
A bill to create a Board of County Commissioners of Clayton County.
Referred to the Counties and County Matters Committee.
The following Senate bills were read second time: .

By Mr. Mathews-
A bill to prohibit prize fighting in the State of Georgia.

By Mr. Day-
A bill to amend the act incorporating the town of East Ellijay in Gilmer county.

ByMr.Day-
A bill to repeal Paragraph 52 of Section 2 of the Act to levy and collect a tax for the support of the

TuESDAY, JuNE 28, 1910.

135

State Government so far as the same relates to tax on dogs.

By Mr. Calhoun-
A bill to incorporate the town of Uvalda in Montgomery county.

By Mr. McCurryA bill to amend Section 341 of the Code.

By Mr. McCurry-
A bill to change the time of holding the Supreme Court in Hart county.

By Mr. Calloway of 29th District-
A bill to amend the Act to establish the City Court of Washington.
By Mr. SlatonA bill to regulate the running of Automobiles in
this State.
By Mr. DayA bill to incorporate the town of Jasper in Pick-
ins county.

136

JOURNAL OF THE SENATE.

By Mr. Longley-
A bill to require all persons to obtain license before carrying concealed weapons in this State.

By Mr. Slaton-
A bill to regulate the granting of new trials in this State.
The following Senate bills were read first time.

By Mr. Slaton_,.
A bill to provide the salary of the State School Commissioner.
Referred to Education Committee.

By Messrs. Pitts and Irwin-
A bill to fix fees to be paid local fire and storm Insurance Companies doing business in four counties of this State.
Referred to the Appropriation Committee.

By Messrs. Gordy, Harrell and Womble-
A bill to fix the salaries of the Solicitors-Generals of the Several Judicial Circuits of this State.

'fUESDAY, JUNE 28, 1910.

137

Referred to the Special Judiciary Committee.

By Messrs. Mathews and Akin-
A bill to provide for State and County boards of tax returns.
Referred to the Finance Committee.
By unanimous consent the following House bill was taken up, read third time and put upon its passage:

By Mr. McMahan-

A bill to put in force the Constitutional amendment ratified at the election in 1908 providing for the payment of Pensions to widows of Confederate veterans.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative w.ere Messrs:

Bt.wen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun

Cates Conley Day Gordy Griffith Harrell Harben

Irwin Johnson Kemp King Longley Mays Mathews

138

JOURNAL OF TH1~ SENATE.

l\fcLean l\fcDowell McCurry McWilliams McCollum

l\fcClure Price Pitts Rudicil Scllers

Sievens Thompson Ward Womble Wood

Those not voting were Messrs :

Akin Jackson Morris

Patterson Rutherford Sjater

1\Ir. President

Ayes, 36; Nays, 0.

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

Amend 1st Section at the end of 13th line after the word State and before the word of in the 12th line by adding the following, which was omitted in copy of the Bill:

"On 4th day of November, 1908, the total value of whose property."

Amend Section 3rd Words ''of all the property of" in 3rd line of Section 3 between the words "of" and ''all'' be stricken.

Amend Section 5. Substitute words "of the" for word "and" in the 17th line of Section 5.

Amend Section 12. In fourth line of Section 12, substitute figures "1911" for figures "1910."

TuESDAY, JuNE 2~/ 1910.

139

Amend Section 4. Strike all words between the word "evidence" at end of 4th line and the word "of" in the 6th line.
The following resolution was read first time:

By Mr. Sellers-
A resolution that a proposal be submitted to the Federal Government to the effect that a convention be called for the purpose of revising the Constitution of the United States.
Referred to the General Judiciary Committee.
On motion, Sena'te bills Nos. 123 and 120 was tabled.
The following Senate bills were read third time and put upon their passage:

By Mr. Womble-
A bill to regulate and limit mortgage fifas to seven years and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23, nays 0; the bill having received the requisite constitutional m~jority was passed.

140

JOURNAL OF THE SENATE.

By Mr. Bowen-
A bill to amend an Act to provide for the establishment and maintenance of Schools of Agriculture in this State.
Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nay9 were ordered and the vote is as follows:

Those voting in the affirmative were Messrs:

.Bowen Burch Conley

Harben Mays Rudicil

Stevens Womble Wood

Those voting in the negative were Messrs:

Akin Blackwell Callaway of lOth Callaway of 29th Calhoun Cates Day Gordy

Griffith Harrell Irwin .Tc.hnson Kemp Longley Morris Mathews

McLean McCurry McWilliams McCollum Price Pitts Sellers 'l'hompson

Those not voting were Messrs~

Burwell Jackson King .1\IeDowell

McClure Patterson Hutherford Slater

Ward Mr. President

Ayes, 9 ; Nays 24.

TuESDAY, JUNE 28, 1910.

141

The bill not having received the requisite Constitutional majority, was lost.

By Mr. Burwell-

A bill to amend an Act which provides the oath subscribed to by the Railroad Commissions of Georgta.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 24, nays 0; the bill having received the requisite Con.stitutional majority was passed.

By Mr. Womble-

A bill to amend Section 26i5 of the Code which provides for the hours of labor in Cotton and woolen mills.

Upon agreeing to the report of the Committee, the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs:

Burch

Irwin

Womble

Those voting in the negative were Messrs:

Akin Bowen

Burwell Blackwell

CalLaway of lOth Callaway of 29th

142

JoURNAL OF THE SENATE.

Calhoun Conley Day Gordy Griffith Kemp King Longley

Morris Mathews McLean Jl.fcDowell McWilliams McCollum McClure Price

Pitts Rutherford Rudicil Sellers Stevens Thompson Ward Wood

Those not voting were Messrs:

Cates Harrell Harben Johnson

Jackson Mays McCurry Patterson

Ayes, 3 ; Nays, 29.

s:ater Mr. President

The report of the Committee was disagreed to and the bill was lost.

Senate bills Nos. 130, 133, 136 was tabled.

The following petition was read:

RESOLUTION.
The following resolution was passed unanimously, / July 6th, 1910, by Democratic Executive Committee of Fulton county:
"Whereas, the burdens of government fall heavily upon the smaller taxpayer because there is no tax levied upon great incomes derived from surplus wealth or ~verpaid positions, and

TUESDAY, JUNE 28, 1910.

143

''Whereas, a proper income tax would serve to supply the needed money for government purposes, to a very large extent and thus reduce the taxes which, directly or indirectly, fall heavily upon a great mass of the people.
''Therefore, be it reeolved by the Democratic E:xecutive Com:t:nittee of Fulton County as follows:
''1st. That we heartily approve the system of income taxation, both state and national.
''2nd. That we recommend to the General Assembly of Georgia the adoption of the legislation recently submitted to them for approval which seems to have been pigeonholed without receiving the consideration which it demands.
"3rd. That our Representatives m the Ge?eral Assembly call for the consideration of this legislation and urge its passage upon the General Assembly at the approaching session."

Salaries or Fees for State and County Officials.
Also a Resolution requiring the Sub-committee to place on official ballot ''For Salary System'' and for "Fee System," thereby allowing the' people to vote on this question on August 23, 1910.
On motion the Senate adjourned.

144

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,

WEDNESDAY, June 29, 1910.

The Senate met pursuant to adjournment at 10 o'clock, wa~ 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 :

Aiken Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Conley Day Gordy Griffith Harrell

Harben Irwin Johnson Kemp King Longley Mays Morris Mathews McLean McDowell McCurry McWilliams McCollum

McClure Patterson Price Pitts Rutherford Rudicil Slater Sellers Stevens Thompson Ward Womble Wood Mr. President

Those absent were Messrs:

Jackson

The Journal of yesterday was read and approved.

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

WEDNESDAY, JUNE 29, 1910.

145

Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the House, towit:
A. bill to regulate pleadings in regard to the manner in which negligence may be alleged in certain cases .
.A bill to prohibit the carrying of pistols, except under certain conditions.
A bill to require certain duties of the Railroad Commissioners pertaining to theWestern and Atlantic Railroad.
The House has also passed by the requisite Constitutional majority the fo1lowing resolution of the House:
A resolution providing for the payment of per diem and expenses of members of certain Standing and Special Committees.
Mr. Longley gave notice that at the proper time he would move to reconsider the action of the Senate in defeating Senate Bill No. 143 on yesterday.
Mr. Longley moved to reconsider the action of the Senate .in defeating the following Senate bill on yesterday.

146

JOURNAL OJ<' THE SENATE.

By Mr. Womble-

A bill to amend Section 2615 of the Code of Georgia providing the hours of labor in cotton mills.
Upon this motion the 'ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Calhoun Cates Gordy Irwin .Johnson Kemp

King Longley McLean McCurry Rutherford Rudicil

Slater Sellers Womble \\'ood

Those voting in the negative were Messrs:

Akin Bowen Burwell Blackwell Caliaway of 1Oth Callaway of 29th Day

Griffith Harrell Mays Morris Mathew!! McDowell McWilliams

McCollum McClure Price Pitts Stevens

Those not voting wer~ Messrs:

Burch Conley Harben

.Jackson Patterson Thompson

\Vard Mr. President

Ayes, 16; Nays, 19.

T'he motion was defeated.

WEDNESDAY, JuNE 29, 1910.

147

ATLANTA, GEORGIA, JUNE 29, 1910.
The following message was received from His Excellency, the Governor, through his Secretary, l\fr. Blackburn:

Mr. President:

I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication to which he respectfully invites the consideration of your honorable body in executive session.
l\fr. Stevens, Chairman of the Committee on University of Georgia, submitted the following report:

Mr. President:
The Committee on University of Georgia has had under consideration the following Senate bills which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to authorize the Chairman of the Board of Trustees of the Unive~sity of Georgia to designate and appoint not exceeding three members from said Board upon each of the branch colleges of the University.
Also a bill to make the President of the Board of Trustees of the State Normal School ex-officio n

148

JOURNAL OF THE SENATE.

member of the Board of Trustees of the University of Georgia.
Respectfully submitted,
C. 0. STEVENs, Chairman.

Mr. Cates, Acting Chairman of the Committee on Engrossing, submitted the following rep.ort:

Mr. President :

The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House of Representatives the following bills of the Senate, to-wit:
A bill to regulate and limit mortgage fi fas to seven years.
A bill to amend an Act approved August 23, 1907, relative to the Railroad Commission.
Respectfully submitted,
F. M. CATEs, Acting Chairman.

Mr. Callaway, Chairman of the Committee on County and County Matters, submits the following report:

WEDNESDAY, JUNE 29, 1910. .

149

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the House and instruct me as their Chairman to recommend the same back to the Senate with the recommendation that it do pass, to-wit:
A bill to be entitled an Act to create a Board of Commi"ssions of Roads and Revenue for Clayton
I
county, and for other purposes. R. D. CALLOWAY.
ATLANTA, GEORGIA, JUNE 29, 19~0.
The following message was received from His Excellency, the Governor, through liis Secretary, Mr. Blackburn:
Mr. President:
I am directed by His Excellency, the Governor, to. deliver to the General Assembly a communication in writing.
Mr. McWilliams, Chairman of the Committee of Education, submits the following report:
Mr. PresidJent:
Your Committee on Education has had under consideration the following bills, to-wit: and instruct

150

JouRNAL oF TB."!!) SENATE.

me as their Chairman to report the same back to the Senate with the recommendation that they do not pass:
A bill to be entitled an Act amending an Act to provide for the election of County School Commissioners.
A hill to he entitled an Act to encourage education by requiring parents and guardians and others standing in parental relation to send children of certain age to school.
A hill to be entitled an Act to require faithful performance of duty by teachers in the public schools of the State.
S.C. McWILLIAMs, Chairman.
Mr. Mathews, Chairman of the General Judiciary Committee, submits the following report:

Mr. President:
The General Judiciary Committee has had under consideration the following hills of the Senate which it instructs me to report back with the recommendation that the same do pass.
A bill to be entitled an Act to provide for control of cemeteries, etc., outside incorporated towns, and for other purposes.
A hill to repeal an Act entitled an Act to amend Section 3667 of the Code of Georgia of 1895.

WEDNESDAY, JuNE 29, 1910.

151

The Committee also recommends that the following bills do not pass :
A bill to make it illegal for a judge of any Court of Record who has authority to grant new trials to express any opinion as to correctness of verdict in certain cases.
A bill to be entitled an Act to fix the salaries of the judges of the Court of Appeals, and other purposes.
The Committee also recommends that the author be ,allowed to withdraw the following bill:
A bill to be ~ntitled an Act to repeal an Act entitled, ''An Act to provide for the change of the county lines lying within its limits of incorporated towns and cities," and fm_ other purposes. Ap- proved August 7;1906.
H. A. MATHEws, Chairman.
At 10:50 o'clock the Senate went into Executive Session.
Mr. Mathews off~rs the following resolution:
A resolution.
Resolved, That Senate Resolution No. 23 be made special order for next Tuesday immediately after the reading of the Journal.
Referred to Cororoittee on Rules.

1t->'..}..

JOURNAL OF THE SENATE.

The following communication was read from the Governor:

STATE OF GEORGIA, EXECUTIVE DEPARTMENT,
ATLANTA, GA.
To the General Assembly :

June 28, 1910.

A short ~ime after I eame into office, I employed the services of a competent and reliable firm of expert accountants to make a thorough investigation of the then condition of the State Treasury, with reference to receipts and disbursements. I herewith submit to you the report. as made to me by Alonzo Richardson & Company. (Appendix A)

On June 8, 1910, for information in the prepar~t tion of my message, I called on the State Treasurer to advise me as to the amount of unpaid appropri&tions and an estimate of the revenue to be received during the remainder of the year. I herewith submit his report as made to me. (Appendix B)

Permit me to call your attention to the fact that the Treasurer's statement estimates that on January 1, 1911, there will be unpaid balances on appropriations of the present year approximating $550,000, and that there will be in the Treasury at that time available to meet the unpaid appropriations

WEDNESDAY, JUNE 29, 1910.

153

only $490,845.82, or a deficiency of $59,154.18, with all taxes estimated to be collected during the pres- ent year expended.
These matters are submitted to you for your information and guidance in dealing with appropriations and other legislation affecting the financial condjtion of the State.
In this connection, I call your attention to the closing words of the Treasurer's statement, viz:
"Ifthe fiscal year ended June 30, instead of December 31st, a statement of the State's financial condition could be shown that would be definite and more easily understood, dealing with actual figures and not estimates."
I am in accord with the Treasurer's implied suggestion that the fiscal year should end June 30, instead of December 31. This would be more in harmony with the meetings of the General Assembly and is the date adopted by many States and by Federal government.
Respectfully submitted,
JosEPH M. BRowN,
Governor.

(Appendix A.)

1--L

STATEMENT OF TREASURER.

C)1 joJ:>..

Account

Amount Drawn Balance Undrawn E. Appro. 1910 Balance Undrawn.

Civil Estb_ -- ________________ _

$112,450.00 ____J_a_n__. _1_,_1_9_1_0___ _

$218,890.26

$106,440.26

Contingent fund- __ -_---------Geological fund_______________ _

3 ,429.83 4,375.00

6 ,436. 75 5,303.71

15,000.00 10,000.00

16,006.92 10,928.71

Solicitor General___ -----------Overpayment taxes __ ----------

12~,55253..0709---_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_ EE

5,855.00 3 ,741.29

2,900.00 ~ 2,217.50 0

Schoolfund___________________ Schoolfund___________________ Pub. records, etc______________

536,330.31

1909 553,423.21 _________________ _

418,436.10__________________

2,250,000.00

1 ,450.00

14 ,217. 59 E

6 ,016.52

c:1

17,092.19 1,831,563.90
18,784.11

~
~

Agricultural Schools____________

55,000.00

604.20 E

105,600.00

51,204.20

Printing fund __ --------------Academy Blind_______________

19,011.08

3.00

12 ,200. 00_ _______________ __

25,000.00' 23 ,000.00

5,991.92 ~ 10,800.00

Board of Health_______________

13 ,000. 00

500.00

21 ,500.00

9,000.00 ~

Colored College________________

4 ,040. 00

. 06

8 ,000. 00

3,960.06 ~

Ctg. Fd. R. R. Com____________ .

2,250.00------------------

3,000.00

750.00 t;j

Ctg. Fd. Superior Ct___________

588.77

401.06

1,200.00

1,012.29 rn.

Cattle Inspection_-------------------------------

325.00

Cont. Exp. Gen. AssemblY------------------------------------------

Dept. of Agriculture___________

13,500.00

3,000.00

500.00 125.00 21,000.00

z 825.00 t;j
125.00 10,500.00 ~

Experiment Sta_______________

229.03

450.56

800.00

1 ,021. 53 t;j

Sanitarium ____ ---------------

212,211.00

.30

424,422.00

212 ,211. 30

Ga. N. & I. College____________

21 ,320. 00 ________________ --

42 ,500. 00

21,180.00

Horticultural Fund____________ Indexing Journals_____________

11 ,07050..o0o0 _____ --- ____9_7__3_.6__6

Binding Journals __________________ ---- ____________________________

17 ,000. 00 150.00 500.00

6,973.66 75.00
500.00

Pensions______________________

939,900.50

33,499.05

940,000.00

33,598.55

Oil Inspector__________________

646. 95

. 30

1 ,200. 00

553.35

Land Script Fund_------------

3,157.07------------------

6 ,314.14

3,157.07

Insurance Fund---------------------------------

59.89_________________ _

.59.89

LibraryFund_________________ Military Fund.________________
Ptg. Geological Department_____ N. Ga. A.M. College___________ Prison Fund. _________ ---_____ Ptg. Fd. R. R. Com____________ Pub. Bldgs. & G_______________ Pub. Ga. Reports______________
Pub. Debt. Int________________ Rate Expert __ - __ c _ _ _ _ _ _ _ _ _ _ _ _

1,589.07

45.73

3,000.00

9 1868.76 575. 16

9 868.76 1 52.52

10,880.00------------------

25 000.00 1 2 1500.00
21,500.00

43 ,608. 20 -

2 ,274. 89

88 ,000.00

640.45

518.41

2,000.00

14,820.00------------------

25,000.00

6,964.16

2,899.63

10,000.00

146,533.75 70.00

25,215.15

294,695.00

770. 40_- ________________

1,456.66 25 ,000.00
1 ,977 .36 10,620.00 46 ,666.69
1,877.96
10,180.00 5,135.47
173,376.40 ~ 700 .40 t::J

Roster Fund-----------------School for DeaL_______________ School of Tech ___________._____
Soldiers Home________________ Special appropriation__________
State NormaL __ -------------State Agr'l College_____________ State University_______________
State Farmers Inst_____________ Summer SchooL_______________

1 1231.21

2,206.12

22,663.18------------------

35,200.00------------------

12,500.00------------------

2,060.00------------------ E

21,000.00------------------

30,000.00------------------

26 ,750. 00

. 02

1,250.00-----------------5 ,000. 00. ______ ______ __ __ _

1 1200.00

2,175.00 1::1

50,000.00

27,336.82 Z

70 1000.00

34,800.00 ~

25 1000.00 13,660.18

e; 12,500.00 1::1
11,600.18

42 1000.00

21 ,000.00 ~'

60,000.00

30,000.00

45 1500.00

18 ,750.02

52,,500000..o0o0__________ 1--,_2_5_0_._00_

~
<z::!
t::J

Sta. Gen Assembly_____________

146.47------------------

700.00

553.53 I-::>

Tuberculosis Sanitarium________

10,000.00

7,000.00

12,000.00

9,000.00 ~

Ctg. Fd. Ct. AP---------------------------------

751.39

1,000.00

1,751.39 ~

Library Ct. Ap________________
BindingCodes________________ Sinking Fund_________________ Reward Fund_________________

100.50

722.83

200.00------------------

88,005.00

12,505.00

1 ,045.26

2 ,850. 96

1,000.00

1,622.33 1-4

200.00.-----------------

100,000.00

24,500.00

~
1-4
'?

3 ,000.00

4 ,805. 70

PNu. bE.. PRro. pRe.rtIynsAtc_c_t_-_-_-_-_-_-_-_-_-_-_-_-- -_-- -_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_------_-----_-_-_-_-_-__-_--------_-_-----_-_-__-_------_-_-__-------------~--_-_-__----------_---_-..

1902 to 1909 inc_________________________________

28 ,087. 50._________________

28 ,087. 50

Legislative PayrolL----------------------------------------------------------------- -E- - - -67-11-0-0.2-8- - - - -67-,1-00-.2-8 1-4

$2,883,780.51

$ 714,967.65

$122,869.67

$2,954,056.81 C)l

C)l

156

JouRNAL oF THE SENATE.

Balance Cash Jan. 1, 1910_______ _ Receipts First Qtr______________ _ Receipts , ApriL _______________ _ Receipts May__________________ _
Receipts, June 8th __ -~----------

$486,157.89 2 ,258 ;737 .23
394,587.77 125,992.04 32,185.68

$3,297,660.61

Warrants drawn per schedule_____ $2,883,780.51

Less amt. reverted into Treasury since Jan.!__________________

731.12

$2,883,049.39 Cash balance June 8, 1910_______ _ 414 ,611.22

$3,297,660.61

Balance June 8, 1910-------------------------- $414 1611.22 Estimated receipts for the balance of the year,
including increase advalorem taxes, etc_________ 2,546,802.36

$2,961,403.58
Appropriations undrawn June g __ _ $2,954,056.81
Less Estimate of appropriations which will not be presented for payment by January 1, 1911_ __ _ 550,000.00

$2,404,056.81 Sinking Fund held in reserve __ -_ 100,000.00

$2,504,056.81

Amount of pensions which will revert into the Treasury_______ _

33,499.05

$2,470,557.76 Es1t,im19a1te1d) __c_a_sh__i_n__T_r_e_a_s_u_r_y__(_J_a_n_. 490,845.82

$2 ,961,403.58 $2,961,403.58

Condition of Cash June 8, 1910. Cash balance June 8, 1910_____________________ _

Advances Civil Establishment ____________ _ Expense ______________________ _
Bonds and Coupons ____________ _ Registered Interest_____________ _

$35,599.49 8.47
9,717.50 775.00

$46,100.46

$414 ,611.22
46,100.46 $368,510.76

WEDNESDAY, JUNE .29, 1910.

157

Amount Held in Reserve.

Pub. property int._ _____________ _
Outstanding bonds_; ___________ _ Coupons & Interest_ ____________ _ Sinking fund ____ -- ___________ _

$28,087.50 24,500.00 25,215.15
100,000.00

$177,802.65

$177,802.65 $109,708.11

Available cash in Treasury June 8, 1910. If all taxes due for 1910, collected and collectible, are credited, and all appropriations for 1901, paid and payable, are changed, the Treasury will have to its credit a balance January I, 1911, of over $2,000,000.00. If the fiscal year ended June 30th instead of December 31st, a statement of the State's finance could be shown that would be definite and more easily understood, dealing with actual figures and not estimates.
Respectfully submitted,
(Signed) J. P. BROWN,
State Treasurer.

(Appendix A)
REPORT OF AUDITOR.
ATLANTA, GA., October 8, 1910.
RoN. JosEPH M. BRowN, Governor, Atlan'ta, Ga.
DEAR SIR:We have examined the accounts of the Treasury
Department and office of the Comptroller-General with special reference to the State's income and the relative proportiQn of expenses as governed by legislative appropriations for the years 1908 and 1909, and desire to give you a summary of our findings.
It is well in the beginning tocall attention to the fallacy of confusing such receipts with revenue,

158

J OURNAI. OF THE SENATE.

and treating the total receipts at the Treasury during any calendar year as the revenue for that year. Statements made up on any such basis may lead legislative committees into grave error in making up appropriation sheets.
The total receipts at the Treasury during the year 1908, as shown in published statement of th department, and as verified by us in the course of our examination, aggregated $5,388,273.16, while the total revenue for the year amounted to only $4,879,860.98, a difference of $508,412.18. This total revenue includes collections during the year 1908 on account of revenue for that year, collections to June 30th, 1909, on account of revenue for 1908 and, in addition, $55,722.01, belonging in accounts of 1908, but which was still unpaid on June 30th, 1908.
During the fall of 1907 we had almost a panic, collections were slow and, as a consequence, more unpaid taxes were carried over on December 31st than were brought over from the year 1908 to January 1st, 1909, by $322,503.23.
The difference of $508,412.18, between cash receipts for 1908 and actual revenue for the year, is made up as follows:
Temporary Loan, included in receipts ___$ 50,000.00 Receipts from convict hire apportioned
to counties and riot treated as either revenue or expense_________________ 135,908.95

WEDNESDAY, JUNE 29, 1910.

159

Shrinkage in asset of uncollected taxes, as explained above __________________ 322,503.23
TotaL ______________________$508,412.18

In making up estimate of revenue for year 1909, it must be borne in mind that many items making up the grant total are subject to fluctuations that cannot be anticipated at this time and that no absolutely accurate estimate can be made; but, basing our figures on experience of former years and ~Bow ing for the probable increase or decrease in various items, we have made an estimate that in the end wi11, we believe, prove approximately correct.
We estimate revenue for yeat 1909 aL-$4,941,598.74 As against known revenue for 1908 of__ 4,879,860.98
Increase____________________$ 61,737.76
This increase of $61,737.76 is made up of anticipated gains in reve.;nue from Special Taxes, General Ad Valorem Tax, Near Beer Fees, and a number of smaller items; while we figure there will _be a decrease in some items, the only one of considerable imp~rtance being revenue from hire of convicts.
With an estimated increase- of $61,737.76 in revenue, the appropriations for the two years are as follows:

160

JouRNAL oF THE SENATE.

For the year 1909_~-----------------$5,173,806.88 (Above includes $69,000 for W. & A. Terminals at Chattanooga)
For year 1908_______________________ 4,961,739.66
Increase____________________$ 212,067.22
Comparing increase in appropriations with increased revenue, we have: Increase in appropriations _____________$212,067.22 Increase in revenue _________ _,.:_________ 61,737.76
Excess of increased appropriations __$150,329.46
The main items making up increase of $212,067.22 are Common School Fund, $250,000, and W. & A. Terminals, $69,000. Quite a number of other appropriations have been reduced.
You will see from these figures that while the Appropriations for 1908 aggregated__$4,961,739.66 the revenue for the same year was only 4,879,860.98
Excess of appropriations or expenses . for year -------------------------$ 81,878.68
While for year 1909, Appropriations aggregate ---------$5,173,806.88 Estimated revenue ---------------- 4,941,598.74
Excess of appropriations for year____$ 232,208.14

WEDNESDAY, JuNE 29, 1910.

161

It will be seen from. the above that the State spent in excess of revenue during the year 1908 $81,878.68 and in present year is spending in excess
of estimated revenue ________________ 232,208.14

$314,086.82
Manifestly this policy if persisted in for any great number of years, will lead to serious complications.
Keep in mind that the Constitutional limit of five mills General Ad Valorem Tax was reached in 1907 and cannot be raised above that rate.
On January 1st, 1908, the State owed on account of unpaid appropriations for 1907--,--$1,061,841.66 To which add:
Bonds, past due and not presented__ 3,500.00 Temporary loans and interest_ ____ _ 155,890.03
Total over due_______________$1,221,231.69
Add bonds and interest due January 1st, 1908 _____________________ .:._ 245,577.50
TotaL ______________________$1,466,809.19
Cash in hand aggregated___________ 820,740.17

Excess of demand liabilities over cash in hand --------------------------$ 646,069.02

162

JOURNAL OF THE SENATE.

Collections on account of General Taxes were better in faH of 1908, and on January 1st, 1909, the condition was as follows:

Unpaid appropriations, 1908________$ 840,498.68

To which add: Bonds, past due, not presented_____ _ Temporary loan ------------------

3,500.00 50,000.00

Total over due_______________$ 893,998.68
Add bonds andinterest due January 1, 1909 ~------------------------ 243,327.50

TotaL ______________________$1,137,326.18 Cash in hand aggregated_______ _:____ 638,717.82

Excess of demand liabilities over cash in hand --------------------------$ 498,608.36
Nearly as we can estimate, the condition of the Treasury on January 1, 1910, will be as follows:
Liabilities-
Brought over unpaid from year 1908 as above -----------------------$ 893,998.68
Appropriations year 1909__.________ 5,173,806.88

Total maturing to Dec. 31, 1909__$6~067,805.56 Add bonds and interest ~ue January
1, 1910 ------------------------ 241,077.50
TotaL ______________________$6,308,883.06

WEDNESDAY, JUNE 29, 1910.

163

To pay above-
Cash in hand Jan. 1, 1909 ---------------$ 638,717.82
Estimated collections__ 4,941,598.74 ------,-- $5,580,316.56
Estimated cash deficit January 1, 1910_$ 728,566.50
In this statement we estimate collections for the year at an amount equal to the year's revenue. It is true that in 1908 the collections amounted to more, but that was due to the slow payments on account of taxes for 1907 and the unusually large amount that reached the Treasury after December 31, 1907, and was included in the Treasurer's statement of cash receipts for year 1908. As already explained, the tax revenue brought over from 1908 to be collected this year is $322,503.23 less than in 1907 tax brought over and collected in 1908.
We would like to call attention to some. matters that seem to have escaped the att.ention of our Legislators. The State is working on the theory that the appropriations_ for any calendar year must be met by the tax levy and other revenue for that year. While some items of revenue are under the law payable monthly, nearly all special taxes are reported quarterly, and the fourth quarter's collections do n<?t reach the Treasury until after January 1st of the succeeding year._
The general Ad Valorem Tax, comprising, as it does this year, about 58 per cent. of the total rev-

164

JouRNAL oF THE SENATE.

enue, cannot be paid until late in the year. Under our law, the tax books close on December 20, and collectors have until April 20 of the following year to make their settlements. As a result, a very large proportion of this tax reaches the Treasury in February, March and April, and even later in the year following that in which it accrues.

While it takes sixteen months or more to collect the revenue, the expenses or appropriations are all due within twelve months.

Of the total appropriations for this year (5,173,806.88) two items constitute three-fifths: penswns, $950,000; common schools, $2,260,000.

On January 1st, 1908, balance due school fund was $932,603.20. Th~t amount was paid during year 1908, but on January 1, 1909, the balance unpaid o~ ~ccount of appropriations for 1908 was $726,266.28.

We have been allowed free and full access to all books and records needed in the ~ourse of our examination, and wish to thank the officials and employes of both the comptroller's office and the Treasury Department for the courtesies shown. us.

Respectfully submitted,

(Signed)

ALoNzo RICHARDSON & Co.,

Certified Public Accountants.

WEDNESDAY, JuNE 29, 1910.

165

Mr. Womble, Chairman of the Special Judici.ary Committee, submitted the following report:
I
Mr. President:
The Special Judiciary Committee has had under consideration the following Senate bills I am instructed to report back to the Senate with the rec<>l)ffimendation that the same do pass, to-wit:
Bill No. 197. To fix salaries of the Solicitor's Generals of the several Circuits of this State.
Bill No. 166. An Act to establish and maintain a system of electric lights for the town of Buena Vista, Georgia.
Bill No. 167. An Act to amend an Act approved August 23d, 1905, entitled an Act to establish a system of waterworks for the town of Buena Vista, Georgia.
Respectfully submitted,
M.D. WoMBLE, Chairman.

The following Senate bills were read first time.:
By Mr. Morris-
A bill to prescribe the legal effect of instruments in the form of bank checks payable at a fixed date subsequent to their issuance and for other purposes.

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JouRNAL oF THE SENATE.

Referred to the Committee on Banks.

By Mr. Gordy-

A bill to change the time for holding the Superior

Courts in Marion county.

I

Referred to Committee on Special Judiciary.

By Mr. Irwin-
A bill to amend Section 1376, Vol. 2, of Code of 1895, relating to compensation of County School Commissioners.
Referred to Committee on Education.

By Mr. Irwin-

A bill to amend Section 50, Vol. 1 of the Code relative to County Registrars.
Referred to Committee on Special Judiciary.

By Mr. Irwin-

A bill to amend Section 2886 of the Civil Code of 1895 relative to the rate of interest on money.

The following House bill was read second time:

WEDNESDAY, JUNE 29, 1910.

167

By Mr. Huie-
A bill to create a Board of Commissioners of Roads and Revenues for Clayton county.
The following House bills and. resolutions were read first time:

By Mr. Barrett-
A resolution to provide for the payment of per diem and expenses of standing and special committees of the General Assembly.
Referred to Committee on Appropriations.

By Messrs. Fullbright and White-
A bill to prohibit pistol carrying except under certain conditions.
Referred to Committee on General Judiciary.

By MT. Hall-
A bill to regulate pleadings in regard to the manner in which negligence may be alleged in cases where a presumption thereof arises upon proof of given facts or circumstances.
Referred to Committee on General Judiciary.

168

J OURNA!J OF THF SENATE.

By Mr. Alexander-
A bill to require certain duties of the Railroad
Commission pertaining to the \Vestern & Atlantic Railroad.
Referred to Committee on W. & A. R. R.
By unanimous consent the following Senate bill was read third time and put upon its passage:

By Mr. Slaton-
A. bill to regulate the running of automobiles in
this State.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 34, nays 1. The bill having received the requisite Constitutional_ majority, was passed as amended and the amendments are as follows:
Amend Section 6 in lines 6 and 7 by striking out the words "if possible."
Amend by striking Section 2 and substituting the following:
Section 2. Be it further enacted, That it shall be unlawful for any person to operate an automobile on a public highway who is under the age of sixteen

WEDNESDAY, JUNE 29, 1910.

169

years, and no person shall operate such machines who shall not have received a license therefore from the Secretary of State, who shall receive a fee therefore of two dollars, and the same given upon the renewal therefore upon the first of July of each year. The S-ecretary of State shall give a number to the applicant, keeping a record thereof, and said number shall be carried on said car at all times when in operation, and the number shall be two inches in height. Said license shall not be granted except upon the affidavit of three respectable citizens of this State showing that the age, habits and capacity of the applicant warrant the grant of such .license.
Insert Section to be numbered Section 12, as follows: Be it further enacted, That the fees collected by the Secretary of State under the provisions of this Act shall be paid by him into the Treasury for the educational fund of this State.
Amend by renumbering the repealing clause.

By Mr. Mathews-
A bill to make it unlawful to engage in prize fights in this State.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 26, nays 0. The bill having received the requisite Con-

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JouRNAL OF rHE SENATE.

stitutional majority was passed as amended, and th~ amendments are as follows:
Provided, further, That this Act shall not apply to amateur boxing contests with gloves for sport and recreation.

By Mr. Day-

A bill to repeal Paragraph 52 of Section 2 of the tax Act of 1909, which levies a tax on dogs.
Upon agreeing to the report of the Committee, the ayes and nays were ordered and the vote is as follows:

. Tl~ose voting in the affirmative were Messrs:

nurch Cates Conley Day Gordy Harrell

Harben Irwin McDowell McCurry Pitts Rutherford

Rudicil Sellers 'l'hompson Ward Womble

Those voting in the negative were Messrs:

Akin Bowen Burwell CaHaway of lOth Callaway of 29th Calhoun Griffith

Johnson Kemp King Longley Mays :M:orris Mathews

McLean McCollum McClure Price Stevens Wood

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171

.. ~;-
Those not voting were Messrs :

Blackwell .Jackson

McWilliams Patterson

Ayes, 17; Nays, 20.

s:ater Mr.. Presiqent

The report of the Committee was disagreed to and the bill was lost.

By unammous consent the following Senate bill was withdrawn:

By Mr. Day-
A .bill to amend the Act incorporating the town of East Ellijay in Gi.Jmer County.
The, following Senate bills were read first time:

By Mr. Mathews-
A bill to repeal the Act to incorporate the town of Roberta.
Referred to the Corporation Committee. ,

By Mr. MathewsA bill to incorporate the City of Roberta. Referred to the Corporation Committee.

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JOURNAL OF THE SENATE.

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

By Mr. Day-

A bill to incorporate the town of Jasper in the County of Pickens.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays 0; the bill having received the requisite Constitutional majority was passed.

By Mr. Callaway, of 29th-

A bill to amend the Act establishing the City Court of "Washington in the County of Wilkes.
Report of the Committee was agreed to upon the passage of the bill the ayes were 27, nays 0; the bill - having received the requisite Constitutional majority, was passed.

By Mr. Calhoun-

A bill to incorporate the town of Uvalda in Montgomery County.
Report of the Committee was agreed to.

WEDNESDAY, JuNE 29, 1910.

li3

Upon the passage of the bill the ayes were 26, nays 0; the bill having received the requisite Con. stltutional majority, was passed.
Senate bill No. 173 was made special order for tomorrow morning immediately after the reading of the Journal.
House bill No. 23 and Senate bill No. 29 was made. special order to follow the other special order for to- . morrow morning.
Upon motion the Senate adjourned until tomorrow morning at 10 o'clock.

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JOURNAL OF THE SEN ATE.

SENATE CHAMBER, ATLANTA, GEORGIA,

THURSDAY, June 30, 1910.

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

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell Blackwell Burch Cal'laway of lOth Callaway of 29th Calhoun Cates Conley Pay Gordy Griffith Harrell Harben

Irwin Johnson .Jackson Kemp King Longley Mays Morris Mathews McLean McDowell McCurry McWilliams McCollum McClure

Patterson

Price

Pitts

Rutherford

Rudicil

Slater

Sellers

Stevens

Thompson

Ward Womble

.;

Wood

Mr. President

Mr. Day gave notice that at the proper time he would move to reconsider the action of the Senate in disagreeing to the report of the Committee on Senate bill No. 172.
Mr. Mathews gave notice that at the proper time he would move to reconsider the action of the Senate in passing Senate bill No. 107 on yesterday.

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175 .

The Journal of yesterday was read and approved.
Mr. Day moved to reconsider the action of the Senate in disagreeing to the report of the Committee on the following bill on yesterday:

By Mr. Day-
A bill to repeal the tax on dogs in this State. The motion prevailed. Mr. Mathews moved to reconsider the action of the Senate passing the following bill on yesterday:

By Mr. Mathews-
A bill to prohibit prize fighting in this State.
The motion prevailed.
By unanimous consent the bill just reconsidered was taken up and put upon its passage, which is as follows:

By Mr. Mathews-
A bill to prohibit prize fighting in the State of Georgia.
Report of the Committee was agreed to.

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JouRNAL oF THE SENATE.

Upon the passage of the bill, the ayes were 28, nays 0; the bill having received the requisite Constitutional majority, was passed as amended and the amendment is as follows: Amend by inserting in line 20 of Section 1 of the bill after the word "source" and before the word "in" the words, "Or in which any charge is made for admission to said contest.''
The following is the report of the Special Committee appointed to investigate the conditions of the State Sanitarium:
The Committee appointed by resolution of the General Assembly at its last session, to investigate the charges made against the management of the State Sanitarium, submit the following report:
Pursuant to said resolution, your Committee met at the State Sanitarium on the 8th day of November, 1909, and organized by electing Senator McLean, Chairman; Representative Henderson, ViceChairman and Representative Carswell, Secretary.
While your committee realize that the principal purpose for which it was appointed was to ascertain whether or not the inmates of the institution were being treated with the kindness and consideration that the people of Georgia and humanity demand they be treated, to ascertain if cruelty was ullowed or permitted, by neglect or otherwise, by the officials and employees of said institution, yet, in

THURSDAY, JUNE 30, 1910.

P7

order to get at ari intelligent understanding of the treatment and care of the inmates, required a thorough and searching investigation of every branch of said institution; your Committee, therefore, endeavored to learn the whole truth of the affairs of the entire institution, and herein attempt to report its findings thereon.
Ten days prior to the meeting for hearing evidence, your Committee published a notice in some of the daily and weekly newspapers of the State, requesting all persons who knew of anything relating to the management of the institution that would throw any light upon any matter connected with the same, to communicate with the Chairman of the_ Committee, and to give him the name of any witness who would testify either for or against the management of the Sanitarium, and all persons who were desirous of being heard, were brought before the Committee.
BuiLDINGs.
Your Committee finds that all the buildings are kept remarkably. clean, the floors in the rooms and halls are almost spotless; the bedding is clean and . comfortable in the white buildings. The negro building is so crowded that humanity demands that some provisions be made to relieve the present condition. The building is,poorly ventilated; it has three hundred more inmates within its walls than should be there, and with its ~oor ventilation, and the over-

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JouRNAL OF THE SENATE.

crowded condition of this race of people, and especially, in their unfortunate condition, makes it beyond the power of man to keep it in condition fit for human beings. There is no provision made for an amusement ball, and the inmates are even deprived, for the lack of space, of weekly religious services.
FooD AND CLoTHING.
Your Committee finds that the inmates are clothed as well as the appropriations made py the State will permit, the condition of the patients will allow, and necessity requires. To properly prepare food for over three thousand insane people, to see that each and every one is given the quality and quantity of food most needed, is, within itself, a tremendous undertaking. The food is, by necessity, cooked by steam, in large quantities, and the patients who, day after day and year after year, eat thereof, naturally become dissatisfied with the manner of preparation and the method of seasoning, and crave for a change. The preparation is as good as coul<l be, taking into consideration the quantity to be prepared. While sufficient food was s.erved to sustain life, yet some members of your Committee believe that the patients should be given more food and a greater variety, and that more personal care and attention should be given by those in immediate charge of the dining halls, to see that each and every inmate of the institution be given a sufficiency of food to satisfy the appetite of an ordinary person.

THURSDAY, JUNE 30, 1910.

179

TREATMENT OF INMATES.
Your Committee made a thorough and searching investigation of the treatment of t~e inmates of the institution. We brought before the Committee a large number of the inmates of the institution, former inmates, who are now cured, former employees, and the officials and other employees now at the institution. We find that ih some rare cases, the patients have been treated unkindly by some of the attendants, but that no cruelty of any kind has ever been afflicted upon these unfortunates; that the officials and employees make an earnest and honest effort to- see that the inmates are treated with consideration, gentleness and kindness, and that where cases of unkindness towards any- inmate is shown, it is a rare exception. We find that the charges brought by a former inmate of the institution, which charges we were especially appointed to investigate, are absolutely without foundation, and a vile injustice to the management of the sanitarium. When it is taken into consideration the large number of patients, the different kind and classes of patients, the different grades of society, the number of attendants and the duties they have to perform, it is marvelous that more irregularities do not occur. As a whole, the l?atients are treated with kindness and consideration by the attendants and officials, and the people of Georgia who have friends or loved ones within the walls of this sanitarium, may rest assured that the inmates of the Georgia State

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JouRNAL oF THE SENATE.

Sanitarium are in the care and keeping of noblehearted gentlemen, who do not and will not permit any harshness or c.ruelty towards these unfortunates.
KIND AND CLASSES OF INMATES.
Your Committee finds in this institution all kinds and classes of patients. We believe that this institution is being greatly imposed upon by nearly every county in the State, by being made the dumping ground of a large class of patients who have no right or business in the sanitarium. In a large number of cases, an old man without money or friends, feeble-minded from old ag~, who should be in the pauper home, is sent to the sanitarium to pass the remainder of his life. Feeble-minded children, who need no medical treatment, are sent to the sanitarium for the balance of their lives. Sane epileptics are sent to the sanitarium, where no provision has ever been made to relieve or help them in their unfortunate condition. Crowded thus as it is, the Georgia State Sanitarium has become a huge prison, the proper separation of patients impossible, the care and management thereof a tremendous undertaking, and the proper treatment by the officials of those who may be cured, impaire4.
TRUSTEES A..ND OFFICIALS.
The trustees and officials of the sanitarium assisted your Committee in getting at a full and complete examination of the institution. We believe

THURSDAY, JUNE 30, 1910.

181

that each and every trustee and official to be an honest man, capable and deserving the praises of the people of Georgia. The physicians are all clean, capable men, alive and alert. The superintendent measures up to his position, and the improvements and new blood that he has injected since becoming the head of the sanitarium is marked, and with less money than similar institutions receive, we believe that he will make Georgia's Sanitarium the best in the land.
ATTENDANTS.
Your Committee examined a large number of the male attendants. We find that these attendants are honest and capable, and making an earnest effort to do all in their power to better the conditions of the inmates, and that when an act of unkindness to- wards a patient by an attendant occurs, it is an exception to the rule, and the attendant is immediately discharged.. We find that the supervisors, or .the persons who have immediate control of the attendants, and whose duty it is to see that the attendants treat the patients as they should be, hold a very, very important position, and that these positions should be filled by strong, capable men, who should always be alive to their duties. In all of our investigations, not a murmur or whisper of dissatisfaction came against the female attendants, and from all sides, came praises for this class of attendants. The duties to be performed by the attendants, both male and female, are anything but pleasant,

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JOURNAL OF THE SENATE.

and we believe that their hours of labor should be shortened. The female attendants begin their work at sunrise, they must care for their patients a:nd clean the wards. They work until night, and are then locked in the wards with the inmates for the night. They have no opportunity to better equip themselves as nurses, and have no opportunity for rest
a or amusement. Should nurses' hall be provided
by the State, in a few years this institution would have a most excellent set of trained nurses.
BooKKEEPING.
Your Committee finds that the records of the Sanitarium are not accurately kept, and that the method of bookkeeping is not intelligible. We find that there is no way of ascertaining the receipts and disbursements of the various farm and dairy pro-. ducts of the institution; the institution has no way of knowing whether they are receiving the proper amount of goods ordered, such as coal, etc., when received in car load lots, as the institution has no track scales upon which to weigh such articles when received, and are, therefore, forced to rely entirely upon the honesty and accuracy of the parties from whom they buy. In coal alone, thousands of dollars are expended annually, and the correctness of w~ights in such purchases should be assured. We find that a large number of the patients receive funds from relatives and friends; and a complete and accurate account of such funds should be kept, entirely separate from the funds of the institution,

THU.RSDAY, JUNE 30, 1910.

183

showing the amounts received and the proper disbursements of the same. We believe that every dollar appropriated to the institution has been honestly disbursed; we earnestly recommend, however, that the officials of said institution use the money that is ~ppropriated only tor the specific purposes for which it is appropriated.
Your Committee b~lieves that the basic wrong of this institution comes from too little money and too many patients, neither of which is chargeable to the trustees or officials, for they have for years urged the necessity of getting more money.
It is a shame that the sane epileptics are committed to the State Sanitarium, and the State of . Georgia should speedily make a home for these people, for to place a human who is not insane, for a term of life in an insane asylum, is the most horrible affliction that can come to man. A place for betterment and not a horrible prison should be provided for them. The feeble-minded, especial!y the young children, should be better provided for, and we believe that these classes, \the epileptics and feeble-minded, should be provided for at places separate and distinct from the asyluin for the insane. To the average man, the amount of money spent at this institution for buildings and maintenance, .is enormous. Yet, to say that the Georgia Legislature has been miserly in its appropriations towards this institution, is putting it mildly. Year after year the Trustees and officials of the Sanitarium have

184

JOURNAL OF THE SENATE.

come before the Appropriations Committee of the General Assembly and begged for more funds. They have asked for money to build apartments for those suffering from tuberculosis, and yet, year after year, the apartments go unbuilt, and these patients are cared for asbest they can be, and oftentimes, giving this awful disease to other patients. There are but few people in this great State who have no friends or relatives confined in this, at its best, most awful institution, and anything that relieves, aids, brightens or betters this most unfortunate class, is cheap at any price, and the people of Georgia, through its representatives, should give ear to the needs of this institution. No Georgian will ever be heard to complain or murmur about the taxes he pays to support, to maintain, to make pleasant-to beautifythis abiding place of God's unfortunate.
RECOMMENDATIONS.
Your Committee makes the following recommendations:
1st. That provision be made for the sane epileptics, senile and harmless imbeciles, and feeble-minded children.
2nd. That sufficient funds be appropriated for buildings necessary to care for the colored patients; funds for a tuberculosis hospital; funds for a nurses' hall; funds for the construction of a water reservoir.

THURSDAY, JUNE 30, 1910.

185

3rd. That the law be amended so that three nearest adult relatives may waive the ten days' notice now required before commitment to the sanitarium; amend the law so that nine niembers shall compose the Board of Trustees, three of whom shall be appointed every two years for a term of six years; amend the law so as to punish the officer who brings a patient to the institution and leaves or abandons such patient on the sanitarium grounds. when, for any reason, the patient is refused admittance by the authorities of the institution.
4th. That the law be so amended as to allow inmates of. the institution the privilege of sending out and receiving, one day in each week, any and all mail withou~ the same being inspected by the officials of the institution.
J. L. McLEAN, Chairman, F. M. LoNGLEY, L. R. AKIN, F. E. CoNLEY,
of the Senate.
J. A. J. HENDERSON, Chm., GEo. H. CARSWELL,
s. A. BROWN,
W. T. TuGGLE, R. H. BAKER, ,GEORGE BROWN, C. R. McCRoRY,
of the House.

186

JOURNAL OF THE SENATE.

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

Mr. President:

The House has passed by the requisite Constitutional majority, the following bill of the House towit:
A bill to amend Act creating a Board of Commissioners for the County of Liberty.
Mr. Morris, Chairman of the Committee ob Banks, submitted the following report:

Mr. President:

The Committee on Banks has had under consideration the following Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to prescribe the legal effect of instruments in the form of bank checks payable at a fixed dat,e, etc.
The Committee has also had under consideration the following House bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:

THURSDAY, JUNE 30, 1910.

187

A bill to provide for the establishing of certificates of stocks of banks in lieu of lost certificates.
Respectfully submitted,
vV. s. MoRRIS, Chairman.

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

Mr. President:

The Committee on Engrossing has examined and

found properly engrossed and ready for transmis-

sion to the House of Representatives the following

bills of the Senate, to-wit:



A bill to regulate the operation of automobiles in this State.

A bill to amend an Act to establish the City

Court of Washington, in and for the County of

Wilkes.

Respectfully submitted,

G. Y. HARRELL, Acting Chairman.

Mr. Burwell, Chairman of the Committee on Appropriations, submitted the following report:

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JouRNAL oF l'HE. SENATE.

Mr. President:

The Committee on Appropriations has had under consideration the following Senate bill, which I am instructed to report hack to the Senate With the recommendation that the same do pass, to-wit:
m. sAurhainllcetocfoixmfpeaems.etso. he paid by local fire and storm
The Committee has also had under consideration the following House resolutions, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A ' resolution to refund H. Yarhrough certain money arising from the sale of wild land;
Also,
A resolution providing for payment of the per diem and expenses of standing and special committees setting during the recess, and authorized at the session of 1909.
Respectfully submitted,
BuRWELL, Chainr}an.

The following Senate hill was read first time:

THURSDAY, JUNE 30, 1910.

189

By Mr. Akin-

A bill to promote the public health convenience and welfare by leveling, ditching and draining out swamps in this State.
Referred to the Counties and County Matters Committee.

The following special order was taken up :

By Mr. Slaton-

A bill to provide and regulate the procedure in applications for ordinary new trials, the hearing and disposition thereof, and for other purposes.
The substitute offered by the Committee was adopted.
Report of the Committee was agreed to.

Upon the passage of the bill, the ayes were 32, nays 0; the bill having received the requisite Con- . stitutional majority, was passed by substitute.

By unanimous consent the following House bill was taken up, read third time and put upon its passage.

190

JouRNAL OF THE SENATE.

By Mr. Huie-
A bill to create a Board of County Commissions of Roads and Revenues for Clayton County.
Report of the Commi~tee was agreed to.
Upon the passage of the bill, the ayes were 34, nays 0; the bill having received the requisite Constitutional majority, was passed and ordered immediately transmitted to the House.
The following special order was taken up, read third time and put upon its passage:

By Messrs. Vinson, Anderson, Pearsons, Barksdale.
A bill to fix the salary of the Judges of the Court of Appeals and for other purposes.
Report of the Committee was agreed to:
Upon the passage of the bill, the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs:

Akin Burwell Blackwell Burch Callaway of 29th Calhoun Cates

Conley Day Gordy Harrell Johnson King Mays

l\forris Mathews McDowell M:cWiHiams McClure Price Slater

THURsDAY, .JuNE 30, 1910.

191

Sellers Stevens

Thompson Ward

Wood

Those voting in the negative were/Messrs:

Bowen Cal'laway of lOth Griffith Harben Irwin

Kemp Longley McLean McCurry McCollum

l'itts Rutherford Rudicil Womble

Those not voting were Messrs :

Jackson

Patterson

Ayes, 26; Nays, 14.

Mr. President

The bill having received the requisite Constitutional majority, was passed as amended and the amendment is as follows:
Amend by strik_ing all of the bill after the Cap: tion and insert in lieu thereof the following: Be it enacted by the General Assembly of Georgia, That
the salaries to be paid hereafter to the present
.Judges of the Court of Appeals and their succesors in office, are hereby fixed and 'shall be payable at the rate of Five Thousand ($5,000.00) Dollars per annum.
Mr. Slaton moved to immediately transmit the bill to the House~ which has just passed the Senate, and upon this motion the ayes and nays were ordered1 and the vote is as follows :

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JouRNAL OF THE SENATE.

Those vot~ng in the affirmative were Messrs :

Akin Bowen Burwell Blaekwell Bureh Callaway of 2!'1th Calhoun C.onley Day Gordy

Harrell Irwin Johnson King Longley Mays Morris Mathews McDowell McWilliams

MeClure l'riee Slater Sellers Stevens 'l'hompson Ward \\'oo<1

Those voting in the negative were Messrs:

Callaway of lOth Griffith Harben Kemp

McLean McCurry McCollum Pitts

Rutherford Rudicil Womble

Those not voting were Messrs:

Cates .Jackson

Patterson

Mr. President

Ayes, 28; Nays, 11.

The motion prevailed and the bill was ordered immediately transmitted to the House.

Mr. Mathews, Chairman of the General Judiciary Committee submits ~he following report:

Mr. President:
The General Judiciary Committee has had under consideration the following bills of the Senate, which

THURSDAY, JUNE 30, 1910.

193

it instructs me to report back with the recommendation that the same do pass.,
A bill to repeal the tax on dogs in this State.
A bill to provide for ordinaries pro hac vice.
A bill to amend Section 2181, Volume 2 of the Code.
The Committee also recommends that the following bills do not pass:
A bill to provide that no person shall be entitled to homestead on personal property which has been purchased and not paid for within 4 months.
A bill to make it a misdemeanor to draw check or draft for the payment of money when the drawer has not the sufficient funds to meet same.
Respectfully ."Jubmitted,
H. A. MATHEws, Chairman.

Senator Mays was granted leave of absence until Monday.
On motion the Senate adjourned until tomorrow morning at 10 o'clock.

194

JOURNAL OF THE; SENATE.

SENATE CHAM:SER, ATLANTA, GEORGIA,

FRIDAY, July 1st, 1910.

The Senate met pursuant to adjournment at 10 o'clock, was called to order by the Pr~sident.

Prayer was offered by the Chaplain.

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

Aiken Bowen Burwell Blackwell Burch Callaway of 29th Calhoun Cates Conley Day Gordy Griffith Harrell H;uben

Irwin .Johnson Jackson Kemp King Longley Morris Mathews McLean McDowell McCurry McWilliams McCollum McClure

Patterson Price Pitts Rutherford Rudicil Slater Sellers
~'ltevens
Thompson Ward Womble 1 Woody Mr. President

Those absent were Messrs:

Callaway of lOth

Mays

The Journal of yesterday was read and approved.

Mr. Longley, Chairman of the Railroad Committee submitted tpe following report:

FRIDAY, JuLY 1, 1910.

195

Mr. Preside1it:
Your Committee on Railroads, to whom was re ferred House Bill No. 234, entitled an Act to make it unlawful to run traction engines in Thomas or Grady Counties, has had the same under consideration, and beg leave to report the same back with a recommendation that the bill do pass.
F. M. LoNGLEY, Chairman.
The following joint resolution was read and adopted:
By Mr. Stevens-
Resolved by the Senate, the House Concurring, that when the General Assembly adjourn today, it stand adjourned until July 5th at 10 o'clock a.m.
The following Senate bills were read first time:
By Mr. Irwin-
A bill to create the City of Cuthbert in lieu of the Mayor and Council of Cuthbert.
Referred to the Corporation Committee.
By Mr. Harrell-
A bill to provide for the payment of Expenses of holding all elections in this State.

196

JoURNAL OF THE SENATE.

Referred to the Primary and Elections Commit-
t~e.
'rhe following House bills and resolutions were read second time:

By Mr .Barrett-
A resolution providing for the payment of the per diem and expenses of Standing and Special Committees authorized by the General Assembly at session 1909.

By Mr. Calbeck-
A resolution to refund to H. Yarbrough certain money arising from the sale of wild land.

By Mr. Vinson-
A bill to provide for establishment of Certificates of Stock of Banks or private Corporations.
The following Senate bills were read first time:

By Mr. Day-
A bill to prohibit drinking of intoxicating liquors in railroad passenger trains.
Referred to the Temperance Committee.

FRIDAY, JULY 1, 1910.

197

By Mr. MathewsA bill to increase the safety of the traveling pub-
lic and employees of ,railroads. Referred to the Railroad Committee. The following House bill was read first time:

By Mr. Harrington-
A bill to amend an Act to create a Board of Commissions for Liberty county.
Referred to the 'Counties and County Matters Committee.

To the Sen-ate and! H ow;e of Representatives:
The Joint Committee from the House and Senate, appointed under the authority of the Joint ResolJItion, adopted at the 1909 Session of this General Assembly, to consider and report a measure or measures, providing for more effectual securing of full and fair returns and valuations of property, in this State for taxation, beg leave to submit the following report:
The Committee has had several meetings and given careful consideration to the important subject with which it was charged. Realizing that there is a very great need of legislation to meet present

198

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conditions, conditions involving gross inequality and unfairness in the bearing of the burdens of taxation, by the people and property of our State-conditions under which contributions to the common expenses of our State and County Governments are largely voluntary, the Committee has sought to find a remedy by which these burdens may be more fairly distributed.
The imperative need of legislation on this subject, in this State, has long been recognized, and the . Legislature has repeatedly considered bills proposed to remedy the defects in our taxation system. The Committee had, therefore, the benefit of the ideas of those members of former Legislatures who have carefully and ably investigated the subject, and formulated their conclusions in measures proposed by them.
In preparing the bill, which the Committee has approved, and authorized to be introduced in the House and Senate, liberal use has been made of the suggestion and ideas of these former bills, and little more has been done by this Committee than to attempt to harmonize and to simplify them as much as possible.
It was not deemed wise to attempt any radical change in our present system of giving and receiving tax returns.
what is proposed in the bill reported is intended

FRIDAY, JuLY 1, 1910.

199

to fit into our present taxation machinery and to make that machinery more effective.
The Committee, in conclusion takes the liberty of calling the attention of the General Assembly to the fact, that in view of the supreme importance of the subject dealt with by this bill, and in consideration of the universally admitted urgency of the need for remedial legislation in this matter, this bpl should be given a consideration as prompt as the subject matter is important.
Respectfully submitted,
H. A. MATHEWS,
L. R. AKIN, Committee on part of Senate.
c. s. REID,
HATTON LovEJOY,
RoLAND ELLis,
HooPER ALEXANDER,
L. G. HARDMAN, Committee on part of the House.

The following Senate bills were read second time:

By Mr. Morris-
A bill to prescribe the legal effect of instruments in the form of Bank checks.

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JOURNAL OF THE SENATE.

By Mr. McCurry-
A bill to repeal an Act entitled an Act to amend Section 3667 of the Code.

By Mr. Thompson-
A bill to authorize the Chairman of the Board of Trustees of the University of Georgia to designate and appoint not exceeding 3 members from said Board of Trustees upon each of the branch Colleges of the University of Georgia.

By Mr. Thompson-

A bill to make the President of the Board of Trustees of the State Normal School Ex-officio a member of the Board of Trustees of the University of Georgia.

By Messrs. Pitts and Irwin-
A bill to fix fees to be paid by local Fire and Storm Insurance Companies doing business in 4 Counties and for other purposes.

By Messrs. Gordy, Harre11 and Womble-
A bill to fix the salary of the Solicitor-General of the Several Judicial Circuits of this State.

FRIDAY, JuLY 1, 1910.

201

By Mr. Slaton-
A bill to provide for the Control of Cemeteries, etc., outside of incorporated towns.

By Mr. Gordy-
A bill to amend the Act establishing a system of Water-works for the town of Buena Vista, Georgia.

By Mr. Gordy-

A bill to establish and maintain a system of Electric Lights for the town Buena Vista.

By Mr. Sellers-
A bill to repeal the Act to Collect a tax upon dogs in this State.

By Mr. MurryA bill to amend Section 2181 of the Code.

By Mr. Slaton-
A bill to provide for ordinaries pro hac vice, etc.,
, in this State.
The following House bill was read sec~nd time :

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JoURNAL OF THE SENATE.

By Mr. Wright, of Grady and Mcintire, of Thoma::;.
A bill to make it unlawful to run traction engines on the public roads of Grady and Thomas counties.
Senate bills Nos. 29, 177, 188, 172 was temporarily tabled.
The following Senate bill was read third time and put upon its passage.

By Mr. McCurry-
A bill to change the time of holding the Superior Court of Hart County.
Report of the Committee was agreed to.
Upon the passage of the bill, the ayes were 27, nays 0; the bill having received the requisite Constitutional majority, was passed.
The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has concurred in the Senate Amendments to the following bill of the House, to-wit:
A bill to put in force the constitutional amendment ratified at the election in 1908, providing for the

FRIDAY, Jur.Y 1, 1910.

203

payment of pensions to the widows of Confederate soldiers and for other purposes.
The House has also concurred m the following resolution of the Senate, to-wit:
A resolution, That when the General Assembly adjourns today, that it stands adjourned until Tuesday, July 5th, 1910, at 10 o'clock a. m.
Mr. Harrell, Acting Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing has examined and found properly engrossed, and ready for transmission to the House of Representatives, the following Senate bills, to-wit:
A bill to make it unlawful to engage in prize fighting in this State;
Also, A bill to regulate the grant of new trials;
Also,. A bill to incorporate the town of Uvalda, in the county of Montgomery.
Respectfully submitted, G. Y. HARRELL, Acting Chairman.

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JouRNAL OF THE SENATE.

Mr. Price, Chairman of the Committee on Agriculture, submits the following report:

Mr. President:
The Committee on Agriculture has had under consideration the foilowing bill of the Senate, which it instructs me to report back with the recommendation that the same do pass:
A bill to be entitled an Act to prohibit the use of said pyrites and other worthless fillers in commercial fertilizers.
J. D. PRICE, Chairman.
The following House bill was read third time, and put upon its passage:

By Messrs. Kidd and Faircloth-
A bill to require the County tax Collectors of this State to keep cash book.
Report of the Committee was agreed to.
Upon the passage of the bill, the ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed as amended and the amendment is as follows:
Amend Section 5 of the Act by adding at the end of said Section the following: The Comptroller-

FRIDAY, JuLY 1, 1910.

205

General, at the expense of the State, to furnish the tax Collector of the State the books required under this Act.

By Mr. Faircloth-
A resolution to repay W. C. Allen, Oil inspector at Wrightsville, $10.00, erroneously paid into the Treasury.
Report of the Committee was agreed to.

Upon the passage of the resolution, the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs:

Akin Bowen Burwell Burch Calhoun Conley Day Gordy Griffith Harrell J-larben

Irwin Johnson Kemp King Longley Morris Mathews McLean McCurry McWilliams McCollum

McClure Pitts Rudicil Slater Sellers Thompson Wiard W.omble Wood
i I

Those not voting were Messrs:

Blackwell Callaway of lOth Callaway of 29th Cates

Jackson Mays McDowell Patterson

Price Rutherford Stevens 1\Ir. President

Ayes, 31; Nays, 0.

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JOURNAL OF THE SENATE.

The resolution having received the requisite Constitutional majority, was passed.
House bills Nos. 44, 424, 197 was tabled.
By unanimous consent 100 copies of Senate Bill No. 198 was ordered printed for the use of the Senate.
On motion the Senate adjourned.

TuEsDAY, JuLY 5, 1910.

207

SENATE CHAMBER, ATLANTA, GEORGIA,

TuESDAY, July 5, 1910.

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

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Conley Day Gordy Griffith Harrell Harben

Irwin .Tohnson Jackson Kemp King Longley Mays Morris Mathews McLean McDowell McCurry McWil'liams McCollum McClure

Patterson Price Pitts Hutherfcrd Rudicil Slater Sellers Stevens Thompson Ward womble Wood Mr. President

Notice was given that at the proper time he would move to reconsider the action of the Senate in passing House bill No. 14.

The Journal of Friday was read and approved.

By unammous consent, Senate bill No. 172 was

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JOURNAL OF THE SENATE.

taken from the table and recommitted to the Gen- eral Judiciary Committee.
By unanimous consent, the following House resolution was taken up, read third time and put upon its passage.

By Mr. Barrett-

A resolution to provide for the payment of the per diem and expenses of Standing and Special Committees authorized by the General Assembly to act after adjournment.
Report of the Committee was agreed to.

Upon the passage of the bill, the ayes and nays were ordered, and the vote is as follows:

Those voting in the affirmative were Messrs:

Akin Burwell Blackwell Burch Callaway of 29th Calhoun Cates Conley Day Gordy Griffith

Irwin .Yohnson Jackson King Longley Morris Mathews McLean McDowell McCurry McWiHiams

McCollum McClure Patterson Pitts
Ruth~rford
Rudicil Stevens Thompson Wood

TuEsDAY, JuLY 5, 1910.

-209

Those not voting were Messrs :

Bowen Cal'laway of lOth Harrell Harben

Kemp 1\fays Price Slater

Ayes, 31 ; Nays, 0.

Sellers Ward \V{)mble Mr. President

'l'he resolution having received the requisite Con, stitutionaf majority, was passed.

This resolution was ordered immediately transmitted to the House.

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

Mr. President:
'l'he Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House of Representatives, the following Senate bills, to-wit:
A bill to incorporate the town of Jasper, m the county of Pickens.
Also, A bill to change the time of holding the Superior Court of Hart county.
Respectfully submitted, L. F. PATTERSON, Chairman.

210

JoURNAL OF THE SENATE.

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

Mr. President:
The Committee on Corporations has had under consideration the following Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to create and incorporate the city of Cuthbert.
Respectfully submitted,
JNo. R. IRWIN, Chairman.

Mr. Gordy moved that a Committee of 3 Senators be appointed to investigate the question of whether or not it takes two-thirds of all members elected to the Senate to pass a bill Changing Salary of Solicitors-General and increasing the salary of Judges of the Supreme Court, or whether a two-thirds vote of those voting is sufficient, provided that said twothirds vote amounts to requisite Constitutional majority.
The Committee is composed of Senators Mathews, Bur:well and Griffith.
House bill No. 14 was reconsidered, which is as follows:

, TuEsDAY, JuLY 5, 1910.

211

By Messrs. Kidd and Faircloth-
A bill to require County tax collectors to keep a cash book.
On motion, the following Senate bill was taken from the table and put upon the calendar:
By Mr. McCurry-
A bin to amend Section 341 of the Penal Code.

ATLANTA, GA., July 5, 1910.
The following message was received from His Excellency the Governor, through his Secretary, Mr. Blackburn:

Mr. President:

I am directed by His Excellency the Governor, to deliver to the General Assembly a communication in writing.

The following Senate bills were read first time:

By Mr. Burwell-

A bill to provide a stenographer fo.r the Insurance

Department of this State and to fix the salary there-

for.

.

Referred to the Genera] Judiciary Committee.

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JouRNAL oF THE SENATE.

By Mr. Burwell-
A bill to amend an Act approved December 21, 1897, entitled an Act to Create the Prison Commission of Georgia.
Referred to the General Judiciary Committee.

By Mr. Price-

A bill to amend Section 1496 of the Code, which prescribes the qualifications of applicants for Pharmacists.
Referred to the Hygiene and Sanitation Committee.

By Mr. Slaton-

A bill to allow County Commissioners in certain Counties to condemn land for road purposes.
Referred to the Counties and County Matters Committee.
Senate -bill No. 106 was made special order for .July 6th, 1910.

The following communication was read from the Governor:

TuESDAY, JuLY 5, 1910.

213

STATE OF GEORGIA,

ExECUTIVE DEPARTMENT,

ATLANTA.

To the General A.ssernbly:

July 5, 1910.

At the last session of your honorable bodies you passed a joint resolution (No. 31, Georgia Laws, 1909) authorizing and, under certain conditions, directing the Governor to purchase certain lands described in the resolution for use as terminal property, switch yards, etc., for the Western & Atlantic Railroad. These lands lie on the western side of the Western & Atlantic Railroad, beginning about three miles from the Union Depot in Chattanooga and ending about a half mile from Boyce Station. The resolution concluded with the following words:
"Providled, however, that the Governor shall first examine and approve the matter and if, in his judgment, it is not to the best interest of the State, he may decline to make the purchase.''
By probably a narrow construction this proviso might be held as covering only the last piece of property named in the resolution, but, inasmuch as the other two are too short for the designated use, by necessity the proviso was intended to apply to the entire purchase referred to. This was intensified by the fact that the indications were quite clear that there would be no money in the Treasury which was not covered by appropriations for other uses. Under these conditions, I felt that some examination must be made of the lands in question and of the State's

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JouRNAL oF 'I'HE SENATE.

financial condition before I determined whether or not I would exe'rcise the discretion imposed on me by your honorable bodies.
Had I been assured that the discretion with which I was clothed did not cover all the lands included in the proposition I would certainly have vetoed the resolution authorizing the purchase, inasmuch as there was not time enough from the date the resolution reached me until the end of the five days which followed your adjournment- to enable me to have the lands examined. Not that I doubted your wisdom, but I could not conscientiously approve an extraordinary appropriation of this kind without first making careful investigation.
I had the examination of the lands and of the titles made after signing the Bill and before the options expired. The titles seemed .to be all right, but to the lands I found radical objections for the purpose indicated. In the first place, they are in, what may be termed, a dip in the Western & Atlantic Railroad between Boyce Station and Chattanooga. In times ,of freshets the back water from the Tennessee River rises above the tracks. I was just below this point during the freshet in 1886 when, as an officer of the Western & Atlantic Railrood, I went with Supt. R. A. Anderson and Road Master M. H. Dooly to examine conditions existing during the high water. During that freshet the water covered the railroad tracks on all this property proposed to be purchased to a depth of from four to seven feet. This was shown by the drift in the trMs adjoining the tracks after the flood subsided. Hence, if there had at that time been a railroad yard on this property the water would have

TuE~DAY, JuLY 5, 1910.

215

been into every car standing upon it, doing damage to all property in those cars and ;ruining it in many cases. As these freshets may occur within any winter or spring it would be hazardous to property )f this land were purchased and used for switching yards and for storing cars.
But there is another serious objection to the lands in the proposed purchase. This consists in the fact that between the triangular portion, known as the Watkins property, and the broad rectangular portion, known as the Vinson property, other properties with houses upon them come down, leaving at the northeastern end of the Watkins property a width of about two hundred feet, whereas there should be a width of no less than four hundred feet, or, really, six hundred feet, for all the uses as a railroad yard. Therefore, if the State had made the proposed purchase of this property it would have been compelled to have a portion of the land which cuts into the northeastern edge of the Watkins property. The owners of these properties might have held up the State for a larger sum of money than it gave for the 87 acres for which I was authorized to negotiate.
Another objection lay in the fact that a public highway, which is the extension of Pennock Avenue, runs along the entire eastern side of the Watkins property and then close to the Western & Atlantic Railroad along the entire length of the Vinson and Lattimore tracts. The State of Georgia would have had no right to close a public highway in Tennessee, or, in fact, to divert it from its established location, and this location absolutely separated the Western & Atlantic Railroad from practically all 6f the Vinson and Lattimore tracts. It can be readily seen,

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JouRNAL OF THE SENATE.

therefore, that the State of Georgia would have been taking all the risks in the question of closing or not closing, or removing the public highway in question.
Another radical objection to the lands in question consists in the fact that practically in their entirety they lie below the level of the track of the Western & Atlantic Railroad. On the Vinson property there is quite a watershed which drains the waters of rains through a culvert said to be twenty-three feet under the Western & Atlantic Railroad track. There is also another culvert nearer Chattanooga probably fifteen feet or more under the Failroad track. At the current prices for making embankments or otherwise filling in dirt the cost of preparing this property for a railroad yard would amount to upwards of $100,000. As the dirt could not be secured from the remainder of this property, which, as stated, is mostly below the level of the railroad track, the State would have to buy it from people and pay for hauling it to the property in question.
I have gone somewhat fully into detail in order to indicate to you several of the objections to the purchase of these properties, these objections being:
First. Liability to damage to all property in cars in times of overflow.
Secondly. The lack of necessary width at the junction of the Watkins property and the Vinson property, and the subsequent liability to pay an excessive price for the additional land needed.
Thirdly. The location through the Vinson and Lattimore properties of the public highway which is the extension of Pennock Avenue.

TUESDAY, JULY 5, 1910.

217

Fourthly. The excessive cost for filling in the property to make it available for use as a railroad yard.
There is another objection in the fact that the City of Chattanooga is quite likely at no distant time to annex the territory including the lands which your resolution (No. 31) proposed to purchase. This would impose city taxes upon tl,tese properties.
Besides the physical objections, etc., above described there was the question as to whether the Governor was authorized to make this purchase in view of the condition of the State's finances. This point I submitted to the Attorney-General under date of September 1st. To my letter he made response on September 2d. Copies of these two letters are herewith submitted. You will note that the Attorney-General closed his letter with the following words:
"In view of these conditions there is at present no money in the Treasury which can be legally used for the purchase of the l~nd in question.''
There is another view which, as citizens of Georgia, and as servants of the people, the members of your honorable bodies and I must hold in mind. This is the fact that upon us is placed the responsibility of protecting the State's great property, known as the Western & Atlantic Railroad, in its power to properly perform the functions of a common carrier, and, co-ordinately, to make our people secure in the exercise of the competitive forces of commerce.

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JOURNAL OF THE SENATE.

In the conduct of its affairs it is of superlative importance for a railroad to have the best and most advantageously located terminal properties in all the cities it reaches. It is a matter of common . knowledge that the railroad systems within the past twenty years have been expending enormous sums of money in extending their lines to the business centers of the great cities of America. They have found that, in earning capacity, a mile thus acquired is worth more than twenty, or even. fifty miles in the country. At present the Western & Atlantic Railroad penetrates the heart of Chattanooga. No railroad entering that city exceeds it in advantageous location of its terminal property. When we consider that Chattanooga is properly at the beginning of its growth, we are forced to the conclusion that the Western & Atlantic Railroad will in future years need every foot of land it now holds in that city for the proper conduct of its business.
Yet we have a proposition made to contract the area of its powers in the city of Chattanooga by aflowing a large portion of its property to be alienated, or built up as warehouses, etc. If this proposition is a good one for the State of Georgia to adopt for its railroad in Chattanooga, it is equally as good for it to adopt in Atlanta, Dalton, Cartersville and other cities on its line, for property in Atlanta especially is worth more per front foot than is property in the Tennessee city named, and doubtless would command a larger rental.
While this proposition is being made for the Western & Atlantic Railroad in Chattanooga, and, by like reasoning, would apply to Atlanta, we find the Southern Railway, the Central of Georgia Railway and the Georgia Railroad spending many hundreds

TuESDAY, JuLY 5, 1910.

219

of thousands of dollars extending and improving their terminal facilities in the city of Atlanta. The two first named railways have bought residence blocks and the like and torn down expensive houses for the purpose of extending their yards into the heart of Atlanta. Thirty years ago the lines which now compose the Southern Railway had their depots in the outskirts of Atlanta, and the Western & Atlantic Railroad commanded the business of this city by reason of the fact that its tracks lay in the heart of the city. At present after the expenditure of 'vast sums of money, the Southern Railway is practically as near to the heart of Atlanta as is the Western & Atlantic Railroad and competes with it even handed. If, now, we are going to dismantle the Western & Atlantic Railroad in Chattanooga why should we not also dismantle it in Atlanta T If we take steps to abdicate the advantage,-! might almost say the supremacy,-we have in location in Chattanooga, why should we not do so in Atlanta? If we are going to impair our ability to compete with rival roads in Chattanooga and go into the warehouse renting business in that city, why should we not do the same thing in Atlanta, and open streets a:qd build houses in our Georgia city, as well as in the city we reach in our sister State In other words, if we are going to change the "VIJTestern & Atlantic Railroad from being strictly a common carrier, and make it partly common carrier and partly renting agency, let us do it at all points instead of only in Chattanooga.
I feel quite sure that your honorable bodies, in passing the resolution in question did not really hold in mind the fact that in the preservation of the terminal properties in Chattanooga lies a great proportion of the power of the Western & Atlantic

220

JouRNAL OF THE SENATE.

Railroad to perform the functions of a common carrier,-the fundamental principle to which we must adhere_ in our handling of it.
I have for many years been impressed by the transcendant importance of holding this great railroad property intact for uses as a common carrier, in view of the fact that Chattanooga will in course of time, and I now think within only a few years, become the key point for the fixing of rates affecting the entire State of Georgia in its interstate commerce relationships. This is by reason of the fact that, when the obstructions to navigation are removed, boats can run from Pittsburg, St. Louis, New Orleans, and other Mississippi Valley points to Chattanooga.
I have always held to the view that the State should never consider the question of selling the Western & Atlantic Railroad. Furthermore, in my opinion, no lease contract should ever be made for a longer period than thirty years, for the State ought to take back the road at least one time in the life of each generation and adjust it to the then prevailing conditions of commerce and the like.
while the lands which your resolution (No. 31) contemplated purchasing are in my opinion, not suited for the purpose in question, and, while I seriously doubt the advisability of the State's taking any step indicating an intention of abandoning any of its available property in Chattanooga, yet should you still deem it for the best interest of the State to purchase additional lands for railroad terminals at Chattanooga, such as building or repair shops, etc., I have secured a proposition for the sale to the State of 2342 acres of land through which the

TuESDAY, JuLY 5, 1910.

221

.Western & Atlantic Railroad runs, beginning about three-quarters of a mile eastward of Boyce Station. The price placed upon these 234% acres of land is $58,500, whereas the price charged for the 87 acres described in your resolution is $69,000. The larger tract, for which I herewith enclose the proposition of Hon. H. Clay Evans, dated May 17, 1910, is designated as the Evans tract in the enclosed report of Mr. H. M. Smith, Civil Engineer, whom I h.ad to inspect this tract. His report is herewith enclosed, and the blue prints on file in the Exe.cutive Office describe and otherwise give a clear idea of the relative situation of this property. You will note in brief that it is composed of flat lands along the Chickamauga Creek, which gently rise toward the south in the direction of Missionary Ridge. There is an abundance of dirt for filling, and the hauls of this dirt for filling are very short. Chickamauga Creek, flowing through the Northern portion of the tract, gives the greatest abundance of water for all purposes needed for shops and the like, and near the eastern edge is a large spring of fine water which is said to flow 2,000,000 gallons daily. If access to the Tennessee River be needed the distance is only about a mile and a half down the level valley of Chickamauga Creek. The proposition for the tract is available for your acceptance until August 1st of this year.
The location of this property, upwards of a mile further from Chattanooga than the properties covered by your resolution (No. 31), is in no way a disability, even if used as a freight yard, inasmuch as fully eighty per cent. of the business the Western & Atlantic Railroad handles in its Chattanooga yards moves southward.

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JouRNAL. oF THE SENATE.

I would be greatly pleased if your honorable bodies would send a. joint committee to examine the Evans tract and the properties described in your resolution (No. 31}, and I shall be glad to have Mr. H. M. Smith to attend and make clear to you al1 the facts connected with the Evans tract.
I trust that it is needless for me to add further that no man more than I is in accord with the proposition to protect the Western & Atlantic Railroad in.all of its legitimate powers as a. common carrier, and to protect it in such manner as to perpetually enable it to secure for the people of this State the dominant exercise of competitive forces. I must repeat my statement that I believe the State should never entertain the proposition to sell this great property. I know that some of the residents in the counties through which the Western & Atlantic Railroad runs believe that it would be beneficial to them to sell the road, thereby giving them the power to tax it as they do other roads traversing their counties; but I feel sure that the protection of the power to have competition is of more far-reaching benefit to them as well as to the people in the other counties of this State than could be the amount of the yearly taxes they would receive from the owners of the road if the State should sell it.
Respectful1y submitted,
JOSEPH M. BROWN'
Governor.

TUESDAY, JULY 5, 1910.

223

Copy
I
September 1st, 1909.

HoN. JoHN C. HART, Attorney-Getteral,

State Capitol.

DEAR Sm: The Legislature at its last session by resolution directed me as Governor upon the conditions therein named to pay $69,000 out of the Treasury for the purchase of some vacant land near Chattanooga in the State of Tennessee "for increasing .the facilities of ~he Western & Atlantic Railroad." The purpose of the purchase is to use this land as a switch yard should the State desire to do so at the termination of its present lease, ten years hence. I am anxious to comply with the instructions of the Legislature if there are any funds in the Treasury available for that purpose. My information is that there is at present in the Treasury the sum of approximately $160,000.

The Legislature of 1907-8 appropriated $2,250,000 for the common schools of this State for the year 1909. The State is short nearly $2,000,000 in meeting this appropriation. Under this statement of fact would I be authorized to draw my warrant and would the Treasurer have authority to pay this $69,000 for the purchase of this vacant land which we may possibly need for railroad purposes ten years hence T
Yours very truly,

(Signed) JosEPH M. BRowN,

..

Governor.

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JouRNAL OF Tnl<C. SENATE.

Copy
Sept. 2d, 1909.
Governor Jos. M. BRowN,
State Capitol, Atlanta, Ga.
DEAR Sm: I beg to acknowledge your letter of the 1st inst. in which you ask if the money now in the Treasury of the State of Georgia is available, under the resolution of the General Assembly recently adjourned, for the purchase of land lying outside of the city of Chattanooga, Tennessee, to be used as a switch yard in the future operation of the Western & Atlantic Railroad. You state in your letter there is at present in the Treasury approximately One Hundred and Sixty Thousand Dollars in meeting the appropriation made by the Legislature of 1907-8, for the support and maintenance of the common schools of the State for the year 1909.
The legal question involved is : May the Legislature of 1909 divert money which had been appropriated by: the Legislature of 1908 and on the faith of the appropriation the school teachers of the State entered into contracts with the boards of education of the counties of the State and actually performed the service of teaching the children of the State 1 The money now remaining in the Treasury was raised by a special tax levy for the support of the common schools of the State. See Acts of the General Assembly of Georgia 1907, p. 25. The teachers of the State have performed the service upon the faith of that promise that it would be paid them for their services. The teachers have executed their part of this contract and the State now owes them the money which it had pledged would be paid them.

TuESDAY, JuLY 5, 1910.

225

For a subsequent Legislature to divert the money and apply it to a different purpose from that for which it was raised by taxation and pledged by the State, amounts substantially to the impairment of a contract, which is forbidden both by the Constitution of this State and of the United States.
In view of these conditions there is at present no money in the Treasury which could legally be used for the purchase of the land in question.
I beg to remain,
Yours very truly,
JOHN c. HART,
Attorney-General.

Copy
CHATTANOOGA, TENN., May 17, 1910.
To His Excellency,
JosEPH M. BRowN,
Governor of Georgia.
Sm: I have the lionor to band you herewith a Blue-print of lauds I own at Boyce Junction-the red lines conspicuously indicate the outside boundaries-and figures showing measurements. I have bad the same carefully surveyed and within this boundary there are 234.45 acres.
You have here an abundance of high land to draw from to make any grade you see fit. You have an

226

JOURNAL OF THE SENATE.

abundant supply of the very best water. There is sufficient lands for switch, transfer and storage yards, room for shops and on the higher grounds room for employees' quarters. There is no danger of any effort being made for additional roads, and the Harrison road crosses at right angles with no obstruction either way. You will note an angle of 9.66 A. (one angle being the starting point). I reserved this for the reason that parties are planning to build a road crossing over and ahove grade of your railway. This would take a very large per cent. of the travel that now goes over the Harrison road, although at most the travel there is light.
Another great advantage in this location for switch, transfer and storage yards, it is outside of the municipality. Within the very near future Sherman Heights, or East Chattanooga, as it is now called, up t9 Boyce Station will be taken into the municipality of Chattanooga.
Your railway runs through my property for considerable over a mile. The Cincinnati Southern have rights to some extents within the "Y," and they were donated a right of way to the Harrison road, but it has never been used. They did, before I purchased (1886), lay a switch or track from that road to yours, but for some reason abandoned it and removed the track many years since.
Realizing that you are familiar with this property, I think I need say nothing further as to its adaptability for the purpose, and susceptible of improvement at a very moderate expense.
My title is good, free and unencumbered. I will sell you this property, two hundred and thirty acres,

1'UESDAY, JULY 5, 1910.

227

inore or less, for the sum of Fifty-Eight Thousand and Five Hundred Dollars ($58,500.00)-reserving or protecting my tenant for his crop now growing for the crop season.
I submit this for your consideration, and if there be any points that you do not understand, and you will so advise me, I will come down at any time you may suggest.
Very respectfully,
(Signed) H. CLAY EvANS,
Trustee.

Copy

Description of a certain tract of land situated in

Hamilton County, Tennessee, the property of H.

Clay Evans, Trustee.



Beginning at a point in the half section line between the Northeast and Northwest quarters of Section one, Fractional Township two South, and Range four West, of the Basis line of the Oconee District, which point may be located as follows;

Beginning at a stone monument, set for the center of said Section one. Said stone monument is in the lane between the properties of Alexander and said Evans, and about 250 feet North 66 45" West from the center of the Western and Atlantic Railroad, is about 390 feet from the North end of the said railroad North 22 47" East 1,450 feet.

This is the point of beginning.

From said point of beginning run North 22 47" East 1,120 feet, to a point in the Township line be-

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JouRNAL oF THF. SENATE.

tween said F-.ractional Township t;vo South, and Fractional Township one South;
Thence with the r_rownship line between said two Townships North 66 and 43" West, passing the Northwest corner of the Northwest quarter. of said Section one at 2;615 feet, the Northwest corner of the Northeast quarter of Section two at 5,245 feet; in all 5,970 feet to a stone in said Township line 100 feet, Southeast of the center of the Cincinnati Southern R.ailway Company Track;
Thence South 23 48" West 830 feet to a post in said right of way line, crossing the North. Bank of Chickamauga Creek at about 150 feet, and the South bank of the same at about 320 feet;
Thence continuing with the said right of way line, of the Cincinnati Southern Railroad, South 25 West about 120 feet to a point in said line, where the 6 curve indicated upon the map, a part of this description, will intersect the said right of way line;
Thence with the line of the 6 curve indicated upon the map 1,645 feet to the point in the property line of the Cincinnati Southern Railroad indicated on the map as ''Station 3,330 06 P. C. 6 R."
Thence a line at right angles to the Western and Atlantic Railroad, crossing the same, a distance of 166 feet to the point in the South line of the right of way of the Western and Atlantic Railroad;
Thence with said right of way line, South 78 and 31" West 1,878 feet to a stone in said right of way line near a Culvert and on the bank of a steep hollow;

TuEsDAY, JuLY 5, 1910.

229

Thence South 39 and 1" East 80 feet to the half section line, between the Northwest and Southwest quarters of said Section two;

Thence South 65 and 23" East 785 feet to a stone,

the center of said Section two;



Thence with the half section line between the Northeast and Northwest quarter of Section two, North 23 o 18" IDast 360 feet;

Thence South 65 o and 23" East 1,325 feet;

Thence North 23 and 6" East 400 feet;

Thence South 66" and 45" East 2,723 feet;

Thence North 83 and 39" East 1,396.6 to the beginning, containing 234.45 acres.

Being part of N. W. 1,4 Section 1 and part of N. E. & N. W. 1,4 Section 2. Fr. Tp. a. S. R. 4 W. of the Basis Line of the Oconee Dist.

Copy
May 20th, 1910. HoN. H. CLAY EvANs,
Chattanooga, Tenn.
MY DEAR Sm: I have your favor of the 17th inst., which is quite satisfactory.
I assume that the offer you make with all conditions will be good until the matter can be handled. In other words until, say, about the first of August.

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Will you kindly advise me if you will let the proposition stand for consideration and acceptance if so desired until August 1st1
Very truly yours,
JOSEPH M. BROWN'
Glovernor of Georgia.

CHATTANOOGA, TENN., May 24, 1910.
To His Excellency,
JOSEPH M. BROWN' Governor of Georgia, Atlanta, Georgia.
GovERNOR: I have the honor to acknowledge receipt of your letter of 20th inst., and in accordance with your request, I will make the proposition for switch yards at Boyce, submitted to you on the 17th inst., good until August 1st, next.
Very respectfully, Your obedient servant, H. CLAY EvANS, Trustee.
CO'[J'IJ.
May 27, 1910. HoN. H. CLAY EvANs,
Chattanooga, Tenn. MY DEAR Sm: I have your favor of May 24th, in which you are kind enough to make the proposition

TuESDAY, JuLY 5, 1910.

231

submitted to me on the 17th inst., good until August 1st, 1910.
With high regard, Very truly yours, JosEPH M. BRowN, Governor.

RoME, GEORGIA, June 22, 1910.
His Excellency,
JosEPH M. BRowN, Governor,
Atlanta, Georgia.
DEAR SIR: I have the honor to report that I have carefully examined the Evans tract of land lying on and along the Western & Atlantic Railorad, beginning at a point 4,500 feet East or South of the Depot at Boyce's Station, and extending along said W. &A. Railroad, and on both sides thereof, for a distance of one and one quarter miles. Said tract contains 2341;2 acres, according to the Survey.
I hand you herewith a blue print, showing the shape and location of the tract-which is plainly indicated by red lines.
You will note that Chickamauga Creek lies within the tract, and extends along the entire Northern Border. This Creek is about 100 feet wide, and empties into the Tennessee River about 11h miles from the Cincinnati Southern Railway bridge. Flood water from the Creek itself has but little effect on the property. It is the back water from the Tennes-

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see River that overflows the lowest parts of the tract.
But the W. & A. tract is never reached, not even by the highest floods.
In general terms, the ground slopes gradually from the Harrison turnpike, whi~h lays along the slope of Missionary Ridge, toward and to Chickamauga Creek.
That part of the tract lying between the W. & A. road and the Creek is mostly rather low-so that the work of making a yard on this side would be more expensive than is justified by present conditions.
But the other part, lying west or south of the W. & A. tract and toward the Harrison pike, is m;uply high-somewhat rolling, and will require, of course, some cutting and filling-but not an unreasonable amount, at alL
There is no evidences of rock, and as far as can be told, the material to be excavated will be earth only-at a cost of say 20 cents per cubic yard. All the earth needed is immediately at hand, so that none will have to be hauled in.
As before stated, the tract is one and a quarter miles, or 6,600 feet, in length. The only street or road that crosses it is the Harrison pike, which crosses the railroad at grade, about four-tenths of a mile from the Southern or Eastern end of the property. If the necessity should arise, an overhead crossing can be made here at comparatively small expense, the yard tracks of course passing under the

TuESDAY, JuLY 5, 1910.

233

viaduct, which can be constructed of wood or such other material and in such way as will best fit the case. It is quite unlikely that any other road wiU ever cross the ya,rd, unless it be an overhead crossing at the extreme South or East end of the tract.
But such necessity would appear to be far in the future, as there seem to be sufficient ground between the Western end of the track and the pike crossing, to answer for a long time to come.
To show the comparative area of the property, please note on the blue print a strip, marked with yellow pencil, 250 feet wide and 4,000 feet long, (about 23 acres) extending from near the Western end of the property to the Harrison pike. This strip alone will accomodate approximately 1,800 cars. Much of the other ground is also available, for tracks, shops, coal bins, and sundry uses, and there appears to be all the room needed for an indefinite time.
Those parts of the tract that lie nearest the ridge are well adapted for houses for the employees,. and there is abundant room for a large number of men, and thei.;, families.
The water supply can be obtained from wells; or from a large spring shown on map, about one-third of a mile from the property. This spring is said to flow two million gallons daily.
For locomotive purposes, Chickamauga Creek will furnish all that can possibly be needed, if the spring supply be not sufficient.
The property is well outside of the Chattanooga city limits, and is likely to remain so. Yet it is only about five miles from the center of the city. Boyce

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JouRNAL oF THE SENATE.

Station is within the four mile limit, and, as already stated, the property begins less than a mile from Boyce.

That part of the tract not needed for railroad purposes is available for rent for farming or other uses, that will produce fair revenue.

You will note that the Western end of the tract lies along the Cincinnati Southern Railroad-affording easy connection with that road.

I hand you also a map of the city of Chattanooga and vicinity-showing Boyce Station, and the approximate location of the tract, in red. This gives a clear idea of the relative situation of the property.

I beg to say that in my judgment this tract is by

far the best that has been offered, and is well adapted

to the uses intended. In fact, I do not know of any

other tract that is nearly so desirable, and in my

opinion the State will make no mistake in acquiring

this property.

.I am,

Very respectfully,

(Signed) H. M. SMITH,

(Chief Engineer R. & N. R. R.)

Copy.

To His Excellency, .JOSEPH M. BROWN' Governor of Georgia,, Atlanta, Ga.

June 29th, 1910.

Sm: Permit me to submit the following points in connection with the site offered by me for a switch and storage yard at Boyce on your line of Railway.

TUESDAY, JULY 5, 1910.

235

For a water supplyfor Locomotives and all general purposes the Chickamauga Creek affords an abundant supply. Your Mr. Smith raised the question as to a convenient supply for household purposes for employees. The manager of the City Water Company informs me that pipes extend to Aronda1e, Davis Hosiery Mills, Sherman Heights, Boyce Station ~ud to the Chattanooga Implements Works; the latter are located about 600 yards from Boyce Station and on West side of Cincinnati Southern Railway about opposite the "Y" on the blue print. So you see water for domestic purposes is within easy reach.
In going over the property recently with Mr. H. M. Smith, Civil Engineer, he agreed with me that the natural boundaries were most advantageous, viz: that the Cincinnati Southern Railway with its deep borrow pits on each side prevented absolutely any approach from that western side, that Chickamauga Creek on the North edge formed a complete protection or barrier there and that the North end of Missionary Ridge protects the yards from that direction, and that you will have abundant yard room from tile West to the present county road crossing for many years to come. You would als'O have a large territory for employees' houses, etc. And the grounds between the Railway (now) >and Chickamauga Creek, until wanted for further purposes could be used for employees' truck gardens.
That you may remember and to explain the. triangle of 966 acres cut off the Eastern corner, (as shown by the blue print) there is a plan being worked for a new road to go out across there (overhead) or above your road that would take a large per cent. of what travel there is now using the present Harrison road. (I cut this offso as to encourage that road).

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JOURNAL OF THR SENATE.

I am quite sure there is no rock to contend with in grading. In fact, I am told there is nothing there that could not be readily handled with a steam shovel.
The county is now building a roadway down across the field from Sherman Heights toward your road, where it crosses under the Southe:rn Railway beyond Citico from here, and this side of Boyce Station. That territory will in the near future be invaded by roadways and also come within the city limits.
When Mr. Smith and I went over the property, having walked its full length, and after getting to Boyce Station we saw a section gang working on the track1 so Mr. Smith proposed we walk to wherf~ they were, some distance this side of Boyce Station, as he said the foreman was often a man of prartical ideas.
Mr. Smith asked the foreman about high water points, etc. The foreman told him highest of waters were over the track between there and the overhead crossing of the Southern Railway and like yon had discovered no nearby dirt to fill. The foreman finally suggested to Mr. Smith that the fine place for extensive switch and storage yards was just around tha curve, and that the cut would make the fills (jmt the property I am offering) neither of which woultf be heavy. Mr. Smith asked him if he knew who owned it, he said he did not, but that he though! a man by the name of Montague.
I told Mr. Smith it was his witness and evidently an impartial one.
Very respectfully,
Your obedient servant,
(Signed) H. CLAY EvANS.
Trustee.

TuESDAY, JULY 5, 1910.

237

The following resolutions were read:

By Mr. Burwell-
Resolved, That the Secretary of the Senate be requested to secure the portrait of the President of the Senate, to be placed upon the walls of the Senate.
This resolution was unanimously adopted by a rising vote of the Senate.

By Messrs. Akin and Callaway, of 29th District-
A resolution to appoint a Committee of 3 from the Senate and 5 from the House, be appointed to go to Chattanooga and inspect the property designated in the Governor's Message.
This resolution was referred to the Committee on Rules.
By unanimous consent the following House bill was taken from the table, read third time, and put ' upon its passage:

By Mr. McMichael-.
A bill to require all Cotton Seed Meal sold in Georgia, to be branded according to grade and quality.
Report of the Committee was agreed to.

238

JouRNAL OF THJ: SENATE.

Upon the passage of the bill, the ayes were 27, nays 0; the bill having received the requisite Constitutional majority, was passed.
The fo1lowing Senate bills were read third time and put upon their passage:

By Mr. Murry-

A bill to amend Section 2181 of the Code.
Report of Committee was agreed to.
Upon the passage of the bill, the ayes were 23, nays 1; the bill having received the requisite Constitutional majority, was passed.

By Mr. Gordy-
A bill to establish and maintain a system of Electric Lights for the town of Buena Vista.
Report of the Committee was agreed to.

Upon the passage of the bill, the ayes were 26, nays 0; the bill having received the requisite Constitutional majority was passed.

By Mr. GordyA hill to amend an Act entitled an Act to amend

TuESDAY, Jur..y 5, 1910.

239

an Act establishing a system of W atel'works for the town of Buena Vista.
Report of the Committee was agreed to.
Upon the passage of the bill, the ayes were 27, nays 0; the_ bill having received the requisite Constitutional majority, was passed.

By Mr. Slaton-
A bill to provide for Control of Cemeteries, etc., outside incorporated towns.
Report of the Committee was agreed to.
Upon the passage of the bill, the ayes were 24, . nays 0; the bill having received the requisite Con-
stitutional majority, was passed as amended, and the amendment is as follows:
By striking in caption of bill, the words 150,000, when same appears and substitute therefore 125,000.

By Mr. McCurry-
A bill to amend Section 341 of the Code relative to carrying concealed weapons.
Report of the Committee was disagreed to, and the bill was lost.

240

JouRNAL OF THE SENATE.

By Mr. McCurry-

A bill to repeal an Act to amend Section 3667 of the Code.

Upon agreeing to the report of the Committee, the

ayes and nays were ordered, and. the vote is as fol-

lows:



Those voting in the affirmative were Messrs:

Johnson

McCurry

Womble

Those voting in the negative were Messrs:

Akin Rurwell Blackwell Burch Callaway of 29th Calhoun Conley Day Gordy Griffith

Harrell Irwin Jackson King Longley Mays Morris Mathews McLean McDowell

McWilliams McCollum McClure Patterson Price Pitts Rudicil Stevens Thompson Wood

Those not voting were Messrs:

Bowen Callaway of lOth Cates Harben

Kemp Rutherford Slater Sellers

Ayes, 3; Nays, 30.

Ward Mr. President

The report of the Committee was disagreed to and the bill was lost.

TuEsDAY, JuLY 5, 1910.

241

By Mr. Thompson-
A bill to authorize the Chairman of the Board of Trustees of the University of Georgia to designate and appoint not exceeding 3 members from said Board .of Trustees upon each of the branch Colleges of the University of Georgia.
Report of the Committee was agreed to.
Upon the passage of the bill, the ayes were 24, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Thompson-
A bill to make the president of the Board of Trustees of the State Normal School Ex-officio a member of the Board of Trustees of the University of Georgia.
Report of the Committee was agreed to.
Upon the passage of the bill, the ayes were 25, nays 0; the bill having received the requisite Constitutional majority, was passed.
On motion the Senate adjourned until tomorrow morning at 10 o'clock.

242

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,

WEDNESDAY, July 6th, 1910.

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

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Conley Day Gordy Griffith Harrell Harben

Irwin .Tohnson Jackson Kemp King J,ongley Mays Morris Mathews M:cLean Mc:Dowell McCurry McWilHams McCollum McClure

Patterson Price Pitts Retherford Rudicil Slater Sellers Stevens Thompson W\ard Womble Wuon Mr. President

The Journal of yesterday was read and approved.

Mr. Burwell, Acting Chairman of the Committee on Rules, submitted the following report:

Mr. Pre'Sident : The Committee on rules has set for a Special and

WEDNESDAY, JuLY 6, 1910.

243

Continuing order at eleven o'clock, July 6th, Senate resolution No. 23.
Respectfully submitted, W. H. BuRWELL, Chairman.
This report was adopted.

The following resolution was read first time:
By Mr. Day-
A resolution for the relief of J. C. Powell, J. M. Kincaid, A. J. Ballow, J. A. Freeman and A. Beaver.
Referred to the General Judiciary Committee. House Bill No. 19 was recommitted to Committee on Banks and Banking.
The following Senate bills were read first time:
By Mr. Sellers-
A bill to prohibit the exhibition in this State of moving picture devices representing fights or boxing contests between whites and negroes.
Referred to the General Judiciary Committee.

244

JOURNAL OF THE SENATE. -

. By Mr. McWilliams-

A bill to require the several Boards of health of this State to enforce the Standard transit permits adopted by the Georgia Board of Embalming.
Referred to the Special Judiciary Committee.

By Mr. MeWilliams-

A bill to amend an Act to establish a State Board of Embalming and for other purposes.
Referred to the Special Judiciary Committee.

By Mr. Slaton, 35th District-

A bill to require all governing bodies of Municipal Corporations to hold their sessions in public.
Referred to the General Judiciary Committee.

By Mr. Slaton, 35th District-

A bill to amend Paragraph 1, Section 2 of Article 8 of the Constitution, so as to make the salary of the State School Commissioners $3,000.
Referred to the Constitutional Amendments Committee.

WEDNESDAY, JuLY 6, 1910.

245

By Mr. Slaton, 35th District-
A bill to provide for the dissolution of corporations in this State.
Referred to the General Judiciary Committee.

By Mr. Slaton-
A bill to provide for the liabilities of husbands for torts of wife.
Referred to the General Judiciary Committee.
The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the House, towit:
A bill to regulate the running of automobiles, etc., on the highways of this State, and for other purposes.
A bill to amend Section 3828 of the Code of 1895, relative to rec.overy for homicide and for other purposes.
The House has also passed by the requisite Con-

246

JouRNAL oF .rHE SENATE.

stitutional majority, the following resolution of the House, to-wit:
203. A resolution to appoint a Joint Committee to look into matter of erecting a building for a State Museum.
Mr. Womble, Chairman of the Special Judiciary Committee, submits the following report:

Mr. President:
The Special Judiciary Committee has had under consideration the following Senate bills, which they instructed me to report the same back to the Senate with the recommendations that the same do pass, to-wit:
A bill (No. 184) an Act to create and establish a City Court for the City of Cuthbert, County of Randolph ..
A hill (No. 199) an Act to change the time of holding the 'Superior Court in the County of Marion, in Chattahoochee Circuit, and for other purposes.
The Committee have had the following House bills under consideration, and instructed me to report the same back to the Senate, they to pass:
A bill (No. 617) an Act to define water lot No. (19) in the City of Columbus, Muscogee County, and for other purposes.

WEDNESDAY, JULY 6, 1910.

247

A bill (No. G78) An Act to amend an Act incorporating the town Leslie, Sumter County, Georgia, approved December 22, 1892, and an Act, amendatory thereof, approved August 23, 1905.
Respectfully submitted,
W. D. WoMBLE, Chairman.

Mr. Mays, Vice-Chairman of the Committee on Pensions, submitted the following report:
Mr. President:

The Committee on Pensions has had under consideration the following Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
191. A bill to amend an Act to provide for the acceptance of the Confederate Soldiers' Home of Georgia.
Respectfully submitted,
S. H. MAYs, Vice-Chairman.

Mr. Callaway, of 29th district, Chairman of the Committee on Counties and County Matters, submitted the following report:

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JOURNAL OF TI-IF SENATE.

M1. President:
1'he Committee on Counties and County Matters, has h~d under consideration the following Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
214. A bill to allow County Commissioners, in certain Counties, to condemn land for road purposes.
The Committee has also had under consideration the following House bill, which I am instructed to report back to the Senate with the recommendation
that the same do pass, to-wit: 691. A bill to amend an Act to create a Board of Commissioners for the County of Liberty.
Respectfully submitted,
R. D. CALLAWAY, Chairman.

Report of the Committee appointed to investigate the Convict Camps of this State.

To the General Assembly:
In accordance with a resolution adopted at the 1909 session of the General Assembly, during October, November and December, 1909, sub-committees composed of members of the House and Senate Com-

WEDNESDAY, JULY 6, 1910.

249

mittees on Penitentiary visited and inspected the convicts camps of the State. More than 100 counties were using the convicts. For convenience the State was divided into seventeen districts, a subcommittee composed of one senator and three to four members of the House being appointed to visit and inspect the camps in each sub-division of counties.
The reports submitted to a joint meeting of the House and Senate Committees indicate the thoroughness of the inspections. In nearly every instance each camp was specially reported upon in detail. These reports we are filing so that reference to them may be had hy any one desiring to acquaint himself with the details thereof.
The lease system termin11ted April 1st, 1909, and all convicts, felony and misdemeanor, except women, children and men not able to do hard labor, were placed upon the public roads of the various counties.
Approximately 4,500 men are now building public highways in Georgia.
The change from the lease system to that now in operation was so radical that one not acquainted with the conditions could, to a very slight degree, only, conceive of the varied and serious difficulties encountered by the Prison Commission and the County authorities.

250

JOURNAL OF THE SENATE.

The new law was radical and required a complete change from former methods. The Act of 1908, con~ templated humanitarianism as the basis of the management of the State's convicts in the infliction of punishment, and that the State, through its employees paid by the State, and the State only, should exercise authority over the convict.
In accordance with the law of 1908 the Prison Commission formulated rules and regulations for the government and control of the convicts, and those having charge of them.
To a degree which is remarkable the law, in letter as well as spirit, and the rules and regulations of the Commission, are being enforced. Some of the provisions of the law are not perfectly. clear, and possibly do not speak the legislative intent at the time the law was passed. This arises, no doubt, from the fact that the bill, when enacted, was, in some particulars, hastily amended. The practical enforcement of the new system indicates that some changes would enure to the successful operation of the law.
There have been some abuses. The camps and the management of the same in some of the Counties1 showed a higher degree of conformity with the law than in others.
In one County the convicts were, to a large extent, making rice for the market; in another, guards were, in violation of law, paid $60.00 per month; in several proper weekly records, as required by law,

WEDNESDAY, JULY 6, 1910.

251

were not kept, and weekly reports were not made to the Prison Col!lmission; in another, tuberculosis patients were found confined with healthy convicts; in several, the quarters, as to size, equipment and cleanliness, were not up to the requirements of the Prison Commission ; some were not feeding as required by the rules; in more than one County the sick were quartered in the county jail; one or more guards under the age of 21 were found ; in one County on last Thanksgiving day the convicts were required to spend the day moving the camp instead of being permitted to rest.
It will be remembered that our visits of inspection were made only six or seven months after the convicts were placed upon the roads. The Commission had three inspectors to visit and report upon about 150 camps. The convicts, in many instances, were in the hands of persons who were entirely inexperienced in the handling of convicts. Therefore, it is not surprising that these irregularities were found.
We called the attention of the Prison Commission to every violation of the law discovered by us, and are assured that remedial measures have been taken. The Commission now has employed a larger number of inspectors. In our opinion the number ought to be sufficiently large to enable the inspector to spend one entire day at each camp during each month.

252

JOURNAL OF THE SENATE.

No woman ought to be left in any cou~ty convict camp. The danger is too great. They should be sent to the State farm without any ex~eption.
It is deplored that in many camps little attention is given to religious worship.
It ought to be a source of great satisfaction to every citizen of the State that the convicts are no longer considered an object of merchandise-beasts of burden-but, on the contrary, are treated as human beings-as men and women who have souls. They labor in the open air, eat and sleep; their habits are regular; they are, to a remarkable degree, healthy, strong, able-bodied men and women, and the death rate is less than half that of the population of the State taken as a whole.
In our opinion the convict Act contemplated the complete separation of the races. For lack of proper facilities the Prison Commission has not as yet been able to accomplish this end; but in no case, so far as we could learn, did they eat at the same table or , sleep in the same room.
The law provides that the State shall employ and pay the wardens and guards. In theory, this is done; but not in fact. Indeed, it is practically impossible to comply with this requirement; but it ought to be done. The beneficiary of the labor of the convict ought not, in the remotest manner, to control or manage the convict. The State furnishes the labor

WEDNESDAY, JULY 6, 1910.

253

of the convict to the county to build and improve the public highway, but it was not the intention of the law that the State should delegate any of its authority over the convict to the County. The County pays the expense of maintenance. The State is the one person; the County is the other. Wardens and guards ought to be under no obligations to the County authorities, but it is not so, and cannot be so, under the present law, as construed. Formerly the convict was sold to private individuals or corporations. Now, in order that the Counties may not make the mistake of feeling that the convicts are given to them. the strictest supervision is necessary.
In some instances the County authorities appeared to exercise a property right over the convict.
Herein lies the danger in the present system. There's the weak spot.
RoAD BuiLDING.
The magnitude of the work being done in Georgia by the convicts at the present time, and the results being accomplished, are almost beyond conception.
FouR THOUSAND FIVE HuNDRED MEN BuiLDING RoADS
A conservative estimate places the value of road building equipment, including stock, in the State, at nearly $1,500,000. During the past year about 6,000 miles of roaa have been graded and made permanent. 15,000 miles have been, to some extent, permanently, improved.
'

254

JOURNAL OF THE SENATE.

The County authorities are tapidly iearning the art of road building, and the results as the years pass will be much more gratifying.
A very careful investigation of the cost of the maintenance of the convicts, including food, clothing, transportation, guard and warden hire and food for the same, stock feed, repairs, and every expense of maintenance, shows that in the several Counties of the State it varies from about forty cents per day to one dollar and fifty cents per day per convict.
The average is eighty to ninety cents. The maintenance of the convicts upon the roads, exclusive of equipment, is costing the several counties of the State, in the aggregate, in round numbers, about $1,500,000.
~'he convict, eating wholesome food regularly, sleeping regularly, being well cared for, healthy and strong, as a rule labors cheerfully. With little or no inconvenience he accomplishes double as much in a day as a free laborer. Therefore, as compared with free labor, the average cost of the convict to the county is forty to fifty cents per day. The free laborer must have a dollar a day or more. Thus the convict .labor is costing the County less than half what free labor would cost.
And Georgia is building good roads.

WEDNESDAY, JULY 6, 1910.

255

THE STATE FARM.
The State farm is little more than an infirmary. The old, crippled, diseased, deformed, are theremany pitiable cases.
In the main stockade building are kept the white and colored males, the whites being quartered in one large hall, and the negroes in another.
The races should be entirely separated, and to accomplish that end another stockade is necessary.
F. M. GoRDY, Chairman Senate Committee on Penitentiary.
FERMOR BARRETT,
Chairman House Committee on Penitentiary. July 1, 1910.

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

Mr. President:
The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House of Representatives the following Senate bills, to-wit:
A biH to amend Section 2181, of Volume 2 of the

256

JouRNAL OF THE SENATE.

Code so as to allow electric street railroads to sell gas for heat, light, etc.
A bill to establish a system of electric lights for the town of Buena Vi,.<;ta.
A bill to amend an Act to authorize the town of Buena Vista to establish a system of waterworks.
A bill to provide for control of Cemeteries, etc., in counties of 125,000 population and over.
A bill to authorize the Chairman of the Board of Trustees of the University of Georgia to appoint three members of said Board upon each of the branch Colleges of the University of Georgia.
A bill to make the President of the Board of Trustees of the State Normal School Ex-officio a member of the Board of Trustees of the University of Georgia.
Respectfully submitted,
L. F. PATTERSON, Chairman.

The Committee has had under consideration the following Senate bill, which I am instructed to report back to the Senate, with the recommendation that the same do pass, by substitute, to-wit:
A bill to authorize verdicts at the first term of the Superior Cour~, and for other purposes.

WEDNESDAY, JuLY 6, 1910.

257

The Committee has also had under consideration the following Senate bills, which I am instructed to report back to the Senate with the recommendation that the same do not pass, to-wit:
A bill to amend Section 3761 of Civil Code.
A bill to prescribe the time when suits~ etc., shall become binding upon third parties.
A bill to prescribe the time when judgments shall become liens, etc.
Respectfully submitted,
H. A. MATHEws, Chairman.
Mr. Mathews, Chairman of the Committee on Gen. . eral Judiciary, submitted the following report:

M.r. PresidJent:
The Committee on General Judiciary has had under consideration the following House bill, which l am instructed to report back to the Senate, with the recom1nendation that the same do pass, as amended, to-wit:
A bill to prohibit pistol carrying, except under certain conditions.
The Committee has httd under consideration the following Senate bill, which I am instructed to re-

258

JOURNAL OF THE SENATE.

port back to the Senate with the recommendation that the same do pass, to-wit:
A bill to prevent shooting at or into occupied dwelling houses.
The Committee has had under consideration the following Senate bill, which I am instructed to report hack to the Senate, with the recommendation that the same do pass, as amended, to-wit:
A bill for the relief of prisoners in jail awaiting trial, etc.
The following Senate bills were read second time:

By Mr. Irwin-
A bill to create the city of Cuthbert in lieu of the mayor and council of Cuthbert.

By Mr. Gordy-
A bill to change the time of holding the Superior Court of Marion county.

By Mr. Irwin-
A hill to amend an Act entitled an Act to provide for the acceptance by the State of the property known as the Confederate Soldiers' Home.

WEDNESDAY, JuLY 6, 1910.

259

By Mr. Irwin-

A bill to create and establish the City Court of the city of Cuthbert.

By Mr. Slaton-
A bill to allow County Commissioners of this State to condemn land for road purposes.
'l'he following House bills were read s~ond time:

By Mr. Harrington-

A bill to amend the Act ereating the Board of County Commissioners of Liberty county.

By Mr. 'Griffin-

A bill to amend the Act incorporating the town of Leslie in Sumter county.
By Mr. Slade-

A bill to define water lot No. 19 in the eity of Columbus.
The following Senate bill was read third time and put upon its passage:

260

JouRNAL OF THE SENATE.

By Messrs. Pitts and Irwin-
A bill to fix fees to be paid by Fire and Storm Insuran~e Companies doing business in four counties, and. for other purposes. '
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 24, nays, 0.
The bill having received the requisite Constitutional majority, was passed as amended, and the amendment is as follows:
By inserting before words ''four counties'' where they occur the words "not more than."
The following special order was taken up, which is as follows:

By Mr. Jackson-
A Resolution. Resolved1, That Congress shall have power to levy and collect taxes on incomes from whatever sour~e derived without apportionment among the several States of the Union.
The hour of adjournment having arrived, the S~nate sto9d odjourned until tomorrow morning at 10 o'clock.

THURSDAY, JULY 7, 1910.

261

SENATE CHAMBER, ATLANTA, GEORGIA,

THURSDAY, July 7, 1910.

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

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

Akin Bowen Burwell Elackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Conley Day Gordy Griffith Harrell Harben

Irwin Johnsun .Jackson Kemp King Longley Mays Morris Mathews l\fcLean McDowell McCurry .:McWilliams McCollum 1-.feClure

Patterson Pr:ee Pitts Rutherford Budicil Slater fellers Stevens Thompson Ward Womble Wood Mr. President

The .Journal of yesterday was read and appro:ved.

Mr. Patterson, Chairman of the Committee on Engrossing, submitted the foll.owing report:

JouRNAL m' THE SENATE.
Mr. President:
The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House, the following Senate bill, to-wit:
A bill to fix fees to be paid by local Fire and Storm Insurance Companies doing business in not more than four counties.
Hespectfully submitted,
L. F. PATTERSON, Chairman.
~Ir. Callaway, of :Wth district, Chairman of Committee on Counties and County Matters, submits the following report :
Mr. President:
Your Committee on Counties and County ~Iatters has had under consideration the following House bills and instructs me, as Chairman, to report tha same back to the Senate with the recommendation that they do pass, to-wit:
A bill to be entitled an Act to create a Board of Commissioners of Roads and Bridges and Revenues for Jeff Davis county, and for other purposes.
A bill to be entitied an Act to repeal an Act to create a Board of Commissioners of Roads and Reve-

THURSDAY, JuLY 7, 1910.

263

nues in the county of Butts, State of Georgia, and for other purposes.
Respectfully submitted,
R. D. CALLAWAY, Chairman.

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

Mr. President:
The Committee on Corporations has had under consideration the following Senate hill, which I am instructed to report hack to the Senate with the recommendation that the same do pass, to-wit:
A hill to repeal an Act to incorporate the town of Roberta.
The Committee has also had under consideration the following Senate bill, which I am instructed to report back to the Senate with the r~ommendation that the same do pass, as amended, to-wit:
A bill to incorporate the city of Roberta.
Respectfully submitted,
J:No. R. IRwiN, Chairman.

264

JouRNAL oF THE SENATE,

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

Mr. President:
The Committee on Corporations has had under consideration the following Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to repeal an Act to incorporate the town of Crawford.
The Committee has also had under consideration the following Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, as amended, to-wit:
A bill to incorporate the city of Crawford.
Respectfully submitted,
JNo. R. IRWIN, Chairman.

The following joint resolution was read and adopted:

By Mr. Gordy-
A resolution to appoint a Committee of three from the Senate and five from the House to investigate whether the State needs additional lands at

THURSDAY, JULY 7, 1910.

265

Chattanooga for the vV. & A. R. R. which was men-
tioned in the Governor's message of July 5, and to make such other investiga:tion as the Committee thinks advisable.
This resolution was ordered immediately transmitted to the House.
Committee on part of Senate are Senators Gordy, Akin and Jackson.

The following House resolution was read and adopted.

By Mr. Davis-
A resolution to appoint a joint Committee to look into matter of erecting a building for State Museum.
Committee on part of Senate are Senators Mathews, McCollum and Harrell.
The following unfinished business was taken upwhich is as follows:

By Mr. Jacksnn-
A resolution. Resolved, That Congress shall have power to levy and collect taxes on incomes from whatever source derived without apportionment among the several States of the Union.

:::!66

JouRNAL OF THE SENATE.

Mr. Longley moved to table the resolution. On this motion the ayes and nays were ordered, and the vote is as follows:

Those voting in the affirmative were Messrs:

Akin Bowen Burwell Burch Callaway of lOth Callaway of 29th Calhoun

Day Griffith Irwin King Longley Mays l\Iorris

McDowell McCollum McClure Price Pitts Hutherford Hndicil

Those voting in the negative were Messrs;

Blackwell Cates Conley Gordy Harrell I!arben Johnson

.Jackson Kemp Mathews McLean McCurry McWilliams Patterson

Slater Sellers Ste,ens Thompson W>ard Womble Wood

Those not voting were Messrs :

Mr. President

Ayes, 21 ; nays, 21.

'rhe motion was lost.

Mr. Irwin moved that the Senate adjourn. On this motion the ayes and nays were ordered, and the Yote was as follows:

THURSDAY, JULY 7, 1910.

267

Those voting- in the affirmative were Messrs:

Akin Burch Callaway of lOth Calhoun

Day Irwin Morris McDowell

J\fcCollum :McClure Pitts Rutherford

Those voting- in the negative were Messrs:

Blackwell Callaway of 29th Cates
C~nley
Gordy Griffith ll::rrell Harben .Johnson J:.;ckson

J\:'Omp King Longley :Mays l\fathews McLean McCurry McWilliams Patterson Price

Hudicil s:ater Sellers Stevens Thompson Ward Womble Wood

Those not voting- were Messrs:

Bowen

Burwell

Ayes, 12 ; nays, 28.

Mr. President

The motion was lost.

The hour of adjournment having' arrived the

Senate adjourned until tomorrow morning at 10

o'clock.

'

268

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
FRIDAY, July 8, 1910.

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

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell L:llackwell Burch Gallaway of lOth Callaway of 29th Calhoun Cates Conley Day Gordy Griffith Harrell Harben

Irwin Johnson Jackson Kemp King Longley :Mays Morris Mathews McLean McDowell McCurry McWilliams lfcCollum McClure

Patterson Price Pitts Rutherford Rudicil Slater Sellers Stevens Thompson Ward Womble Wood Mr. President

The Journal of yesterday was read and approved.

The following message was received from the House through Mr. Boifcuillet, the Clerk thereof 1

FRIDAY, JuLY 8, 1910.

269

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

A bill b make it unlawful for city employees to sit on. municipal elections.
A bill to amend Act incorporating the city of Union Point.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The Speaker has appointed the following members of t~e House as a Committee on part of the House as authorized by the following joint resolu- tion, to-wit:
A resolution to appoint joint Committee of House and Senate to investigate matter of erecting a suit-
able building for a State Museum.
Messrs.. Da:vis, Henderson, of Irwin ;
Butt,
Hardeman, of Jackson;.. Ga-rlington.

270

JouRNAL oF THE SENATE.

Mr. Womble, Chairman of the Special Judiciary Committee, makes the following report:

. Mr. President: Your Committee on Special Judiciary has had under consideration the_following Senate bills and instru-ct me to report the same back with the recommendation that they do pass.
A bill (No. 216)-An Act to require the several Boards of Health of the State of Georgia to enforce the standard transit permits adopted by the Georgia State Boards of Embalming, and enforce the same, and for other purposes.
A bill (No. 217)-An Act to amend an Act to establish a Board of Embalmers to provide for the better protection of life and health, to prevent the spread of contagious diseases, and to regulate the practice of embalming, and for other purposes.
Respectfully submitted,
M. D. WoMBLE, Chairman.

The following Senate bills were read first time:
By Mr. Johnson-
A bill to amend the Act reincorporating the town of White Plains in Green county.

FRIDAY, JuLY 8, 1910.

271

Referred to Committee on Corporations.

By Mr. Calhoun-
A bill to incorporate the town of AlSJton in the <>ounty of Montgomery.
Referred to Committee on Corporations.
The following House bill was read first time by unanimous consent:

By Mr. MeWhorter-
A bill to amend the Act incorporating the city of Union Point, and for other purposes.
Referred to Committee on Corporations.
The following unfinished business was taken up, which is as follows:

By Mr. Jackson-
A Resolution. Resolved, That Congress shall have power to levy and collect taxes on incomes from whatever sour<>e derived without apportionment among the several States of the Union.
On motion the further consideration of this resolution was postponed until Monday morning and this resolution is to go_ over as unfinished business.

272

JouRNAL OF THE SENATE.

Mr. McClure, Chairman of the Committee on Western & Atlantic Railroad, submits the following report:

Mr. President:
Yo~r Committee on the \Vestern & Atlantic Railroad has had under consideration the following House bill and instruct me as their Chairman to report the same back to the Senate with the recommendation that it do pass, to-wit:
A bill to be entitled an Act to regulate certain
duties of the Railroad Commission pertaining to the Western & Atlantic Railroad, and for other purposes.
Respectfully submitted,
J. N. McCLuRE, Chairmim.
Mr. Slater, Chairman of the Committee on ~,i nance, submitted the following report:
Mr. President:
The Committee on Finance has had under conbideration the following 8ena'1: bill, which I am instructed to report back to the Senate' with the rec.: ommendation that the same do not pass, to-wit:

FRIDAY, JuLY S, 1910.

273

A bill to amend Section 2886, Civil Code 1895, relative to rate of interest on money.
Re&pectfully submitted, W. F. SLATER, Chairman.
Mr~ Griffith, Vice~Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President :
The Committee on General Judiciary has had uncier consideration the following bills of the Senate, which it instructs me to report back to the Senate with the recommendation that the same do pass.
A bill to provide for two weeks' session of Superior Court of Emanuel county.
Also,
A bill to provide for dissolution of corporations in this State.
Also,
A resolution for the relief of J. C. Powell, J. M. Kincaide, A. J. Ballow, J. A. Freeman and A. Beaver.
The Committee also recommends that the follow!ng Senate bill do pass as amended:

274

JouRNAL OF THE SENATE.

A bill to prohibit in this State moving pictures or other similar devices representing boxing matches between whites and negroes.
The Committee also recommends that the following bill of the Senate and House do not pass:
A bill to provide a stenographer for the Insurance Department of this State.
A bill to amend the Act creating the Prison Commission of this State.
A bill (House bill) to regulate pleadings in regard to the manner in which negligence may be alleged.
Respectfully submitted,
E. S. GRIFFITH, Vice-Chairman.

The following resolution was read and ~dopted:

By Mr. Morris-
A Resolution. Re~olved, That when this Senate adjourn today it stand adjourned until Monday morning at 11 o'clock.
The following Senate bills were read first time:

FRIDAY, JULY 8, 1910.

275

By Mr. Price-
A bill to amend S~ction 420 of the Penal Code. Referred to Committee on Railroads.

By Mr. King-
A bill to provide for Solicitors of the City Courts of this State.
Referred to Committee on General Judiciary.

By Mr. Longley-
A bill to prohibit concubinage between a person of the Caucasian or white race.
Referred to Committee on General Judiciary.
House Bill No. 45 was recommitted to the Committee on General Judiciary.
Senate Bill No. 155 was tabled.
The following Senate bills were read third time and put upon their passage:

By Mr. Stephens:
A bill to repeal an Act to incorporate the town of Crawford.

276

JouRNAL oF THE SENATE.

Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays, 0. The bill having received the requisite Constitutional majority was passed.

By Mr. Irwin-
A bill to create the city of Cuthbert in lieu of the mayor and council of Cuthbert.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays, 0. The bill having received the requisite Constitutional majority was passed.

By Mr. Irwin-
A bill to create and establish a City Court for the
city of Cuthbert.
Report of the Committee was agreed to.
Upon .the passage of the .bill the ayes were 31, nays, 0. The bill having received the .requisite Co~r., stitutional majority was passed.

By Mr. Gordy-
A bill to change the tiiDe for holding the Superior Court of Marion county.

FRIDAY, JuLY 8, 1910.

277

Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays, 0. The bill having received the requisite Constitutional majority was passed.
The following House bills were read third time nnd put upon their passage:

By Mr. Griffin-
A bill to amend an Act incorporating the town of Leslie, in Sumter county.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25, nays, 0. 'fhe bill having received the requisite Constitutional majority was passed.

By Mr. Slade-
A bill to define water lot No.. 19 m the city of Columbus.
~port pf the Committee. was. agreeq. to.
Upon the passage of the bill the ayes were 27, nays, 0.. TI~e .bill1baving, re.ceive,d the requisite Con"' stitutional majority was passed.

278

JouRNAL OF THE SENATE.

By Messrs. Wright and Mcintire-
A bill to make it unlawful to run traction engines in Thomas and Grady counties.
Report of the Committee was agreed to.
Upon the passage of the bi11 the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Harrington-
A bill to amend the Act creating the Board of Commissioners of Roads and R.evenues for Liberty county.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 29, nays, 0.
The bill having received the requisite Constitutional majority was passed.
I
Senator Calhoun was granted leave of absence for the whole of next week.
On motion the Senate adjourned until Monday morning at 11 o'clock.

MoNDAY, JuLY 11, 1910.

279

SENATE CHAMBER, ATLANTA, GEORGIA,

MoNDAY, July 11, 1910.

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

Prayer was offered by the Chaplain.

Upon the call of the roll, the following members unswered to their names :

Akin Bowen Burwell Blackwell Burch Cal'la.way of lOth Callaway of 29th Cates Day Gordy Grifl'ith Harrell Harbin Irwin

Johnson .Tackson Kemp King J.Jongley l\Iays Morris ~[a thews McLean McDowell McCurry 1,!cWilliams McCollum McClure

Pattf'rson Price Pitts Rutherford Rudicil Slater E'ellers Stevens Thompson Ward Womble Wood Mr. President

Those absent were Messrs:

Calhoun

Conley

The Journal of Friday was read and approved.

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

280

JOURNAL OF THE SENATE.

Mr. President:

The House has passed by the requisite Constitu-

tional majority the following bills of the House, to-

wit:

.

A bill to change the time of holding the fall term of the Superior Court of Liberty cDunty.
A bill to fix fees to be paid by local Fire and Storm Assessment Insurance Companies.
Mr. Patterso~, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
'l'he Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House the following Senate bills, to-wit:
A bill to repeal an Act to incorporate the town of Crawford.
A bill to change the time of holding the Superior Court of Marion county.
A bill to establish a City Court for the city of Cuthbert in the county of Randolph.
Respectfully submitted,
L. F. PATTERSON, Chairman.

.

MoNDAY, JULY ll, 1910.

281

The following unfinished business was taken up, whi-ch is as follows :

By Mr. Jackson-

A Resolution. Resolved, That Congress shall have power to l~vy and colle-ct taxes on incomes from whatever sour-ce derived without apportionment to .the State.
Mr. Burwell moved the previous question on this resolution; the motion prevailed, and the main question ordered.
Upon the adoption of this resolution the ayes and nays were ordered, and the vote is as follows:

Those voting in the affirmative were Messrs:

Blackwell Cates Conley Gordy Griffith Harrell Harben Johnson

Jackson Klmp Mathews McLean McCurry McWilliams Patterson Slate:r

!:'ellers Stevens Thompson w:ard Womble Wood

Those voting in the negative were Messrs:

Akin Bowen Burwell Burch Callaway of lOth Callaway of 29th

Day JJ-win
K~ng
Longley Mays Morris

McDowell McCollum l\IcClure Pitts Rutherford Rudicil

282

JOURNAL OF THE SENATE.

Those not voting were Messrs :

Calhoun

Price

Ayes, 22 ; Nays, 18.

The President voted aye. making 23.

The resolution having received the requisite Constitutional majority, was passed.

The hour of adjournment having arrived, the Senate adjourned until tomorrow morning at 10 o'clock.

TUESDAY, JULY 12, 1910.

283

SENATE CHAMBER, ATIJANTA, GEORGIA, \

TUESDAY, JULY 12TH, 1910.

The Senate met pursuant to adjournment at 10 o'cock, 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 Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Cates Day Gordy Griffith Harrell Harben Irwin

Johnson Jackson Kemp King Longley Mays Morris Mathews Mcl;.ean McDowell McCurry McWilliams McCollum McClure

Patterson Price Pitts nutherford Rndicil Slater Sellers Stevens Thompson Ward Womble Wood Mr. President

Those absent were Messrs:

Calhoun

Conley

The Journal of yesterday was read and approved.

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

284

JouRNAL OF THE SENATE

Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the House, to-wit:
A bill to repeal Act to create City Court of Danielsville.
A bill to amend Act establishing City Court of Greenville.
A bill to increase the number of terms of the Superior Court of Whitfield county.
Mr. Patterson, Chairman of the Committee on Engrossing, submitted the following report:

ilfr. Presidtent :
The Committee on Engrossing has examined and found properly engrossed, and ready for transmis~ion to the House, the following resolution of the Senate, to-wit :
A resolution to ratify an amendment to the Constitution of t11e United States, providing for the levy and collection of an income tax.
Respectfully submitted,
L. F. PATTERSON, Chairman.

TuESDAY, JULY 12, 1910.

285

Mr. Callaway, Chairman of Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on County Matters has had under consideratio:t;t the following bill, and instruct me as their Chairman to report the same back to the Senate with the recommendation that it do pass by substitute.
A bill to be -entitled an Act to create the office of Commissioner of Roads and Revenues in the county of Butts, State of Georgia and for other purposes.
R. D. CALLAWAY, Chairman.

Mr. Callaway, Chairman of Committee on Counties and County Matters, submits the following report:

Mr. President:
Your Committee on Counties and County Matterb has had under consideration the following bills and instruct me as their Chairman to report the same back with the recommendation that they do pass.
Public Drainage Bill.
R. D. CALLAWAY, Chairman.

286

JOURNAL OF THE SENATE.

Mr. Callaway, Chairman of the Committee on Te~ perance, submits the following report:
Mr. President :
Your Committee on 'remperance has had under consideration the following bill, and instruct me as their Chairman to report the same back with the recommendation that it do pass as amended.
A bill to prohibit drinking intoxicating liquors upon railroad passenger trains, street cars, etc.
J.P. CALLAWAY, Chairman.

Mr. Griffith, Vice-Chairman of the General Judiciary Committee, submits the following report:

Mr. President :
The General Judiciary Committee has had under consideration the following hill of the House, which it instructs me to report back to the Senate with the recommendation that the same do pass.
A bill to regulate pleadings in regard to the manner in which negligence may be alleged in cases when a presumption thereof arises upon proof of given facts or circumstances and for other purposes.
Respectfully submitted,
E. S. GRIFFITH, Vice-Chairman.

TUESDAY, JULY 12, 1910.

287

We the undersigned members of Oeneral Judiciary Committee submit this as a minority report to House Bill No. 45.
F. M. LONGLEY,
w. T. DAY.
Mr. President:
The Committee on Railroads have had under consideration Senate Bill No. 210, entitled an Act to increase the safety of the traveling public and the employees upon railroads, etc., and instruct me as Chairman to report back said bill with a recommendation that the same do not pass.
F. M. LoNGLEY, Chairman.

Atlanta, Ga., .July 12, 1910.
The following message was reeeived from His Excellency the Governor, through his Seeretary, Mr. Blackburn:

Mr. President :
I am directed by His Excellency the Governor, to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.
House Bill No. 14 was recommitted to the Finance Committee.

288

JOURNAL OF THE SENATE.

At 10:15 o'clock the Senate went into executive session.
By the unanimous consent the following bills and resolutions were read first time:

By Mr. Mays ---:-
A bill to amend an Act to authorize electric street suburban and interurban railroad companies to acquire by purchase, lease, consolidation or merger the stocks and property and for other purposes.
Referred to the Railroad Committee.

By Mr. Harrell-
A resolution endorsing New Orleans as the city in which the Panama Exposition shall be held.
This resolution was adopted.

By Mr. Burwell-
A bill to amend an Act to create a charter for the city of Sparta approved August 7th, 1905.
Referred to the Special Judiciary Committee.

By Mr. LongleyA resolution. Resolved, that a committee of two

TuESDAY, JuLY 12, 1910.

289

from the Senate and three from the House, be appointed to report back to the next General Assembly a proper place for the keeping on exhibition of both the ''Texas'' and ''General'' for the preservation of the same.
This resolution was read and adopted.

By Mr. WombleA bill to amend Section 4402 of the Civil Code. Referred to the Special Judiciary Committee.

By Mr. McCurry-
A bill to exempt from examination all graduates from the educational institutions supported by the State.
Referred to the Education Committee.

By Messrs. Patterson and McCurry-
A bill to amend Sections 5308 and 5309 of the Civil Code.
Referred to the General Judiciary Committee.

By Mr. CallawayA bill to provide for fishways for the passa-ge of

290

JOURNAL OF THE SENATE.

fish over dams and for the erection and maintenance of the same.
Referred to the Counties and County Matters Committee.

By Mr. McCurry -

A bill to require the tax collectors of this State to issue a certificate to persons who have registered and are entitled to vote and for other purposes.
Referred to the General Judiciary Committee.

By Mr. Kemp-

A bill to incorporate the Lanier School District in Emanuel and Bullock counties.
Referred to the Corporation Committee.

By Mr. Callaway, of 29th district.

A bill to amend Section 2166 of the Code of 1895. Referred to the Railroad Committee.

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

TuESDAY, JuLY 12, 1910.

291

By Mr. Irwin-

A bill to amend the Act to provide for the acceptance by the State of Georgia of the property known as the Confederate Soldiers' Home.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0; the bill having received the requisite Constitutional majority, was passed.

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

A bill to repeal the Act to create the City Court of Danielsville in and for the county of Madison.
Referred to the Special Judiciary Committee. By Messrs. Cureton, Hullender and Tower-
A bill to amend Section 3828 of the Code.
Referred to the General Judiciary Committee. By Mr. McCarthy-
A bill to provide for qualification of managers of elections in the towns and cities of this State.
Referred to the General Judiciary Committee. By Mr. Harrington-

292

JOURNAL OF THB SENATE.

A bill to change the time for holding the fall term of Liberty Superior Court.

Referred to the General Judiciary Committee.

By Messrs. Tippins, Boyd, Mcintire and McMichael.

A bill to regulate the running of automobiles on the highways of this State.

Referred to the General Judiciary Committee.
By Mr Mcintire-
A bill to fix the fees to be paid by local Fire and Storm Assessment Insurance Companies doing business in 4 counties of this State.
Referred to the General Judiciary Committee.
By Mr. Jones-
A bill to amend an Act establishing the City Court of Greenville.
Referred to the Special Judiciary Committee.
By Mr. Tarver-
A bill to increase the terms of the Superior Court of Whitfield County.

TuEsDAY, JuLY 12, 1910.

293

Referred to the General Judiciary Committee.
.. The following Senate bills were read second time by unanimous consent:

By Mr. Day-

A bill to prohibit drinking of intoxicating liquon upon railroad passsenger trains.

By Mr. Harwell-

A bill to prohibit the shooting at, towards or into any occup~ed dwelling houses in this State.

By Mr. Mathews-

A bill to repeal the Act to incorporate the town of Roberta.

By Mr. Sellers-

A bill to prohibit the exhibition in this State of moving pictures representing contests between whites and blacks.
By Mr. Mathews-
A bill to incorporate the City of Roberta.

294

JoURNAL OF THL SENATE.

By Mr. Slaton-

A bill to provide for the dissolution of corporations and for other purposes.

By Mr. Akin-

_'.::"'

A bill to promote the public health convenience and welfare by leveling, ditching, and draining the wet swamps in this State.

By Messrs. Gordy, Harrell and Womble-

A bill to fix the salary of the Solicitors-General of the Several Judicial Circuits of this State.

By Mr. Kemp-

A bill to provide for two weeks' session of the Superior Court of Emanuel County.

By Messrs. MeWilliams and Price-

A bill to require the several boards of health of this State to enforce the standard transit permits adopted by the Georgia State Board of Embalming.

By Messrs. MeWilliams and Price-



A bill to amend an Act to establish a State Board

of Embalming for this State.

TuESDAY, JuLY 12, 1910.

295

By Mr. Day-
A resolution for the relief of J. C. Powell, J. M. Kincaid, A. J. Ballow, J. A. Freeman and A. Beaver.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr. Pretsid>ent:
The House has passed by the requisite Constitutional majority the following bills of the House towit:
.A_ hill to amend Act establishing City Court in the county of Hall.
A bill to amend Act to establish City Court of Douglas.
A bill to repeal Act to incorporate the town of Sycamore.
A bill to prohibit taking of fish from certain parts of Hiawassa river.
A bill to amend Act to incorporate the town of Hagan.
A bill to authorize sale of part of commons in city of Columbus.
A bill t:o amend Act creating Board of Roads and Revenues for Hall county.

296

JouRNAL oF THB SENATE.

A bill to regulate the dressing of cattle, etc., for market in V\rnre county.

A bill to incorporate the town of Ila.

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

By Mr. :Morris-

A bill to prescribe the legal effects of instruments in the favor of bank clerks payable at a fixed date.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 1; the bill having received the requisite Constitutional majority, was passed. This bill was ordered immediately transmitted to the House.

Mr. McCurry moved that the Senate do now adjourn and on this motion the ayes and nays were ordered and the vote is as follows:

'l'hose voting in the affirmative were Messrs:

Akin Bowen Blackwell Burch Callaway of lOth Cates Griffith

Irwin Longley Mays Morris :Mathews J,{cDowell McCurry

~fcCollum
McClure Patterson Price .Pitts Rudicil

TuESDAY, JuLY 12, 1910.

~97

Those voting in the negative were Messrs:

Callaway of 29th n'ay
GPrdy Harrell Harben

King McLean Sellers SteYens Thompson

Ward \\' omblo Wood

Those not voting were Messrs:

Burwell Calhoun Conley Johnson

,Tackson Kemp McWilliams Rutherford

Slater Mr. President

Ayes, 20; Nays, 13.

The motion prevailed and the Senate adjourned until tomorrow morning at 10 o'clock.

298

JouRNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,

WEDNESDAY, July 13, 1910.

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

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Cates Day Gordy Griffith Harrell liarben I.rwin

Johnson J&ckson KE>mp King Longley Mays Morris Mathews McLean McDowell McCurry McWilliams llfcCollum l\IcClure

Those absent were Messrs:

Calhoun

Conley

Patterson Price Pitts Uutherford Rudicil Slater Sellers Stevens
Thompson Ward Womble Wood Mr. President

Mr. Griffith moved to correct the Journal of yesterday in ordering immediately transmitted to the House Senate bill No. 203, the motion was lost. No-

WEDNESDAY, JULY 13, 1910.

29!)

tice was given that a motion would be made to reconsider the action of the 1Senate on yesterday in passing Senate Bill No. 203.

Notice was given that at the proper time a motion would be made to reconsider the action of the Senate in ordering Senate bill No. 203 immediately transmitted to the House.

The Journal of yesterday was read and approved.

Mr. Griffith moved to reconsider the action of Senate in ordering immediately transmitted to the House on yesterday Senate bill No. 203. On this motion the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs:

Blackwell Callaway of lOth Callaway of 29th Grifl'ith Harrell Harben

Johnson .Tackson Kemp King Mays 1\fathews

McLean McCollum McClure 8ellers Thompson Womble

Those voting in the negative were Messrs~

300

JOURNAL OJ<' THE SENATE.

Those not voting were Messrs :

( 'nlhoun Conley Lwin

l\forris McCurry l\IcWilliams

Ayes, 18; Nays, lG.

Slater Ward Mr. President

The motion prevailed.

Mr. Griffith moved to reconsider the action of the Senate in passing Senate bill, which passed on yesterday, and the bill is as follows:

By Mr. Morris-

A bill to prescribe the legal effect of instruments in the form of bank checks payable at a fixed date, etc.

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

Those voting in t'he affirmative were Messrs:

Burwell Blackwell Burch Callaway of lOth Day Griffith Hanel! liarbPn

.Tolmson
.Tf-\Ckson
Em1p King Mays :Mathews McLean Me\\' illiams

1\fcCollum Price Pitts
~ellers
Thompson "',ard Womble

WEDNESDAY, JuLY 13, 1910.

301

Those voting in the negative were Messrs:

Akin Callaway of 29th Gordy Longley

McDowell Patterson Hutherford Hudieil

Stevens Wood

Those not voting were Messrs :

Bowen Calhoun Cates CPnley

r.win Morris McCurry JHcCluro

Slater Mr. President

Ayes, 23; Nays, 10.

The motion prevailed.

This bill was recommitted to the General Judiciary Committee.

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

The House has passed by the requisite Constitutional majority the following bill of the Senate, towit:

A bill to allow County Boards of Education to borrow money to pay salaries to public school teachers.

302

JOURNAL OF THE SENATE.

The following Special Committee report was read:
The Committee under a resolution of the Senate to investigate and report as to what majority is requisite to pass bills increasing the salaries of judges of the Supreme Court and the Solicitors-General, beg leave to submit the following report:
The language of the Constitution, Article 6, Section 13, Paragraph 2, is as follows:
''The General Assembly may at any time by a twothirds vote" of each branch, prescribe other and different salaries for any or all the above officers," (referring to judges of the Supreme Court, judges of the Superior Court and Solicitors-General).
The question therefore is, whether the words "twothirds vote of each branch" means two-thirds of the membership of the branch, or two-thirds of a quorum when lawfully in session.
The Constitution has indicated m a number of other instances what majority is required to pass measures or take affirmative action. Laws are enacted by ''a majority of the votes of aU the members elected to each House and it shall, in every instance, so appear on the Journal." Code Section 5777.
A member may be expelled by ''a vote of twothirds of the House to which he belongs." Code Section 5764.

uno. WEDNEsDAY, JuLY 13,

303

3. County sites may be changed by a two-thirds vote of the qualified voters of a county voting at an election held for that purpose and ''a two-thirds vote of the General .Assembly.'' Code Section 5927.
4. The Constitution itself may be amended when the proposal therefor ''shall be agreed to by twothirds of the members elected to each of the two Houses.'' Code Section 5940.
5. .A Constitutional convention cannot be called "unless by. the concurrence of two-thirds of all the members of each House of the General .Assembly." Code Section 5941.
6. .A bill may be re-passed (over Governor's veto) by two-thirds of each House. Section 5820. .Also Section 5819.
7. Until changed by a Constitutional amendment proposed in 1891 (.Acts 91, p. 59), a provision of the Constitution was that "no session of the General .Assembly shall continue longer than 40 days unless by a two-thirds vote of the whole number of each House.'' See Code of 1882, Section 5049.
Nothing is more manifest upon an examination of these different provisions of the Constitution with reference to the majorities requisite for legislative action than that the Constitutional Convention uses language very different as to some of these provisions, from what was used in other articles of the

304

JouRNAL -OJ<' THE SENATE.

same Constitution. It appears at the outset, and as bearing directly on the question under consideration, that no bill can pass ,without a Constitutional majority of the votes of all the members elected to each House; so that in the case under consideration it is beyond question that the bill to increase the salaries of the judges of the Supreme Court as well as the bill to change the salaries of solicitors-General must secure 23 votes in the Senate before these bills can be declared passed. The difference, however, in the provision of a ''two-thirds vote of each branch,'' prescribed as requisite for the passing of a bill to raise salaries, from the provision as to how the Constitution may be amended, is very striking. A twothirds vote of each branch may change the salary but an amendment to the Constitution can. be proposed only "by two-thirds of the memb~rs elected to each of the two Houses." Also note that a Constitutional Convention cannot be called "unless by concurrence of two-thirds of all the member~> of each House of the General Assembly."

Under the o,riginal Constitution of 1877 votes of two-thirds of all the members of each House were required in the following cases only:

1st. To propose a Constit1,1tional amendment; 2d, to call a Constitutional Convention; and 3d, to extend the session of the General Assembly beyond forty days. Besides these, all other two-thirds votes in the General Assembly had no provision expressly

WEDNESDAY, JULY 13, 1910.

305

contemplating a total membership of two-thirds of the entire membership of either House.

To properly construe the meaning of the Section of the Constitution under consideration prescribing the vote necessary to pass a bill as to judicial salaries, recourse should be had, if possible to legislative precedents of our own State. In the opinion of the Committee any method of construction established by the Georgia Legislature itself, especially if ad- . hered to without any material variation therefrom, would be most conclusive. The Committee thinks that the former legislatures in this State have set precedents that are directly in point and that have never, so far as the Committee can find, been departed from in the construction of Constitutional language such as that under consideration. Under the Constitution of 1868 a provision was made as follows: "Where the Constitution requires a vote of two-thirds of either of both Houses for the passage of an Act or resolution, the yeas and nays shall be entered in the Journal.'' Code of 1873 Section 5060. This same provision appears in the Code of 1895 Section 5783. The Constitution of 1868 provided for an amendment thereto "by a two-thirds vote of two successive legislatures and by a submission of the amendment to the qualified voters for final ratification."

Upon an examination of the Journal of the House and Senate where they were legislating under the

306

J OURNAI, 0}' THE SENATE.

Constitution of 1868 it will be found that the legislature uniformly passed bills proposing the ,Constitutional amendments by two-thirds of a quorum. We cite the following instances as two of the many that may be found upon a casual examination of the House and Senate Journals during the time between 1868 and 1877.

In the House of Representatives in 1872 there were ..at least 151 members who had been elected and qual-
ified. See vote on p. 378 of the House Journal, where 151 voted. In this same House, resolution to amend the Constitution so as to prohibit the payment of certain illegally endorsed bonds was declared passed by a vote of 63 to 29. House Journal 1872, p. 475. The Constitution of 1868 provided that "no bank could be chartered except by a vote of two-thirds of the General Assembly." See Code 1873 Section 5068. And yet the City Bank & Trust Company of Cartersville was chartered by a vote of 96 to 2 in the same House of Representatives, of which the total membership was at least 151. House J ournal1872, p. 404.

These instances are taken at random and indicate the universal rule of construction established and maintained in the Georgia Legislature between the years 1868 and the year 1877 in construing Constitutional language substantially identical with the language under consideration.

WEDNESDAY, Jui.Y 13, 1910.

307

In the opinion of the Committee these precedents will be sufficient to establish what the correct rule should be as binding the present General Assembly unless some other precedent could be shown as greater authority or unless it could be shown that the legislature has at any time adopted a different ru.le of construction.
We find, however, that the constructions by the Georgia Legislature which we have cited are in entire accord with the great bulk of authorities of the courts of last resort and text writers.
On the 7th of July, 1856, the Senate of the United States decided by a vote of 34 to 7 that two-thirds of a quorum only, were ;requisite to pass a bill over the President's veto and not two-thirds of the whole Senate. This was upon the constructions of the words in the Federal Constitution: two-thirds of the House." 8th Federal Statutes Annotated 339.
Judge Cooley in his work upon Constitutional Limitations, p. 201, announces this as the correct rule:
"Where the Constitution requires two-thirds vote for the passage of a particular class of bills, twothirds of a quorum will be understood unless the terms employed clearly indicate that this proportion of all the members or of those elected be intended.''
Judge Simmons of the Supreme Court of Georgia, who was himself a member of the Constitutional Con-

308

JOURNAL OF THI: SENATE.

vention of 1877, announces in the case of Garvin v. The City of Atlanta 86 Ga. 132, that: "We admit the common law rule to be that where an election is held and a majority or two-thirds vote is necessary, the majority or two-thirds vote of those voting at the election will be sufficient.''

We find besides these authorities decisions upon this precise question by the Supreme Court of the following States:

Louisiana, Indiana, Michigan, Missouri, Mississippi, New York-all of which follow the construction adhered to without variation by the Georgia Legislature and the Supreme Court of Georgia, and have been able to find only one State whose court of last resort conflicted in its opinion with the other authorities named.

We, therefore, conclude and announce that it is the opinion of this Committee that to pass a bill raising the salaries of the judges of the Supreme Court or changing the salaries of the solicitors-general in this State, it is necessary to secure, first, a majority of the members elected to each House and second, that the vote upon the bill shall show that two-thirds . of the members present and voting voted in favor of the bill.
H. A. MATHEWS,
W. H. BuRWELL.

WEDNESDAY, JULY 13, 1910.

309

The following minority report was submitted to the foregoing report of Special Committee to decide what constituted two-thirds vote:

I can not concur in the majority report on the question under consideration. I fully realize the fact that the position occupied by the other gentlemen of the Committee have great authority to sustain the position they take, really the majority of the authorities are in favor of their position, but I think the construction that would be placed on the clause under consideration by the people while voting for the adoption of the Constitution is the construction that the clause should receive and I believe that the ~onstruction or meaning given to said clause bythe people was that a two-thirds vote of all the members of both branches of the General Assembly is the true meaning of said clause. .There is no authority, so far as I have found in Georgia where the point was made and passed upon by the General Assembly.

Paragraph 1, Section 13, Article 6 of our Constitution provides that judges of the Supreme Court shall have, outof the treasury of the State, salaries not to exceed three thousand dollars per annum, etc.
Paragraph 2, says: The General Assembly may at any time, by a two-thirds vote of each branch, prescribe other and different salaries for any, or all of the above officers, but no such change shall effect the officers then in commission.

310

JouRNAL oF THE SENATE.

The question under consideration is the meaning of the clause, by a two-thirds vote of each branch.
Paragraph 1, Section 2, Article 3, of the Constitution says that "The Senate shall consist of fortyfour members. There shall be forty-four Senatorial districts, as now arranged by counties. Each district shall have one Senator.
This branch of the General Assembly then is composed of 44 members and two-thirds of this 44 is the idea that was controlling in the minds of the framers of the Constitution and in the minds of the people when adopting the Constitution in my opinion.
I do not believe that two-thirds of a branch of the General Assembly could refer to, or mean, a divided branch or a quorum of a ~ranch. I think that if any such meaning was intended there would have been something said that would have so indicated.
I recognize that there is considerable authority that seems to hold to the contrary view.
But I think the safest course to pursue is to adopt that course or meaning that the lay mind would understand the words to mean, or the number required to change the salaries.
I think that it was clearly the intention to require more votes in the General Assembly to change salaries than to pass an ordinary bill and to give to

.WEDNESDAY, JULY 13, 1910,

311

this clause a different meaning than that two-thirds of the whole number must vote to change salaries could in some instances mean slightly over one-third of the whole branch.

I, therefore, am of the opinion that to change the salaries of the judges of the Supreme Court and Solicitor-General, would require two-thirds vote of all the members elected to both branches of the General Assembly, and in order for the bills under consideration to pass the Senate, I think the same must receive at least two-thirds of all the members of the Senate, or in other words that the same must receive at least thirty votes.
s. E. GRIFFITH.
On the adoption of the report of the majority of the Committee the previous question was called and sustained, and on the adoption of this report the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs:

Akin Bowen Burwell Blackwell Burch Callaway of 29th Cates Day Gordy

Harrell King Longley
~fays
Morris Mathews McDowell McCurry UcClure

Patterson Price Rudicil t'!ellers Stevens Thompson w,ard Womble Wood

312

JouRNAL oF THE SENATE.

Those voting in the negative were Messrs:

Griffith Harben Irwin .Jackson

Kmp McLean :McWilliams ]\[cCollum

Pitts Rutherford

rrlwse not voting were Messrs:

Callaway of lOth Calhoun

Conley Johnson

Slate!' Mr. President

Ayes, 27; Nays, 10.

The majority report was adopted.
Mr. Callaway, Chairman of the Committee on Counties and County Matters, submits the following report=
Mr. Presid1ent:
The Committee on Counties and County Matters has had under consideration the following House bill, which I am instructed to report back to the Senate with the recommendation that tlie same do pass, to-wit:

A bill to be entitled an Act to repeal the Act cret,ting a Board of Roads and Revenues for the County of Cherokee and for other purposes.
R. D. CALLAWAY, Chairman.

WEDNESDAY, JULY 13, 1910.

313

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

Mr. President:

The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House of Representatives, the following Senate bills and resolutions, to-wit:

A bill to create the City of Cuthbert m lieu of the Mayor and Council of Cuthbert.

A bill to amend an Act to provide for the acceptance by the State of Georgia of the property known as the Confederate Soldiers' Home of Georgia.

A resolution approving the "Worlds Panama Exposition," and endorsing New Orleans, La., as the logical location for the same.

A resolution for the preservation of the states two engines the ''Texas'' and ''The General.''

Respectfully s,uhmitted, L. F. PATTERSON, Chairman.

Mr. Rudicil, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

314

JOURNAL OF THE SENATE.

Mr. PresicPent:
The Committee <!n Hygiene and Sanitation has had under consideration the following Senate bill, which I am instructed to report back to the Senate with the-recommendation that the same do pass, by substitute, to-wit:
A bill to amend Section 1496 of the Code of 1895, in reference to pharmacists' license, and for other purposes.
Respectfully submitted,
R. Y. RumciL, Chairman.
Mr. Griffith, Vice-Chairman of the General Judiciary Committee, submitted the following report:
Mr. Presidlent:
The General Judiciary Committee has had under consideration the following bill of the House, which it instructs me to report back to the Senate with the recommendation that the same do pass.
A bill to increase the number of terms of Whitfield Superior Court.
The Committee also recommend that the following Senate and House bill do pass as amended.
A bill to rearrange the Judicial Circuits of this State.

WEDNESDAY, JULY 13, 1910.

315

A bill to fix the fees paid by Fire and Storm Insurance Companies doing business in 4 counties of this State.

The Committee also recommends .that the following Senate bill do not pass :

A bill to amend' Section 2426 of the Code of 1895 and to strike Section 2427 of the' Civil Code of 1895.
Respectfully submitted,
E. S. GRIFFITH, Vice-Chairman.

Mr. Slater, Chairman of the Committee on Finance, submitted the following report:

Mr. Presidtent:

The Committee on Finance has had under con- sideration the following Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, as amended, towit:
A bill to provide for State and County Boards of Tax Returns and Valuations.
Respectfully submitted,
W. F. SLATER, Chairman.

316

JouRNAL OF THe SENATE.

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

Mr. President:
The Committee on Corporations has had under consideration the following House bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:

A bill to amend the charter of the City of Union Point.

The Committee has also had under consideration the following Senate bills, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:

A bill to incorporate the town of Alston, m the county of Montgomery.

A bill to amend the charter of the town of White Plains, in the County of Greene.
Respectfully submitted,
JNo. R. IRWIN, Chairman.
Mr. Thompson, Chairman of the Committee on Constitutional Amendments submitted the follow- ing report:

WEDNE8DAY, JULY 13, 1910.

317

Mr. Presideut:
The Committe~ on Constitutional Amendments has had under consideration the following Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:

A bill to provide an amendment to the Constitution making the salary of the State School Commissioner $3,000 per annum.

Respectfully submitted, HowARD THOMPSON, Chairman.

Mr. MeWilliams, Chairman of Committee on Education, submits the following report: Mr. President:

Your Committee on Education has had under consideration the following Senate bill and instruct me as their Chairman to report the same back to the Senate withthe recommendation that it do pass:
A bill to be entitled an Act to exewpt from examination all graduates from State institutions and for other purposes.
Respectfully submitted,
McWILLIAMs, Chairman.

318

JOURNAL OF THE SENATE.

~rhe following Senate bills were read 2nd time:
By Mr. Price-
'
A bill to amend Section 1496 of Code which prescribes the qualifications of applicants for Pharmacists license.
By Mr. McCurry-
A bill to exempt from examination graduates from the educational institutions supported by the State and for other purposes.
On motion the Senate adjourned until tomorrow morning at 10 o'clock.

THURSDAY, JULY 14, 1910.

319

SENATE CHAMBER, ATLANTA, GEORGIA, THURSDAY, July 14, 1910.

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

Prayer was offered by the chaplain.

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

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Cates Conley Day Gordy Griffith H&rrell Harben

Johnson .}ackson Kemp King Longley l\Iays Morris Mathews McLean McDowell McCurry McWilliams McCollum McClure

Patterson Price Pitts Rutherford R.udicil Slater Sellers Stevens Thompson W1ard Womble Wood M.r. President

Those absent were Messrs:

Calhoun

Irwin

The Journal of yesterday was read and approved.

By unanimous consent the following Senate bill was taken up with House amendment and the amendment was adopted.

320

JouRNAL OF THE SENATE.

By Mr. McWilliams-
A bill to authorize the County Boards of Education to borrow money to pay school teachers.
The amendment is as follows:
Amend Section 1 by adding at the end of said Section the following provision, to-wit:
Provided, That no Board of Education shall have , authority under this Act to borrow a sum of money greater in the aggregate than the sum to which the eounty may be entitled from the public school fund.
The following special order was taken up, whieh is as follows:
By Messrs. Gordy, Harrell and Womble-
A bill to fix the salary of the Solicitors-General of the several judicial circuits of this State.
Mr. Price moved that this bill be referred to a Committee of three lawyers for the purp~se of perfecting same.
Mr. Harrell moved to amend the motion by directing the Committee to report the bill back by tomorrow morning's session.
The amendment waR adopted.

'THURSDAY, JuLY 14, 1910.

321

On the adoption of the motion as amended the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs:

Akin Bowen Burwell Burch Callaway of lOth Callaway of 29th Cates Conley !Jay Gordy

Griffith Johnson Jackson Kemp King McLean McDowell
~fcCollum
McClure Patterson

Price Pitts Rutherford Rudicil Slater Stevens Thompson Wlllrd Womble

Those voting in the negative were Messrs:

Blackwell Harrell Longley

Mathews Me Cuny McWilliams

Sellers Wood

Those not voting were Messrs:

Calhoun Harben

Irwin Mays

Ayes, 29; Nays, 8.

Morris Mr. President

The motion was adopted.

The Committee is composed of Senators Thompson, Mathews and Harrell.

322

JOURNAL OF THE SENATE.

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

Mr. Presidoot:

The House has passed by the requisite Constitutional majority the following bills of the House, towit:
A bill to amend Act establishing public system for Lithonia.

A bill to amend Act creating Board of County Commissioners for counties of Spalding and Butts.
A bill to create new charter for town of Worth.
A bill to amend charter of city of Cairo.
A bill to authorize the county of Hall to issue bonds to build roads, bridges, etc.

A bill to provide for a system of registration for city of Fort Gaines.
A bill to amend Section 982, Volume 1, Code of 1895, so as to add Gordon to list of State depositories.
A bill to amend Act to e13tablish City Court of Ashburn.

'l'HURSDAY, JULY 14, 1910.

323

A bill to amehd Act creating City Court of Floyd county.

The House has also passed by the requisite Constitutional majority the following resolutions of the House, to-wit:
A resolution to refund J. C. ltogers $210.00 on bond of Eddie Harris.
A resolution to ratify the 16th amendment to the Constitution of the United States.

The following Senate bill was read 2nd time:
By Mr. McCurry-
A bill to rearrange the several judicial circuits of this State and to provide for a new judicial circuit of this State.
The following joint resolution was read:
By Mr. Jackson-
Re;;olved, That a Committee of three from the Senate and five from the House be appointed to investigate the accounts of the Prison Commission, and for other purposes.
Referred to Committee on General Judiciary.

3~4

JOURNAL OF TH !:) SENATE.

By unanimous consent the following House bill was read 2nd time :

By Mr. Tarver-

A bill to increase the number of terms of Whit-
field county Superior Court.
.
The following Senate bill was read 3rd time and put upon its passage:

By Mr. Stephens-

A bill to incorporate the city of Crawford in the county of Oglethorpe.

Report of the Committee was agreed to.

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

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

Amend by adding in Section 15 after the words of one of their number the following words or by electing thereto some citizen of the city of Crawford.
Amend by striking one mile and inserting 1025 yards in lieu wherever the words one mile occurs.
The following Senate bill was read 1st time:

THURSDAY, JULY 14, 1910.

. 325

By Mr. Womble-
A bill to amend Section 2615 of the Code.
Referred to Committee on Special Judiciary.
The following House bills were read 2nd time:
By Mr. BellA bill to repeal the Act creating the Board of
Roads and Revenues for Cherokee county.
By Mr. MeWhorterA bill to amend the Act incorporating the city of
Union Point. The following Senate bill was read 1st time :
By Mr. McClureA bill to amend Section 982 of the Code by adding
Canton to the list of State depositories. Referred to Committee on Banks and Banking.
Mr. President: The Committee on Railroads has had under con-
sideration the following Senate bills, to-wit: Bill No. 233, by Senator Callaway, of the 29th-

326

JouRNAL OF THE SENATE.

Entitled an Act to amend an Act approved August 17th, 1903, amending Section 2166 of the Code of Georgia of 1895 by fixing the period for the exercise of the powers and privileges conferred by the certificate of incorporation of railroad companies as therein provided for, at three years instead of two years, and by making this amendment apply to ail certificates heretofore granted, which are still of force under the extension provided for in said amendment of August 17th, 1903, which I am instructed, as Chairman, to report back said bill with a recommendation that the same do pass. Also

A bill by Mr. Mayo of the 26th-Entitled an Act to amend an Act entitled "An Act to authorize electric, street, suburban and inter-urban railroad companies to acquire by purchase, lease, consolidation or merger, the stock, property, rights and franchises of other such companies, and of companies formed to generate electricity, and to authorize any such companies to guarantee, acquire, own, hold, mortgage, pledge, sell, assign, transfer or otherwise dispose of any or all of the capital stock, bonds, securities or other evidences of indebtedness of other such corporations, and to issue stock, bonds and other obligations and secure the same by mortgage or otherwise, and for other purposes, approved August 11th, 1909, by further authorizing any such electric railroad or .power company to dispose in like manner of its property, rights and franchises. Your Committee instruct me, as Chairman to re-

THURSDAY, JULY 14, 1910..

327

port back said bill with a recommendation do pass

as amended. Also



A bill by Mr. Price of the 27-Entitled an Act to amend Section 420 of the Penal Code of Georgia, and Acts amendatory thereof, prohibiting the running of freight trains on the Sabbath, except as therein permitted by adding thereto an additional paragraph numbered five, so as to permit the running of solid through trains destined to points beyond the State and the handling thereon of cars loaded or empties used for transportation of perishable freight and live stock I am instructed by your Committee, as Chairman thereof, to report back the bill with a recommendation that the same do pass as amended.
F. M. LoNGLEY, Chairman.

Thefollowing House bills were read 1st time:

By Messrs. Smith and Kennedy-

A bill to amend the Act incorporating the city of Hagan in Tatnall c-ounty.

Referred to Committee on Corporations.

By Mr. Hatfield-
A bill to amend an Act to establish the City Court of Douglas in Coffee co.unty.

328

JouRNAL OF THB SENATE.

Referred to Committee on General Judiciary.

Senate Bill No. 108 was recommitted to the General Judiciary Committee.

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

Mr. Presi(/)ent:
The Committee on Special Judiciary has had under consideration the following Senate bill which they instruct me to report back to the Senate with the recommendation that the same do pass, to-wit:

A bill (No. 229) An Act to amend an Act to create a charter of the city of Sparta approved August 7th, 1905, and to define and extend the corporate limit of said city.

The Committee has had under consideration the following House bill which they instruct me to report the same back to the Senate with the rec~ mendation that the same do pass.
A bill (No. 781) An Act to amend an Act establishing the City Court of Greenville, Georgia.
Respectfully submitted,
M. D. WoMBLE, Chairman.

THURSDAY, JULY 14, 1910.

329

Mr. Callaway, Chairman of Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following Senate bill and instruct me, as their Chairman, to report the same back to the Senate ;with the recommendation that it do pass.
A bill to be entitled an Act to provide for fishways for the passage of fish over dams and for the erection and maintenance of same, and for other purposes.
Respectfully submitted,
R. D. CALLAWAY, Chairman.
July 14, 1910.

The following Senate bills were read 3rd time and put upon their passage:
By Mr. Mathews-
A bill to repeal an Act incorporating the town of Roberta.
Report of the Committee was agreed to.

330

JouRNAL OF THE SENATE.

Upon the passage of the bill the ayes were 31, nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Mathews-
A bill to incorporate the city of Roberta.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 31, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended.
The amendments are as follows :
Tl1e damages shall be assessed by the freeholders appointed by the Mayor and Aldermen unless they can not agree, in which last case said two freeholders shall call in an umpire who shall be a freeholder and this then shall act in assessing the damages.
And upon the payment or in case of the refusal of the payment then upon the tender of the award of the assessors of the word upon such streets, lanes or alleys in said city shall proceed.
.Amend Section 55 by striking out all of the same

THURSDAY, JuLY 14, 1910.

331

between the word sales in the 13th line and the word ''In'' in the 19th line.

Amend Section 55 further by inserting at the end of line 10 after the words ''levied on'' the words ''or so much as may be necessary.'' Also by inserting after the word sales in the 13th line the words ''and shall make to the purchaser a deed to said property, which shall be effectual to pass the title to the same.
Amend Section 56 by striking out all after the word same in the 2nd line down to and including the word fi. fa. in the 7th line, and inserting in lieu thereof the following: That when any real estate is sold as provided in this Act by the Marshal or Chief of Police of said city for taxes.

Amend Section 8 by inserting in line 5 between the words ''over'' and on the words to the proper tribunal.
Amend Section 26 in line 12 by inserting after the word "table" and before the word "of" the words or ''table.''
Amend Section 29 by striking out of the same a11 after the word "Roberta" in the 7th line.
Amend Section 30 by striking out all after the word Roberta in the 8th line.

332

JouRNAL OF THio: SENATE.

Amend Section 33 by striking out of line 8 the word ''said'' and insert in lieu thereof the word any. Also by striking out of said Section all words after the word election in the 11th line and before 1he word "that" in the 13th line. Also by striking out of line 19 the words "as each. other" and inserting in lieu thereof the words ''or by each to the other.''

Amend SectioL. 42 by striking out of the same all after the word taken in the 8th line and inserting in lieu thereof the words : ''Provided if said four freeholders shall fail to agree they shall select an umpire and the five shall Act in assessing the damages a majoriiy of the five shall decide. And provided further that if the property owner or owners fail or refuse in said five days to appoint two freeholders.

Amend Section 57 by striking out of the 3rd line the words ''a municipal corporation,'' and inserting in lieu thereof the words ''said city of Roberta.'' Also, amend said Section by striking out of line 8 and 9 the word corporation where it occurs in said lines, and insert in lieu thereof the word city. Also, by striking out the word corporation where it occurs in .the 10, 12, 13 lines and inserting in lieu thereof the word city.
Also, by striking out all of said Section after the word owners in the 16th line.

THURSDAY, JULY 14, 1910.

333

Amend the bill by striking out Sections 19, 31 and 58, and renumbering the remaining Sections accordingly.

By Mr. Akin-
A bill to promote the public health, convenience and welfare by leveling, ditching and draining the wet swamp lands of this State.

Report of the Committee was agreed to.
Upon 1he passage of the bill the ayes were 34; nays, 0.
The bill having received the requisite Constitutional majority was passed.
This bill was ordered immediately transmitted to the House.
The following Senate Bills were read the 1st time.
By Mr. Mathews-
A bill to provide for the proper protection of sinking funds of municipal corporations of this State.
Referred to Committee on General Judiciary.

334

JOURNAL OF THE SENATE.

By M;r. Ward~
A bill to prohibit the betting of money or other. thing of value upon elections in this State.
Referred to Committee on General Judiciary.
The following Senate bill was read the 2nd time.
By Mr. Johnson-
A bill to amend an Act to reincorporate the town of White Plains in Green county.
The following resolution was read and adopted:
By Mr. Mathews -
A resolution appointing a Committee of three to have the electric fans started.
Committee is composed of Senators Akin, Patterson and Bowen.
On motion the Senate adjourned until to-morrow morning at 10 o'clock.

FRIDAY, JuLY 15, 1910.

335

SENATE CHAMBER, ATLANTA, GEORGIA,

FRIDAY, JuLY 15, 1910.

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

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell Blackwell Burch Gallaway of lOth Callaway of 29th Cates Conley Day Gordy Griffith Harrell Harben

Irwin Johnson ,Tackson Kemp King Lungley Mays Morris Mathews 1\IcLean McDowell McCurry McWilliams McCollum

McClure Patterson Price Rutherford Rudicil Slater
~Pliers
Stevens Thompson
W~&rd
Womble Wood M.r. President

'!'hose absent were Messrs:

Calhoun

Pitts

The Journal of yesterday was read and approved.
By unanimous consent the following House Bill was read 3rd time and put upon its passage:

336

JoURNAL OF THE SENATE.

By Mr. MeWhorter-
A bill to amend the Act incorporating the city of
Union Point.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23 ; nays, 0.
The bill having received the requisite Constitutional majority was passed.
The follo~ing House bill was read 2nd time:
By Mr. Jones-
A bill to amend the Act establishing the City Court of Greenville.
The following Senate Bills were read 2nd time:
By Messrs. Mathews and Akin-
A bill to provide for State and County Board of Tax Returns and Valuations .and prescribe the duties of said Boards.
B,Y Mr. Price. A bill to amend Section 420 of the Penal Code of
Georgia~

FRIDAY, JULY 15, 1910.

337

By Mr:Mays-
A bill to amend an Act to authorize electric street suburban and interurban railroad companies to acquire by purchase, lease, consolidation or merger the stock, property rights and franchises of other such companies and for other purposes.
By Mr. Calhoun-
A bill to incorporate the town of Alston in Montgomery County.
By Mr Slater-
A bill to amend the Constitution of the State so as
to make the salary of State School Commissioner $3,000.
By Mr. Burwell-
A bill to amend the Act to create the charter for the city of Sparta.
By Mr. Callaway, lOth-
A bill to provide for fish ways for the passage of fish over dams, and fo'r other purposes.
By Mr. Callaway, 29th-
A bill to amend an Act approved August 17th, 1903, amending Section 2166 of the Code.

338

JOURNAL OF THE SENATE.

By Mr. Mathews-
A bill to provide for the proper protection of sink-
ing funds of municipalities and for other purposes.

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

Mr. President :
The Committee on General Judiciary has had under consideration the following House Bills which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:

A bill to change the time of holding the fall term of the Superior Court of Liberty County.
A bill to amend an Act to establish the City Court of Douglas, Coffee- County~

The Committee has had under consideration the ' following Senate Bill, which I am instructed to re-
port back to the Senate with the recommendation that the same do pass, as amended, to-wit:
A bill to provide for the proper protection of sinking funds of municipal corporations.
The Committee has had under consideration the following Senate Bill, which I am. instructed to re-

FRIDAY, JuLY 15, 1910.

339

port back to the Senate with the recommendation that the same do not pass,}o-wit:
A bill declaring it a misdemeanor to draw or utter any check, draft, etc., when the drawer has not sufficient funds to meet the same.
Respectfully submitted,
H. A. MATHEws, Chairman.

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

Mr. President:
The Committee .on General Judiciary has had under consideration the following House bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:

A bill to provide for the qualificatio11 of managers of elections in towns and cities of this State.

Respectfully submitted, H. A. MATHEws, Chairman.

Mr. Thompson, Chairman of the Committee on Constitutional Amendments, submitted the following report:

340

JouRNAL oF THE SENATE.

Mr. P1esident:

The Committee on Constitutional Amendments has had under consideration the following Senate Bill which I am instructed to report back to the Senate with the recommendation that the same do not pass, to-wit:

A bill to amend the Constitution of Georgia by repealing Paragraph 1, of Section 9, of Article 3, and inserting a new Section fixing the compensation of members of the General Assembly.
Respectfully submitted,
HowARD THOMPSON, Chairman.
Mr Presidlen t :
The special Committee appointed by the Senate to consider and report on Senate Bill No. 197 (said Committee being composed of Senators Thompson, Harrell and Mathews) beg leave to submit the following report :
1st. We recommend the adoption of the amendment to said bill propo~ed by Senators Womble and Gordy, with the amendments thereto herewith recommended.

FRIDAY, JuLY 15, 1910.

341

2nd. We recommend the passage of the bill as so amended.
Respectfully submitted,

HowARD THOMPSON, G. Y. HARRELL, H. A. MATHEWS,
Committee.

Senator Mathews, of the 23rd, Chairman of the Committee on General Judiciary, submitted the following report:

Mr President:

The Committee on General Judiciary has had under consideration the following Senate Bill and . instruct me to report the same with recommendation that it do not pass.

Senate Bill No. 203-A bill to prescribe legal effect of instruments in the form of bank checks payable at a fixed date.

Respectfully submitted,

H. A. MATHEws, Chairman.

342

JOURNAL OF THE SENATE.

The following House Bills were read 2nd time:

By Mr. Hall-
A bill to regulate pleadings in regard to the manner in which negligence may be alleged in cases where a presumption thereof arises upon proof of given facts or circumstances.

By Messrs. Fullbright and White-
A bill to prohibit pistol carrying except under certain conditions.

By Mr. Alexander-
A bill to require certain duties of the Railroad Commission _pertaining to the Western and Atlantic Railroad.
By Mr. McMichael-
A bill to create the office of Commissioner of Roads and Revenues for Butts County.

By Mr. McMichael-
A bill to repeal the Act creating the Board of Commissioner of Roads and Revenues for Butts County.

FRIDAY, JULY 15, 1910.

343

By Mr. McCarthy-
A bill to provide for the qualification of managers of elections in town and cities of this State.
.,.,._,_ __
By Mr. Harrington-
..
A bill to change the time of holding the fall term of the Superior Court of Liberty County.
~ ;.._;.;,.,.; ..
By Mr. Mcintyre- .
A bill to fix the fees to be paid by local Fire and Storm Assessment Insurance Companies doing business in four counties of this State'.

By Mr. Hatfield-

A bill to amend an Act to establish the City Court of Douglas in Coffee County.

By Mr. Johnson-

A bill to create a Board of Commissioners of Roads, Bridges and Revenues for Jeff Davis county.

This bill was re-committed to Committee on Counties and County Matters.

The following message was received from the

'~
..

House through Mr. :Boifl;luillet, the Clerk thereof;

('

344

JOURNAL OF THE SENATE.

The House has passed by the requisite Constitutional majority the following bills of the Senate, towit:

A bill to repeal Act to incorporate the town of Crawford.

A bill to incorporate the town of Uvalda.

The house has also passed by the requisite Constitutional majority the following bill of the Senate, as amended, to-wit:
A bill to incorporate the town of Jasper.
The House has passed by the requisite Constitutional majority the following bills of the House, towit:
A bill to appropriate $35,000.00 to the Georgia Normal and Industrial School.
A bill to amend Act establishing City Court of Sylvester.
The following special order was taken up which is as follows :
By Messrs. Gordy, Harrell and Womble-

FRIDAY, JuLY 15, 1910.

345

A bill to fix the salaries of the Solicitors- General of the Superior Courts of this State at $3,000 per annum.

The previous question on the bill and amendments was called and the call sustained, and the main question was ordered.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs:

Akin Bowen HlackweU Callaway of lOth Callaway of 29th Cates Gordy

Harrell Jlhnson .Jackson Kemp King Mays :Mathews

McLean 1\fcCurry
l'~cWilliams
Me Collum Price E:Pilers Womble

Those voting in the negative were Messrs:

Burwell Burch Conley Jlay Griffith

Longley Morris McClure Rudicil Slater

Stevens Thompson Ward \\'ood

Those not voting were Messrs :

Calhoun Harben Irwin

McDowell Patterson Pitts

Ayes, 21; Nays, 14.

Rutherford Mr. President

346

JouRNAL OF THE SENATE.

The bill not having received the requisite Constitutional majority, was lost.

Mr. Harrell gave notice that at the proper time he would m~ve to re-consider the action of the Senate in defeating this bill.

Mr. Conley, Chairman of the Committe~ on Enrollment, submitted the following report:
Mr. Pr~sident:

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 Act to allow County Boards of Education to borrow money to pay salaries of public scbool teachers.
Respectfully submitted,

F. E. CoNLEY, Chairman.
Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:
Mr. PresidJent:
The Committee on Enrollment report as being duly signed by the President of the Senate and the

FRIDAY, JULY 15, 1910.

347

Speaker of the House of Representatives, and transmitted to the Governor, the following Act, to-wit:
An Act to allow County Boards of Education to borrow money to pay salaries of public School teachers.
Respectfully submitted,
F. E. CoNLEY, Chairman.
The following resolution was read and adopted:
By Mr. Morris-
Resolved, That when the Senate adjourn to-day it stand adjourned until Monday morning at 11 o'clock.
By unanimous consent the following Senate bill was taken up with House amendment, and the amendments were concurred in:
By Mr. Day-
A bill to incorporate the town of Jasper m the county of Pickens.
The amendment is as follows:
By striking the words one-half in line three, in Section 2, of said bill and insert in lieu thereof the words three-fourths of.

348

JOURNAL OF THB SENATE.

The following Senate bills were read 1st time:
By Mr. Sellers-
A bill to make it unlawful to publish the name of the woman or maid upon whom the crime of rape has been committed.
Referred to Committee on General Judiciary By Mr. Day-
A bill to establish the City Court of Ellijay in the county of Gilmer.
Referred to Committee on Corporations.
On. motion the Senate adjourned until Monday morning at 11 o'clock.

MoNDAY, JuLY 18, 1910.

349

SENATE CHAMBER, ATLANTA, GEORGIA,
MoNDAY, JuLY 18, 1910.

The Senate met pursuant to adjournment at 11 o'clock a. m., 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 Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Conley Day Gordy Griffith Harrell

Harben Irwin Johnson Jackson
K~mp
King Longley :Mays ?!Iorris !fathews McLean McDowell McCurry

McWilliams McCollum :McClure Price Rutherford f;> llers Stevens Thompson W'ard Womble Wood Mr. President

Those absent were Messrs:

Cates Patterson

Pitts Rudicil

Slater

The Journal of Friday was read and approved.

Mr. Gordy moved to reconsider the action of the Senate upon the following Senate Bill, to-wit:

350

JOURNAL OF THE SENATE.

By Messrs. Gordy, Harrell and Womble-

A bill to fix the salary of the Solicitors-General of the several circuits of this State.

The motion was agreed to and the bill re-considered.

Senate Bill No. 29, fixing the salaries of Justices of the Supreme Court was made a special and continuing order for to-morrow immediately after reading the Journal.

The following Senate Bill was read 3rd time tmd put upon its passage:

By Mr. Johnson-

A bill to amend an Act to incorporate the town of White Plains.

The report of the Committee was agreed to.

Upon the passage of the bill the ayes w.ere 29; nays, 0.

The bill having received the requisite Constitutional majority was passed.

The following House Bill was read the 3rd time

to be put upon its passage:

,

MoNDAY, JuLY 18, 1910.

351

By Mr. Jones, of Meriwether-
A billto amend an Act establishing the City Court of Greenville.
The report of the Committee was agreed to.
Upon the passage of the billthe ayes were 31; nays, 0.
The bill having received the requisite Constitutiona1 majority was passed.
Upon motion of Mr. McCollum, House Bill No. 781 was ordered immediately transmitted to the House of Representatives.
Upon request of Mr. Kemp, Senate Bill No. 142 was withdrawn.
The following Senate Bills were read the first time:
By Messrs. Slater, Morris and Slaton-
A bill to amend Paragraph 1, of Section 13, of Article 6 of the Constitution of Georgia, regulating the salaries of Judges of Supreme and Superior Courts.
Referred to Committee on Constitutional Amendments.

352

JouRNAL OF THE SENATE.

By Mr. Pitts-
A bill to amend the charter of the city of Dalton.
Referred to Committee on Corporations. By Messrs. Gordy, Womble and Ward-
A bill to provide for putting Solicitors of City Courts upon salaries.
Referred to Committee on Special Judiciary. By Mr. McLean -
A bill to pay witnesses for the State, who reside in the county when they are subpamred.
Referred to Committee on General Judiciary. By Mr. Griffith-
A bill to prohibit furnishing or exhibiting to any female, any writing containing vulgar language.
Referred to Committee on General Judiciary. By Mr. Griffith-
A bill to authorize County Boards of Education to condemn lands for public. schools.
Referred to Committee on Education.

MoNDAY, JuLY 18, 1910.

353

By Mr. Griffith-
A bill to amend Paragraph 1, Section 9, Article 6, of the Constitution, so as to strike certain words.
Referred to Committee on Constitutional Amendments.
Mr. Rutherford, Vice-Chairman of the Committee on Engrossing, submitted the following report:

Mr. President :
The Committee on Engrossing has examined and found properly engrossed and ready for transmis&ion to the House, the following Senate Bills, to-wit:
A bill to repeal an Act to incorporate the town of Roberta, in the county of Crawford.
A bill to incorporate the city of Roberta, in the county of Crawford.
A bill to incorporate the city of Crawford, in the county of Oglethorpe.
A bill to promote the public health by leveling and ditching wet, swamp lands.
Respectfully submitted,
S. RuTHERFORD, Vice-Chairman.

354

Jou:aNAL oF THE SENATE.

By unanimous consent the following Senate Bill was read the third time to be put upon its passage.

By Mr. Burwell-
A bill to amend the charter of the city of Sparta.
The report of the Committee was agreed to.
Upon the passage of the bill the ayes were 31; nays, 0.
The bill having received the requisite Constitutional majority was passed.
The following House Bills were read the third time to be put upon their passage :

By Mr.. Bell, of Cherokee-
A bill to repeal the Act creating a Board of Roads nnd Revenues for the cou.nty of Cherokee.
The report of the Committee was agreed to.
Upon the passage of the bill the ayes were 31 ; nays, 0.
The bill having received the requisite Constitutional majority was passed.

MoNDAY, JuLY 18, 1910.

355

By Mr. Hatfield-
A bill to amend an Act to establish the City Court of Douglas, Coffee county.
The report of the Committee was agreed to.
Upon the passage of the bill the ayes were 32; nays, 0.
The bill having received the requisite Constitu- . tional majority was passed.
By unanimous consent the following Senate Bill was read the 3rd time and put upon its passage:

By Mr. Price-:-
A bill to amend Section 420 of the Penal Code and Acts amendatory thereof, prohibiting the running of freight trains on the Sabbath.
The report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill was passed as amendea and the amendments are as follows:
'
Amend the bill by striking out as the number of the first Section the number '' 5'' and inserting in lieu thereof the word and figure ''Section 1. ''

356

JouRNAL oF THE SENATE.

Amend by striking out of lines 12 and 13 the words ''and destined for some point or points beyond the limits of the State of Georgia" and inserting in lieu thereof the following words: ''which start from points outside the State of Georgia, or are made up in this State at any point therein, destined to points without this State."
By unanimous consent the following Senate Bill was read the 3rd time to be put upon its passage:

By Messrs. McCurry and Griffith-
A bill to provide for the re-arrangement of the Judicial Circuit of this State.
The report of the Committee was agreed to as amended.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill was passed as amended and the amendments were as follows:
Amend by striking the county of Toombs from the Second Judicial Circuit and adding the same to the Tenth Judicial Circuit, so that the second Judicial Circuit will be composed of the counties of Bryan, Bulloch, Effingham, Liberty and Tattnall, and th3 tenth Judicial Circuit will be composed of the coun-

MoNDAY, JuLY 18, 1910.

357

ties of Emanuel, Jefferson, Jenkins, Johnson, Screven, Toombs and Washington.

Amend further by striking the county of Lee from the seventh Judicial Circuit and by adding same to the fourteenth Judicial Circuit, so that the seventh Judicial Circuit shall be composed of the counties of Calhoun, Clay, Early, Quitman, Randolph and Terrell, and the fourteenth Judicial Circuit shall be composed of the counties of Lee, Macon, Schley, Stewart, Sumter and Webster.

Amend further by striking the county of Chattahoochee from the fourteenth Judicial Circuit and by adding the same to the fifteenth Judicial Circuit, and by striking the county of Harris from the sixteenth Judicial Circuit and adding the same .to the fifteenth Judicial Circuit, so that the fifteenth Judicial Circuit shall be composed of the counties of Chattahoochee, Harris, Marion, Muscogee, Talbot and Taylor.

Amend further by striking the county of Columbia. and McDuffie from the nineteenth Judicial Circuit and by adding the same to the eleventh Judicial Circuit, so that the eleventh Judicial Circuit shall be composed of the counties of McDuffie, Columbia, Burke and Richmond, and the nineteenth Judicial Circuit shal be composed of the counties of Glasscock, Lincoln, Taliaferro, Warren and Wilkes.

358

JouRNAL oF THE SENATE.

Amend further by striking the county of Carroll from the twenty-fifth Judicial Circuit and by adding 1he same to the sixteenth Judicial Circuit, so that the sixteenth Judicial Circuit will be composed of the counties of Carroll, Coweta, Heard, Meriwether and Troup, and the twenty-fifth Judicial Circuit will be composed of the counties of Douglas, Haralson, Paulding and ~olk.
Amend further by striking the county of Banks from the twentieth Judicial Circuit and by adding the same to the eighteenth Judicial Circuit, so that the eighteenth Judicial Circuit shall be composed of the counties of Banks, Clarke,' Gwinnett, Jackson, Oconee and Walton, and the twentieth Judicial Circuit shall be composed of the counties of Elbert, Hart, Franklin; Madison and Oglethorpe.
Amend further by striking county of Mcintosh from the third Judicial Circuit and adding the same to the second Judicial Circuit.
Amend Section 1, 'by adding thereto the following: Provided, when by law any Judge of another circuit is directed or permitted to preside in any other cirmit, said law shall continue to be operative as if there had been no change of the name or counties of any .circuits.
Amend by striking the county of Turner from the eighth Judicial Circuit and putting it in the 6th Judicial Circuit.

MoNDAY, JuLY 18, 1910.

359

Amend by striking out Echols County from the fourth Circuit and putting it in the fifth Circuit, heretofore known as the Southern Circuit.
Amend the bill by striking out by numbers and insert in lieu thereof the names of the Circuits as they now exist.
Amend further by striking out the words nineteenth Judicial Circuit and insert in lieu thereof ''Toombs Circuit.''
By unanimous consent the following Senate Bill was read the 3rd time to be put upon its passage.

By Mr. Sellers-

A bill to prohibit the exhibition of moving pic. tures or similar devices, representing or intending to represent fights or boxing contests between whites and negroes, and for other purposes.

The report of the Committee as amended was agreed to.

Upon the passage of the bill the ayes were 27;

nays, 0.

.

The bill was passed as amended and the amend-

. ments were as follows:

Amend by striking the words ''fights or boxing eontests between whites and negroes" in the caption

360

JouRNAL OF THE SENATE.

and inserting in lieu thereof the words ''any prizefight or boxing contest between members of different races.''
Amend by striking the words ''fights or boxing contests between negroes and whites, or between a white person and a negro in Section 1, in line six and seven thereof, and inserting in lieu thereof the words ''any prize-fight or boxing contest between members of different races."
Senate Bill No. 198 was made the special and continuing order for Wednesday morning immediately after reading the Journal.
The following resolution was read:

By Messrs. Gordy, Sellers and McLean-

A resolution fixing the hours of convening of the Senate at 9:30 instead of 10 o'clock a. m.

Upon the adoption of the resolution the ayes and nays were ordered.

The vote was as follows:

Those voting in the affirmative were Messrs:

Conley Day Gordy llarben

Kemp King Mathews McLean

McCollum Sellers Womble Wood

MoNDAY, JuLY 18, 1910.

361

Those voting in the negative were Messrs:

Akin Bowen Callaway of lOth Callaway of 29th Griffith Harrell

Irwin Jackson Longley Morris McCurry McWilliams

McClure Price Stevens Thompson Ward

Those not voting were Messrs :

Burwell Blackwell Burch Calhoun Cates

Johnson Mays l\1cDowell Patterson Pitts

Rutherford nudicil Slater Mr. President

Ayes, 12; nays, 17.

The resolution was lost.

The following House Bills were read the 1st time:

By Mr. Wight, of GradyA bill to amend the charter of the city of Cairo. Referred to Committee on Corporations.

By Mr. Williams, of MadisonA bill to incorporate the town of Ila. Referred to Committee on Corporations.

362

JOURNAL OF THE SENATE.

By Mr. Henderson, of Turner:-
A bill to amend an Act to establish the City Court of Ashburn.
Referred to Committee on Special Judiciary.

By Messrs. Porter, wright and Holder-
A bill to amend an Act creating the city court of Floyd County.
Referred to Committee on Special Judiciary.

By Mr. Field, of DeKalb-
A bill to- amend the charter of the town of Lithonia.
Referred to Committee on Corporations.

By Mr. Adams, of Hall-
A bill to authorize the county of Hall "to issue bonds for certain purposes.
Referred to Committee on Counties and County Matters.

MoNDAY, JuLY 18, 1910.

363

By Mr. Boyd, of Spalding-
A bill to amend an Act creating the Board of County Commissioners of Spalding and Butts Counties.
Referred to Committee on Counties and County Matters.
By Mr. Ford, of Worth-
A bill to amend the Act establishing the City Court of Sylvester.
Referred to Committee on Special Judiciary.

By Mr. Adams, of Hall-
A bill to amend the Act to establish the City Court of Hall County.
Referred to Committee on General Judiciary.

By Mr. Henderson, of Turner-
A bill to create a new charter for the town of Worth.
Referred to Committee on Corporations.

By Mr. Vinson, of Baldwin-
A bill to appropriate Thirty-five Thousand Dol lars for the erection of a building upon the campus

364

JouRNAL oF THE SENATE.

of the Georgia Normal and Industrial College at Milledgeville.
Referred to Committee on Appropriations.

By Mr. Johnson, of Towns-
A bill to prohibit taking of fish out of part of Hiawassee nver.
Referred to Committee on Counties and County Matters.
By Mr. Turnipseed, of Clay~
A bill to provide a system or registration for Fort Gaines.
Referred to Committee on Special Judiciary.

By Mr. Henderson, of Turner-
A bill to repeal an Act to incorporate the town of Sycamore, in the county of Turner. /
Referred to Committee on Corporations.

By Messrs. Wohlwender and Slade, of Muscogee-
A bill to authorize the sale of a part of the commons at the intersection of Cemetery street and 7t~ avenue, city of Columbus.

MoNDAY, JuLY 18, 1910.

365

Referred to Committee on Sp~ial Judiciary.
By Messrs. Adams and Carter, of Hall-
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the county of Hall.
Referred to Committee on Counties and County Matters.
By Mr. Carswell, of Wilkinson-
A bill to add Gordon, in Wilkinson County, to the list of State depositories.
Referred to Committee on Banks and Banking.

By Mr. Miller, of Ware-
A bill to regulate butchering of cattle in the county of Ware.
Referred to Committee on Agriculture.
The following resolutions of the House were read the first time =

By Mr. Slade, of Muscogee-
A 'resolution to ratify the 16th amendment to the Constitution of the United States, relative to the income tax.

366

JOURNAL OF THE SENATE.

Referred to Committee on Constitutional Amendments.

By Mr. Ford, of Worth-
A resolution to refund to J. C. Rogers $210.00 on bond of Eddie Harris, and for other purposes.
Referred to Committee on Finance.
By unanimous consent the following Senate Resolution was read the 3rd time to be put upon its passage:

By Mr. Day-
A resolution for the relief of J. C. Powell, J. M. Kincaid, A. J. Ballew, J. A. Freeman and Beaver, surety of bail-bond of Poly Beaver, of Fannin County.
The report of the Committee was agreed to.
Upt;)n the passage of the resolution the ayes were 26; nays, 0.
The resolution having received the requisite Constitutional majority was passed.
Upon motion the Senate adjourned until to-morrow morning at 10 o'clock.

TuESDAY, JuLY 19, 1910.

367

SENATE CHAMBER, ATLANTA, GEORGIA,
TuESDAY, JuLY 19, 1910.
The Senate. met pursuant to adjournment at 10 o'clock and was called to order by the President.

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Conley Day Gordy Griffith Harrell Harben

Irwin Johnson Jackson Kemp King Longley Mays Morris :Mathews McLean McDowell McCurry McWilliams McCollum

:McClure Price Rutherford Rudicil f"later Sellers Stevens Thompson Ward Womble Wood Mr. President

Those absent were Messrs:

Cates

P11tterson

Pitts

Mr. Slater gave notice that at the proper time. he would move to re-consider the action of the Senate in passing Senate Bill No. 187, being a bill to pro-. vide for the re-arrangement of the Judicial Circuits.

368 .

JOURNAL OF THE SENATE.

The Journal of yesterday's proceedings was read and confirmed.

Mr. Slater moved to re-consider the action of the Senate on yesterday in passing the following Senate hill:
A bill to provide for the re-arrangement of the .Judicial Circuits of Georgia.
The motion was carried and the bill re-considered. The report of the Committee was re-considered.
By unanimous consent the bill was taken up and put upon its passage.
Mr. Slater offered the following amendment, which was adopted.
Amend by striking the county of Bulloch from the Atlantic Circuit and adding the same to the Middle Circuit.
The report of the Committee was agreed to as amended.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the required Constitutional majority was passed.

TuEsDAY, JuLY 19, 1910.

369

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

Mr. Pr~ent:
The House has passed by the requisite Constitutiomil majority the following bills of the House, towit:
A bill to amend Act providing for an Ordinary pro hac.
A bill to amend Acts consolidating the laws creating charter of Griffin, Ga.
A bill to amend Act creating Board of Commissioners of Roads and Revenues for Turner County.
A bill to incorporate the town of Sycamore.
A bill to fix salary of Treasurer of Coffee County.
A bill to ame~d Act incorporating Citizens Bank of Valdosta.
A bill to authorize Commissioners of Camden County to issue church festival licenses.
A bill to amend Act incorporating town of Milltown.
A bill to amend charter of town of Lithonia,

370

JOURNAL OF THE SENATE.

A bill to incorporate the town of Lilburn.

A bill to amend Act authorizing municipal authorities to grade, pave and drain certain streets in Savannah.

A bill to authorize lease of certain grounds belonging to Fourth District A. and M. College of Carroll County.

A bill to amend Act establishing City Court of Hazelhurst.

A bill to amend charter of city of Newnan.

A bill to authorize Campbell County authorities to .pay costs to certain officers.

A bill to incorporate town of Brooks.
A bill to amend Act to establish City Court of \Vaycross.

A bill to amend Act to incorporate the town of Unadilla.

TuEsDAY, JuLY 19, 1910.

371

ATLANTA, GA., July 19, 1910.

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

Mr. President:.

I am directed by his excellency, the Governor, to deliver to the Senate a sealed communication, to. which he respectfully inv~tes the consideration of your honorable body in executive session.

The Senate took up the special order, being Senate Bill No. 29, by Messrs. Perry and McDowell,

A bill to increase the salaries of the Justices of the Supreme Court.

The report of the Committee was agreed to, and the bill was read the third time.

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

Those voting in the affirmative were Messrs :

Akin Burwell Blackwell Burch Callaway of lOth Calhoun Day Gordy

Harrell Harben Irwin Johnson King Mays Morris Mathews

McDowell McClure Price Slater .Sellers Stevens W;ard Mr. President

372

JOURNAL OF THE SENATE.

Those voting in the negative were Messrs:

Bowen 0 riffith ,lnckson Kemp

Longley McLean 1\l:cWilliams :McCollum

Uutherford Rudicil Womble ""ood

Those not voting were Messrs:

Callaway of 29th Cates Conley

:McCurry Patterson Pitts

Thompson

Ayes, 24; nays, 12.

The President voted aye, and the bill having received the requisite two-thirds vote was passed as amended, and the amendment was as follows:

Amend by striking out the words ''Six Thousand Dollars" wherever it occurs, and substituting "Five Thousand Dollars'' in lieu thereof in Section 1.

Mr. Irwin, Vice-Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. President:
The Committee on ConstitUJftional Amendments bas had under consideration the following Senate Bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:

TUESDAY, JULY 19, 1910.

373

A bill to amend the Constitution of Georgia iri reference to salaries of Judges of Superior Courts in certain counties.
Respectfully submitted,
.J NO. R. IRwiN, Vice-Chairman.
Mr. Morris, Chairman of the Committee on Banks, submitted the following report:

Jfr. President:
The Committee on Banks has had under consideration the following House Bill which I am inF:tructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to add Gordon, in Wilkinson County to the list of State depositories.
The Committee has had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend Section 982, Volume 1, of Code of Georgia, by adding Canton, in Cherokee' County, to the list of State depositories.
Respectfully submitted,
W. S. MoRRis, Chairman.

374

JouRNAL oF THE SENATE.

Mr. Rutherford, Vice-Chairman of the Committee on Engrossing, submitted the following report:

Mr. President :
The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House, the following Senate bills and resolution, to-wit:
A bill to amend the charter of the town of White Plains, in the county of Greene.
A bill to amend the charter of the city of Sparta, approved August 7th, 1905.
A resolution for the relief of J. C. Powell, J. M, Kjneaid, A. J. Ballew, J. A. Freeman and A. Beaver sureties on bail-bond of Poly Beaver.
A bill to prohibit the exhibition of moving pictures representing any prize fight between members of different races.
A bill to provide for re-arrangement of the judi<'ial circuits of Georgia.
Respectfully submitted,
S. RuTHERFORD, Vice-Chairman.

TuESDAY, JuLY 19, 1910.

375

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

Mr. President:
The Committee on General Judiciary has had under consideration the following Senate bills which I am instructed to report back to the Senate with . the recommendation that the same do pass, to-wit:
A bill to be entitled an Act to provide for liability of husband for torts of wife.
A bill to prohibit betting of money or other things of value upon elections.
A bill to make it unlawful for any person or corporation to publish the name of any woman, maid 0r woman-child upon whom the crime of rape has been committed.
A bill to prohibit furnishing to any female of any writing or printing containing vulgar or obscene ~anguage .
.The Committee has had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass as amended, to-wit:
A bill to prohibit concubinage between a person of the white or Caucasian race and the negro or black race.

376

JOURNAL OF THE SENATE.

The Committee has also had under consideration the following House bills which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
.A bill to regulate the registration of voters at special elections in this State.
A bill to regulate the running of automobiles on the highways of this State.
A bill to prevent the mending or keeping of tools for safe cracking, and for other purposes.
Respectfully submitted,
H. A. MATHEWs, Chairman.

The following Senate bill was read the second time:

By Messrs. Slater, Morris and Slaton-
A bill to amend Paragraph 1 of Section 13 of Article 6 of the Constitution of the State of Georgia regulating salaries of judges of the Supreme and Superior Court.
Senate Bill No. 22 was made a special order for tomorrow to follow Senate Bill No. 198.
By unanimous eonsent the following bill was read the first time:

TuESDAY, JuLY 19, 1910.

377

By Mr. Burwell and others-
A bill to provide for the appointment of pages for the Senate.
Referred to Committee on Appropriations.
By unanimous consent the following Senate bill was taken up for a third reading, to be put upon its passage:
A bill to authorize verdicts and judgements at the :first term of the Superior Courts.
Pending consideration of the bill the hour of adjournment arrived and the Senate adjourned until tomorrow morning at 10 o'clock.

378

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,

WEDNESDAY, July 20, 1910.

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

Prayer was offered by the Chaplain.

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

.Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th (:alhoun Cates Conley 11ay Gordy Griffith Harrell Harben

Irwin Johnson Jr:ckson Rtmp King Longley Mays Morris :!'via thews McLean. }feDowell J',fcCnrry :M:cWilliams IIIcCollum McClure

Patterson Price Pitts Rutherford Rudicil Slater Sellers Stevens Thompson w;ard Womble wood Mr. President

Mr. Griffith gave notice that at the proper time he vrould move to reconsider the action of the Senate in passing Senate bill No. 29 on yesterday.

The Journal of yesterday was read and approved.

WEDNESDAY, JULY 20, 1910.

379

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

Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the House, towit:
A bill to prohibit betting on any election or primary.
A bill to prohibit sale of near beer in Randolph county.
A bill to amend Section 5182, Code of 1895, relative to books of account as evidence.
A bill to incorporate town of Candler.
A bill to abolish City Court of Calhoun county.
A bill to vest title in the city of Columbus to certain parts of Eleventh street.
A bill to repeal Act incorporating town of Atwater.
A bill to amend charter of town of Unadilla.
A bill to amend charter of town of Fairburn.

380

JOURNAL OF THE SENATE.

A bill to amend Act to create a Board of Commissioners of Roads and Revenues of Warren Go.
A bill to ratify and confirm closing of Ansley street in Decatur.
A bill to amend Act to incorporate town of Pineview.
A bill to amend Act establishing public school system in Lavonia.
A bill to amend Act to establish a new charter for Waycross.
A bill to amend Acts incorporating city of Americus.
A bill to amend Acts incorporating city of Ameri- cus.
A bill to amend charter of Powder Springs.
A bill to provide for election of Solicitor of ( 'ounty Court of Putnam by the people.
A bill to amend Act to establish new charter for town of Hogansville.
A bill to authorize town of Hogansville to establish a system of waterworks.

WEDNESDAY, JuLY 20, 1910.

381

A bill to authorize Mayor and Council of Savannah to provide for registration of voters prior to any municipal election.
Mr. Griffith moved to reconsider the action of the Senate in passing the following bill on yesterday.

By Messrs. Perry and McDowell-
A bill to increase the salaries of the justices of the Supreme Court of Georgia.
The motion was lost.
The following unfinished business was taken up which is as follows:

By Mr. Calhoun-

. A bill to authorize verdicts and judgments at the first term of the Superior Courts in this State, and for other purposes.

Upon the adoption of the substitute offered by the Committee the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs:

Akin Bowen Burwell Calhoun Cates Day Gordy

Griffith Harben King Longley Mathews McWilliams McClure

Pitts Rutherford Slater Stevens Mr. !'resident

382

JouRNAL oF THE SENATE.

Those voting in the negative were Messrs:

Blackwell Burch Callaway of lOth Callaway of 29th Harrell Irwin

.Johnson Jackson McLean McCurry McCollum Patterson

Price Rudicil Sellers Thompson Womble Wood

Those not voting were Messrs:

Conley Kemp

Mays Morris

McDowell Ward

Ayes, 18; Nays 18.

On the adoption of the substitute the ayes were 18, nays, 18. The President voted aye, therefore adopting the substitute offered by the Committee.
The report of the Committee was agreed to.

Upon the passage of the bill by substitute the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs:

Akin Bowen Burwell Callaway of 29th Calhoun Cates. Conley

Day Gordy Griffith Harben King Longley Mathews

:McWilliams McClure Pitts Rutherford Slater Stevens

WEDNESDAY, JuLY 20, 1910.

383

Those voting in the negative were Messrs:

Blackwell Burch Callaway of lOth Harrell Irwin Johnson

,Tackson McLean McCurry McCollum Patterson Price

Rudicil Sellers Thompson Womble Wood

Those not voting were Messrs.

Kemp Mays

Morris McDowell

W.ard Mr. President

Ayes, 20; nays, 17.

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

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

1l'Ir. President :
The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House of Representatives, the following Senate bills, to-wit:
A bill to increase the salaries of the justices of the Supreme Court.

384

JouRNAL OF THE SENATE.

A bill to amend Section 420 of the Penal Code prohibiting running of freight trains on the Sabbath.
Respectfully submitted,
L. F. PATTERSON, Chairman.

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

Mr. President:
The Committee on Corporations has had under c:onsideration the following Senate bills which I am instructed to report back to the Senate with the recommendation that same do pass, to-wit:
A bill to incorporate the Lanier School District in the counties of Emanuel and Bulloch.
A bill to establish the City Court of Ellijay in the county of Gilmer.
A bill to amend,the charter of the city of Dalton.
The Committee has had under consideration the following House bills which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit :
A bill to amend an Act to authorize the town of Lithonia to establish a system of public schools.

WEDNESDAY, JULY 20, 1910;

385

A bill to repeal an Act to incorporate the town of Sycamore. in the county of Turner.

A bill to crea:te a new charter for the town of Worth in the county of Turner.

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

A bill to incorporate the town of Ila in the county

of Madison.



Respectfu11y submitted,

JNo. R. IRwiN, Chairman.

By unanimous consent the following Senate bill was taken up, read 3rd time and put upon its passage:
By Messrs. Slaton, Morris and Slater-
A bill to propose an amendment to the Constitution in reference to Superior Court judges salary in certain counties.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

386

JouRNAL oF THE SENATE.

Those voting in the affirmative were Messrs:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Conley Day Gordy Griffith

Harben Irwin Johnson .Jackson King Longley Morris Mathews M;cLean McCurry McWilliams McCollum :McClure

Price Pitts Rutherford Rudicil
~later
Sellers Stevens Thompson W,ard Womb!Q Wood

Those voting in the negative were Messrs:

Patterson

Those not voting were Messrs:

Harrell Kemp

Mays "feDowell

Mr. P1esident

Ayes, 37; Nays, 1.

The bill having received the requisite Constitutional majority was passed and the bill is as follows:

A BILL.
To be entitled an Act to amend Paragraph 1 of Section 13 of Article 6 of the Constitution of the State of Georgia regulating the salaries of the judges of the Supreme and Superior Courts by. providing

.WEDNESDAY, JyLY 20, 1910.

387

for the payment from the county treasuries of Chatham, Fulton and Richmond counties to the judges of the Superior Courts of the circuits to which said counties belong, and to the judge of the Stone Mountain Circuit, or the judge of sueh other circuit as may hereafter be required to regularly preside in Fulton Superior Court, of additional compensation, and to ratify, validate and confirm the original and amendatory Acts of. the General Assembly regulating the salaries of judges of the Superior Courts of all judicial cir- ~ cuits of the State having therein a city witli a population of not l~ss than 54,000 inhabitants, according to the United States Census of 1900, as heretofore enacted, and the Act of the General Assembly regulating the compensation of judges of the Superior Court for services rendered outside of their own ~ircuits in those judicial circuits of the State having therein a population of not less than 75,000 inhabitants, according to the Census of 1900.
SECTION 1. Be it hereby enacted by authority of the General Assembly of Georgia that Paragraph 1 of Section 13 of Article 6 of the Constitution of the State of Georgia be amended by adding to such paragraph of said Section the following proviso:
Provided, however, That the counties of Chatham, Fulton and Richmond shall pay from their respective county treasuries to the Superior Court judges of the circuit of which they are a part, and the

388

JOURNAL OF THE SENATE.

county of Fulton to the judge of the Stone Moun-

tain Circuit, or the judge of such other circuit

as may hereafter be required to regrllarly preside

therein, for additional services rendered in the Su-

perior Courts of Fulton county, such sums as will

with the salaries paid each judge from the State

Treasury make a salary of $5,000.00, per annum to

each judge; and said payments are declared to be

a part of the court expenses of such counties, such

payments to be made to the judges now in office as

well as their successors.



The Act of the General Assembly of 1904 entitred "An Act to regulate the salaries of judges of the Superior Courts of all judicial circuits of this State having, or that may hereafter have, therein a city with a population of not less than 54,000, nor more than 75,000 inhabitants, and for other purposes," with the Acts of the General Assembly of 1905 and 1906 amendatory thereof; and also the Act of the General Assembly of 1906 entitled ''An Act to regulate th.e compensation of judges of the Superior Courts for services rendered outside of their own circuits in those judicial circuits of the State having therein a city of not less than 75,000 inhabitan-ts ' according to the. census of 1900, and for other purposes,'' whieh Acts provide for the payment from the treasuries of the counties containin_g said cities to the judges aforesaid of a part of their salaries, are ratified, validated and confirmed as to the dates of said respective enactments;

WEDNESDAY, JULY 2_0, 1910.

389

So that Paragraph 1 of Section 13 of Article G of said Constitution shall read as follows:
''The judges of the Supreme Court shall have, out of the treasury of the State, salaries not to exceed three. thousand dollars per annum; the judges of the Superior Courts shall have salaries not to exceed two thousand dollars per annum; the attorney-general shall have a salary not to exceed two thousand dollars per annum, and the solicitors-general each shall have salaries not to exceed two hundred and fifty dollars per annum; but the. attorney-general shall not have any fee or perquisite in any case arising after the adoption of the Constitution; but _the provisions of this Section shall not effect the salaries of those now in office.''
Provided, however, That the counties of Chatham, Fulton and Richmond shall pay from their respec,.. tive county treasuries to the Superior Court judges of the circuit of which they are a part, and the county of Fulton to the judge of the Stone Mountain Circuit, or the 'judge of such other circuit as may hereafter be required to regularly preside therein for additional services rendered in the Superior Courts of Fulton county, such sums as will with the salaries paid each judge from the Sta.te Treasury make a salary of $5,000.00 per annum to each judge; and said payments are declared to be a part of the Court expenses of such counties, such payments to be made to the judges now in office as well as their successors.

390

JouRNAl, oF THE SENATE.

The Act of the General Assembly of 1904 entitled "An Act to regulate the salaries of judges of the Supreme Courts of all judicial circuits of this State having, or that may hereafter have, therein a city with a population of not less than 54,000 nor more than 75,000 inhabitants, and for other purposes," with the Acts of the General Assembly of 1905 and 1906 amendatory thereof; and also the Act of the General Assembly of 1906 entitled "An Act to regualte the compensation of judges of the Superior Court for services rendered outside of their own circuits in those judicial circuits of the State having therein a city of not less than 75,000 inhabitants according to the census of 1900, and for other purposes," which Acts provide for the payment from the treasuries of the counties containing said cities to the judges aforesaid of a part of their salaries, are ratified, validated and confirmed as of the dates of s.aid respective enactments.
SEc. 2. Be it further enacted by the authority aforesaid, That when the above and foregoing
amendment has been agreed to by two-thirds of fhe members of each House of the present General Assembly, it shall be the duty of the Governor, and he js hereby directed to cause the same to be published in one or more newspapers in each Congressional District in this State, two months before the next general election; and the Governor of this State is further required and directed, after having said amendment so published as aforesaid, to submit the same to the people at said next general election for

WEDNESDAY, JuLY 20, 1910.

391

the ratification or rejection. The form of such submission shall be as follows, to-wit:

''For ratification of amendment to Paragraph 1, Section 13, Article 6 of the Constitution.''

''Against ratification of amendment to Paragraph 1, Section 13, Article 6 of the Constitution."

This bill was ordered immediately transmitted to

the House.

. r: ,,I IJ1

'

~.

J "<-

Mr. Burwell, Chairman of the Committee on Appropriations, submits the following report:

Mr. President:

..\' ' 11 'j

The Committee on Appropriations has had under consideration the following bill of the Senate which it instructs me to report back to the Senate with the recommendation. that the same do pass.

A bill to .provide for the appointment of pages

for the Senate, and for other purposes.

1

Respectfully submitted,

BuRWELL, Chairman.

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

392

JOURNAL OF THt~ SENATE.

Mr. President:
The Committee on Special Judiciary has had under consideration the following House bills and I am instructed to report the same back with the recommendation that they do pass, to-wit:
A bill (No. 699) An Act to amend An Act establishing the City Court of Sylvester in and for the county of Worth.
A bill (No. 729) An Act to repeal an Act in creating the City Court of Danielsville for the county of Madison.
A bill (No. 789) An Act to authorize the sale of part of the commons of the city of Columbus, and for other purposes.
A bill (No. 868) An Act to amend an Act in establishing the City Court of Ashburn for the county of Turner.
A bill (No. 871) An Act to amend an Act establishing the City Court of Floyd county, approved September 27, 1883, and for other purposes.
Respectfully submitted,
M. D. WoMBLE, Chairman.
Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

WEDNESDAY, JuLY 20, 1910.

393

Mr. President:

The Committee on Enrollment report as duly en- rolled and ready for, the signature of the President of the Senate and Speaker of the House of Repl'esentatives, the following Acts, to-wit:

An Act to incorporate the town of Jasper- in the county of Pickens.

An Act to incorporate the town of Uvalda in the county of Montgomery.

Respectfully submitted,

F. E. CoNLEY, Chairman.
Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
The Comm~ttee on Enrollment report as being_ duly signed by the President of the Senate and Speaker of the House of Representatives,_ and transmitted to the Governor, the following Acts, to-wit:

An Act to incorporate the town of Jasper in the county of Pickens.

394

JouRNAl, Ol!' THE SENATE.

An Act t-;> incorporate the town of Uvalda in the county of Montgomery.
Respectfully submitted,
F. E. CoNLE"t", Chairman.

By unanimous consent the following bill was read 2nd time:
:ijy Mr. Burwell-
A bill to provide for the appointment of pages for the Senate.
By unanimous consent the following Senate bill was read 3rd time, and put upon its passage.
By Mr. Mathews-
A bill to provide for the proper protection of sinking funds of municipal corporations raised under the requirements of the provisions of Paragraph 2, Article 7, Section 7 of the Constitution which requires the investment of such funds in certain securities.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays, 0.

WEDNESDAY, JULY 20, 1910.

395

The bill having received the requisite Constitutional majority was passed as amended and the amendment is as follows:

Amend Section 1 of the bill by inserting in line 18 after the word ''law'' the words or county funds of this State which have been duly validated.

Amend Section 2 in line 12 by inserting after the word law in said line the words .or of a county or counties Of this State so validated.

Amend Section 3 by inserting in line 14 after the word "law" the words or of a county or counties of this State so validated.
By Mr. Day-
A bill to prohibit drinking of intoxicating liquors upon railroad passenger trains in this State.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite Constitutional majority was passed as amended and the amendment is as follows:

396

JOURNAL OF TH"F; SENATE.

Committee amends the caption of this bill in line seven and after the words "therefor" the. following words, to-wit: "making the offense a misdemeanor."

Committee amends Section 1 in line 3 after the word Georgia, and before the word that the following words, to-wit: And it is hereby enacted by the authority aforesaid.

Mr. Patterson, Chairman of the Engrossing Committee, submits the following report:

Mr. President:

The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House the following bill of the Senate, to-wit:

A bill to amend the Constitution of this State so as to authorize certain counties in this State to supplement the salaries of judges of the Superior Court in certain Circuits.
Respectfully submitted,
L. F. PATTERSON, Chairman.
The follDwing special order was taken up:

WEDNESDAY, JuLY 20, 1910.

397.

By Messrs. Mathews and Akin-
A bill to provide for State and county boards of tax returns and valuations and prescribing duty :lf such boards. To provide for full a.nd adequate returns of property, and for other purposes.
Mr. Callaway moved that the session be extended 30 minutes for the purpose of reacting House bills 1st time, Senate bills 2nd time and Senate bills '1st time. This motion prevailed.
The hour of 1 o'clock having arrived the Senate took up special order of business.
The following House bi11s were read 1st time:

By Mr. Wright-
A bill to prohibit the betting on any election or primary, and for other purposes.

Referred to Committee on General Judiciary.

By Mr. Rogers-

A bill to prohibit the sale of near beer in Randolph county.
Referred to Committee on Corporations.

398

JOURNAL OF THE: SENATE.

By Mr. AdamsA bill to incorporate the town of Candler in Hall
county. Referred to Committee on Counties and County
Matters.
By Mr.McWharterA bill to amend Section 5182 of the Code.
Referred to Committee on Agriculture.

By Mr. MillerA bill to abolish the City Court of Calhoun Qo. Referred to Committee on General Judiciary.

By Mr. Lawrence-.-
A bill to authorize the mayor and aldermen of the city of Savannah to provide for the regi~tration of voters prior to any municipal elections in said city.
Referred to Committee on Corporations.

By Messrs. Slater and Wohlwender-
A bill to vest in the city of Columbus, Georgia, title to certain land now used for streets and known

WEDNESDAY, JULY 20, 1910.

399

as all the part of Eleventh street lying east of Sixth avenue.

Referred to Committee on Corporations.

By Mr. Allen-

A bill to repeal an Act incorporating the town of Atwater.
Referred to Committee on Corpo~ations.

By Messrs. Heard and Beacham-
A bill to amend the charter of the town of Unadilla authorizing a grant of a strip of land to G. S. & F. R. R.
Referred to Committee on Corporations.

By Mr. Reid-

A bill to amend the charter of the town of Fair-

burn, so as to enlarge the power of the Mayor and

Aldermen of said town. Approved December, 18,

1897.

I

Referred to Committee on Corporations.

By Messrs. Fields and Alexander~
A bill to ratify and confirm the closing of Ansley street in Decatur, DeKalb County.

4oo

JouRNAL oF THE SENATE.

Referred to Committee on Corporations.
By Mt. English_.:..
A bill to amend an Act to create a Board of Commissioners of Roads, Public Buildings and Public Property and Finance for the counties of Warren and Taliaferro.
Referred to Committee on Corporations.

By Mr. Converse-
A bill to amend the Act incorporating the Citizens Bank of Valdosta.
Referred to Committee on Banks-
By Mr. Lawrence-
A bill to amend the Act to authorize the city of Savannah to require the grading, paving and macadamizing the streets of the city of Savannah.
Referred to Committee. on Special Judiciary.

By Mr. Miller-
A bill to amend the Act establishing thE! City .Court of Waycross.
Referred to Committee on Special Judiciary.

WEDNESDAY, JuLY 20, 1910.

401

By Mr. Boyd-
A bill to consolidpte the laws creating the new charter for the city of Griffin.
Referred to Committee on Special Judiciary.
By Mr. Henderson-
A bill to incorporate the town of Sycamore, ap-
. proved September 29th, 1891.
Referred to Committee on Special Judiciary.
By Mr. Hatfield-
A bill to fix the salary of Treasurer of Coffee County.
Referred to Committee on General Judiciary.
By Mr. Henderson-
A bill to amend the Act creating the Board of Roads and Re~enues for Turner County.
Referred to Committee on Special Judiciary.
By Mr. Godley-
A bill to authorize the Commissioners of Camden County to grant license to persons conducting church festivals.

402

J OURN A'L OF THE SENATE.

Referred to Committee on Special Judiciary.

By Mr. Johnson-
A bill to amend the Act to establish the City Court of Hazelhurst and for other purposes.
Referred to Committee on Corporations.
'
By Messrs. Kirby and Couch-
A bill to amend an Act creating a new charter for the City of Newnan.
Referred to Committee on Special Judiciary.

By Mr. Paulk-
A bill to amend the Act incorporating the town of Milltown, in Berrien County.
Referred to Committee on Corporations.

By Mr. McElreath-
A bill to provide for an Ordinary pro hac vice in cases of disqualified Ordinaries.
Referred to Committee on General Judiciary.

WEDNESDAY, JuLY 20, HllO.

403

By Messrs. Tuggle and Lovejoy-

A bill to amend the Act authorizing the town Council of Hogansville to establish a system of water works.
Referred to Committee on Special Judiciary.

. By Mr. Stubbs-
A bill to provide for electing the Solicitor of the County Court of Putnam county by the people.
Referred to Committee on Special Judiciary.

By Mr. Brown-
A bill to provide for leasing certain grounds be-
longing to 4th District A. and M. College.
Referred to Committee on Education.

By Mr. Reid-
A bill to authorize the county authorities of Gampbell County to pay the legal costs to officers in misdemeanor cases .
Referred to Committee on Special Judiciary.

404

JOURNAL OF IJ'HE SENATE.

Ey Messrs. Heard and Beacham-
A bill to amend the Act incorporating the town of Unadilla.
Referred to Committee on Corporations.

By Messrs. Alexander and Field-
A bill to amend the charter of the town of . Lithonia so as to extend the limits.
Referred to Committee on Corporations.

By Messrs. McConneB and SimpsonA bill to incorporate the town of Lilburn, in Gwin-
nett County.
Referred to Committee on Corporations.

By Mr. Sheppard-
A bill to amend, revise and consolidate the several Acts granting corporate authority to the city of, Americus.
Referred to Committee on Corporations.

By Mr. SheppardA bill to amend an Act revising and consolidating

WEDNESDAY, JuLY 20, 1910.

405

the several Acts granting corporate authority to the city of Americus, to confer additional powers upon it.
Referred to Committee on Corporations.

By Messrs. Tuggle and Lovejoy-
A bill to amend the Act establishing a ~ew charter of the town of Hogansville.
. Referred to Committee on Corporations.

By Messrs. Moss and Daniel-
A bill to amend the charter of the town of Powder Springs.
Referred to Committee on Corporations.

By Mr. Chandler---'
A bill to amend an Act entitled an Act to authorize the city of Lavonia to establish and maintain a system of public sehools.
Referred to Committee on Corporations.

By Mr. Harvey-
A bilf to amend the Act incorporating the town of Pine View in Wilcox County.

406

JOURNAL OF THE SENATE.

Referred to Committee on Corporations.

By Mr. Minter-
A bill to incorporate the town of Brooks, in the county of Fayette.
Referred to Committee on Corporations.

By Mr. MillerA bill to amend the Act to provide and establish a
new charter for the city of Waycross.
Referred to Committee on Corporations. The following Senate bills were read 1st time.

By Mr. Akin-
A bill to amend the General County Court Act so as to deny the right to defendants in misdemeanor cases to demand indictment by the Grand Jury.
Referred to Committee on Counties and County Matters.
By Mr. Kemp-
1\ bill to amend the Act to establish the City Court of Swainsboro, so as to define its jurisdiction and powers.

'VEDNESDAY, JuLY 20, 1910.

407

Referred to Committee on Special Judiciary.

By Mr: Akin, by request-

A bill to authorize the Board of Roads and Revenues for Glynn County to fix the salary of the Clerk of said Board.

Referred to Committee on Counties and County Matters.

By Mr. Calhoun-

A bill to authorize municipalities to hold an election to determine the question of. local taxation for public schools.

Referred to Committee on Education.

By Mr. Slater-

A bill to prohibit any person, firm or corporation doing business in this State, from having or using the word Trust in the title of such concern soliciting deposits, unless same is under the supervision of the State 'Bank Examiner.

Referred to Committee on Banks.

By Mr. Blackwell-

A bill to amend the Actto incorporate the town of

Shady Dale.

' i' ~

408

JoURNAL OF THE SENATE.

:Referred to Committee on Corporations.

The following Senate Bills were read 2nd time:

By Mr. Pitts-

To amend the charter of the city of Dalton.

By Mr. Kemp-
A bill to incorporate the Lanier School Districts in Emanuel and Bullock Counties.
By M~. Griffith-
A bill to prohibit the furnishing or exhibiting to any female in this State any writing or printing containing any obscene or vulgar language, and for other purposes.

By Mr. King-
A bill to regulate the manner of selecting official stenographers and to provide how same shall be paid.

By Mr. Slater-
A bill to provide for liability of husband from torts of wife.

WEDNESDAY, JuLY 20, 1910.

409

By Mr. Ward-
A bill to prohibit the betting of money or other thing of value upon elections in the State of Georgia.

By Mr.. Longley-
A bill to prohibit ooncubining between a person of the Caucassian or white race and a person of the negro race.

By Mr. Sellers-

A bill to prohibit the printing the name of any

woman in this State upon whom the crime of rape

has been committed.



By Mr. McClure-
A bill to amend Section 982 of the Code by adding the town o~ Canton to list of State depositories.
By Mr. DayTo establish the City Court of Ellijay.
The following Senate bill was read 3rd time and put upon its passage:

By Mr. PriceA bill to amend Section 1496 of the .Code.

410

JouRNAL OF THE SENATE.

Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite Constitutional majority was passed by substitute.
Upon motion the Senate adjourned until tomorrow morning at 10 o'clock.

THURSDAY, JULY 21, 1910.

411

SENATE CHAMBER, ATLANTA, GEORGIA,

THURSDAY, July 21, 1910.

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

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell BlackweU Burch Callaway of lOth Callaway of 29th Calhoun Cates Conley Day Gordy Griffith Harrell

Harben I:rwin Johnson J::ckson 1\:(mp King Longley Mays Morris Mathews McLean McCnuy McWilliams McCollum

Those absent were Messrs:

McDowell

McClure Patterson Price Pitts Rutherford Rudicil
Sla~r
Sellers Stevens Thompson W;ard Wombl& Wood Mr. President

Notice was given that at the proper time he would move to reconsider the action of the Senate in defeating Senate Bill No. 16 on yesterday.

412

JOURNAL OF THE SENATE.

The Journal of yesterday was read and approved.

At 10:15 the Senate went into executive session.
Mr. Calhoun moved to reconsider the following bill of the Senate which was defeated on yesterday which is as follows:

By Mr. Calhoun-

A bill ta authorize verdicts and judgments at the first term of the Superior Courts of this State.

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

Those voting in the affirmative were Messrs.:

Aiken Bowen Burwell Blackwell Callaway of lOth Callaway of 29th Calhoun

Cates Gordy _ Griffith Harben King Mays Mathews

McWilliams McClure Pitts 81ater Sellers Stevens

Those voting in the negative were Messrs:

Burch Conley Day Harrell Irwin

Johnson Jackson Kemp McLean McCurry

McCollum Patterson Rudicil Ward Wood

THURSDAY, JULY 21, 1910.

413

Those not voting were Messrs.:

Longley . Morris McDowell

Price Rutherford 'fhompson

\\Tomblc Mr. President

Ayes, 20; Nays, 15.

The 'motion prevailed and the bill was reconsidered.

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

Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the House, t-owit:
A bill to create a Bond Commission for Fort Gaines.
A bill. to incorporate town of Carnegie.
A bill to amend Act to establish City Court of Washington.
A bill to prohibit the killing or destroying any game bird in Carroll county for one year.
A bill to create a new charter for town of Statham.

414

JouRNAL OF THE SENATE.

A bill to incorporate the town of Wilborn.

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

Mr. President:
The Committee on General Judiciary has had under consideration the following Senate resolution which I am instructed to report back to the Senate with the recommendation that the same do pass, towit:
A resolution providing for a joint Committee to investigate the accounts of the Prison Commission.

The Committee has also had under consideration th~ following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:

To be entitled, An Act, to provide for a solicitor of the city courts of this State which are establisherl upon recommendation of the grand jury, and for other purposes.
Respectfully submitt~,
H. A. MATHEws, Chairman.

THURSDAY, JULY 21, 1910.

415

Mr.

Patterson,

Chairman

of
'

the.

Committee

on

Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing has examined and found properly engrossed, and ready for transmis. sion to the House of Representatives the following Senate bills, to-wit:

A bill to prohibit drinking of intoxicating liquors upon railroad passenger trains and street cars.

A bill to amend Section 1496 of the Code of 1895 . which prescribes qualifications for pharmacists.
A bill to provide for the proper protection of sinking funds of municipal corporations.

Respectfully submitted,
L. F. PATTERSON, Chairman.
Mr. Irwin, Chairman of the Committee on Corporations, submitted the following report:

Mr. Pretsident :
The Committee on Corporations has had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:

416

JouRNAL OF THE SENATE.

A bill to amend the charter of the town of Shady Dale.
The Committee has also had under consideration the following House bills, which I am instructed to report back to the Senate with the recommendation . that the same do pass, to-wit:
A bill to amend the charter of the town of Pineview in Wilcox county.
A bill to ratify and confirm the closing of Ansley street in Decatur, Georgia.
A bill to repeal an Act incorporating the town of Atwater in the county of Upson.
A bill to amend an Act incorporating the town of Unadilla, Ga.
A bill to be entitled an Act to incorporate the town of Brooks in the county of Fayette.
A bill to be entitled an Act to vest in the city of Columbus, Georgia, title to certain land now used for streets.
A bill to amend an Act to establish a new charter for town of Hogansville in Troup Co.
A bill to amend an Act incorporating the town of Milltown in Berrien count~.

THURSDAY, JULY 21, 1910.

417

A bill to amend th~ charter of the town of Unadilla.

A bi11 to amend the charter of the town of Fairburn, Campbell county.
A bill to authorize the Mayor and Aldermen of the city'of Savannah to provide for the registration of voters.

A bill to amend .an Act to provide and establish a new charter for the city of Waycross.

A bill to amend the charter of Powder Springs in the county of Cobb.
A bill to amend the charter of the town of Litho-' ma.
A bill to be entitled an Act to incorporate the town ~f Lilburn in the county of Gwinnett.

A bill to amend an Act to create a Board of"'Commissioners of Roads, Public Buildings and Public Property and Finances for the counties of W arre;n, Taliaferro, and for other purposes.

A bill to amend an Act to establish the City Court of Hazlehurst.

418

JouRNAL OF THE SENATE.

A bill to amend an Act to authorize the city of

Lavonia to establish and maintain a system of pub-

lic schools.

.

Respectfully submitted,

JNo. R. IRwiN, Chairman.

The following unfinished business was taken up, which is as follows:

By Messrs. Mathews and ,Akin-

A bill to provide for State and County Boards of Tax Returns and Valuations and to prescribe duties of such boards.

The following amendment was offered by Mr. Womble:

Amend Section 6 by adding after the words tax payers in the 13th line the following: The Tax Receivers of their respective counties shall keep a book . for the purpose of requiring each tax payer in making returns of his property shall register all of the notes of his ownership or holding otherwise the registration to be made on said book shall show dates, maturity, the amount, the names of the parties to such instrument, or failure to register such note they shall be non-collectable in any court in the State of Georgia.

THURSDAY, JULY 21, 1910.

419

On the adoption of this amendment the ayes and nays were ordered, and the vote is as follows:

Those voting in the affirmative were Messrs.:

Harrell Irwin Johnson

Jackson King :McCurry

Womble

-~

T'hose voting in the negative were Messrs:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Conley Day

Gordy Griffith Harben Kemp I ..ongley Mays Mathews "'fcLean , McDowell :McWilliams McCollum

McClure Patterson Price Pitts I-oudicil Sellers Thompson Ward Wood

Those not voting were Messrs. :

Morris Rutherford

Slawr Stevens

Mr. President

Ayes, 7 ; Nays, 31.

The amendment was lost.

Mr. McCurry proposes to amend the bill by striking Section 8 of the bill and on this amendment the ayes and nays were. o:r;dered and the vote is as follows:

420

JouRNAL oF THE SENATE.

Those voting in the affirmative were Messrs.:

Blaekwell Bureh Harben

l\feCurry Rutherford
l~nrlie1l

Womble

Those voting in the negative were Messrs:

Akin . Bowen Burwell Callaway of lOth Calhoun Cates Conley. Pay Gordy Griffith Harrell

Irwin Kemp King Longley l\fays Morris Mathews McLean MeDowell McWilliams MeCollum

MeCiure Patterson Priee Pitts Slater Sellers Stevens
Thomp~on
Ward Wood

Those not voting were Messrs. :

Callaway of 29th

Johnson

Jackson l\{r. President

Ayes, 7; Nays, 32.

The amendment was lost.

Senator Harben was granted leave of absence for next Monday, Tuesday and Wednesday on important business.

The hour of adjournment having arrived the Senate adjourned until tomorrow morning at 10 o'clock.

]'RIDAY, JULY 22, 1910.

421

SENATE CHAMBER, ATLANTA, GEORGIA,

FRIDAY, July 22, 1910.

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

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell Blackwell Burch Cal'laway of lOth Callaway of 29th Calhoun Cates Conley Day Gordy Griffith Harrell Harben

Irwin .Johnson .Jackson Kemp King Longley Mays Morris Mathews .McCurry McDowell McLean McWilliams McCollum

McClure Patterson Price Pitts Rutherford Rudicil Slater Sellers Stevens 1'hompson Ward Womble Wood Mr. President

By unanimous consent the reading of the Journal was dispensed with.
The following resolution was read and adopted:

4:22

JOURNAL OF THE SENATE.

''

By Messrs. Burch and Mathews-

A resolution, That at 12 o'clock Monday, July 25, the Senate will suspend the consideration of all business and receive the reports of the Committees appointed to prepare resolutions on the death of Senators Murray and Ward.

The following resolution was adopted:

By Mr. Gordy~
Resolved, That when the Senate adjourn today it stand adjourned until Monday morning at eleven o'clock.

The following Senate bills were read 1st time:

By Mr. Calhoun-
A bill to amend the Act incorporating the town of Soperton in Montgomery county.

Referred to Committee on Corporations.

By Mr. Irwin-
A bill to provide for the more speedy forfeiture of recognizance in cases where motions for new trials are made.

Referred to Committee on Special Judiciary.

FRIDAY, JuLY 22, 1910.

423

The following Senate bills were read 2nd time:

By Mr. Griffith_:_

A bill to authorize County Boards of Education to condemn land for school purl?oses.

By Mr. King-
A bill to provide for solicitors of city courts. By Mr. Blackw~ll-
A bill to amend the Act incorporating the town of Shady Dale.

By Mr. Calhoun-
A bill to authorize municipalities of this State to hold elections to determine the question of local taxation for public schools.

By Mr. McCurry-
A bill to provide that all persons registered under the General Registration laws shall have a certificate issued him which will authorize him to vote at all elections.
This bill was recommitted.

424

JOURNAL OF THE SENATE.

The following Senate resolution was read 2nd time:

By Mr. Jackson-
A resolution providing for a joint committee to investigate accotmts of Prison Commission.
The following message was rec~ived from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President":
The House has passed by the requisite Constitutional majority, the following bills of the House, towit:
A bill to create a Board of Examiners of Stationary Engineers and Firemen for certain counties.
A bill to in('orporate city of Helena.
A bill to incorporate the Tennille School District.
A bill to abolish City Court of Newton county.
A bill to incorporate town of Ellenton. A bill to amend charter of town of Avalon. A bill to amend charter of town of Martin.

FRIDAY, JuLY 22, 1910.

425

The House has also passed by the requisite Constitutional majority the following bill of the Senate, to-wit:
A bill to incoroprate the city of Crawford.
The following Senate bills were read 3rd time and put upon its passage: .

By Mr. Kern!>-'
A bill to incorporate the Lanier School District of Emanuel and Bullock counties.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 26, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Pitts-
A bill to amend the several Acts incorporating the . city of Dalton-
Report of the Committee was agreed to.
. Upon the passage of the bill the ayes were 261 nays, 0.

426

JouRNAL OF THE SENATE.

The bill having received the requieite Constitutional majority was passed.

By Mr. McClure-
A bill to amend Section 982 of the Code adding Canton to the list of State depositories.
R-eport of the Committee was agreed to.
Upo:q the passage of the bill the ayes were 27, nays, 0.
The bill having received the requisite Constitutional ~ajority was passed.

By Mr. Calhoun-
A bill to incorporate the town of Alston m the county of Montgomery.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. MaysA bill to amend an Act to authorize electric, street,

FRIDAY, JULY 22, 1910.

427

suburban railroad companies to lease, acquire and purchase the property and franchises of other companies, and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25, nays, 0.
The bill having received the requisite Constitu tional majority was passed as amended.
Amend by substituting "adjacent" for "other" in Section 1, lines 33 and 41, before States.
Mr. Burwell, Chairman of the Committee on Ap.propriations, submits the following report:

Mr. President:
The Committee on Appropriations has had under consideration the following bill of the House, which it instructs me to report back to the Senate with the recommendation that the same do pass.
A bill to appropriate the sum of Thirty-five Thousand Dollars for the Georgia Normal and Industrial_ College at Milledgeville.
Respectfully submitted,
BuRWELL, Chairman.

428

JouRNAL oF THE SENATE.

Mr. Harrell, Vice-Chairman of the Committee on Corporations, submits the following report:

Mr. President:
The Committee on Corporations has had under consideration a bill to amend the Act entitled an Act to incorporate the city of Hagan in the county of Tatnall in the State, and instructs me to report the bill back with the recommendation that the same do pass.
G. Y. HARRELL, Vice-Chairman.

Mr. MeWilliams, Chairman of Committee on Education, submits the following report:

Mr. President:
Your Committee on Education has had under consideration the following bills and instruct me, as their Chairman, to report the same back to the Senate with the recommendation that they do pass:

A bill to be entitled an Act to authorize municipalities to hold an election to determine the question of local taxation for the support of public schools, and for other purposes.

A bill to be entitled an Act to authorize lease of
certain grounds belonging to the Fourth District A.

FRIDAY, JuLY 2~~ 1910.

429

& M. College of Carroll county, and for other purposes.
Respectfully submitted,

McWILLIAMs, Chairman.

I



Mr. MeWilliams, Chairman -of Committee on Education, submits the following report:

Mr. President:

Your Committee on Education has had under consideration the following Senate bill and ins,truct me, as their Chairman, to report the same back to the Senate with the recommendation that it do pass:

A bill to be entitled an Act to authorize the County Boards of Education of the several counties of Georgia to condemn lands for public school sites, to provide for the method of condemnation, and for other purposes.
Respectfully submitted,

McWILLIAMs, Chairman.

Mr. Bowen, Vice-Chairman of the Committee on Banks and Banking,. has submitted the following report:

Mr. President:

The Committee on Banks and Banking has had under consideration the fo1lowing House bill, which

430

JoURNAL OF THE SENATE.

I am instructed to report back to the Senate with

the

recommendation .

that

the

same

do

pass,

to-w. it:

A bill to amend an Act to incorporate the Citizens' Bank of Valdosta.

Re~pectfully submitted,

BowEN, Vice-Chairman.

Mr. Callaway, of 29th district, Chairman of the Committee on Counties and County Matters, submits the following report:

Mr. President:

Your Committee on Counties and County Matters has had under consideration the following House bill and instruct me, as their Chairman, to report the same back to the Senate with the recommendation that it do pass.

A bill to be entitled an Act to amend an Act creating the Board of County Commissioners of Spalding and Butts counties, so as to provide for com-. pensation, and for other purposes.
Respectfully submitted,

CALLAWAY, Chairman.

FRIDAY, JuLY 22, 1910.

431

Mr. Callaway, Chairman of the Committee on Counties and County ~atters, submits the following report:

Mr. President:
Your Committee has had under consideration the following House bill and instruct me, as their Chairman, to report the same back to the Senate with the .recommendation that they do pass.
A bill to be entitled an Act to prohibit taking fish from the Hiawassee River above the bridge at Newt Taylor's store in Towns county, a11d for other purposes.
The Committee has had under consideration the following Senate bill which I am instructed to report back with the recommendation ~hat the same do pass as amended:
A bill to be entitled an Act to regulate the manner of selecting official county newspapers, to provide how same shall be changed, and for other purposes.
R. D. CALLAWAY, Chairman.
Mr. Price, Chairman of the Committee on Agriculture, submitted the following report:

432

JoURNAL OF THE SENATE.

Mr. President: The Committee on Agriculture has had under con-
sideration the following bills of the House, which I am instructed to report to the Senate with the recommendation that they "do pass," to-wit:
A bill to amend Section 5182 of Code of 1895 by inserting the words "farmer, dairyman and planter" after the word "blacksmith." Also
A bill to regulate butchering of cattle m Ware county.
Respectfully submitted,
J. D. PRICE, Chairman.
T'he following Senate bills were read 1st time:
By Mr. Womble-
A bill to amend an Act to make it unlawful for landlord; tenant or cropper to abandon their contracts .
. Eeferred to Committee on General .Judiciary.
By Mr. Womble-
A bill to amend the Act providing for admission to the bar in this State.
Referred to Committee on General Judiciary.

FRI])AY," JuLY 22, 1910.

433

The following House bills were read 2nd time:

By Mr. English-
A bill to amend the Act creating a Board of Commissioners of Roads and Revenues, etc., for the counties of Warren and Taliaferro.
By Mr. Miller~
A bill to amend the Act creating a new charter of the city of Waycross.
By Messrs. Fields and Alexander-
A bill to ratify and confirm the closing of Ansley street in Decatur.

By Messrs. Heard and Beacham-
A bill to amend the charter of the town of Unadilla.

By Mr. Reid-

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

By Mr. Carswell-

A bill to amend Section 982 of the Code, so as to

add Gordon to list of State depositories.

"' ,

434

JoURNAL OF THE SENATE.

By Mr. Chandler-

A bill to amend an Act authorizing the city of Lavonia to establish and maintain a system of public schools.

By Mr. Henderson-

A bill to create a new charter for the town of Worth in Turner county.

By Messrs. Smith and Kennedy-
A bill to amend an Act entitled an Act incorporating the city of Hagan, so as to define its limits.

By Mr. Wight-
A bill to amend the charter of the city of Cairo.
By Mr. BrownA bill to authorize the leasing of certain grounds
belonging to the Fourth District A. & M. College.
By Mr. Henderson~
Abill to amend the Act to establish the city court of .Ashburn, and for other purposes.

FRIDAY, JULY '22, 1910.

435

By Mr. Boyd-
A bill to amend the Act creating a Board of Commissioners of Roads ana Revenues for Spalding and Butts counties.
By M.essrs. W ohlwender and Slade-
A bill to authorize the sale of a part of the commons of the city of Columbus at the intersection of Cemetery street arid Seventh avenue.,
By Mr. Harvey-
A bill to amend the several Acts amending the several Acts incorporating the town of Pineview..
This bill was recommitted.
By Mr. C(Ulverse-
A bill to amend the Act to incorporate the Citizens' Bank of Valdosta.
By Messrs. Tuggle and Lovejoy-
A bill to amend an Act to establish a new charter of the town of Hogansville in Troup county.
By Messrs. McConnell and Simpson-
A bill to incorporate the town of Lilburn in Gwinnett county.

436

JOURNAL OF THE SENATE.

By Messrs. Alexander and Field-
A bill to amend the charter of the town of Lithonia, so as to extend the limits of said town.
By Messrs; Moss and Daniel-
A bill to amend the charter of Powder Springs in Cobb county.
By Mr. Paulk-:A bill to amend the Act incorporating the town
of Milltown.
By Messrs. Heard and Beacham-
A bill to amend the Act incorporating the town of Unadilla.
By Mr. Williams-
A bill to incorporate the town of Ila.
By Mr. Hendrick-
A .bill to prevent the keeping of tools for safe cracking with intent to use the same in this State. By Mr. Minter-
A bill to incorporate the town of Brooks in the ~ounty of Fayette.

FRIDAY, JuLY 22, 1910.

437

By Mr. Ford-
A bill to amend an Act establishing the City Court of Sylvester.
By Messrs. Slade and Wohlwender-
A bill to vest in the city of Columbus, Georgia, title to, certain land now used for streets and known as all that-part of 11th street lying east of 6th street.
By Mr. Miller-
A bill to regulate butchering and dressing for market any cattle, sheep, and other animals in Ware county.

By Messrs. Carter, Wright and Holder-

A bill to amend an Act creating the city of Floyd

county.

'

By Mr. Williams-
A bill to repeal an Act to create the City court
of Danielsville in Madison county.
By Mr; .Tohnson-
,_. ,A bill. tQ a~end an. Act to establish the City Court
of Hazlehurst.

438

JouRNAL oF THE SENATE

By Mr. Field-
A bill to amend an Act to authorize the town of Lithonia t.o establish a system of public schools.

By Mr. Johnson-
A bill to prohibit the taking of fish from that part of Hiawassee River above the bridge at Newt Taylor's store in Towns county.
By Mr. MeWhorter-
A bill to amend Section 5182 of the Code of 1895.
By Mr. Vinson-
A bill to appropriate $35,000 for the purpose of erecting a building at the Georgia Normal and Industrial College at Milledgeville.
By Mr. Henderson-
A bill to repeal the Act to incorporate the town of Sycamore in Turner county.
By Mr: Allen_:__
A bill to repeal the Act incorporating the town of Atwater in Upson county.

FRIDAY, JuLY 22, 1910.

439

By Mr. Lawrence-
A bill to authorize the Mayor and Aldermen of the city ofSavannah to provide for the registration of voters prior to municipal elections.
The following House bills were read 3rd time and put upon their passage:
By Mr. Harrington-
A bill to change the time for holding the fall term
of Liberty Superior Court.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 26, nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. McintyreA bill to fix the fees to be paid by l~cal Fire and
Storm Assessment Insurance Companies doing business in four counties or less.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays, 0.

440

JouRNAL oF THE SENATE.

The bill having received the requisite Constitutional majority was passed.

The following unfinished business was taken up, which is as follows:

By Messrs. Mathews and Akin~
A bill to provide for State and County Boards of Tax Returns and Valuations in this State.

The following amendment was offered by Mr. Longley:
Amend by striking out Section 13 of the bill.

Upon the adoption of this amendment the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Blackwell Burch Day Harrell Harben Irwin

Johnson .Jackson Longley McCurry Patterson Price

Pitts Hutherford Rudicil Sellers Womble Wood

rrhose voting in the negative were Messrs.:

Akin Bowen Burwell Callaway of lOth Calhoun. Cates Gordy

Griffith Kemp King :Mays Mathews McLean McDowell

Mc\\'il'liams McClure Slater Stevens Thompson Ward

FRIDAY, JULY 22, 1910.

441

Those not voting were Messrs. :

Callaway of 29th

Conley Morris

Ayes, J 7; Nays, 20.

McCollum Mr. President

The amendment was lost.

Committee proposes to amend the bill by striking $2,500 in Section 16, and inserting $1,800.

On this amendment the ayes and nays were called and the vote i's as follows:

Those voting in tlle affirmative were Messrs.:

Akin Bowen Callaway of 1Oth Calhoun Cates Gordy

Griffith King Mathews McWilliams McCollum McClure

Sellers Stevens Thompson Ward

Those voting in the negative were Messrs.:

Day Harrell Harben Johnson Kemp

McLean McCurry Patterson Price Pitts

Rutherford Rudicil Slater Womble Wood

Those not voting were Messrs. :

Burwell Blackwell Burch Callaway of 29th

Conley Irwin. Jackson Longley

Ayes, 17; Nays, 15.

Mays Morris McDowell Mr. President

442

JOURNAL OF THE SENATE.

The amendment was adopted.

Mr. Day moved that the Senate do now adjourn.

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

Those voting in the affirmative were Messrs.:

Burch Day

McCurry Rl!therford

Rud.icil

Those voting in the negative were Messrs.:

Akin Bowen Callaway of lOth Calhoun Cates Gordy Griffith Harrell Harben

Kemp King Mathews McLean McWiliiams McCollum McClure Patterson Pitts

Slater Sellers Stevens Thompson W.ard Womble Woocl

Those not voting were Messrs. :

Burwell Blackwell Callaway of 29th Conley Iwin

Johnson J'ackson Longley Mays :Morris

Ayes, 5; Nays, 25.

McDowell Price Mr. President

The motion was lost.

FRIDAY, JuLY 22, 1910.

443

The adoption of Sectjon 20 was reconsidered.

' The following amendment was offered:

By Mr. Calhoun-

Amend .by striking $2,500 and inserting $1,500.

On this amendment the ayes and nays were ordered and the vote is. as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Cali.away of lOth Calhoun Cates Gordy

Griffith Kemp King Mays Mathews McDowell

McClure Patterson Sellers Stevens Thompson Ward

Those voting in the negative were Messrs.:

Burwell Day Harrell McLean McCurry

McWilliams McCollum Price Pitts Rutherford

Rudicil Slater Womble Wuod

Those not voting were Messrs. :

Blackwell Burch Callaway of 29th Conley

l:tarben Irwin Johnson Jackson

Longley Morris Mr. President

Ayes, 18; Nays, 14.

444

JOURNAL OF THE SENATE.

The amendment was adopted.

Mr. Harrell moved that the Senate do now adjourn:

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

Those voting in the affirmative were Messrs.:

Akin Burwell Burch Cates Harrell McDowell

McC.lure Patterson Pitts Price Hutherford Rudicil

Slater Sellers Stevens Ward

Those voting in the negative were Messrs.:

Bowen Callaway of lOth Calhoun Gordy Griffith Harben

Kemp King Mays Mathews 1\IcLean McCurry

l\fcWilliams McCollum Thompson Womble Wood

Those not voting were Messrs. :

Blackwell Callaway of 29th Conley Day

Irwin .Tc.Imson Jackson I.ongley

Ayes, 16.; Nays, 17.

l\forris l\Ir. President

The motion was lost.

445.

1\fr. McCurry proposes to amend by adding that this bill shall not go into effect until the same has been submitted to a vote of the people in the same manner as Constitutional amendments are submitted, on the adoption of the amendm'ent the ayes . and nays were ordered and the vote is as follows:

Those voting m the affirmative were Messrs.:

Burch l!arben Kemp McCurry

Price Pitts R-utherford Rudieil

Sellers Womble

rrhose voting in the negative were Messrs.:

Akin Bowen Callaway of lOth Calhoun Cates Gordy Griffith Harrell

King Mays Mathews McLean McDowell Me Williams McCollum 1\feClure

P:1tterson Slater Sti'Yt>ns Thompson Ward Woocl

Those not voting were Messrs. :

Burwell Blackwell Callaway of 29th Conley

Day Irwin .Johnson ,laekson

Longley l\forris Mr. President

Ayes, 10; Nays, 22. The amendment was lost.

446

JOURNAL OF THE SENATE.

Senator Kemp was granted leave of absence until next Tuesday.
On motion the Senate adjourned until Monday morning at 11 o'clock.

'MONDAY, JuLY 25, 1910.

447

SENATE CHAMBER, ATLANTA, GEORGIA,

MoNDAY, July 25, 1910.

The Senate met pursuant to adjournment at 1l o'clock, was called to order by the President.

Prayer was offered by the Chaplain.

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

Akin Blackwell Bowen Burwell Burch Cal1away of lOth Callaway of 29th Calhoun Cates Conley Day Gordy Griffith Harrell Irwl.n

.Jackson Johnson Kemp King Longley Mathews Mays McClure McCollum McCurry 'McD!>well McLean McWilliams Morris Patterson

Pitts Price Rutherford Rudicil Sellers Slater Stevens Thompson Ward Womble Wood Mr. President

Mr. Harben was absent.

The Journal of Friday was read and approved.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

448

JouRNAL oF THE SENATE.

Mr .. Pn~sident:

The House has passed by the requisite Constitu-

tional majority the following bills of the House, to-

wit:



A bill to repeal Act to create Board of County Commissioners for Franklin county.

A bi11 to repeal Act incorporating town of Maples.
A bill to amend several Acts incorporating the town of Camak.
A bill to amend Acts incorporating city of College Park.
A bill to provide for a new charter for town of Arlington.
A bill to amend Act incorporating city of Edison.
A bill to amend Act incorporating the town of Austell.
A bill to amend charter of Atlanta so as to elect certain officials by the people.
A bill to amend Act creating Board of County Commissioners of Dodge.
A bill to repeal Act creating office of Commissioner of Roads and Revenues for Madison county.

MoNDAY, JuLY 25, 1910.

449

A bill to amend Section 982, Volume 1, Code 1895, so as to add Canton to list of State depositories.
A bill to amend Act creating Board of County Commissioners for Madison county.
f
A bill to amend charter of town of Doerun.
A bill to authorize Mayor and Council of Marietta to issue bonds for certain purposes.
A bill to regulate the preparation of live stock for market in Worth county.
A bill to repeal Act incorporating town of Boynton.
A bill to amend charter of city of Rossville.
A bill to incorporate town of Pine Park.
A bill to regulate the preparation of live stock for market in Ben Hill county.
A bill to amend Act creating Board of County Commissioners for Ben Hill county.
A bill to establish a system of public schools for city of Senoia.
The House has passed by the requisite Constitutional majority the following resolutions of the House, to-wit:

450

JouRNAL oF THE SENATE.

A resolution to appropriate $1,500 to the Resaca Cemetery.

A resolution to pay the assistant State Librarian their past due salaries.

The House has passed by the requisite Constitutional majority the following bills of the Senate, towit:

A biH to repeal Act to incorporate town of Roberta.
A bill to incorporate city of Roberta.
A bill to amend Act to reincorporate town of White Plains.
Mr. Mathews moved that further consideration of the unfinished business be postponed until tomorrow morning immediately after the reading of the Journal.

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

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Cal'laway of lOth Callaway of 29th Calhoun Cates Conley Gordy G'riffith

Harrell It'Win King Longley Morris Mathews McLean McDowell McWilliams McCollum

:McClure Patterson Pitts Rudicil Sellers Stevens Thompson Wool}

MoNDAY, JuLY :!5, 1910.

451

Those voting in the negative were Messrs.:

Day

McCurry

Those not voting were Messrs. :

Blackwell Burch Harben johnson Jackson

Kemp Mays PI;ce Rutherford Slater

""ard Womble Mr. President

Ayes, 28; Nays, 2.

The motion prevailed.

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

Mr. President:

The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House the following bills, to-wit:

A bill to amend an Act to authorize electric street cars, suburban and inter-urban street railroad companies to acquire by purchase or lease the stock, property, etc., of other such companies.

A bill to incorporate the Lanier School District in Emanuel and Bullock counties.

452

JouRNAL OF THE SENATE.

A bill to amend Section 982 of Volume 1 of the Code, so as to add Canton, Cherokee county, to the list of State depositories.

A bill to incorporate the town of Alston m the county of Montgomery.

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

Respectfully submitted,
L. F. PATTERSON, Chairman.
Mr. Womble, Chairman of the Special Judiciary Committee, submitted the following report, to-wit:
Mr. President :
The Special Judiciary Committee has had under consideration the following Senate bill, to-wit: they instructed me to report the same back to the Senate with the recommendation that it do pass.
A bill (No. 249) An Act to provide for putting solicitors of the city courts of this State on salaries, and for other purposes.
The Special Judiciary Committee has had under eonsideration the following House bill; they instrud me to report the same back to the Senate with the recommendation that it do pass.

MoNDAY, JuLY 25, 1910.

453

A bill (No. 769) An Act to amend an Act to amend an Act to entitle an Act to establish the City Court of Waycross in and for the county of Ware, and for other purposes.
M. D. WoMBLE, Chairman.
By unammous consent Senate bill No. 22 was made special order to follow the tax bill on tomorrow.
The following resolution was read 1st time:

By Mr. CalhounA resolution that Senate Bill No. 131 be made
special order for Tuesday, July 26, at 11 o'clock. Referred to Committee on Rules.
The following House bills were read 1st time:

By Rogers-
A bill to incorporate the town of Carnegie m Randolph county.
Referred to Committee on Corporations.

By Mr. McElreathA bill to authorize the county commissioners of

454

JouRNAL oF THE SENATE.

the several counties of this State to create the office of examiners of stationary engineers and firemen, and for other purposes.
Referred to Committee on Corporations.
By Mr. Meadows-
A bill to incorporate the city of Helena m the city of Telfair.
Referred to Committee on Corporations.
By Messrs. Lord and Joiner-
A 1bill to incorporate the Tennille School District in Tennille, Georgia.
Referred to Committee on Education.
By Mr. Calbeck-
A resolution to appropriate $1,500 to the Resaca Cemetery for building walks.
Referred to Committee on Public Property.
By Mr. WightA bill to incorporate the town of Pine Park,
Grady county.
Referred to Committee on Corporations.

MoNDAY, JuLY 25, 1910.

455

By Mr. Rosser-

A bill to amend the charter of the city of Rossville in Walker county.

Referred to Committee on Corporations.

By Mr. Dickson-
A bill to define the mode and manner of purchasing, slaughtering, cattle and hogs, sheep, etc.; Ben
Hill county.
Referred to Committee on Agriculture.

By Messrs. Barksdale and Booker-
A bill to amend the Act establishing the. City Court of Washington.
Referred to Committee on Counties and County Matters.

By Mr. Bell-
A bill to amend Section 982 of the Code, so as to add Canton to the list of State depositories.
Referred to Committee on Banks and Banking.

456

JoURNAL. OF THE SENATE.

By Messrs. Joiner and Lord-
A bill to amend the Act creating the Boards of Roads and Revenues of Washington county.

Referred to Committee on Counties and County Matters.

By Mr. Williams-
A bill to repeal the Act creating the office of Commissioners of Roads and Revenues of Madison Co.
'
Referred to Committee on Corporations.

By Mr. Moss-

A bill to authorize the Mayor and Council of Marietta to call an election by the qualified voters of Marietta to determine the issuing of bonds for waterworks.
Referred to Committee on Counties and County Matters.

Br Mr. BarrettA bill to amend the charter of the town of Martin. Referred to Committee on Corporations.

:MoNDAY, JULY 25, 1910.

457

By Mr. English-
A bill to amend, consolidate and supersede the several Acts incorporating the town of Camak.
Referred to Committee on Corporations.

By Mr. Moss-
A bill to amend the Act amendatory of the Act incorporating the town of Austell in Cobb county.
Referred to Committee on Corporations.

By Messrs. Alexander, Brown and McElreat4-
A bill to repeal all laws heretofore passed incorporating the city of Manchester and to provide for incorporating the city under the name of College Park.
Referred to Committee on Corporations.

By Mr. Dickson-

' f !

A bill to amend the Act to prescribe the duties and powers of the Commissioners of Roads and Revenues for the county of Ben Hill.

Referred to Committee on Counties and County Matters.

458

JouRNAL Ol' THE SENATE.

By Messrs. Holder and Hardeman-
A bill to create a new charter for the town of Statham.
Referred to Committee on Corporations.
By Mr. Brown-
A bill to prohibit the killing of any dove, partridge or other game in Carroll county for a period of 2 years.
Referred to Committee on Agriculture.
By Mr. Ford-
A bill to provide for the preparation of live stock for market in Worth county.
Referred to Committee on Agriculture.
By Mr. JonesA bill to repeal an Act incorporating the town of
Maples.
Referred to Committee on Corporations.
By Mr. RobertsA bill to amend an Act creating a Board of Com-
missioners of Roads and Revenues for Dodge Co.

MoNDAY, JuLY 25, 1910.

459

Referred to Committee on Counties and County Matters.
By Messrs. McElreath and Brown-
A bill to amend the Act establishing a new charter of the city of Atlanta and for other purposes, approved February 28, 1874.
Referred to Committee on CorporationH.
By Mr. Chandler-
A bill to repeal an Act creating the office of Commissioners of Roads and Revenues in and for Franklin county.
Referred to Committee on Counties and County Matters.
By Mr. Walters-
A bill to incorporate the town of Ellenton in Colquit~ county.
Referred to Committee on Corporations.
By Mr. Kidd__:
A bill to abolish the City Court of Newton in Baker county.
Referred to Committee on Speeinl .Judieiary.

460

JOURNAL OF THE SENATE.

By Mr. Chandler-
A bill to incorporate the town of "Wilburn m Franklin county.
Referred to Committee on Corporations.

By Mr. Barrett-
A bill to amend the charter of the town of Aval on.
Referred to Committee on Corporations.
By Mr. TurnipseedA bill to create a Board of Commissioners for the
city of Fort Gaines. Referred to Committee on Corporations.

By Messrs. Couch and Kirby-
A bill to establish a system of public schools in the city of Senoia, and for other purposes.
Referred to Committee on Education.
By Mr. Hullender-
A bill to repeal an Act to incorporate the town of Boynton in Catoosa county.

MoNDAY, JuLY 25, 1910.

461

Referred to Committee on Corporations.
By Mr. Miller-
A bill to provide a new charter for the town of Arlington in the counties of Calhoun and Early.
Referred to Committee on Corporations.
By Mr. Miller-
A bill to amend, an Act to create and incorporate the city of Edison in lieu of the town of Edison.
Referred to Committee on Corporations.
By Mr. Walters-
A bill to amend the charter of the town of Doerun, and for other purposes.
Referred to Committee on Corporations.
By Mr. Reid-
A resolution to appropriate the sum of $281.25 to pay balance due assistant and second assistant State Librarian.
Referred to Committee on Appropriations.
I
The following Senate bills were read 1st time: By Mr. Rudicil-

462

JouRNAL oF THE SENATE.

A bill to repeal all laws of force in this State authorizing any private person or corporation to condemn water powers or lands, and for other purposes.
Referred to Committee on General Judiciary.

By Mr. Harrell-
A bill to make the wife a competent and compellable witness in all prosecutions for criminal seduction, and for other purposes.
Referred to Committee on General Judiciary.

By Mr. Cates-
A bill to provide for detachment of the county of Bullock from the Middle Judicial Circuit and attach it to the Atlantic Judicial Circuit.
Referred to Committee on General Judiciary.
By Messrs. Burw~ll and Mathews-
A resolution to provide for the appointment of a commission to investigate the most secure way of preserving the scenery of Tallulah Falls.
Referred to Committee on General Judiciary.

MoNDAY, JuLY 25, 1910.

463

By Mr. SlatonA bill to amend Section 5018 of the Code, Volume
two.
Referred to Committee on General Judiciary. The following resolution was read and adopted:

By Mr. Morris-
A resolution endorsing the aims and object of the Appalachian Exposition and commend the work of preserving the forests.
Mr. President:
We, your Committee for the School for the Deaf at Cave Spring, beg leave to report the following:
We find the building in good repair, and neatly kept, but we find that an additional building is badly needed to properly accommodate the pupils. From our inspection of the buildings, we recommend that the additional building be erected so as to unite the building already erected, as per diagram attached.
We find the health of the pupils perfect. There is no infectious or contagious diseases in the school; in fact not a pupil is sick from any cause.
The food furnished the pupils is sufficient and well

464

JouRNAL oF THE SENATE.

prepared, and all the pupils seem to be happy and contented.

We think Georgia is fortunate in having such an earnest and faithful Principal as Prof. Connor, who has devoted his life to the school, and he has associated with him and efficient and conscientious assistant, Miss McDaniel, and all of the teachers connected with the school seem to be in love with their work.

Georgia should be liberal in sustaining this school for it is accomplishing a great work. We are especially impressed with. the patience and earnestness and efficiency of all the teachers connected with the school.
After going over the system of bookkeeping, and having all details explained by Capt. Connor, Principal, and D. W. Simmons, bookkeeper, we find the books kept in a neat and up-to-date system, with a record kept of all expenses and expenditures, showing an accurate account in full of every penny appropriated.
L. R. PITTS, Chairman.

W. J. KmE, Secretary.

C. R. McCRORY, Ass't Sec'y.

MoNDAY, JuLY 25, 1910.

465

A.P'ItOM' OTtNTION 1"* C.U rf.
&..SOUTn lXTtNTION 2..11000 C.U. rT. C. [MT fXTENTI('~ .2.,9.000 C.U rT.

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Main Building Georgia School for the Deaf. Black lines show proposed additions.

466

JouRNAL oF THE SENATE.

rrhe following bills of the House were read 3rd time and put upon their passage:

By Mr. Williams-
A bill to incorporate the town of Ila.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. McConnell and "Simpson-
A bill to incorporate the town of ~ilburn, in Gwin nett County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite- Constitutional majority was passed.

By Mr. McMichael-
A bill to create the office of Commissioners of Roads and Revenues for Butts County.

MoNDAY, JuLY 25, 1910.

467

Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite Constitutional majority was passed by substitute.

By Mr. Carswell-
A bill to amend Section 982 of the Code so as to add Gordon to the list of State depositories.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. McMichael-
A bill to repeal the Act creating the Board of County Commissioners of Butts County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requis~te Constitutional majority was passed.

468

JOURNAL OF THE SENATE.

Several resolutions were read, making special orders, and all of said resolutions were referred to the Committee on Rules.
Mr. Mathews, Chairman of Special Committee, submitted the following report:

To the General Assembly of the State of Georgia:
Your Committee appointed under House Resolution No. 203, providing for the appointment of a joint Committee of five from the House and three from the Senate, to consider the advisability and desirability of erecting a suitable building in some central location for a State Museum for a permanent exhibit of the agricultural, mineral and manufactured products of the State, and for providing room for the scientific departments of the State Government, thereby relieving the congested condition of the Capitol, beg leave to report that, after a careful investigation and personal inspection, in our opinion this movement is most timely.
The business district of Atlanta is growing so rapidly that already the encroachment upon the zone of the present Gubernatorial Mansion property renders it undesirable as a residential district by reason of commercial environments, and the mansion property having become so valuable for commercial purposes, it is an opportune time for disposing thereof and securing a lot more eligibly located on which a new mansion, of G:eorgia material, that

MoNDAY, JuLY 25, 1910.

469

will be a credit to the State, may be erected; and a lot on which a suitable building for purposes of a State Museum, embracing commodious quarters for the State's scientific departments. From tentative bids and propositions for lots, it is our opinion that the mansion property will bring a sum sufficient to provide the Museum and new mansion without costing the State one cent.
We, th~refore, concur in recommending strongly to the General Assembly the creation of a joint commission to be appointed, three from the House and two from the Senate, from the members of the present General Assembly, to take under consideration the proposition looking to the disposal of the present Gubernatorial Mansion property on terms of advantage to the State and the securing of lots for a new Mansion and Museum Building, and, having a definite plan, report such bi:tek to the session of the General Assembly in 1911 for its approval.
All of-which is respectfully submitted,
-H. A. MATHEWS, J. R. McCoLLUM, G. Y. HARRELL, Committee on part Senate.
J.D. DAVIS,
SAM F. GARLINGTON,
wILLIAM BUTT'
J. A. J. HENDERSON, L. G. HARDMAN, Committee on part of House of Representatives.

470

JouRNAL OF THE SENATE.

Mr. Burch, Chairman of the Committee to prepare a memorial of JesseS. Ward, Jr., late Senator from the 7th district, submitted the following report:

Mr. Presidlent:

The Committee appointed to prepare a memorial of JesseS. 'Yard, Jr., late Senator from the 7th District, beg leave to submit the following:

s. MEMORIAL OF JESSE

'VARD, JR., LATE SENATOR

oF WoRTH FRoM THE SEvENTEENTH DisTRICT.

The deceased was the son of a faithful soldier of

the Confederate States, Jesse S. Ward, who, like

thousands of others, was so impoverished as a result

of the war that he was unable to give his son, the

subject of this memorial, who was born in Randolph.

County, Georgia, on the

day of

,

186-, the advantages of a good literary ~ucation.

He lived with his father in Randolph County until

he removed, in the winter of 1880-81, to Thomas

County, where he resided until his death on March

8th, 1910. The subject of this memorial was com-

pelled to labor with his hands to aid his father in

supporting his family, and his educational advan-

tages were limited, but he improved all those he was

permitted to enjoy to the best advantage, but was to

some extent hampered in his career by the lack of

these advantages, and the necessity always upon

him of "earning his bread in the sweat of his face."

MoNDAY, JuLY 25, 1910.

471

Despite these drawbacks he soon became a man of mark among the people and was looked to by many as a leader. He was fond of writing and contributed many articles to the newspapers of his county, until, about two years prior to his death, he became the editor of the Thomasville Press. In 1908 it was Thomas County's time to furnish the Senator from the. 7th District, and the people of the county by a petition signed by a very large proportion of the white voters of the county, urged him to make the race. He had up to that time sought no political office or any kind of reward for his services, beyond the conviction, dear to every true .man, of duty well done, but as it was clearly shown to him to be the desire of so many of those who had the right to nsk, he yielded to their wishes, and consented to serve the people. He was nominated and elected, without opposition. Between the time of his election and the convening of the Senate in June 1909, he was married and brought his bride with him to Atlanta. He entered earnestly and faithfully upon the discharge of his duties as Senator and gave promise of being a useful and influential member of this body, but serious illness confined him to his bed from a short time after the session began until its close. After his return to his home he recovered his health and devoted himself earnestly and faithfully to the discharge of the arduous labors connected with his position as editor; and strove earnestly to do all he could for the uplifting of the people and the advancement of his county. B~t an allwise ]'ather saw fi.t

472

JouRNAL oF THE SENATE.

to take him to Himself, and be bas gone from us and the places that knew him will know him no more forever.
Therefore, Be it resolved by the Senate, That in the death of Jesse S. ward, Jr., this body has lost a faithful and conscientious member, who brought to the discharge of every duty devolving upo~ him, in private or public life, a full determination to do his very best to discharge that duty, that the State has lost an officer who sought diligently to do whatsoever he could for her prosperity and upbuilding; that his family has lost one whose true worth they ean best appreciate, and with whose loss we sympathize but into whose grief we cannot enter.
Resolved further, That this memorial and these resolutions be entered on the Journal of the Senate and a copy be furnished by the Secretary to the family of our deceased member.
Respectfully submitted,
R. S. BuRcH, Chairman.
Since the General Assembly of Georgia adjourned in August 1909, one of the members of the Senate, lion. W. D. Murray, of the 15th Senatorial District, departed this life.
He died July 25th, 1910, and in his death his State and County have suffered a great loss. He belonged

MoNDAY, JuLY 25, 1910.

473

to that class of strong, self reliant, public spirited and patriotic men who carry the welfare of the country upon their hearts, and who falter not in the _performance of any duty that looks_ to the good of the community or State with which their fortunes are cast.
The deceased was born in Houston County, Georgia, on June 20, 1844, and thus had reached man's estate, when the great civil struggle began between the States, and when the call was made by the South for brave and strong defenders, he responded to that call and became a Confederate Soldier, and though he had won distinction among his fellows in many other ways, no greater or more glorious tribute can be this day paid to him or to any other man than the simple statement: "He was a Confederate Soldier.'' In these words are embraced heroism, courage, high purpose, and self sacrificing patriotism; all these virtues stand embodied in the true Confederate Soldier, who hesitated not, at duty's call, to stand for the defense of his country in the time that tried men's souls.

After the great war, be addressed himself to the task of helping to rehabilitate the waste places and to rebuild the material prosperity of his State. With an energy and strong purpose peculiar to him, he set to the work, and by his good judgment, indefatigable industry, high character and constant endeavor, he achieved a notable success in life.

474

JouRNAL OF THE SENATE.

On December 21, 1871, he was married to Miss Catherine Howe, and lived happily with her up to the date of his death.

After his marriage he moved to Schley County, where he continued to live for the remainder of his life.

'As a citizen of this county he soon came to be known as a man of much force and character, and his fellow citizens were glad to be able to call upon him to fill places of responsibility and honor.

He engaged in teaching for a number of years at Murrays Cross Roads and also at the same place had farming and mercantile interests.

Later he moved to Ellaville, the county site and principal :.own of his county, where he engaged in business, and pis home was there when the summons came which ended his busy and useful life. For many years he gave his services to his county in the responsible office of County Commissioner, and in this capacity his ability and financial skill were recognized by his fellow citizens as being of great benefit to his people. No one ever questioned his sterling integrity, his rugged honesty. No one can be found to-day to deny to his memory the tribute that he was a just, and generous man.

He was for many years President of the Bank of

MoNDAY, JuLY 25, 1910.

475

Ellaville; and was always identified with all the public enterprises of his community.
Senator Murray's private life was that of a deYoted, God-fearing man. He was, nearly all his life, a church man, believing strongly in the vital truths of the Christian religion, and living the doctrines which he professed. He was ever in his place in his church, and in the Sabbath School, always taking a vital interest in the religious instruction of the young, realizing, as he did, that the church stands for the spiritual elevation of our race, and that the children must be brought into the church, that our country be not overthrown by infidelity and godliness.
He was honored by his people in an election to the House of Representatives in 1882, to the Senate in 1884, and again to the present Senate. In the deliberations of this body he always took a prominent part, and always voted his honest convictions as to what was right and for the best interests of his State. He formed his opinions with deliberation and care, and when so formed, he was prepared to defend them strongly. During the busy session of 1909, he was constantly in his place, and he contributed to the discussion of nearly all the public questions of interest that were brought forward during that sesswn.
The members of this Senate can not fail to cherish his memory as of a man among men, a typical

476

JouRNAL oF THE SENATE.

Georgian, a man of wisdom, of justice, of moderation.
Wherefore be it Resolved by the Senate:
1. That we deplore the loss to the State of this faithful public servant, and that we extend to his bereaved widow our sincere sympathy in the great personal loss sustained by her in the death of her good and distinguished husband.
2. That in honor of his memory and the memory of Ron. J. S. Ward, Jr., late Senator from 7th Dist., the Senate stands adjourned for the remainder of this day, as a testimonial of the Senate's high esteem of the Senator whose loss from our body we so greatly deplore.
The Senate adjourned.

TUESDAY, JULY 26, 1910.

477

SENATE CHAMBER, ATLANTA, GEORGIA,

TuESDAY, July 26, 1910.

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

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell Blackwell Burch Cal'laway of lOth Callaway of 29th Calhoun Cates Conley Day Gordy Griffith Harben Harrell

Irwin Jackson Johnson Kemp King Longley Mays Mathews McLean McDowell McCurry McWilliams McCollum McClure

Morris Patterson 'Pitts Price Rutherford Hudicil Slater Sellers Stevens Thompson Wiard Womble Wood Mr. President

The Journal of yesterday was read and approved.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

478

JOURNAL Ol!' THE SENATE.

Mr. President:
The House has passed by the requ~site Constitutional majority the following bills of the House:
A bill to amend Act to provide new charter for East Point.
A bill to appropriate $15,000 to erect and equip buildings for treatment of tuberculosis at the Georgia State Sanitarium.
A bill to authorize the Governor to employ some one to look after certain buildings at Indian Springs, Georgia.
A bill to amend Section 574, Volume 1, Code 1895, relative to road tax.
A bill to authorize Board of County Commissioners of Bibb county to issue bonds for certain purposes.
A bill to amend Act creating City Court of Oglethorpe.
A bill to repeal Act approved Oct. 26, 1870, to amend Road Laws, so far as same applies to Gordon county.
A bill to create a new charter for town of Luthersville.
A bill to incorporate town of Oakhurst.

TuEsDAY, JuLY 26, 1910.

479

A bill to provide farms as places of confinement for certain 'Convicts of certain counties.

A bill to create a system of public schools for town of Powder Springs.

A bill to abolish City Court of Pulaski county.

A bill to amend Act to incorporate town of Helena.

A bill to amend Section 982, Volume 1, Code 1895, so as to add Edison to list of State depositories.

A bill to appropriate $2,000.00 to Confederate Cemetery at Marietta.
A bill to create a Board of Commissioners of Roads and Revenues for Madison county.
A bill to amend Acts establishing City Court of Eastman.
A bill to amend Act creating a new charter for Marietta.
A bill to authorize municipal authorities of Marietta to order bond election to improve sewerage system.
A bill to amend Act creating a new charter for Marietta.

480

JOURNAL OF THE SENATE.

A bill to authorize Mayor and Council of Marietta to hold bond election tq improve waterworks system.

A bill to fix salary of treasurer of Webster county.
A bill to amend Act creating Board of County Commissioners for Putnam county.
A bill to amend Act creating Board of County Commissioners for Chattooga county.

A bill to amend Act establishing City Court of Swainsboro.
A bill to change time of holding Superior Courts in Dougherty and Mitchell counties.
A bill to amend Act to establish City Court of
Fi~zgerald.
A bill to create a Board of County Commissioners for Banks county.

The House has passed by the requisite Constitu: tional majority the following resolutioJ}s of the House:
A resolution to pay pension to Mrs. R. A. Lynn.
A resolut1on to refund J. R. Hubbard, et al., $50.

TuEsDAY, JuLY 26, 1910.

481

A resolution to appropriate $2,500.00 to erect monument to Gen. Joseph E. J ohnstori.
Mr. Irwin, Chainnan of the Committee on Corporations, submitted the following report:

Mr. President :
The Committee on Corporations has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend the charter of the city of Atlanta.
Respectfully submitted,
JNo. R. IRwiN, Chairman.
By unanimous consent the following House bill was taken up, read 3rd time to be put upon its passage:
By Mr. MeWhorter-
A bill to _amend Section 5182 of the Code, and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 34, nays, 2~

482

JouRNAL OF THE SENATE.

The bill having received the requisite Constitutional majority was passed.
By unanimous consent the following House bill was read 2nd time:
By Messrs. McElreath and Brown-
A bill to amend the Act establishing a new charter for the city of Atlanta.
Mr. Mathews, Chairman of the Committee on General Judiciary, submitted the following report:
111r. President:
The Committee on General Judiciary has had under consideration the following Senate bills which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to provide for the transfer of registered maps of municipalities, where such municipalities have been located in a new county.
A bill to amend Section 5018 of the Code in reference to guardians.
A bill to transfer Bullock county from the Middle to the Atlantic Judicial Circuit.
The Committee has had under consideration the following House bill which I am instructed to re-

TUESDAY, JULY 26, 1910.

483

port back to the Senate with the recommendation that the same do pass, to-wit:
'
A bill to prohibit betting on elections.
The Committee has had under consideration the following Sen~;tte bill which I am instructed to report back to the Senate with the recommendation that the same do pass as amended, to-wit:
A bill to make the wife a competent witness in all prosecutions for the crime of seduction.
The Committee has had under consideration the following Senate resolution which I am instructed to report ba~k to the Senate with the recommendation that the same do pass, to-wit:
A resolution for the appointment of a Commission to investigate the most secure way of preserving the scenery of Tallulah Falls.
Respectfully submitted,
H. A. MATHEws, Chairman.
Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

Mr. Presid'ent:
T4e Committee on Enrollment report as duly enrolled and ready for the signature of the President

484

JOURNAL OF THE SEN ATE.

of the Senate and Speaker of the House of Representatives the following Acts, to-wit:
An Act to repeal an Act to incorporate the town of Crawford in the county of Oglethorpe.
An Act to incorporate the city of Crawford, in the county of Oglethorpe.
Respectfully submitted,
F. E. CoNLEY, Chairman.
Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

Mr. President :
'l'he Committee on Enrollment report as being duly signed by the President of the Senate and Speaker of the House of Representatives and transmitted to the Governor the following Acts, to-wit:
An Act to repeal an Act to incorporate the town of Crawford in the county of Oglethorpe.
An Act to incorporate the city of Crawford in. the county of Oglethorpe.
Respectfully submitted,
F. E. CoNLEY, Chairman.

TUESDAY, JULY 26, 1910.

485

Mr. Callaway, Chairman of Committee on Counties and County Matters, submits the following report:

Mr. President:

Your Committee on Counties and County Matters has had under consideration the following bills, towit: and instruct me, as their Chairman, to report the same back to the Senate with the recommendation that they do pass.

An Act to authorize the Commissioners of Roads and Revenues of Glenn county, Georgia, to fix and prescribe salary of clerk, and for other purposes.

An Act to amend an Act to establish the City Court of Washington, in and for county of Wilkes, to define its jurisdictions and powers, to prescri1be for the elections of a judge, etc.
An Act amending Act creating Board of Commissioners of Roads and Revenues of Dodge county, etc.
R. D. CALLAWAY, Chairman.
July 26, 1910.
Mr. Callaway, Chairman of Committee on Counties and County Matters, submits the following report:

486

JouRN...L OF THE SENATE.

Mr. President :
Your Committee on Counties and County Matters has had under consideration the following bills, towit: and instruct me, as their Chairman, to report the same back to the Senate with the recommendation that they do not pass.
An Act to amend the General County Court Act, so far as it applies to the County Court of Charlton, and for other purposes.
A bill to be entitled an Act to create a Board of Commissioners of Roads and Bridges and Revenues for Jeff Davis county, Georgia, and for other purposes.
Respectfully submitted,
R. D. CALLAWAY, Chairman.
Mr. Callaway, Chairman of Committee on Counties and County Matters, submits the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following House bills and instruct me, as their Chairman, to report the same back to the Senate with the recommendation that they do pass.



TuEsDAY, JuLY 26, 1910.

487

A bill to be entitled an Act to authorize the county of Hall to issue for the purpose of building public roads, bridges, and for other purposes.

A bill to be entitled an Act to amend an Act approved August 6th, 1909, creating Board of Commissioners of Roads and Revenues for c01mty of Hall, and for other purposes.

A hill to be entitled an Act to incorporate the town of Candler in the county of Hall, to provide for a Mayor and Council and other officers.

Respectfully submitted,
R D. CALL"WAY, Chairman.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The.House has adopted by the requisite Constitutional majority the following resolution of the Senate:
A resolution proposing to ratify an amendment to the Constitution of the United States.
Senate Bill No. 263 was recommitted to the Committee on General Judiciary.



488

JOURNAL OF THE SENATE.

House Bill No. 859 was withdrawn from the Committee on Special Judiciary and committed to the Committee on Counties and County Matters.
The following is the report of the Committee on Rules:

Mr. President:
The Committee on Rules has had under consideration certain resolutions providing for the consideration of the Senate bills below set out as special orders and begs leave to report the following order:
As a special order for Tuesday morning following the final disposition of the tax bill now pending, Senate Bill No. 43.
As a special order for Wednesday morning after the confirmation of the Journal, Senate Bill No. 231.
As a special order for Thursday morning after the confirmation of the Journal, Senate Bills No. 131 and 230 in the order set out.
As a ~pecial order for Monday morning, August 1sf, 1910, after the confirmation of the Journal, Senate Bill No. 63.
Respectfully submitted,
BuRWELL, Acting Chairman.

TUESDAY, JULY 26, 1910.

489

rrhe following amendment was offered to the report of the Committee on Rules :

By Mr. Sellers-

Amend by striking out words ''The tax bill now pending,'' and inserting in lieu thereof the words "Senate Bill No. 22."

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

Those voting in the affirmative were Messrs.:

Akin Bowen Blackwell' Callaway of lOth Callaway of 29th Cates Conley Day Harrell

Irwin Johnson Jackson King Mays Morris Mathews McWilliams McCollum

McClure Patterson Hutherford
~later
Sellers Thompson \\"ard Womble

Those voting in the negative were Messrs.:

Burwell Burch Calhoun Gordy

I.ougley . 1-lcLean
McDowell McCurry

Pitts Rudieil Stevens
\\'ood

Those not voting were Messrs. :

Griffith Harben

Kemp Price

Ayes, 26; Nays 12.

Mr. President

490

JOURNAL OF THE SEN ATE.

The amendment was adopted.

On the adoption of Report No. 3 the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Callaway of 29th Callioun Cates Day Gordy Irwin

Johnson King Longley l\iays Morris Mathews McLean
. McDowell
McCurry

McCollum McClure Patterson Price Rudicil Slater Stevens Thompson

Those voting in the negative were Messrs.:

Blackwell Burch Callaway of lOth Harrell

Jackson McWilliams Pitts Rutherford

Sellers Ward Womble
"'ood '

Those not voting were Messrs. :

Conley Griffith

Harben Kemp

Ayes, 26; Nays, 12.

Mr. President

Special Order No. 3 was adopted.

On the adoption of Special Order No. 4, Mr. Irwin moved to disagree to the report of the Committee

TuEsDAY, JuLY 26, 1910.

491

and on this motion the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin B<.wen Blackwell Burch Callaway of 29th Calhoun Pay Gordy

Irwin King Longley 1\Iays Morris Mathews McDowell McCurry

McClure Price Rutherford Rudicil Siater Womble
\\'ood

Those voting in the negative were Messrs.:

Burwell Callaway of lOth Cates Conley Harrell

.Jackson McLean McWilliams McCollum Patterson

Pitts Sellers 'l'hompson Ward

Those not voting were :Messrs. :

Griffith Harben

J"ohnson Kemp

Stcyens Mr. President

Ayes, 23; Nays, 14.

The motion prevailed.

By unanimous consent the following Senate bill was read 3rd time und put upon its passage:

.'

492

JOURNAL OF THE SENATE.

By Mr. Slater-

A bill to amend the Constitution of this State so as to increase the salaries of the State School Commissioners.

Report of the Committee was agreed to.

Upon the passage of the bill ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen
Burwell Blackwell Callaway of lOth Callaway of 29th Calhoun Cates Conley Gordy Johnson King

Longley Mays Morris Mathews McLean McDowell McCurry McWil'liams McCollum McClure Patterson Price

Pitts Rutherford Rudicil Slater Sellers Stevens Thompson ward
Womble Wood

Those voting in the negative were Messrs.:

Burch

Day

Those not voting were Messrs.:

Griffith Harrell Harben

Irwin Jackson Kemp

Mr. President

Ayes, 34; Nays 2.

TUESDAY, JULY 26, 1910.

493

The bill having received the requisite Constitutional majority was passed and the bill is as follows:

A BILL
To be entitled An Act to amend Paragraph One, Section Two of Article Eight of the Constitution by providing that the salary of the State School Commissioner shall not exceed Three Thousand Dollars per annum, and for other purposes.
SECTION 1. Be it enacted. by the O.eneral Assem-. bly, That there is hereby proposed the following amendment to the Constitution of the State of Georgia, to-wit: By striking the words "two thousand" and inserting in lieu thereof the words ''three thousand in Paragraph One, Section Two of Article Eight of the Constitution, so as to provide that the salary of the State School Commissioner shall be Three Thousand Dollars per annum, instead of Two Thousand Dollars per annum.
SEc. 2. Be it further enacted, That when the above and foregoing amendment has been agreed to by two-thirds of the members of each House of the present General Assembly, it shall be the duty of tlie Governor, and he is hereby directed to cause the same to be published in one or more newspapers in each Congressional District in this State, two months before the next general election, and the Governor of this State is further required and directed after

494

JouRNAL OF rHE SENATE.

having said amendment so published as aforesaid, to submit the same to the people at the next general election for their ratification or rejection. The form of such submission shall be as follows, to-wit:

''For ratification of amendment to Paragraph One, Section Two, of Article Eight of the Constitution making the salary of State School Commissioner three thousand dollars instead of two thousand dollars per annum.''

"Against ratification of amendment to Paragraph One, Section Two, of Article Eight of the Constitution making the salary of State School Commissioner three thousand dollars instead of two thousand dollars per annum."
SEc. 3. All laws and parts of laws m conflict herewith are hereby repealed.

The following Senate bill and resolution was read 1st time:

By Mr. Thompson-
A bill to amend an Act approved Aug. 16, 1909, entitled an Act to annually levy and collect a tax for the support of the State Government and its public institutions.
Referred to Committee on General Judiciary.

. TuEsDAY, JuLY 26, 1910.

495

By Mr. Sellers-
A resolution. Resolved, That beginning tomorrow sessions of the Senate extend each day from 9 :30 a. m. to 1 :30 p. m.
Referred to Committee on Rules.
Mr. Slater, Chairman of the Committee on Finance, submitted the following report:

Mr. President :
The Committee on Finance has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to require County Tax Collectors to keep cash books.
Respectfully submitted,
W. F. SLATER, Chairman.
Mr. Jackson, Chairman of the Committee on Immigration and Labor, submits the following report:.

111r. President:
The Committee on Immigration and Labor has had under consideration the following bill of the Senate, which it instructs me to report back to the

496

JOURNAL 0}' THE SENATE.

Senate with the recommendation that the same do pass.
A hill to provide for a department of Labor for this State.
Respectfully submitted,

JACKSON, Ch_airman.

"rhe following special order was taken up:

By Messrs. Mathews and Akin-

A bill to provide for State and County Boards of Tax Returns and Valuations and prescribe the duty of such hoards.

Report of the Committee was agreed to.

Upon the, passage of the bill the ayes and nays were ordered and the vote is as follows:

"rhose voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Callaway of lOth Callaway of 29th Calhoun Cates Conley

Gordy Harrell ,':ohnsou King. Mays Morris Mathews McLean McDowell

McWilliams McCollum McClure Patterson Sjater Sellers Stevens Ward
Wood

TuESDAY, JuLY 26, 1910.

497

Those voting in the negative were Messrs.:

Burch Day Jackson Longley

l\feCurry Price Pitts Rutherford

Rudieil Womble

Those not voting were Messrs. :

Griffith Harben

Irwin Kemp

'l'hompson Mr. President

Ayes, 27; Nays, 10.

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

AMENDMENTS TO SENATE BILL NO. 198.
Amend Section 9 as follows:
1. Strike out of line 11 (printed bill) the words "State Board of Tax Valuations and Returns," and insert in lieu thereof the words ''a jury in the Superior Court of the County.''
2. Also by striking out of line 13 of said Section the words "the State Board" and insert in place thereof the words ''a jury in the Superior Court.''
3. Also by striking out of line 15 the words ''the State Board" and insert the words "a jury."

49.8

JOURNAL 01<' THE ~ENATE.

4. Amend the bill by inserting after the end of Section 9 of said bill another Section to be known as Section 10, and by renumbering the subsequent Sections to correspond. The Section to be so inserted is as follows: Section 10. Be it further enacted, That in case any tax payer is dissatisfied with the final finding of the County Board upon any returns, said tax payer shall have the right of appeal to a jury in the Superior Court of the county. The appeal shall be filed as a matter of right with the County Board, and shall be accompanied with an affidavit by the tax payers, his agent or representatives to the effect that the property in question has been over valued, or that m_ore taxable property has been charged to him for taxation than he really owns, as the case may be. There shall also accompany the appear a full statement under oath of what property the tax payer really owns, and what the appellant claims to be a fair taxable valuation thereof. The appeal shall also set out the amount of property charged to the appellant and the valuation thereof by the County Board, no bond or affidavit in lieu thereof shall be required. The appeal must be filed in 30 days after the final decision of the County Board shall be communicated to the tax payer, and when so filed, shall be examined by the Board, and if the action of said Board is correctly set forth in said appeal, and said appeal substantially conforms to the foregoing provisions, shall be s~ certified by the Board, and if the action of the Board in the matter involved is not correctly stated

TUESDAY, JuLY 26, 1910.

499

the Board shall attach to the appeal a correct statement of its action thereon. The appeal shall be transmitted to the Superior Court of the county, to be there tried by a jury in said court, the jury to be selected as juries are now selected in the trial, in said court, of civil cases, the Board or some member thereof representing the county in the selection of said jury. The Board shall be authorized to employ an attorney, if it seems to the Board to be necessary in any case,-and the appellant may likewise be represented by an attorney. The judge of the Superior Court shall preside and shall have absolute discretion as to the time to be given to the trial of any such appeal, and as to the time to be taken in the argument of the case. No bill of exceptions may be taken to the finding of the jury upon such appeal, nor shall the judge give any charge to the jury, unless a question of law should arise as to the taxability of pfoperty, in which case the judge may charge upon such question of law alone, and exceptions may he taken to the charge of the judge, and ~ writ of error sued out to the Supreme Court as to such questions of law as may be thereby raised.
There shall be provided in the Superior Courts of this State special dockets, to be known as Tax Appeal Dockets, and all appeals from the County Board of Returns and Valuations shall be thereon entered, and the judges of said Courts shall set apart special times during the sessions of the said Courts for the trials of such appeals, and shall, if necessary, call special terms of said Courts for this purpose.

500

JOURNAL OF THE SENATE.

5. :Amend the bill further hy striking out Section 16, and renumbering the remaining Sec,tions to correspond.
Amend Section 20:
By stFiking out $2,500 and inserting in lieu thereof the figures $1,500.
Amend Section 6 by striking out of line 7 the word "land" and inserting the word "property" in lieu thereof.
Amend Section 10, by striking out lines 7, 8 and 9.
Amend. SeCJtion 12, by inserting at the end thereof the following: The compensation herein provided for shall be paid out of the county treasury, upon a statement made out and verified by the r.e., spective members thereof.
Amend by striking aH of Sec. 5.
Amend Section 8, line 4 by striking the word "it" and substituting the words ''said board.''
Amend Section 8, line 9 after the word at the following: "A true valuation of the property of each person.''
Amend Section 3:
Substitute the figures $3.60 for $1.50.

TuEsDAY, JuLY 26, 1910.

501

Amend Section 6 by striking therefrom the words "from said map or otherwise" in the second line of Sec. 6.
Amend Section 7 by inserting after the word ''on'' and before the word "the" in the 13th line of the printed bill the words ''the regular tax digest or on." Amend further by adding to said Sections the following: Provided nothing in this paragraph shall be construed to be applicable to or in any way affect the payment and collection of taxes now required by law to be returned to the ComptrollerGeneral of the State.
On motion the Senate adjourned until tomorrow morning at 10 o'clock.

502

JOURNAL OF THE SEN ATE.

SEN ATE CHAMBER, ATLANTA, GEORGIA,
WEDNESDAY, July 27, 1910. The Senate met pursuant to adjournment at 10 o'elock, 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 Bowen Burwell Blackwell B\uch CaHaway of lOth Callaway of 29th Calhoun Cates Day Gordy Griffith Harrell Harben

Irwin Johnson Jackson Kemp King Longley .Mays :Morris Mathews McLean :McDowell McCurry McWilliams McCollum

McClure Patterson Price Pitts Hutherford Rudicil Slater Sellers Steyens Thompson Ward Womble
\\"oor1
Mr. President

Mr. Conley was absent.

The Journal of yesterday was read and approved.
By unanimous consent Senate Resolution No. 56 was recommitted to the Committee on General Judic1ary.

VVEDNE8DAY, JULY 27, 1910.

503

By unanimous consent the following bill of the Senate was read 3rd time and put upon its passage.

By Mr. Blackwell-
A bill to amend the Act incorporating the town of Shady Dale.

Report of the Committee was agreed to.

Upon the passage of the 'bill the ayes were 27, nays, 0.
The bill having received the requisite Constitutional majority was passed.

Mr. Mathews, Chair.man of the Committee on General Judiciary, submitted the following report:

Mr. President:
The Committee on General Judiciary has had under consideration the following Senate bill which I am instructed to report back to- the Senate with the recommendation that it do not pass, to-wit:
To be entitled an Act to repeal all Laws of Force, in this State, authorizing any Private Person or Corporation to condemn water powers, or lands,
right of ways, or easements, connected therewith

504

JOURNAL OF THE SEN ATE.

and particularly, the Act of December 7th, 1897, for that purpose.
Respectfully submitted,
H. A. MATHEws, Chairman.
Mr. Patterson, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House the following bills of the Senate, to-wit:
A bill to provide for State and County Boards of 1'ax R.eturns and Valuations.
A bill to amend the Constitution of Georgia, by making the salary of the State School Commissioner $3,000 per annum.
Respectfully submitted,
L. F. PATTERSON, Chairwan.
Mr. Womble, Chairman of the Committee on Special Judiciary, submitted the following report, towit:

WEDNESDAY, JuLY 27, 1910.

505

M-r. President:
The Committe~ on 'Special Judiciary has had under consideration the following Senate bills which they instructed me to report the same back to the Senate with the recommendation that they do pass.
A bill (No. 237) An Act to amend Section 2615 of the Code of .Georgia in regulating labor in cotton and woolen manufacturing establishments in the State of Georgia, and for other purposes.
A bill (No. 252) An Act to amend an Act to establish the City Court of Swain&boro in and for the county of Emanuel.
The Committee has had also under consideration the following House bills which they instruct me to report the same back to the Senate with the recommendation that they do pass.
A ,bill (No. 785) A bill to be entitled an Act to provide a system of registr;;ttion for the city of Fort Gaines, Georgia, and for other purposes.
A bill (No. 840) An Act to amend an Act approved Oct. 1, 1887 to authorize the Mayor and Aldermen of the city of Savannah to require the grading, paving, macadamizing or otherwise improving the streets of said city.
Respectfully submitted, M. D. WoMBLE, Chairman.

506

JouRNAL oF THE SENATE.

By unaJ?.imous consent the following House bills were read 3rd time and put upon their passage.

By Messrs. Alexander and Field-

A bill to amend the charter of the town of Li. thonia, so as to extend the limits thereof.

Report of the Committee was agreed to.

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

The bill having received the requisite Constitutional majority was passed.

By Mr. English-

A bill to amend the Act creating a Board of Commissioners of Public Roads, Buildings, etc., for the counties of Warren and Taliaferro.

Report of the Committee was agreed to.

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

The bill having received the requisite Constitutional majority was passed.

WEDNEt:;DAY, JuLY 27, 1910.

507

By Messrs. Smith & Kennedy-
A tbill to amend an Act to incorporate the city of Hagan.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. williams-
A bill to repeal an Act to create the City Court of Danielsville in Madiso~ county.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 29, nays, 0.
The bill having received the requisite Constitutional majority was passed.
The following message was received from the House through .Mr. Boifeuillet, the Clerk thereof:

Mr. Presid!ent:
The House has passed by the requisite Constitutional majority the following bills of the House:

508

JouRNAL oF THE SENATE.

A bill to amend Section 220, Code of 1895, relative to wilful trespass.
A b1 ill to amend Appropriation Act, so as to add salary of stenographer to State Bank Examiner.
A bill to append Act approved August 23, 1905, relating to building and loan associations.
A bill to amend Section 194, Volume 3, Code of 1895, relative to larceny after trust.
A bill to reincorporate town of Kirkwood.
A bill ~o amend new charter for city of Madison.
A bill to repeal County Court Act, so far as same applies to Morgan county.
A bill to establish City Court of Madison.
A bill to appropriate $10,000.00 to Department of Entomology to eradicate black. root or wilt disease in cotton.
The House has passed by tlie requisite Constitutional majority the following resolutions of the House.
A resolution to submit plans for building on campus of North Georgia Agricultural College at Dahlonega to the Governor.

WEDNESDAY, JULY 27, 1910.

509

A resolution that State Li,brarian furnish Clerk of certain city courts, Georgia reports, etc.
The House has passed by the requisite Constitutional majority the following bill of the Senate:
A bill to change time of holding the Superior Court of Hart county.
'Mr. Callaway, Chairman of Com~ittee on Counties and County Matters, submits the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill and instruct me, as their Chairman, to report the same back to the Senate with the recommendation that it do pass:
A bill to be entitled an Act to authorize the County Commissioners of Camden county to issue license to persons conducting church suppers or festivals, and for other purposes.
Respectfully submitted,
R. D. CALLAWAY, Chairman.
Mr. Irwin, Chairman of the Committee on Corporations, submitted the following report:

510

JouRNAL oF THE SENATE.

Mr. Pres.ident:
The Committee on Corporations has had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend the charter of the town of Soperton.
The Committee has had under consideration the following House bills which I am instructed to report ;back to the Senate with the recommendation that the same do pass, to"wit:
A bill to create a Board of Examiners of Stationary Engineers, in counties of over 125,000 pGpulation.
A bill to create a new charter for the town of Camak.
A bill to incorporate the town of Pine Park.
A bill to amend the charter of the town of Martin.
A bill to create a new charter for the town of Statham.
A bill to repeal an Act to incorporate the town of Maples.

VYEDNESDAY, JULY '27, ]910.

511

A bill to amend the charter of the city' of Rossville in Walker county, Georgia.
A bill to amend the charter of the city of Edison.
A bill to incorporate the city of Helena in the county of Telfair.
A bill to incorporate the town of Wilburn in the county of Franklin.
A bill to provide for a new charter for the town of Arlington in the counties of Calhoun and Early.
A bill to incorporate the town of Carnegie in county of Randolph, Georgia.
A bill to create a Board of Commissioners for the city of Fort Gaines.
A bill to amend the charter of the town of Avalon.
A bill to amend an Act to reincorporate the city of Manchester under the name of College Park.
A bill to amend an Act incorporating the town of Austell in Cobb county, Georgia.
A hill to repeal an Act creating the office of Com. missioner of Roads and Revenues for the county of Madison.

512

JouRNAL OF THE SENATE.

A bill to amend the charter of the town of Doerun.
A bill to repeal an Act to incorporate the town of Boynton in the county of Catoosa.
A bill to amend the charter of the town of Pineview in Wilcox county.
A bill to incorporate the town of Ellenton, Colquitt county, Georgia.
Respectfully submitted,
J No. R. IRwiN, Chairman.
Mr. MeWilliams, Chairman of Committee on Education submits the following report:

Mr. President:
Your Committee on Education has had under consideration the following House bills and instruct me, as their Chairman to recommend the same back to the Senate with the recommendation that they <'lo pass.
A bill to be entitled an Act to establish a system of public schools in the city of Senoia, to levy and collect tax for support of same, to create a Board of Education for said city, to provide for issue and selling bonds,_ and for other purposes.

WEDNESDAY, JuLY .27, 1910.

513

A bill to be entitled an Act to incorporate the
Tennille School District in the city of T'ennille, county of Washington to define boundaries, regulate management, and for other purposes.
Respectfully submitted,
MeWILLIAMs, Chairman.
The following special order was taken up, read 3rd time and put upon its passage:

By Mr. Sellers-
A bill to amend Paragraph 1, Section 1, Article 7 of the Constitution as amended, providing for the payment of pensions to ex-Confederate Soldiers and the widows of ex-Confederate soldiers.

Mr. Gordymoved that the bill under consideration be referred to a Committee of three, for the purpose of perfecting this bill with amendment and report back tomorrow morning.

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

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Bureh Cal'laway of lOth Callaway of 29th Calhoun Cates

Day Gordy Irwin Kemp Mathews McLean McDowell McCurry McCollum

!'rice Pitts Rutherford Slater Stevens Thompson Ward Woo<l

514

JouRNA:r. OF THE SENATE.

Those voting in the negative were Messrs.:

Griffith Harrell Johnson .Jackson

King Longley Mays McWi!Uams

Patterson Rudieil Sellers Womble

Those not voting were Messrs. :

Conley Harben

Morris McClure

Ayes, '~)6 ; Na' ys, L').

Mr. President

The motion prevailed.

Committee is composed of Calhoun, Burwell and . Mathews.
The following Senate bill was read 1st time:

By Mr. Jackson-
A bill to regulate the employment of minors in the messenger services and to fix the ages of persons so employed.
Referred to Committee on Immigration and Labor.
By unanimous consent the following Senate bill was read 3rd time and put upon its passage:

WEDNESDAY, JULY 27, 1910.

515

By Mr. Griffith-
A bill to prohibit the furnishing or exhibiting to any female in this State any writing or printing containing any obscene or vulgar language.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended, and the amendment is as follows:
Amend by inserting ''or pictures'' before shall in 4th line.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has passed by the requisite Constitutional majority the following bill of the House.
A bill to amend Acts to incorporate the town of Cumming.
By unanimous consent the following Senate bill was ~ead 3rd time, and put upon its passage:

516

JOURNAL OF THE SEN ATE.

By Messrs. Gordy, Harrell and Womble-
A bill to fix the salary of Solicitors-General of the several Judicial Circuits of this State at $3,000 per annum.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the ~ffirmative were Messrs.:

Akin Bowen Burwell Blackwell Callaway of lOth Callaway of 29th Calhoun Cates Gordy Harrell

Irwin .Tohnson Jackson Kemp King Mays Mathews McLean McCurry M:cWiliiame

McCollum Patterson Price. Pitts Hutherfcrd Sellers Womble
Wood

Those voting in the negative were Messrs.:

Burch Day Griffith Longley

Morris McDowell McClure Rudicil

Slater Stevens Thompson Ward

Those not voting were Messrs. :

Conley

Harben

Mr. President

Ayes, 28; Nays, 12.

I,

WEDNESDAY, JuLY 27, 1910.

517

The bill having received the requisite Constitutional majority was passed as amended and the amendments are as follows:
Amend by adding the following provision at the end of Section one of said Act:
Provided, That the provisions of this Act shall not repeal or affect any valid Act authorizing any county in this State to supplement the salary of such office.
Amend 2nd amendment by inserting in third line after the words ''fines'' the word ''costs.''
By inserting after 2nd amendment following language: "The county shall secure from the costs, fines and forfeitures occurring in the Superior Court all sums now received by the Solicitor--General and shall be substituted for the Solicitor-General in Commission as to all claims upon said funds, under the .present provisions of law.
Amend the title by inserting between the word "officers" and the word "and" in the last line thereof the following words: '.'To provide for the collections and dispositions of moneys arising from fines and forfeitures as fees now received by Solicitors-General.''
.Amend by adding a new Section to be knOIWn as Sec. 3. It shall be the duty of the Clerk of Court to

518

JouRNAL oF THE SENATE.

collect all moneys arising from fines, costs and for-

feitures now received as fees by Solicitors-General,

and within thirty days after adjournment of each

.term of court pay over to the County Treasurer, all

moneys so collected, said money to he expended by

the county authorities for the use of the county as

other county funds are expended, it shall be the duty

of such clerk to make out a full and complete state~

ment of all moneys so collected and paid out, and

present the same to the presiding judge, who if upon

examination finds same to be correct order the same

entered upon the minutes of the court and if found

not to be correct shall order the same corrected be-

fore being entered as above provided, amend by re-

numbering repealing clause.

'

The following Senate bill and resolution we,re read 1st time:

By Mr. Mathews-
A bill to authorize the State Board of Entomology to employ whatever assistants are needed to successfully conduct the work of the Board, and for other purposes.
Referred to Committee on Agriculture.

By Mr. MathewsA resolution to create a commission to consider

WEDNESDAY, JULY 27, 1910.

519

the matter of exchanging the Governor's Mansion, and for other purposes.

Referred to Committee on General Judiciary. The foHowing House bills were read 1st time:

By Messrs. Jones and Keith-
A bill to create a new charter for the town of Luthersville.
Referred to Committee on Corporations.

By Mr. Woodliff-
A bill to amend and revise the several Acts incorporating the town of Cumming.
Referred to Committee on Corporations.

By Messrs. Alexander and FieldA bill to incorporate the town of Oakhurst. Referred to Committee on Corporations.

By Mr. Field-
A bill to incorporate the town of Kirkwood, and for other purposes.

520

JOURNAL OF THE SENATE.

Referred to Committee on Counties and County Matters.

By Mr. Atkinson-

A bill to establish the City Court of Madison. Referred to Committee on Corporations.

By Messrs. Anderson, Lawrence and McCarthy-

A bill to authorize the establishment and use of farms as places of confinement for certain persons.

Referred to Committee on General Judiciary.

By Mr. Dickson-
A bill to am\Olnd the Act establishing City Court of Fitzgerald.
Referred 'to Committee on Special Judiciary.

By Mr. Hall-
A bill to authorize the County Board of Commissioners for Bibb county to issue and sell bonds for certain purposes.
Referred to Committee on General Judiciary.

WEDNESDAY, JULY 27, 1910.

52J

By Mr. AlleyA bill to amend Section 574, Volume 1 of the Code. Referred to Committee on Special Judiciary.

By Mr. Calbeck-
A bill to repeal an Act to alter and amend the road laws of the State of Georgia as applicable to the counties of Gordon, Whitfield and Murray.
Referred to Committee on Counties and County Matters.

By Messrs. Couch and Kirby-
A bill to establish .a s-ystem of public schools for the city of Senoia, and for other purposes.
Referred to Committee on Education.

By Mr. Stubbs-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Putnam Co.
Referred to Committee on Counties and County Matters.

522

JouRNAL OJ<' THE SENATE.

By Mr. Hall-
A hill to amend and construct an Act approved Aug. 23, 1905, amending Section 2388 of the Code.
Referred to Committee on General Judiciary.
By Messrs. Moore and Kendrick-
A resolution to pay Mrs. R. A. Lynn the pension due to her for the years 1903, 4, 6 and 7.
Referred to Committee on Pensions.
By Mr. HubbardA resolution to refund to J. R. Hubbard, et al.,
amount paid by him for charter.
Referred to Committee on Appropriations.
By Mr. McElreath-
A bill to amend an Act to provide a new charter for the town of East Point.
Referred to Committee on Corporations.
By Messrs. Persons, Vinson, Turner and BrownA bill to appropriate $15,000.00 to erect and equip
a new building at the State Sanitarium for the treatment of patients with tuberculosis.

WEDNESDAY, JuLY 27, 1910.

523

Referred to Committee on Appropriations.

By Mr. Lawrence-
A bill to alter and amend:Section 194, Volume 3 of the Code.
Referred to Committee on General Judiciary.

By Mr. Atkinson-

A bill to amend the new charter of the city of Madison.
Referred to Committee on Corporations.

By Mr. Chandler-
A bill to amend Section 220 of the Code of Ge~r gia.
Referred to Committee on General Judiciary.

By Messrs. Brinson and Gillis-
A bill to amend an Act el:)tablishing the City Court of Swainsboro.
Referred to Committee on Special Judiciary.

524

JouRNAL oF THE SENATE.

~y Mr. Edmondson-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Chattooga county.
Referred to Committee on Counties and County Matters.

By Mr. Tracy-
A bill to fix the salary of the treasurer of Web-
ster.
Referred to Committee on Corporations.

By Mr. Moss-
A bill to authorize the Mayor and Council of the city of Marietta in Cobb county to order an election held to determine whether or not 'bonds shall be issued by the city, and for other purposes.
Referred to Committee on Corporations.

By Mr. Moss-
A bill to amend and create a new charter for the city of Marietta.
Referred to Committee on Corporations.

WEDNESDAY, JULY 27, 1910.

525

By Mr. Moss~
A bill to amend the Act creating a new charter for the city of Marietta, so as to consolidate and declare the rights and powers of said city.

Referred to Committee on Corporations.

By Mr. Moss-
A bill to authorize the Mayor and Council of Marietta to hold an election to determine whether bonds shall be issued to complete the sewerage system of said city.

Referred to Committee on Corporations.

By Mr. R<Yberts-

A bill to amend the Act establishing the City Court of Eastman.

Referred to Committee oii Special Judiciary.

By Mr. Williams-
A hill to create a Board of Commissioners of Roads and Revenues for Madison county.
Referred to Committee on Special Judiciary.

526

JouRNAL OF THE SENATE.

By Mr. MillerA bill to amend Section 982, Volume 1 of the Code. Referred to Committee on Banks and Banking.

By Mr. Meadows-
A bill to amend the Act incorporating the town of Helena in Telfair county.
Referred to Committee on Corporations.

By Mr. Peacock-
A bill to abolish the City Court of Pulaski county.
Referred to Committee on Special Judiciary.
'
By Messrs. Moss and Daniel-
A bill to create a system of Public Schools for the town of Powder Springs.
Referred to Committee on Education.
By Mr. Booker-
A resolution to submit plans for a building on the campus of the North Georgia Agricultural College at Dahlonega.
Referred to Committee on Appropriations.

WEDNESDAY, JULY 27, 1910.

527

By Mr. Atkinson-
A bill to repeal the Act creating county courts of this State, so "far as the same relates to the county of Morgan.
Referred to Committee on Corporatio,ns.

By Mr. McMichael~
A 1bill to authorize the Governor to expend the rental from the Indian Springs reserve or so much thereof as may be necessary to keep. the public comfort buildings in good repair.
Referred to Committee on Appropriations.

By Mr. Henderson-
A bill to appropriate ten thousand dollars to work on black root in cotton, and for other purposes.
Referred to Committee on Appropriations.

By Mr. ReidA 1bill to amend the Act creating the City Court
of Oglethorpe.
Referred to Committee on Special Judiciary.

528

JoURNAL 01!' THE SENATE.

By Mr. Moss-
A bill to appropriate the sum of $2,000 for improving the Confederate Cemetery at Marietta.

Referred to Committee on Appropriations.

By Messrs. Davis and Jones-
. A bill to change the time of holding Mi~chell and Dougherty Superior Courts.
Referred to Committee on Special Judiciary.

By Mr. Jones-
A bill to amend the Appropriation Act so as to provide for the salary of the stenographer of the State Bank Examiner.
Referred to Committee on Corporations.
By Mr. Wood-
A bill to create a Board of Commissioners of Roads and Revenues for Banks county.
Referred to Committee on Counties and County Matters.

WEDNESDAY, JULY 27, 1910.

529

By Mr. La:wrence-
A resolution to authorize the State Librarian to furnish reports to certain city courts.
Referred to Committee on General Judiciary.

By Mr. Tarver-
A resolution to appropriate $2,500 for the purpose of erecting a monument to the memory of General Joseph E. Johnston at Dalton.
Referred to Committee on Appropriations.
The following Senate bills were read 2nd time :
By Mr. Calhoun- .
A bill to amend an Act incorporating the town of Soperton.
By Mr. Harrell-
A bill to make the wife a competent and compellable witness in all prosecutions for crime of seduction under the laws of this State.

By Mr. SlaterA bill to amend Section 5018 of the Code.

530

JoURNAL OF THE SENATE.

By Mr. Akin-
A bill to authorize the Commissioners of Roads and Revenues for Glynn county to fix the salary of the clerk of said board.

By Messrs. Gordy, Womble and Ward-
A bill to provide for the putting of Solicitors of the city courts of this State on a salary.

By Messrs. Calhoun, Slater, Patterson and King-
A bill to provide for a department of Labor and to provide for the appointment of a commissioner.

The following House bills were read 2nd time:

By Mr. WightA bill to incorporate the town of Pine Park.

By Messrs. Lord and JoinerA bill to incorporate the Tennille School District.

By Mr. WaltersA bill to incorporate the town of Ellenton in Col-
quitt county.

WEDNESDAY, JULY 27, 1910.

531

By Mr. English-

A bill to amend, consolidate and supersede the . several Acts incorporating the town of Camak.

By Mr. Turnipseed-
A bill to create a Board of Commissioners for the
city of Fort Gaines.

By Messrs. Barksdale and Booker-
A bill to amend the Act establishing the City Court of Washington.

By Mr. Williams-
A bill to repeal the Act creating the office of Commissioner of Roads and Revenues for Madison Co.

By Mr. Roberts-
A bill to amend the Act creating the Commissioners of Roads and Revenues for Dodge county.
By Mr. Moss-
A bill to amend the Act amending an Act incorporating the town of Austell.

532

JOURNAL OF THE SENATE.

By Mr. Barrett-
A bill to amend the charter of the town of Martin.

By Messrs. Alexander, Brown and McElreath-
A bill to amend the laws heretofore passed incorporating tlie town of Manchester.

By Mr. Miller-
A bill to amend the Act providing for a new charter for the town of Arlington.

By Mr. Chandler-
A !bill to incorporate the town of Wilburn in Franklin county.
Referred to Committee on Corporations.

By Mr. Barrett-
A bill to amend the charter of the town of Avalon.

By Mr. Adams~
A bill to incorporate the town of Candler in Hall county.

WEDNESDAY, JuLY 27, 1910.

533

By Messrs. Hardeman and Holder-
A bill to create a new charter for the town. of Statham.

By Mr. Walters-
A bill to amend the charter of the town of Doerun.

By Mr. MeadowsA bill to incorporate the city of Helena.

By Messrs. Adams and Carter_:_
A bill to amend the Act creating the Board of Commissioners of Roads and Revenues for Hall Co.
By Mr. Wright-
A bill to prohibit betting on any election or primary in this State.

By Mr. JonesA bill to repeal the Act incorporating the town of
Maples.
By Mr. McElreathA bill to auth(lrizc the County Commissioners to

534

JouRNAL oF THE SENATE.

create a Board of Examiners of Stationary Engineers and to prescribe their powers and duties.
By Mr. Rogers-
A bill to incorporate the town of Carnegie in Randolph county.
By Mr. Adams-
A bill to authorize the county of Hall to issue bonds for the purpose of building public roads.
By Mr. Rosser-
A bill to amend the charter of the city of Rossville in Walker county.
By Mr. Hullender-
A bill to r~peal the Act incorporating the town of Boynton.
By Mr. Miller-
A bill to amend the Act creating and incorporating the town of Edison, so as to create the city of Edison.
By Mr. Miller-
A bill to amend the Act establishing the City Court of Waycross.

WEDNESDAY, JULY 27, 1910.

535

By Mr. Godley-
A bill to authori~e the County Commissioners pf Camden county to issue license to persons conducting church festivals.
The following House 'bills were read 3rd time and put upon their passage.

By Mr. Johnson-
. A bill to amend the Act approved Aug. 14, 1909, establishing the City Court of Hazlehurst.
Report of the Committee was agreed to.
Upon the ,passage of the bill the ayes were 27, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Tarver-
A bill to increase the number of terms of the Superior Court of Whitfield county, Georgia.
'Report of the Con{mittee ~as agreed to.
Upon the passage of the bill the ayes were 23, nays, 0.

536

JouRNAL oF THE SENATE.

The bill having received the requisite Constitutional maj-ority was passed.

By Messrs. Carter, Wright and Holder-
A bill to amend an Act creating the City Court of Floyd county, approved Sept. 27, 1883.

Report of the Committee was agreed to.

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

The bill having received the requisite Constitutional majority was passed.

By Messrs. McElreath and Brown-
To amend an Act establishing a new charter for the city of Atlanta, approved Feb. 28, 1874.

Report of the Committee was agreed to.

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

The bill having received the requisite Constitutional majority was passed.

By Messrs. Fields and Alexander-

A bill to ratify and confirm the closing of Ansley

street in Decatur, Ga.

'

WEDNESDAY, JuLY 27, 1910.

537

Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Chandler-
A bill to amend an Act authorizing the city of Lavonia to establish and maintain a system of public schools.
Report of the Committee was agreed to.
Upon the passage 'Of the hill the ayes were 27, nays, 0.
The bill having received the requisite Constitutiol}al majority was passed.

By Messrs. Tuggle and Lovejoy-
A bill to amend an Act establishing a new charter for town of Hogansville in Troup county, Ga.
Report of the -Oommittee was agreed to.
Upon the passage 'Of the bill the ayes were 23, nays, 0.

538

JouRNAL oF. TH.J.; SENATE.

The bill having received the requisite Constitutional majority was passed.
By Mr. Allen-
A bill to repeal an Act to incorporate the town of Atwater in the county of Upson.
Report of the Oommittee was agreed to.
Upon the passage of the bill the ayes were 25, nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Miller-
A bill to amend an Act to provide and establish a new charter for the city of Waycross.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25, nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Messrs. Slade and Wohlwender-
A bill to vest in the city of Columbus, Ga., title to certain lands now used for streets and known as all that part of Eleventh street lying east of Sixth Ave.

WEDNE::;DAY, JULY 27, 1910.

539

R.eport of the Committee was agreed to.
Upon the passage of the bill the ayes were 24, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Paulk-

A bill to amen'd an Act incorporating the town of Milltown in Berrien county.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Lawrence-----

A bill to authorize the Mayor and Aldermen of the city of Savannah to provide for the registration of voters prior to any municipal election in said city.
Report of the Committee was agreed to.
Upon the passage of the bill by substitute the ayes were 26; nays, 0.

540

JouRNAL oF THE SENATE.

The bill having received the requisite Constitutional majority was passed.

By Mr. Boyd-

A hill to amend an Act creating the Board of County Commissioners of Spalding and Butts counties.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. W ohlwender and Slade-

A bill to authorize the sale of a part of the commons of the c!ty of Columbus at the intersection of Cemetery street and Seventh avenue known as the Broad Street Methodist Parsonage property.
Upon the passage of the Act the ayes were 23, nays, 0.
The bill having received the requisite Constitutional majority was passed..

WEDNESDAY, JULY 27, 1910.

541

By Mr. Henderson-
A bill amending an Act establishing the City Court of Ashburn in and for the county of Turner.
Report of the Committee was agreed to.
:_upon the passage of the hill the ayes were 26, nays, 0.
The bill having received the requisite Constitutional mttjority was passed.
'
By Mr. Reid-
A bill to amend the charter of the town of Faitburn, Campbell county, Georgia, approved Dec. 18, 1897.
R.eport of the Committee was agreed to.
Upon the passage of the bill the ayes were 26. nays, 0.
The bill having received the requisite Constitu tional majority was passed.

By Messrs. Heardland Beacham-
A bill to amend the charter of the town of Unadilla.
Report of the Oommit~ee was agreed to.

54:!

JouRNAL oF THE SENATE.

Upon the passage of the bill the ayes were 24, nays, 0.
The bill having received the requisite Constitu-
1
tiona! majority was passed.

By Mr. Johnson-
A bill to prohibit taking fish from that part of the Hiawassee River above the bridge at Newt Taylor's store in Towns county, Georgia, also that f'Ortion of Tahlula River, Hog Creek, Fodders Creek and Turpin Creek.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23, nays, 0.
The bill having received the requisite Cons.titutional majority was passed.

By Mr. Henderson-
A bill to repeal an Act to inC'orporate the town of Sycamore in Turner county.
Report of ~he Committee was agreed to.
Upon the passage of the bill the ayes were 26, nays, 0.

WEDNESDAY, JuLY '27, 1910.

'543

The hill having received the requisite Constitutional majority was passed.

By Mr. Ford-

A bill to amend an Act establishing the City Court of Sylvester in and for the county of Worth.

Report of the Committee was agreed to.

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

The bill having received the requisite Constitutional majority was passed.

By Messrs. Heard and Beacham-

A bill to amend an Act incorporating the town of

Unadilla.

...

Report of the Committee was agreed to.
Upon the passage of the bill the aye~ were 24, nays, 0.

The bill having received the requisite Constitutional majority was passed.

By Mr. Wight-

A -.bill to amend the charter of the city of Cairo in Grady county.

544

JOURNAL OF THE SENATE.

Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Henderson-
A bill to create a new charter for the town of Worth in Turner county.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays, 0.
The bill having received the requisite Constitu, tional majority was passed.
By Mr. Miller-
A bill to regulate the butchering and dressing of cattle for the market in Ware county, Georgia.
Report of the Committee was agreed to.
Upon the passage of the 'bill the ayes were 23, nays, 0.
The bill having received the requisite Constitutional majority was passed.

WEDNESDAY, JULY 27, 1910.

545

By Mr. Minter-
A bill to incorporate the town of Brooks in Fayette county.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 29, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Field-
A 'bill to amend an Act authorizing the town of Lithonia to establish a system of public schools.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 29, nays, 0.
The bin having received the requisite Constitutional majority was passed.

By Messrs. Moss and Daniel-
A bill to amend the charter of Powder Springs in Cobb county.
Report of the Committee was agreed to.

546

JouRNAL oF THE SENATE.

Upon the passage of the bill the ayes were 24, nays, 0.
The bill having received the requisite Constitutional majority was passed.
Mr. Conley was granted leave of absence.
On motion the Senate adjourned until tomorrow morning at 10 o'clock.

THURSDAY, JuLY 28, 1910.

547

SENATE CHAMBER, ATLANTA, GEORGIA,

THURSDAY, July 28, 1910.

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

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell Blackwell Burch CalLaway of lOth Callaway of 29th Calhoun Cates Day
Gordy
Griffith Harrell Irwin

Johnson Jackson
Kemp King Longley Mays Morris Mathews McLean McDowell McCurry McWilliams McCollum
McClure

Patterson Price
Pitts Rutherford Hudicil s:ater
Sellers Stevens Thompson Ward Womble
Wood M.r. President

Those absent were Messrs:

Conley

Harben

The Journal of yesterday was read and approved.

Mr. Burwell, Chairman of the Committee on Appropriations, submitted the following report:

548

JouRNAL oF THE SENATE.

Mr. Pte:sident:
The Committee on Appropriations has had under consideration the following resolution of the House which it instructs me to report back to ~he Senate with the recommendation that the same do pass:
A resolution to appropriate the sum of $281.25 to pay balance past due salary for 1909 of the assist~ ant and second assistant State Librarian, and for other purposes.
Respectfully submitted,
BuRWELL, Chairman.

'l'he following is report of Special Committee, submitted by Mr. Stevens:

1'o the Senate of Georgia:
Under the call of the Chairman, the Committee of the University of Georgia and Branches, met at Athens, Ga., Oct. 4th, 1909. This Committee, with a similar one from the House of Representatives, spent the day visiting the University, the State Agricultural College, and the Normal School.
Within the short time taken to investigate these different institutions, the examination was neces~ Rarily rapid and incomplete. We found that "Old College," the first chartered State University in the

THURSDAY, JULY 28, 1910.

549

United States, which was undergoing repairs in 1908, had been completed, and was then in use-the same old Chapel was in use-the board at the "Eating house'' had been advanced in price from $9.00 to. $10.00 per month, on account .of the increased . cost of foods. The student 'body was assembled and in the Chapel, and presented a healthy and intelligent appearance.
We visited the State Agricultural College that had recently been finished, at a cost of $100,000.00, and which was situated upon a tract of land of one thousand acres, adjoining that of the old campus. Here we found classes engaged in all kinds of agricultural pursuits, making good progress.
'The Committee then visited the State Normal College, where we found the school rooms, dormitories, libraries, etc., entirely too small for accommodations of the student body, and ye~ more than four hundred applicants, Georgia boys and girls were denied admission for the want of room. This is a cause of deep regret, if not of down-right shame.
The Committee then divided into sub-committees, and visited the North Georgia Agricultural College, the Normal and Industrial College, and the Georgia School of Technology.
At the North Georgia Agricultural College we found the school in a prosperous and healthy condition. The dormitory had been completed and

550

JOURNAL OF THE SEN ATE.

added materially to the efficiency of the school. However, there is no library nor assembly hall, which we hope the next session of the Legislature will make provision to establish.
At the State Normal and Industrial College, we find the same general conditions-inadequ1,1te facil- ities in all departments. More regrets, if not shame, here. The President states that about five hundred of Georgia girls have made application for admittance, but no room for them.
At the Georgia School of Technology we find the above discreditable conditions exist, not enough facilities to accommodate the applicants.
We find. the total number of students enrolled at the University and its branches, as follows:
At the University, (Athens) ____________ 955 At North Ga. Agricultural, (Dalonega)__ 214 At the School of Technology, (Atlanta)__ 800 At Normal and Industrial, (Milledgeville) 663 At Normal, (Athens) ------------------ 819 At Industrial College for colored
youths, (Savannah) --------------- 463 At Medical College, (Augusta)__________ 111

Respectfully submitted,

4,025

C. 0. STEVENs, Chairman.

THURSDAY, JuLY 28, 1910.

551

The following is the certificate of Secretary of State notifying the Senate of the election of Ron. M. E. Collum, Senator-elect from the 13th District:

OFFICE OF
THE SECRETARY OF STATE.
ATLANTA, GA., JuLY 28TH, 1910.
His Excellency, the Governor:
'SIR: I have the honor to report to you, for Commission, as per the election return received and on file in this office, the following named persons, towit:
~hirteenth Senatorial District; election held on 26th July, 1910; M. E. Collum elected.
Election held 26th July, 1910.
Respectfully,
PHILIP CooK, Secretary of State.

Mr. M. E. Collum appeared before the Secretary
desk and took the oath of office as .Senator elect from
the 13th District. 'The oath was administered by
Judge A. q-. Powell of the Court of Appeals.

By unanimous consent the following House Reso-

lution was read 2nd time:



552

JoURNAL OF THE SENATE.

By Mr. Reid-
A resolution to appropriate the sum of $281.25 to pay balance past due salary for 1909 of the As~istant and Second Assistant State Librarian.
The following Senate Bill was read 1st time:

By Mr. Sellers-
A bill to restrict the jurisdiction of the City Court of Baxley and to fix the terms of the Judges thereof.
Referred to Committee on General Judiciary.

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

Mr. President :
The House has passed by the requisite Constitutional majority the following bills of the House.
A bill to define the powers and rights of an attorney-at-law.
A bill to appropriate funds for the support of the Georgia State Sanitarium.
A bill to amend Section 574, Volume 1, Code 1895, relative to toad duty.

THURSDAY, JULY 28, 1910.

553

A bill to appropriate funds to complete building for treatment of tuberculosis at the Georgia State Sanitarium.
A bill to prescribe when judgments shall become dormant.
A bill to appropriate funds to supply deficiency in Public Buildings Fund.
The House has passed by the requisite Constitutional majority the following resolution of the House.
A resolution providing for the purchase of Georgia Reports, Volume 35 to 65.
The House has passed by the requisite Constitutional majority the following bill of the Senate.
A bill to amend Acts incorporating the city of Dalton.
Mr. Patterson, Chairman of the Committee on Engrossing, submitted the following report:

illr. President:
The Committee on Engrossing report that they have examined and_ found properly engrossed and 1eady for transmission to the House, the following Senate Bills, to-wit:

554

JouRNAL OJ<' THE SENATE.

A bill to fix the salary of the Solicitors-General of the several circuits of this State.
A bill to prohibit the furnishing or exhibiting to any female any writing or printing containing obscene or vulgar language.
A ,bill to amend the charter of t~e town of Shady Dale.
Respectfully submitted,
L. F. PATTERSON, Chairman.

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

111r. President:
The Committee on Corporations has had under consideration the following House Bills, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
To 'be entitled an Act to create a new ~hatter for the town of Luthersville, in Meriwether County.
A bill to incorporate the town of Oakhurst, in DeKalb County.
A bill to amend an Act to provide a new charter for the town of East Point in the County of Fulton.
A bill to authorize ,the Mayor and Council of the

THURSDAY, JULY 28, 19i0.

555

city of Marietta, in the county of Cobb, to hold an election for the purpose of voting bonds for improvement of the waterworks system.
A bill to authorize the Mayor and Council of the city of Marietta, in the County of Cobb, to hold an election for the purpose of voting bonds for the improvement of the sewerage system of s-aid city.
A bill to amend an Act creating a new charter for the city of Marietta, in the county of Cobb.
A bill to amend an Act creating a new charter for the city of Marietta, Cobb County, Oa., and to consolidate and declare the rights and powers of said corporation.
A bill to fix the salary of the Treasurer of Webster County.
A bill to amend an Act incorporating the town of Helena, in Telfair County.
A bill to amend the appropriation Act to provide for the salary of the stenographer to the State Bank Examiner.
A bill to amend and revise the several Acts incorporating the town of Cumming.
Respectfully submitted,
JNo. R. IRWIN, Chairman,-

556

JOURNAL OF THE SENATE.

Mr. McCollum, Chairman of the Committee on Public Property, submitted the following report:

Mr. President:
The Committee on Public Property has had under consideration the following House resolution which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A resolution to appropriate $1,500.00 to the Resaca Cemetery for building and repairing purposes.
Respectfully submitted,
J. R. McCoLLuM, Chairman.

The following special order was taken up with adverse report from the Committee, which is as follows:
By Messrs Calhoun and Slater-
A bill to amend the registration law approved August 15, 1908.
Mr. Jackson moved the previous question, and on this motion the ayes and nays were ordered and the vote is as follows:

THURSDAY, JULY 28, 1910.

557

Those voting in the affirmative were Messrs.:

Burwell Blackwell Burch Callaway of lOth Cates Collum

Harrell Johnson Jackson Kemp Mays McWilliams

Pitts "Rutherford Thompson Ward Wood

Those voting in the negative were Messrs.:

Akin Bowen Calhoun Day Gordy Griffith Irwin K;ng

Longley Morris Mathews McLean McDowell McCurry McCollum McClure

Patterson Price R.ndicil Slater Sellers Stevens Womble

Those not voting were Messrs. :

Callaway of 29th Conley

Harben

Mr. President

Ayes, 17; nays, 23.

The motion was lost.

On disagreeing to the report of the Committee the ayes and nays were ordered.

The hour for the special order of business having arrived this order was taken up.

558

JouRNAL oF THE SENATE.

Mr. Collum was added to the following Committees.
Committee on Education. Committee on Penitentiary. Committee on State Sanitarium. Committee on Agriculture. Committee on Public Roads. Committee on Corporations. Committee on University of Georgia.
M. E. CoLLuM.

The following Senate Bills were read 1st time:

By Mr. Mathews_:_
A bill to provide for the workings of public roads in Crawford County.
Referred t.o Committee on General Judiciary.

By Mr. Stevens-
A bill to amend the charter of the town of Lexington and to change the name of said town to the city of Lexington.
Referred to Committee on Corporations.

1 ,

THURSDAY, JULY 28, 1910.

559

By Mr. Mathews-
A bill to authorize the Board of School Commissioners of Fort Valley to' sell the property known as Grady Institute lot.
Referred to Committee on Special Judiciary.

By Mr. Harrell-
A bill to amend the Act authorizing the County Oommissioners of Stewart County to pay county officers certain costs.
Referred to Committee on Corporations.
The following .Senate bills were read 2nd time:

By Mr. Kemp-
A bill to amend the Act establishing the City Court of Swainsboro.

By Mr. Irwin-
A bill to amend Section 1376, Volume 21 of the Code.

By Mr. WombleA bill to amend Section 2615 of the Code.

560

JouRNAL oF THE SENATE.

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

Mr. President:
Your Committee on Education has had under consideration the following bills, and instruct me as their Chairman, to report the same back to the Senate with the recommendation that they do pass.
A bill to be entitled an Act to amend Section 1376, Volume 11, Code 1895, relating to compensation of County School Commissioners.
A bill to be entitled an Act to create a system of Public Schools for the town of Powder Springs, in the county of Collb; to levy a tax and provide for the support of the same and for other purposes.
Respectfully submitted,
McWILLIAMS, Chairman.

Mr. Calhoun, Vice-Chairman of Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill and instruct me as their Vice-Chairman to report the

THURSDAY, JULY 28, 1910.

561

same back to the Senate with the recommendation that it do pass.
A bill to be entitled an_ Act to repeal an Act to alter and amend the Road Laws of the State of Georgia, as applicable to the counties of Gordon, Whitfield and Murray, approved October 26, 1870, and for other purposes.
M. B. CALHOUN, Vice-Chairman.
The followting House bills were read 1st time:
By Messrs. Faircloth and Lewis-
A bill to amend Section 574 of the Code.
Referred to Committee on Gen~ral Judiciary.
By Messrs. Hardman, Brown and Ward-
A bill to appropriate additional funds for the completion and equipment at State Sanitarium for the treatment of tuberculosis.
Referred to Committee on Appropriations.

By Mr. Field-
A bill to define the powers and rights of attorneysat-law.
Referred to Committee, on General Judiciary.

56~

JouRNAL oF THE SENATE.

By Mr. Barrett -
A bill to appropriate to the Public Building Fund
the sum of $11,363.37 to supply a deficiency in said
fund, and the further sum of $5,000 to said fund to meet premiums <>n insurance policies on States property.
Referred to Committee on Appropriations.

By Mr. Fullbright-
A resolution providing for the purchase of Georgia Reports, Volumes 35 to 65, copyrights and plate& _from the MHchie Company.
Referred to Committee on General Judiciary.

By Mr. Alexander-
A bill to dispense with recording in .Superior Court execution dockets of executions issuing from other courts or the entries thereon and t<> provide that it shall be sufficient to record ihe same on the General Execution docket.
Referred to Committee on General Judiciary.
By Mr. Vinson-
A bill to appropriate the sums of $25,000 for 1910

THURSDAY, JULY 28, 1910.

563

r.nd $35,000 for 1911 for the support and maintenance of the Georgia State Sanitarium.
Referred to Committee on Appropriations.
The following House Bills were read 2nd time:

By Messrs. Jones and Keith-

A bill to create a new charter for the town of Luthersville.

By Mr. Woodliff-

A bill to amend and revise the several Acts incorporating the town of Cumming.

By Messrs. Alexander and Field-

A bill to incorporate the town of Oakhurst, in DeKa1b County.
The ahove bill was recommitted.

By Mr. Moss-

A bill to amend the Act creating the new charter for the city of Marietta.
This bill was recommitted.

564

JouRNAL OF THE SENATE.

By Mr. Moss-
A bill to authorize the Mayor and Council of Marietta to hold an election to determine whether bonds shall be issued to extend system of waterworks.
This bill was recommitted.

By Mr..Calbeck-
A bill to repeal the Act altering and amending the road laws of Georgia so far as the same relates to the counties of Gordon, Whitfield and Murry.

By Mr. Moss-
A bill to authorize the Mayor and Council to call an election to determine whether bonds shall be issued for sewerage system.

By Mr. Tracy-
A bill to fix the salary of Treasurer of Webster County.
By Mr. Turnipseed-
A bill to provide a system of registration for Fort Gaines.

'

THURSDAY, JuLY 28, 1910.

565

By Mr. Jones-
A bill to amend the Ac.t providing for a stenog~ rapher for the State Bank Examiner.

By Mr. Meadows-
A bill to amend the Act incorporating the town of Helena.

By Mr. McElreath-
A bill to amend the Act providing a new charter for the town of East Point.

By Messrs. Moss and Daniel-
A hill to create a system of Public Schools for the town of Powder Springs.

By Mr. Lawrence-
A bill to authorize the Mayor and Council of Sa- vannah to col1ect assessments for street pa:vement.

By Mr. Moss-
A bill to create a new charter for the city of Marietta.
This hi1l was re-committed.

566

JouRNAL OF THE SENATE.

The following House Bills were read 3rd time and put upon their passage:

By Messrs. Barksdale and Booker-

A bill to amend an Act to establish the City Court of Washington.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Meadows-

A bill to incorporate the city of Helena.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays~ 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. GodleyA bill to authorize the county authorities of Cam-

THURSDAY, JULY 28, 1910.

567

den county to issue license to persons conducting church festivals.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25; nays, 0.
The bill having received the requisite Constitu-tional i:najority was passed.

By Mr. Turnipseed-
A bill to create a Board of Commissioner-s of Fort Gaines.
Report of the Committee was agreed to.
Upon the passage of the bill tlie ayes were 23; nays, 0.
The ibill having received the requisite Constitutiona~ majdrity was passed.

By Messrs. Lord and Joiner-
A bill to incorporat~ the Tennille School District. Report of the Committee was agreed to. Upo~ the passage of the bill the ayes were 23; nays, 0.

568

JoURNAL OF THE SENATE.

The bill having received the requisite Constitutional majority was passed.
By Mr. Rogers-
A bill to incorporate the town of Carnegie, in Randolph County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The hill having received the requisite Constitutional majority was passed.
By Messrs. Adams and Carter-
A bill to amend the Act creating the Board of Commissi~ners of Roads and Revenues for Hall County..
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Converse-
A bill to amend an Act creating the Citizens Bank of Valdosta.

THURSDAY, JuLY 28, 1910.

569

Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Adams-
A bill to incorporate the town of Candler, in Hall County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutioual majority was passed as amended.
Amend Section 3 so that the same shall read as follows: Be it further enact~ by the authority aforesaid, That J. 0. Simmons, be, and he is, hereby appointed Mayor; T. H. Boleman, Councilman 1st Ward; L. F. Roberts, Councilman 2nd Ward; W. L. Wofford, Councilman 3rd Ward; R. J. Whelchel, Councilman 4th Ward; W. L. Lancaster, Councilman 5th Ward andA. S. Vandiver, Marshal.
Said Mayor, Councilmen and Marshal shall hold office from the date of the approval of this bill until the annual election as hereinafter provided.

570

JouRNAL oF THE SENATE.

By Mr. Jones-
A bill to repeal the Act incorporating the town of Maples.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25 ; nays, 0.
The bill having received the requisite Cons,titutional majority was passed.

By Mr. Miller-
A bill to amend the Act establishing the City Court of Waycross.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitntional majority was passed.

By Mr. Adams-



A bill to authorize the county of Hall to issue bonds.

Report of the Committee was agreed to.

THURSDAY, JULY 28, 1910.

571

Upon the passage of. the bill the ayes were 23; nays 0.
The bill having received the requisite Constitutional majority was passed.
The hour of adjournment having arrived the Senate adjourned until to-morrow morning at 10 o'clock.

G72

JouRNAl, oF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,

FRIDAY, JuLY 29, 1910.

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

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

Akin Bowen
Burwell Blackwell Burch Callaway of lOth Calhoun
Cates Collum Day Gordy
Griffith
H&rrell Harben

Irwin Johnson J&ckson
I<emp King Longley l\Iays
Morris Mathews McLean McDowell
McCurry McWilliams McCollum

McClure



ratterson

Price

Pitts

Rutherford

Hudicil

Slater

Sellers

Stevens

Thompson

W111rd

Womble

Wood

Mr. President

Those absent were Messrs:

Callaway of 29th Conley

The Journal of yesterday was read and approved.

By unanimous consent the following Senate Bill was read 1st time :

FRIDAY, JuLY 29, 1910.

573

By Mr. Gordy-
A bill to authorize the Commissioners of Commons of the city of Columbus, to convey to the city of Columbus the title in fee simple to certain common lands located on the Southeast commons in the city of Columbus.
Referred to Committee on Special Judiciary.
By unanimous consent the following House Bill was read 3rd time and put upon its passage.
By Mr. Brown-
A bill to authorize lease of certain grounds belonging to Fourth District A. and M. College, of Carroll County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 31 ; nays, 0.
The 'bill having received the requisite Constitutional majority was passed.
By unanimous consent the following Senate Bills were read 3rd time and put upon their passage:
By Mr. King-
A bill to provide the transfer of registered maps

574

JouRNAL oF THE SENATE.

of municipalities when such municipalities have been located in a new county, and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 31; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. King-

A bill to provide for Solicitors of City Courts.
.Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 29; nays, 0.
The bill having received the requisite Constitutional majority was passed.
The following House Resolution was read 2nd time:

By Mr. Calbeck-

A resolution to appropriate $1,500 to the Resaca cemetery to repair walks, etc.

FRIDAY, JuLY 29, 1910.

575

By unanimous consent when the Senate adjourns to-day it stand adjourned until Monday morning at 10 o'clock.
By unanimous consent all the appropriation bills were made speeial and continuing order displacing all other matters immediately after the reading of the Journal on Tuesday morning.
By unanimous consent the following House bill was read 3rd time and put upon its passage:
'l
By Mr. Williams-
A bill to repeal an Act creating the office of Commissioners of Roads and Revenues for Madison.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays, 0.
The bill having 'received the requisite Constitutional majority was passed.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has concurred m the Senate amendment to the following bill of the House, to-~it:

576

JouRNAL OF THE SENATE.

A bill to authorize Mayor and Aldermen of Savannah to provide for the registration of voters prior to any municipal election.
'The Hou:se has concurred in the Senate substitute to the following bill of the House, to-wit:
A bill to create the office of Commissioner of Roads and Revenues in the county of Butts.
The House has passed by the requisite Constitutional majority the following bill of the Senate by substitute, to-wit:
A bill to create the city of Cuthbert in lieu of the town of Cuthbert.
The House has passed by the requisite Constitutional majority the following bills of the Senate, towit:
A bill to establish the City Court of Washington.
A bill to incorporate the town of Alston.
The House has passed by the requisite Constitutional majority tpe foHowing bil1s of the House:
A bin to eede certain lands in Walker county to the United States.
A biB to prevent hunting or killing fox during certain seasons in White county.

FRIDAY, JuLY 29, 1910.

577

A bill to authorize Secretary of State to confer upon certain corporations the powers of Trust Companies.
A bill to amend Constitution of the State relative to public schools.
A bill to amend laws of City Court of Savannah.
A bill to require bonded officers of Telfair county to give 'bond in guaranty company.
A bill to a:bolish City Court of Leesburg.
A bill to amend Act creating Board of County Commissioners for Carroll county.
A bill to amend charter of Grantville.
A bill to amend Act authorizing publication of certain Georgia Reports.
A bill to amend charter of town of Kite.
A bill to allow certain counties to pay costs in criminal cases to proper officials.
A bill to incorporate city of Commerce.
A bill to repeal Act to increase number of Commissioners of Roads and Revenues for county of Calhoun.
A bill to incorporate city of Sale City.

578

JouRNAL OF THE SENATE.

A bill to amend charter of town of Kingston.
A bill to amend Acts incorporating town of Bowdon.
A bill to amend Act establishing public school system in city of Ocilla.
Mr. Morris, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Presid,ient:
The Committee on Banks and Banking has had under consideration the following House bills which I am instructed to report back to the Senate with. the recommendation that the same do pass, to-wit:
A bill to add Canton to the list of State depositories.
A bill to add Edison, Calhoun county, to the list of State depositories.
The Committee has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass by substitute, to-wit:
A bill to provide for the establishment of certificates of stock of banks, etc., in lieu of lost cer. tificates.

J!1RIDAY, JULY 29, 1910.

579

The Committee has also had under consideration the following Senate bill which I am inst::ucted to report back to the Senate with the recommendation that the same do pass, to-wit:

A bill to prohibit any person, firm or corporation doing business in this State from having or using the word '.'trust" in the name or title of such concern or corporation or to solicit or receive deposits as a trust company or hold itself out as being a trust company unless the said business is one under the supervision of the State Bank Examiner.

Respectfully submitted,



W. 'S. MoRRis, Chairman.

Mr. Calhoun, Vice-Chairman of Committee on Counties and County Matters, submits the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following House hill and instruct me, as their Chairman, to report the same back to the Senate with the recommendation that it do not pass.
a A bill to be entitled an Act to create Board of
County Commissioners for the county of Banks; to

580

JoURNAL OF THE SENATE.

prescribe the mode of their election; to fix their compensation and define their powers and duties, and for other purposes.
M. B. CALHOuN, Vice-Chairman.

Mr. Calhoun, Vice-Chairman of Committee on Counties and County Matters, submits the following report:
Mr. President:
Your Committee has had under consideration the following bill and instruct me, as their Chairman, to recommend the same back to the Senate with the recommendation that they do pass.
A bill to be entitled an Act to incorporate the town of Kirkwood in DeKal'b county, Georgia, ~nd to establish and create a new charter and for other purposes.
A bill to be entitled an Act to repeal an Act to create the office of Commissioners of Roads and Revenues in and for Franklin county, provide method of election, duties and for other purposes.
A bin to be entitled an Act to amend an Act established an Act to create a Board of Commissioners of Roads and Revenues for the county of Chattooga and to define their duties, and for other purposes.
M. B. CALHouN, Vice-Chairman.

FRIDAY, 'JuLY 29, 1910.

581

Mr. Irwin, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
The Committee on Corporations has had under consideration the following bills of the House which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to revise and consolidate the several Acts granting corporate authority to the city of Americus.
A bill to revise and consolidate the several Acts granting corporate authority to the .city of Americus.
A bill to amend. the charter of the city of Madison.
The Committee has had under consideration the following House bill which I am instructed to report baek to the Senate with the recommendation that the same do not pass, to-wit:
A bill to prohibit the sale of near beer in Randolph county.
The Committee has had under consideration the following Senate bills which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:

582

JOURNAL OF THE SEN ATE.

A bill to amend the charter of the town of Lexington.
A bill to amend an Act to require the Board of Commissioners of Roads and Revenues of Stewart county to pay the officers of the Superior Court of Stewart county certain costs.
Respectfully submitted,
JNo. R. IRwiN, Chairman.

Mr. Burwell, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President :

The Committee on Appropriations has had under consideration the following House resolution which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A resolution to appropriate $2,500.00 for the purpose of erecting a monument to the memory of General Joseph E. Johnston at Dalton, Ga.
Respectfully submitted,
BuRWELL, Chairman.

FRIDAY, JuLY 29, 1910.

583

Mr. Patterson, Chairman of the Committe_e on Engrossing, submitted the following report:
Mr. President:
The Committee on Engrossing has examined and found properly' engrossed and ready for transmission to the House the following Senate bills, to-wit:
A bill to amend the charter of the town of Soperton.
A bill to authorize the County Commissioners of Glynn county to prescribe a salary for their Clerk.
Respectfully submitted,
L. F. PATTERSON, Chairman.
Mr. Mathews, Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President :
The Committee on General Judiciary has had under con~ideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to restrict the jurisdiction of the City Court of Baxley and to fix the term of the judge thereof.

584

JouRNAL oF THE SENATE.

The Committee has also had under consideratioJ! the following Senate bills which I am instructed to report back to the Senate with the recommendation that the same do not pass, to-wit:
A bill providing for working roads in Crawford county.
A bill to require all governing bodies of municipal corporations to hold their sessions in public.
The Committee has also had under consideration the following House bills which I am instructed to report back to the Senate with the recommend.ation that the same do pass, to-wit:
A bill to. dispense with recording in Superior Court execution dockets of executions issuing from other courts or the entries thereon and to provide that it shall be sufficient to record the same on the general execution docket.
A bill to amend an Act authorizing the establishment and use of farms as places of confinement.
A bill to amend Section 194, Volume 3 of- the Code of 1895 in reference to the punishment of larceny after trust.
A bin to amend Section 574, Volume 1, Code of 1895.

PRIDAY, JuLY 29, 1910.

585

The Committee has also had under consideration
the following House bill which l am instructed to
report back to the Senate with the recommendation that the same do not pass, to-wit:
A hill to define the powers and rights of an attor!. ..
ney-at-law.
The Committee has also had under consideration the following House resolution which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A resolution to authorize the State Librarian to furnish reports to certain city courts.
Respectfully submitted,
H. A. MATHEws, Chairman.

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

Mr. President:
The Committee on General Judiciary has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass by substitute, to-wit:

586

JouRNAL oF THE SENATE.

A bill to amend Section 671 of Volume 3 of the Code of 1895 relative to the wrongful sale of mortgaged property.
The Committee has also had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to prevent the removal of personal prope1rty from this State held under a conditional purchase of sales.
The Committee has also had under consideration the following Senate resolution which I am instru"cted to report back to the Senate with the recommendation that the authors be allowed to withdraw the same, to-wit:
A resolution to provide for the appointment of a commission to investigate the speediest and most secure way of preserving the scenery of Tallulah Falls, and for other purposes.
Respectfully submitted,
H. A. MATHEws, Chairman.

Mr. Price, Chairman of the Committee on Agriculture, submitted the following report:

FRIDAY, JuLY 29, 1910.

587

Mr. President:
The Committee on Agriculture has had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A hill to authorize the State Board of Entomology to employ whatever assistants that are needed for successfully conducting the work and to fix the salary of the State Entomologist and assistants.
The Committee has had under consideration the following House bills which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to prohibit the shooting of partridges, doves, etc., for a period of two years in the county of Carroll.
A bill to regulate butchering of cattle in Worth county.
A bill to regulate butchering of cattle in the county of Ben Hill.
Respectfully submitted,
J.D. PRICE, Chairman.

The following unfinished business was taken up which had been read 3rd time on yesterday:

\

588

JouRNAL oF THE SENATE.

By Messrs. Calhoun and Slater-
A bill to amend the registration law approved Aug. 15, 1908.
Upon disagreeing to the report of the Committee which is adverse to the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Calhoun Collum Day Gordy

Griffith Longley Morris Mathews
~!cLean
McDowell

McCollum McClure Patterson Price Slater Womble

Those voting in the negative were Messrs.:

Burwell Blackwell Burch Callaway of lOth Cates Harrell Harben Irwin

Johnson .Jackson Kemp King Mays McCurry McWilliams Pitts

Rutherford . Rudicil
Sellers Stevens Thompson Ward Wood

Those not voting were Messrs. :

Callaway of 29th Conley .

Mr. President

Ayes, 18; Nays, 23.

Report .of the Committee was agreed to and the bill was lost.

FRIDAY, JuLY 29, 1910.

589

The following House bills were read 1st time:

By Mr. Rosser-

A bill to cede lands in Walker county to the United States.
R.eferred to Committee on General Judiciary.

By Mr. Alley-

A bill to prevent the hunting, chasing or killing fox during certain seasons.
R.eferred to Committee on General Agriculture.

By Mr. Sheppard-

A bill to authorize the Secretary of State to confer upon eertain corporations the power of Trust Corporations.
R.eferred to Committee on General Judiciary.

By Mr. Persons-

A bill to amend Paragraph 2, Section 6, Article 7, of the Constitution.
Referred to Committee on General Judiciary.

590

JOURNAL OF THE SENATE.

By Mr. JonesA bill to incorporate the city of Sale City. Referred to Committee on Corporations.

By Mr. Lawrence----.
A bill to amend the law relating to the City Court of Savannah.
Referred to Committee on Corporations.

By Mr. Brown-
A bill to amend, revise, consolidate and supersede the several Acts incorporating the town of Bowden.
Referred to Committee on Corporations.

By Mr. Henderson-
A bill to amend the Act establishing a system of public schools for Ocilla.
Referred to Committee on Education.
By Mr. Brown-
A bill to amend the Act ereating the Board of Commissioners of Roads and Revenues of Carroll county.

FRIDAY, JuLY 29, 19-10.

591

Referred to Committee on Counties and County ' Matters.

By Messrs. Kirby and Couch-

A bill to amend the charter of the town of Grantville.
Referred to C?mmittee on Corporations.

By Mr. Fullbright-

A bill to amend the Act authorizing the publication of certain Georgia Reports.
Referred to Committee on Public Library.

By Mr. FairclothA bill to amend the charter of the town of Kite.
I
Referred to Committee on Corporations.

By Messrs. Kirby and Couch-
A bill to provide for the payment of costs to officers of the Superior Court in counties with population of not less than 24,890 nor more than 24,995 according to the United States Census of 1900.
Ref~rred to Committee on General Judiciary.

59~

JouRNAL oF THE SENATE.

By Mr. Hardman-
A bill to incorporate the city of Commerce m Jackson county.
Referred to Committee on Corporations.

By Mr. Johnson-
A bill to amend the charter of the town of Kingston.
Referred to Committee on Corporations.

By Mr. Miller-

A bill to repeal the Act to increase the number of Commissioners of Roads and Revenues for Calhoun county.
Referred to Committee on Counties and CQ.unty Matters.

By Mr. Meadows-

A bill to authorize all the officers of Telfair county who are required to give bonds to make said bonds with Surety Companies.
Referred to Committee on Counties and County Matters.

~,RIDAY, JULY 29, 1910.

593

By Mr. Martin-
A bill to abolish the City Court of Leesburg.
Referred to Committee on Counties and County Matters.
By unanimous consent the following Senate bill was read 3rd time and put upon its passage.

By Mr. Mathews-
A bill to provide a method for assessing and collecting taxes when such taxes are authorized and no adequate provision is. made or the Act authorizing the same or in the general law for giving the taxes; and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays, 0.
The bill having received the requisite Constitutional majority was passed.
The following Senate bills were read 1st time:

By Mr. Sellers-
A bill to amend Article 11, Section 1, Paragraph 2 of the Constitution of this State.

594

JOURNAL OF THE SENATE.

Referred to Committee on Constitutional Amend-. ments.

By Mr. Ward-

A bill to make it unlawful to sell near beer in Coffee county.
Referred to Committee on General Judiciary.

By Mr. Stevens-

A bill to require the authorities in charge of county affairs in counties having city of 10,000 population to pay certain common costs.
Referred ,to Committee on Special Judiciary.

By Mr. McCurry- .

A bill to amend Section 2166 of the Code. Referred to Committee on Railroads.

By Mr. Slater-

A bill to provide for regulation of inspection and grading of hay and grain in this State.
Referred to Committee on General Agriculture.

FRIDAY, JuLY 29, 1910.

595

The following House bills and resolutions were read 2ndtime and recommitted to the Committee on
Appropriation~.
By Messrs. Persons, Vinson, Turner and Brown-
A bill to appropriate $15,000 to erect and equip a new building at the State Sanitarium for the treatment of tuberculosis.
By Mr. Moss-
A bill to appropriate $2,000 to improve the Confederate Cemetery at Marietta.
By Mr. McMichael-
A bill to authorize the Governor to expend the amount of money received from the Indian Springs reserve for the purpose of keeping the public comfort buildings in repair.
By Mr. Henderson-
A bill to appropriate $10,000 to the State Board of Entomology for 1911 to be used in experimental work in black root in cotton.
By Mr. Hardman, et al-
A bill to appropriate additional funds for the State Sanitarium to equip buildings for treatment of tuberculosis.

596

JouRNAL OF THE SENATE.

By Mr. Barrett-
A bill to appropriate to the Public Buildings Funds the sum of $11,363.37 to supply a deficiency in said fund and the further sum of $5,000 to pay premium on insurance policy of State.

By Mr. Vinson-
A bill to appropriate the sums of $25,000 for 1910 and $35,000 for 1911 for the support and maintenance of the State Sanitarium.

By Mr. Baker-
A resolution to submit plans for building on campus of No!th Georgia Agricultural College at Dahlonega.

By Mr. Hubbard-
A resolution for ~he relief and to refund to J. R. Hubbard, et al, amount paid by him for charter.
House Bill No. 900 was re-committed to the Corporations Committee.
On motion the Senate adjourned until Monday morning at 10 o'clock.

MoNDAY, AuGUST 1, 1910.

597

SENATE CHAMBER, ATLANTA, GEORGIA,

MoNDAY, AuGusT 1sT, 1910.

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

Prayer was offered by the Rev. Wallace Rogers.

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

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calho)ln Cates Collum Conley Day Gordy Griffith Harrell

Harben Irwin Johnson Jackson KEomp King Longley Mays Morris Mathews McLean McDowell McCurry McWilliams McCollum

l\IcClure Patterson Price Pitts Uutherford Rudieil Slater Sellers Stevens Thompson, Ward Wombht Wood Mr. President

The Journal of Friday was read and approved.

Senate Bill No. 241 was recommitted to the General Judiciary Committee.

By unanimous consent the following Senate Bills were read 2nd time:

598

JoURNAL OF THE SENATE.

By Mr. Mathews-
A bill to authorize the State Board of Entomology to employ whatever assistants are needed for successfully conducting the work of said Board.

By Mr. Sellers-
A bill to restrict the jurisdiction of the City Court of Ba~ley and to fix the terms of said Judge.

By Mr. Slater-
A bill to prohibit any firm or corporation in this State to use the word "Trust" in the nam~ of such concern for the purpose of securing deposits unless said concern is under the supervision of the State Bank Examiner.

By Mr. Stevens-
A bill to amend the charter of the town of Lexington so as to make it the city of Lexington.

By Mr. Harrell_;
A bill to amend the Act to make the Commissioners of Roads and Revenues of :Stewart County pay certain fees to officers of Stewart County.
The following Senate Bills were read 1st time:

MoNDAY, AuousT 1, 1910.

599

By Mr. McCurry-
A bill to amend the Act incorporating the town of Hartwell.
Referred to Committee on Corporations.
By Mr. McCurry-
A bill to require Judges of the trial courts to give in charge to the juries the theories of defense raised by defendants statements.
Referred to Committee on General Judiciary.
By Mr. Gordy-
A bill to provide for holding four terms of Superior Court in Muscogee County in each year.
Referred to Committee on Special Judiciary.
By Mr. McCurry~ A bill to regulate the preparation of briefs of evi-
dence in cases appealed to courts of last resort. Referred to Committee on General Judiciary.
By Mr. HarbenA bill to change the time of holding Superior Court
of Dawson County.

600

JoURNAL 01!' THE SENATE.

Referred to Committee on Counties and County Matters.

By Mr. McCurry-
A bill to provide for amending the appeal of habeas corpus cases by certiorari.
Referred to Committee on General Judiciary.
The following message was received from the House through Mr. :Boifeuilet, the Clerk thereof:

Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the House, towit:
A bill to authorize the making of soft drinks in the town of Young Harris.
A bill to amend Act establishing new charter for city of Atlanta.
A bill to permit tax payers of certain counties to pay taxes quarterly or semi-annually.
A bill to amend Acts establishing Public Schools for town of Sparta.
A bill_to establish City Court of Barnesville.

MoNDAY, AuousT 1, 1910.

601

A bill to amend County Court Act so far as same applies to Charlton County.
A bill to authorize Trustees of State Sanitarium to establish a training school for nurses.
A bi1l to incorporate town of East End.
A bill to incorporate town of Mcintyre.
A bill to amend Act to establish City Court of Calhoun County.
A bill to amend Act to establish City Court of McRae.
A bill to amend Act to create a new charter for town of Willacoochee.
A bi1l to amend charter of town of Riverdale.
A bill toincorporate town of Oglethorpe.
A bill to amend charter of city of Waynesboro.
The House has passed by the requisite Constitutional majority the following bill of the Senate, towit:
A bill to amend Act to incorporate town of Shady Dale;
The House has passed by the requisite Constitu-

602

JouRNAL oF THE SENATE.

tional majority the following bills of the Senate as amended, to-wit:.
A bill to amend Ad to create a charter for city of Sparta.
The following House Bills were read 3rd time and put upon their passa:ge:

By Messrs. Hardman and Holder-
A bill to create a new charter for the town of Statham, and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27_; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. English-

A bill to amend, consolidate and supersede the several Acts incorporating the town of Camak.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28; nays, 0.

\

'

MoNDAY, Au.usT 1, 1910.

603

The 'bill having received the requisite Constitutional majority was passed.
By Messrs. Jones and Keith-
A bill to create a new charter for the town of Luthersville.
Report of the Committee wasagreed to.
Upon the passage of the bill the ayes were 27;
nays, 9
The bill having received the requisite Constitutional majority was passed.
By Mr. Walters-
A bill to incorporate the town of Ellenton, in Colquitt County.
Report of the Committee was agreed to.
Upon the passage of the ibill the ayes were 28; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Turnipseed-
A bill to. provide a system of registration for the city of Fort Gaines, Georgia.
Report of the Committee was agreed to.

604

JouRNAL oF 'tHE SENATE.

Upon the passage of the bill the ayes were 30; nays, 0.
The bill having. received the requisite Constitu. tiona! majority was passed.

By Mr. Chandler-

A bill to incorporate the town of Wilburn, jn Franklin County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional m~jority was passed.

By Mr. Harvey-

A bill to amend the Act incorporating the town of Pine View, in Wilcox County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite Constitn. tiona! majority was passed.

MoNDAY, AuousT 1, 1910.

605

By Mr. Calbeck-
A bill to repeal an Act to alter and amend the road laws of the State of Georgia as applicable to the counties of Gordon, Whitfield and Murray.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. McElreath-
A bill to amend an Act to provide a new charter of the town of East Point.
Report of the Committee was agreed to.
_ Upon the passage of the bill the ayes were 28; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Moss and Daniel-
A bill to create a system of Puiblic Schools for the town of Powder Springs.
Report of the Committee was agreed to.

606

JOURNAL OF THE SENATE.

Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Barrett-

A bill to amend the charter of the town of Martin..
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 26; nays, 0.
The bill having rece~ved the requisite Constitutional majority was passed.

By Messrs. Alexander, Brown and McElreath-

A hill to amend an Act to repeal all laws and amendments to laws heretofore passed incorporating the city of Manchester.
Report of the Committee was agreed to.
Upon the passage of the hill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

MoNDAY, AuGUST 1, 1910.

607

By Mr. Woodliff-
A bill to amend and revise the several Acts incorporating the town of Cumming.
Report of the Committee was agreed to.
Upon the passage of the bil1 the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Lawrence -
A bill to amend the Act requiring the Mayor and Council of Savannah to grade and macadamise the streets of the city of :Savannah.
Report of the Committee was agreed to.
Upon -the passage of the bill the ayes were 28; nays, 0.
The bill. having received the requisite Constitutional majority was passed.

By Mr. Miller-
A bill to amend an Act to create and incorporate the city of Edison, in lieu of the town of Edison.
Report of the Committee was agreed to.

608

JOURNAL OF THE SENATE.

Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitu. tional majority was passed.

By Mr. Roberts-

A bill to amend an Act creating a Board of Com missioners of Roads and Revenues of Dodge County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill ha~ing received the requisite Constitn tional majority was passed.

By Mr. Moss-

A bill to amend the Acts incorporating the town of' Austell, in Cobb County.
R.eport of the Committee was agreed to.
Upon the passage of the 'bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

MoNDAY, AuGUST 1, 1910.

609

By Mr. Miller-
A bill to provide for a new charter for the town of .A,rlington, in the cou~ties of Calhoun and Early.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27 ; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Meadows-
A bill to amend the Act incorporating the town of Helena, in Telfair County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.
Mr. Womble, Chairman of the Special Judiciary Committee, submitted the following report, to-wit:

Jfr. PresidJent:
The Special Judiciary Committee have had the following House Bills under consideration and they

610

JouRNAL oF THE SENATE.

instruct me to report the same back to the Senate with the recommendation they do pass:
A bill (No. 732)-An Act consolidating the laws creating the charter of the city of Griffin granting and amending said charter and the --committee amendments thereto, and for other purposes.
A bill (No. 803)-An Act to abolish 'the City Court of Calhoun County.
A bill (No. 801)-An Act to amend Section 574, Volume 1, of the Code of 1895.
A bill (No. 815)-An Act to amend an Act creating the court of Oglethorpe, in Macon County.
A bill (No. 891)-An Act to amend an Act for the city of Newnan in the county of Coweta.
A bill (No. 897)-An Act to authorize the county authorities of Campbell to pay the legalcosts due the officers m misdein~anor cases committed in said county.
A bill (No. 924)-An Act to amend an Act authorizing the town Council of Hogansville, Georgia, to establish a system of waterworks, electric lights and sewerage and to issue bonds, and for other purpose.s.
A bill (No. 948)---'An Act to create a Board of Commissioners of. the Roads and Revenues for the county of Madison, and for other purposes.

MoNDAY, AuausT 1, 1910.

611

A bill (No. 949)-An Act to amend an Act approved August 16, 1909, entitled an Act to amend an Act, approved August 23, 1905, in establishing the City Court of Eastman, in the county of Dodge, and for other purposes.
A bi11 (No. 991)-An Act to amend an Act establishing the City Court of Swainsboro, Emanuel Co.
A bi1l (No. 992)-An Act to change the time of holding the Superior Courts of Dougherty and Mitche11 Counties, Albany Judicial Circuit, and for other purposes.
A hill (No. 994)-An Act to amend an Act to establish the City Court of Fitzgerald, in and for the county of Ben Hil1, and for other purposes.
Respectfully submitted,
M. D. WoMBLE, Chairman.

Mr. Rutherford, Chairman of the Committee on :E~ngrossing, submitted the following report:
Mr. President:
The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House of Representatives the fo1lowing Senate Bills, to-wit: _

612

JouRNAL oF THE SENATE.

A bill to provide for the transfer of registered maps of municipalities, where such municipalities have been located in a new county.
A bill to provide for assessing and collecting taxes, where such taxes are authorized and no adequate provision is made in the Act authorizing the same, or in the general law.
A bill to provide for a Solicitor of City Courts, established upon recommendation of a'grand jury.
Respectfully submitted,
S. RuTHERFORD, Vice-Chairman.

The following Senate Bills were read 3rd time and put upon their passage:
By Mr. Slaton-
A bill to allow certain County Commissioners in this State to condemn land for road purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25; nays, 0.
The bill having received the requisite Constitutional majority was passed.

MoNDAY, AuGUST 1, 1910.

613

By Mr. Kemp-
A bill to amend an. Act to establish the City Court of Swainsboro.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Callaway, of 29th-
A bill to amend Section 2166 of the Code.
Report of the Committee was agreed to..
Upon the passage of the bill the ayes were 25, nays, 0.
The bill having received the requisite Constitutional majority was passed.
The following House bills were read the 2nd time:
By Messrs. Fields and Alexander-
To be entitled an Act to reincorporate the town of Kirkwood in DeKalb county, Georgi~, and to establish and create a new charter and municipal government for said town, etc.

614

JouRNAL OF THE SENATE.

By Mr. Boyd-
To be entitled an Act consolidating the laws creating the charter of the city of Griffin granting and amending said charter to declare the rights and powers of said municipality and for other purposes.

By Messrs. Faircloth and Lewis-
To be entitled an Act to amend Section 574 of Volume 1, Code 1895.

By Mr. Atkinson-
To be entitled an Act to amend the new charter for the city of Madison in the county of Morgan.
This bill was recommitted.

By Mr. Dickson-
An Act to amend an Act establishing the City Court of Fitzgerald in the City of Fitzgerald in and for the county of Ben Hill, approved Aug. 22, 1907, and Acts amendatory thereof.

By Mr. Roberts-
To be entitled an Act to amend an Act approved Aug. 23, 1905, entitled an Act to establish the City Court of Eastman in the county of Dodge to provide

MoNDAY, AuausT 1, 1910.

615

for the appointment, qualification, duties, powers, compensation, etc., of the officers thereof, and for other purposes.

By Mr. Bell-

A bill to amend Section 982, Volume 1, Code of Georgia, by adding Canton in Cherokee CO!Jnty as a State depository.

By Mr. Sheppard-

An Act to amend an Act to amend, revise and consolidate the several Acts granting corporate authority to the city of Americus.

By Mr. Miller-

An Act to amend Section 982, Volume 1, Code of 1895, providing by the Governor of Banks in certain cities and towns therein named as State depository,. so as to add city of Edison, county of Calhoun to such list.

By Messrs. Davis and Jones-

Tq be entitled an Act to change the time of holding the Superior Courts of Dougherty and Mitchell counties, Albany Judicial Circuit, and for other purposes.

616

JoURNAL OF THE SENATE.

By Mr. Chandler-
To be entitled an Act to repeal an Act to create the office of Commissioner of Roads and Revenues in and for Franklin county, provided the methods of the election of such officers and his duty and provide for his salary and term of office, and for other purposes.
By Mr. Browb~
To be entitled an Act to prohibit the shooting, trapping, killing, ensnaring, netting or destroying in any manner of any partridge, dove or other game in the county of Carroll for a period of two years, etc.
By Mr. Lawrence-
A bill to alter and amend .Section 194, Volume 3 of the Code of 1895 in reference to the punishment of the offense of larceny after trust.
By Mr. Reid-
A bill to amend an Act creating the City Court of Oglethorpe in Macon county, so as to fix the time of holding the regular terms of said court.
By Mr. Reid-
A bill to authorize the county authorities to pay the legal costs due the officers in misdemeanor cases

MoNDAY, AuousT 1, 1910.

617

convicted in said counties when such convicts are put to work to serve out their sentence in the chaingang of said county.

By Messrs. Kirby and Couch-
A bill to amend an Act for the city of Newnan, and for other purposes.

By Mr. Alexander-
A bill to dispense with recording in Superior Court execution dockets of executions issuing from other courts or the entries thereon and to provide that it shall be sufficient to record the same on the general execution docket.

By Mr. Ford-
A bill to regulate the preparation of live stock for market in Worth county.

By Mr. Lawrence-
A bill to authorize the State Librarian to furnish reports to certain city courts.

By Messrs. Brinson and Gillis-
A bill to amend an Act establishing the City Court of Swainsboro, Emanuel county.

618

JouRNAL oF THE S~o:NAT~<:.

By Messrs. Brinson and Parker--:-
A bill to amend Section 671 of Volume 3 of the Code of 1895 relative to the wrongful sale of mortgaged property.

By Mr. Brinson and Parker-

A bill to prevent the removal of personal property

from this State held under a conditional purchase of

sale.

/

By Mr. Alley-

A bill to amend Section 574, Volume 1, Code of 1895, by striking the words "fifty emits" in line nine and inserting in lieu thereof the words "one dollar" and for other purposes.

By Mr. Tarver'---.

A re~olution to appropriate $2,500.00 for the purpose erecting a monument to the memory of General Joseph E. Johnston at Dalton, Whitfield county, Ga.

By Mr. Williams-
A bill to create a Board of Commissioners of Roads and Revenues for the county of Madison.

MoNllAY, AuousT 1, 1910.

619

By Mr. Miller-
..
A bill to abolish the City Court of Calhoun county.

By Mr. Edmondson-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of Chattooga.

By Mr. Dickson-
A bill to define the mode and manner of purchasing and slaughtering cattle, hogs and sheep in Ben Hill county.

By Messrs. Anderson, Lawrence and McCarthy-
A bill to amend an Act authorizing the establishment and use of farms as places of confinement for certain persons by providing for the working of certain prisoners thereat on the public works of the county.

By Messrs. Tuggle and Lovejoy-
A bill to amend an Act authorizing the town council to estaplish a system of waterworks, electric lights and sewerage and to issue bonds for said purposes.

620

JOURNAL OF THE S:ENATE.

By Mr. Stubbs-
A bill to provide for electing Solicitor of County Court of Putnam county by the people.
This bill was recommitted.

The following Senate bill was read 1st time:

By Mr. Ward-
A bill to amend Section 5393 of the Code, Volume 2.
Referred to Committee on General Judiciary.

Mr. Presid;ent:
I am directed by His Excellency, the Governor, to transmit the accompanying message to the Senate and request due consideration of same,
Respectfully,
w. w. LARSEN,
Secretary Executive Department. Aug. 1st, 1910.

MoNDAY, AuGusT 1, 1910.

621

STATE OF GEORGIA

. EXECUTIVE DEPARTMENT

ATLANTA.

August 1st, 1910.

To the General Assembly:

I herewith send you copy of a statement made by the Treasurer, showing the available cash balance in the Treasury on July .15th, 1910, and the estimated available balance on September 1st, 1910, etc.

From this statement you will note that the estimated available balance on September 1st will be $20,871.25.

I also enclose you a statement of the school fund for 1910, from which you will note that there is due on 1909 account a balance of $12,144.82. This, I am advisea, if called for before September 1st, would be deducted from $20,871.25, the estimated available lalance, leaving on the latter account only $8,726.43.

You will note that there is a balance due and unpaid to the schools on the 1910 appropriation of $1,807,883.08, a large portion of which, of course, has not yet been earned.
Unless there be some extraordinary receipts, not expected by the Treasurer, before September 1st, it

622

JOURNAL OF THE SEN ATE.

will be necessary for me to borr9w on about that date probably about $100,000 to pay the current expenses of the State Government, the State Sanitarium, etc., for September, and as much during October and November to meet the same expenses during those months.
I submit the foregoing figures that you may have them in mind in making extra appropriations which may fall due within the next two or three months.
Respectfully submitted,
JosEPH M. BRowN, Governor.

STATE OF GEORGIA TREASURY DEPARTMENT
ATLANTA, GA.
ATLANTA, GA., JULY 16, 1910. Balance in Treasury July 15, 1910_____ $354,666.03 Sinking fund, etc., held in reserve______ 168,000.00
Available cash balance in Treasury July 15, 1910_____________________ $186,666.03
Cash received in July, 1909____________ $203,691.79 Cash received July 15, 1910, inc._______ 130,198.04
Estimate to be received to August 1st,
1910 -~-------------------------- $ 73,493.75

MoNDAY, AuausT 1, 1!HO.

623

Receipts for August, 1909, used as estimate of receipts for August, 1910__ 86,322.20

Probable receipts to August 30, inc. ____ $159,815.95

Disbursements July, 1909, by warrant__ $170,336.63 Disbursements July 15, 1910, inc.______ 112,505.40
$ 57,831.23 Disbursements by warrant, August, 1909,
used as estimate for August, 1910__ 162,632.75 Est. dish. by warrant to August 30, inc._ $220,463.98
Estimated cash advances. Civil establishment _____ $ 20,000.00 Coupon interest ________ 40,000.00 Legislative payroll ______ 45,146.75
$105,146.75 $105,146.75
Total estimate of disbursements _______ $325,610~73

Available cash balance July 15, 1910____ $186,666.03 Estimated receipts to August 30, 1910,
inc. ----------------------------- 159,815.95
$346, 481.98

624

JouRNAL OF THE SENATE.

Less estimated disbursements by warrants and cash ------------------- 325,610.73
,Estimated available balance September 1, 1910 -----------------~-------- $ 20,871.25
Respectfully submitted as per your request of 15th in st.
(Signed) J.P. BRowN, Treasurer. To Hon. J os. M. Brown, Governor.
srrATEMENT SCHOOL FUND 1909 AND 1910.
Balance 1908 appropriation _________ $ 726,266.28 Appropriations for 1909 ------------ 2,250,000.00
Total for the year ------------ $2,976,266.28 Paid 1908 balances _____ $726,266.28 Paid on 1909 appropria-
tion -------------- 446,736.58 1,173,002.86
Due September 1st, 1909, on appropriations -------------------------- $1,803,263.42
Paid 19, 18, 21 per cent. to Sep~ember 1st, ;1909.
-1910Balance 1909 appropriation --------- $ 553,423.21 Appropriation for 1910 ------------- 2,250.000.00
Total for the year ____________ $2,803,423.21 Paid on 1909 balance ___ $541,305.39

MoNDAY, AuGusT 1, 1910.

6~5

Paid on 1910 appropriations -------------- . 434,509,22

975,817.61

Balance due July 20th 1910 __ $1,827,605.60

Included in estimate of $20,871.25 net

available on September 1st______

7,607.70

Which, if paiq, will make 19, 14, 21

per cent. paid on 1910 appropria-

tion, and leave a balance due and

unpaid to the schools___________ /$1,819,997.90

Including the balance due on 1909

balance of --------------------

12,114.82

Or a net balance due on 1910 appropriations of ---------------------$1,807,883.08

Respectfully submitted,

(Signed) J.P. BROwN, Treasurer,

Per

July 20, 1910.

BEN F. PERRY.

The following is the order of business as fixed by the Rules Committee:
Mr. President :
The Committee on Rules has had under consideration resolutions of Senators Burwell, of 20th and

626

JouRNAL oF THE SENATE.

Calhoun of 15th, and fixes as special order for this day House Bill No. 529.
Special order for this day following, House Bill No. 529, shall be Senate Bill145.
Special order for this day following Senate Bill No. 145, shall be Senate Bill 202.
Special order for this day following Senate Bill 202, shall be Senate Bill182.
BuRWELL, Acting Chairman.

On the adoption of the Committee report setting Senate Bill No. 145 for special order the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Blackwell Harrell Irwin

.Tack son McWilliams :McCollum

Rutherford
~ellers

Those voting in the negative were Messrs.:

Akin Bowen Burwell Burch Calhoun Conley Day Gordy

Griffith Jchnson King Longley :Morris Mathews McLean McCurry

l\IcClure Price Pitts Rudicil Stevens Thompson Wood

MoNDAY, AuousT 1, 1910.

627

Those not voting were Messrs. :

Callaway of lOth Callaway ~f 29th Cates Collum Harben

Kemp l\[ays McDowell Patterson SlatPr

Ward Womble l\lr. President

Ayes, 8; nays, 23.

Setting Senate Bill No. 145 special order was disagreed to.
The balance of ~he Committees report was agreed to.
The President had the roll called to ascertain the presence of a quorum, and the following is the call:

Akin Dowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Collum Conley Day Gordy

Griffith Harrell Harben Irwin Johnson King Longley Mays Morris l\tathews McLean McCurry

McWilliams :!-fcCollum McClure Price Pitts Rutherford Rudicil Sellers Stevens W.ard Wood Mr. President

Those absent were Messrs:

Cates .T:1ckson Kemp

McDowell Patterson t:later

Thompson Womble

There was 36 Senators present.

628

JOURNAL OF THE SENATE.

The following bill is the first special order which was read 3rd time and put upon its passage:

By Mr. Wright-

A bill to prohibit betting on any election or primary in this State.
Report of the Committee was' agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akill Bowen Burwell Blackwell Callaway of 29th Calhoun Collum Conley Day Gordy Griffith

Harrell Harben Jackson King Longley Mays Mathews McLean McCurry McWilliams McCollum

McClure Price Pitts Rutherford Rudicil Sellers Stevens Thompson Wooc1

Those voting in the negative were Messrs.:

Burch Irwin

.iohnson

Morris

Those not voting were Messrs.:

Callaway of 10th Cates Kemp

J.~Dowell
Patterson Slatrr

Ayes, 31; nays, 4.

\\'ard Womble :1\ir. President

MoNDAY, AuousT 1, 1910.

629

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

By Mr. Sellers-

A bill to repeal the tax on dogs in this State.
Mr. McLean moved that this bill be tabled, and on this motion the ayes and nays were ordered and the vote is as follows:
Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Callaway of lOth Callaway of 29th

Calhoun Collum Griffith .Tohnson King McLean

McWilliams McCollum McClure Stevens Wood

Those voting in the negative were Messrs.:

Burch Conley
Day Gordy Harrell Harben Irwin

Jackson Longley Mays Morris Mathews McCurry Pitts

Rutherford Rudieil Sellers Thompson Ward

Those not voting were Messrs. :

Cates Kemp McDowell

Patterson Price Slater

Womble Mr. President

Ayes, 17; nays, 19.

630

JouRNAL oF THE SENATE.

The motion was lost.
Mr McCurry moved the previous question on the .bill, and on this motion the ayes and nays were ordereq and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Collum Conley Day Gordy

Harrell llarben Irwin ,Tohnson .Tiickson King Longley Mays Mathews
~lcWilliams

~IcCollum
l\IeClure Price Rutherford Rudicil Stevens Thompson Ward

Those voting in the negative were Messrs.:

Calhoun Griffith Morris

McLean McCurry E!ellers

Wood
,I

Those not voting were Messrs. :

Callaway of 29th Cates Kemp

McDowell Patterson Pitts

Slater Wombltl Mr. President

Ayes, 28; nays, 7.

The call was sustained and the roam question ordered.

MoNDAY, AuousT 1, 1910.

631

Mr Day offered the following amendment:
By striking out all after the enacting clause and inserting the following in lieu thereof:
That after January 1st, 1911, the owners of all dogs shall pay as a special license tax the sum of one dollar for each dog, provided, however, that one dog for each household shall be exempted, and that the head of the family shall be liable for the payment of the tax on each dog in excess of one owned by any member of the family.
On this amendment the ayes and nays were ordered, and the vote is as follows:

Those voting in the affirmative were Messrs.:

Bowen Burwell Blackwe'll Burch Callaway of 29th Collum Conley

Day Gordy Harrell Longley Mays Mathews McCurry

Pitts Rutherford
~ellers
Thompson Ward

Those voting in the negative were Messrs.:

Akin Callaway of lOth Calhoun Griffith Harben .Johnson

.Jackson King McLean ],!cWilliams :McCollum McClure

Price Rudicil Stevens \\'ood

(j3:2

JouRNAL oF THE SENATE.

'l'hose not voting were Messrs. :

Cates Irwin Kemp

Morris . McDowell
Patterson

Slater Womblo Mr. President

Ayes, 19; nays, 16.

The amendment was adopted.

Report of the Committee as amended was agreed to.

On the passage of the bill the ayes and nays were ordered and ,

The following Senate Bill was read 1st time:

By Messrs. Slaton, MeCurry, Morris, Longley, Mathews and King-
A bill to enforce better sanitary and safety tonditions in certain inns and hotels in this State.
Referred to Committee on General Judiciary.
The hour of adjournment having arrived, the Sen-. ate stood adjourned until to-morrow morning at 10 o'clock.

TUESDAY, AuGusT 2, 1910.

633 .

SENATE CHAMBER, ATLANTA, GEORGIA.

TuEsDAY, AuGusT 2ND, 1910.

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

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

Akin Bowen Burwell Blackwell Burcli Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Day Gordy Griffith Harrell

Harben Irwin Johnson Jackson Kemp J{ing Longley Mays 1\Iorris Mathews McLean McDowell
~[cCurry
l\fcWilliams McCollum

::\fcClure Patterson I-' rice Pitts Rutherford Uudicil Slater l"Plle1s Stevens Thompson W-ard Wombltt Wood Mr. President

The Journal of yesterday was read and approved.

By unanimous consent the foll.owing House Bill was read 3rd time:

634

JOURNAL OF THE SENATE.

By Mr. Tracy-
A bill to be entitled an Act to fix the salary of the Treasurer of Webster County.
The report of the Committee was disagreed to, and the bill was lost.
The following resolution was offered:
"By Mr. Gordy-
A resolution. Resolved, That commencing on August 3rd, unless otherwise ordered, the session of the Senate be from 10 a.m. to 1 p.m., and from 3 p. m. to 5 p.m.
Referred to Committee on Rules.
Mt Womble, Chairman of the Special Judiciary Committee, submitted the following report, to-wit:
Mr. President :
The Special Judiciary Committee have had under consideration the following House Bills which they instruct me to report the same back to the Senate with the recommendation it do pass:
A bill (No. 743)-An Act to amend an Act approved August 19, 1908, creating a Board of Commissioners of Roads and Revenues for Turner County,

'TuESDAY, AuausT 2, 1910.

635

A bill (No. 744}-An Act to amend an Act to incorporate the town of Sycamore, in Irwin County.
A bill (No. 922)-An Act providing for the electing Solicitors of the County Court of Putnam county, and for other purposes.
A bill (No. 807)----.An Act to abolish the City Court of Newton, in Baker County, and amendments thereto.
Respectfully submitted,
M.D. WoMBLE, Chairman.

Mr. Rutherford, Vice-Chairman of the Committee on Engrossing submitted the following report.

Mr. President:
The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House of Representatives the following Senate bills, to-wit:
A bill to allow County Commissioners in certain counties to condemn land for road purposes..
A bill to amend an Act approved August 17, 1903, amending Section 2166 of the Code of Georgia, of 1895, by :fixing the period for the exercise of the powers conferred by certificate of incorporation of railroad companies.

636

JOURNAL OF THE SEN ATE.

A bill to amend an Act to establish the City Court of Swainsboro.
Respectfully submitted,
S. RuTHERFORD, Vice-Chairman.

Mr. Jackson, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. P1esident :
The Committee on Special Judiciary has had under consideration the following House Bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to abolish the City Court of Pulaski County.
The Committee has also had under consideration the following Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to authorize the Commissioners of Commons of the city of Columbus to convey to said city the title to certain land located on the South and East commons.
Respectfully submitted,
JACKSON, Vice-Chairman.

TuESDAY, AuausT 2, 1910.

637

Mr. Price, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
The Committee on Agriculture has had under consideration the following House Bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to prevent the hunting of fox at certain seasons of the year, in the county of White.
The Committee has also had under consideration the following Senate Bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to provide for regulation of inspection and grading of grain and hay.
Respectfully submitted,
J. D. PRICE, Chairman.

Mr. Burwell, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:
The Committee on Appropriations has had under consideration the following House Resolutions,

638

JoURNAL OF THE SENATE.

which I am instr,ucted to report back to the Senate with the recommendation that .the same do pass, towit:
A resolution to refund J. R. Hubbard, et al the amount paid by them for a charter.
A resolution to submit plans for building on campus of the North Georgia Agricultural College at Dahlonega.
Respectfully submitted,
BuRwELL, Chairman.

Mr. Burwell, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President :
The Committee on Appropriations has had under consideration the following House Bills, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A hill to appropriate $15,000.00 to the erection and equipment of buildings of the State Sanitarium for the, treatment of patients afflicted with tuberculosis.
A bill to authorize the Governor to expend the rent received from ''The Indian Spring Reserve'' in em-

. rruESDAY, AuGUST 2, 1910.

639

ploying some one to keep the public comfort building located thereon in a cleanly and sanitary condition.
A bill to appropriate $25,000 for 1910 and $35,000 for 1911 for th~ support and maintenance of the Georgia State Sanitarium.
A bill to appropriate additional funds for completion and equipment of State Sanitarium for treatment of tuberculosis.
A bill to appropriate $10,000.00 to the State Board of Entomology for 1911 to be used in experimenting on black rot or other disease with cotton.
A bill to appropriate $2,000.00 for improving the Confederate cemetery at Marietta, Ga.
A bill to appropriate to the Public Buildings Fund the sum of $11,363.37 to supply a deficiency in said fund, and the further sum of $5,000.00 to said fund to meet premiums on insurance policies covering State property.
Respectfully submitted,
BuRWELL, Chairman.

Mr. Mays, Vice-Chairman of the Committee on Pensions, submitted the following r<>port :

640

JouRNAL OF THE SENATE.

Mr. President :

The Pension Committee has had under consideration the following House Resolution, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
To pay Mrs. R.. A. Lynn the pension due her.
Respectfully submitted,
MAYs, Vice-Chairman.

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

Mr. President:
The Committee on General Judiciary has had und~r consideration the following Senate Bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
I
A bill to require Judges of the trial courts to give in charge to the juries the theories of defense raised hy defendants statement.
The Committee has also had under consideration the following House Bills, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:

TuESDAY, AuGusT 2, 1910.

641

A bill to cede lanU.s in the county cf Walker, State of Georgia, to United States of America for Government Roads.
A bill to amend Section 220 of the Code of Georgia
A bill to authorize the Secretary of State to confer upon certain corporations the powers of Trust com. panies.
A bill to authorize the County Board of Commissioners of Bibb County to issue and sell bonds of said county.
A bill to amend and construe an Act approved August 23rd, 1905, entitled an Act to amend Section 2388 of the Civil Code of Georgia of 1905, so as to construe the meaning of the words "situated in the county in which said building and loan association may be located.''
The Committee has also had under consideration the following House Bills, which I am instructed to report back to the Senate with the recommendation that the same do pass as amended, to-wit:
A bill to amend Paragraph 2, Section 6, Article 7, of the Constitution of the State of Georgia.
A. bill to provide for the payment by counties in this State having a population of not less than 24,890, nor more than 24,995, census of 1900, of actual costs

642

JouRNAL oF THE SENATE.

incurred in the Superior Courts and City Courts for the trial and conviction of misdemeanor convicts.
The Committee has also had under consideration - the following Senate Bills, which I am instructed to
report back to the Senate with the recommendation that the same do not pass, to-wit:
A bill to provide that all persons who have registered under. the General Registration laws, shall have issued a receipt or certificate by the Tax Collector of each county, and who shall vote upon presentation of such receipt.
A bill to regulate the preparation of briefs of evidence in cases appealed to courts of last resort.
The Committee has also under consideration the following House Bill, which I am instructed to report back to the Senate with the recommendation that the same do not pass, to-wit:
A bill to amend an Act to "establish a City Court of Hall and to provide for a Judge and Solicitor thereof.
Respectfully submitted,
H. A. MATHEws, Chairm~n..

TuESDAY, AuousT 2, 1910.

643

.
Mr. Cal1away, Chairman of Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee has had under consideration the following bill and instruct me, as their Chairman, to report the same back to the .Senate with the recommendation that they do pass, to-wit:
A bill to be entitled an Act to amend an Act establishing an Act to create a Board Of Commissioners of Roads and Revenues for the county of Putnam, and to define its powers and duties so as to provide a board of five members instead of three and elected by the people, and for other. purposes.
A bill to be entitled an Act authorizing the Mayor and Council of the city of Marietta to order and hold an election by the qualified voters of said city to authorize issuing of bonds for waterworks.
Respectfully submitted,
R. D. CALLAWAY, Chairman..

Mr. Callaway, Chairman of Committee on Counties and County Matters, submitted the following report:

(i44

JouRNAL o.F THE SENATE.

Mr. President:

Your Committee on Counties and County Matters has had under consideration the following bill and instruct me, as their Chairman, to report the same back to the Senate with the recommendation that it do pass:
A bill to he entitled an Act to change the time of holding Dawson Superior Court, so as to provide that the Superior term of said court should be helC: on the second Monday in March of each year, and for other purposes.
A bill to be entitled an Act to amend an Act creating a Board of R.oads and Revenues for the county of Washington, approved August 3rd, 1904, to provide a salary for secretary, and for other purposes.
A bill to be entitled an Act to amend an Act creating the office of Commissioners of Roads and R.evenues for the county of Carroll, approved August 17th, 1908, so as to provide the manner of fixing salary, and for other purposes.
CALLAWAY, Chairman.

The following order of business was taken up:

The following House Bills were read 1st time:

rt'UEHDAY, AUGUHT ~' 1910..

G4G

By Mr. Johnson-

A hill to authorize the making and selling or giving away lemonade, milkshake, and ice cream, in the town of Young Harris.
Referred to Committee on 'remperance.

By Messrs. Alexander and Field-

A hill to incorporate tiw town of East End, in De Kalh County.
Referred to. Committee on Corporations.

By Mr. Wasden-

A hill to amend the general County Court Act, so far as the same r~lates to Charlton County.
Referred to Committee on Counties and County Matters.

By Mr. Fullbright-

A hill to amend the charter of the city.of Waynesboro.
Referred to Committee on Corporations.

646

JOURNAL OF THE SENATE.

By Mr. Meadows-
A bill to amend the Act establishing the City Court of McRae.
Referred to Committee on Special Judiciary. By Mr. Lewis-
A bill to amend an Act establishing a system of Public. Schools in the town of Sparta.
Referred to Committee on Education.
By Messrs. Brown and McElreath-
A bill to amend an Act establishing a new charter for the city of Atlanta, Approved February 28, 1878, and the several Acts amendatory thereof.
Referred to Com~ittee on Corporations. By Mr. Redding~
A bill to establish a City Court of Barnesville.
Referred to Committee on Special Judiciary. By Mr. Vinson-
A bill to authorize the Board of Trustees of the State Sanitarium to establish a training school.
Referred to Committee on State Sanitarium.

TuEsDAY, AuausT 2, 1910.

647

By Messrs. Anderson, Lawrence and McCarthy-
A bill to authorize the County Commissioners in counties containing a city with a population of not less than 54,000 nor more than 75,000 inhabitants to adopt regulations permitting tax payers to pay county taxes quarterly or semi-annually.
Referred to Committee on Counties and County Matters.

By Mr. Carswell-
A bill to incorporate the town of Mcintyre, in Wilkinson County.
Referred to Committee on Corporations.

By Mr. Miller-
A bill to amend the Act creating the City Court of the city of Calhoun, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Reid-
..~. bill to incorporate the town of Oglethorpe, in the county of Macon.
Referred to Committee on Corporations.

648

JouRNAL OF THE SENATE.

By Mr. Hatfield-

A bill to amend an Act to create a new charter for the town of Willacoochee, in Coffee county.
Referred to Committee on Corporations.

By Mr. Huie-

A bill to amend the charter of the town of Riverside, in Clayton county.
Referred to Committee on Corporntions.

Mr. McWilliams, Chairman of Committee on Education, submits the following report:

Mr. President :
Your Committee on Education has had under their consideration the following bill, and instruct me, as their Chairman, to report the same back to the Senate with the rec0mmendation that it do _pass.
A bill to be entitled an Act to amend an Act to establish, maintain and operate a Public School system in the city of Ocilla, in county of Irwin, State of Georgia, and for other purposes.
~
McWILLIAMs, Chairman.

TuESDAY, AuausT 2, 1910.

G49

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

Mr. Presid'Cnt:

The Committee on Corporations has had under consideration the following Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend an Act incorporating the town of Hartwell.
The Committee has also had under consideration the following House Bills, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to incorporate the town of Oakhurst, in DeKalb County.
A bill to incorporate the city of Sale City, m Mitchell County.
A hill to amend the charter of the town of Kingston, Bartow County, Georgia.
A bill to incorporate the city of Commerce, in the county of Jackson.
A hill to amend the charter of the town of Kite.

650

JouRNAL m' THE SENATE.

A bill to amend the laws relating to the City Court of Savannah.
A bill to amend the Acts incorporating the town of Baldwin, in the county of Carroll.
A bill to amend the charter of the town of Grantville, in the county of Coweta, Ga.
Respectfully submitted.
J. R. IRwiN, Chairman.

The House has passed by the requisite Constitutional majority the following bills of the House, towit:
A bill to make the President of the Board of Trustees of State !College of Agriculture, ex-officio a member of the Board of Trustees of the University of Georgia.
A bill to amend Act providing for the election of County School Commissioners by the people.
A bill to create a new charter for the city of Albany.
A bill to create a new ,charter for the town of Baconton.
A bill to create a new charter for the city of Dublin.

TUESDAY, AUGUST 2, ,1910.

651

A bill to fix salary of Treasurer of Heard County.
A bill to regulate deposits of Insurance Companies with the State Treasurer.
A bill to amend Act fixing term of office of Commissioner of Pension.

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

Mr. President:

The House has concurred in the Senate Amendment to the following bill of the House, to-wit:
A bill to incorporate the town of Candler.
The House has concurred in the Senate Amendment to the House substitute to the following hill of the Senate, to-wit:
A bill to create a charter for the city of Cuthbert.

The House has passed by the requisite Constitutional majority the following bills of the Senate, towit:
A bill to make the President of Board of Trustees of State Normal School, ex-officio member of the Board of Trustees of the University of Georgia.

652

JOURNAL OF THE SENATE.

-A bill to authorize the Chairman of the Board of Trustees of the University to appoint a certain number of the Trustees as members of Board of Trustees of the branch colleges.
The following Senate Bills were read 3rd time and put upon their passage:
By Mr. Stevens-
A bill to amend the charter of the town of Lexington so as to make it the city of Lexington.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 31; nays, 0..
The bill having received the requisite Constitutional majority was passed.

By Mr. Sellers-
A bill to restrict the jurisdiction of the City Court of Baxley.
Report of the Committee was agreed to.
Upon the passage of the hill the ayes were 32; nays, 0
The bill having received the requisite Constitutional majority was passed.

TuESDAY, AuausT 2, 1910.

653

By Mr. Harrell-
A biH to amend the Act requiring the Commissioners of Roads and Revenues to pay the officers of the Superior Court of Stewart County certain costs.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite Constitutional majority was passed.
The following Senate bills were read 2nd time:

By Mr. Slater-
A bill to provide for the inspection of hay and grain in this State.
By Mr. Gordy-
A bill to authorize the Commissioners of Commons of the city of Columbus to convey to the city of Columbus certain lands in said city.

By Mr. McCurry-
A bill to require Judges of the trial courts to give in charge to the juries the theories of defense raised by defendants statement.

654

JouRNAL oF THE SENATE.

By Mr. Harben-

A hill to change the time of holding Dawson Superior Court.

By Mr. McCurry-

A bill to amend an Act incorporating the town of Hartwell.
House Bill No. 881 was re-committed to the Coun-
ties and County Matters Committee.
The following House Bills were read a second time:

By Mr. Hall-

A bill to authorize the County Board of Commissioners of Bibb County to issue and sell bonds.

By Mr. Hall-

A bill to amend an Act to amend Section 2388, of the Civil Code of Georgia, of 1905.

By Mr. Persons-

A bill to amend Paragraph 2, Section 6, Article 7, of the Constitution of the State of Georgia.

TuESDAY, AuousT 2, 1910.

655

By Mr. Henderson-
A bill to amend an Act to create a Board of County Commissioners for Turner County.
By Mr. Henderson-
A bill to amend an Act to establish, maintain and operate a Public School system in the city of Ocilla, in Irwin County, Georgia.
By Messrs. Kirby and Couch-
A hill to provide for the payment by the counties having a certain population of actual costs incurred in the Superior and City Courts for the trial and conviction of misdemeanor convicts.
By Mr. Alley-
A bill to prevent the hunting, chasing or killing of fox during certain seasons of the year in the county of White.
By Mr. Peacock-
A bill to abolish the City Court of Pulaski County.
By Mr. Rosser-
A bill to cede lands in the county of Walker, State of Georgia, to the United States for Government Roads.

G56

JouRNAL OF THE SENATE.

By Mr. Kidd-
A bill to abolish the City Court of Newton, m Buker County.

By Mr. ChandlerA bill to amend Section 2:W of the Code of Georgia.

By Mr. Sheppard-
A bill to authorize the Secretary of State to confer upon certain corporations the powers of Trust Companies.

By Mr. Stubbs-
A bill to amend an Act creating Board of County Commissioners for Putnam County.

By Mr. Henderson-
'
A bill to incorporate the town of Sycamore.

By Mr. JonesA bill to incorporate the city of Sale City.

By Messrs. Joiner and LordA bill to amend the Act creating a Board of qom-

'fuEsDAY, AuousT ~' 1910.

G57

missioners of Roads and Revenues for Washington County.
By Messrs. Kirby and Couch-
A bill to amend the charter of the town of Grantville.
By Mr. Moss-
A hill to authorize the Mayor and Council of Marietta to hold an election to dete&!ine the issuing of bonds for waterworks.
By Mr. Hardeman-
A bill to incorporate the city of Commerce, m Jackson.
By Mr. Brown-
A bill to amend an Act creating Board of County Commissioners for the c9unty of Carroll.
By Mr. Brown-
A bill to amend the charter of the town of Baldwin, Carroll County, Georgia.
By Mr. Johnson-
A bill to amend the charter of the town of Kingston, Bartow County.

658

JouRNAL oF THE SENATE.

By Mr. Lawrence-
A bill to amend the laws relating to the City Court of Sayannah.

By Mr. Faircloth-:A bill to amend the charter of the town of Kite.

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

Mr. President:
The House has passed by the requisite Constitutional majority the following bill of the Senate as amended, to-wit:
A bill to propose an amendment to the Constitution of the State of Georgia, so as to authorize certain counties to supplement salaries of the Judges of the Superior Courts.
The Ho11se has passed by the requisite Constitutional majority the following bill of the House, towit:
A bill to amend an Act to amend an Act to provide for the creation and operation of local tax district schools.

TuESDAY, AuausT 2, 1910.

659

The following House Bills were read 3rd time and put upon their passage:

By Mr. Roberts-
A bill to amend an Act amending an Act creating the City Court of Eastman, in the county of Dodge.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Walters:_
A bill to amend the charter of the town of Doerun.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Moss-
A bill to amend the new charter of Marietta, Cobb County.

(i60

JOURNAL OF THE SENATE.

Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28; 11ays, 0.
The bill having received the requisite Constitutional majority was .passed.

By Mr. Miller-
A bill to amend Section 982, Volume 1, Code 1895.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Anderson, Lawrence and McCarthy-
A bill to amend an Act authorizing the establishment and use of farms as places for confinement of certain persons.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority was passed.

TuESDAY, AuGusT 2, 1910.

661

By Messrs. Brinson and Gillis-
A bill to amend an Act to establish the City Court of Swainsboro.
R.eport of Committee was agreed to.
Upon the passage of the hill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Edmondson-
A bill to ame.nd an Act to create a Board of Commissioners for the county of Chattooga.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority was passed.

B~ Mr. Reid-
A bill to amend an Act creating the City Court of Oglethorpe, Montgomery county.
Report of Committee was agreed to.

662

JOURNAL OF THE SENATE.

Upon the passage of the 1bill the ayes. were 30, nays, 0.
The bill having received the requisite Constitutional mnjority was passed.

By Messrs. Tuggle and Lovejoy-

A bill to amend an Act authorizing th~ town of Hogansvi1le to establish a system of waterworks, etc.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bin having received the requisite Constitutional majority was passed.

By Mr. Dickson-

A bill amending an Act establishing the City Court of Fitzgerald, Ben Hill county.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority wns passed.

TUESDAY, AUGUST 2, 1910.
By Mr. Boyd-
A bill to consolidate the laws creating the charter of the city of Griffin.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 32, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended.
The amendments are as follows:
Amend by striking from Section 18 of the bill after the words ''to prescribe franchises on occupation taxes of licenses and enforce the collection thereof'' and before the words ''to prescribe a license for and regulate shows, lectures and public entertainments'' all of the words as follows : ''To prescribe and regulate the fees and operation, of common carriers and public service corporations or enterprises operating within said city and enacting and inserting in lieu thereof the words: ''To prescribe and regulate the fees and charges of hack lines, dray lines, taxicab lines, parcel delivery and transfer companies and all other similar transfer companies and enterprises operating within said city and regulate the operation of the same;

664

JouRNAL oF THE SENATE.

By Messrs. Davis and Jones-
A hill to change the time of holding the Superior Court of Dougherty and Mitchell county courts.
Report of Committee was agreed to.
Upon the passage of the hill the ayes were 28, nays, 0.
rrhe hill havi~g received .the requisite Constitutional majority was passed.

By Mr. Wight-
A bill to incorporate the town of Pine Park in Grady county.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 25, nays, 0.
rrhe bill having received the requisite Constitutional majority was passed.

By Mr. Williams-
A bill to create a Board of Commissioners of Roads and Revenues for the county of Madison and to elect same by the people.
Report of Committee was agreed to.

TuEsDAY, AuausT 2, 1910.

665

Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitu. tional majority was passed.

By Mr. Bell-
A bill to amend Section 982 of the Code, so as to add the town of Canton to the list of State depositories.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 25, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Atkinson-
A bill to amend a new charter for the city of Madison.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority was passed.



666

JouRNAL oF THE SENATE.

This bill was reconsidered and recommitted to the Committee on Corporations.

By Mr. Reid-
A resolution to appropriate the sum of $281.25 to pay balance past due the assistant and second assistant State Librarians of Georgia.
Report of Committee was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affir;mative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Day

Gordy Griffith Harrell Harben Longley :Morris Mathews :McLean McDowell McCurry :McWilliams McCollum

McClure Price Pitts Rutherford Hudicil Sellers Slater Stevens Thompson Ward Wood

Those not voting were Messrs. :

Irwin Johnson Jaekson

Kemp King Mays

Patterson Womble Mr. President

Ayes, 35; Nays, 0.

.l



TuESDAY, AuGusT 2, 1910.

66i

The resolution having received 'the requisite Constitutional majority was passed.

By Messrs. Persons, Vinson, et al.-

A bill to appropriate $15,000 to erect and equip a building at the Sanitarium for the treatment of tuberculosis.
Report of Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Day Gordy

Griffith Harrell Harben Johnson Kemp Longley Mays Morris Mathews McLean McDowell McCurry McWilliams

McCollum 1o.fcClure Price Pitts Rutherford Rudicil Slater
~ellers
Stevens Thompson Wtard Womble Wood

Those not voting were Messrs. :

Irwin Jackson

King .J;'atterson

Mr. President

Ayes, 39; Nays, 0.

G68

JouHNAL oF THE SENATE.

'l'he bill having' received the requisite Constitutional majority was passed.

By Mr. Vinson-
A bill to appropriate the sum of $35,000 to erect a building upon the campus of the Georgia Normal & Industrial College at Milledgeville.
Report of the Committee wa~ agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

'l'hose voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley

Griffith Harrell Johnson Mays Morris l\[athews l\1 cLean Me Dowell McCurry M c\Villiams l\fcCollum

McClure Price Pitts Rudicil Slater Stevens Thompson w,ard Wombla Wood

Those voting in the negative were Messrs.:

Day

Longley

Rutherforil

'l'hose not voting were Messrs. :

Gordy Harben Irwin

J:;.ckson Kemp King

Patterson l"ellers Mr. President

Ayes, 32; Nays, 3.

TuEoDAY, ..AuoUHT :2, 1!110.

'l'he bill having received the requisite Constitutional majority was passed.

Notice was given that at the proper time a motion would be made to reconsider the action pf the Senate in passing the bill.

By Mr. Vinson-

A bill to appropriate $25,000 for the year 1910 and $35,000 for 1911 for the State Sanitarium at Milledgeville.

Report of the Committee was agreed to.

Upon the passage of the hill the ayes and nays were ordered and the vote is as follows:

'l'hose voting in the affirmative were Messrs.:

Akin Bowen Burwell l:llackwell Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Day Griffith

. Harrell Johnson Kemp King Longley l\fays Morris Mathews McLean McDowell McCurry McWilliams

McCollum McClure Price Pitts Hutherford Rm1icil Slater Stevens 'l'hompson Ward Womble
\\"ootl

670

JouRNAL oF THE SENATt~.

Those not voting were Messrs.:

Burch Gordy Harben

Irwin .Jackson Patterson

Ayes, 36; Nays, 0.

s~llers
1\Ir. President

The bill having received the requisite Constitutional majority was passed.

By Mr. McMichael-

A bill to authorize the Governor to use the rent from the Indian Springs Reserve for the purpose of keeping public comfort at said springs in a sanitary condition..

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell CalLaway of lOth Cates Collum Conley Day Griffith Harrell Harben

.Tlhnson Kemp King Mays Morris Mathews McLean McDowell McCurry McWilliams McCollum McClure

Price Pitts Retherford Rudicil f:ilater Sellers Stevens Ward Womble Wood

TuESDAY, AuousT 2, 1910.

671

Mr. Calhoun voted in the negative.

Those not voting were Messrs. :

Burch Callaway of 29th Gordy

Irwin Jackson Lougley

Patterson Thompson Mr. President

Ayes, 34; Nays, 1.
The bill having received the requisite Constitutional majority was passed.
By Mr. Henderson-
A bill to repeal an Act to incorporate the town of Boynton in Catoosa.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Rosser-
A bill to amend the charter of the city of Rossville in Walker county.
Report of the Committee was agreed to.

'672

JouRNAL OF THE SENATE.

Upon the passage of the bill the ayes were 28, nays, 0.
The hill having received the requisite Constitgtional majority was passed.

R~ Mr. Dickson-
A hill to define the mode and manner of purchasing and slaughtering cattle, hogs, sheep, etc., in Ben Hill.
R.eport of the Committee was agreed to.
Upon the passage of the hill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Kirhy and Couch-
A hill to amend an Act incorporating the city of Newnan.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays, 0.
The bill having received the requisite Constitutional majority was passed.

T!ESDAY, AuausT 2, 1910.

673

By Mr. Ford-
A bill to regulate the preparation of live stock for market in Worth county.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received 0 the requisite Constitutional majority was passed.

By Messrs. Couch and Kirby-
A bill to establish a system of public schools for 0
the city of Senoia.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitiltional majority was passed.

By Messrs. Hardman, Brown and Ward-
A bi1l to appropriate additional funds for the completion and equipment of State Sanitarium for treatment of tuberculosis.
Report of the Committee was agreed to.

674

JouRNAL oF THE SENATE.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Cates Collum Conley ))ay
Gordy Griffith

Harben Irwin .Tohnson Kemp Longley Mays 1\lorris Mathews McLean McDowell McCurry McWilliams McCollum

McClure Price Pitts Rutherfcml Rudicil 8later.
~ellers
Stevens Thompson Ward Womble
\\' oo<l

Mr. Calhoun voted in the negative.

Those not voting were Messrs. :

Harrell .Jackson

King Patterson

Ayes, 38; Nays, 1.

l\lr. President

The bill having received the requisite Constitutional majority was passed.

By Mr. Stubb!-
A bill to provide for the election of the Solicitor of the County Court of Putnam county by the qualified voters of said county.

TuE~DAY, A uou~T :2, 1910.

G75

Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional mnjority was passed.

By Mr. Reid-
A bill to authorize the county authorities of Campbell county to pay legal costs to 9fficers of said county.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitu~ tional majority was passed.

By Mr. Brown-
A hill to prohibit the shooting, killing or other- _ 'vise destroying partridge, dove and other game in Carroll county.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.

676

JOURNAL OF THE SENATE.

/ The bill having received the requisite Constitu tional .majority was passed.

By Mr. Henderson-

A bill to appropriate $10,000 to the State Board of Entomology for 1911 to be used in experiment work on the black roof in cotton, and. for other purposes.

The following. amendment was offered.
MeWilliams amends by making new Section.
This appro~riation granted on condition that parties who receive the resistant seed distributed by State Board of Entomology make contract with said board to sell to cotton growers within the State whatever supply they may have propagated by the State more than they need for their own farm at a reasonable or market price.
On this amendment the ayes and. nays were or- dered and the vQte i~ as follows:

Those voting in the affirmative were Messrs.:

Bowen Conley :Mays

Mathews McWilliams McCollum

McClure Rutherford

TuESDAY, AuGusT 2, 1910.

677

Those voting in the negative were Messrs.:

Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Day Gordy Griffith

Harrell Harben Irwin .i"ohnson Kemp King Longley Morris McLean McDowell McCurry

Price Pitts Rudicil Slater Sellers Stevens Thompson Womblo Wood

Those not voting were Messrs. :

Akin Jackson

l'atterson W.ard

'1\lr. President

Ayes, 7; Nays, 31.

The amendment was lost.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Thos voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates

Collum Conley liay Gordy Griffith Harrell liarben Irwin Johnson

Kemp King Longley Mays ~Iorris Mathews McLean McDowell McCurry

G78

JOURNAL OF THE SENATE.

~Ic W i l l i a m s McCollum l\IcClure l'rice Pitts

R.utherford Rudicil Slater EPI!ers Stevens

Thompson Ward Womble wood

Those not voting were Messrs.:

Jackson

Patterson

~h. Presiclent

Ayes, 41; Nays, 0.

The bill having received the requisite Constitutional majority was passed.

The following Senate bill was taken up with House amendment for the purpose of concurring in same.

By Messrs. Slaton, Morris and Slater-
A bill to amend the Constitution of this State so as to authorize certain counties in this State to supplement the salaries of the Judges of the Superior Court.
The following is the House amendment:
Amend Section 1 by striking therefrom the words ''so that the said Paragraph 1, of Section 13, of Article 6 of said Constitution shall read as follows, and all the r~t of said Section 1 of said Act following said words.
On the adoption of this amendment the ayes and nays were ordered and the vote is as follows:

'l'uESDAY, AuausT 2, 1910.

679

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of 29th Calhoun Cates Collum (\nley Day Gordy Griffith Harrell

Harben Irwin Johnson Kemp King Longley Mays Morris Uathews McLean :McDowell McCurry McWilliams McCollum

McClure Price Pitts Rutherford Rudicil Slater fpllers Stevens Thompson W.ard Womble Wood

Those not voting were Messrs. :

Callaway of lOth
~Jackson

P>.ttterson

Mr. President

Ayes, 40; nays, 0.

The amendment was concurred in.

The bill as amended is as follows:

A BILL
To be entitled. an Act to amend Paragraph 1, of Section 13, of Article 6, of the Constitution of the State of Georgia, regulating the salaries of the Judges of the Supreme and Superior Courts by providing for the payment from the County Treasuries of Chatham, Fulton and Richmond

680

JOURNAL OF THE SENATE.

Counties to the Judges of the Superior Courts of the Circuits to which saJid coooties belong, and to the Judge of the Stone Mountain Circuit, or the Judge of such other circuit as may hereafter be required to regularly preside in Fulton Superior Court, of additional compensation, and to ratify, validate and confirm the original and amendatory Acts of the General Assembly regulating the salaries of Judges of the Superior Courts of all judicial circuits of the State having therein a city with a population of not less than 54,000 inhabitants, according to the United States Census of 1900, as heretofore enacted, and the Act of the General Assembly regulating the compensation of Judges of the Superior Court for services rendered outside of their own circuits in those judicial circuits of the State having therein a population of not less than 75,000 inhabitants, according to the Census of 1900.
SECTION 1. Be it hereby enacted by authority of the -General Assembly of Georgia that Paragraph 1, of Section 13, of Article 6, of the Constitution of the State of Georgia, be amended by adding to such paragraph of said Section the following proviso :
Provided, however, That the countie~ of Chatham, Fulton and Richmond shall pay from their respective county treasuries to the Superior Court Judges of the .circuit of which they are a part, and the county of l1,ulton to the Judge of the Stone Mountain Circuit, or to the Judge of such other Circuit as may

TuESDAY, AuausT ~' 1910.

681

hereafter be required to regularly 'preside therein, for additional services rendered In the Superior Courts of Fulton county, such sums as will with the salaries paid each Judge from the State Treasury make a salary of $5,000, per annum to each Judge; and said payments are declared to be a part of the Court expenses of such counties, such payments to be made to the Judges now in office as well as their successors.
The Act of the General Assm:n:bly of 1904 ''An Act to regulate the salaries of Judges of the Superior Courts of all Judicial Circuits of this State having, or that may hereafter have, therein a city with a population of not less than 54,000, nor more than 75,000 inhabitants and for other purposes," with the Acts of the General Assembly of 1905 and 1906 amendatory thereof; and also the Act of the General Assembly of 1906 entitled ''An Act to Regulate the Compe:nsation of Judges of the Superior Courts for services rendered outside of their own Circuits in those Judicial Circuits of the State having therein a city of not less than 75,000 inhabitants according to the Census of 1900, and for other purposes," which Acts provide for the payment from the Treasuries of the counties containing said .;ities to the Judges aforesaid of a part of their salaries, are ratified, validated and confirmed as to'the dates of said respective enactments.
SEc. 2. Be it further enacted by the authority aforesaid, That .when the above and foregoing

682

JOURNAL OF THE SENATE.

amendment has been agreed to by two-thirds of the members of each House of the present General Assembly, it shall be the duty of the Governor, and he is hereby directed to cause the same to be published in one or more newspapers in each Congressional District in this State, two months before the next general election; and the Oovernor of this State is further required and directed, after having said amendment so published as aforesaid, to submit the sam~ to the people at the next general election for the ratification or rejection. The form of such submission shall be as follows, to-wit:

''For ratification of amendments to Paragraph 1, Section 13, Article 6, of the Constitution."

Against ratification of Amendment to Paragraph 1, Section 13, Article 6, of the Constitution.
By Mr. Moss-
A bill to appropriate the sum of $2,000 for improving the Confederate cemetery at Marietta. Report of the Committee was agreed to.

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

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of 29th

Cates Collum Conley Day Gordy Griffith

Johnson Kemp King Longley Morris Mathews

TUESDAY, AUGUST 2, 1910.

683

McLean McDowell McCurry :NfcCollum
~fcCluro
Price

Pitts Rutherford I.:udicil Slater
~oilers
Stevens

Thompson W111rd Womble Wood

Those not voting were Messrs. :

Callaway of lOth Calhoun Harrell Jlarben

Itwin .Tack s o n Mays l\'fcWilliams

Pr.tterson Mr. President

Ayes, 34; nays, 0.

The bill having received the requisite Constitutional majority was passed.

By Mr. Baker-
A resolution to submit plans for building on campus North Georgia Agricultural College at Dahlonega.
Report of the Committee was disagreed to and the bill was lost.

By Mr. Chandler-
A bill to repeal the Act creating the office of Comnnsswner of Roads and Revenues for Franklin County.
Report of the Committee was agreed to.

684

JOURNAL OF THE SENATE.

Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite Constitutional majority was passed as amended.
The amendment is as follows:
By striking the words November 1, 1910, and inserting the words November 1, 1911.

By Mr. Sheppard-
A bill to amend an Act to amend and revise and consolidate the several Acts authorizing the city of Americus to extend the corporate limits of said city.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Moss-
A bill to auth.orize the Mayor and Council of the city of Marietta to have held an election to determine whether or not the city shall issue bonds for the purpose of extending the waterworks of said city.
Report of the Committee was agreed to.

TUESDAY, AUGUST 2, 1910.

685

Upon the passage of the bill the ayes were 28 ; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Hubbard-

A resolution to refund to J. R. Hubbard, et al, amount paid by him for charter.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs:

Akin Bowen Burwell Blackwell Callaway of lOth Callaway of 29th C:dhoun Collum Conley
Da~
Gordy Griffith

Harbe~ Johnson Kemp King Longley Morris Mathews McLean McDowell McCurry :Me W i l l i a m s McCollum

:McClure Price Pitts Rutherford RudicH Slater Sellers Stevens Thompson Ward Wombltt Wood

Those not voting were Messrs. :

Burch Cates Harrell

Irwin Jnckson Mays

Ayes, 36; nays, 0.

Patterson Mr. President

686

JouRNAL OF THE SENATE.

The resolution having received the requisite Constitutional majority was passed.

By Mr. Calbeck-

A resolution to appropriate $1,500 to the Resaca cemetery for building walls, etc.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Bowen Burwell Blackwell Callaway of lOth Callaway of 29th Calhoun Cates Collum l'unley Day Gordy

Griffith Johnson Kemp King Longley Mathews McLean McDowell McCurry llfcWilliams Mc<'ollum

Price Pitts Rndicil Slater Sellers Thompson Ward Womble Wood

Those not voting were Messrs.:

Al<in Burch Harrell Harben Irwin

.Tacksou Mays ~Iorris McClure Patterson

Rutherford StevPns :lfr. Presid!'nt

Ayes, 31; nays, 0.

TuEsDAY, AuausT 2, 1910.

687 '

The resolution having received the requisite Constitutional majority was passed.

By Mr. Tarver-

A resolution to appropriate $2,500 for the purpose of erecting a monument to the memory of Gen. Joe E. Johnston, at Dalton.
Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Bowen Burwell Blackwell Callaway of lOth Callaway of 29th Calhoun Cates Collum Gordy Griffith .fohnson

Kemp King Longley Morris Mathews :McLean McDowell McCurry Me Williams McCollum McClure

Price l'itts Hutherford lludicil Slater Sellers Stevens Thompson \\:ard Womble Wood

Those not voting were Messrs. :

Akin Burch Conley Day

Harrell Harben Irwin .Jackson

Mays Patterson :.1:r. President

Aye~, 33; nays, 0.

688

JouRNAL oF THE SENATE.

The resolution having received. the requisite Constitutional majority was passed.

By Mr. Jones-

A bill to amend the appropriation Act so as t6 provide for the salary of the stenographer in the office of State Treasurer.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Day Gordy

Griffith Harrell Kemp K,i.ng Longley :Mathews McLean McDowell McCurry McCollum McClure l'riee

Pitts Rutherford Rudicil Slater Sellers Stevens Thompson w\ard \\'omble Wood

Those not voting were Messrs. :

Burch Harben Irwin Johnson

Jackson Mays Morris McWilliams

Patterson 1\fr. President

Ayes, 34; nays, 0.

TuESDAY, AuousT 2, 1910.

'l'he resolution having received the requisite Con- . stitutional majority was passed.

By Mr. Calbeck-

A resolution to refund to H. Yarbrough certain money arising from the sale of wild land.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Callaway of lOth Callaway of 29th Calhoun Collum Conley Day Gordy

Griffith Johnsop. Kemp Morris Mathews McLean McDowell McCurry M~Williams McCollum McClure

Price Pitts Rutherford Rudicil &later Sellers Stevens Ward Womble Wood

Those not voting were Messrs. :

Burch Cates Harrell liarben

Irwin Jackson King Longley

Mays Patterson Thompson :!\ir. President

Ay~s, 32 ; nays, 0.

690

JouRNAL oF THE SENATE.

The resolution having received the requisite Constitutional majority was passed.

By Mr. Barrett-

A bill to appropriate to the Public Building Fund the sum of $11,363,37 to supply a deficiency in said fund, also the further sum of $5,000 to pay insurance premiums.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Day Gordy

Griffith Harben .Johnson Kemp King Longley :Mays Morris :Mathews McLean McDowell McCurry

McCollum McClure Price Pitts Rutherford Rudicil :Slater Sellers Stevens Thompson Ward Wood

Those not voting were Messrs. :

Akin Harrell Irwin

.Jackson McWilliams Patterson

Ayes, 36; nays, 0.

Womble J\.fr. President

TuESDAY, AuausT 2, 1910.

691

The bill having received the ~equisite Constitu-. tiona} majority was passed.

By Mr. McElreath-
A hill to authorize the county authorities of this State to create a Board of Examiners of Stationary Engineers and Firemen.
Report of the Committee was agreed to.
Upon the passage of the hill the ayes were 28; nays, 0.
The bill having received the requisite Constitutional majority was passed as amended, and the amendments are as follows:
By substituting in the caption and in the body of the bill wherever it occurs, the figures 117,000 where it occurs in inserting the figures 125,000 according to the census of 1900.
Mr. Callaway, Chairman of Committee on Counties and County Matters, submits the following report:

11Jr. President:
Your Committee on Counties and County Matters has had under consiaeration the following bills, and instruct me, as their ('hairman, to report the same

692

JoURNAL OF THE SENATE.

back to the Senate with the recommendation that they do pass :
A bill to be entitled an Act to require all county officers, in and for Telfair County, who are required to give official bonds, to give as surety on such bonds and for other purposes.
A bill to be entitled an Act to amend an Act establishing an Act to prescribe the duties and powers of the Commissioners of Roads and Revenues in and for Ben Hill County.
CALLAWAY, Chairman.

Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

M-r. P-resident:
The Committee on Enrollment report as being duly signed by the President of the Senate, and Speaker of the House of Representatives, and transmitted to the Governor, the following resolution and Acts, to-wit:
A resolution proposing to ratify an amendment to the Constitution of the United States in reference to the Income Tax.
An Act to change the time of holding the Superior Courts of Hart County.

rruESDAY, AuGUST 2, 1910.

693

An Act to a:mend an Act re-incorporating the town of White Plains, Green County.
An Act to repeal an Act incorporating the Town of Roberta.
An Act to incorporate the city of Roberta, county of Crawford.
Ari Act to amend the charter of the city of Dalton.
Respectfully submitted,
F. E. CoNLEY, Chairman.

Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

Mr. 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 resolution and Acts, to-wit:
A resolution proposing to ratify an amendment to the Constitution of the United States in reference to the Income Tax.
An Act to change the time of holding the Superior Courts of Hart County.

694

JouRNAL OF THE SENATE.

An Act to amend an Act incorporating the town of White Plains, Green County.
An Act to repeal an Act incorporating the town of Roberta.
An Act to incorporate the city of Roberta, county of Crawford. .
An Act to amend the charter of the city of Dalton.
Respectfully submitted,
F. E. CoNLEY, Chairman.

Mr. Kemp, Chairman of the Committee on Public Library, submitted the following report:

Mr. Presid!ent:
The Committee on Public Library has had under consideration the following House Bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend an Act to authorize and direct the publication of certain Georgia Reports.
Respectfully submitted,
W. R. KEMP, Chairman.

TUESDAY, AUGUST :2, 1910.

695

Notice was given that at the proper time a motion would be made to re-consider the action of the Senate in defeating the following resolution of the House:

. By Mr. Baker-
A resolution to submit plans for building on campus of North Georgia Agricultural College at Dahlonega.
On motion the Senate 'adjourned until tomorrow morning at 10 o'clock.

696

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA.

WEDNESDAY, AuGusT 3, 1910.

'l'he Senate met pursuant to adjournment at 10 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.

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

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Day Gordy Griffith Harrell

Harben Irwin .fohnson .Jackson Kemp King Longley Mays Morris Mathews McLean McDowell McCurry McWilliams :McCollum

McClure Patterson Price Pitts Rutherford Rudicil Slater Sellers Stevens 'I'hompson Ward \Vomble \Vood Mr. President

On motion the reading of the Journal was dispensed with.

By unanimous consent the following House Bill was re-committed to the Corporations Committee:

WEDNESDAY, AuausT 3, 1910.

697

By Mr. RogersA bill to prohibit the sale of near beer in Randolph
County. The following Senate Bill was re-committed to the
Education Committee :
By Mr. Morris~
A bill known as the Compulsory Education Bill.
The following joint resolution was read 1st time:
By Mr. MathewsA resolution to authorize the State Treasurer to
pay Mrs. Catharine Murry $200.00, the per diem due her husband.
The following House Bills were read 1st time:
By Mr. JonesA bill to create and establish a new charter for the
town of Baconton, in Mitchell county. Referred to Committee on Corporations.
By Mr. DavisA bill to create and establish a new charter for the
city of Albany. Referred to Committee on Corporations.

698

JouRNAL OF THE SENATE.

By Mr. White-
A bill to amend the Act fixing the term of Commissioner of Pensions.
Referred to Committee on .General Judiciary.

By Mr. Hardman-
A bill to make the President of the Board of Trustees of the State College of Agriculture a member of the Board of Trustees of the University of Georgia.
Referred to the Committee on University of Georgia.

By Mr. Upshaw-
A bill to amend the Act to provide for the creation and operation of certain operation of local tax districts.
Referred to Committee on Education.

By Mr. Picket-
A bill to regulate the deposit of Insurance Companies in this State.
Referred to Committee on Finance.

\VEDNESDAY, AuGusT 3, 1910.

69!J

By Messrs. Alexander, McElreath, et al-
A bill to amend an Act providing for the election of County School Commissioners of this State.
Referred to Committee on Education.

By Mr. McCutchen-
A bill to provide for the fixing salary of the Treasurer of Heard County.
Referred to Committee on Counties and County Matters.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the House, towit:
A bill to make binding any contract made by a minor for a loan for educational purposes.
A bill to provide for succession of Governor in this State.
A bill to provide for municipal elections to determine the question of local taxation for public schools.

700

JOURNAL OF THE SENATE.

A bill to amend Act fixing time when railroad charters become dormant.
A bill to create a Board of Commissioners for the county of Irwin.
A bill to amend charter of city of Lexington.
A bill to amend Section 5261, Volume 2, Code 1895, relative to witness fees in certain counties.
The following House Bills were read 2nd time:
By Mr. Burch-
A bill to create a new charter of the city of Dublin.
By Messrs. Moore and Kendrick-
A resolution to pay Mrs. R. A. Lynn the pension due to her for the years 1903, 1904, 1906 and 1907.
By Mr. Dickson-
A bill to amend the Act prescribing the duties and powers of the Commissioners of Roads and Revenues of Ben Hill County.
By Mr. Meadows-
A bill to require all county officers in Telfair County who are required to give bonds to make said bonds in Guarantee Companies.

WEDNESDAY, AuousT 3, ~910.

701

By Mr. Fullbright-
A bill to amend the Act authorizing the publieations of certain Georgia Reports.
The following House Bills were read 3rd time and put upon their passage:

By Mr. Jones-
A bill to incorporate the city of Sale City.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28; nays, 0.
The bill having received the requisite Constitutional majority was pa-ssed.

By Mr. Brown-
A bill to amend, revise, consolidate and supersede the several Acts incorporating the town of Bowden.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

702

JouRNAL o.F THE SENATE.

By Mr. Henderson-
A bill to incorporate the town of Sycamore.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Alexander and Field-
A bill to incorporate the town of Oakhurst, in DeKalb County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill. having received the requisite Constitutional majority was passed.

By Mr. Henderson-
A bill to amend the Acts establishing and maintaining a system of Public Schools in the city of Ocilla.
Report of the Committee was agreed to.

WEDNESDAY, AuousT 3, 1910.

703

Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Henderson-
A bill to amend the Act creating the Board of Commissioners of Roads and Revenues of Turner County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27: nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Miller-
A bill to abolish the City' Court of Calhoun County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28; nays, 0.
The bill having received the requisite Constitutional majority was passed.
\

704

JoURNAL OF THE SENATE.

By Mr. Brown-
A hill to amend the Act creating the office of Commissioners of Roads and Revenues of Carroll County, so as to fix the salary of the Clerk.
R.eport of the Committee was agreed to.
Upon the passage of the bill the ayes were 24; nays, 0.
The hill having received the requisite Constitutional majority was passed.

By Mr. Johnson-
A hill to amend the charter of the town of Kingston.
Report of th,e Committee was agreed to.
Upon the passage of the hill the ayes were 27; nays, 0.
The hill having received the requisite Constitutional majority was passed.

By Mr. Hardman-
A hill to incorporate the city of Commerce, in the county of Jackson.
Report of the Committee was agreed to.

WEDNESDAY, AuousT 3, 1910.

705

Upon the passage of the bill the ayes were 27 ; nays, 0.
.The bill having received the requisite Constitutional majority was passed.

By Messrs. Kirby and Couch-
A bill to provide for the payment by counties in this State having a population according to census of 1900 of not less than 24,890, nor more than 24,995, actual costs in the Superior Courts.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed as amended.
The amendment is as follows':
Amend by inserting in the caption of the bill in the 6th line thereof, immediately after the word 5 the words ''and in counties having populations of not less than 22,625, nor more than 22,675.''
Amend Section 1, of said bill by inserting in line eleven (11) of said Section after the word 5 the words "and in counties having population of not less than 22,625, nor more than 22,675.''

706

JoURNAL OF THE SENATE.

By Mr. Faircloth-

A bill to amend the charter of the town of Kite.
Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Kirby and Couch-
A bill to amend the charter of the town of Grantville.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Joiner and Lord-

A bill to amend an Act creating a Board of Roads and Revenues for the county of Washington; providing a Secretary for said Board.
Report of the Committee was agreed to.

wEDNESDAY, AuausT 3, 1910.

707

Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Lawrence-
A bill to amend the laws relating to the City Court of Savannah.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
'The bill having received the requisite Constitutional majority was passed.

By Mr. Stubbs-
A bill to amend the Act ereating the :aoard of Commissioners of Roads and Revenues of Putnam County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed~

708

JOURNAL OF THE SENATE.

By Mr. Moss-

A bill to authorize the Mayor and Council of Marietta to call an election to determine whether bonds shall be issued for the extension of waterworks system.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received ,the requisite Constitutional majority was passed.

By Mr. Alley-
A bill to prevent the hunting and killing of fox in certain seasons of the year in White County.
Report .of the Committee was agreed to.
Upon the passage of the bill the ayes were 31 ; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. VinsonA bill to provide for the establishment of certifi-

WEDNESDAY, AuousT 3, 1910.

709

cates of stock of banks or private corporations in lieu of lost certificates.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed by substitute as amended, and the amendment is as follows:
Amend by striking all of the words in Paragraph 3 of substitute from line 7 to line 14 inclusive.
House Bill No. 927 was tabled.
The following Senate Bill was read 1st time:

By Mr. Slater-

A bill to amend Article 7, Section 3, Paragraph 1, of the Constitution.

Referred to Committee on Constitutional Amendments.
The following Senate Bill was taken up with adverse report of the Committee, so as to disagree to said report.

!

710

JOURNAL OF THE SENATE.

By Mr. McCurry-
A bill to change the time .of holding the session of the General A5sembly from June to October.
On the motiQn to disagree to the report of the Committee the .ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Blackwell Uallaway of 29th

Conley McCurry

Stevens

Those voting in the negative were Messrs.:

Bowen Burwell Callaway of lOth Calhoun Cates Collum Day Gordy HarreU Harben Irwin

Johnson Jackson Kemp King Longley
~lays
Mathews McDowell McWilliams McCollum McClure

Price Pitts Rutherford Rudicil Slater Sellers Thompson Ward Womble Wood

Those not voting were Messrs. :

Akin Burch Griffith

Morris McLean Patterson

Mr. President

Ayes, 5; Nays, 32.

The motion was lost and the bill was lost.

WEDNESDAY, AuGUST 3, 1910.

711

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

By Mr. Slaton:_

A bill to provide for regulation of inspection and grading of grain and hay; to provide for the manner of appointment of inspector, etc.
Report of the Committee was agreed to.
I.
Upon the passage of the bill the ayes were 24; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Harrell-
A bill to prohibit the shooting at, towards, or into any occupied dwelling home in this State, etc.
Report of the Committee was agreed to.
,
Upon the passage of this bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

712

JouRNAL OF THE SENATE.

By Mr. McCurry-
A bill to amend an Act incorporating the town of Hartwell.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Gordy~
A bill to authorize the Commissioners of Commons of the city of Columbus to convey to said city the title to certain common land.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutio~al maj-ority was passed.

By Mr. Harben-
A bill to change the time of holding the Dawson Superior Court.
Report of the Committee was agreed to.

WEDNESDAY, :AuGU8T 3, 1910.

713

Upon the passage of the bill the ayes were 27;
nays, 9.
The bill having received the requisite Constitutional majority was passed.
Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

llfr. President:
The Committee on Enrollment report as .duly enrolled and ready for the signature of the President of the Senate, and the Speaker of the House of Representatives, the following Act, to-wit:
An Act to amend the Constitution in reference to the salaries of the Superior Court Judges of certain counties.
Respectfully submitted,
F. E. CoNLEY, Chairman.

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

llfr. President:
The Committee on Corporations has had under consideration the following House Bills, which I am instructed to report back to the Senate with the recommendation that the sazp.e do pass, to-wit:

714

JOURNAL 0.1!' THE SEN ATE.

A bill to amend the charter of the city of Atlanta.
A bill to repeal an Act to create a County Court, in so far as the same applies to Morgan County.
A bill to incorporate the town of East End.
A biil to incorporate the town of Mcintyre, in the county of Wilkinson.
A bill to create a new charter for the town of Willacoochee, in the county of Coffee.
A bill to amend the charter of the town of Riverdale.
A bill to incorporate the town Qf Oglethorpe.
A bill to amend the charter of the city of Waynesboro.
The Committee has also had under consideration the following House Bills, which I am instructed to report back to the Senate with the recQmmenQation that the same do pass as amended, to-wit:
A bill to establish the City Court of Madison, in and for the county of Morgan.
A bill to amend the new charter of the city of Madison.
Respectfully submitted,
J NO. R. IRWIN, Chairman.

WEDNESDAY, AuGusT 3, 1910.

715

The following resolution was read 1st time:
By Mr. Price-
Resolved, That a Committee of 2 from the Senate and 3 from the House be appointed to consider the advisability of selling or exchanging the Governors Mansion for other property, and for other purposes.
Laid on table.
The following Senate bill was taken up ~with House amendment and the amendment was concurred in:
By Mr. Burwell-
A bill to amend the Act creating a charter for the city of Sparta.
The amendment is as follows:
Amend Section 11 by inserting after the word Recorder in line 3 the words "who shall be neither Mayor, Alderman of said city. Strike Section 5 of said bill.
Amend Section 18 by adding at the end of said Section the following: Provided, That in case the fund raised under this Section shall be more than sufficiel\t to maintain said Public Schools, the excess shall be covered in the Treasury and be available for the payment of any liability of said city. .

716

J OUBNAL OF THE SENATE.

The following House Bill was read 3rd time and put upon its passage:

By Mr. Persons-

A bill to amend Paragraph 2, Section 6, Article 7, of the Constitution of this State.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Bowen Burwell Callaway of 29th Conley Gordy Griffith

Johnson King Longley Mathews McLean McWilliams

:McClure Pitts Rudicil 'l'hompson Wood

Those voting in the negative were Messrs.:

Burch Cates Day Harrell

Harben Kemp McCurry Rutherford

Sellers Stevens

Those not. voting were Messrs. :

Akin Blackwell Callaway of lOth Calhoun Collum Irwin

Jackson Mays Morris McDow:ell McCollum. Patterson

Price 8later Ward Womble Mr. President

Ayes, 17; nays, 10. ,I

WEDNESDAY, AuausT 3, 1910.

717

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

Mr. President:

I am directed by His Excellency, the Governor, to transmit the accompanying message to the Senate and respectfully request due consideration of same.
Respectfully,
W. W. LARsEN,
Secretary Executive Department.

Mr. Longley moved to re-consider the action of the Senate in passing the following bill of'the House on yesterday:
By Mr. Vinson-
A bill to appropriate the sum -of $35,000 for the purpose of erecting a hqilding on the campus at the Georgia Normal and Industrial College at Milledgeville.
On this motion the ayes and nays were ordered and the vote is as follows:

718

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messrs.:

Calhoun Day

Gordy Kemp

Longley

Those voting in the negative were Messrs.:

Bowen Bu~well Blackwell Burch Callaway of lOth Callaway of 29th Cates Collum Griffith Harrell

.Tackson Mays Morris Mathews McLean McDowell McCurry McCollum McClure Price

Pitts Rudicil Slater Sellers Stevens 'Jhompson Ward Womble Wood

Those not voting were Messrs. :

Akin Conley Harben Irwin

.Johnson King McWilliams Patterson

Ayes, 5; nays, 29.

Rutherford Mr. President
: ..

The motion was lost.

Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

llfr. President :
The Committee on Enrollment report as being duly signed by the President of the Senate, and

.

'VEDNESDAY, AUGUST 3, 1910.

719

Speaker of the House of Representatives, and transmitted to the Governor, the following Act, to-wit:
An Act to amend the Constitution in reference to the salaries of the Superior Court Judges of certain coup ties.
Respectfully submitted,
F. E. CoNLEY, Chairman.

Mr. Rutherford, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
The Committee on Engrossing has e-xamined and found properly engrossed and ready for transmission to the House of Representatives the following Senate Bills, to-wit:
A bill to restrict the jurisdiction of the City Court of Baxley.
A bill to amend an Act to require the County Commissioners of Stewart County to pay to the officers of the Superior Court of said county their legal costs.
A bill to amend the charter of the town of Lexington.
Respectful1y submitted,
S. RuTHERFORD, Vice-Chairman.

7:!0

J OURN.AL OF THE SENATE.

House Bill No. 1018 was re-committed to the Committee on Counties and County Matters.
The following Senate bill was read 1st time:
By Mr. Ward-
A bill to provide for regulations of all Railroads
doing business in this State, and for other purposes.
Referred to Committee on General Judiciary.
Mr. Thompson moved to re-consider the action of the Senate in defeating the following resolution of the House on yesterday:

By Mr. Baker-

A resolution to submit plans for building on the campus North Georgia Agricultural College at Dahlonega.

The motion prevailed.

At 12:55 o'clock the Senate went into executive sesswn.

Senator Harben was granted leave of absence indefinitely on account of sickness in family.

The hour of adjournment having arriv~d the Sen-

ate stood adjourned until to-morrow morning at 10

o'clock.
I.

I

~ I
~.

__ I' __ ;

THURSDAY, AuGusT 4, 1910.

721

SENATE CHAMBER, ATLANTA, GEORGIA.

THURSDAY, AuGUST 4, 1910.
The Senate met pursuant to adjournment at 10 o'clock; was called to order by the President.

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell Blackwe11 Burch Callaway of lOth Callaway of 29th Calhoun. Cates Collum Conley Day Gordy Griffith Harrell

l!'win Johnson J1:ckson I\:(mp King Longley Mays :M:orris Mathews Me Lean l\IeDowell ]',fcCnrry McWilliams 1\fcCollum McClure

Patterson Price Pitts Rutherford Hudicil Slater Sellers Stevens Thompson \V.ard Womble Wood :M:r. President

Mr. Harben was absent.

Mr. Gordy gave notice that at the proper time he would move to re-consider the action of the Senate in defeating House Bill No. 806 on yesterday.

722

JOURNAL OF THE SENATE.

On motion the reading of the Journal of yesterday was dispensed with.

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

Mr. President :
The House has concurred in the Senate amendment to the following bills of the House, to-wit:
A bill to authorize certain counties to establish a Board of Examiners of Stationary Engineers and Firemen.
A bill to repeal an Act to create the Board of Commissioners of Roads and Revenues for Franklin.
A bill to consolidate laws creating charter of city of Griffin.
The House has passed by the requisite Constitutional majority the following bills of the Senate, towit:
A bill to authorize Board of County Commissioners of Glynn County to fix salary of their Clerk.
A bill to provide for control of cemeteries, etc., in certain counties.

THuRsDAY, AuousT 4, 1910.

723

The House has passed by the requisite Constitu-
tional majority the following bills of the House, to. wit:

A bill to amend Section 188, Code 1895, relative to embezzlement.
A bill to repeal Act creating City Court of Fayetteville.
A bill to regulate employment of minors in the messenger service.
A bill to fix salary of Treasurer of county of Murray.
A bill to require Board of County Commissioners of Lowndes County to have roads and streets of municipalities in Lowndes County worked.
A bill to amend Acts incorporating town of Marshallville.
A bill to authorize certain counties to employ nurse for jail hospital.
A bill to authorize county of Gwinnett to Issue bonds for road purposes.
A bill to amend Act incorporating town of Norcross.

724

JouRNAL OF THE SENATE.

A bill to amend Act to establish Public Schools for Louisville.
A bill to amend Act to establish a Public School system for Louisville.
A bill to create the Toombs Judicial Circuit.
A bill to provide a new charter for the town of East Lake.
By unanimous consent the following resolution of the House was read 3rd time and put upon its passage:

By Mr. Baker-

A resolution for the purpose of submitting plans for building on campus North Georgia Agricultural College at Dahlonega to the Governor.

The previous question was called and the call was sustained..

Upon the passage of the resolution the ayes and nays were ordered and the vote i~ as follows:

Th~se voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch

Callaway of lOth Callaway of 29th Calhoun Cates Conley

Day Gordy Griffith Harrell hwin

THURSDAY, AuousT 4, 1910.

725

Johnson Jackson I\:"imp King. Longley 1\Jorris McLean McDowell

McCurry McWilliams McCollum :McClure Patterson Price . Pitts Rutherford

Rudieil Sellers Stevens Thompson W;ard Wood

Mr. Mathews voted m the negative.

Those not voting were Messrs. :

Collum Harben

Mays Slater

Womblo Mr. President

Ayes, 37; nays, 1.

The resolution was adopted.

By unanimous consent the following Senate Bill was read 3rd time and put upon its passage:

By Mr. Kemp-
A bill to provide for 2 weeks session of Superior Court of Emanuel County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.

726

JOURNAL OF THE SENATE.

The bill having received the requisite Constitutional majority was passed as amended:
The amendment is as follows:
Amend by inserting 2nd and 3rd Mondays in April and October in lieu of the 1st and 2nd Mondays.
Mr. Mathews moved to re-consider the action of the Senate in defeating the following bill of the House on yesterday, which is as follows:

By Mr. Persons-

A bill to amend Paragraph 2, Section 6, Article 7, of the Constitution.

On the motion to re-consider the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Uollum Conley Gordy Griffith

Irwin .Johnson Jackson King Longley Morris Mathews McLean McDowell McCurry McWilliams McClure Patterson

Price Pitts Rutherford Rudicil Slater Sellers Stevens 'l'hompson Ward Womble \\'ood

THURSDAY, Au<,TUST 4, 1910.

727

Those voting in the negative were Messrs.:

Day

Harrell

Those not voting were Messrs. :

Harben Kemp

:Mays McCollum

Mr. President

Ayes, 37; nays, 2.

The bill was re-considered.

Under special order the following House Bill was read 3rd time and put upon its passage.

By Mr. Persons-

A bill to amend Paragraph 2, Section 6, Article 7, of the Constitution.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote was as follows :
~
Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun

Cates Collum Conley Gordy Griffith Irwin Johnson Jackson

King Longley Morris Mathews McLean McDowell McCurry McWilliams

728

JoURNAL OF THE SENATE.

:McCollum McClure Patterson Price Pitts

Rutherford Hndic1l Slater Sellers Stevens

Thompson Ward Womble Wood
I

Those voting in the negative were Messrs.:

L'ay

Harrell

Those not voting were Messrs. :

Harben Kemp

:Mays

Mr. President

Ayes, 38; nays, 2.

The bill having received the requisite two-thirds majoritywas passed as amended and the bill is as follows with. the amendment inserted:

A bill to be entitled an Act to amend Paragraph 2, Section 6, Article 7, of the Constitution of the State of Georgia, by striking from said Paragraph 2, the following:
''In instructing children m the elementary brancbes of an English education only.,., And for . other purposes.
SECTION 1. Be it emicted by the General Assembly of Georgia, and it is hereby enacted by authority
of the same that Paragraph 2 of Section 6, Article 7,
of the Constitution of this State be, and the same is hereby amended by striking from said Paragraph 2,

THURSDAY, AuausT 4, 1910.

729

-Section 6, Article 7, the following words, "In instructing children in the elementary branches -of an English education only so that when said Paragraph is amended it will read as follows: ''The General Assembly shall not have power to delegate to any
county the right to levy a tax for any purpose, except for educational purposes, to build and repair
the public buildings and bridges; to maintain and support prisoners, to pay jurors and coroners, and for litigation, quarantine, roads and expenses of courts; to support paupers and pay debts heretofore existing.''
SEc. 2. Be it further enacted, That whenever the proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly and the same has been entered on their Journals with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general election.
SEc. 3. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided in the second Section of this Act in the several election districts of this State at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. Al1 per-

730

JOURNAL OF THE SENATE.

sons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: "For amendment of Paragraph 2, Section 6, Article 7, permitting counties to levy taxes for educational purposes,'' and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words : ''Opposed to amendment of Paragraph 2, Section 6, Article 7, permitting counties to levy taxes for educational purposes.''
SEc. 4. Be it enacted, That the Governor be, and he is hereby authorized and directed to proyide for the submission of the amendment proposed in this Act to a vote of the people as required by the Constitution of this State in Paragraph 1, of Section l, of Article 13, and if ratified the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred, in the manner as in cases of elections of members of the General Assembly, to count and ascertain the result, issue his proclamation for one insertion in one of the . daily papers in this State, announcing such result and declaring the amendment ratified.
SEc. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
The following is the unfinished business of Tuesday, which is as follows:

THURSD.\Y, AuGUST 4, 1910.

731

'.1, .
By Mr. Sellers-

A bill to repeal the tax on dogs in this State.

The previous question had been' called and sustained.

The report of the Committee had been agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Burch Cates Collum Conley

Day Gordy Harrell Pitts

Rutherford Rudicil Sellers '1\rrard

Those voting in the. negative were Messrs.:

Akin Bowen Burwell Blackwell Callaway of lOth Callaway of 29th Calhoun Griffith .Johnson

Jackson Kemp King Longley :Mays Mathews McLean McDowell McWilliams

McCollum McClure Patterson Price Slate; Stevens Thompson Wood

Those not voting were Messrs. :

Harben Irwin

Morris McCurry

Womble !lir. President

Ayes, 12; nays, 25.

732

JOURNAL OF THE SENATE.

The bill not having received the requisite Consti.tutional majority was lost.

By unanimous consent the following Senate Bill was read 3rd time and put upon its passage:.

By Mr. Harrell-
A bill to make the wife a competent and compellable witness in all prosecutions for crimes of seduction, and for other purposes.
Report of the Committee was agreed to as amended.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed as amended, and the amendment is as follows:
Amend Section 1, of bill by adding after the word seduction in the 8th line of said Section the following words: "When it is charged or alleged that the husband prior to the marriage seduced his ,wife.''
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

THURSDAY, AuousT 4, 1910.

733

Mr. President:

The House has concurred in the Senate amendment to the following bill of. the House, to-wit:

A bill to amend Constitution of this State relative

to teaching elementary branches of the English edu-

cation.



By unanimous consent the following Senate Bills were read 3rd time and put upon their passage:

By Messrs. MeWilliam~ and Price-
A bill to amend an Act to establish a State Board . of Embalming for the better protection of life and health.
Report of the Committee was agreed to.
Upon the passage 6f the bill the ayes were 31; nays, 0.
'The bill having received the requisite Constitutional majority was passed.

By Messrs. MeWilliams and Price-
A bill to require the several Boards of Health of this State to enforce the standard transit permits
adopted by State Board of Embalming.
Report of the Committee was agreed to.

734

JOURNAL OF THE SENATE.

Upon the passage of the bill the ayes were 26; nays, 1.
The bill having received the requisite Constitutional majority was passed.

By Mr. Slaton_:_
A bill to provide for the dissolutions of corporations in this State.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 31; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Slaton-
A bill to provide for liability of husbands for torts of wife.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 29; nays, 0.
The bill having received the requisite Constitutional majority was passed.

THURSDAY, AUGUST 4, 1910.

735

By Mr. Sellers-
A bill to make it unlawful for any person or corporation to publish or cause to be published in any publication the name of any woman upon whom the crime of rape has been committed.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 29; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Mathews-
A bill to authorize the State Board of Entomology to employ whatever assistants are needed for successfully conducting the work of said Board.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Callaway-
A bill to provide for the passage of fish over dams and for the erection and maintenance of the same.

736

JouRNAL OF THE SENATE.

Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 31; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By unanimous consent the following House resolution was read 3rd time and put upon its passage:

By Messrs. Moore and Kendrick-

A resolution to pay pension due Mrs. Lynn for the years of 1903, 1904, 1906 and 1907.

Report of the Committee was agreed to.
Upon the passage of the resolution the ayes a:nd n~ys were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Aldn Bowen Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Day Gordy

Griffith Jr.bnson Kemp King J,ongley Morris Mathews McLean McDowell McCurry McWilliams McCollum

McClure Price Pitts RudicH Slater Sellers Stevens Thompson Ward Womble \\'ood

THURSDAY, AuousT 4, 1910.

737

Those voting in the negative were Messrs.:

Jackson

Patterson

Those not voting were Messrs. :

Burwell Harrell Harben

Irwin
~lays

Rutherford Mr. President

Ayes, 35 ; Nays, 2.

The resolution having received the requisite Constitutional majority was passed.

Mr. Thompson, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. President:
The Committee on Constitutional Amendments has had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend Article 7, Section 3, Paragraph 1 of the Constitution of .the State of Georgia.
Respectfully submitted,
HowARD THOMPSON, Chairman.

738

JOURNAL OF THE SEN ATE.

Mr. Irwin for a minority of the Committee on Corporations, submitted the following report:

Mr. Presid!ent:
We, the undersigned members of the Committee on Corporations, beg leave to submit a minority re~ port on the following hills of the House, which i:u our opinion should not pass, viz. :
A bill to amend the charter of the city of Ameri~ cus, so as to confer additional powers upon the city authorities.
Also,
A bill to amend the charter of Marietta, so as to confer additional powers on said city.
Respectfully submitted,
JNo. R. IRwiN,
M. E. CoLLUM, JOHN T. KING, R. S. BuncH, 7th Dist., E. P. BowEN, 6th Dist.

Mr. Stevens, Chairman of the Committee on University of Georgia, submitted the following repo:r:t:

THuRsDAY, AuousT 4, 1910.

739

Mr. President:
The Committee on the University of Georgia has had under consideration the following House bill, and I am instructed to report the same to the Senate with the recommendation that the same do pass, to-wit:
A bill to make the President of the Board of Trustees <rf the State College of Agriculture, ex-officio a member of the Board of Trustees of the University of Georgia.
Respectfully submitted,
C. 0. STEVENS, Chairman.

Mr. Rutherford, Vice-Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:
The Committee on Engrossing has examined and . found properly engrossed and ready for transmission to the House of Representatives, th~ following bills of the Senate, to-wit:
A bill to prohibit the shooting at any occupied house with any gun or pistol.
A bill to authorize the Commissioners of Commons of the city of Columbus to convey to the city of Columbus the title to certain common land.

740

JoURNAL OF THE SENATE.

A bill to provide for regulation of inspection of grain and hay.
A bill to change the time of holding the Superior Court of Dawson county.
A bill to amend an Act incorporating the city of Hartwell.
Respectfully submitted,
8; RuTHERFORD, Vice-Chairman.

Mr. Griffith, Vice-Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President:
The Committee on General Judiciary has had under consideration the following House bills which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to fix the salary of the Treasurer of Coffee county.
A bill to amend an Act to fix the term of office of the Commissioner of Pensions.
The Committee has also had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass as amended, to-wit:

THuRsDAY, AuousT 4, 1910.

741

A bill to establish the City Court of Ellijay in the county of Gilmer.
The Committee has also had under consideration the following Senate bills which I am instructed to report back to the Senate with the recommendation that the same do not pass, to~wit:
A bill to amend an Act approved Aug. 7, 1903, to make it unlawful for landlord, tenant or cropper to abandon their contract for any agricultural lands.
A bill to detach Bullock county from the Middle and add to the Atlantic Judicial Circuit.
Respectfully submitted,
K S. GRIFFITH, Vice-Chairman.

Mr. Irwin, Chairman of the Committee oli Corporations, submitted the following report:

Mr. President :
The Committee on Corporations has had under consideration the following House bills which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend an Act to revise and consolidate the several Acts granting corporate authority to the city of Americus.

742

JOURNAL OF THE SENATE.

A bill to amend an Act creating a new charter for the city of Marietta.
A bill to authorize the Mayor and Council of Marietta to order an election upon the issuance of bonds.
A bill to create a new charter for the town of Baconton.
Respectfully submitted,
J No. R. IRWIN, Chairman.

Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

Mr. 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 Acts, to-wit:
An Act to amend an Act to establish the City Court of Washington in and for the county of Wilkes.
An Act to make the President of the Board of Trustees of the State. Normal School ex-officio a member of the Board of Trustees of the University of Georgia.

THURSDAY, AuousT 4, 1910.

743

An Act to incorporate the town of Alston in the county of Montgomery.
An Act to amend the charter of the town of Shady Dale in the county of Jasper.
An Act to authorize the Chairman of the Board of Trustees of the University of Georgia to designate and appoint not exceeding three members from said Board upon each of the branch colleges.
Respectfully submitted,
F. 'E. CoNLEY, Chairman.

Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

Mr. President :
The Committee on Enrollment report as being duly signed by the President of the Senate and Speaker of the House of Representatives, and transmitted to the Governor the following Act~, to-wit:
An Act to amend an Act to establish the City Court of Wa:shington .in and for the county of Wilkes.
An Act to make the President of the Board of Trustees of the State Normal School ex-officio a member of the Board of Trustees of the University of Georgia.

744

JOURNAL OF THE SEN ATE.

An Act to incorporate the town of Alston in the county of Montgomery.
An Act to amend the charter of the town of Shady Dale in the county of Jasper.
An Act to authorize the Chairman of the Board of Trustees of the University of Georgia to designate and appoint not exceeding three members from said Board upon each of the branch colleges.
Respectfully submitted,
F. E. CoNLEY, Chairman.

The following Senate bills were read 2nd time:
By Mr. Stevens-
A bill to require the authorities in charge of county affairs in counties having a city of 10,000 inhabitants to pay certain criminal costs to Solicitor.
This bill was recommitted to Special Judiciary Committee.
By Mr. Slater-
A bill to amend Article 7, Section 3, Paragraph 1 of the Constitution.

THURSDAY, AuausT 4, 1910.

745

By Mr. Morris-
A bill to require parents or guardians to send children of certain ages to school for certain period of term.
Mr. Callaway, Chairman of Committee on Counties and County Matters, submits the following report:

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and instruct me, as their Chairman, to report the same back to the Senate with the recommendation that they do pass.
A bill to be entitled an Act to incorporate the town of Kirkwood in DeKalb county, Georgia, and to establish and create a new charter, and for other purposes.
A bill to be entitled an Act to create a new charter for the city of Dublin, to define its powers, and for other purposes.
A bill to be entitled arr Act to provide for fixing a salary for the County Treasurer of Heard county, and for other purposes.
A bill to be entitled an Act to amend an Act e~S-

746

JoURNAL OF THE SENATE.

tablished an Act to prescribe the duties and powers of the Commissioner of Roads and Revenues for Ben Hill county.
Recommend do not pass a bill to be entitled an Act to abolish the City Court of Leesburg in Lee county, and for other purposes.
CALLAWAY, Chairman.

Mr. MeWilliams, Chairman of Committee on Education, submits the following report:

llfr. Presid!ent:
Your Committee on Education has had under consideration the following reports and instruct me as their Chairman to report the same back to the Senate with the recommendation that they do pass:
A bill to be entitled an Act to encourage education by requiring parents and guardians and others standing in parental relation to send children of a certain age to school, and for other purposes.
A bill to be entitled an Act to amend an Act approved August 16th, 1909, providing for the election of County School Commissioners by the people, and for other purposes.
A bill to be entitled an Act to amend an Act to

THURSDAY, AuausT 4, 1910.

747

provide for the creation and operation of local taxing school districts, and for other purposes.
McWILLIAMs1 Chairman.
Mr. Callaway, Chairman of Committee on Counties and County Matters, submits the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills and instruct me, as the"ir Chairman, to report the same back to the Senate with the recommendation that they do pass.
A bill to be entitled an Act to authorize county Commissioners in counties containing a city with a population of not less than 54,000 nor more than 75,000 inhabitants to adopt regulation permitting tax payers to pay county taxes quarterly or semiannually, and for other purposes.
A bill to be entitled an Act to amend the general county act so far as it applies to the County Court of Charlton by denying the right to defendant in misdemeanor cases in the County Court of Charlton, and for other purposes.
Respedfully submitted,
CALLAWAY, Chairman.

748

JOURNAL OF THE SENATE.

The following House bills were read 2nd time:

By Mr. Burch-
A bill to create a new charter for the city of Dub1 lin.

By Mr. JonesA bill to create and establish a charter for the
town of Baconton.
By Messrs. Alexander and Fields-
A bill to incorporate the town of East End.
. By Mr. Wasden___. A bill to amend the general county court Act so far as the same relates to the county of Charlton.
By Mr. UpshawA bill to amend the Act to provide for the crea-
tion and operation of local tax district schools.

By Mr. CarswellA bill to incorporate the town of Mcintire.
By Mr. HardemanA bill to make the President of the Board of Trus-
tees of the State College of Agriculture ex-officio

THuRSDAY, AuousT 4, 1910.

749

member of the Board of Trustees of the University of Georgia.

By Mr. Huie-
A bill to amend the charter of the town of River Dale.

By Messrs. Brown and McElreath-
A bill to amend the Act establishing the city of Atlanta.

By Mr. Hatfield-
A bill to amend the Act creating a new charter fo"r the town of Willacoochee.

By Mr. Fullbright-
A bill to amend the charter of the city of Waynesboro.

By Messrs. Anderson, Lawrence and McCarthy-
A bill to authorize the County Commissioners of counties having cities in them of not less than 54,000 nor more than 75,000 inhabitants to adopt regulations permitting tax payers to pay county taxes .quarterly and semi-annua1ly.

I

750

JoURNAL OF THE SENATE
.,

ByMr. McCutchen-

A bill to provide for fixing the salary of Treasurer of Heard county.

By Messrs. McElreath, Alexander and Brown-
A bill to amend the Act providing the election of County School Commissioner by the people.

By Mrl Reid-
A bill to amend the Act incorporating the town of Oglethorpe.
The following House bills were read 1st time:

By Mr. Alexander-

. A bill to provide a new charter of the town of East Lake in DeKalb county.
Referred to Committee on Corporations.
By Mr. Middlebrooks-
A bill to make binding any written contract executed by minor for a loan for educational purposes.
Referred to Committee on General Judiciary.

THURSDAY, AuGUST 4, 1910.

751

By Mr. Hall-
A bill to provide for successiOn of Governor of this State.
Referred to Committee on General Judiciary.

By Mr. Moss-
A bill to amend the Act regulating the time that railroad charters become dormant and providing how forfeitures may be prevented.
Referred to Committee on Railroads.

By Mr. McMichael-
A bill to provide for municipal elections to determine the question of local taxation for public schools.
Referred to Committee on Education.

By Mr. Henderson~

A bill to create a Board of County Commissioners for Irwin county.
Referred to Committee on Counties and County Matters.

752

JouRNAL oF THE SENATE.

By Mr. Reid-
A bill to consolidate and supersede the several Acts incorporating Marshallville.
Referred to Committee on Corporations.

By Messrs. McCarthy, Anderson and Lawrence-
A bill to authorize county physicians in counties having within them cities with populations of 54,000 and not more than 85,000 inhabitants to employ a nurse for county jail hospital at a salary not to exceed $35.00 per month.
Referred to Committee on Hygiene and Sanitation.

By Mr. Fender-
To require the Commissioner of Roads and Revenues of Lowndes county to work the public roads and thoroughfares in incorporated limits of municipalities of said counties.
Referred to Committee on Counties and County Matters.

By Mr. DrawdyA bill to amend Section 5261 of Volume 2 of Code. Referred to Committee on General Judiciary.

THuRsDAY, AuausT 4, 1910.

753

By Mr. Chandler---' A hili to amend Section 188 of the Penal Code. Referred to Committee on Special Judiciary.

By Mr. Alexander-
A bill to regulate the employment of minors in any messenger service, and for other purposes.
Referred to Committee on General Judiciary.

By Mr. Brown, of Murray-

A bill to fix the salary of the County Treasurer of

Murray county.



Referred to Committee on Counties and County Matters.

By Mr. Huie-
A bill to repeal an Act creating City Court of
]~ayetteville.
Referred to Committee on Special Judiciary.
By Mr. Armistead~
A bill to amend the Act amending the charter of the city of Lexington.
Referred to Committee on Corporations.

754

JouRNAL oF THE SENATE.

By Mr. Hardeman-
A bill to amend the Act establishing system of public schools for the town of Louisville.
Referred to Committee on Education.

By Mr. Hardeman-
A bill to amend the school system of Louisville in Jefferson county.
Referred to Committee on Corporations.

By Messrs. Simpson and Carswell-
A bill to amend the Act incorporating the town of Norcross.
Referred to Committee on Corporations.

By Messrs. Simpson and Carswell-
A bill to authorize the county of Gwinnett to is~ sue bonds to build and construct public roads.
Referred to Committee on Counties and County Matters.

By Messrs. Barksdale and Booker-
A bill to create a. new Judicial Circuit and to pr.ovide for Judge and Solicitor.
Referred to Committee on General Judiciary.

THURSDAY, AuGUST 4, 1910.

755

The following Senate resolution was read 2d time vnd recommitted to Committee on General Judiciary.

By Mr. Mathews-
A resolution to create a commission to consider the matter of an exchange of the Governor's :Manswn.
The following House bills were read 3rd time and put upon their passage:

By Messrs. Fields and Alexander,-
A bill to reincorporate the town of Kirkwood and to create a new charter f~r same.
Report of Com111ittee was agreed to as amended.
Upon the passage of the ,hill the ayes were 27, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended.

And the amendments are as follows:
Amend Section 24 by adding after the words ''as the mayor and council may prescribe by ordinance" the words ''not to exceed $25.00 for any one calling."

756

JOURNAL OF THE SENATE.

Amend by inserting in Section 35 the word "reasonable" before the word "location" in the sentence in said Section, which is as follows: "Also to compel any telegraph and telephone and electric light or power company having previously erected poles and wires in said town to remove same to any location designated by the mayor and council." Amend Section 54 by striking the same words ''and then only when absolutely necessary for the public service or safety.''

By Mr. Kidd-
A bill to abolish the City Court of Newton in Baker county.
Report of Committee was agreed to as amended.
Upon the passage of the bill the ayes were 24, nays, 0.
'The bill having received the requisite Constitutional majority was passed as amended and the amendment is as follows:
Amend by striking the two words, to-wit: "Nov., 1910,'' in line 4 of Section 1 of said bill and inserting in lieu thereof the words ''Jan., 1911.''
Amend by adding at the end of Section 2 the following: ''The provisions of this Act shall beoome of full force and effect only when ratified by a rna-

THURSDAY, AuousT 4, 1910.

757

jority of the votes cast by the qualified voters of Baker county at an election to be held for the purpose of submitting the provisions of this Act to the qualified voters of Baker county for their approval which said election shall be held on the same date as the general election of State officers of Georgia is held and those who wish to cast ballots for the provisions of this bill shall do so by casting ballots having written or printed on them the words, 'Against the City Court of Newton,' and those who wish to cast their ballots in favor of the City Court of Newton and against the provisions of this bill shall do so, casting ballots having written or printed on them the words,' For the City Court of Newton.' "

By Mr. Atkinson-
A bill to amend the new charter of the city of Madison.
Report of Committee was agreed to as amended.
Upon the passage of the bi11 the ayes were 24, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended and the amendment is as follows:
Amend Section 15 by striking the words ''five hundred" and inserting in lieu thereof the words "three hundred and fifty."

758

JOURNAL OF THE SENATE.

By Mr. Barrett-
A bill to amend the charter of the town of Aval en.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 24, nays, 0.
The bill having received the requisite Constitutiom\1 majority was passed by substitute.

By Mr. Hall-
A bill to authorize the Oounty Board of Commissioners of Bibb county to issue and sell bonds for certain purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 24, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Meadows-
A bill to require all county officers in Telfair county who are required to give county bonds to give said bonds in Surety Companies.
Report of the Committee was agreed to.

THuRSDAY, AuousT 4, 1910.

759

Upon the passage of the bill the ayes were 23, nays, 0.
The _bill having received the requisite Constitutional majority was passed.
The hour of adjournment having arrived the Senate stood adjourned until tomorrow morning at 10 o'clock.

760

\
JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
FRIDAY, August 5, 1910.
'l'he Senate met pursuant to adjournment at 10 o'clock was called to order by the President.
Prayer was offered by the Chaplain. Upon the call of the roll the following members answered to their names :

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Day GNdy Griffith Harrell

Irwin Johnson .Tackson Kemp King Longley Mays Morris :Mathews McLean McDowell McCurry McWilliams McCollum McClure

Mr. Harben was absent.

Patterson Price Pitts Rutherford Rudici! Slater Sellers Stevens Thompson Ward Womble Wood Mr. President

Notice was given that at the proper time a motion would be made to reconsider the action of the Senate
in defeating Senate Bill No. 182 on yesterday.

FRIDAY, AuausT 5, 1910.

761

The Journal of yesterday was read and approved.

The following is the report of the Committee on Rules:

Mr. President:
The Committee on Rules submits the following resolutions:
1. ReJsolved, That a motion to table any bill or resolution shall be debatable for ten minutes, onehalf of said time to be accorded each side.
2. Resolved, That no Senator shall debate any question for longer than ten minutes unless otherwise ordered by the Senate.
3. Resolved!, That no Senator shall be allowed longer than three minutes to explain his vote unless otherwise ordered by the Senate.
4. Resolved, That for the remainder of the session of the Senate the hours of convening shall be from 9 :30 a. m. to 1 :30 p. m.
5. As a special order for this day we recommend:
1st. Senate Bill No. 287. 2nd. House Bill No. 52.
Respectfully submitted,
BuRWELL, Acting Chairman.

762

JouRNAL m' THE SENATE.

The following amendment was offered.
Amend the report of the Committee on Rules by setting Senate Bill No. 241 for a special and cqntinuing order, immediately.
On the adoption of this amendment the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Blackwell Callaway of lOth Callaway of 29th Calhoun Collum Day Gordy

Ol"iffith Irwin King Longley 1\fathews l\lcLean McDowell McCurry }.icWilliams

McCollum Patterson Price Pitts Rudicil Slater .Sellers W;ard Womble

Those voting in the negative were Messrs.:

Burwell Burch Cates Conley

Harrell Johnson .Tackson Kemp

:McClure Rutherford Thompson Wood

Those not voting were Messrs. :

Harben :Mays

Morris St.evens

Mr. President

Ayes, 27; Nays, 12.

This amendment was adopted.

FRIDAY, AuGUST 5, 1910.

763

On the adoption of the resolution offered by Mr. Day the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Blackwell Callaway of lOth Callaway of 29th Calhoun Collum Day Gordy

Griffith Irwin King Longley Mathews McLean McCurry McWilliams McCollum

Patterson Price Pitts Rudicil Slater Sellers Ward Womble

Those voting in the negative were Messrs.:

Burwell Burch Cates Conley

Harrell Johnson .Jackson Kemp

Rutherford Thompson Wood

Those not voting were Messrs. :

Harben Mays Morris

McDowell McClure

Stevens Mr. President

Ayes, 26; Nays, 11.

The resolution was adopted.

The following amendment was offered to the Committee on Rules:

764

JouRNAL oF THE SENATE.

Mr. Womble, of the 25th district, offered to amend said resolution by adding Senate bill No. 237 for a eontinuing order under said resolution.

On the adoption of this amendment the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Burch Calhoun Cates Day

Harrell .Tolmson King Longley

Patterson Rudicil Womble

'l'hose voting in the negative were Messrs.:

Akin Bowen Burwell :Slackwell Callaway of lOth Callaway of 29th Collum Conley Gordy

Griffith Irwin Jackson Kemp Mathews McLean McDowell McCurry McWiHiams

McCollum McClure Price Pitts Rutherford Thompson Ward Wood

Those not voting were Messrs. :

Harben Mays Morris

Slater Sellers Stevens

Ayes, 11 ; Nays 26.

Mr. President

The amendment was lost.

The following speeial order was taken up, read 3d time and put upon its passage:

FRIDAY, AuGUST 5, 1910.

765

By Mr.. Slater-

A bill to amend the Constitution, Article 7, Section 3, Paragraph 1, so as to authorize the Gover- nor to borrow $500,000.
~eport of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

.Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of 29th Calhoun Cates Collum Conley Day Gordy

Griffith Irwin Kemp King Longley :Morris Mathews :McLean McDowell McWilliams McCollum Mc,Clure

Patterson Price Pitts Hudicil Slater Sellers Stevens Thompson Ward Wood

Those voting in the negative were Messrs.:

Harrell Jackson

Rutherford

Womble

Those not voting were Messrs. :

Callaway of lOth Harben

Johnson Mays

McCurry Mr. President

Ayes, 33; Nays, 4.

766

JOURNAL OF THE SE~ATE.

The bill having received the requisite two-thirds majority was passed and the bill is as follows:
A BILL
To be entitled an Act to amend Article 7, Section 3, Paragraph 1, line 6 of the Constitution of the State of Georgia, so as to strike the word ''two'' after the word "aggregate" in line 6, and to substitute the word "five" for the word "two" in said Article, Section and Paragraph of the Constitution of the State of Georgia.
SEc. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enac~ed by the authority of the same, that from and after the passage of this Act, and its ratification by the people of Georgia as now provided by law; that Article 7, Section 3, Paragraph 1, line 6 of the Constitution of the State of Georgia, shall be amended by striking the word "two" in line 6 and substituting the word ''five'' for the word ''two.''
SEc. 2. Be it further .enacted by the authority aforesaid, That Article 7, Section 3, Pa~agraph 1, when amended as aforesaid shall read as follows: "No debt shall be contracted by or on behalf of the State, except to supply casual deficiencies of revenue, to repel invasion, suppress insurrection, and defend the State in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five hundred thousand dollars.

FRIDAY, AuousT 5, 1910.

767

SEc. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

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

Mr. President:

The House has concurred in the Senate amendment to the following bill of the House; to-wit:
A bill to provide for payment of costs in criminal cases in certain counties.
The House has pa,ssed by the requisite Constitutional majority the fo1lowing bill of the Senate, towit:
A bill to amend Act incorporating town of Soperton.
The House has adopted the following resolution of the Senate, to-wit:
A resolution in reference to the preservation of the engines ''Texas'' and the ''General.''
The House has passed by the requisite Constitutional majority the following bill of the House:
A bill to amend Section 4646, Volume 2, Code of 1895, relative to answers to writs of certiorari.

768

JoURNAL OF THE SENATE.

A bill to require executions to be recorded in the county where the land lies.
A bill to provide in what cases counties shall be chargeable with expense of arrests.
A bill to amend Act to establish City Court of Sylvester.
A bill to amend Act .creating Board of Comity Commissioners of Macon county.
A bill to amend charter of town of Decatur.
A bill to amend Act creating Publi~ Schools of Marietta.
A bill. to fix salary of Treasurer of Harris county.
A bill to amend charter of town of Buford.
A bill to provide a salary for Treasurer of Haralson county.
A bill for the protection of persons furnishing materials and labor for the construction of public works.
A bill to amend charter of city of Macon.
A bill to incorporate town of Dearing.
A bill to amend Act to establish City Court of Sylvester.

FRIDAY, AuGUST 5, 1910.

769

A bill to pr<?vide service by publication in divorce cases where defendant can not be found and is a known fugitive from justice.

The following special order was taken up, read 3rd time and put upon its passage:

By Messrs. Fullbright and White-
A bill to prohibit pistol carrying except under certain conditions and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended and the amendment is as follows:
Amend Section 1 by inserting in line 12 of said Section between the word "place" and the word ''provided'' the words ''of business.''
The following. minority report was offered and read:

770

JOURNAL OF THE SENATE.

MINORITY REPORT FILED TO SENATE BILL NO. 241.
Whereas the General Judiciary Committee has seen fit to recommend that Senate Bill No. 241 do pass, and
Whereas. from the proofs submitted before the said Commiftee there were more than a majority of the legal registered voters of the county of Gilmore against the passage of said bill, and
Whereas there was further proof that there was no necessity for the establishment of a City Court in said county for the reason that for the last ten years the Superior Court of said county had not held court for more than 8 days during any on~ of said years, and
Whereas there was further proof that the population of said county was less than 10,000, and
Whereas there is not a city court in any county in the Blue Ridge Circuit, though there is a county in said circuit of more than 30,000, and
Whereas last but not least the proofs submitted show that it is a fight between a political faction, which this Senate should not be called on to settle, and
Whereas a similar bill has been voted on in the House and any further efforts on the part of its ad-

FRIDAY, AuousT 5, 1910.

771

vocates is a useless consumption of time and we the following members of the Committee on General Judiciary earnestly protest against its passage.
Respectfully submitted,
HowARD THoMPSON,
J. B. JACKSON, S. RuTHERFORD, R. S. BuRcH, G. Y. HARRELL,
w. H. BURWELL.

The following special order was .taken up, read . 3rd time and put upon its passage:

By Mr. Day-
A bill to establish the City Court of Ellijay in Gilmer county.
The following amendment was offered:
Amendment By McWilliams- That said City Court of Gilmer county becomes operative when ratified by a majority of the qu~lified voters of Gilmer county. Lost.
On the adoption of this amendment the ayes and nays were ordered and the vote .is as follows:

772

JOURNAL OF THE SENAi'E.

Those voting in the affirmative were Messrs.:

Burwell Burch Gallaway of lOth Cates

Conley Harrell _ Jackson McWilliams

McCluro :Rutherford ThompsonWood

Those voting in the negative were Messrs.:

Akin Bowen Blackwell Callaway of 29th Calhoun Collum Day Gordy Griffith

Irwin King Longley Morris Mathews McLean McCurry McCollum Plttterson

Price

Pitts

H.udicil

Slater

Sellers

Ward

,

Womble

Those not voting were Messrs. :

liarben Johnson Kemp

l\fays :M:cDowdl

8tevens Mr. President

Ayes 12; Nays, 25.

The amendment was lost.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwe11 Callaway of lOth

Callaway of 29th Calhoun Cates Collum Day

Gord~
Griffith I:rwin Kemp King

FRIDAY, AUGUST 5, 1910.

773

Longley Morris 1\-lathews McLean McDowell McCurry

McCollum McClurl) Patterson Price Pitts Uudicil

Slater
~ellers
Ward Womble

Those voting in the negative were Messrs.:

Burch Jackson

:McWilliams Untherford

Thompson Wood

Those not voting were Messrs. :

Conley Harrell Harben

.JGbnson Mays

Stevens Mr. President

Ayes, 31; Nays, 6.

The bill having received the requisite Constitutional majority was passed .as amended and the amendment is as follows:

Amend by striking from said Section 27 the fol-
lowing words "Not more than two-thirds of" and insert in lieu the word ''the.''

Amend by striking Section 3 and renumbering the remaining Sections.

Amend Section 1 by inserting a_fter the word ''nature'' in the 8th line of said Section and before the word ''except'' the words ''provided the principal sum claimed does not exceed one thousand dollars.''

774.

JOURNAL OF THE SENATE.

By unanimous consent the following bill of the House was read 3rd time and put upon its passage:

By Mr. Moss~
A bill to amend an Act creating a new charter of the city of Marietta, and for Qther purposes.
Report of Committee was agreed to as amended.
Upon the passage of the bill the ayes were 27, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended and the amendment is as follows: Amend by striking the word ''reason'' in line 37 of the engrossed bill and inserting in lieu thereof the words ''Public purposes.''
The following message was received from the House through Mr. Boifeuil1et, the Clerk thereof:

Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the House, towit:
A bill to amend Section 813, Code of 1895, relative to jury revisers.

FRIDAY, AuGusT 5, 1910.

775

A bill to amend charter of city of LaFayette.
A bill to authorize town of Comer to hold bond
election for waterworks.
A bill to incorporate town of Ranger.
A bill to revise school laws of Georgia.

lJfr. President:
The Committee on Railroads has had under consideration House Bill No. 940 entitled "An Act to amend an Act regulating the time that railroad charters become dormant and providing how forfeiting may be prevented, and for other purposes.'' Your Committee has instructed me, as its Chairman, to report back said bill with recommendation that same do pass.
F. M. LoNGLEY, 37th district, Chairman.

Mr. Griffith, Vice-Chairman of the General J udici-
ary. Committee, submits the following report: .
lJfr. President : .
The General Judiciary Committee has had under consideration the following bill of the House which ii instructs me to report back to the Senate with the recommendation that the same do pass as amended:

776

JOURNAL OF THE SENATE.

A bill to provide for succession of Governor of this State.
Respectfully submitted,
E. S. GRIFFITH, Vice-Chairman.

Mr. Irwin, Chairman of the Committee on Corporations, suhniitted the following J:eport:

Mr. President :

The. Committee on Corporations has had under
consideration the following House Bills, which I am I
i~structed to report back to the Senate with the
recommendation that the same do pass, to-wit:

A bill to consolidate the several Acts incorporating the town of Marshallville.

A bill to amend an Act to establish a Public School system for the town of Louisville.
A bill to amend an Act in~orporating _the town of Norcross.

A bill to amend the charter of the city of Lexirig-

ton.



'

in A bill to provide a new charter for the town of
E~st Lake; the county of DeKalb:

..

Respectfully submitted,

J NO. R. IRwiN, Chairman.

FRIDAY, AUGUST 5, 1910.

777

Mr. Griffith, Vice-Chairman of the Committee on General Judiciary, submitted the following report:

Mr.- Presirletllt:
The Committee on General Judiciary has had under consideration the following bills and resolutions of the Senate and I am instructed to report the same back to the Senate with the recommendation that they do pass, viz:
A resolution creating a Commission to consider the matter of the exchange of the Governor's Man~
SlOn.
Also,
A bill to change Section 5403 of the Code.
Also,
A bill to create a State Guarantee Fund for the protection of bank depositors.
Also,
A bill to make it unlawful to sell "near beer."
Also the . following bill of the Senate with the recommendation that it do pass as amended:
A bill to provide for the-regulation of all railroads doing business in this State.

778

.JOURNAL OF THE SENATE.

Also the following bill of the House with the recommendation that it do pass:
A bill to create a new Judicial Circuit and provide for a Judge and Solicitor-General thereof.
Also the following bills of the Senate which they recommend do not pass.
A bill to allow Railroads to carry Confederate soldiers at reduced rates.
...
A resolution to provide for the calling on the United States government to take steps for a Constitutional Convention.
A bill to provide a Board of Equalization of taxes.
A bill to ame.nd the Tax Act of 1909.
A bill to require better sanitary. conditions m hotels.
A bill to protect purch\lsers from legatees.
A bill to prescribe the manner of holding legal executions.
A bill to allow Sheriffs to retake property under certain circumstances.
A bill to require the net weight of oysters branded on the cans.

FRIDAY, AuGusT 5, 1910.

779

A bill to prohibit the exhibition of prize fights by moving pictures.

A bill to make it penal to have a pistol without a . license.

A bill to regulate transmission of interrogatories..

A bill to amend Section 1006 of the Penal Code.

A bill to amend Section 5404, of the Code.

A bill to amend the law of habeas corpus.

A bill to prescribe a rule of evidence in cases of illegal sales of liquor.

A bill to amend Paragraph 2, Section 3, Article 6, of the Constitution.

A bill to repeal Paragraph 52, of Section 2, of the General Tax Act of 1909.

A bill to amend the Act regulating aqmissions to
the bar.

A bill to provide a depository for county funds.

A bill to provide a uniform law for warehouse re-

ceipts.



A bill to amend Section 5393 of the Code.

780

JOURNAL OF THE SENATE.

Also,
The following bills of the House, which they r.ecommend do not pass.
A bill to amend Section 5261 of the Code as to witness fees.
A bill to make binding a contract of a minor for a loan for educational purposes.
A bill to amend the Act providing for an Ordinary pro hac vice.
Respectfully submitted,
E. S.GRIFFITH, Vice-Chairman.

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

Mr. President:
The Committee on Corporations has had under consideration the following House Bill, whi~h I am instructed to report back to the Senate with the recommendation that the same do pass as amended, t0-wit:
A bill to create a new charter for the city of
Albany.
Respectfully submitted,
JOHN R. .IRwrN, Chairman.
'1

FRIDAY, AuousT 5, 1910.

781

Mr. Rudicil, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President:
The Committee on Hygiene and Sanitation has had under consideration the following House Bill, which I am instructed to report back to the Senate with t:he recommeBdation that the same do pass, to-
wit:
A bill authorizing the County Physician of counties of not less than 54,000 nor more than 85,000 population to empl9y a nurse for county jail hospital, at a salary not exceeding $35.00 per month.
Respectfully submitted,
R. Y. RuDICIL, Chairman.

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

Mr. President:
The Committee on Engrossing has examined and found properly engrossed and ready for transmis8ion to the House the following bills of the Senate, to-wit:

782

JOURNAL OF THE SEN ATE.

A bill to provide for two weeks session of the Superior Court of Emanuel County.
A bill to provide for liability of husband for torts of wife.
A bill to provide for fish-ways over dams and for erection and maintenance of the same.
.A bill to require the several Boards of Health to enforce the standard transit permits adopted bY, the_ Georgia State Board of Embalming.
A bill to make it unlawful for any per8on or corporation to publish the name of any woman upon whom the crime of rape has been committed.
A bill to make the wife a competent witness in all
prosecutions for the crime of seduction.
A bill to authorize the State Board of Entomology to employ necessary assistants, a~d to fix the salary . of State Enlomologist and assistants.
A bill to amend an Act to establish a State Board of Embalmers.
A bill to provide for the dissolution of corporations, etc.
Respectfully submitted,
L. F. PATTERSON, Chairman.

FRIDAY, AUGUST 5, 1910.

783

Mr. Womble, Chairman of the Special Judiciary Committee, submitted the following report:
Mr. Presidoot :
The Special Judiciary Committee has had under consideration the following Senate Bills, which they instructed me to report the saine back to the Senate, they do pass.
A bill (No. 270)-An Act to authorize and empower the Board of School Commissioners of Fort Valley to sell certain property in said city.
A bill (No. 276)-An Act to require the authorities in charge county affairs in counties having a city of 10,000 population to pay certain criminal cost to Solicitors and other officers of Supe!ior and City Courts, and for other purposes.
The Committee have had under consideration the following Senate Bill which they instructed ,me to report the same back to the Senate with a recommendation that it do not pass:
A bill (No. 281)-An Act providing for holding four terms of the Superior Court of Muscogee County in each year.
The Committee have had under consideration the following House Bills, which they instructed me to report the same back to the Senate with a recommendation they do pass:

784

JOURNAL OF THE SENATE.

A bill (No. 918}-An Act to abolish the City Court of F'ayetteville, in the county of Fayette;
A bill (No. 976}-An ~ct to establish the City Court of Barnesville, in Pike County.
A bill (No. 1020)-An Act to amend an Act to create a City Court, in and for the county of Calhoun, -so as to fix the Judges salary, and for other purposes.
Respectfully submitted,
w. D. WoMBLE, Chairman.

Mr McLean, Chairman of the Committee on State Sanitarium, submitted the following report:

Mr. President:
The Committee on State Sanitarium has had under consideration the following House Bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to authorize the Board of Trustees of the Georgia State Sanitarium to establish a training school.i
Respectfully submitt~d,
J. L. McLEAN, Chairman.
'

FIUDAY, AuousT 5, 1910,

7~5

Mr. MeWilliams, Chairman of Committee on Education submits the following report:

Mr. President:
Your Committee on Education has had under consideration the following House Bills, and instruct me, as their Chairman, to recommend the same back to the Senate with the recommendation that they do pass:
A bill to be entitled an Act to provide for municipal elections to determine the question of local taxation for Public Schools, and for other purposes.
A bill to be ~ntitled ail Act to amerid an Act to establish a Public School system for the town of Louisville, Georgia, approved December 20th, 1893, and for other purposes.
Respectfully submitted,
McWILLIAMs, Chairman.

Mr. Callaway, Chairman of Counties and County Matters submits the following report:

Mr. President:
Your Comniittee on Counties and County Matters has had under consideration the following bill and

786

JOURNAL OF THE SENATE.

instruct me, as their Chairman, to report the same back to the Senate with the recommendation that they do pass :
A bill to be entitled an act to create a Board of County Commissioners for Irwin County.
A bill to be entitled an Act to requir.e Commis.sioners of Roads and Revenues of Lowndes to work on the public roads within the limits of the county, and for other purposes.
A bill to be entitled an Act to fix the salary of County Treasurer for the county of Murray, Georgia.
A bill to be entitled an Act to authorize the county of Gwinnett to issue bonds for the construction and
improvement of public roads in said county and for other purposes.
Respectfully submitted,
CALLAWAY, Chairmim.

:Mr. Callaway, Chairman of the Committee on rremperance, submitted the following report:

Mr. President:.
The Committee on Temperance has had under consideration the following House Bill No. 757, which I

FRIDAY, AUGUST 5, 1910.

787

am instructed to report back to the Senate with the recommendation that the same do pass:
J. P. CALLAWAY, Chairman.
Mr. Sellers moved to re-consider the action of the Senate in defeating Senate Bill No. 182 on yesterday.
The motion was lost.
Mr. Collum moved to re-commit the following bill of the House to the Committee on Counties and County Matters:

By Mr. Sheppard-

A bill to amend the Act revising and consolidating the Acts incorporating the city of Americus.

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

Those voting in U1e affirmative were Messrs.:

Akin Burwell Blackwell Callaway of 29th Calhoun Collum Gordy Griffith

I; win .Johnson Kemp King Longley Mathews McLean McDowell

McCurry McCollum McClure Patterson Sellers Ward Womble
Wood

788

JOURNAL OF THE SENATE.

Those voting in the negative were Messrs.:

Callaway of lOth Cates

Harrell Jackson

McWilliams Stevens

Those not voting were Messrs. :

Bowen Burch ('(lnley Day liarben

Mays Morris Price Pitts Rutherford

Rudicil Slater Thompson Mr. President

Aye~, 24; nays 6.

The bill was re-committed.

Mr. McCurry moved that the Senate adjourn. On this motion the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Burwell Calhoun Collum Harrell

hwin .Tohnson
~LcDowell
McCurry

McCollum McClure Price

Those voting in the negative were Messrs.:

Akin Blackweli Callaway of 29th Cates Gordy Griffith .Jackson

Kemp King Longley Mathews McLean McWilliams l';ltterson

RudicH Sellers Stevens" Ward Womble Wood

FRIDAY, AuGusT; ~' 1910.

789

Those not voting were Messrs. :

Bowen

Burch

Callaway of lOth

Conley



Day

Harben Mays . Morris Pitts Rutherford

Ayes, 10; nays, 20.

Slater Thompson Mr. President

The motion was lost.

The following House Bills were read the first time:

By Mr. Alexander-

A bill for the protection of persons furnishing materials and labor for the construction of public works.
Referred to Committee on General Judiciary.

By Mr. Martin-

A bill to provide service by publication in divorce cases.
Referred to Committee on General Judiciary.

By Mr. Calbeck-
A bill to incorporate the town of Ranger, m the coun_ty of Gordon.
Referred to Committee on Corporations.

790

JOURNAL OF THE SENATE.

By Mr. Williams-
A bill to authorize the Council of the town of
Comer to hold an election for bonds.
Referred to Committee on Corporations.

By Mr. AultA bill to amend Section 813, Code of 1895. Referred to Committee on General Judiciary.

By Mr. Rosser-
A bill to amend the charter of the city of LaFayette.
Referred to Committee on Corporations.

By Mr. PersonsA bill to revise the school laws. Referred to Committee on Education.

By Mr. Hall~ A bill to amend the charter of the city of Macon. R~ferred to Committee on General Judiciary~

FRIDAY, AUGUST 5, 1910.

791

By Mr. Ford-
A bill to establish the City Court of Sylvester. Referred to Committee on Special Judiciary.
By Mr. Ford-
A bill to repeal ail Act to amend the charter of the City Court of Sylvester.
Referred to Committee on Special Judiciary.
By Mr. Reid-
A bill to amend an Act creating Board of County Commissioners of Macon County.
Referred to Committee on Counties and County Matters.
By Mr. ReevesA bill to incorporate the town of Dearing, in Mc-
Duffie County.
Referred to Committee on Counties and County Matters.
By Mr. EllisonA bill to provide for fixing salary of County
Treasurer of Harris County.

792

JOURNAL OF THE SENATE.

Referred to Committee on Counties and County Matters.
By Messrs. Simps~n and McConnell-
A bill to amend the ~barter of the town of Buford, Gwinnett County, Georgia.
Referred to Committee on Corporations.

By Mr. Moss-
A bill to amend an Act regulating the time that
Railroad charters become dormant.
Referred to Committee on Railroads.

By Mr. Waddell-
A bill to provide a salary for the Treasurer of Haralson County.
Referred to Committee on Counties and County Matters.

By Mr. Moss-.
A bill amending an Act creating Public School Rystem for Marietta, Cobb County.
Referred to Committee on Corporations

FRIDAY, AuousT 5, .1910.

793

By Mr. Garlington-
A bill to require executions to be recorded in the county where the land lies in order to be a lien
I
thereon.
R.eferred to Committee on General Judiciary.

By Mr. Alexander-
A bill to amend the charter of the town of Decatur, in DeKalb County.
Referred to Committee on Corporations.

By Mr. Butt-
A bill to amend Section 4646, Volume 2, of the Code of 1895.
Referred to Committee on General Judiciary.

By Mr. McCutchen-
A bill to provide in what cases counties shall be cha.rgeabl.e with the expenses of arrests made in other counties.
Referred to Committee on General Judiciary.
The following Senate Bills were read 2nd time :

794

JoURN,A.L OF THE SENATE.

By Mr. Mathews-
A bill to authorize and empower the Board of School Commissioners of Fort Valley to sell the property in said city known as Grady Institute lot.

By Mr. Ward-
A bill to make unlawful the sale of near beer in Coffee County.

By Mr. SlaterA bill to amend Section 5403 of the Code.

By Mr. Sellers-
A bill to create a system of protection to bank deposits; to establish a Bank Guarantee Fund.

By Mr. Ward-
A bill to provide for regulations of all railroads doing business in this State.
The following House Bills were read 2nd time:

By Mr. Atkinson~ A bill to establish the City Court of Madison.

FRWAY, AuausT 5, 1910.

795

By Mr. Alexander-
A bill to provide for a new charter for the city of . East Lake.
By Mr. Redding-
A bill to establish the City Court of Barnesville.
By Mr. Davis-
A bill to establish a new charter for the city of Albany.
By Mr. Huie-
A bill to repeal an Act creating City Court of Fayetteville.
By Mr. Reid-
A bill to consolidate and supersede the several Acts incorporating the town of Marshallville.
By Mr. Atkinson-
A bill to repeal the County Court Act so far as the
same relates to the county of Morgan.
By Messrs. McCarthy, Lawrence and AndersonA bill to authorize the County Physician in coun-
ties of this State having cities therein, of 54,000 and

796

JoURNAL OF THE SENATE.

not more than 85,000 inhabitants to employ a nurse for county jail hospital at a salary not to exceed $35.00 per month.
By Messrs. Simpson and McConnell-
A bill to amend the Act amending the Acts incorporating the town of Norcross.
By Mr. Hardman-
A bill to amend the Act establishing a Public School system in the town of Louisville.
By Mr. ArmisteadA bill to amend an Act amending the charter of
the city of Lexington.
By Mr. Hall-
A bill to provide for succession of- Governors, of this State.
By Messrs. Barksdale and BookerA bill to create a new Judicial Circuit and to pro-
vide for a Judge and Solicitor of said court.
By Mr. Miller.:_
A bill to ainend the Act creating the City Court of Calhoun County.

FRIDAY, AuousT 5, 1910.

797

The following Senate Bill was read 3rd time an~ put upon its passage:

By Mr. Stevens-
A bill to require the authorities in charge of county affairs in counties having a city of 10,000 population to pay certain criminal costs to officers.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 24 ; nays, 0.
The bill having received the requisite Constitutional majority was passed.
House Bill No. 900 was re-committed to the Corporations Committee.
The following House Bills were read 3rd time and put upon their passage:

By Mr. Jones-
A bill to create and establish a new charter for the town of Baconton.
Report of the Committee was agreed to.
upon the passage of the bill the ayes were 25; nays, 0.

798

JouRNAL Gi!' THE SENATE.

The bill having received the requisite Constitutional majority was passed.
By Messrs. Brown and McElreath-
A bill to amend the Act establishing a new charter for the city of Atlanta.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Messrs. Anderson, Lawrence and McCarthy-
A bill to authorize the County Commissioners of C;ounties containing a city with a population of not Jess than 54,000 nor more than 75,000 to adopt regulations permitting tax payers to pay county taxes quarterly or semi-annualJy.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; 1mys, 0.
The bill having received the requisite Constitutional majority was passed.
On motion the Senate adjourned until to-morrow morning at 10 o'clock.

SATURDAY, AuGusT 6, 1910.

799

SENATE CHAMBER, ATLANTA, GEORGIA,
SATURDAY, AuGusT 6, 1910.
The Senate met pursuant to adjournment at 9:30 o'clock; was called to order by the President.
Prayer was offered by the Chaplain. On motion the roll call was dispensed with. The Journal of yesterday was read and approved. The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
Mr. President :
The House has concurred in the Senate Amende ments to the following bills of the House, to-wit:
A bill to ab?lish City Court of Newton. A bill to re-incotporate the town of Kirkwood. A bill to amend charter of city of Madison. The House has concurred in the Senate substitute to the following bill of the House, to-wit: A bill to amend the charter of Avalon.

800

JOURNAL OF THE SENATE.

The House has passed by the requisite Constitu-
tional majority the following bills of the Senate to-
wit:
A bill to restrict the jurisdiction of the City Court of Baxley.
A bill to require Board of County Commissioners of Stewart County to pay ~osts in criminal cases to proper officials.
The House has passed by the requisite Constitutional majority the following resolutions of the !louse, to-wit:
A resolution to make an appropriation to meet deficiency in the Printing Fund.
A resolution to pay Auditor and Stenographer in investigation of Keeper of Public Buildings.
The House has passed by the requisite Constitutional majority the fo1lowing bills of the House, towit:
A hill to amend Act incorporating city of Hapeville.
A bill to provide for recording certified copies from the records of deeds in certain cases.
A bill to regulate sanitary conditions of hotels, etc.

SATURDAY, AuausT 6, 1910.

801

A bill to adopt and make of force a Code of laws prepared by Jno. L. Hopkins.
A bill to amend Act to prevent adulteration of food.
A bill to increase the efficiency of the inspection ot
fertilizers.
A bill to repeal Act to establish City Court of Cordele.
A bill to provide for holding four terms of the Superior Court of Crisp County.
A bill to require county authorities in certain counties to pay costs .in' criminal cases to proper officials.
A bill to incorporate town of Berlin.
A bill to amend Act to incorporate town of Mitchell's District.
A bill to amend the charter of Barwick.
A bill to repeal Act preventing the running at large of hogs on St. Simon's Island.
A bill to amend Act creating Board of Commissioners of Roads and Revenues for the county of Houston.

'
802

JOURNAL OF THE SENATE.

The following House Bills were read 2nd time:

By Mr. Persons-
A bill to revise the school laws so as to substitute a County Superintendent of. Schools for County Commissioners of Education.
This bill was re-committed to Education Commit-
tee, and 100 copies ordered printed for the use of the
Senate.

By Messrs. Cureton, Hullender and Tarver-
A bill to amend Section 3828 of the Code, relative to recovery for homicide.

By Messrs. Alexander and Field-
A bill for the protection of persons furnishing materials and labor for the construction of public works, and for other purposes.

By Mr. Ault-
A bill to amend Section 813 of the Code, relative to jury revision.

By Mr. Brown-
A bill to fix the salary of County Treasurer for the county of Murray.

SATURDAY, AuousT 6, 1910.

803

By Mr. Johnson-
A bill to authorize the selling or giving away ice cream, milk shakes, etc., in the town of Young Harris.

By Mr. Vinson-
A bill to authorize the Board of Trustees of the Georgia State Sanitarium to establish a training school, and for other purposes.

By Mr. HallA bill to amend the charter of the city of Macon.

By Mr. Henderson-
A bill to create a Board of County Commissioners of Irwin County.

-By Mr. Reeves-
A bill to incorporate the town of Dearing in McDuffie.

By Mr. Fender-
A bill to require the Commissioners of Roads and Revenues of Lowndes County to work the public roads and thoroughfares. within the corporate limits of the municipalities of said county.

804

JOURNAL OF THE SENATE.

By Messrs. Simpson and McConnell-
A bill to authorize the comity of Gwinnett to issue bonds for road purposes.
By Mr. Alexander~
A bill to regulate the employment of minors in any messenger service.

By Mr. Hardman-
A bill to amend the Act establishing system of Public Schools for the town of Jefferson.
By Mr. McMichael-
A bill to provide for municipal elections to determine the question of local taxation for public schools.
By Messrs. Tippins, Boyd, et al-
A bill to regulate the running of automobiles upon the highways of this State.
Mr. Patterson, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President : The Committee on Engrossing has examined and
found properly engrossed and ready for transmission to the House, the following Senate Bills, to-wit:

SATURDAY, AuousT 6, 1910.

805

A bill to amend Article 7, Section 3, Paragraph 1, of the Constitution.
A bill to establish the City Court of Ellijay.
A bill to require the authorities in charge of county affairs, having a city of 10,000 population, to pay certain criminal costs.
Respectfully submitted,
L. F. PATTERSON, Chairman.
Mr. Callaway, Chairman of Committee on Counties and County Matters, submits the following report:
lffr. President:
Your Committee on Counties and County Matters has had under consideration the following bills, and instruct me, as their Chairman, to report the same back to the Senate with the recommendation that it do pass:
A bill to be entitled an Act to amend an Act establishing an Act to prescribe the duties and powers of the Commissioners of Roads and Revenues, in and for Ben Hill County.
A bill to be entitled an Act to incorporate the town of Dearing, in McDuffie County, and for other purposes.
CALLAWAY, Chairman.

806

.TOURN AL OF THE SENATE.

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

i.lfr. PresidJent :
The Committee on General Judiciary has had under consideration the following House Bills, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill for the protection of persons furnishing material and labor for construction of public works.
A bill to amend the charter of the city of Macon.
A bill to regulate the employment of minors in any messenger service.
A bill to amend Section 813 of the Code of 1895.
The Committee has also had under consideration the following House Bill, which I am instructed to report back to the Senate with the recommendation that the same do pass as amended, to-wit:
A bill to amend Section 3828, Code of 1895, relative to recovery for homicide.
The Committee has also had under consideration the following House bills, which I am instructed to report back to the Senate with the recommendation that the same do not pass, to-wit:

SATURDAY, AuGusT 6, 1910.

807

A bill to provide service by publicatiQn in divorce case where defendant can not be found.

A bill to require executions to be recorded in the county where the land lies.

A bill to amend Section 4646, Volume 2, of the Oode of 1895.

A bill to amend Section 188 of the Penal Code.

A bill to provide in what cases counties shall be chargeable with the expense of arrests, detention and bringing back from other counties, perS<ms under arrest, etc.
Respectfully submitted,
H. A. MATHEws, Chairman.

The following House Bills were read the first

time:



By Mr. Peacock-

A bill to amend an Act incorporating the town of Mitchells District, Pulaski County.
Referred to Committee on Corporations.

808

JOURNAL OF THE SENATE.

By Mr. Walters-
A bill to incorporate the town of Berlin in Colquitt County.
Referred to Committee on Corporations.

By Mr ReeseA bill to repeal the Act preventing the running at
large of hogs on St. Simons Island. Referred to Committee on Agriculture.
By Mr. PopeA bill to amend the charter of Barwick. Referred to Committee on Corporations.

By Messrs. Rentz and Holtzclaw-
A bill to amend an Act creating Board of Commissioners of Roads and Revenues of Houston County.

Referred to Committee on Counties and County Matters.

By Mr. Sheppard-
A bill to increase the efficiency of the inspection of fertilizers and feed stuffs.
Referred to Committee on Appropriations.

SATURDAY, AuousT 6, 1910.

809

By Mr. Fields~
A bill to provide for holding four terms of the Superior Court for Crisp County.
Referred to Committee on General Judiciary.

By Mr. Brown-
A bill to regulate the sanitary conditions of hotels, lodging houses and inns.
Referred to Committee on Corporations.

By Mr. McElreath-
A bill to amend an Act creating the city of Hapeville, Ga.
Referred to Committee on Corporations.

By Mr. Hardeman-
A bill to amend the Act to prevent. the adulteration of food.
Referred to Committee on Hygiene and Sanitation.

By Mr. McMahan-
A bill to require the County Commissioners of Roads and Revenues, or Ordinaries, in all counties

810

JouRNAL oF THE SENATE.

having therein a city of not less than 10,000 or more than 12,000, to pay certain court costs.
Referred to Committee on Special Judiciary.

By Messrs. Brown, Lawrence and Jones-
A bill to adopt and make- of force the Code of Laws prepared by John L. Hopkins.
Referred to Committee on General Judiciary.

By Mr. Baker-
A bill to provide for recording of certified copies from the record of deeds in certain instances.
Referred to Committee on General Judiciary.

By Mr. Fields-
A bill to repeal an Act to establish the City Court of Cordele.
Referred to Committee on Corporations.

The following House resolutions were read for the first time:

SATURDAY, AuousT 6, 1910.

811

By Mr. Jones-
A resolution to make appropriation to meet the deficiency in the Printing Fund.
Referred to Committee on Appropriations.

By Mr. Keith-

A resolution to pay Auditor and Stenographer in matter of investigation of Keeper of Public Buildings and Grounds.

Mr. Mathews moved to take from the table the following bill of the House for the purpose of disagreeing to the favorable report from the Committee:

Mr. Burwell moved as a substitute that the bill be tabled.

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

Those voting in the affirmative were Messrs.:

Burwell Cates

I1win Johnson

Stevens Thompson

Those voting in the negative were Messrs.:

Bowen Blackwell Burch Callaway of 29th Calhoun

Gordy Griffith Harrell Klmp
K~ng

Longley Morris Mathews McLean McCurry

812

JOURNAL OF THE SENATE.

MeW illiam!! McCollum McClure P2tterson

Pitts Rudicil Slater f:lellers

Ward Womble Wood

Those not voting were Messrs. :

Akin Callaway of lOth Collum Conley

Day Harben .Jackson Mays

Ayes, 6_; nays, 26.

McDowell Price Rutherford Mr. President

The motion was lost.

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

Mr. President:
The House has concurred in the Senate Amendment to the following bill of the House, to-wit:
A bill to amend charter of Marietta, relative to eminent domain.
The House has passed by the requisite Constitutional majority the following bills of the Senate, towit:
A bill to amend Act to establish City Court of Swainsboro.
A bill to amend charter of town of Lexington.

SATURDAY, AUGUST 6, 1910.

813

A bill to authorize Commissioners of Commons of Columbus to convey title to certain land to city of Columbus.
A bill to change time of holding' Superior Court in Dawson County.

The House has passed by the requisite Constitutional majority the following bills of the House:

A bill to require all applicants for pardons to give notice by publication of all applications for same.
A bill to create a State Road Commissioner.

On the motion to disagree to the report of the Committee the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Bowen

King

Patterson

Burch

Longley

Pitts

CaHaway of lOth Morris

Rudicil

')

Callaway of 29th Mathews

Slater

Calhoun

McLean

Sellers

Gordy

McCurry

Ward

Griffith

McWilliams

Womble

Harben

McCollum

Wood

Kemp

McClure

Th~se voting in the negative were Messrs.:

Burwell Blackwell

Irwin Stevens

'fhompson

814

.
JouRNAL oF THE SENATE. ''

Those not voting were Messrs. :

Akin Cates Collum Conley

Day Harben Johnson Jackson

Mays McDowell Price Rutherford Mr. President

Ayes, 26; nays, 5.

The motion prevailed and the bill was lost.

The following House Bills were read 3rd time and put upon their passage:

By Mr. Atkinson-
A bill to establish the City Court of Madison, in and for the county of Morgan.
Report of the Committee was agreed to as amended.
Upon the passage of the bill the' ayes were 28; nays, 0.
The bill having received the requisite Constitutional majority was passed as amended, and the amendment is as follows:

By Mr. Burwell, of the 20th District-
Amend Section 44 by adding hereto the following: ''Provided, That during the present term of. the

SATURDAY, Auous'r 6, 1910.

815

Solicitor-General of the Ocmulgee Judicial Cireuit, all monies ar:ising from fines and forfeitures in said
City Coutt shall be first applied to the payment of
all costs due said Solicitor-General, and the Clerk and Sheriff of the Superior Court of Morgan County
in the particular cases transferred to said court from
the Superior Court, and one-half of the remainder of said monies shall be paid over to said Solicitor General, and by him credited upon cost bills of said . Solicitor-General of the Ocmulgee Circuit, and said Clerk and Sheriff of the Superior Court of Morgan County.
Mr. Womble, Chairman of the Special Judiciary Committee, submitted the following report, to-wit:
JIr. President :
The Special Judiciary Committee have had under eonsideration the following House 'Bills, which they instructed me to report the same back to the Senate with the recommendation they do pass:
A bill (No. 1040)-An Act to repeal an Act entitled an Act to amend an Act approved August 11, 1904, entitled an Act to establish the City Court of Sylvester, in Worth County.
A bill (No. 1041)-An Act to establish a City Court of Sylvester, the county of Worth, and for other purposes.

816

JOURNAL OF THE SENATE.

A bill (No. 1059)-An Act to require the County Commissioners of Roads and Revenues or the Ordinaries, as the case may be, in all counties having therein a city of not less than 10,000 nor more than 12,000 population.
Respectfully,
M.D. WoMBLE, Chairman.

The following Senate Bills were taken up and read 3rd time and put upon their passage:

By Mr. Sellers-

A bill to amend Paragraph 1, .Section 1, Article 7, of the Constitution,.relative to the payment of pensions to Co~federate veterans.
Report of the Committee was agreed to as amended.

Upon the passage of the bill as amended the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Bowen ' Blackwell Callaway of 29th Cates Griffith Harrell

JQhnson Mathews McLean McCurry McWilliams McCollum

Patterson Rudicil Sellers Thompson .Ward

SATURDAY, AUGUST 6, 1910.

817

Those voting in the negative were Messrs.:

Burwell Calhoun Gordy

McDowell McClure

Stevens Woo!1

Those not voting were Messrs. :

Akin Bnrch Cali.away of lOth Collum Conley Day Harben

Irwin Jackson Kemp King Longley .Mays Morris

Price Pitts Rutherford Slater Womble Mr. President

Ayes, 18; nays, 7.

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

Mr. Callaway, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Presir])ent:

The Committee on Counties and County Matters has had under consideration the following House Bill, which I am instructed to report back to the Senate with the recommendation that the same do pass as amended by Committee:

A bill to be entitled an Act to incorporate the town of East Erid, in DeKalb County.
Respectfully submitted,
CALLAWAY, Chairman.

818

JOURNAL OF THE SENATE.

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

Mr. Ptesident:
'l'he Committee on Corporations has had under consideration the following House Bills, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend the charter of the town of Decatur, in DeKalb County, Georgia.
A bill to incorporate the town of Ranger, in the county of Gordon.
A bill to authorize the Council of the town of
Comer to hold an election for bonds.
A bill to amend the charter of the city of LaFayette.
A bill to amend the charter of the city of Buford, in Gwinnett County.
A bill to amend an Act creating Public Schools for Marietta, Cobb County, Georgia.
Respectfully submitted,
J NO. R. IRWIN, Chairman.

. SATURDAY, AuGUST 6, 1910.

819

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

Mr. President:
The House has passed by the requisite Constitu~ tional majority the following resolutions of the House, to-wit:
A resolution to appoint a joint commission to receive bids on the Governor's Mansion.
The following members of the House have been appointed as Qommission on part of the House:
MESSRS. HALL, ALEXANDER, of DeKalb, DAVIS, FuLLBRIGHT, VINSON.

The House has passed by the requisite Constitu-

tional majority the following bills of the House, to-

wit:

~

A bill to regulate manner of selecting official county newspapers.

A bill to amend Section 982, Code 1895, so as to add Canton to list of State Depositories.

820

JouRNAL OF THE SENATE.

A bill to amend charter of Calhoun.

A bill to amend Act to incorporate town of Milan.

Mr. Slater, Chairman of the Committee on Finance, submitted the following report:

Mt. President:
The Committee on Finance has had under consideration the following House Bill, which I am instructed to report back to the Senate with the recommendation that the same do not pass, to-wit:
A bill to regulate the deposit by insurance companies of securities with the State Treasurer.
Respectfully submitted,
SLATER, Chairman.

Mr. Slater, Chairman of the Committee on Finance, submitted the following report:

Mr. President:
The Committee on Finance has had under considl'ration the following House Resolution, wl-iich I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:

SATURDAY, AuousT 6, 1910.

821

A resolution to refund J. C. Rogers $210 on bond of Eddie Harris.
Respectfully submitted,
SLATER, Chairman.

The following Senate Bill was read 1st time:

By Mr. Irwin~
A bill to amend the charter of the town of Parrott, so as to limit the tax rate.
Referred to Committee on Corporations.
The following Senate Bills were read 3rd time and put upon their passage:

By Mr. Mathews-
A bill to authorize and empower the Board of School Commissioners of Fort Valley to sell the property in said city known as Grady Institute lot.
Report 'of the Comm.ittee was agreed to.
Upon the passage of the bill the ayes were 26; nays, 0.
The bill having received the requisite Constitutional majority was passed.

822

JOURNAL OF THE SENATE.

By Mr. Ward-
A bill to make unlawful the sale of near beer in Coffee County.
Report .of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitu~ tional majority was passed.

By Mr. Redding-
A bill to establish the City Court of Barnesville.
Report of the Committee was.agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitu~ tiona} majority was passed.

By Mr. Huie-
A bill to repeal the Act -creating the City Court of Fayetteville.
Report of the Committee was agreed to.

SATURDAY, AuousT 6, 1910.

823

Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Moss-
A bill to authorize the Mayor and Council of the city of Marietta to hold an election to determine the question of issuing bonds for extending the sewerage system of said city.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Atkinson-
A bill to repeal an Act to create a County Court in each county of the State of Georgia, approved ,January 19, 1872, so far as the same applies to Morgan County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 26 ; nays, 0.

824

JOURNAL OF THE SENATE.

rrhe bill having received the requisite Constitutional majority was passed.
By Mr. Carswell-
A bill to incorporate the town of Mcintyre, in the county of Wilkinson.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 24; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Fullbright-
A bill to amend the charter of the city of Waynesboro.
Report of the Committee was agree? to..
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitu- . tional majority was passed.
By Mr. Wasden-
A bill to amend the General County Court Act, so far as it applies to the county Court of Charlton.
Report of the Committee was agreed to.

SATURDAY, AuGusT 6, 1910.

825

Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Hatfield-
A bill to amend the charter of the town of Willacoochee, in the County of Coffee.
Report of the Committee was agreed to.
. Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Huie-
A bill to amend the charter of the town of Riverdale.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.

826

JOURNAL OF THE SENATE.

By Mr. Miller-
A bill to amend an Act creating the County Court in and for the county of Calhoun.
Report of ,the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Barksdale and Booker-
A bill to create a new Judicial Circuit in this State, nnd to provide for a Judge and Solicitor of said court.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 24; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Brinson-
A bill to amend Section 671, of Volume 3, of the Code, relative to the wrongful sale of mortgaged property.
Report of the Committee was agreed to.

SATURDAY, AUGUST 6, 1910.

82i

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Bowen Burwell Blackwell Callaway of lOth Callaway of 29th Calhoua Gordy Griffith Irwin Kemp

King Longley Morris Mathews McLean .1 I McCurry McWilliams McCollum McClure Patterson

Price Pitts Uudieil s:ater Stevens Thompson Womble Wood

Mr. Harrell voted in the negative.

Those not voting were Messrs. :

Akin Burch Cates Conley Collum Day

Harben .Johnson Jaekson Mays McDowell

Ayes, 28; nays, 1.

Rutherford Sellers Ward Mr. President

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

By Mr. Mathews-
A resolution to create a Commission to consider the matter of an exchange of the Governors Mansion for other property.

828

JouRNAL oF THE SENATE.

Mr. Harrell moved to re-commit the resolution to the General Judiciary Committee.

And on this motion the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Burwell Callaway of 29th Callioun Griffith

Harrell Kemp McLean Stevens

Thompson Ward Wood
!

Those voting in the negative were Messrs.:

Bowen Blackwell Callaway of lOth Gordy Longley Morris Mathews

McDowell McCurry McWilliams McCollum 1lfcGlure Patterson Price

Pitts R.udieil Slater Sellers Womble

Those not voting were Messrs. :

Akin Burch Cates Collum Conley

Day Harben Irwin Johnson Jackson

King Mays Rutherford Mr. President

Ayes 11 ; nays, 19.

The motion was lost.

Further consideration of this bill was postponed until Monday morning immediately after the reading of the Journal.

SATURDAY, AuousT 6, 1910.

829

The following House bills were read 1st time:

By Mr. Hardman-
A bill to create for the State of Georgia a State Road Commission.
/
Referred to Committee on General Judiciary.

By Messrs. Johnson and Price-

A bill to require all applications for pardons or commutations of sentences to give notice by publication of all applications.
Referred to Committee on General Judiciary.

By Mr. McCutchen-

A bill to regulate the manner of selecting official county newspapers, and for other purposes.
Referred to Committee on Public Printing.

By Mr. Calbeck-
A bill to amend the charter of the town of Calhoun.
Referred to Committee on Counties and County Matters.

830

JOURNAL OF THE SENATE.

By Messrs. Rosser and Hullender-
A bill to amend Section 982 of the Code, so as to add Ringgold to the list of State Depositories.
Referred to Committee on Banks.

By Mr. Meadows-
A bill to amend an Act incorporating Milan, m Telfair County, for certain purposes.
Referred to Committee .on Counties and County Matters.
By Mr. Hall-
A resolution to appoint a Commission relative to receiving offers for the Governor's Mansion and looking for new site.
Referred to Committee on General Judiciary.
The following House resolution was read 2d time and recommitted to Committee on General Judiciary.
By Mr. Fullbright-
A resolution to provide for the purchase of certain Georgia Reports.
On motion the Senate adjourned until Monday morning at 9:30 o'clock.

SATURDAY, AuGusT 6, 1910.

.831

SENATE CHAMBER, ATLANTA, GEORGIA,

MoNDAY, August 8, 1910.

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

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Day Gordy Griffith Harrell

Irwin .Tohnson Jackson Kemp King Longley Mays Morris Mathews McLean McDowell McCurry McWilliams McCollum McClure

Patterson Price Pitts Rutherford Rudicil Slater Sellers Stevens Thompson Ward Womble Wood Mr. President

Mr. Harben was absent.

Mr. Burwell gave notice that at the proper time he would move to reconsider the action of the Senate in disagreeing to the favorable report of the Committee on the billof the House to abolish the City Court of Pulaski county.

832

JoURNAL OF THE SENATE.

Mr..Sellers gave notice that at th'e proper time he would move to reconsider the action of the Senate in defeating Senate Bill No. 22 on Saturday.
By unanimous consent the following House bill was taken up, read 3d time and put upon its passage:
By Mr. McMichael-
A bill to provide for municipal elections to determine the question of local taxation for public schools and for other purposes.
Report of Committee was agreed to as amended.
Upon the passage of the bill the ayes were 25, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended and amendments are as follows:
Amend by striking the figure 5 at the commencement of the fourth Section of said bill and insert in lieu thereof the figure 4 and by striking the figure 6 af the commencement of Section 5 and insert in lieu thereof the figure 5.
Further amend.
Amend Section 1 by inserting after the. word "part" in the 4th line the following words: "And

MoNDAY, AuausT 8, 1910.

833

which is not now specifically authorized to hold an election on the question of local taxatio!l for school purposes.''
The following message was received from the House through Mr. Boifeui1let, the Clerk thereof:

Mr. President :

The House has passed by the requisite Constitutional majority the following bills of the Senate:
A bill to provide for two weeks' session of the Emanuel county Superior Court.
A bill to allow County Commissioners in certain counties to condemn land for road purposes.
The House has passed by the requisite Constitutional majority. the following resolutions of the House:
A resolution "to pay stenographer C. B. Weatherby for service on joint commission.
A resolution to authorize city of Atlanta to build certain viaducts.over the Western & Atlantic Railroad.
The House has passed by the requisite Constitutional majority the following bills of the House:

834

JOURNAL OF THE SENATE.

A bill to fix salary of stenographer in office of State Bank Examiner.
A bill to incorporate the town of Durand.
A bill to appropriate $50.00 for mineral water for use of the House.
A bill to repeal Act establishing City Court of Quitman.
A bill to establish City Court of Quitman.
Mr. Burwell moved to reconsider the act~on of the Senate in disagreeing to the report of the Committee which was favorable to the passage of the bill which is as follows:

. By Mr. Peacock-

A bill to abolish the City Court of Pulaski county.

Previous question was called and main question was ordered.

Upon motion the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Burwell Irwin .Jackson

McDowell Price Rutherford

Stevens 'l'hompson

MoNDAY, AuGusT 8, 1910.

835

Those voting in the negative were Messrs.:

Akin B<.wen Blackwell Canaway of lOth Callaway of 29th Calhoun llay Gordy Griffith Harrell

J"ohnson Kemp King Longley Mathews McLean McCurry. McWilliams McCollum McClure

Patterson Pitts RudicH Siater Sellers Ward Womble Wood

Those not voting were Messrs. : . \

Burch Cates Collum

Conley Harben }[ays

Morris Mr. President

Ayes, 8; Nays, 28.

The motion was lost.

Mr. Sellers moved to reconsider the action of the Senate in defeating Senate Bill No. 22 on Saturday.

The motion was lost.

The following resolution was read 1st time:

By Mr. Slater-
A resolution requesting our Representatives in Congress to vote for the establishment of a National Appalachian Forest Reserve.
This resolution was ordered engrossed.

836

JouRNAL oF THE SENATE.

By unanimous consent the following Senate bill was read 3rd time to be put upon its passage:

By Mr. Harrell-

A bill for the relief of prisoners in jail awaiting trial and for other purposes.

Report of Committee was agreed to as amended.

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

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

Amend by striking out the words "or shackles"

in the 36th line of said Section and by inserting in

line

4

betwe'en

the

words

''trial'' '

and
.

''and''

the

following words ''or at the optio~ of county archi-

tects such persons may be so returned.''

Mr. McWilliams, 'Chairman of Committee on Education, submits the following report:

Mr. President :
Your Committee on Education.has had under consideration the following House bill .and instruct me, as their Chairman, to report the,_ same back to the Senate with the recommendation that it do pass as amended.

MoNDAY, AuausT 8, 1910.

837

A bill to be entitled'an Act to revise the school laws of the State of Georgia, so as to change the State Board of Education, to prescribe the powers and duties of said board, and to fix its comrensation; to provide for a State Superintendent of Schools instead of a State School Commissioner; to prescribe his duties and fix his compensation; to provide for a County Superintendent of Education instead of a County School Commissioner and to prescribe his duties and fix his salary and for other purposes.
R-espectfully submitted,
MeWILLIAMS, Chairman.

Mr. President :

Your Committee on Counties and County Matters have before them for consideration the following bills of the House, to-wit:
A bill to be entitled an Act to provide for fixing salary of County Treasurer of Harris county.
Also a bill to be entitled an Act to amend an Act incorporating the town of Milan in Telfair county.
-
Who report the same back with the recommendation that they do pass.
Also a bill to be entitled an Act to provide a salary for the Treasurer of Haralson county.

838

JoURNAL OF THE SENATE.

Who report the same back with the recommendation that it do not pass.
All of which is respectfully submitted.
'R. D. CALLAWAY, Chairman.

Mr. Rudicil, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. President:
The Committee on Hygiene and Sanitation has had under consideration the following House bill which I am instructed to report back -to the Senate with the recommendation that the same do pass, to-wit:
A bill to be entitled an Act to amend the Act to
prevent the adulteration of food, and for other purposes
Respectfully subp1itted,
R. Y. RummL, Chairman.
Mr. Irwin, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
The Committee on Corporations has had under consideration the following Senate bill which I am

MoNDAY, AuGUST 8, 1910.

839

instructed to report back to the Senate with the
recommendation that the same do pass, to-wit:
A bill to amend the charter of the city of Hape~ ville.
A bill to regulate the sanitary conditions of hotels and lodging houses.
A bill to incorporate the town of Berlin, in the county of Colquitt.
A bill to amend an Act to incorporate the town of Mitchell's District, in the county of Pulaski.
A bill to amend the charter of the town of Barwick.
The Committee has had under consideration the
following Senate bill which I am instructed to report to the Senate with the recommendation that
the same do pass, to-wit:
A bill to amend the charter of the town of Par~ rott in Terrell county.
J No. R. IRwiN, Chairman.

Mr. Price, Chairman of the Committee on Agri~ culture, submitted the following report:

840

JOURNAL OF THE SENATE.

Mr. Presit!Jent:
The Committee on Agriculture has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to repeal the Act prohibiting the running at large of hogs on St. Simons Island, Glynn county.
Respectfully submitted,
J. D. PRICE, Chairman.
Mr. Rutherford, Vice-Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House the following bills of the Senate, to-wit:
A bill to authorize the Board of School Commissioners of Fort Valley to sell the property in said city known as the Grady Institute lot.
A bill to prohibit the sale of near beer m the county of Coffee.
Respectfully submitted, S. RuTHERFORD, Vice-Chairman.

MoNDAY, AuausT 8, 1910.

841

Mr. Morris, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President :
The Committee on Banks and Banking has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend Section 982, Volume 1 of the Code of 1895, so as to add Ringgold in Catoosa county to the list of State depositories.
Respectfully submitted,
W. S. MoRRis, Chairman.

Mr. Burwell, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President :
~fhe Committee on Appropriations has had under consideration the following House bill and House resolutions which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to increase the efficiency of the inspectio!l of fertilizers and feed stuffs.

842

,JOURNAL OF THE SENATE.

A resolution to make appropriation to meet the deficiency in the Printing Fund.
A resolution to pay auditor and stenographer in the matter of the investigation of the keeper of . Public Buildings and Grounds.
Respectfully submitted,
BuRWELL, Chairman.

By unanimous consent every bill passed by the Senate today shall be immediately transmitted to the House.
On motion when the Senate adjourns this morning it will reconvene at 3 o'clock this afternoon and shall remain in session until 5 o'clock.
By unanimous consent the following House bill was read 2nd time:

By Mr. Hardman-
A bill to amend the Act to prevent the adulteration of food, and for other purposes.
The following Senate bill was read 3rd time to be put upon its passage:

MoNDAY, AuousT 8, 1910.

I 843

By Mr. Griffith-

A bill to authorize the County Boards of Education to condemn lands for school purposes.

The following amendment was offered:

Amend by adding: Provided, That the owner of the land designate site that is to be condemned.
On this amendment the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Callaway of lOth Callaway of 29th Conley Gordy

Harrell Irwin .Jackson Morris McDowell McCurry McCollum McClure

Patterson Price Pitts Rutherford Rudicil
.j
w.ard Womble Wood

Those voting in the negative were Messrs.:

Calhoun Griffith Longley

Mathews McLean McWilliams

f;ellers

''

Thompson

Those not voting were Messrs. :

Burch Cates Collum Day

Harben Johnson Kemp King

Mays Slater Stevens Mr. President

Ayes, 24; Nays, 8.

844

JouRNAL m' THE SENATE.

The amendment was adopted.
On motion the bill was tabled.
On motion the Senate will convene at 9:30 a. m. and adjourn at 1 p. m. and reconvene at 3 o'clock p. m. and remain in session until 5 p. m. for the remainder of the session.
The following resolution was read 2nd time and adopted:

By Mr. Mathews-
A joint resolution to pay Mrs. Catherine Murray widow of late Sen,ator Murray $200.00.
The following House bills were read 3rd time and put upon their passage:

By Mr. Burch-
A bill to create a new charter for the city of Dublin and to define its forms and duties.
Report of the Committee was agreed to.
Upon the passage of the .bill the ayes were 27, nays, 0.
The bill having received the requisite Constitutional majority was passed.

MoNDAY, AuausT 8, 1910.

845

By Mr. Hall-
A bill to amend the charter of the city of Macon.
Report of the _Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Brown-
A bill to fix the salary of County Treasurer of Murray count~.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Davis-
A bill to establish a new charter for the city of Albany.
)
Report of the Committee was agreed to.

846

JoURNAL OF THE SENATE.

Upon the passage of the bill the ayes were 27, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended and the amendments are as follows:

AMENDMENT OFFERED BY COMMITTEE,
TO HOUSE BILL 893.
Amend by inserting in Section 19 between the words ''such'' and ''ordinances'' the word ''reason- able," so that said Section 19 when amended shaH read as follows:
That the Mayor and Council shall -not grant any public franchise to any person or incorporated companies without reserving in said grant the right to tax said francnises and further reserve in said grant the right by ordinance from time to time to pass and adopt such reasonable ordinances or resolutions regulating and governing the exercise of such franchise as may be deemed expedient or necessary.

By r. Reeves-
A bill to incorporate the town of Dearing in McDuffie.
Report of the Committee was agreed to.

MoNDAY, AuousT 8, 1910.

847

Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Henderson-
A bill to create a Board of County Commissioners of Irwin county.
Report of the Committee was agree4 to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Alexander and Fields-
A bill to incorporate the town of East End in DeKalb county.
Report of Committee was agreed to as amended.
Upon the passage of the bill the ayes were. 28, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended and the amendments are as follows:

848

JOURNAL OF THE 8E:fifATE.

By the Committee-
Amend the bill 1018 by striking the words ''East End" wherever the same occur in the caption or elsewhere and substituting therefor the words ''Lakeview.''

By the Committee-
Amend the bill No. 1018 hy striking out from the second Section all of the description of said proposed town after the word "to" which is the first word on the second page of the engrossed copy, and down to the proviso, hut not striking the proviso, and inserting instead of the words stricken the following:
"To a point in said Hill street in line with and being an extension of the houJ!.dary line between the lands of the Atlanta suburban land corporation and Charles Benson, thence southward till it reaches said dividing line thence continuing along said line and a southward extension thereof until it reaches the north side of the Boulevard DeKalb as now located, defined, and worked out; thence west along the north side of said Boulevard DeKalb 'till it reaches the eastern line of the Lide property, thence south along Lide's eastern line to the corporate limits of the town of East Lake as defined by the charter of said town enacted by the present General Assemhly, thence westward following the line of East Lake

MoNDAY, AuousT 8, 1910.

849

Ulti:Il it reaches Skiff Avenue and Fair Street, thence west along Fair Street to the beginning point.

By Messrs. Simpson and McConnell-
A bill to amend an Act incorporating the "town of Norcross.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 25, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Simpson and McConnell-
A bill to authorize the county of Gwinnett to issue bonds.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
'l'he bill having received the requisite Constitutional majority was passed.

By Messrs. McCarthy., Lawrence and Anderson-
A bill to authorize the county physician in a city having therein 54,000 and not more than 85,000 in-

850

JOURNAL OF THE SENATE

. habitants to employ a nurse for county jail hospital.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 26, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Alexander-
A bill to provide a new charter for the town of East Lake in the county of DeKalb.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Hardeman-
A bill to amend an Act to establish a Public School System for the town of Louisville, Georgia.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were '27, nays, 0.

MoNDAY, AuausT 8, 1910.

851

The bill having received the requisite Constitutional majority was passed.

By Mr. Hardeman-
A bill to amend an Act to establish a Public School System for th~ town of Louisville, Georgia.
Report of Committee was agreed to.
Upon the passage of the Act the ayes were 30, nays, 0.
The bill having received the requisite Constitu. tional majority was passed.

By Mr. Fender-
A bill to require County Commissioners of Lowndes county to work roads within the corporate limits of cities of said county.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays, 0.
The bill having received the requisite Constitutional majority was passed.

852

JoURNAL OF THE SENATE.

By Mr. Moss-
. A bill to amend an Act regulating the time that
railroad charters become dormant.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 30~ nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Dickson-
A bill to amend an Act to prescribe the duties and powers of the County Commissioners of Ben Hill county.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 25, nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Reid-
A bill to amend the charter of the town of Marshallville, Georgia.
Report of Committee was agreed to.

MoNDAY, AuausT 8, 1910.

853

Upon the passage of the bill the ayes were 30, nays, 0.
Tlie bill having received the requisite Constitutional majority was passed.

By Mr. McCutchen-
A bill to provide for fixing a salary for the County Treasurer of Heard county.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays, 0.
'The bill having received the requisite Constitutional majority was passed.

By Mr. Reid-

A bill to incorporate the town of Oglethorpe m the county of Macon.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays, 0.
The bill having received the requisite Constitutional majority w.as passed.

854

JOURNAL OF THE SENATE.

Mr. Burwell, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
The Committee on Appropriations has had under consideration the following Senate resolution which
I am instructed to report back to the Senate with
the recommendation that the same do pass, to-wit:
A joint resolution to pay the per diem for the
present session of the late Senator Murray to his
widow, Mrs. Ca~herine Murr~y.
Respectfully submitted,
BuRWELL, Chairman.

The following House bills were read 2nd time:

By Mr. Sheppard-
A bill to increase the efficiency of the inspection of. fertilizers and feed stuffs in this State.

By Mr. Brown-

A bill to regulate the sanitary condition of hotels

and lodgiQg houses.

'

By Messrs. Brown, Lawrence and Jones-

MoNDAY, AuausT 8, 1910.

855

A bill to adopt and make of force the Code of laws prepared by John L. Hopkins.
This bill was recommitted.

By Mr. McCutchen-
A bill to regulate the manner of selecting official county newspapers.
This bill was recommitted.

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

Mr. President:

The House has passed by the requisite Constitu-

tional majority the following bills of the House, to-

wit: .

\

A bill to amend the charter of city -of Nashville.

A bill to create a new charter for town of Dexter.

A bill to amend charter of St. Marys.

A bill to appropriate $35,000.00 to the Trustees of the University of Georgia for use of State School of Technology.
A bill to regulate legislative counsel and for other purposes.

856

JouRNAL oF THE SENATE.

'l'he following House bills and resolution were read 1st time:

By Messrs. Alexander, Brown and McElreath-
A resolution to authorize city of Atlanta to build eertain viaducts over the rights of way of the W. & A.R.R.
R.eferred to the W. & A. R. R. Committee.

By Mr. Wright-
A bill to regulate legislative counsel, and for other purposes.
Referred to Committee on Banks.

By Mr. Paulk-
A bill to amend the charter of the city of Nashville.
Referred to Committee on Corporations.

By Mr. Pope~ A bill to establish the City Court of Quitman. Referred to Committee on Special Judiciary.

MoNDAY, AuGUST 8, 1910.

857

By Mr. GodleyA bill to amend the charter of St. Marys. Referred to Committee on Corporations.

By Mr. Burch-
A bill to create a new charter for the town of Dexter.
Referred to Committee on Corporations.

.By Messrs. Jones and KentA bill to incorporate the town of Durand. Referred to Committee on Corporations.

By Mr. Barrett-
A bill to appropriate $50.00 to pay for waters furnished the House during the session.
R~ferred to Committee on Appropriations.

By Mr. Barksdale-
A bill to fix salary of the stenographer for the State Bank Examiner.
Referred to Committee on Appropriations.

858

JOURNAL OF THE SENATE.

By Mr. McElreath-
A bill to amend the Act incorporating the city of Hapeville.
Referred to Committee on Corporations.
By Messrs. Alexander, Brown and McElreath-
A bill to appropriate $35!000 to the Trustees of , the University of Georgia for the Technological School.
Referred to Committee on Appropriations.
By Mr. Pope-
A bill to repeal the Act establishing the City Court of Quitman.
Referred to Committee on Special Judiciary.
By Messrs. Baker, Burch, et al~
A r~solution to pay C. B. Weatherby stenog-
rapher of the joint House and Senate on rearrangement of the Judicial Circuit.
Referred to Committee on Appropriations.

MoNDAY, AuousT 8, 1910.

859

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

Mr. President:
The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House the following Senate bill and resolution, to-wit:
A bill to provide for the relief of prisoners in jail awaiting trial.
A resolution to pay Mrs. Catherine Murray, widow of late Senator Murray, the sum of $200.00.
L. F. PATTERSON, Chairman.

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

Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the House:
A bill to amend Section 5404, Code of 1895, relative to constables fees.
A bill to amend Section 5403, Code of 1895, relative to fees of Justices of Peace.

860

JouRNAL OF THE SENATE.

A bill to amend General Tax Act relative to near beer tax.

The following House bills and resolutions were read 2nd time:-

By Mr. Walters-
A bill to incorporate the town of Berlin in Colquitt county, Georgia.

By Mr. FordA bill to establish City Court of Sylvester.

By Mr. McMahan-
A bill to require the County Commissioners or Ordinaries, as the case may be, in all counties having therein a population of between 10,000 and 12,000 to pay certain court costs.

By Mr. Williams-
A bill to authorize the town council of Comer to hold a bond election.

By Mr. AlexanderA bill to amend the charter of Decatur.

MoNDAY, AuousT 8, 1910.

. 861

By Mr. Moss-
A bill to amend an Act creating a Public School System for Marietta, Cobb county.

By Mr. Ellison-
A bill to provide for fixing salary of County Treasurer of Harris county.

By Messrs. Simpson and McConnell-
A bill to amend the charter of the -city of Buford in Gwinnett county.

By Messrs. Rosser and Hullender-
A bill to make Ringgold in Catoosa county a State Depository.

By Mr. Meadows-
A bill to amend an Act incorporating the town of Milan in Telfair county.

By Mr. White-'-
A bill to amend an Act fixing the term of office of Commissioner of Pensions.

862 .

JouRNAL oF THE SENATE.

By Mr. Ford-
A bill to repeal an Act creating a City Court of Sylvester.

By Mr. Reese-
A bill to repeal an Act preventing the running at
large of Hogs on St; Simons Island, Glynn county, Georgia.

By Mr. Rosser-
A bill to amend the charter of the city of LaFayette.

By Mr. Peacock-
A bill to amend an Act to incorporate the town of Mitchell's District, Pulaski county.

By Mr. PopeA bill. to amend the charter of Barwick.

By Mr. Calbeck-
A bill to incorporate the town of Ranger in the county of Gordon.

MoNDA v, AuausT 8, 1910.

863

By Mr. Jones-
'
A resolution to make appropriation to meet the deficiency in the printing fund.

By Mr. Keith~
A resolution to pay auditor and stenographer in matter of investigation of keeper of public build.ings and grounds.

By Mr. Ford-
.A resolution to refund J. C. Rogers $210.00.
Mr. Irwin, Chairman of the Committee on Corporations, submitted the following report:

.l. fr. President :
The Committee on Corporations has had under consideration the following House bills which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to create a new charter fot the town of Dexter.
A bill to amend the charter of the city of Nashville.

864

JOURNAL OF THE SENATE.

A bill to incorporate the town of Durand.
A bill to amend the charter of the town of St. Marys.
Respectfully submitted,
JNo. R. IRwiN, Chairman.

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

Jlfr. President:
The Committee on Public Printing has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to regulate the manner of selecting official county newspapers.
Respectfully submitted,
E. S. GRIFFITH, Chairman.

The following resolution was taken up:

'.

By Mr. Mathews-
A resolution creating a commission to consider the matter of exchanging the Governor's Mansion.

MoNDAY, AuousT 8, 1910.

865

Mr. Howell moved to indefinitely postpone the consideration of this resolution.

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

Those voting in the affirmative were Messrs.:

Callaway of lOth Callaway of 29th Griffith Harrell .Jackson

Kemp Mays McWilliams McClure Rutherferd

Sellers Thompson Ward Wood

Those voting in the negative were Messrs.:

Akin Bowen Burwell Blackwell Calhoun Cates ColluiQ Conley

Day Gordy Irwin King Longley Mathews McLean McDowell

McCurry McCollum Patterson Pitts Rudicil Slater Stevens Womb'Ie

Those not voting were Messrs :

Burch Harben

Johnson Morris

Price Mr. President

Ayes, 14; Nays, 24.

The motion was lost.

The hour of adjournment having arrived the Senate. stood adjourned until 3 o'clock this afternoon.

866

JOURNAL OF THE SENATE.

The Senate met pursuant to adjournment at 3 o'clock, was called to order by the President.

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

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Day Gordy Griffith Harrell

Harben Irwin ,Tohnson .Jackson Kemp King Longley l\fays Morris Mathews McLean McDowell McCurry :McWilliams :McCollum

:McClure Patterson Price Pitts Rutherford Rudicil Slater !'lellers Stevens Thompson Ward Womble Wood Mr. President

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

Mr. President:
The House has passed by the requisite Constitutional majority the fo1lowing resolution of the House.
A resolution to provide for the payment of Mrs. Sarah Rigsby pension for the year 1908.
The following House bills were read 3rd time and put upon their passage:

MoNDAY, AuGUST 8, 1910.

867

By Messrs. Tippins, Boyd, et al-
A bill to regulate the-running of automobiles, etc., on the highways of this State.
Report of Committee was agreed to as amended.
Upon 'the passage of the bill the ayes were 29, nays, 0.
The bill having received the requisite (JQnstitutional majority was passed as amended, and the amendments are as follows:
Amend caption by inserting following words after the word--- the following: To prol~ibit the operation of an automobile without authority of owner &nd to provide punishment therefor.
Amend Section 9 by adding after the word true in line of said Section and preceding the word to in line 4 the following words: "Unless such minor ~hall have previously had 12 months experience in the operation of automobiles and is a-ccompanied by the owner of the machine at the time.''
Amend Section 9 by adding the following words at the end of said Section: "No person shall operate an automobile without the consent and by the authority of the owner and any person so doing shall be guilty of a misdemeanor and punishable therefor.''

868

JoURNAL OF THE SENATE.

Amend Section 2 after Secretary of State. That registration by Secretary of State shall be in lieu of all municipal license or registration.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President :
The House has passed by the requisite Constitutional majority the following bill of the House, towit:
A bill to extend the work of suppression of contagious diseases among live stock in Georgia.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President :
. The House has concurred in the Senate amendments to the following bills of the House.
A bill to require the County Tax Collectors to keep a record in the form of a eash book.
A bill to prohibit pistol carrying except under certain conditions.
A bill to establish the Ci.ty Court of Madison.

MoNDAY, AuausT 8, 1910.

869

A bill to create a new charter for the city of Albany.
The House has concurred in the Senate substitute as amended to the following bill of the House.
A bill to provide for the establishing of certificates of stock of banks or private corporations in lieu of lost certificates.
The following House bills were read 1st time:

By Mr. White-
A bill to amend an Act amending Section 5404 of the Code.
Referred to Committee on General Judiciary.

By Mr. White-
A bill to amend Section 5403 of the Code fixing Justice of Peace fees.
Referred to Committee on General Judiciary.
By Mr. Anderson-
A bill to amend the Act to levy and collect tax for the support of Siate Government for the year 1909 and 1910.
Referred to Committee on Finance.

870

JOURNAL OF THE SENATE.

By Messrs. Kirby and Couch-
A resolution to pay to Mrs. Sarah Rigsby pension for the year 1908.
Referred to Committee on Finance.
Mr. Harrell moved that the following bill be withdrawn from the Committee on Banks and Banking and refer to Committee on General J udieiary.

By Mr. Wright-

A bill to regulate legislative counsel, and for other purposes.

Mr. Irwin moved as a substitute that it be withdrawn from the Committee on Banks and Banking and refer to the Committee on Corporations.

Mr. Howell moved that.as an amendment that the Committee on Corporations be directed to report on said bill at once.

On this substitute the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Callaway of lOth Conley Harrell .Tackson Kemp

McLean McWilliams Pitts Rutherford Rudicil

Sellers Stevens Ward

MoNDAY, AuGusT 8, 1910.

871

Those voting in the negative were. Messrs.:

Akin Dowen Burwell Calhoun Cates Collum Gordy Griffith

Irwin King Longley Morris Mathews McDowell McCurry }fcCollum

McClure Patterson Price ::::later Womble Wood

.Those not voting were Messrs. :

Blackwell Burch Callaway of 29th

Day Harben Johnson

Mays Thompson Mr. President

Ayes, 13; Nays, 22.

The motion was lost.

872

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,

TuESDAY, August 9, 1910.

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

Prayer was offered by the Chaplain.

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

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Day Gordy Griffith Harrell

Harben Irwin Johnson Jackson
K~mp
King Longley . Mays Morris Mathews McLean McDowell McCurry
~fcWilliams
McCollum

:h<IcClure Patterson Pl"ice Pitts Hutherford Rudicil Slater Sellers Stevens Thompson Ward Womble Wood Mr. President

,Reading of the Journal was dispensed with.

Mr. Burwell, Chairman of the Committee on Appropriations, submitted the following report:

TuESDAY, AuousT 9, 1910.

873

111r. President:

The Committee on Appropriations has had under consideration the f-ollowing House bills which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to appropriate $35,000 to the Trustees of
University of Georgia for use of School of Technology.
A bill to appropriate $50.00 to pay for water used by House of Representatives during session of 1910.
The Committee has had under consideration the following House resolutions which I am instructed to report to Senate with the recommendation that the same do pass, to-wit:
A resolution to pay C. B. Weatherby for services as. stenographer of joint committee on rearrangement of Judicial Circuits.
A bill to fix the salary of stenographer in State Bank Examiner's office.
BuRWELL, Chairman.

Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

87 4

JOURNAL OF THE SENATE.

- Mr. 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 Acts and resolution, to-wit:

A bill to provide for control of cemeteries, etc., in counties having l 25,000 population or more.

A bill to amend the charter of the town of Lexington.
A bill to authorize the Commissioners of Roads and Revenues of Glynn county to fix the annual salary to be paid to the clerk of said Commission_ers.

A bill to amend an Act incorporating the town of Soperton, Montgomery county, Georgia.

A resolution in reference to the preservation of the engines ''Texas'' and the '' General.''
Respectfully submitted,
F. E. CoNLEY, Chairman.

Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

TuESDAY, AuousT 9, 1910.

875

Mr. President :
The Committee on Enrollment report as being duly signed by the President of the Senate and Speaker of the House of Representatives, and. transmitted to the Governor the following Acts and resolution, to-wit:
An Act to provide for control of cemeteries, etc., in counties having 125,000 population or more.
An Act to amend the charter of the town of Lexington.
An Act to authorize the Commissioners of Roads and Revenues of Glynn county to fix the annual sfflary to be paid to the Clerk of said Commissioners.
An Act to amend an Act in~orporating the town of Soperton, Montgomery county, Georgia.
A resolution in reference to the preservation of the engines "Texas" and the "General."
Respectfully submitted,
F. E. CoNLEY, Chairman.

The following House Bills and resolutions were. read 2nd time :

876

JoURNAL OF THE SENATE.

By Messrs. Alexander, Brown and McElreath-
A bill to appropriate $35,000 to the Trustees of the University of Georgia for the use of Technological School.
By Mr. Barrett-
A bill to appropriate $50.00 to pay for water used by the House of Representatives.
By Mr. Barksdale-
A bill to fix the salary of Stenographer of the State Bank Examiner.
By Mr. Hall-
A resolution to appoint a Commission relative to 1eceiving bids for exchanging Governor's Mansion.
By Messrs. Baker, Burch, et al-
A resolution to pay C. B. Weatherly, Stenog-
rapher of the joint Committee of House and,Senate ,on rearranging Judicial Circuit.
By Messrs. Alexander, Brown and McElreath-
A resolution to authorize city of Atlanta to build certain viaducts over the right of way of theW. & A. R.R.
This resolution was re-committed.

TuESDAY, AuGUST 9, 1910.

877

By Mr. Baker-
A bill to provide for recording of certain copies from the records of deeds in certain instances.

By Mr. Field-
A bill to provide for holding four terms of the Superior Court for Crisp county, and for other purposes.

By Messrs. Johnson and Price-
A bill to require all applicants for pardons or commutations of sentence to give notice by publication, and for other purposes.
By Mr. Drawdy-
A bill to amend Section 5261, of Volume 2, of the Code.
By Mr. Anderson-
A bill to amend the Act to levy and collect a tax for the support of the State government for the ) ears 1909 and 1910.

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

878

JoURNAL OF THE SENATE.

Mr. President:
The Committee on General Judiciary has had under consideration the following House Bills, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to adopt and make of force the Code of Laws prepared by John L. Hopkins.
A bill to require all applicants for pardons to give notice by publication of all applications for the same.
A bill to provide for recording certified copies from the records of deeds, in certain instances.
A bill to amend Section 5261, Volume 2 of the Code.
A bill to provide for holding four terms of the Superior Court of Crisp County.
The Committee has had under consideration the following resolutions of the House, which they recommend do pass, as amended, to-wit:
A resolution to appoint a Commission relative to receiving offers for the old Governor's Mansion.
The Committee has had under consideration the following House resolution, which they instruct me to report back with the recommendation that the same do pass, to-wit:

J;, '];'uESDAY, AuousT 9, 1910.

879

A resolution to purchase Georgia Reports Volumes 35 to 65, copyrights and plates from the Michie Company of Charlottesville, Va.
The Committee has had under consideration the following House bills, which I am instructed to report back to the Senate with the recommendation that the sam~ do not pass, to-wit:
A bill to amend an Act to amend Section 5404 of the Code of 1895.
A bill to amend Section 5403 of the Code, in reference to Justice of Peace fees.
A bill to create. a State Road Commissioner.
R-espectfully submitted,
H. A. MATHEws, Chairman.

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

Mr. President:
The House has concurred in the Senate substituteto the following bill of the House, to-wit:
A bill to amend Section 671, Code 1895, relative to wrongful sale of mortgaged property.

880

JOURNAL OF THE SENATE.

The House has passed by the requisite Constitu tional majority the following bill of the House, towit:
A bill .to prohibit the procuring of females for immoral purposes.
The House has passed by the requisite Constitutional majority the following resolution of the Senate, to-wit:
A resolution for the relief of J. C. Powell, et al, of Fannin County.
The House has passed by the requisite Constitutional majority the following resolution of the Sen- ate, as amended, to-wit:
A resolution to authorize State L~brarian to furnish the various Acts of the General Assembly, etc., to the various new counties.
The House has passed by the requisite Constitutional majo-rity the following bill of the Senate as amended, to-wit:
A bill to prohibit shooting toward any occupied dwelling with any kind of fire-arm.

The House has passed by the requisite Constitutional majority the following bills of the Senate, towit:

TuESDAY, AuGUST 9, 1910.

881

A bill to change the time of holding the Superior Court of Marion.
A bill to amend Act authorizing street electric railroads to consolidate, etc.

The following resolution was read:

By Messrs. Thompson, Conally, Johnson, et al.-

A resolution directing the Committee on Banks and . Banking to report House Bill No. 122 back to the
Senate immediately.

The previous question .was called and the tnain question ordered on resolution and amendment.

Mr. Slater o~ered the following amendment:
Amend by requiring the Committee to report on House Bill No. 122 by 3 o'clock this afternoon.

On this. amendment the ayes and nays were ordered and the vote is as follows :

'fhose voting in the affirmative were Messrs.:

Akin Bowen Burwell Callaway of 29th Gordy

Griffith Lcngley Morris Mathews McDowell

McCurry McCollum McClure Slater

882

JouRNAL OF THE SENATE.

Those voting in the negative were Messrs.:

Blackwell Callaway of lOth Calhoun Cates Collum Conley Harrell Harben Irwin

Johnson Jackson Kemp King Mays ]\[cLean McWilliams Patterson Pitts

Rutherford Rudicil EPllers Stevens Thompson Woard Womble Wood

Those not voting were Messrs. :

..

Burch Day

Price

Mr. President

Ayes, 14; nays, 26.

The amendment was lost.

;

On the adoption of the resolution the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Cates Conley Gordy Griffith

Harrell Harben Johnson Jackson Kemp King Longley Mays McLean :Me Williams

P&ttcrson Pitts Rutherford I.:udicil tellers Stevens Thompson Ward Womble Wood

TuESTlAY, AuousT 9, 1910.

883

Those voting in the negative were Messrs.:

Akin Calhoun Collum Irwin

Morris
1-~athews
McDowell McCurry

McCollunt McClure Slater

Those not" voting were Messrs :

Day

Price

. Ayes, 30; n~ys, 11.

Mr. President

The resolution was adopted.

M-r. Jackson moved that the Senate take a recess

for 15 minutes to allow the Committee on Banks and

Banking

to

report

on.

House

Bill

No. '

122.

Mr. Slater moved that the Senate take a recess for 30 minutes instead or" 15 minutes.

Mr. McCurry moved that the Senate take a recess until tomorrow morning at 9 o'clock.

Previous question was called and main question ordered, and on this amendment the ayes and nays were ordered and the vote is as follows:

Mr. Calhoun voted in the affirmative.

Those voting in the negative were Messrs.:

Akin Bowen

Burwell Blackwell

Burch Callaway of lOth

884

JouRNAL oF THE SENATE.

Callaway of 29th Cates Collum Conley Gordy Griffith Hanell Harben Irwin .Johnson .Jn.ckson Kemp

King Longley Mays Morris Mathews McLean McDowell McCurry McWilliams McCollum :McClure P ...tterson

Iriee Pitts Rutherford Rudicil Slater EPllers Stevens 'fhompson Ward Womble Wood

Those not voting were Messrs. :

Day

Mr. President

Ayes, 1 ; nays, 41.

The motion was lost.

The can for the previous question was re-considered.

On motion the Committee on Banks and Banking were requested to report House Bill No. 122 back to the Senate at 3 o'clock p.m. this day.

The following House bills were read 2nd time:

By Messrs. Jones and KentA bi11 to incorporate the town of Durand.

TuESDAY, AuGusT 9, i910.

885

By Mr. Paulk-
- A bill to amend the charter of the city of Nashville.

By Mr. GodleyA bill to amend the charter of St. Marys.

By Mr. Burch-
A bill to create a new charter .for the town of Dexter.
On motion House Bill No. 1083 was tabled.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has adopted the fo11owing resolution of the House, to-wit:
A resolution to provide for the bringing up of the unfinished business of the General Assembly after adjournment.
The House has adopted the following resolutions of the Senate, to-wit:
A resolution to pay Mrs. Catherine Murray, widow of late Senator Murray, $200.00.

886

JOURNAL OF THE SENATE.

A resolution to endorse New Orleans as logical point to hold World's Panama Exposition.
The House has passed by the requisite Constitutional majority the following bill of the Senate as amended, to-wit:
A bill to amend Section 377, Volume 3, Code of 1895, which defines the crime of bigamy.
The House has passed by the requisite Constitutional majority the following bills of the Senate, towit:
A bill to provide for the proper protection of the sinking funds of municipal corporations.
A bill to amend Act providing for the collection of past due taxes to the State.
A bill to create office of State Veterinarian.

Mr. McClure, Chairman. of the Committee on Western and Atlantic Railroad, submitted the following report :

Mr. President:
The Committee on the "\Vestern and Atlantic Railroad has had under consideration the following House Resolution, which I am instructed to report

TuEsDAY, AuousT 9, 1910.

887

back to the Senate with the recommendation that the same do pass, to-wit:
A resolution to authorize city of Atlanta to build certain viaducts over the right of way of the W. & A. H.R.
Respectfully. submitted,
J. W. McCLURE, Chairman.

The following House bills were read 3rd time and

put upon their passage:



By Messrs. Brown, Lawrence and Jones-
A bill to adopt and make of force the Code of Laws prepared by J. L. Hopkins.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Bowen Burwell Blackwell Burch Callaway of lOth Calhoun Collum Gordy

Griffith Harrell Harben Irwin Jackson Kemp King Longley

1\Iays Morris Mathews McLean McDowell McCurry McCollum McClure

888

JouRNAL oF THE SENATE.

Patterson Pitts Rutherford Rudicil

Slater Sellers Stevens "rard

'Vomble Wood

Those not voting were Messrs. :

Akin Callaway of 29th Cates Conley

Day Johnson McWilliams_ Priee

Thomps'on :r-.t:r. President

Ayes, 34; nays, 0.

The bill having received the requisite Constitutional majority was passed.

By Mr. Hall-

A bill to amend the Constitution so as to provide for succession of Governor of this State.

Report of the Committee was agreed to as amended.
Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

T'hos_e voting in the affirmative were Messrs:

Akin Bowen Burwell Blackwell Burch Callaway of 29th

Calhoun Collum Gordy Griffith Harrell Harben

Irwin Kemp King Longley Mays Morris

TuESDAY, AuGUST 9, 1910.

889

Mathews McLean Mc!fflwell McCurry McWilliams McCollum

McClure Patterson Pitts Rudicil Slater
~ellers

Stevens Thompson Ward Womble Wood

Those not voting were Messrs. :

Callaway of lOth Cates Conley

Day Johnson Jackson

Price RutheTford ~fr. President

Ayes, 35 ; nays, 0.

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

A bill to be entitled an Act to amend Paragraph 8, of Section 1, of Article 5, of the Constitution of Georgia.
The following amendment to the Constitution of the State of Georgia is hereby proposed by the House of Representatives of the General Assembly of said State: That Paragraph 8, of Section 1, of Article 5, of the Constitution of said State be amended by adding at the end of said Paragraph the following words, to-wit: "In case of a vacancy in the offices Qf President of the Senate and Speaker of the House of Representatives, the executive power of the government, until the removal of the disability on the election and qualification of the Governor, shall ?e exercised by the Secretary of State, and in

890

JOURNAL OF THE SENATE.

case that office be vacant, by the Comptroller Gen. eral." That when the above and foregoing amendment has b~en agreed to by two-thirds of the members of each House of the present Assembly, it shall be the duty of the Governor, and he is hereby directed to cause the same to b~ published in one or more newspapers in each Congressional District in this State, two months before the next general election; and the Governor of this State is further required and directed, after having said amendment so published as aforesaid, to submit the same to the people at said next general election for their ratification or rejection. The form of such submission shall be as follows, to-wit:

"For ratificatiQn of amendment to Paragraph 8, of Section 1, of Article 5, of the Constitution.''
"Against ratification of amendment to Paragraph 8, of Section 1, of Article 5, of the Constitution.' f

The amendment is as follows:

Amend bill by striking out all after the words ''to-.

wit" in the 7th line and before the word "That" in

the 15th line and inserting in lieu thereof, the words

''For the purpose of succession to the office of Gov-

ernor, the President of the Senate and the Speaker

of the House of Representatives shall continue in

office until their successors are elected and qual-

ified. ''

'''

TuESDAY, AuausT 9, 1910.

891

By Mr. McCarthy-
A bill to provide for the qualification of managers of elections in towns and cities of this State.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Lawrence-
A bill to alter and amend Section 194, of Volume 3, of the Code, in reference to punishment of the offense of larceny after trust.
Report of the Committee was agreed to.
Upon the passage of the bill 1the ayes were 25; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr.. Fullbright-
A bill to amend an Act to authorize and direct the publication of certain -Georgia Reports.
Report of the Committee was agreed to.

892

JouRNAL Oif THE SENATE.

Upon the passage of the bill the ayes were 25; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Fullbright-
A resolution to provide for the purchase of Georgia Reports, Volume 35 to 65, copyrights and plates from the Mitchie Company.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Faircloth-
A bill to amend Section 574 of Volume 1, of the Code.
Report of the Committee was agreed to as amended.
Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

TuESDAY, AuGusT 9, 1910.

893

Those voting in the affirmative were Messrs.:

Akin Bowen Calhoun Collum Conley Gordy Griffith Harrell Irwin

Kemp King Longley Mays ?of orris Mathews McLean McCurry Patterson

Price Pitts Slater Sellers Stevens Thompson Ward Womble Wood

Those voting in the negative were Messrs.:

Burwell Burch Cates

J"ackson McWilliams McCollum

McClure Rutherford RudicH

Those not voting were Messrs. :

Blackwell Callaway of lOth Callaway of 29tb

Day Harben Johnson

McDowell Mr. President

Ayes, 27; nays, 9.

The biU having received the requisite Constitutional majorit.)r was passed as amended, and the amendments are as follows:

By Mr. Upshaw-
A bill to amend an Act to amend an Act to provide for the creation and operation of local taxation for school districts.
Report of the Committee was agreed to.

894

JoURNAL OF THE SENATE.

Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Brown-
A bill to regulate the sanitary condition of hotels and lodging houses in this State.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 32; nays, 0.
':rhe bill having received the requisite Constitutional majority was passed.

By Mr. Brinson-
A bill to prevent the removal of personal property from this State held under a conditional purchase sale.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 24; nays, 1.
The bill having received the requisite Constitutional majority was passed as amended, and the amendments are as follows:

TuESDAY, AuausT 9, 1910.

895

By Mr. Harrell-

Amend title of bill by striking therefrom the following words: ''Or obstructing, hindering or delaying such vendor in the prosecution of his rights against said property.''
And amend Section 1 of said bill by striking therefrom the following words, to-wit: "Or obstruct, hinder or delay such vendor in the prosecution of his rights against. said property."
Amend by striking the words "without the consent of the vendor, or the approval of the said vendor" in 12th and 13th lines of Section 1.

By Messrs. Alexander and Field-

A bill for the protection of persons furnishing materials and labor for the construction of public works.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite Constitutional majority was paszed.

896

JoURNAL OF THE SENATE.

By Mr. Rosser-
A bill to cede lands in the county of Walker to the United States.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. McElreath-
A bill to amend the Act approved September 16, 1891, entitled an Act to incorporate the city of Hapeville.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Lawrence-
A resolution to authorize the State Librarian to furnish Reports to certain City Courts.
This resolution was -concurred in.

TuESDAY, AuousT 9, 1910.

897

By Mr. Hall-
A bill to amen<;! and construe an Act approved August 23rd, 1905, entitled an Act to amend Section 2388 of the Civil Code of Georgia, and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 31; nays, 0.
The bill having received the requisite Constitutional majority was passed.
House Bill No. 1084 was re-committed to the Committee on Counties and County Matters.
The hour of adjournment having arrived the Senate adjourned until 3 o'clock this afternoon.
The Senate met pursuant to adjournment at 3 o'clock; was called to order by the President.

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

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th

Calhoun Cates Collum Conley Gordy Griffith Harrell

Harben Irwin Johnson J:;.ckson Kemp King Longley

898

JOURNAL OF THE SENATE.

Mays Morris Mathews 1\lcLean McDowell McCurry McWilliams McCollmh

McClure I'atterson Price Pitts Rutherford Rudicil Slater
~ellers

Mr. Day was absent.

Stevens Thompson W:ard Womble Wood Mr. President

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

Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:
A bill to fix the salaries of the Judges of the Court of Appeals.
The House has concurred in the Senate amendments to the following bills of the House, to-wit:
A bill to regulate running of automobiles, etc., in this State.
A bill to provide that certain municipalities have authority to hold elections for local school taxation.
A bill to incorporate town of East End.
A bill to incorporate town of East Lake.

TuESDAY, AuousT 9, 1910.

899

Mr. Morris, Chairman of the Committee on Banks and Banking, submits the following report:

Mr. President:
The Committee on Banks and Banking has had under consideration the following bill of the House, which it instructs me to report back to the Senate with the recommendation that the same do not pass:
A bill to regulate legislative counsel, and for other purposes.
Respectfully submitted,
W. S. MoRRis, Chairman.

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

Mr. President:
The House has adopted the following resolutions of the House, to-wit:
A resolution for appointment of a Commission to consider a revision of the Judicial system of this State.
A resolution to widen Peachtree Street in the city of Atlanta, in this State.

900

JOURNAL OF THE .8ENATE.

A resolution to authorize Governor to accept lands on the Tallulah river.

The following resolutions were read 1st time:

By Messrs. MeCurry and Slater-

A resolution to authorize and empower the Gov/ ernor to accept, in the name of the State of Georgia,
certain land near Tallulah Falls.

Referred to Committee on General Judiciary~

The following resolution was read first time:

By Messrs: Pitts, Rudicil, Wood, et al-

Resolved, That the Committee on Rules meet and set House Bill No. 122 as soon as possible for the purpose of disagreeing to the report of the Committee, which is adverse to the passage of the bpi.

On the adoption of the resolution the ayes and nays were ordered.

Mr. Calhoun asked to be allowed to explain his vote, and on this the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akin Callaway of 29th Calhoun

Gordy Griffith hwin

King Longley Morris

'ruEsDA.Y, AuousT 9, 1910.

901:

Mathews McDowell

McCurry McCollum

:\icClure Price

Those voting in the negative were Messrs.:

Burch Callaway of lOth Conley Harrell Harben Johnson Jackson Kemp

Mays McLean 1,~c Williams Patterson Pitts Rutherford Rudicil Slater

Eellers Stevens Thompson \Vard Womble Wood

Those not voting were Messrs. :

Bowen Burwell Blackwell

Cates Collum

Day Mr. President

Ayes, 15 ; nays, 22.

The motion was lost.

Mr. Irwin asked leave to explain his vote and on this the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.:

Akin Bowen Callaway of 29th Calhoun

Coilum Irwin I,ongley Morris

McDowell McCurry McClure Price

Those voting in the negative were Messrs.:

Blackwell Burch Ca!J.away of lOth

Cates Conley Griffith

Harrell .Tohnson Jackson

902
Kemp King Mathews McLean McWilliams

JOURNAL OF THE SENATE.

Patterson Pitts Rutherford Rndieil Sellers

Stevens Thompson Ward Womble _Wood

Those not voting were Messrs. :

Burwell Day Gordy

Harben Mays McCollum

Slater Mr. President

Ayes, 11 ; nays, 24.

The right was denied him.

Mr. McDowell asked to explain his vote and on this the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Callaway of 29th Calhoun Collum

Irwin Longley Morris McDowell

McCurry McCollum McClure Price

Those voting in the negative were Messrs.:

Bowen

Johnson

Pitts

Blackwell

Jackson

Rutherford

Burch

Kemp

Rudieil

Callaway of lOth King

Slater

Cates

Mays

Sellers

Conley

McLean

Stevens

Griffith

MeWilliams

ward

Harrell

Patterson

Wood

..

"TUESDAY, AUGUST 9, 1910.

903

Those not voting were Messrs. :

Burwell Day Gordy

Harben Mathews Thompson

Ayes, 12; nays, 24.

Womble Mr. President

Mr. McCurry moved to re-consider the action in refusing to allow Mr. Irwin to explain his vote, and on this motion the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs. :

Akin Calh"oun Collum Irwin

Lcngley Morris McDowell McCurry

McCollum McClure Price

Those voting in the negative were Messrs:

Bowen Blackwell Burch Callaway of lOth cates Conley Griffith Harrell

:ohnson Jackson Kemp Mays Mathews McWilliams Patterson Pitts

Rutherford Rudicil Sellers Stevens Ward \\'ood

Those not voting were Messrs.:

BurMlll Callaway of 29th Day Gordy

Harben King McLean Slater

Ayes, 11; nays, 22.

'l'hompson Womble Mr. President

904

JOURNAL OF THE SENATE.

The motion was lost.

Mr. Jackson moved the previous question on the appeal from the decision of the Chair, on this motion the ayes and nays were ordered and the vote is as follows:

: Those voting in the affirmative were Messrs.:

Bowen Blackwell Burch Cal'laway of lOth Cates Conley Griffith Harrell Johnson

Jackson Kemp King Mays Mathews :McLean J\fc\Villiams Patterson Pitts

Rutherford Hudicil s:ater Sellers Stevens Thompson \\rard Womble Wood

Those voting in the negative were Messrs:

Akin Calhoun Collum Irwin

Longley Morris 1\IcDowell McCurry

McCollum McClure P1'ice

Those not voting were Messrs. :

Burwell Callaway of 29th

Jlay Gordy

Harben Mr. President

Ayes, 28; nays, 11.

The call was sustained.

The hour of adjournment having arrived the Senate stood adjourned until to-morrow morning at, 9:30 o'clock.

WEDNESDAY, AuGUST 10, 1910.

905

SENATE CHAMBER, ATLANTA, GEORGIA,

WEDNESDAY, AuGUST 10, 1910.

The Senate met pursuant to adjournment at 9:30 o'clock; was ~ailed to order by the President.
Prayer was offered by the Chaplain.
On motion the call of the roll was dispensed with.
On motion the reading of the Journal was dispensed with.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:

The House has adopted the following resolutions of the House, to-wit:
A resolution to notifv Senate that the House will be ready to adjourn sine die at six o'clock p. m.

A resolution to extend sympathy of General Assembly to Mayor Wm. J. Gaynor.

A

resolution

to

urge

Congress

to

pass

'
measure

to

establish a National Appalachian Forest Reserve,,,

906

JouRNAL oF THE SENATE.

The House has concurred in the Senate amendments to the following bills of the House:
A bill to prevent the removal of personal property from this State.
A bill to amend Section 574, Code 1895; relative to road duty.
The House has disagreed to the Senate amend-
ment to the following bill of the House:
A bill to provide for the succession to the Governorship under certain conditions.
The House has passed by the requisite Constitutional majority the following bill of the Senate as amended:
A bill to fix salaries of Solicitors-General of the several Judicial Circuits of this State.

ATLANTA, GA., AuGUST 10, 1910.
The following message was received from his Excellency, the Governor, through his Secretary, Mr. Larsen:

Mr. President:
I am directed by his Excellency, the Governor, to deliver to the Senate a sealed communication to

WEDNESDAY, AuGUST 10, 1910.

907

which he respectfully invites the consideration of your honorable body, in executive session.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has passed by the requisite Constitutional majority the following bill of the Senate:
A bill to empower Board of School Commissioners of Fort Valley to sell Grady Institute lot.
The House has failed to pass by the requisite Constitutional majority the following bill of the Senate.
A bill to incorporate the Lanier School District in Emanuel and Bullock Counties.
The following House Bill was read 3rd time and put upon its passage:

By essrs.-Brown, Alexander and McElreath-
A bill to appropriate $35,000 to the University of Georgia for the purpose of erecting building at the Technological school.
Report of the Committee was agreed to.

908

. JOURNAL OF THE SENATE.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Gordy Griffith

Harrell Harben Irwin Johnson Jackson Kemp King Longley Mays Morris Mathews McLean McCurry

1\fcWilliams McCollum McClure Patterson Pitts Hutherford Uudicil Slater Sellers Stevens Thompson Ward Womble

Those not voting were Messrs. :

Day McDowell

Price Wood

1\Ir. President

Ayes, 39; n_ays, 0.

The bill having received the requisite Constitutional majority was passed.

By Mr. Barrett-
A bill to appropriate $50.00 for the purpose of paying for water used by the House of Representatives for the year 1910.
Report of the Committee was agreed to by substitute.

WEDNESDAY, AuGUST 10, 1910.

909

Upon the pas~>age of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Callaway of lOth Callaway of 29th Calhoun Cates . Collum Conley Griffith liarben

Irwin Johnson Jackson Kemp King Longley '.Mays Morris MeLean McCurry McWilliams McCollum

McClure rutterson Price Pitts Rutherford Rudicii Sellers Stevens . Thompson Ward

Those not voting were Messrs. :

Burch Day Gordy Harrell

Mathews McDowell Slater Womble

Wood Mr. President

Ayes, 34; nays, 0.

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

By Messrs. Baker, Burch and Lewis- .
.A resolution to pay C. B. Weatherby, Stenographer of the joint House and Senate Committee to rearrange the Judicial Circuit.
Report of the Committee was agreed to.

910

JouRNAL oF THE SENATE.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Griffith Harben

Irwin Johnson .T::.ckson Kemp King Longley :.Mays Morris Mathews McLean McCuny Me Williams

McCollum McClure ratterson Price Pitts Rutherford R.udieil Sellers Stevens Thompson Wiard Womble

Those not voting were Messrs. :

Burch Day Gordy

H&rrell McDowell Slater

Wood Mr. President

Ayes, 36; nays, 0.

The resolution having received the requisite Constitutional majority was passed.

By Mr. J one~-
A resolution to make appropriation to meet the deficiency in the Printing Fund and to make the same immediately available.
Report of the Committee was agreed to.

WEDNESDAY, AUGUST 10, 1910.

911

Upon. the passage of the resolution the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Callaway of lOth _Callaway of 29th Calhoun Cates Collum Conley Griffith

Harben Irwin Jchnson Jackson Kemp J{ing Longley Mays McLean
~[cCurry
:McWilliams

.McCollum :\fcClure Patterson Pitts Uudicil Slater ~"llers Thompson Woard Wood

Those not voting were Messrs. :

Burch Day Gordy Harrell

Morris Mathews McDowell Price

Rutherford Stevens Wombllt Mr. President

Ayes, 32 ; nays, 0.

The resolution having received the requisite Con. stitutional majority ~as passed.

By Mr. Ford-
A resolution to refund J. C. Rogers $210.00 on bond of Eddie Harris, and for other purposes.
Report of the Committee was agreed to.

912

JOURNAL OF THE SENATE.

Upon the passage of the bill the ayes were 29; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Sheppard-
A bill to increase the efficiency of the inspection of fertilizers and feed stuffs of this State.
Report of the Committee was agreed to.

Upon the passage of the bill the ay.es and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley Gordy Griffith

.Tohnson .Tackson Kemp King Longley :Mays Morris Mathews McLean McCurry MeW illiams McCollum McClure

Patterson Price Pitts Rutherford Rudicil Slater Sellers Stevens Thompson \\Tomble Wood

Those voting in the negative were Messrs.:

Harrell

hwin

WEDNESDAY, AuousT 10, 1910.

913

Those not voting were Messrs. :

Day Harben

McDowell Ward

Mr. President

Ayes, 37; nays, 2.

The bill having receiv~ th3 requisite Constitutional majority was passed.

By Mr. Keith-

A resolution to pay Auditor and Stenographer in the investigation of the office of Public Buildings and Grounds.
Report of the Committee was agreed to.

Upon the passage of the resolution the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Calhoun Collum Conley Gordy Griffith Harben

Irwin .iohnson Jackson Kemp King Longley Mathews. McLean McDowell McCurry McWilliams McCollum

McClure Patterson Pitts Rutherford Rudicil Slater Sellers Stevens Tl:ompson Ward Womble Wood

914

JoURNAL OF "THE SENATE.

Those not voting were Messrs. :

Callaway of 29th Cates Day

Harrell Mays Morris

Price :Mr. President

Ayes 36; nays, 0.

The resolution having received the requisite Constitutional majority was passed.

By Mr. Hardeman-
A bill to amend the Act to prevent the adulteration of food, and for other purposes_.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Alexander, M-cElreath, et al-
A bill to amend the Act approved August 16, 1909, providing for the election of County School Commissioners by the people.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25 ; nays, 0.

WEDNESDAY, AuGUST 10, 1910.

915

The bill having received the requisite Constitutional majority was passed.

The fo1lowing House bill was taken up:

By Messrs. Vinson, Anderson and Persons-

A bill to fix the salaries of the Judges of the Court of Appeals.

The House refused to concur in the amendment which was offered by the Senate making the salary of said Judges $5,000.

Mr. Burwell moved that the Senate insist on its amendment, and on tl~e motion the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun

Collum Conley Gordy Irwin King Mays Mathews :McClure

Patterson

Price

Slater

Sellers

Stevens

'fhompson

.j.T

Ward

Wood

i -1

Those V<?ting in the negative were Messrs.:

Griffith Ha-rrell Harben .Jackson Kemp

Longley McLean McWilliams McCollum

Pitts

Rutherford

i

Rudicil

Womble

916

JOURNAL OF THE SENATE.

Those not voting were Messrs. :

Cates Day .Johnson

Morris McDowell

McCurry Mr. President

Ayes, 24; nays, 13.

The Senate insists on its amendment.

By Mr. Moss-
A bill to amend an Act creating Public Schools system for Marietta, in Cobb County.
Report of the Committee was agreed to as amended.
Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite Constitutional majority was passed as amended, and the amendments are as follows:
Mr. Slaton, of the 35th, amends House Bill No. 1067 by adding at the end of Section No. - - the following:
Provided, however, That this Act authorizing an increase in said tax levy shall not go into effect until ratified by a two-thirds majority vote of the qualified voters of said city, at an election to be ealled on

WEDNESDAY, AuGUST 10, 1910.

917

thirty days notice of the same, which notice shall be published once each week in the Marietta Journal, a newspaper of general circulation in said city.

-,By Mr. Johnson-

A bill to authorize the making and selling or giving away lem<>nade, milk shakes and ice cream in Young Harris.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having rec.eived the requisite Constitutional majority was passed.

By Mr. Calbeck-

A bill to incorporate the town of Ranger, in county of Gordon.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 29; nays, 0.
The bill having _received the requisite Constitu. ti<>nal majority was passed.

918

JOURNAL OF THE SENATE.

By Mr. Godley-
A bill to amend the charter of St. Marys.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30; .nays, 0.
The bill having rec:eived the requisite Constitutional majority was passed.

By Mr. Williams-
A bill to authorize the Council of the town of. Comer to hold an election for bonds for waterworks.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes w~re 30; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Ellison-
A bill to provide for fixing salary of the County Treasurer of Harris County.
Mr. Harrell moved to table the bill ; on this motion the ayes and nays ~ere ordered and the vote is as follows:

WEDNESDAY, AuGUST 10, 1910.

919

Those voting in the affirmative were Messrs.:

Akin Blackwell Griffith Harrell

McWilliams McClure Patterson Thompson

Ward Wood

Those voting in the negative were Messrs.:

Bowen Burwell Burch Calhoun Collum Gordy Irwin Jackson

Kemp King Morris Mathews McLean McDowell McCurry McCollum

Price Pitts Rudicil Slater Sellers Stevens Womble

Those not voting were Messrs. :

Callaway of lOth Callaway of 29th Cates Conley

Day Harben Johnson Longley

Mays Rutherford }fr. President

Ayes, 10; nays, 23.

The motion to table was lost.

Upon the passage of the bill the ayes were 21 ; nays, 6.
The bill not having received the requisite Constitutional majority was lost.

920

JOURNAL OF THE SENATE.

By Messrs. Simpson and McConnell-
A bill to amend the charter of the city of Buford, in Gwinnett County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25; nays, 0.
The bill having received the requisite Constituc tional majority was passed.

By Messrs. Jones and Keith-
A bill to incorporate the town of Durand, in Meriwether County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Paulk-
A bill to amend the charter of the city of Nashville, in Berrien County.
Report of the Committee was agreed to.

WEDNESDAY, AuausT 10, 1910.

921

Upon the passage of the .bill the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. White-
A bill to amend the Act fixing the term of tlie office of Commissioner of Pensions.
Report of the Committee was agreed to.
Upon the passage of the .bill the ayes were 25; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Rosser-
A bill to amend the charter of the city of LaFayette, by creating a water and light plant.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28; nays, 0.
The bill having received the requisite Constitutional majority was passed as amended, and the amendments are as follows:

922

JOURNAL OF THE SENATE.

Amend by striking out Sections 1, 2, 3, 4, 5 and 6 of the bill.
Amend the caption so as to read a bill to be entitled an Act.

By Mr. Sheppard-
A bill to authorize the s~retary of State to confer upon certain corporations the powers of Trust Companies.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. McCutchen-
A bill to regulate the manner of selecting official county newspapers.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 26; nays, 0.
The bill having received the requisite Constitutional majority was passed.

WEDNESDAY, AUGUST 10, 1910.

923

By Mr. Kendrick-
A bill to prevent the mending or keeping of tools for safe cracking, etc.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes .were 28; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Meadows-
A bill to amend an Act incorporating the town of Milan, in Telfair County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitu- tional majority was passed.

By Mr. PopeA bill to amend the charter of Barwick. Report of the Committee was agreed to.

924

JOURNAL OF THE SENATE.

Upon the passage of the Act the ayes were 27; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Burch:----:
A bill to create a new charter for the town of Dexter in Laurens county.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 24; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. McMahan-
A bill to require the County Commissioners, or Ordinaries, in all counties having therein a city of not less than 10,000 nor more than 12,000, to pay certain legal costs.
Report of the Committee was agreed to.
Upou the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite Constitutional majority was passed.

WEDNESDAY, AuousT 10, 1910.

925

By Mr. Walters-
A bill to incorporate the town of Berlin, in Colquitt county, Georgia.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Peacock-
A bill to amend an Act incorporating the town of Mitchells District, Pulaski County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23 ; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. FordA bill to establish City Court of Sylvester. Report of the Committee was agreed to.

926

JoURNAL OF THE SENATE.

Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite Constitu: tional majority was passed.

By Mr. Ford-
A bill to repeal an Act establishing the City Court of Sylvester.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 32; nays, 0.
The bill having received the requisite Constitut~onal majority was passed.

By Mr. Alexander-
A bill to amend the charter of the town of Decatur, in DeKalb County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30; nays, 0.
The bill having received the requisite Constitutional majority was passed.

WEDNESDAY, AuousT 10, 1910.

927

By Mr. Vinson-
A bill to authorize the Board of Trustees of the Georgia State Sanitarium to establish a training school, and for other purposes.
Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Callaway of lOth Callaway of 29th Cates Collum Conley Gordy Griffith Harben

Irwin Johnson Kemp IGng Longley Mays Morris Mathews McLean McDowell McCurry McWilliams

McCollum McClure Pitts Rutherford Rudicil Slater Sellers Stevens 'l'hompson Ward Womble \Yood

Those not voting were Messrs. :

Burch Calhoun Day

Harrell Jackson Patterson

Price Mr. President

Ayes, 36; nays, 0.

The bill having received the requisite Constitutional majority was passed.

928

JOURNAL OF THE SENATE.

The following Senate Bills were taken up with House amendment and the amendme:Qt was concurred in:
By Mr. Harrell-
A bill to amend Section 377, of Volume 3, of the Penal Code of 1895.
The amendment is as follows:
By striking the word 20 and substituting the word 10 whenever the same appears on the maximum term of imprisonment.

By Mr. Harrell-
A bill to provide an Act to prohibit the shooting at, toward or into any occupied dwelling house in this State.
The amendment is as follows:
Amend the caption and Section 1 of the bill by striking from both the words of another, and inserting in lieu thereof the following words ''or under other circumstances of justification."

By Mr. Hall-
A resolution to appoint a Commission relative to receiving offers for old Governor's Mansion and looking for new site for same.

WEDNESDAY, AuGuST 10, 1910.

929

Report of the Committee was agreed to as amended.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

'l_lhose voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Callaway of lOth Calhoun Cates Collum Conley Gordy

Irwin .Johnson Jackson King Longley Mays Morris Mathews McDowell

McCurry McCollum McClure Price Pitts Rudicil Slater Stevens Womble

Those voting in the negative were Messrs.:

Griffith Harrell Kemp

McLean McWilliams Rutherford

Thompson War<) Wood

Those not voting were Messrs. :

Burch Callaway of 29th Day

Harben T"atterson

Sellers Mr. President

Ayes, 28; nays, 9.

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

930

JouRNAL oF THE SENATE.

, Strike out of line 3 the words 5 citizens of the State of Georgia, and inserting in place of the: same the words ''eight members of the present General Assembly.''

By Messrs. McElreath, Alexander and Brown-
A resolution to widen Peachtree street, in the city of Atlanta.
This resolution was concurred in.
The following Senate resolutions were read and adopted:

By Mr. Mathews-
A resolution, That the regular per diem for the session of 1910 be paid to Ron. M. E. Collum, Senator from 13th District.

By Mr. Mathews-
A resolution, That the Keeper of Public Buildings be required to have the portraits of the former Presidents of the Senate placed on the walls of the Senate.
The hour of 1 o'clock having arrived, the following bill was taken up, which is a Senate bill with House amendments :

WEDNESDAY, AuousT 10, 1910.

931

By Messrs. Gordy, Womble and Harrell-
A bill to ,fix the salary of the Solicitor-General of this State.
The hour of adjournment having arrived, the Senate stood adjourned until this afternoon at 3 o'clock.
The Senate met pursuant to adjournment at ,3 o'clock; was called to order by the President.
By unanimous consent the following bill of the House was re-considered, which was defeated this mornmg:

By Mr. Ellison-
A bill to fix the salary of the Treasurer of Harris County.
rt'he following House bills were read 3rd time and put upon their passage:

By Mr. Alexander-
A bill to dispense with recording in Superior Court executions docket of executions issuing from other courts, or the entries thereon, and to provide that it shall be sufficient to record the same on .the General Execution Docket.
Report of the Committee was agreed to.

932

JouRNAL m' THE SENATE.

Upon the passage of the bill tlie ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates Collum Conley

Griffith Harrell Harben Irwin Jackson Kemp King Mathews McLean McDowell Me Williams

McCollum McClure Patterson Pitts Rutherford Slater Sellers Stevens Thompson Womble

Those not voting were Messrs. :

na~
Gordy Johnson Longley

~fays
Morris McCurry !'rice

Rudicil Ward Wood Mr. President

Ayes, 32 ; nayS', 0.

The bill having received the requisite Constitutional majority was passed.

By Mr. Ellison-

A bill to provide for fixing the salary of the Treasurer of Harris County.
Report of the Committee was agreed to.

'VEDNESDAY, AuausT 10, 1910.

933

Upon the passage of the bill the ayes and nay8 were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth Callaway of 29th Calhoun

Cates Conley Harben Irwin King Mathews McLean McDowell

McCollum McClure Pitts Rutherford Slater Stevens Womble Wood

Those voting in the negative were Messrs.:

Griffith Harrell
Jackson

Patterson Sellers

Thompson Ward
''

Those not voting were Messrs. :

Collum Day Gordy Johnson Kemp

Longley Mays Morris McCurry McWilliams

Ayes, 24; nays, 7.

Price Rudicil Mr. President

The bill having received the requisite Constitutional majority was passed.

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

934

JouRNAL OF THE SENATE.

Mr. President:
The House has passed by the requisite Constitutional majority the following bill of the Senate:
A bill to provide a method for assessing and collecting taxes in certain cases.
The House has adopted the following resolution of the Senate, to-wit:
A resolution to pay Hon. M. E. Collum full per diem for the session of 1910.
The following House resolution was read and adopted:
!
By Messrs. McArthur, Peacock, Persons and Wright-
A resolution urging passage in Congress of National Appalachian Forest Reserve.
The following Senate resolution was read:

By Mr. Harrell-
A resolution instructing the Committee on Rules to place House Bill No. 197 upon the Calendar.

Upon the passage of the resolution the ayes and nays were ordered and the vote is as follows :

WEDNESDAY, AuGUST 10, 1910.

935

Those voting in the affirmative were Messrs.:

Bowen Blackwell Burch Callaway of lOth Callaway of 29th Calhoun Cates

Harrell .Jackson King Mays Mathews McLean
~fcWilliams

Patterson Pitts
~eners
Stevens ward Womble Wood

Those voting in the negative were Messrs.:

Akin Burwell Collum Conley Griffith

Harben Irwin Longley Morris McCurry

l'.!cCollum McClure Pr:ce Slater Thompson

Those not voting were Messrs. :

Day Gordy Johnson

Kemp McDowell Rutherford

R.udicil Mr. President

Ayes, 21; nays, 15.

The resolution was adopted.

Mr. McCurry moved to re-consider the action of the Senate in adopting the foregoing resolution.

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

Those voting in the affirmative were Messrs.:

Akin Burwell

Calhoun Conley

Griffith Irwin

936

JouRNAL OF THE SENATE.

J..ongley Morris McDowell

:McCurry McCollum

McClure Price

Those voting in the negative were Messrs.:

Bowen Blackwell Burch Callaway of lOth Callaway of 29th Cates Harrell Harben

.Taekson King :Mays Mathews :McLean McWilliams Pattersoll Pitts

Hudicil Slatt>r Sellers Stevens Thompson Ward Womble Wood

Those not voting were Messrs.:

Collum Day Gordy

Jllhnson Kemp.

Rutherford Mr. President

Ayes, 13; nays, 24.

The motion was lost.

The following House bills and resolutions were read 3rd time and put upon their passage:

By Messrs. Alexander, Brown and M-cElreath-
A resolution to authorize the city of Atlanta to build certain viaduct over the right of way of the W. & A. R. R.
Report of the Committee was agreed to.

WEDNESDAY, AuGusT 10, 1910.

n:n

Upon the passage of the bill the aY:es were 25; nays, 0.
The bill having received the requisite Consti tu
tional majority was passed.

By Mr. Stubbs-
A resolution to provide for the bringing up of the unfinished business of the House and Senate.
This resolution was adopted.

By Mr. Barksdale-

A bill to fix the salary of the Stenographer of the Treasurer's office.
Mr Harrell offered the following amendment: By striking figures $1,800 and inserting $1,200.

On this amendment the ayes and nays were &rdered and the vote is as follows:

Those voting in the affirmative were Messrs:

Bowen Blackwell Conley Griffith Harrell Harben

.Jackson Mays McCurry McWilliams Patterson Pitts

Thompson W.ard Wombl11 Wood

.. ' ~

938

JouRNAL OF THE SENATE.

Those voting in the negative were Messrs.:

Akin Burwell Burch Callaway of lOth CaTiaway of 29th Irwin

King Longley :Morris Mathews l\IcLean McDowell

McCollum McClure
~:'later
Sellers Stevens

Those not voting were Messrs. :

Calhoun Cates Collum Day

Gordy Johnson Kemp Price

Ayes, 16; nays, 17.

Rutherford Rudicil Mr. President

The amendment was lost.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Akin Burwell Burch Callaway of lOth Callaway of 29th Irwin

Longley Morris Mathews McLean McDowell 1\IcCurry

McClure Price Slater Sellers Stevens W1ard

Those voting in the negative were Messrs.:

Bowen Blackwell Conley Griffith Harrell

Harben .lackson Mays McWilliams .Patterson

Pitts Thompson wood

WEDNESDAY, AuGusT 10, 1910.

939

Thuse not voting' were Messrs. :

Calhoun Cates Collum Day Gordy

.Tohn_son Kemp King Jl,fcCollum Rutherford

Rudicil Womble 1\Ir. President

Ayes, 18; nays, 13.

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

ATLANTA, GA., AUGUST 10, 1910.
The following message was received from his Excellency, the Governor, through his Secretary, Mr. Larsen:
Mr. President:
I am directed by his Excellency, the Governor, to deliver to the Senate the accompanying communication, to which he respectfully invites the consideration of your honorable body:
ATLANTA, GA., AuGusT 10, 1910.
To the Honorable Senate:
I have the honor to advise that I have approved and signed the following Acts and Resolutions passe.d by your honorable body at its present session, to-wit:

940

JOURNAL OF THE SENATE.

An Act to make it unlawful to run 'traction engines
on public roads in Thomas and Grady Counties.
An Act to incorporate town of Uvalda.
An Act to incorporate town of Jasper.
An Act incorporating town of Crawford.
An Act to incorporate the city of Crawford.
An Act to change the time of holding Superior Court in Hart County.
An Act to authorize Chairman of Board of University of -Georgia to designate and appoint members from Board on branch colleges.
An Act to make President of Board of Trustees State Normal School ex-officio member of Board of Trustees of University of Georgia.
An Act to amend Act incorporating City Court of Washington.
An Act to repeal charter town of Roberta.
An Act to incorporate city of Roberta.
An Act to incorporate town of Alston.
An Act to amend an Act incorporating town of White Plains.

WEDNESDAY, AUGUST 10, 1910.

941

An Act to amend the Constitution so as to increase salaries of Judges in certain counties.
An Act to amend an Act incorporating city of Dalton.
An Act to amend an Act incorporating town of Shadydale.
An Act to authorize Roads and Revenues Commissioners of Glynn to fix or change salary of its Clerk.
An Act to amend an Act incorporating town of Soperton.
An Act to provide for control of cemeteries in counties having a population of 125,000.
An Act to amend charter of town of Lexington.
A Resolution proposing to ratify an amendment to the Constitution of the United States.
A Resolution to repay W. C. Allen, Oil Inspector.
JosEPH M. BRowN, Governor.

The House has disagreed to the Senate amendment to the following bill of the House:
~ A bill to amend charter of town of LaFayette.

942

JOURNAL OF THE SENATE.

The House has concurred in the Senate substitute to the following bill of the House:
A bill to appropriate $50.00 for water used by the House.
The House has concurred in the Senate amendment to the following resolution of the House:
A resolution to appoint a Commission to receive bids on the Governor's Mansion.
The House has concurred in the Senate amendment to the following bill of the House:
A bill to amend an Act to create a Public School system for Marietta.
The following message was received from tl1e House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the Senate, towit:
A bill to make it a misdemeanor to obtain accommodations from hotels, etc., with intent to defraud.
A ,bill to provide for dissolution of corporations.

\V"EDNESDAY, AUGUST 10, 1910.

943

A bill to make it unlawful to sell near beer, etc., in Coffee county.
The House has failed to pass hy th.e requisite Constitutional majority the following bill of the Senate:
A hill to authorize State Board of Entomology to employ assistants.
The House has passed by the requisite Constitutional majority the following bill of the Senate by substitute, to-wit:
A bill to amend Section 420, Penal Code 1895, relative to running freight trains on Sunday.
Mr. Conley, Chairman of the Cqmmitt!'le on Enrollment, submitted the following report:

Mr. President:

The Committee on Enrollment report as duly en~

rolled and ready for the signature of the President

of the Senate, and Speaker of the House of Repre-

'

sentatives the following bills, to-wit:

A bill to amend an Act requiring the Board of Commissioners of Roads and Revenues to pay the officers of the Superior Court of Stewart county and the City Court of Lumpkin and Justices and Constables of said county certain legal costs.

944

JOURNAL OF THE SEN ATE.

A bill authorizing the Commissioners of Commons of the city of Columbus to convey said city the title to certain common land.
A bill to provide for two weeks session of the Superior Court of Emanuel county, Georgia.
A bill to restrict the jurisdiction of the City Court . of Baxley.
A bill to change the time of holding Dawson Superior Court.
A bill to amend an Act establishing the City Court of Swainsboro.
A bill to allow County Commissioners in certain counties to condemn land for road purposes.
A bill to amend the charter of the city of SpaJ;ta.
Respectfully submitted,
F. E. CoNLEY, Chairman.

Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
The Committee on Enrollment report as being duly signed by the President of the Senate and

WEDNESDAY, AuousT 10, 1910.

945

Speaker of the House of Representatives, and transmitted to the Governor the following Acts, to-wit:
An Act to amend an Act requiring the Board of Commissioners of Roads and Revenues to pay the officers of the Superior Court of Stewart county and the City Court of Lumpkin and Justices and constables of said county certain legal costs.
An Act authorizing the Commissioners of the city of Columbus to convey to said city the title to certain common land.
An Act to provide for two weeks session of the Superior Court of Emanu~l county, Ga.
An Act to restrict the jurisdiction of the City Court of Baxley.
An Act to change the time of holding Dawson Superior Court.
An Act to amend an Act establishing the City Court of Swainsboro.
An Act to allow County Commissioners in certain counties to condemn land for road purposes.
An Act to amend the charter of the city of Sparta.
Respectfully submitted,
F. E. CoNLEY, Chairman.

946

JOURNAL OF THE SENATE.

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

1vlr. President:
The House has failed to pass by the requisite Constitutional majority the following bill of the Senate.
A bill to increase the salaries of the Justices of the Supreme Court.
The following message was received from the House through Mr. Boif~uillet, the Clerk thereof:

Mr. President:
The House has adopted the following resolution of the House.
A resolution to notify the Senate that the House has completed its work and is now ready to adjourn sine die.
The following House bill was read 3rd time and put upon its passage:

By Mr. Persons-
A bill to revise the school law so as to substitute a County Superintendent of Schools for County Commissioner.

WEDNESDAY, AuousT 10, 1910.

947

Mr. Irwin moved to indefinitely postpone the bill and on this motion the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Blackwell Burch Callaway of lOth

Conley Harrell Irwin Morris McCnrry Price

Pitts Hudicil Slater Thompson "'ood

Those voting in the negative were Messrs.:

Callaway of 29th Collum Griffith JKckson I\:(mp King

Longley Mays l\<Iathews Me Lean :Me Dowell
~fcWilliams

1\IcCollum McClure PattersonSellers Steyens
Wombl~t

Those not voting were Messrs. :

Calhoun Cates Day

Gordy Harben .Johnson

Rutherford
"\\~ard
Mr. President

Ayes, 17; Nays, 18.

The motion was lost.

The following House bill was taken up with Senate amendment for the purpose of receding from its amendment.

948

JouRNAL oF THE SENATE.

By Mr. Rosser-
A bill to amend the charter of the city of LaFayette.
On motion the Senate receded from its amendment.
By unanimous consent the following bill of the House was taken up, read 3rd time and put upon its passage:

By Mr. Rosser-:-
A bill to amend Section 982 of the Code so as to add the town of Ringgold to the list of State Depositories.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 31, nays, 0.
The bill having -received the requisite Constitutional majority was passed.
The following is the special order set for this hour:

By Mr. HallTo create an auditor of State accounts..

WEDNESDAY, AuausT 10, 1910.

949

Mr. McCurry moved to table the bill and on this motion the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Burwell Burch Collum Harben Irwin

King Morris McCurry McCollum McClure

Price Pitts RudicH Thompson Wood

Those voting in the negative were Messrs.:

Akin Bowen Blackwell Callaway of lOth Griffith Harrell

.Jackson Kemp I,ongley 1\i:ays Mathews McLean

McWilliams Patterson Slater Sellers Stevens Womble

Those not voting were Messrs. :

Callaway of 29th Calhoun Cates Conley

Day Gordy .Jc.hnson McDowell

Rutherford Ward Mr. President

Ayes, 14; Nays, 18.

The motion was lost.

Upon the passage of the bill by substitute the Pyes and nays were ordered and the vote is as follows:

950

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messts.:

Akin Bowen Burwell Burch Callaway of lOth Collum Conley Griffith Harrell

Harben Irwin .lackson Mays Morris Mathews l\lcLean McWilliams McCollum

McClure Price Pitts Rudicil Slater 3ellers Thompson Womble Wood

Those not voting were Messrs. :

Blackwell Callaway of 29th Calhoun Cates Day Gordy

Johnson Kemp King Longley McDowell McCurry

l':Jtterson Hutherford Stevens W.ard Mr. President

Ayes, 27 ; Nays, 0.

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

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

Mr. President:
The House has adopted the following resolution of the House:
A resolution to notify the Senate that the House will adjourn at 8 :30 p. m.

WEDNESDAY, ..AUGUST 10, 1910.

951

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

Mr. President:
The House insists on its disagreement to the Senate amendment to the following bill of the House:
A bill to fix salary of judges of the Court of Appeals.
By unanimous consent the following bill of the House was read 3rd time and put upon .its passage:

By Mr. Drawdy-
A bill to amend Section 5261 of the Code relative to witnesses.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25, nays, 0.
The bill having received the requisite Constitutional majority was passed.
The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof:

952

JoURNAL 01' THE SENATE.

Mr. President:
The House has adopted the following resolution of the House :
A resolution that General Assembly will adjourn at 10 o'clock.
The House has disagreed to Senate substitute to the following bill of the House:
A bill to create an auditor of State accounts.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

11!r. President:
The House has adopted the following resolution of the Senate :
A resolution requesting certain information regarding accounts of I. M. Douthit.
The House has adopted the following resolution of the House :
A resolution that General Assembly adjourn at 10:15 p.m.
The House has refused to appoint a conference committee on the following bill of the House;

WEDNESDAY, AuousT 10, 1910.

953

A bill to fix salaries of Judges of Court of Appeals.
The following House bill was taken up with Senate amendment in which the House refuses to concur, the Senate insists on its amendments, and asks for a committee on conference.

By Messrs. Vinson and others-
A bill to fix the salaries of the Judges of the Court of Appeals.
Conference Committee on the part of the Senate are Senators Burwell, Slater and Thompson.
The following House bill was taken up, read 3rd time and put upon its passage:

By Mr. Persons-
A bill to revise the school laws so as to substitute a County Superintendent of Schools for County Commissioner of Education.
Report of Committee was agreed to as amended.
Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

954

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messrs.:

Burwell Burch Callaway of lOth Callaway of 29th Griffith Jackson

King Longley :Mathews McLean
~.fcDowell
McCurry

McWilliams :McClure FHts Stevens Womblo Wood

Those voting in the negative were Messrs.:

Akin Bowen Harrell

hwin l\JcCollnm Price

Rudicil Slater Thompson

Those not voting were Messrs. :

Blackwell Calhoun Cates Collum Conley Day

Harben .Johnson Kiimp :Mays Morris

Ayes, 18; Nays 8.

Patterson Rutherford Sellers w,ard Mr. President

The bill not having received the requisite Constitutional majority was killed.
The following resolution was offered:

By Mr. Burwell-
Resolved, That the General Assembly adjourn sine die at 10:45 p. m.

wEDNESDAY, AuousT 10, 1910.

955

Upon the adoption of this resolution the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.:

Akin Bowen Burwell Burch Callaway of lOth Collum Conley

Griffith Irwin Morris McLean McCurry McCollum McClure

Prico Rudicil f'later Stevens Thompson Wood

Those voting in the negative were Messrs.:

Callaway of 29th Harrell Jackson

King Mathews McWilliams

Pitts Sellers

Those not voting were Messrs. :

Blackwell Calhoun Cates Day Gordy Harben

Johnson Kemp Longley Mays McDowell Patterson

Rutherford Ward Womble Mr. President

Ayes, 20; Nays, 8.

The resolution was adopted.

Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:

956

JOURNAL OF THE SENATE.

Mr. President:
The Committee on Enrollment report as duly enrolled and ready for t4e signature of the President of the Senate and Speaker of the House of Representatives the following bills and resolutions, towit:
A bill to create and incorporate the city of Cuthbert.
A bill to provide a method of collecting taxes where such taxes are authorized and no adequate provision made for giving the tax payer notice.
A bill to authorize the Board of School Commissioners of Fort Valley to sell the property known as Grady Institute lot.
, A bill to provide ior the proper protection of ~:;inking funds of municipal corporations.
A bill to create the office of State veterinarian.
A bill to provide for the collection of past due taxes to the State, counties and municipalities.
A bill to amend Section 377 of Volume 3 of Penal Code, which defines the crime of Bigamy.
A bill to authorize electric, street, suburban and interurban railroad companies to acquire by purchase, lease, etc., the stock, property, rights and franchises of other such corporations.

WEDNESDAY, AuousT 10, 1910.

957

A bill to prohibit the shooting at, toward or into any occupied dwelling house, with any gun, pistol, rifle, etc.
A bill to change the time of holding the Superior Court of Marion county.
A bill to make unlawful the sale of near beer in Coffee county.
A bill making it a misdemeanor to obtain food, lodging or other accommodations at any hotel, inn or boarding house with intent to defraud.
A bill t.o provide for dissolution of corporations.
A resolution to approve the idea of a World's Panama Exposition and endorsing New Orleans as the logical point to hold same.
A resolution to pay Mrs. Catherine Murray, widow of late Senator Murray $200.00.
A resolution requesting certain information regarding the accounts of S. M. Douthit, former Tax Collector of Fannin county.
A resolution to pay Hon. M. E. Collum full per diem for the session of 1910.
Respectfully submitted,
F. E. CoNLEY, Chair~an.

JOURNAL OF THE SENATE.
Mr. Conley, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
The Committee on Enrollment report as being duly signed by the President of the Senate and Speaker of the House of Representatives, and transmitted to the Governor, the following Acts and resolutions, to-wit:
An Act to create and incorporate the city of Cuthbert.
An Act to provide a method of collecting taxes, where such taxes are authorized and no adequate provision made for giving the tax payer. notice.
An Act to authorize the Board of School Commissioners of Fort Valley to sell the property known as Grady Institute lot.
An Act to provide for the proper protection of sinking funds of municipal corporations.
An Act to create the office of State veterinarian.
An Act to provide for the collection of past due taxes to the State, counties and municipalities.
An Act to amend Section 377 of Volume 3 of Penal Code, which defines the crime of Bigamy.

WEDNESDAY, AuausT 10, 1910.

959

An Act to authorize electric street, suburban and interurban railroad companies to acquire by purchase, lease, etc., the stock, property, rights and franchises of other such corporations.

An Act to prohibit the shooting at, toward or into any occupied dwelling house, with ~my gun, pistol, rifle, etc.
An Act to change the time of holding the Superior Court of Marion county.
An Act to make unlawful the sale of near beer in Coffee county.

An Act making it a misdemeanor to obtain food, lodging or other accommodations at any hotel, inn or boarding house, with intent to defraud.
An Act to provide for dissolution of corporations.

A resolution to approve the idea of a World's Panama Exposition and endorsing New Orleans as the logical point to hold the same.

A resolution to pay Mrs. Catherine Murray, widow of late Senator Murray $200.00.

A resolution requesting certain informat'ion regarding the accounts of S. M. Douthit, former Tax Collector of Fannin county.

960

JOURNAL OF THE SEN ATE.

A resolution to pay Hon. M. E. Collum full per diem for the session of 1910.
Respectfu11y submitted,
F. E. CoNLEY, Chairman.

The President appointed the fo11owing as the members of C(jmmission on part of the Senate under House Resolution No. 295 relative to sale of old Governor's Mansion, to-wit:
Messrs. Mathews, Jackson and McCollum.
The following message was received from the House through Mr. Boifeuillet; the Clerk thereof:
Mr. President :
The House has adopted the fo11owing resolution of the Senate.
A resolution that the General Assembly adjourn at 10:45 p.m.
The following House bill was read 3rd time and put upon its passage:
By Mr. Alexander-
A bi11 to be entitled an Act to regulate the em-

WEDNESDAY, AuGUST 10, 1910.

961

ployment of minors in any messenger service whatever.
Report of the Committee was agreed to.

Upon the. passage of the hill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.:

Bowen Burwell Burch Callaway of lOth Callaway of 29th Conley Griffith Harrell

Jackson King Mathews McLean McWilliams McClure Pitts Hnnie1l

Slater Sellers Stevens Thompson ""ard Womble Wood

Those voting in the negative were Messrs.:

Akin Irwin

McCurry

Price

Those not voting were Messrs. :

Blackwell Calhoun Cates Collum Day Gordy

Harben .Jchnson Kemp Longley Mays Morris

Ayes, 23 ; Nays, 3.

McDowell McCollum Patterson Rutherford :Mr. President _..

The hill having received the requisite Constitutional majority was passed.
The hour of adjournment having arrived the Senate adjourned sine die.

INDEX
TO THE
SENATE JOURNAL
FOR THE
YEAR 1910

INDEX

SENATE BILLS

ADJOURNMENT ____ ------------------------------

961

APPROPRIATIONS __________ -_- __ --_---------- __ --

BANKS-

A bill to prescribe the legal effects of instruments in the form of bank checks payable ~t a fixed date-------------------------------300 165 799 296
A bill to amend Section 982 of the Code adding Canton to the list of State depositories _________ 325 409 426
A bill to prohibit any person, firm or corporation doing business in this State from using the word Trust in the title, unless same is under the supervision of the State Bank Examiner- _______ -_-_-- 407 598

BONDS-

CODE AMENDMENTS-

A bill to amend Section 3761 of the Code __ -_-_-___

8

A bill to amend Section 3667 of the Code ______ 8 200 240

A bill to amend Section 341-Vol. 3, of the Code____ 9 135

211 239

A bill to amend Section 2766 of the Code__________

121

A bill to amend Section 4732 of the Code ______ ~ ___ 123 126

A bill to amend Section 2615 of the Code __________ 141 146

A bill to amend Section 1376, Vol. 2 of the Codec ___ 166 5.59

A bill to amend Section 50, Vol. 1 of the COde ____ _~

166

966

INDEX.

CODE AMENDMENTS-Continued.

A bill to amend Section 2886 of the Civil Code______

-166

A bill to amend Section 2181 of the Code __________ 201 238

A bill to amend Section 1496 of the Code _____ 212 318 409

A bill to amend Section 420 of the Penal Code_ 27 5 336 355

A bill to amend Section 4402 of the Civil Code_____

289

A bill to amend Section 5308 and 5309 of the Civil

Code________________________________________

289

A bill to amend Section 2166 of the Code----------290 337

A bill to amend Section 2615 of the Code------"----325 559

A bill to amend Section 5018 of the Code _________ -463 529

A bill to amend Section 2166 of the Code___________ 594 613

A bill to amend Section 5393 of the Code ___ _ ______

620

A bill to amend Section 377, Vol. 3________________

928

COUNTIES AND COUNTY MATTERS-

A bill to prescribe the time when suits, action~ in

Counties other than defendants residence shall

become binding upon third parties_____________

104

A bill to provide for the working of public roads in

Crawford Co----------------------------------

558

A bill to make it unlawful to sell near beer in Coffee

CountY--------------------------------------594 822 A bill to require authorities in charge of County af-

fairs in counties having cities of 10,000 population to pay certain common costs ______________ 594 744 797

COMMITTEES SPECIAL-

Committee to prepare resolutions on the death of

Senator Murray----------------------~--------

126

Committee to prepare resolutions on the death of

Senator Ward_ - - ~-------------- ~-------------

126

INDEX.

967

COMMITTEES SPECIAL-REPORTS.

Report of the New Code Commission______________

97

Report of <rommittee to rearrange the Judicial Cir-

cuits of the State_____________________________

107

Report of Special Committee t~investigate the State

Sanitariurn_ _________________________________ __

17 6

Report of Committee to secure full and fair returns

and valuations of property_____________________

197

Report of Committee to investigate the Convict

Camps_______________________________________

248

Report of Committee on salaries of Judges and

Solicitors-GeneraL ____________________________

302

Report of Committee on SenateBill No. 197--------

340

Report of Committee to investigate the School for

Deaf at Cave Spring__ -------------------------

463

Report of Committee on House Resolution No. 203_

468

Report of Committee to prepare a memorial of Jesse

S. Ward, Jr., Senator from 7th Dist_____________

470

Report of Committee on University of Georgia and

Branches-----------------------------

548

COMMITTEES STANDINGReport of Committee Qn Engrossing_ -106 130 1_48 187 203 209 255 261 280 284 313 353 374 383 396 415 451 504 553 583 611 635 719 739 781 804 840 895 Report of Special Judiciary Committee 107 165 246 270 328 391 452 504 609 634 636 783 815 Report of Committee on Corporations- _128 129 210 263 264 316 384 41.5 427 481 509 554 581 649 713 738 741 776 780 818 838 863

968

INDEX.

COMMITTEES STANDING-Continued.

Report of Committee on Appropriations- _131 187 3~

427 547 582 841 854 872 Report of General Judiciary Committee _______ 131 132

1i9 192 257 273 286 314 338 339 341 375 414 482 503 58::1

585 640 740 775 777 806 877

Report of Committee on County and County Matters_148 247

262 285 312 329 430 431

485 485 486 509 560 579 580

643 643 691 745 747 785 805 817 837 Report of Committee on Education ____ 149 317 428 429

512 560 648 746 785 836 Report of Committee on Banks__ 186 37 3 429 578 841

899

Report of Committee on Railroads_ _ ______________

194

Report of Committee on Agriculture_ -204 431 587 637

638 839 840 Report of Committee on Rules ____________ 242 488 761

Report of Committee on Pensions----------------247 639 Report of Committee on W. & A. R. R. -----------272 886 Report of Committee on Finance- -272 315 495 820 820

Report of Committee on Temperance ________ - _____ 286 786

Report of Committee on Hygiene and sanitation 313 781 838

Report of Committee on Constitutional Amendment 316 339 372 737

Report of Committee on Enrollment __ 346 346 392 393 483 484 692 693 713 718 742 743 873 874 943 944 955 958

Report of Committee on Immigration and Labor ____

495

INDEX.

COMMITTEE STANDING-Continued.

Report of Committee on Public Property____ _______

556

Report of Committee on Public Library__ -- __ - ___ --

694

Report of Committee on University of Georgia______

738

Report of Committee on State Sanitarium__________

784

Report of Committee on Public Printing___________

864

COMMITTEES- Minority reports.

Report of Minority on House Bill No. 45_ __________

287

Report of Committee on Senate Bill No. 24L_______

770

Communications _________________________ _4 9 152 212:

CONSTITUTION AT... AMENDMENTS-

A bill to amend the Constitution of Georgia, by re-

pealing paragraph 1, Sec. 9--------------------

116.

A bill to amend the Constitution by repealing para-

graph 1, Sec. 9 of Art. 3----------------------

118.

A bill to amend Paragraph 1, Sec. 2 of Art. 8 of the

Constitution relative to the salary of State School

Commissioner_____________________ -_-----_____

244

A bill to amend Paragraph 1, of See. 13 of Art. 6, regulating salaries of Judges of Supreme and Su-

perior Courts_ ----------------------678 351 376 385.

A bill to amend Paragraph 1, Sec. 9. Art. 6 of the

Constitution_- ____________ -_-----------------_

353.

A bill to amend Art. 2, Sec. 1 Paragraph 2 of the

Constitution_________ - __ ----------------------

593

A bill to amend Art. 7, Sec. 3, Paragraph 1 of the Constitution___________ ------------------ 709 744 765-

A bill to amend Paragraph 1 Sec. 1 Art. 7, relative to

pensions of Confederate Veterans_____ --_---_____

816.

:970

INDEX.

I.

COUNTY COMMISSIONERs-
~ bill to allow County Commissioners in certain counties to condemn lands______________ 212 259 612
A bill to authorize the Board of Roads and Revenue for Glynn County to fix the salary of the Clerk of said Board __________________________________ A07 .530
A bill to amend the Act authorizing the County Commissioners of Stewart County to pay county officers certain costs- ____________________________ 559 598 653

COUNTY OFFICERS--

A bill to require all County Commissioners and Ordi-

naries to pay costs to officers in certain cases____

120

COURTS, COUNTY-

A bill to amend the General County Court Act

406

COURTS, CITY-

A bill to amend the Act establishing the City Court of VVashington-------------------------------9 135 172
A bill to create and establish a City Court for the City of Cuthbert______________ ----------------104 259 276
A bill to provide for Solicitors of the City Courts275 423 674 .A bill to establish the City Court of Ellijay ________ 348 771 .A bill to provide for putting Solicitors of City Courts
upon salaries ___________ --------- ______ -- _____ 352 530 .A bill to amend the Act to establish the City Court
of Swainsboro __________________________ A06 559 613 .A bill to restrict the jt:ri>dictio~ of the City Court of
BaxleY-------c-------------------------552 598 652

INDEX.

971

COURTS, SUPERIOR AND SUPREME-

A bill to make it illegal for a judge of any Court of Re-

cord to express any opinion as to the correctness

of the verdict________________________________

7

A bill to change the time of holding the Superior Courts of Hart County____________________ g 135 202

A bill to provide for the rearrangement of the Judicial Circuits __ ----------------------115 323 356 368
A bill to provide for a two weeks session of the Superior Court of Emanuel County________ 115 294 725
A bill to fix the salaries of the Solicitors-General of the Judicial Circuits ____ 345 350 516 136 200 294
A bill to change the time for holding the Superior Courts of Marion Co ________________ : ____ 166 258 276

A bill to increase the salaries of the Justices of the Supreme Court_ ______________________________ 371 381

A bill to. authorize verdicts anJ judgments at the

first term of the Superior Court----------377 381 412

A bill to provide for detachment of the County of

Bulloch from the Middle Judicial Circuit and

attach it to the Atlantic Circuit_--------_--_-__

462

A bill to require judges in Trial Courts to give in

charge to the juries the theories of defense. ____ 599 653 A bill to pron~d for holding four terms of Superior

Court in Muscogee CountY--------------------

599

.A bill to regulate the preparation of briefs of evidence

in cases appealed to courts of last resort_-------

599

A bill to change the time of holding the Superior Court of Dawson County_____________________ 599 654 712

..A bill to provide for amending the appeal of habeas

corpus cases by certiorari_--------------------

600

972

INDEX.

EDUCATIONAL-

A bill to exempt from examination all graduates from educational institutions supported by the State __ 289 318:
A bill known as the Compulsory Education BilL ___ 697 745

ELECTIONs-

A bill to provide for the payment of expenses of

holding all elections in this State--------------

195

Executive sessions__________ ! l05 __________ 151 288 412

INSURANCE-

A bill to fix fees to be paid local fire and storm In-

surance Companies doing business in four Coun-

ties------------------------------------136 200 260 A bill to provide a stenographer for the Insurance

Department of this State and fix the salary______

211

MILITARY LAW8-

MESSAGES, HOUSE-

5 127 144 186 202 245 268.

269 279 283 295 301 322 343

369 379 413 424 447 477 487 507

515 552 575 600 651 658 699 .722 732

767 774 799 812 819 833 855 859 866 868

879 885 898 899 905 907 933 942 946 945 950

951 951 952 960

MESSAGES, EXECUTIVE-6 10 102 147 149 211 287

371 620 717 906 939

MISCELLANEOUS BILLS-

A bill to regulate the establishment of cemeteries, hospitals, etc., in counties having a population of 150,000 or over_ ____ --------------------- 6 201 2~9

INDEX.

973

MISCELLANEOUS BILLS-Continued.

A bill to regulate the grant of New Trials in this State-----~---------------------------------- 7 136
A bill to regulate the running of automobiles in
this State------------------------ 7 135 168 867 A bill to provide for ordinance pro hac vice in certain
cases ___________________________________ 8 189 201

A bill to make the wife or husband a competent

witness in case of bigamy_____________________

10:;

A bill to prescribe the time when judgments and

.attachments shall become liens as against inno-

cent purchasers _________________________ ._____

103

A bill to make it a misdemeanor for any person to carry a pistol without license from the Ordinary __ 115 136

769 A bill to amend an act entitled an Act to provide for
the acceptance by the State of the property known as-Confederate Soldiers Home______________ l18 2.58 291

A bill to be entitled an Act to prohibit the shooting at dwelling houses___________________ l18 293 71i 928

A bill to provide for the regular exchange of docu-

ments in this State____________________________

122

A bill to define the right of Orphans' homes and

Asylums ______._______________________________

122

A bill for the relief of prisoners in jail awaiting triaL _128 836
A bill to prohibit prize fighting in the State of Georgia ________________________________ 134 169 175 175

A bill to regulate and limit mortgage fi fas to seven

,years~---------------------------------------

139

.A bi\1 to promote the public health by draining Swamps in this State _____________________ l89 294 333

974

INDEX.

MISCELLANEOUS BILLS-Continued.

A bill to prohibit moving pictures representing fights between whites and negroes __________ _. ____ 243 293 359'
A bill to require the Boards of Health to enforce the transit permits adopted by the Georgia Board of Ernbalming _____________________________ 244 294 73~

A bill to amend an Act to establish a State Board of Ernbalming _____________________________ 244 294 73~

A bill to provide for the dissolution of corporations in this State_____________________________ 245 294 734-

A bill to provide for the liabilities of husbands for

torts of wife_- - - - - - - - -- - -- _- - - __ - ________ 245 408 734

A bill to prohibit concubinage between a person of the white race ____ ---~ ____________________ --275 409-

A bill to provide for fishways for the pa~;~sage of fish

over. dams and for the erection of same ____ 290 337 735.

A bill to prohibit the betting of money or other thing of value upon elections- ____________ 334 409 628:

A bill to make it unlawful to publish the name of the

woinan or maid upon whom the crime of rape has

been committed_____ -------------------- _348 409 73S.

A bill to pay witnesses for the State who reside in

the county when they are subpoenaed__________

352"

A bill to prohibit furnishing or exlribiting to any

female, any writing con.taining vulgar lan~uage_ ~ 352 408;

515 A bill to provide for the appointment of pages for

the Senate ____ - ___ --------------------- .. : __ - _377 39-i

A bill to regulate the manner of selecting official

Stenographers ____ --- ___ - _- ___________________

408;

INDEX.

975-

MISCELLANEOUS BILLS-Continued.

A bill to provide for more speedy forfeiture of re-

cognizance in cases where motions for new trials

are made______________________________________

422-

A bill to amend an Act to make it unlawful for land-

lord or tenant to abandon their contracts_____ ;__

423-

A bill to amend an Act providing for admission to the

bar in this State____ __________________________

432-

A bill to repeal all laws of force in this State author-

izing any person or corporation to condemn water

powers or lands_______________________________

462"

A bill to make the wife a competent witness in all

prosecutions for criminal seduction ________ -462 529 732"

A bill' to regulate the employment of minors in the

messenger service and !o fix the ages of persons

employed____________________________________

514

A bill to authorize the State Board of Entomology to employ whatever assistants are needed to conduct the work of the Board-------------------578 598 735.-
A bill to provide for the department of Labor and for the appointmen_t of a commissioner_________ _ . 530.
A bill to amend the registrations law approved

August 15, 1908------------------------------556 58S

A bill to provide for regulation of inspection and

' grading hay and grain in this State---------594 653 711

A bill to enforce better sanitary and safety conditions

in inns and hotels_____________________________

632"

A bill to change the time of hblding the General

Assembly from June to October_________________

710.

INDEX.

MUNICIPAL LAWS-

A bill to incorporate the town of Jasper-_ 7 135 173 347 A bill to incorporate the town Uvalda_- ____ 115 135 173

A bill to provide for the transfer of registered maps

of municipalities_ ------------------------123 128 574 A bill to amend an Act incorporating East Ellijay __ 134 171 A bill to repeal the Act to incorporate the town o:
Roberta ____________________ . ___________ 171 293 329

A bill to incorporate the City of Roberta ____ 171 293 330 .A bill to create the City of Cuthbert in lieu of the
Mayor and Council of Cuthbert __________ 195 258 276

A bill to amend an Act to establish a ..ystem of waterworks for Buena Vista ____ ----- _______ - _201 238

A bill to establish and maintain a system of electic lights for Beuna Vista ____ -. _____ -_--- _______ - _201 238

A bill to require all governing bodies of munidpal

corporations to hold their sessions in public____

244

A bill to amend the Act reincorporating the town

of White Plains _________________ ----- ____ 270 334 350

A bill to incorporate the town of Alston _____ 271 337 426 A bill to incorporate the town of Crawford ________ 275 32!

A bill to amend an Act. to create a charter for the City of Sparta ________________________ 288 337 35t 715

A bill to provide for the proper sinking funds for municipal corporations_______ -------. _____ 33:l 338. 39-t

A bill to amend the charter of the City of Dalton 352 408 425
A bill to amend the Act to incorporate the town of Shady Dale _____ ______________________ _407 423 503

INDEX.

971

MUNICIPAL LAWS-Continued.

A bill to amend the Act incorporating the town of

Soperton-------------------------------------

422

A bill to amend the charter of the town of Lexing-

ton----------------------~--------------558 598 652

A bill to authorize the Commissioner of Commons

of the Cit1 of Columbus to convey to the City

title to certain common land ______________ 573 653 712

A bill to amend th~ Act incorporating the town of HaTtwelL- ___ -- __ -- __ -- ___________ -- ___ .599 654 712

A bill to amend the Charter of Parrott-_-------...

821

NEW COUNTIES-

Organization . _. __ ___ _______________ _. _ _

3

PRISON COMMISSION-

A bill to amend an Act entitled an Act to create

the Prison Commission of Georgia.______________

212

RAILROADS-

A bill to require all railro:1ds in this St.ate to fence

their road beds._____________________________

105

A bill to prohibit dri~king of intoxicating liquors in railroad passenger trains __ - ___ - ____ --- _- _.196 293 395

A bill to increase the safety of the traveling public

and employees of railroads. ____ --_-___________

197

A bill to amend an Act to authorize electric street

suburban railroad companies to acquire by pur-

chase lease or merger the stocks and property 288 337 426 A bill to provide for the regulation of all Railroads

doing business in this State.- ___ --_---_---_ - _- __ 720

978

INDEX.

RAILROAD COMM1SSION-

A bill to amend an Act which provides the oath sub-

scribed to by the Railroad Commissioners of

Georgia______________________________________

141

STATE GEOLOGIST-

SCHOOLS-

A bill to repeal an Act entitled an Act to provide

for the election of County School CommissioneJ,"s

by the people_______________________________

ll8

A bill to authorize the chairman of th~ Board of

Trustees of the University to appoint members

from said Board upon each branch college of the University ______________________________ ll9 200 241

A bill to make the Pres. of the Board of Trustees of the State Normal a member of the Board of the University ______________________________ ll9 200 241

A b'ill to provide for the salary of the State School Commissioner ___________________________ 136 337 492

A bill to amend an Act to provide for the establish-

ment and maintenance of Schools of Agriculture

in this State_________________ - __ --------------

140

A bill to incorporate the Lanier School District in Emanuel and Bulloch counties ____________ 290 408 42.5
A bill to authorize County Boards of Education to condemn lands for public schools__________ 352 423 843
A bill to authorize municipalities to hold an election to determine the question of local taxation for public schools ____________________________ - __ -407 423

INDEX.

979

SCHOOLS-Continued.
A bill to authorize the Board of School Commissioners of Fort Valley to sell property known as Grady Institute Lot _________________________ . _559 821

TAXES--

A bill to repeal Paragraph 52 of Section 2 of an Act to levy and collect a tax for the support of the Government which levies a tax on dogs__ 7 134 170 175 629 731
A bill to amend the Act to collect a tax relative to tax on dogs __________________________________ 104 201

A bill to provide for State and County Boards of tax returns______________________________ 137 336 397

418 440 496 A bill to require tax collectors of this State to issue
a certificate to persons who ha~e registered and are entitled to vote _____________ - ____ ------- ___ 290 423

A bill to amend an Act entitled an Act to annually

levy and collect a tax for the support of the State

Government_____________________________ ---____

494

A bill to provide a method for assessing and collecting

taxes _____________________________ :__________

593

SENATE RESOLUTIONS-

A resolution directing the Secretary of the Senate

to notify the House that the Senate has reconvened

and is ready for the transaction of business______

4

A resolution appointing a committee from the Senate

and House to notify the Governor that the General

Asseinbly was ready for business _______ ----- __

980

INDEX.

"

SENATE RESOLUTIONS-Continuerl.

A resolution directing the keeper of public buildings

to return certain furniture to the Senate Chamber_

101

A resolution, Resolved, That the sympathies of the

Senate be extended to Sen. Murray on account

of his serious illness_ _________________________

116

A resolution, Resolved, That the Senate learns with

deep regret of the death of Hon. W. D. Murray,

a member of this body, and extend to his family

and relatives the sympathy of the Senate______

119

'Vhereas, Since the adjournment of the Senate in 1909, Hon. Jesse S. Ward, Jr., of the 7th District has been claimed by the grim reaper, Death ___ _

Resolved, That a committee be appointed to pre-

pare a suitable memoriaL___________________

120

A resolution, Presiding for the publishing of a weekly

calendar of the unfinished business of the Senate__

120

A resolution to authorize the State Librarian to

furnish the Acts of the General Assembly and re-

ports of the Superior Court to the counties of this

State________________________________________

121

A resolution that a proposal be submitted to the

Federal Government relative to revising the

the Consitution of the United States__________

139

A resolution by the Democratic Executive Commit-

tee of Fulton County________________________

142

A resolution, That Senate Resolution No. 23 be

made special order for next Tuesday__________

151

A resolution, That the General Assembly stand ad-

journed 'till July qth ______ 7 _c------c-:---:---:

19q

INDEX.

981

SENATE RESOLUTIONS-Continued.

A resolution, That the Secretary of the Senate be re-

quested to secure the portrait of the President of

the Senate to be placed on the walls of the Senate

237

A resolution to appoint a committee from the House

and Senate to go to Chattanooga to inspect prop-

erty_________________________________________

237

A resolution for the relief of J. C. Powell, J. M. Kin-

kaid, A. J. Ballew, J. A. Freeman, and A. Beaver__ 243 295

36G

A resolution. Resolved, That Congress shall have

power to levy and collect taxes on incomes with-

out apportionment among the States of the Union 265 271

281 260

A resolution to appoint a committee from the Senate

and House to investigate whether the State needs

additional lands at Chattanooga for the W. & A.

R. R-------'-----~--------------------------

265

A resolution, That when the Senate adjourns today

it stand adjourned until Monday ______ - _____ -_

27 4

A resolution, Endorsing New Orleans as the City

in which the Panama Expo3ition shall be held__

288

A resolution. Resolved, That a committee be ap-

pointed from the Senate and House_ to report to

the next General Assembly a proper place for

keeping on exhibition of both the "Texas" and

"General"__ __________________________________

289

A resolution, That a joint committee be appointed to investigate the accounts of the Prison Commission ______________________________________ 323 424

982

INDEX.

SENATE RESOLUTIONS-Continued.

A resolution appointing a Committee to have the

electric fans started__________________________

334

A resolution, That when the Senate adjourns today

it stand adjourned until Monday-------------- 347

A resolution fixing the hours of convening of the

Senate at 9:30 instead of 10 o'clock a. m.- _____

360

A resolution, That at 12 o'clock Monday July 25, the

Senate will suspend all business and receive re-

ports of the committees on the death of Senators

Murray and VVard_____________________________

422

A resohition, That when the Senate adjourn today

it stand adjourned until Monday at 11 o'clock__

422

A resolution, That Senate bill No. 131 be made special

order for Tuesday___________________________

453

A resolution, To provide for the appointment of a

committee to investigate the most secure way of

preserving the scenery at Tallulah Falls________

462

A resolution, Endorsing the aims and objects of the

Appalachian Exposition and commend the work

of preserving the forests______________________

463

A resolution, That beginning to-morrows sessions of

the Senate extend each day from 9:30 to 1:30 __ --

495

A resolution, To create a commission to consider the matter of exchanging the Governor's Man-

sion-------------------------------518 755 827 864 A resolution, That commencing on August 3, the
session be from 10 a. m. to 1 p. m. and

from 3 p.m. to 5 p.m.-------------------------------------

634

INDEX.

983

SENATE RESOLUTIONS-Continued.

A resolution, To authorize the State Treasurer to

pay Mrs. Catherine Murry $200.00, the per diem due her husband ___________________-----------697 844

A resolution, That a committee from the Senate and

House be appointed to consider the advisability

of selling or exchanging the Governor's Mansion

715

A reilolution, requesting our Representatives in

Congress to vote for the establishment of National

Appalachian Forest Reserve____________________

835

A resolution directing the 'Committee on Banks and

Banking to report House Bill No. 122 back to

Senate immediately ___ ------------------------

881

A resolution, To authorize and empower the Governor

to accept certain land near Tallulah Falls_______

900

A resolution , That Committee on Rules meet and set

House bill No. 122 as soon as possible__________

900

A resolution, That the regular per diem be paid to

Hon. M. E. Collum, Senator from 13th District--

930

A resolution, That the keeper of Public Buildings

be required to have the portraits of the former

Presidents of the Senate placed on the walls____

930

A resolution instructing Committee on Rules to

place House Bill No. 197 upon the Calendar____

934

A resolution, That the General Assembly adjourn

sine die at 10:45 P. M ____ -- __ -----------------

954

984

iNDEX.

HOUSE BILLS,
APPROPRIATIONS-
A bill to appropriate $35,000.00 for the erection of S.
building for the Georgia Normal and Industrial College __ ,-------------------------363 438 668 717 A bill to appropriate $15,000.00 to erect a new building at the State Sanitarium for the treatment of patients with tuberculosis ________ 522 595 667 A bill to appropriate ten thousand dollars to work on black root in cotton-----------------527 595 676 A bill to appropriate the sum of $2,000 for improving the Confederate Cemetery at Marietta-.528 S95 682 A bill to appropriate to the Public Building Fund the sum of $11,363.37 to supply a deficiency in the fund and $.5,000 to said funds for insurance policies __ ------------------------------- S62 596 600 A bill to appropriate the sum of $25,000 for 1910, and $35,000 for 1911 for the State Sanitarium563 596 669 A bill to appropriate additional funds for the completion and equipment of State Sanitarium for tuberculosis ___________________ ---_----- _561 595 673 A bill to appropriate $50.00 for water furnished the l!ouse------------------------------857 876 908 A bill to appropriate $35,000 to Trustees of the University of Georgia_____________________ 858 876 907
BANKS-
A bill to provide for establishment of certificates of stock in bank and other private corporations 133 196 709
A bill to add Gordon to the list of State depositories-365 433 461

INDEX.

985

BANKS-Continued.

A bill to amend the Act incorporating the Citizens Bank of Valdosta ____________ . __________ -400 435 568

A bill to amend Section 982 adding Canton to list of State depositories______________________ -455 615 665

A bill to amend Section 982 of the Code ______ 526 615 660

A bill to amend the appropriation Act so as to provide for the salary of the stenographer of the State Bank Examiner _________________________ 528 56.5

A bill to create a system of protection to bank

deposits; to establish a Bank Guarantee Fund__

791

A bill to amend Section 982 of the Code adding

Ringgold to the list of State Depositories 830 861 948

A bill to fix the salary of Stenographer of State Bank Examiner_______________________________ 857 876

BONDS OF STATECODE. AMENDMENTS-

A bill to amend Section 671, Vol. 3 of'the Code 102 618 826

A bill to amend Section 3828 of the Code _________ 291 802

A bill to amend Section 5182 of the Code_~- _398 438 481

A bill to amend Section 574, Vol. 1 of the Code 521 561 .57!

618 892

A bill to amend and construct an Act amending

Section 2388 of the Code-----------------522 657 897

. A bill to amend and alter Section 194, Vol. 3 of the

Code-----------------------------------523 616 891 A bill to amend Section 220 of the Code ________ -- 523 656

A bill to amend Section 5261 of the Code Vol. 2 752 877 951

A bill to amend Section 188 of the Penal Code______

753

986

INDEX.

CODE AMENDMENTS-Continued.

A bill to amend Section 813 of the Code __________ 790 802

A bill to amend Section 4646 of the Code__________

793

A bill to amend Section 5403 of the Code__________

794

A bill to amend Section 5403 of the Code__________

869"

A bill to amend Section 5404 of the Code __________ 869

CONSTITUTIONAL AMENDMENTS-

A bill to put in force the Constitutional Amendment providing for the payment of pensions to the widows of soldiers_____________________________ 137 513
A bill to amend Paragraph 2, Section 6, Art.. 7 of theConstitution _______________ 589 654 716 726 727

COUNTY AND COUNTY MATTERs-

A bill to make it unlawful to run traction engines on the public roads of Grady and Thomas counties 202 278 A bill to authorize the county of Hall to issue bonds
for certain purposes _____________________ :362 534 570 A bill to prohibit the sale of near beer in Randolph
CountY--------------------------------------397 697 A bill to repeal an Act to alter and amend the road
laws of the State of Georgia as applicable to the Counties of Gordon, Whitfield and Murray 521 564 605 A bill to cede lands in Walker County to the United States----------------------------------589 655 896 A bill to authorize county physicians in certain counties to employ a nurse for the county jail hospitaL-_--_-- ________________________ 752 795 849
A bill to authorize the County of Gwinnett to issue bonds to build public roads-------.-------754 804 849

INDEX.

987

COUNTY A~D COUNTY MATTERS-Continued.

. A bill to require executions to be recorded in the

county where land lies-----------------------

793

A bill to provide in what cases counties shall be

chargeable with the expenses of arrests made in

other counties __ ------------------------------

793

A bill to make unlawful the sale of near beer in

Coffee CountY--------------------------------

794

COUNTY COMMISSIONERS-

A bill to create a Board of County Commissioners

for Clayton Co---------------------------134 167 190

A bill to amend an Act to create a Board of County

Commissioners for Liberty CountY--------197 259 278

A bill to amend the Act creating a Board of Roads and

Revenues for Cherokee CountY----------------325 354 A bill to create the office of Commissioner of Roads

and Revenue for Butts CountY----------------342 466 ~ bill to repeal the Act creating the Board of Com-

missioners of Roads and Revenue for Butts

CountY--------------------------------------342 467 A bill to create a Board of Commissioners of Roads

and Revenue for Jeff Davis County____________

343

A bill to amend the Act creating the Board of County

Commissioners of Spalding and Butts Counties--363 435

540 A bill to amend an Act creating a Board of Commis-

sioners for Hall CountY------------------365 533 568

A bill to amend an Act creating a Board of Com-

missioners of Roads and Public Property for Warren and Taliaferro Counties_________ -400 433 506

988

INDEX.

COUNTY COMMISSIONERS-:-Continued.
A bill to amend the Act creating the Board of Roads and Revenue for Turner County _________ -402 ()55 703
A bill to authorize. the Commissioners of Camden County to grant license to per3ons conducting church festivals _________________________ -401 535 566
A bill to authorize the County Commissioners of the several counties of this State to create the office of examiner of stationary engineers and firemen ____________________________________ 454 533 691
A bill to amend the Act creating the Boards of Roads and Revenues for Washington County _____ _456 656 706
A bill to repeal the Act creating the office of Commissioners of Roads and Revenues for Madison County _________________________________ 456 575 664
A bill to amend the Act to prescribe the duties of the Commissioners of Roads and Revenues for Ben Hill County _____________________ - _______ 457 700' 852
A bill to amend the Act creating a Board of Commissioners of Roads and Revenues for Dodge County _________________________________ 458 531 608
A bill to repeal an Act creating the office Commismissionera of Roads and Revenues for Franklin CountY---------------------------------459 616 683
A bill to create a Board of Commissioners for the City of Ft. Gaines __ --------------------460 531 567
A bill to authorize the County Board of Commissioners for Bibb County to issue and sell bonds for certain purposes--------------------520 654 758

INDEX.

989

COUNTY COMMISSIONERs-Continued.

A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Putnam

CountY---------------------------------521 656 707 A bill to amend an Act to create a Board of Com-

missioners of Roads and Revenue for Chattooga

CountY---------------------------------524 619 661 A bill to create a Board of Commissioners of Roads
and Revenues for Madison County _______ 525 531 618

A bill to create a Board of Commissioners of Roads

and Revenues of Banks County________________

528

A bill to amend the Act creating a Board of Commissiqners of Roads and Revenue of Carroll

CountY---------------------------------590 657 704

A bill to repeal an Act to increase the number of

Commissioners of Roads and Revenues for Cal-

houn County_________________________________

592

A bill to authorize the County Commissioners in

certain counties to permit tax payers to pay County taxes quarterly or semi-annually__ 647 749 798

A bill to create a Board of County Commissioners for Irwin"County_________________________ 751 803 847

A bill requiring the Commissioners of Lowndes

County to work the public roads in municipalities

of said counties--------------------------752 803 851 A bill to amend an Act creating a Board of County

Commissioners for Macon County __ -------------

791

A bill to amend the Act creating a Board of Com-

missioners of Houston County__________________

808

A bill to require County Commissioners in all counties having cities of not less than 10,000 to pay
certain costs - _ -. - -- -- -- - -809 860 924

990

INDEX.

COUNTY OFFICERS-

A. bill to require County tax collectors of this State to keep cashbooks ___________________________ 204 211

A bill to fix the salary of the Treasurer of Coffee

CountY-------------------------------------

401

A bill to provide for an Ordinary pro hac vice in

cases of disqualified Ordinances________________

402

A bill to authorize the county authorities of Camp"

bell County to pay the legal costs to officers in misdemeanor cases ______________________ _403 616 675

A bill to fix the salary of the Treasurer of Webster CountY--------------------------------------524 634
A bill to authorize all the officers of Telfair County who are required to give bonds to make said bonds with Surety Companies ___________________ 592 700 758

A bill to provide for fixing the salary of Treasurer of

Heard County_ ------------------------- .. 699 750. 853

A bill to fix the salaries of County Treasurer of

~urray CountY-----------------------~--753 802 845

A bill to provide for fixing the salary of County

TreasurerofHarrisCounty______ 791 861 918 931 932

A bill to provide a salary for the Treasurer of Haral-

son County~__________________________________

792

COURTS, CITY-

A bill to repeal the Act to create the City Court of Danielsville _____________________ ~- ______ 291 437 507
A bill to amend the Act establishing the City Court of Greenville _________________________________ 292 336
A bill to amend the Act establishing the City Court of Douglas ___________________________ 327 343 35i 355

INDEX.
COURTS, CITY-Continued.

991
,

A bill to amend the Act establishing the Cit.y Court of Ashburn.-----------------------------362 434 541
A bill to amend the Act creating the City Court -of Floyd County ___________________________ 362 437 536

A bill to amend the Act establishing the City Court of Sylvester_ ____________________________ :363 437 543

A bill to amend the Act to est(lblish the City Court

of Hall County__ __ ___________________________

363

A bill to abolish the City Court of Calhm,m .. 398 619 703 A bill to amend the Act establishing the City Court of
VVaycross _______________________________ 400 534 570

A bill to amend the Act to establish the City Court of Hazelhurst. ___ ._- ___ ----------------- .402 437 535
A bill to amend the Act establishing the City Court of

VVashington_ ------------------c--------455 531 566 A bill to abolish the City Court of Newion ___ _459 656 756 A bill to e3tablish the City Court of Madison ..520 794 814 A bill to amend the Act establishing the City Court
of Fitzgerald ____________________________ 520 614 662

A bill to amend an Act establishing the City Court of Swainsboro ___________________________ 523 617 660

A bill to amend the Act establishing the City Court of Eastman _____________________________ 525 614 659

A bill to abolish the City Court of Pulaski Coun-

tY--------------------------------------526 655 833 A bill to amend the Act creating the City Court of
Oglethorpe. ________ ---.-_--- __ --- ____ ---- 527 ~16 661
A bill to amend the law relating to the City Court of Savannah_____________________________ 590 658 707

A bill to abolish the City Court of Leesburg______

593

992

INDEX.

COURTS, CITY-Continued.

A bill to authorize the State Librarian to furnish

reports to City Courts.-----------.-----------

617

A bill to amend the Act establishing the City Court

of McRae _________ - ___ - _- ________ - _- _- _- _-- _-

646

A bill to establish the City Court of Barnesville 646 795 822
A bill to amend the Act creating the City Court of the City of Calhoun ____ --------- _------ _-- _7 --647 796
A bill to repeal an Act creating City Court of Fayetteville _____________________________________ 753 795 822

A bill to establish the City Court of Sylvester_ 791 860 925 A bill to repeal an Act to amend the charter of the
City Court of Sylvester_ __________________ 791 862 926

A bill to repeal the Act establishing the City Court .of Cordele______________________ _____________ 810

A bill to establish the City Court of Quitman______

856

A bill to repeal the Act establishing the City Court

of Quitman_---- __________ ,-----"--=--======

8'>8

COURTS, COUNTY-

A

bill
-

to

provide

for

the

electing

th.e

Solicitor

of

th;

Co1p1ty Court of Putnam County by the people.-403 620

674 A bill to repeal the Act creating County Courts of

Morgan CountY--------------------------527 795 823

A bill to amend the General County Court Act, so far as same relates to Charlton County.. 645 748 824

A bill to amend an Act creating the County Court

for Calhoun County___________________________

826

INDEX.

993

COURTS, SUPERIOR AND SUPREME-
A bill to change the time of holding the fall term of Liberty Superior Court _________________ 292 343 439
A bill to increase the terms of the Superior Court of Whitfield County ________________________ 292 324 535
A bill to change the time of holding Mitchell and Dougherty Superior Courts _____________ - __ 528 615 664
A bill to dispense with recording in Superior Court execution dockets executions from other courts and provide that it shall be sufficient to record the same on General Execution Docket __ 562 617 931
A bill to provide for the payment of costs to officers of the Superior Court in counties with population of not less than 24,890 nor more' than 24,995_591 655 705
A bill to create a new Judicial Circuit to provide for Judge and Solicitor_______________________ i54 796 826
A bill to provide for the holding of four terms of the Superior Court of Crisp County________________ 809 877
COURT OF APPEALS-
A bill to fix the salaries of the Judges of the Court of Appeals ____ - ___ . __________________________ 915 95q
ELECTION LAWSA bill to provide for qualifications of managers of elections in the towns and cities of this State 291 343 891 A bill to prohibit the betting on elections_________ 397 533
HUNTING AND FISHINGA bill to prohibit the killing of game in Carroll County for 2 years ______ --_-----_- ______ -458 616 675 .A bill to prevent the chasing of Fox during certain $easons--------------------------~-.-Q~9 655 708

994

INDEX.

INSURANCE-

A bill to fix the fees to be paid by local Fire and Storm Insurance Companies doing business in four counties of this State________ - ______ - _292 343 439

A bill to regulat(l the deposit of Insurance Companies

in this State _-- __ - _- ----- __ -------- _---------

698

MISCELLANEOUS BILLS-

A bill to prevent the removal of personal property from this State held under a conditional purchase----------------------------------- 9 618 894
A bill to prevent the mending or keeping of tools for safe cracking _________________________ 102 436 92:3

A bill to prohibit pistol carrying except under eertain conditions ----------------------------------167 342
A bill to regulate pleadings in cases where p sumption arises____________________________________ 167 342

A bill to require all cotton seed meal sold in Georgia

to be branded according to grade and quality____

237

A bill to regulate the running of automobiles on the highways of this State _______________________ ~292 804

A bill to prohibit the taking of fish out of the Hiawassee River _______________________________ 364 438 542

A bill to regulate the butchering of cattle in Ware CountY--------------------------------~365 437 544
A bill to define the mode and manner of slaughtering cattle in Ben Hill County ________________ -455 619 672
A bill to provide for the preparation of live stock for market in Worth County______________ -458 617 673

INDEX.

995

MISCELLANEOUS BILLS-Continued.

A bill to authorize the e/!iablishment and use of farms as places of CQJlfinement for certain persons------------------~-----------------520 619 660
A bill to authorize the Governor to expend the
rental from Indian Springs to keep public comfort buildings in repair____________________ 527 595 670

A bill to define the powers and rights of Attorneys

at law--------------------------~------------

561

A bill to autb.orize the Secretary of State to confer

upon certain corporations the power of Trust

Corporations----------------------------589 656 922 A bill to amend the Act authorizing the publication
of certain Georgia Reports______________ 591 701 891

, A bill to make binding any written contract executed

by. minor for a loan for educational purposes____

750

A bill to provide for succession of Governor of this

State-----------------------------------751 796 888 A bill to regulate the employment of minors in any
messenger service .. _______________________ 753 804 961

A bill for the protection of persons furnishing materials and labor for the construction of public

works----------------------------------789 802 895 A bill to provide service by publication in divorce

cases----------------------------------------

789

A bill to repeal the Act preventing the running of

hogs at large on St. Simons Island____________ 808 862

A bill to increase the efficiency of the inspection of fertilizers and feed stuffs __________________ 808 854 912

A ~?ill to regulate the sanitary conditions of hotels 809 854 894

996

INDEX.

MISCELLANEOUS BILLS-Continued.

A bill to amend the Act to prevent the adulteration offood _________________________________ 809 842 914

A bill to adopt and make of force the Code of laws prepared by John L. Hopkins. __________ ~ ___ . 810 887

A bill to provide for recording <>ertified copies from the record of deeds ____________________________ 81Q 877

A bill to create for the State of Georgia a State Road

Commission ________ .. __ . ________ . ____ .... _____

829

A bill to require all applications for pardons to give notice by publication ________________________ 829 877

A bill to regulate the manner of selecting official county newspapers _______________________ 829 855 922

A bill to regulate legislative council and for other

purposes-------------------------------------856 870

A bill to create an auditor of State accounts ___ .___

948

MUNICIPAL LAW8-

A bill to amend the Act incorporating the town of

Lester---------------------------------101 259 277 A bill to define water lot No. 19 in the City of Col)lm-

bus----------------------------------------259 277 A bill to amend the Act incorporating the City of
Union Point _______ - _---- ________________ 271 325 336

A bill to amend the Act incorporating the City of H~J~~------------------------------327 434 507
A bill to !!,mend the charter of Cairo.- ______ . _____ 361 543 A bill to incorporate the town of Ila. _______ 361 436 466

A bill to amend the charter of the town of Lithonia._

362

A bill to cre.'l.te a new charter for the town of Worth __ 362 434

544

INDEX.

997

MUNICIPAL LAWS-Continued.
A bill to provide a system of registration for Fort. Gaines----------------------------------364 564 603
A bill to repeal an Act to incorporate the town of Sycamore _______________________________ 364 438 542
A bill to authorize the s:<ie of a part of the commons inColumbusGeorgi!l _____________________ 364 435 540
A bill to incorporate the town of Candler ____ 398 532 569 A bill to authorize the Mayor and Council of Savan-
nah to provide for the registration of voters-398 439 539 A bill to vest in the City of Columbus title to certain
ian<! now. used for streets-- ____________ --3955 437 538
. A bill to repeal an Act incorporating the town of Atwater ________________________ -- ______ 399 438 538 A bill to amend the charter <Jf the town of Unadilla 399 433
546 A bill to amend the charter of the town of Fairburn 399 433
541 A bill to ratify and confirm the closing of Ansley
Street in Decatur ________________________ 399 433 536 A bill to amend the Act to authorize the City of
Savannah to. require grading and paving streets 400 565 607
A hill to cons:>li:iate the laws creating the new charter for Griffin ______________________________ -401 614 663
A bill to incorporate the town of Sycamore.-401 656 702 A bill to amend an Act creating a new charter for the
City of Newnan ________________________ 402 617 672 A bill to amen:i the Act incorp:>ratinJ the town of
Milltown __________ __________________ .402 436 53()

998

INDEX.

MUNICIPAL LAW8-Continued.

A bill to amend the Act authorizing the "town council of Hogansville to establish a system of waterworks----------------------------------403 537 662
A bill to amend the Act incorporating the town of Unadilla ________________________________ _404 436 543

A bill to amend the Charter of the town of Lithonia

so as to extend the limits _______________ _404 436 506

A bill to incorpo;ate the town of Lilburn ___ _404 435 466

A bill to amend and consolidate the several Acts

granting corporate authorities to the City of

Americus ___ "--------------------------------

404

A bill to amend an Act revising the several Acts

granting corporate authority to Americus, to con-

fer additional powers upon it ___________ _404 615 684

A bill to amend an Act eStablishing a new charter for Hogansville ___________ -- ____ -- ___________ _405 435

A bill to amend the charter of the town of Powder Springs ____________________________ 405 436 545 605

A bill to amend the Act incorporating the town Pine View _____ A05 c _______________________ 435 .604

A bill to incorporate the town of Brooks_" ____ 406 436 545 A bill to amen!l an Act to establish a new charter for
Waycross ______________________________ _406 433 538

A bill to incorporate the town of Carnegi __ _453 534 568

A bill to incorporate the City of Helena

454 533 566

A bill to incorporate the town of Pine Park __ 454 530 664

A bill to amend the charter of the City of Rossville 455 534

671

INDEX.

999

MUNICIPAL LAWS-Continued.
A bill to authorize the Mayor and Council of Marietta to call an election to determine the issuing of bonds for waterworks________________ 456 657 823
A bill to amend the charter uf the town of Martin 456 532 606
A bill t~ amend the several Acts incorporating the town of Camak _________________________ -457 531 602
A bill to amend the Act amendatory of the Act incorporating the town of Austell _______ -457 531 608
A bill to relJeal all laws incorporating Manchester and to provide for incorporating the City under the name of College Park __ .. _____________ 457 532 606
A bill to create a nev charter for the town of Stat. ham _______________ - __ c ________________ -458 533 602
A bill to repeal an Act incorporating the town of Maples ________________________________ 458 533 570
A bill to incorporate the town of Ellenton 459 530 603 A bill to amend the Act establishing a new ch:uter
for the City of Atlanta_________________ -459 482 536 A bill to incorporate the town of Wilburn ___ -460 532 604 A bill to amend the "charter of the town of Avalon 460 532
751'> A bill to repeal an Act to incorporate the town of
Boynton ________________________________ 460 534 671 A bill to p~ovide a new charter .for the town of
Arlington _______________________ - - - - - - _-461 532 609
A bill to amend the Act to create the City of Edison ____________________________________ -461 534 607
A bill to amend the charter of the town of Doe~Un------------------------------------461 533 659

1000

INDEX.

MUNICIPAL LAWS-;-Continued.
A bill to create a new charter for the town of Luthers~ ville----o------~------------------------519 563 603
A bill to amend and revise the several Acts incorporating the town of Cumming__________ 519 563 607
A bill to incorporate the town of Oakhurst__ 5~ 9 563 702 A bill to incorporate the town of Kirkwood __ 519 613 755 A bill to amend the Act to provide a new charter
for East Point_ __________________________ 522 565 GOI) A bill to amend the new charter for the City of
Madison ___________________________ 523 614 66.5 757 A bill to authorize the Mayor and Council of Mariet-
ta to order an election held to determine whether or not bonds shall be issued by the City 524 564 657
684 708 A bill to amend and create a new charter for the City
of Marietta_________________________ 524 563 659 744 A bill to amend the Act incorporating the town of
Helena _________________________________ 526 565 609 A bill to incorporate the City of Sale City __________ 590 701 A bill to amend the several Acts incorporating
the town of Bowden------------------------590 701 A bill to amend the charter of the town of Grant-
vil~----~------------------------------------591 706 A bill to amend.the charter of the town of Kite 591 658 706 A bill to incorporate the City of Commerce in Jack-
son County______________________________ 592 657 704
A bill to amend the charter of the town of Kingston-------------------------------------592 657 704

!NDEX.

lOoi

MUNICIPAL LAWS-Continued.

A biJl to authorize the making and selling or giving away ice cream, etc., in the town of Young Har-

ris-------------------------------------645 803 911 A bill to incorporate the town of East End __ 645 748 841 A bill to amend the charter of the City of Waynes-

boro------------------------------------645 749 824 A bill to amend an Act establishing a new charter for
Atlantn--------------------------"------646 749 798 A bill to incorporate the town of.Mcintyre ___ 647 748 824 A bill to incorporate the town of Oglethorpe __ 647 750 853 A bill to amend an Act to create a new charter for the
town of Willacoochee ___ - ___ -_- ___ ~ ____ 648 749 825

A bill to amend the charter of the town of Rivet-

side.-----------------------------------648 740 825

A bill to amend the charter of Baldwin_-_- ____ --__

651

A bill to create and establish a new chartet for the

town of Baconton_- __ , ______ ,--_-- __ - __ 697 . 784 797

A bill to create and establish a new chatter fot the City of Albany____ - ___ - ___________ ---- ---697 795 845

A bill to create a new charter for Dublin ____ 700 748 841 A bill to provide for a new charter for East Lake 7.50 795
850 A bill to consolidate and supercede the several Act;
incorporating Marshallville ___ ._. __________ 742 795 852

A bill to amend the Act amending the charter of the City of Lexington ________ ____________________ 753 796

A bill to amend the Act incorporating the town of Norcross ___________ - ______________ .. _____ 754 796 849

A bill to incorporate the town of Ranger____ 789 862 917

1002

INDEX.

MUNICIPAL LAWS-Continued.

A bill to authorize the Council of the town of Comer to hold an election for bonds.-------------790 860 918
A bill to ,amend the charter of the City of La Fayette-------------------------------790 862 921 948
A bill to amend the charter of Macon ________ 790 803 845 A bill to incorporate the town of Dearing_~_ .791 803 846 A bill to amend the charter of the town of Bu-
ford.-----------------------------------792 861 920 A bill to amend the charter of the town of Deca-
tur-----------------------------------~-793 860 926 A bill to amend the Act incorporating the town of
Mitchells District_ . ______________________ 807 862 925

A bill to incorporate the town of Berlin. ____ 808 860 925

A bill to amend the charter of Barwick. _____ 808 862 923

A bill to amend an Act creating a new charter for

the City of Hapeville________________________

809

A bill to amend the charter of the town of Calhoun._

829

A bill to amend an Act incorporating Milan. _____ .861 923

A bill to amend the charter of Nashville ______ 856 885 920

A bill to amend the charter of St. Marys ______ 857 885 918

A bill to create a new charter for the town of Dexter ______________________________________ 857 885 924

A bill to incorporate the to1vn of Durand._- .857 884 920 A bill to incorporate the City of Hapeville. __ ---- .858 896

RAILROADS--
A bill to require certain duties of the Railroad Commission perta.ining to the W.estern & Atlantic Railroad ____________________ -----------------168 342

INDEX.

1003

RAILROADS-continued.

A bill to amend the Act regulating the time that rail-

road charters become dormant-----------751 792 852

A bill to provide for regulations of all railroads doing

busine. ss in this State--------------.------------

79-1

PENSIONS-

A bill to amend the Act fixing the term of Commissioner of Pt:nslons- ____________________ 698 861 921

SCHOOLS-

A bill to provide for leasing certain grounds helonging to 4th District A. & M. College ___ -403 434 57a

A bill to amend the Act to authorize the City Lavoni:t to establish a system of public schools ____ -405 434 537

A bill to amend an Act authorizing the town of Lithonia to establish a system of public schools __438 54.5

A bill to incorporate the Tennille School District

in Tennille, Georgia ----------------------454 530 567 A bill to establish a system of public srhools for

Senoia----------------------------------460 521 673 A bill to create a system of public schools for the

town of Powder Springs-----------------.526 565 6015 A bill to amend the Act establishing a system of pub-
lic schools for Ocilla ______________________ 590 655 702

A bill to amend an Act establishing a system of

public schools for the town of Sparta__________

646

A bill to authorize the Board of Trustees of the State Sanitarium to establish a training schooL_ 646 803 927

1004

INDEX.

SCHOOLS-Continued.

A bill to make the President of the Board of Trustees

of the State College of Agriculture a member of the Boarrl of the Univer3ity __________________ 698 748

A bill to amend the Act providing for the election

of County Schoo.! Commissioners of thil3 State 699 750 914

A bill to amend the Act to provide for the creation and operation of local tax district schools._ 748 893
A bill to provide for municipal elections to determine

the question of local taxation for public schools._ 751 804

832 A bill to amend the Act establishing a system of
public schools for Louisville _____________ "754 796 850

A bill to amend the school system of Louisville. 754 851 A bill to revise the school iaws. _________ 790 802 946 953

A bill amending the Act creating a public school system for Marietta ______________________ 792 861 916

A bill to authorize and empower the Board. of School

Commissioners of Fort Valley to sell property known as Grady Institute lot__________________ 794

A bill to amend the Act establishing a system of

.Public schools for Jefferson____________________

8U4

TAXES--
A bill to amend the Act to levy and collect tax for the support of State Government for the year 1909 and 1910_____________________________________ 86V 877

HOUSE RESOLUTIONS--
A resolution to refund to H. Yarbrough certain money arising from the sale of wild lands .. ____ .. 134 196 68~

'INDEX.

1005

HOUSE RESOLUTIONS-Continued.

A resolution. to provide for the payment of expenses of standing and special committees of the General Assembly _______________________________ 167 196 208

A resolution to repay W. C. Allen $10.00 erroneously

paid into t~e Treasury

205

A resolution to appoint a joint committee to look

into the matter of erecting a building for State

Museum ___ . _____________________ . ____ - __ ____

265

A resolution to ratify the 16th amendment to the

Constitution relative to income tax____________

365

A resolution to refund J. C. Rogers $210.00 on bond of Eddie Harris _______________________________ 366 911

A resolution to appropriate $1,500 to the Resaca Cemetery for walks __________________________ _454 574 686

A resolution to appropriate the sum of $281.25 to pay balance due assistants and second assistant State Librarian_ ------------------------461 552 666
A resolution to pay Mrs. R. A. Lynn the pension due her for the year, 1903, 1904 1906 and 1907 __ 522 700 736
A resolution to refund to J. R. Hubbard, et al, amount paid by him for charter_ _________ 522 596 685
A resolution to submit plans for a building on the campus of the North Georgia Agricultural College _____________________ 526 596 683 695 720 724

A resolution to authorize the State Librarian to furnish reports to .certain City Courts __________ 529 896
A resolution to appropriate $2,500 for the purposeof erecting a monument to the memory of Gen.
J 03eph E Johnston __ ~- _________________ 529 618 68( 1

1006

INDEX.

HOUSE RESOLUTIONS-Continued.

A resolution providing for the purchase of Georgia Reports ftotn Mitchie County ____________ 562 830 892
A resolution to amend the appropriation Act so as to provide for the salary of the Stenographer of the State Treasurer_ _________________________ 688 937

A resolutiort to make Appropriation to meet the deficiency in Printiog Fund ________________ 811 863 910

A resolution to pay Auditor and Stenographer in matter of investigation of keeper of Public Buildings ____________________________________ 811 863 913

A resolution to appoint a commission rrelative to receivirtg offers for-the Governor's Mansion 830 876 928
A resolution to authorize the City of Atlanta to build certain villducts over the rights of way of the W. & A. R. R _________________________ 856 876 936

A resolution to C. B. Weatherby stenographer of the joint committee to rearrange the Judicial Circuits ___________________________________ 858 876 909

A resolution to pay pension to Mrs. Sarah Rigsby for

1908___ ---------------------------- -- -- -- ----

870

A resolution to widen Peachtree Street in the City

of Atlanta.__________________________________

930

A resolution to provide for the bringing up of the

unfinished business of the House and Sena.te__ __

937