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'..}.. 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_ ~ 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 nl)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. 1G6 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- 170 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 WEDNESDAY, JuNE 29, 1910. 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. 172 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. 174 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. THURSDAY, JUNE 30, 1910. 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. 176 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- 178 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 couland 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). 236 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: 248 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 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. r. -.-.-o-- - - - ~ ;------:+.'- . j<.o~U-'Jl)"O. I a.' WiX!t"O.)I.YO. 3t'X X S'O. ' 1'-~--, r I I .,'I I I I c I I I 1,,:ooo ~!~ I I ~----------------~----------~---4l .JJ I 2.1UOOO ! I I ~------------------------1------A-------~~--,--~:------------------1-1-"----------------------~~1 13!i 000 ' I I I I I I ----------C10-- ---- :I ' :-------- --- ,.; ______ . -- ----------- -2.3l:---- ------- .. --- 1 -------------->t, 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 Woon 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 Iport : 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.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.: Alage 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 Vnade, 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\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: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