JOURNAL OF THE SENATE OF THE. STATE OF GEORGIA AT THE. REGULAR SESSION OF THE. GENERAL ASSEMBLY At Atlanta, Wednesday, June 28, 1911 ATLAN'l'.t, GA. CHAS. P. BYRD, STATE PRINTBB. 1911. JOURNAL SENATE CHAMBER, ATLANTA, GA., wednesday, June 28, 1911, 10 o'clock, A.M. The Senators elect for the years 1911 and 1912 met at 10 o'clock A.M., June 28, 1911, in the Senate Chamber, and was called to order by Hon. C. S. Northen, Secretary of the last Senate. The Secretary of the State submitted to the Secretary the certified list of Senators-elect. The following is the list: MEMBERS OF SENATE, 1911-12. DISTRICT. NAME. ADDRESS. 1st__ __: _______A. N. Grovenstien____________ Guyton 2nd__________ J. P. Brown _________________Lyons 3rd __________J. A. Cromartie __________ :__ ___ Hazlehurst 4th _________ ~W. W. King ______ ----------_Woodbine 5th_--------~W. T. Dickerson ____ -------- _Homer.ville 6th __________ T. C. Culbreath_____ ---------Tarver 7th ____ -----rL. C. Graham_____ -------- ___ Cairo 8th__________ Isaac A. Bush___ ---------- ___Pelham 9th __________ R. E. L. Spence______________Newton lOth _________J. S. Shingler___ ---------- ___Ashburn 10 JouRNAL OF THE SENATE, 11th _________ E. R. Shaw__________________ Fort Gaines 12th _________ T. W. Oliver_________________ Georgetown 13th _________J. E. Sheppard_______________Americus 14th _________ Isaac Williams _______________ Raines 15th _________ W. S..MallD, _________________ McRae 16th _________ W. N. Kight_________________ Kite 17th _________ 0. B. Aaron _________________ Tarboro 18th _________ W. S. Morris________________ _ 19th ________ ~E. A. Copelan________ ________ Greensboro 20th _________ C. J. Duggan ________________ Sandersville 21st _________ J. D. Davis__________________ Irwinton 22nd_________Dr. J. C. Beauchamp _________ Williamson 23rd _________ C. B. MarshalL ______________ Reynolds 24th _________ W. D. Crawford ______________ Buena Vista 25th _________ J. B. Douglass _______________ Talbotton 26th _________ A. 0. Blalock ________________ Fayetteville 27th _________ J. H. Fetker_________________ Monroe 28th _________ G. W. Adams ________________ Eatonton 29th _________ W. W. Hamilton ____________ _ 30th _________ W. E. Whitehead _____________ Carlton 31st__________J. D. Prather ________________ Toccoa 32nd_________ C. H. Edwards_______________ Cleveland 33rd _________ T. F. HilL __________________ Homer 34th _________ Dr. J. W. Mason _____________ Decatur 35th _________ Jno. M. Slaton_______________ Atlanta 36th _________ W. T. Roberts _______________ Douglasville 37th _________ O. A. Moore _________________ Texas 38th _________ Wm. J. Harris _______________ Cedartown 39th _________ S. T. Worley_________________ Elberton 40th _________ H. C. Blalock________________ Burton 41st__________J. R. Kincaid ________________ Blue Ridge 42nd_---~----W. H. Ennis _________________ Rome 43rd ______ ~-_c. T. Owens _________________ Crandell 44th _________ W. C. Hullender ____________ _ Icertify that the above list is a true and corre-schools and pensions-have' bee:8: greater than the additions to the usu:al t~venues: '' Therefore, unless abnormal growth in income is nssured, increases in expenditures must be avoided, or a deficit of embarrassing proportions may have to be faced within a few years. The general conditions brought about by' .the legislation of your predecessors in office have failed to aid in bringing a condition of affairs wherein the school teachers can be promptly paid. l especially call your attention to that status and urge your attention to the justice of making prompt payments t)f the salaries of the teachers. Our entire fiscal system is out of date and cumhersome. rrhe financial year beginning in the midst of the tax-gathering period, and appropriations often being made two and one-half years in advance, and the State lacking a modern method of accounting, there is no way of determining beyond all question the present or prospective condition of our finances. The confusion resulting may be illustrated by the _fact that we always begin the year with a substantial balance in the treasury; but are compelled to seek loans in order to tide affairs through late summer and early fall when collections regularly are meagre. Figuring from one premise a large and growing deficit is patent; on another, the .State begins each year with a gratifying surplus. WED:s-ESDAY, JUNE 28, 1911. 27 But the necessity for borrowing funds has become pressing earlier and earlier each year, excepting those years when the situation was relieved by the receipt of extraordinary revenues; thus nidieating that instead of the condition of the State's finances improving, we are falling further behind as time passes. I would suggest that your honorable bodies take steps to learn the true condition of affairs, in order that you may be guided by the facts as they are. At the same time, it might be well if you would take action looking to a complete reformation of our fiscal system by the substitution of methods and means that will enable you and this Department to become advised of true conditions at any time. This Department can only disburse that which is raised by means initiated by you, and then appropriated by you. Skillful disbursing of revenues means much, but skill cannot in the end make a dollar cover an appropriation of more than that amount. It should be your aim to place our treasury in that condition whereby each obligation of the State may be met when due; if this can be done best by a poliQY of retrenchment you should not hearken to the many pleas for new or increased appropriations. In this connection I would call your attention to the crying need of a better system of auditing ac- 28 JouRNAL OF THE SENATE; counts. Neither the Comptroller-General's:nor this office has the clerical force necessary to making that minute inspection of bills and claims which the demands of plain business require. I am confident an auditing department, with authority to supervise all expenditures, would save many times its cost each year. Briefly, I direct your attention to the need of a more business-like method of assessing property for taxation. The present voluntary system is productive of inequalities that inflict serious injustices. Every species of property should be forced to bear its proportionate share of the tax burden. There is no other feature of our State government in greater need of re-adjustment. If all property which is escaping, partially or wholly, the payment of taxes were forced to bear its share, revenues sufficient to dispel every financial cloud would be drawn into the treasury-of the State. REGISTRATION LAws. In my annual message to the General Assembly which convened June 25, 1910, I took the position that the Registration Law enacted in 1908 was more drastic than that in any other State in the Union, and that as the result of its operation a vast number, which I estimated approximately at 100,00()-, of the white men of Georgia were deprived of their former right to vote. Hence, I recommended the removal of those conditions for the franchise which WEDNESDAY, JUNE 28, 1911. 29 in our law are more stringent than those m like laws of any other State. :ui some circles this proposition was seriously questioned. I, therefore, during the latter half of the past year, requested the Census Bureau at Washington to furnish 1lo me at an early date the total number of white men, 21 years of age ana upward, in each county in Georgia, as determined by the census in 1910. The request was at first declined, with the statement that the figures in question could not be furnished before September, 1911; but, later, the Superintendent of the Census agreed to advance Georgia ahead of any other State for the above informa.:. tion, and completed it about April 30. The official figures show that Georgia, in 1910; had 353,552 white men of voting age. Now, recalling the fact that the total number of white voters reported by the Tax Collectors in the counties in the State as registered in 1910 was 261,007, we find that 92,545 were debarred from voting. It is fair to say that possibly 2,000 were disfranchised by crime, and something like 5,000 were foreigners not naturalized (the number in 1900was 3,004). 30 JouRNAL OF THE SENATE, Therefore, it is undoubtedly true that upwards of 85,000 of Georgia's white men were initially disfranchised in 1910 by the operation of the Registration Law, which, however, placed the names of more than 12,000 negroes on the voting list. It is more than probable that the exact number exceeded 90,000, since, under the law, registrars, appointed for the counties by the judges of the superior courts, "purged" the lists furnished to them by the Tax Collectors. In Gilmer County, for instance, the United States census shows 1,996 white men 21 years of age and upward. Of these the T.ax Collector registered 1,771, which number the registrars "purged" to 1,474. The partisanship of the registrars which, in this county removed from the registration list nearly 300 of the citizens of Georgia was probably not repeated in counties other than in the Judicial Circuit in which Gilmer County is located; but the various technicalities of this law, and the powers over the electorate given to the registrars, almost assuredly added to the list of the disfranchised white men an aggregate of several thousand more than those shown by the lists furnished by the Tax Collectors. In further proof of the astonishing effects of this law upon the white manhood of our State, I give the figures of Fulton County, viz.: Total white men of voting age, 35,861; total registered, 14,172; total WEDNESDAY, JuNE 28; 1911. 31 not registered, 21,689. Therefore, only two voters out of every five were enabled, under this law, to exercise the right of franchise in the county wherein your honorable bodies are sitting to-day. I will add that, as a justification of this law, it was contended by its advocates that in the primary in 1908 4,000 fraudulent names were placed on the registration list in Fulton County. The total number of votes cast in the above county in that primary was 14,775. Therefore, the above statement leaves as legal voters in Fulton County in the primary in question, 10,77ffit But the average yearly increase from 1900 to 1910 shows that in 1908 there must have been more than 32,000 white men ,of voting age in Fulton Co"':lnty. Hence, if the assertion be true that only 10,775 of the votes cast in that primary were legal, how will we separate the 4,000 alleged fraudulent voters from the 15,000 to 20,000 undoubtedly legal voters who did not vote? I have no more interest in this matter than has any other reputable citizen of Georgia, far less than have upwards of 90,000 of her white manhood who have been deprived of the right of the franchise; but honored with their confidence as I have been by the people of this State, I would be recreant to duty were I to fail to impress upon you my conviction that the honest white men of Georgia are entitled to be protected, not restricted, iii their rights. 32 JOURNAL OF THE SENATE, The total :figures on this subject for each county in the State, I will give in an appendix to this measage, which will be printed for the information of all who desire to know the status in their own counties. Aside from the injustice which the fault I protest inflicts, I think all ,will agree that the law as it stands is too complex, in many ways too obtuse, and entirely confusing. For instance, it would be exceedingly difficult to establish the voting status of any citizen in case of a State-wide special election in a non-general election year. The law presents the remarkable anomaly of repealing itself for practically the :first sn months of such off-years and of leaving the balance in a maze of complexities which probably would lead to the disfranchisement of thousands who were qualified for the elections of the previous year. In the same category of laws I think it my duty to direct attention to another confusing situation that will arise next year unless you take steps to prevent the same. Under the Act approved August 15, 1908, no regular State-wide primary can take place before August, or within sixty days of the general State election in October. Conventions always follow the white Democratic primary, and in these conventions have been chosen the delegates to the national conventions of the dominant party. WEDNESDAY, JUNE 28, 1911. 33 The national convention is held usually in J nne or July, and it is fair to assume that the one of next year will take place sometinie before the regular primary can be held legally. Therefore, how are delegates who will virtually decide the course of this State in the matter of selecting a President to be chosen T Unless some provision is made for overcoming this effect of the law there will have to be .a special primary, or convention, which would mean two primaries and two conventions the same year. As it stands, the small nuinber of men in control of the party machinery may supplant the people in dominating the situation. Understand me, I am not opposed to a law preventing early State primaries, and I do not desire this law's repeal, so far as it relates to that question. But the individual voter has a right to an expression as to whom he desires nominated on that ticket and the formation of the platform of that party which it has been the invariable custom for many years for the majority of our white citizens to support. A Democratic nomination amounts to election, so far as we are concerned. It has been customary to name United States Senators by popular vote; by that method we nominate virtually all of our State officials. Therefore, I submit that something should be done whereby the voters will be guaranteed some voice in the S'election of the one who will receive their support for the highest office in th~ country; and to prevent this 34 JouRNAL oF THE SENATE, important matter being left to the personal wishes or whims of the few men composing or dominating an executive committee, I respectfully recommend that you enact such legislation as may be needed to guarantee an expression of the will of the voters. RAILROAD CoMMISSION. I respectfully renew the suggestion, made in my two preceding messages to the General Assembly: that the number of members of the Railroad Commission be reduced to three, and that the office of Special Attorney for the said Commission be abolished. There is really no more reason why there should be five Railroad Commissioners than that there should be five Prison Commissioners, or a surplus of officers in any other department of the State government. Only one of the Railroad Commissioners is required by law to devote all of his time to the duties of the office. It is merely a matter of choice with the other four as to whether they are in the Capitol building as many as a dozen times a year, and yet the taxpayers must pay their salaries whether they do or do not work. I recommend, therefore, that the number of Commissioners be reduced to three, elected with regard to geographical location, and that each be required to devote all of his time to the duties of the office. WEDNESDAY, JUNE 28, 1911. 35 Even if it becomes necessary to advance the salaries of the two other than the Chairman, the expenses could still be made less than at present. And, inasmuch as a farmer is elected Commissioner of Agriculture, and a geologist is named for the office of State Geologist, it should be required, as was formerly the case, that one member of the Railroad Commission have technical knowledge of the operations of the vast properties placed in his charge. For thirty years the Attorney-General advised with the legal member of the Railroad Commission when necessary. The same course could be pursued in future, thus dispensing with the surplus office of Special Attorney for the Railroad Commission. After December 1st, next, barring contingencies, there will be four lawyers on the Commission; already there are three. PoLICY TowARD THE RAILROADS. And, in connection with the foregoing subject, permit me to say that in dealing with the railroad corporations for the last twenty years or more, our people, our legislators, executives, and, to a degree, our judges, have had their ideas, utterances and acts directed almost exclusively into one channel, viz., that of rates. The problem as to how much toll on persons and property these corporations shall be pe:rmitted to charge has been the burden of the general song. The variations have been an occasional vibrant note on the building of better depots, 36 oF JouRNAL THE SENATE, or fines for failure of the owners of the carrierS' to furnish cars to shippers. All this trend which has given direction to the application of the laws, and has, furthermore, caused the enactment of new laws which have gradually become more and more rigid, has been characterized by the apparent loss .Df sight of the fact that the factor of rates, or the earnings on the capital invested,-both of which should be controlled largely by the law of supply and demand,-is not the only important phase of the relations of the railroads to the public which should come under the regulating power of the 8tate. We should hold in mind that their primary duty is that of common carrier and that the basic principle involved in carriage is the furnishing of full and equal facilities to all with comfort, safety and promptness. It is frequently forgotten that the owners of the railroads are just as much citizens of this and sister States as are the owners of farms and factories, of banks and business houses, of newspapers or any other kinds of property; and such being the case, they are just as much entitled, as are all other investors, to the guarantee of our State's Constitution, viz. : ''Protection to person and property is the paramount duty of governments and shall be impartial and complete.'' Furthermore, we are prone to ignore the rights and deserts of the tens of thousands of Georgians, W~DNESDAY,, JuNE 28, 1911. 37 and of the sections in which they live, who are without any or adequate railroad facilities, but who are as much entitled to the assistance of the State in procuring those advantages of transportation as are those, who are more fortunate, entitled to the protection of the State against unjust exactions from public S'ervice corporations whose facilities they have. It may therefore be asserted that we have reached tshheoutilmd easwk hifertehienreoubre own not interest demands that we something for attention in the State's policy toward the oWn.ers of the common carriers more important than the continuous and aLmost exclusive consideraltion of how much in- come they shall be permitted to receive on their in- vestments. In other words, inasmuch as it has been proveri beyond the power of denial that reductions of rates on many articles do not reach the masses of the people but lodge with certain classes, it would be proper to confine future reductions to such as would benefit the masses, or would prevent or correct avoidable unjust discriminations, and make "protection to person and property the paramount duty" of the common carriers. In the Latin maxim: ''Salus populi suprema est lex,'' i. e., ''The safety of the people is the supreme law," we find the cardinal end to be accomplished by government. And that end should be sought for on the railroad track equally as in the jury box or in any other forum where government exerciser its 38 JouRNAL OF THE SENATE, functions. And it should thereon, as in the other forums, be ''impartial and complete.'' It is a matter of record that the Pennsylvania Railroad last year handled 133,000,000 people without killing or injuring one. A like record on the railroads of Georgia is our disideratum. We wish every citizen of this State who travels or sends members of his family on railroad trains, to have practically a guarantee of safety for life and limb and of prompt arrival at the destination toward which he or they may start. And second only to the question of safety and convenience to person is that of such facilities as will furnish to our people the power to transact business in accordance with the demands of the age. The State of Georgia is today standing on the threshold of a development, if her people will it, more marvelous than was dreamed of by our fathers. The State of Illinois, with less than Georgia's area hds nearly double Georgia's railroad mileage. Many of the railroads in Illinois were built by the aid of land grants by the Federal government. In Georgia we can have no land grants, but must attract capital for development by a show of our resources and the guarantee of impartial and complete protection, Georgia needs fifty per cent. more of railroads,new railroads-to place her in position to stand upon WEDNESDAY, JuNE 28, 1911. 39 the imperial plane which is rightfully hers. Her people must have all the present main lines doubletracked so as to enable them to safely, promptly and properly handle the expanding commerce. They need a multiplication of the present appliances for handling the people and property with greater dispatch and security. But we will get these facilities for progress only as they can limp into position if we do not guarantee to capitalists who would furnish them that the protection which the Constitution says ''shall be impartial and complete" applies to their investments. The people of Georgia, therefore, are more interested in the fair and broad-minded solution of this problem than are the capitalists, or, if Georgia will progress, she is obliged to have these investments within her borders, whereas capitalists are not obliged to locate them in Georgia. As to whether the building of new railroads and increasing facilities placed on those now in operation would be of greater value to the State and its people, I will prove by analogy in two tables which will be printed with this message. In the :first will be shown the counties which have never had any railroads, in the second will be shown what were formerly an equal number of counties, but whose are!!, by reason of internal developments, ha;,.e been divided into n greater number. In the latter group 40 JouRNAL oF THE SENATE, railroad building has been active during the last dozen years. The eleven counties in the first table had, in 1880, an aggregate of 74,041 inhabitants, in 1910 an aggregate of 84,389. Total increase in thirty years 10,348; percentage of increase, 14. The aggregate value of the whole property in these counties in 1880 was $7,371,782, in 1910 the same was $12,570,935. Total increase in thirty years, $5,199,153 ; percentage of increase, 70. These counties have no railroads. The formerly (in 1880) eleven, now sixteen, counties in the second table had, in 1880, an aggregate of 67,163 inhabitants, in 1910 an aggregate of 292,522. Total increase in thirty years 225,359 ; percentage of increase, 335. The aggregate value of whole property in these counties in 1880 was $8,849,291, in 1910 the same was $66,737,864. Total increase in thirty years, $57,888,573; percentage of increase, 654. In these counties railroad building, as stated, has progressed rapidly in the last dozen years. If we take a single county from each table, for the object lesson, we will find that, where Milton county in 1880 had 100 people, in 1910 she had 115 . people; and where her people in 1880 had $100.00 worth of property, in 1910 they had $172.00 worth of property. WEDNESDAY, JUNE 28, 1911. 41 In contrast with this, let us take Colquitt county, in which, unlike Milton, railroad building has gone rapidly forward in the last dozen years. In Colquitt county we find that where there were 100 people in 1880, there are now 790, and that where her people in 1880, had $100.00 worth of property, they now have $1,555.00 worth of the same. The people of Milton county may well ponder over these figures and the lesson they teach. In conclusion on this subject, I will say that the State which created the corporations should never waive the right nor a:bdicate the power to control them. But that control should ever be based on justice and exercised with wisdom and in moderation. Permit me to emphasize the fact that I believe it the duty of the State to see that the people are not oppressed by those corporations enjoying public franchises. Massed in grand totals, a few cents difference in a rate on a much-used product simulates an importance that it does not possess. If reductions satisfactory to the greatest extremist were made, it would mean a saving of only a few dollars a year to the average citizen. While appearing tremendous in the aggregate such reductions would not be one-half so important to the average consumer, the farmer or mechanic, as the assurance of safety, promptness, dispatch, comfort, and development. 42 J Ol:RNAI, ..OF THJ'!. SENAT~1 ,.And ~:Q.,en :. we bear .in mind that t.he railroad com- panies of Georgia employ upwards of 25,000 men whose families include at least 100,000 more people, and that these raise no agricultural products al!d sell no goods-but buy b()oth-we can easily see th:t t it is to the interest of every farmer, manufacture~ and storekeeper that the owners of the railroads be allowed an income great enough to pay good wage" to those employes, besides paying other bills to pro teet safety and leave a reasonable percentage of mt. earnings on their investments. To make equitable charges for the service rendered is only one of the duties the railroad owes the public. T.hey should lead in the general upbuilding of the country, for they are the greatest factors in development. This they should be given full opportunity, and, if necessary, compelled, to dQ. 'vEsTERN & ATLANTIC LEAsE. The lease of the Western & Atlantic railroad will end December 27, 1919. It is consequently proper to. begin to consider the question of its disposition at the end of the present lease. . In my opinion the State should not entertain any proposition to sell this property, and she should not make any lease contract for a period longer than thirty years. By thiS' means she wQuld be enabled to take back the road once within the lifetime of each generation and adjust it to the changing conditions Qf the trade of the country. WEDNESDAY, JUNE 28, 1911. 43 It is quite probable that the main lines of the railroads in this State and section will be doubletracked within the next ten or fifteen years. The expanding commerce of the United States will require the increased facilities indicated. It may be proper therefore for the State to consider this question with the present lessees or their successors, and, by some allowance from the monthly rental for a limited period of years, to enable the leasing company to provide a double track, it being agreed that the two tracks and all appendages shall be the property of the State at the end of the lease. This arr~ngement therefore would maintain the Western & Atlantic on a parity of facilities with its competitors, and hold for the people of Georgia a proper valuation of this, their greatest piece of property. ., I will add that, as it is primarily a carrier, great caution should be exercised in considering any propositions to dismantle the road by diverting to other uses the terminal properties at either end. Fully thirty per cent. of its power to control traffic is found in the easy access of the public to its depots and yards. The State now owns advantages in the above respect from which she should not abdicate. She should at all times hold as the cardinal thought in the consideration of this great property its capacity for protecting the people of Georgia in the power of competition. ,. 44 JouRNAL oF THE SENATE,'- Goon RoADS. The policy of the State in regard to building public highways may be considered as an established one; hence, I recommend the creation of the office of Road Commissioner, said Commissioner to be a civil engineer of experience, whose duty it should be to supervise the building of the public highways. He should be given authority to see that there is some degree of concert of action on the part of the various counties in the matter of road construction; and it may be advantageous to create an advi:~wry hourd to co-operate with him, the mileage and other nctual expenses of the members of said board wi1en in dis charge of their duties to be paid by the State. 'l'he State as a whole has an interest in the roads of every county, and the main thoroughfares should be worked not only from the local or cummunity standpoint but from that of all the State as well. A State-wide system will give to each of its units an added local value. As a basis from which to work and still preserve local control of the operations of the conyicts, I suggest that each county be required to employ a fair percentage of its workmen on the roads that lead from county site to county site, except where these roads are in the highest state of effidency. This would soon give the State a net-work of splendid highways. WEDNESDAY1 JUNE~~' 1911. 45 The Commissioner should be directed to advise the county authorities as to laying off roadways and handling their facilities in the best way not only for each county but for the State at large. PARDONS. Applications for clemency have assumed the proportion of a positive burden on the Executive office. It may practically be asserted that this office is looked upon as being a court of last resort, or a court of correction. And to that extent it is almost daily being requested to usurp the functions of the courts. Besides demanding a large amount of his time, which should be devoted to other matters, the perversion of the idea as to the proper exercise of the clemency function is coming virtually to force the Governor into the position of condemning every criminal who is punished. Instead of presenting facts which could not be brought before the courts, it is often insisted that the Governor shall adjudge that the courts have handled improperly the evidence before them. In other words, it has reached the point where the Governor is q~ite frequently called -upon to exercise at the s-ame time the functions of defendant's counsel, juror, judge, and Court of Appeals or Supreme Court, he being expected to correct the real and imaginary errors of each, and, on occasions, all of them, as well as to supply all real or fancied deficiencies in the law. It is a truthful saying that justice should be 46 JouRNAL OF THE SENATE, tempered with mercy, and it is necessary that the pardoning power be invested in someone, but in considering this matter of executive clemency it should be ever held in mind that the protection of society is the highest duty of government, and that the affairs of those who obey the laws should be given higher consideration than the personal wishes of those who have set the laws and the rights of others at naught. While the General . Assembly cannot interfere with the Constitutional investiture of authority in the a:bove matter, it has the power to decree how applications for clemency shall be brought; and I would suggest that legislation be enacted which will save the Executive office from the necessity of having to consider in detail, any and every appeal, manuscript and oral, which some convict or some friend of a convict desires to make to it. It has reached the point where the Governor is called upon to retry the most trivial cases; and frequently applications are immediately renewed, based upon fresh technicalities, upon dismissal. I will here state that, except in a very few cases of emergency, when the members of the Prison Commission were absent, I have insisted that pardon applications be considered by that Board, as is the clear intent of the law. I also call your attention to the synopsis of pardone, commutations and paroles, from which you will note that of 303 cases of .the exercise of Executive clemency under the WEDNESDAY, JUNE 28, 1911. 47 above three heads, 173 were granted on the application of the trial judges, solicitors or juries, or frequently by the joint request of all three. And in an overwhelming majority of the total number of cases the plea for pardon was participated in by some, and occasionally almost all, of the county officers. Under these conditions, when the trial authorities and conservators of the peace in a county join in the pressure for turning the convict loose, the Executive must indeed be sure of his ground if he alone insist that the decree of the court be upheld. I also call your attention to the fact that, in-. eluded in the number of pardons and commutations during the past twelve months, are 24 which fulfilled the legal conditions of paroles granted in 1909 by my predecessor in office, and 20 of the same granted by me during the latter half of 1909 anq in 1910, and which were properly certified to me by the Prison Commission. I have no fault to find with the Prison Commission. It has done its part of this work conscientiously and well. But, in handling applications for clemency, its members frequently reach conclusions.., at variance with those reached in the Governor's office. It operates under a law of the General Assembly which makes it a Department separate and distinct; therefore, the Governor has no right to give directions to it._ Constitutional responsibility resting upon the Governor, and the Commis- 48 JouRNAL oF THE SENATE, sion acting as a separate establishment, this office is compelled to devote practically as much time to the subject of pardons aS' if the Commission did not exist. Perhaps a better plan would be to delegate one Commissioner who alone shall have to do with pardons and who shall work in that respect under the direct supervision of and be aiiJ.enable to the Governor; or a Pardon Secretary versed in criminal law, or an Assistant Attorney-General, to look after the details of clemency applications and make all preliminary investigations. The method of handling pardons should contemplate something more than the investigatioiL of formal applications brought by friends or attorneys for convicts. Deserving prisoners who have lost all connection with friends and have no money to employ lawyers should be searched out and their ct>ses investigated on the motion of the State. No doubt there are hundreds of such in the penitentiar,v and their laC'k of connections, or knowledge as to how to proceed, should not bar them from that consideration to which humanity and justice entitles them. The Prison Commission can be fully ~ployed in safeguarding 'the welfare of the convicts who are distributed in more than a hundred counties and divided among a larger number of individual camps, and in supervising the operation of the State Farm and State Reformatory. . WEDNESDAY, JuNE 28, 1911. 49 In this connection, I would suggest that the Commission be given authority and directed to inspect jails. It is more important that persons detained merely for trial be properly cared for than that those already convicted of crime be treated well. Many good women have urged me to advocate the enactment of a law providing for the inspection by women of those quarters occupied by female prisoners. I deem the suggestion a good one and well in keeping with the demands of actual propriety and broad humanity, and as such commend it to you. GoVERNORS' CoNFERENCE. As is well known, the Governors of the various States of the Union, annually hold a conference for mutual interchange of thought and with the idea of unifying, as nearly as can be made practicable, the laws which similarly affect in their application the peoples of all the States. Their suggestions to the legislative bodies and for general interchanges of thought may ultimately work out great good. It is the practice of most of the States to pay the expenses of their Executive officers when in attendance upon these annual conferences, also for printing and otherwise preparing the minutes of their meetings, and other expenses incidental thereto. The State of Georgia has no provision in law for this expenditure, hence, the payment must come from 50 JouRNAL OF THE SENATE, the Governor, individually. I respectfully suggest the enactment of a statute authorizing these expenses to be paid from the contingent fund of the State, inasmuch as Georgia scarcely expects her Governor to fail to attend these annual conferences. THE GREAT SEAL OF STATE. It is a matter of public note that the Great Seal of the State of Georgia has become so worn by use, that its impression is now practically indistinguishable. As hallowed by association and memory as is this great symbol of Georgia 's sovereignty, common sense would seem to demand that a reproduction of it be made, which would enable all of the great documents of this State to be properly stamped: I, therefore, recommend that your honorable bodies take steps to effect the above purpose. CoMMISSION GovERNMENT FOR CITIES. Great attention has been attraced hy the new form of government, known generally as the ''commission form,'' which has been adopted by many cities in other States. In several of our own municipalities the question of testing such plans of government is being discussed. As it is each one desiring to submit a proposed change to the people must come to you for a new charter. It occurs to me that the Legislature might pass a general bill under which any city could pass WEDNESDAY, JuNE 28, 1911. 51 on the matter more easily. Of course, it is not incumbent on you to provide, on your own motion, any form of government for the cities, and all that you could or should do is to pass general legislation enabling the people of the different cities so desiring to express their will with greater dis- patch. I commend the matter to you as worthy of consideration. T~E STATE GEoLOGICAL SuRVEY. I would call the attention of the General Assembly to a need of more funds for the State Geological Survey, in- order that this Department may be able to carry out three different lines of work planned h) the State Geologist. The work here referred to is soil survey, swamp and overflow land reclamation, and waterpower investigation. The fact that soil mapping offers the only possible means of correlating the results of experimental farming over large areas and at the same time gives valuable informa tion concerning the nature and eharacter of soils, makes it very essential that this line of work be taken up at once. The importance of swamp and overflow land drainage is at once recognized when it is stated that practically one-fourteenth of the area of the State, or 2,700,000 acres, of these lands occur in Georgia. Ruch lands, which in most cases are extremely fer- JouRNAL OF THE SENATE, tile, now pay not only little or no revenue to the State in the form of taxes, but they are a menace to public health, as they form breeding places for fever-producing mosquitos and other noxious insects. Our water-powers are unsurpassed by any of our Southern States. They represent a perpetual source of mechanical energy which is the key-note of our manufacturing expansion. These powers should be thoroughly investigated and their possi'bilities made known to the citizens of the State. I understand from the State Geologist that arrangements have been perfected with the Federal Geological Survey and the United States Department of Agriculture whereby these Departments will pay one-half the expenses of the three different lines of work above outlined on the condition that the State will pay an equal amount. DEPARTMENT OF LABOR. The last two platforms of the dominant political party in this State are committed to the creation of a State Department of Labor. In line with recommendations twice made to your immediate predecessor I urge, as a matter of simple justice to the workmen in industrial pursuits and as an economic need, the establishment of such a Department. EDUCATIONAL PROGRESS. During the past year our material progress has been great, but more flattering and more important -\VEDNESDAY; JUNE 28, 1911. 53 than the growth of industry has been the advance in educational matters. But in this field the State has not yet reached a condition even approaching the full needs of the situation. Every white child ii'i entitled to a common school education with full and free opportunity to pass through high school and reach the college or university. Beginning with the common school, we should never relax in our efforts to raise the efficiency of our educational system throughout to the very highest possible point. I believe the time has come when we can and should take steps looking to the elimination of all il1iteracy from at least the white children of Georgia, and these steps should go further than the mere providing of school houses and teachers. REPORTS OF STATE OFFICERS. It gives me great pleasure to commend all the officers of the State government with whom I have been associated during the past two years. No government can boast officials more scrupulously conscientious, or, as a rule, more capable. On the whole, ours is a remarkably economical government, and it has been unusually free of those occurrences which indicate dishonesty or incapacity on the part of officials. I call your attention to the reports of the heads of the various Departments and sub-Departments. Each of them contains information and re~_Qmmen- 54 JouRNAL oF THE SENATE, dations of which you should be advised, but demands of space prevent their reproduction here. In conclusion, permit me to express the hope that in all matters affecting the interest of the people of Georgia you will counsel together in a spirit . of harmonious accord. Our great State holds the first claim to the fealty of her sons. There are so many purposes which we can accomplish for her glory and for our mutual well-being that we can afford to _give chief consideration to them, leaving our differences to be debated after .we have discharged our duty to the laws. If, forming a co-op~ erative and constructive union, if, bringing about a federation of the units of the sovereign people, we can establish peace and prosperity on the foundation of love for God and our fellow man, we will not only leave a heritage of happiness for our children but will secure for ourselves the indestructible reward of approving conscience. Respectfully submitted, WF!DNESDAY, JUNE ~$, 1911. 55 EXHIBITS TABLE No.1. Eleven Counties having no Railroads. Population Aggregate value of whole property. 1910 1880 1 1910 Bak~r ___________________ _ Banks___________________ _ 7,307 7,337 Dawson _________________ _ Fo~h _________________ _ 5,837 10,559 II~----------~--------- 8,769 M~~il~tq~n~_~_~_~__~_~_:_:__~_~_~__~_:_~_:_1J 6,412 6,526 6,261 Towns ___________________ , lJnion ___________________ _ VVlrlte ___________________ _ 3,261 6,431 5,341 7,9731$ 590,8831 $1,209,361 11,2441 842,740 1,456,306 4,6861 567,601 784,448 11,940 1,227,243' 2,228,918 11,189 933,540 1,247,355 8,714 671,733 971,538 5,444 539,304 1,088,445 7,239, 840,992 1,446,670 3,9321 248,277 564,135 6,918 429,570 741,117 5,110! 479,899 832,641 74,041 84,389 $7,371,782 12,570,935 74,041 7,371,782 Inc~ --------------- 10,348 Increase-------- 5,199,153 Percentage of increase, 14 Percentage of inc~, 70. ;JOURNAL OF THE SENATE, TABLE No.2. Eleven original, now sixteen, counties marked by the building of railroads since 1880. I I Population I 1---::r.~1. Aggregate value of whole property. 1880 1 1910 BBeernriHeni-l-l---~------------------------------1----6--,6-1-9-'. ade __________________ I>awson ______ --------I>ecatur_________ --- --I>eKalb _______ --,----I>odge _________________ I>ooly _________________ I>ougherty _____________ I>ouglas _______________ Early ____ ------------Echoffi _________________ Efiingham _____________ Elbert_____ - __ -_------EmanueL ______ ---- - - Fannin _______________ - Fayette ________ ------Floyd _________________ Forsyth __________ ----Franklin _______________ Fulton _________ c _____ - Gilmer ________ -------Glascock ______________ Glynn____________ - _- -Gordon ________________ Grady _________________ Greene ________________ Gwinnett ______________ Habersham ___ ,____ ---HalL _______ ---------Hancock _______________ Haraffion __________ ---Harris _________________ Hart ______________ ---Heard _________________ Henry _________________ Houston _______________ Irwin _________________ Jackson _______________ Jasper _________________ Jeff I>avis _____________ Jefferson _______________ Jenkins ________________ Johnson _______________ 3,107 821 1,915 892 1,012 2,957 4,824 2,521 1,889 1,242 1,610 1,616 540 1,387 2,870 3,316 2,680 1,671 6,483 2,326 3,057 35,861 1,996 722 1,763 3,372 2,487 1,725 5,576 2,126 4,934 1,234 2,553 1,302 2,496 1,623 2,238 1,637 1,258 4,993 1,300 1,016 1,936 1,008 1,706 :.!,873 769 1,640 682 858 2,029 2,028 2,468 1,738 1,106 1,327 1,695 492 1,204 2,264 2,910 1,899 1,742 3,467 1,834 2,327 14,172 1,771 664 864 2,638 1,861 1,574 4,747 1,894 3,617 1,007 1,866 1,252 2,125 1,286 2,026 1,558 1,626 3,795 1,388 830 1,664 858 1,626 1,193 1,904 234 248 573 52 496 1,419 2711 223 669 210 220 792 154. 878 2,079 928 1,447 3,377 2,796 799 1,722 53 675 1,214 151 343 899 136 506 1,104 283 559 1,057________ 81 459 48 346 1,041 183 1,085 1, 785 606 1,130 2,186 406 322 2,358 781 590 1,08L _______ 1,259 5,224 3,016 792 1,534 492 1,221 1,836 730 5,538 30,323 21,689 533 1,463 225 87 635 58 294 1,469 899 1,087 2,285 734 643 1,844 626 848 877 151 1,822 3,754 829 779 1,347 232 1,421 3,513 1,317 493 741 227 679 1,874 687 565 737 60 1,032 1,364 371 454 1,169 337 782 1,456 212 504 1,133 79 467 79L _______ 1,389 3,604 1,198 531 769 273 743 186 524 1,412 272 447 561 150 616 1,090 80 WEDNESDAY, JUNE 28, 191i. 59 Jones _________________ Laurens _______________ Lee ___________________ ldberty________________ ldncobB ________________ Lo~des _______________ LUDBpkin ______________ ~ci>uf6e ______________ ~clntosh ______________ ~aeon ________________ ~aClison _______________ ~arion ________________ ~eriwether ____________ ~iUer _________________ ~ilton ________________ ~itchelL ______________ ~onroe _______________ ~ontgoDlery ___________ ~organ _______________ ~urray _______________ ~uscogee ______________ ~ewton _______________ Oconee ________________ Oglethorpe _____________ Paulding _______________ Pickens ________________ Pierce _________________ Pike __________________ Polk __________________ ~ki ________________ PutnaDl _______________ QuitDlan _______________ Itabun ________________ ~dolph ______________ FtichDlond _____________ Etockdale ______________ Schley _________________ Screven _______________ Spalding _______________ Stephens _______________ Stewart _______________ SUDBter ________________ Talbot ________________ Taliaferro _____________ Tattnall ________ ------- 953 4,055 462 1,115 821 2,956 1,198 1,059 410 1,168 2,658 913 2,620 1,059 1,521 2,363 1,661 2,786 1,566 2,132 5,137 2,178 1,431 1,773 2,689 1,906 1,722 2,241 3,338 2,198 991 271 1,243 1,519 8,866 1,300 499 1,940 2,496 1,712 818 2,082 908 592 2,805 953 3,213 440 659 761 2,230 998 945 273 942 2,400 752 2,438 988 1,307 1,668 1,484 2,328 1,349 1,944 3,490 1,863 1,079 1,597 2,490 1,626 1,393 1,856 2,500 1,927 776 230 1,085 1,258 4,546 1,107 484 1,593 1,993 1,458 775 1,481 792 543 2,400 382 1,010 222 283 349 736 85 400 123 409 721 271 1,001 393 647 671 703 758 754 613 1,428 904 443 650 786 306 563 757 656 745 418 92 395 659 1,806 476 211 657 898 677 391 685 400 260 765 571_ _______ 3,045 240 832 472 2,220 1,113 659 287 759 1,937 642 1,519 666 874 1,692 958 1,928 812 1,519 3,709 1,274 988 1,123 1,903 1,600 1,159 1,484 2,682 1,353 573 179 848 860 7,060 824 288 1,283 1,598 1,035 427 1,397 508 332 1,520 842 22 456 60 720 206 114 137 226 258 161 182 71 214 695 177. 458 217 188 1,647 315 352 176 199 280 329 385 838 271 215 41 158 261 4,320 193 15 347 503 254 43 601 116 49 40!1 60 JouRNAL oF THE SENATE/ Taylor_______________ _ TeUak _______________ _ Terrell _______________ _ 11loD188 ______________ _ Tnt __________________ _ Toonabs ______________ _ TToro~u-p-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_ 1\ITner_______________ _ UT~ngigosn-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_ Upson________________ _ VVallcer _______________ _ VValton _______________ _ VVare _________________ _ VVarren_________ --- ___ _ \Vashington ___________ _ VVayne _______________ _ VVebster ______________ _ VVhite ________________ _ VVhitfield _____________ _ VVilcox _______________ _ VVilkes _______________ _ VVilkinson _____________ _ VVorth_______________ -- 1,327 2,022 1,405 3;041 1,834 1,753 833 2,777 1,420 811 1,428 1,420 3,972 3,607 3,820 979 2,581 2,153 463 1,041 3,319 1,822 1,687 1,260 2,201 1,381 1,644 1,383 2,100 1,573 1,510 792 2,048 1,289 810 1,156 1,394 2,802 2,970 2,063 919 2,433 1,522 523 921 2,311 1;446 1,550 1,030 1,877 491 675 621 959 584 509 176 989 510 248 387 536 1,151 1,226 863 316 1,039 582 179 379 875 497 717 420 589 836_______ _ 1,347 378 784 22 2,082 941 1,250 261 1,244 243 657 41 1, 788 729 910 131 563 1 1,041 272 884 26 2,821 1,170 2,381 637 2,957 1,757 663 60 1,542 148 1,527814 ______6_31_ 622 2,444 1,325 970 840 1,612 120 1,008 376 137 230 324 353,552 261,007 98,048 2Q5,504 92,545 NOTE: The figures sho~ng registration of voters in various counties are those published by the newspapers after the books closed n April, 1910. In some cases, but not all, they have been verififfi. WEDNESDAY, JUNE 28; 1911. 61 APPENDIX A In compliance with the mandates of the law, I herewith submit report of pardons, commutations, paroles, and reprieves granted during the past year. PARDONS. CHARLES HAMILTON.-Felone, from Fulton Superior Court, November term, 1908. .Sentenced to four years in penitentiary. He was granted a parole April 12th, 1909, and has satisfied demands thereof, making excellent record and giving assurance of reformation. Pardon granted July 14th, 1910. FLoYD PAYNE.-Robbery, from Jackson Supe- rior Court, August term, 1903. Sentenced to twenty years in penitentiary. He was granted parole April 27th, 1909, and has satisfied demands thereof, making good recnrd and giving assurance of reformation. Pardon granted August 5th, 1910. ELIJAH BRAMLET.-Felony, from Gilmer Superior Court, Spring term, 1902. Sentenced to twenty years in penitentiary. He was granted a parole March 31, 1909, and has satisfied demands thereof, making good record and giving assurance that his release will not be incompatible with the welfare of society. Pardon granted September 9, 1910. 62 JouRNAL OF THE SENATE, J. W. CABANiss.-Felony, from Bibb Superior Court, April term, 190-. Sentenced to one year in the penitentiary. He was convicted for declaring illegally a dividend as president of Exchange Bank of Macon; dividend was declared upon resolution of Board of Directors of bank and indictment shows he acted with a majority of said directors, but does not give their names, nor were they indicted. The Court of Appeals while affirming his conviction expresses great doubt as to validity of statute under which he was convicted; said his conviction did not involve moral turpitude; would constitute no crime under the National Bank Aet; and suggested to the trial court a reduction of sentence to misdemeanor. His conviction was purely technica1, he is more than seventy years of age, has lived for forty years in the same community, bearing an upright and blameless life, and his release is asked by stock-holders of bank, many of its depositors, prominent citizens in different counties, almost, if not all, Senators of the State, and most of the Representatives. Pardon granted September 10, 1910. C. M. 0RR.-Embezzlement, from Bibb Superior Court, November term, 1907. Sentenced seven years in penitentiary. It is clear that much of the money said to have been embezzled by the defendant was, in fact, embezzled by others connected with the administration of the bank's affairs, to-wit: Van Houten, Bannon et al. The record shows that the real liability was in a debt secured by his personal property, whieh he turned over to the bank and received WEDNESDAY, JuNE 28, 1911. 63 receipt absolving him in full. The punishment, as well as the lack of punishment of other parties connected with the bank and the crime for which Orr was convicted, make it plain that in this case, there. has not been a full compliance with the Constitutional requirement guaranteeing to every one an impartial administration of the law in the protection of person and property; and as Orr has, with credit due for good behavior during his inearceration, served one year, the maximum time named for any other of those indicted for complicity in bringing about the frulure of the Exchange Bank of Macon, his release is well warranted. Pardon granted September 16th, 1910. ALFONSO J. LoPEz.-Misdemeanor, from Fulton Criminal Court, September term, 1910. Sentenced six months in chain-gang or $50.00 fine. He is a young enlisted soldier of the army of the U. S., of exeellent conduct in the service and had committed no offence prior to one for which he was convicted. He is entirely unable to pay fine and if compelled to serve in chain-gang may become barred from enlistment under section 859 Army Regulations. Judge Advocate, Department of the Gulf represents application for pardon, which application is indorsed by the Brigadier General commanding, and others. Pardon granted October 5th, 1910. A. H. Burtz, J. 8. Waters, H. T. Wever, Bailey Wimpy, Alex. Kinsey, Jayson Akin, J. L. West, J. H. M. Wever, Richard Brown, .B. F. Collins, W. M. ()4 JouRNAL oF THE SENATE, Swancey, William Teen, J. B. West, J. C. H. Turner, R. D. Mathis, L. B. Chastain, B. D. Bulkey, Coon Long, M. F. Corbin, Bob Kinzy, B. L. Allen, and S. G. Clayton.-Misdemeanor, Gilmer Superior Court, May adjourned and October terms, 1910. Sentences as follows: A. H. Burtz, $500.00; $20.00 and cost as to others. Parties were convicted and entered pleas of guilty to charge growing out of management of election in said. county; prosecutions being pwrely for political purposes and pardons being requested by many good people who insist that prosecutions were for such purposes, clemency was extended. Pardons granted October 15th, 1910. JAMES BENSON.-Bigamy, Worth Superior Court, Fall term, 1907. Sentenced four years in penitentiary. Defendant has served three years or more of sentence, not including allowance for good time. His wife, married in Georgia, soon left him to live with another man. He is of weak mind and his pardon is recommended by trial judge and jury, his lawful wife and people of Poulan, Ga., where crime was committed. Pardon granted October 20, 1910. DAVID H. ULFORD.-Stealing Ride on Car, City Court Clarke Co., September term, 1910. Sentenced $50.00 or six months in chain-gang. He is a young white man, formerly employed for several years by reputable firm but concluded to accept position in Atlanta, boarded train at Raleigh without ticket and was arrested at Athens. Trial judge and solicitor recommend pardon on ground that defendant has WEDNESDAY, JUNE 28, 1911. 65 served portion of sentence, has an afflicted mother and has been of previous good character. Pardon granted October 25, 1910. EMANUEL McGHANN.-Murder, Superior Court, Marion Co., April term, 1886. Sentenced to life imprisonment in the penitentiary. He was granted a parole September 14, 1909, and has satisfied demands thereof, making good record and giving assurance of reformation. Pardon granted November 11, 1910. HENRY PATTERsoN.~Murder, Superior Court Hall Co., July term, 1896. He was granted a parole November 2, 1909. His monthly reports show that he has satisfied demands of parole and that his reformation is such as to give assurance of future good citizenship. Pardon granted November 8, 1910. WALTER T. EsTELL.-Shooting at another, Chatham Superior Court, June term, 1909. Fine $250.00 or six months in jail. Trial Jury recommended extreme mercy of court and many of jury say that sentence was more severe than expected. Defendant was drunk when committing crime and has been confined at State Sanitarium for drink habit and claims to be cured. He has served all' of sentence but one month and is promised immediate employment if released. Pardon recommended by grand and petit juries, and a] so by jury finding him insane, by county 66 JouRNAL oF THE SENATE, commissioners, solicitor-general, prosecutor a.nd others. Pardon Granted November 26, 1910. GooDMAN BROWNING.-Involuntary Manslaughter, Clinch Superior Court, April term, 1909. Sentenced two years in penitentiary. He has served more than one half of the sentence. His pardon is recommended by trial judge, solicitor, jury, and by county. officers and many citizens. Pardon granted November 26, 1910. MoLLIE FARM'ER.-Murder, Fulton 8uperior Court, April term, 1888. Sentenced to life imprisonment. She was granted a parole December 12, 1909, has satisfied the demands thereof, and gives evidence of future good conduet. Pardon granted December 15, 1910. ANN TooMER.-Murder, Terrell Superior Court, Spring term, 1890. Sentenced to life imprisonment. She was granted parole October 14, 1909, and has satisfied the demands thereof, showing that her release will not be incompatible with the welfare of society, but beneficial to the defendant. Pardon granted January 12, 1911. Louis BROOKs.-Murder, Upson Superior Court, May term, 1910. Sentenced to life imprisonment. Affidavits of two citizens of unquestionable veracity show that Fletcher Perdue, a witnesS' for the State committed the crime. Trial judge and jury recommend pardon upon affidavits above mentioned. Pardon granted January 18, 1911. WEDNESDAY, JUNE 28, 1911. 67 M. S. EzELL.-Voluntary ~Manslaughter, Morgan Superior Court, Fall term, 1907. Sentenced to five years in penite;ntiary. He has served more than three years of the five years imposed. He is a small and weak man, while his antagonist was large and strong, and probably inspired fear in Ezell. His pardon is recommended by jury, county officers and many good citizens. Pardon granted January 20, 1911. WILL TINSLEY.-Assault with intent to Murder, Terrell Superior Court, Fall term, 1908. Sentenced three years in Penitentiary. He was granted parole April 15, 1909, has satisfied the demands thereof and gives evidence of future good citizenship. Pardon granted February 23, 1911. EABNEST WILLIAMs.-Rape, Jones Superior Court, April term, 1908. Sentenced to seven years in penitentiary. He was tried and convicted when fifteen years of age of attempting to rape a small child. He is the son of respectable negro parents, who sustain him in his assertion of innocence. The father and mother of the child said to have been raped expressed doubt as to his guilt, and ask his release. The prosecutor says mistake was made in trial, and asks prisoner's release. The court, jury, County Commissioners and large number of citizens ask his pardon. Pardon granted March 1, 1911. HoRACE PosEY.-Stabbing, Floyd City Court, September term, 1910. Sentence to twenty-five dollars 68 JouRNAL oF THE SENATE, or six months in chain-gang. Pardon recommended by trial judge, solicitor, county officers and many citizens. He fs a mere boy and little physical injury was inflicted. Pardon granted March 1, 1911. B. F. HoGAN.-Voluntary Manslaughter, Richmond .Superior Court, June term, 1900. Sentenced one year in penitentiary. He is a young man for whom the trial jury recommended extreme mercy of the court. The trial judge, county officers and many citizens urge his pardon, and ask his restoration to citizenship. Pardon granted March 4, 1911. BARTow SMITH.-Murder, 1Milton Superior Court, Spring term, 1909. Sentenced to life imprisonment. Affidavits of State's witnesses show that Smith is innocent of the crime for which he was con~ victed. His pardon is asked by over six hundred citizens of Cobb and Milton counties. Pardon granted March 15, 1911. 8rMON Cox.-Breaking Labor Contract, Houston City Court, May term, 1910. Sentenced twelve months in chain-gang. He js a poor, ignorant, white boy, seventeen years of age, whose pardon is asked by many good citizens who say that he is not vicious and that the les'Son taught him will insure future good conduct. Pardon granted March 15, 1911. RoBERT SrMRIL.-Burglary, Bibb Superior Court, Fall term, 1909. Sentenced to State Reformatory. WEDNESDAY, JUNE 28, 1911. 69 Superintendent B. T. Bethune of Reformatory, says Simril has earned his release by compliance with rules of reformatory and that his pardon will not be incompatible with the welfare of society. Pardon granted March 15, 1911. WARNER TuRPIN.-Burglary, Rabun Superior Cl)u_rt, Fall term, 1909. Sentenced five yea:rS in penitentiary. He was undoubtedly led to the commission of crime by influence of older criminal, Bunch Allen. He was a boy eighteen years of age. His pardon is asked by trial and county officers, and several hundred good citizens of county. Pardon granted March 16, 1911. ELBERT LoDEN.-Involuntary 'Manslaughter, Step~ens Superior Court, May term, 1910. He was given the minimum sentence under the law; protesting his innocence, he entered upon discharge of sentence and has proven faithful. The present judge and solicitor of circuit, ten of the trial jury and six hundred good citizens ask his release. Pardon granted March 16, 1911. HoMER DAvrs.-Misdemeanor, Cobb Superior Court, November term, 1909. Fined three hundred and fifty dollars and cost or twelve months on the chain-gang. The only witness testifying against Davis has, since doing so, signed affidavit that he swore falsely before jury. He has been otherwise impeached. Pardon granted March 20, 1911. 70 JouRNAL oF THE SENATE, ALLEN CARVER.-Misdemeanor, Coffee Suf>eriol Court, October term, 1910. Sentenced twelve months in the chain-gang. Trial judge says pardon can be granted with propriety, and large number of good citizens urge S'ame. Pardon granted April 5, 1911. WILL AVERY.-Retailing, Cobb Superior Court, March term, 1911. Fin-e five hundred dollars and cost and twelve months. Unquestionably he is unable to pay fine imposed and the circumstances surrounding the case are such that his pardon upon payment of one hundred dollars, which amount he appears to be able to pay, is well warranted. Pardon granted upon payment of one hundred dollars to officers of court April11, 1911. W. A. MAXWELL.-Voluntary Manslaughter, Grady Superior Court, Fall term, 1907. He was granted a parole September 16, 1909; has satisfied demands thereof and given evidence of future good conduct. Pardon grantea April 19, 1911. MARY DYKEs.-Vagrancy, Dooly City Court, Spring term, 1911. She was technically guilty, having served a short time, her pardon is asked with view of trying her for lunacy. She has become insane since her conviction, cannot work and has been moved to county jail. Pardon granted April 29, 1911. EDGAR R. DERRICK.-Embezzlement, Richmond Superior Court, Spring term, 1910. Sentenced WEDNESDAY, JUNE 28, 1911. 71 twelve months in the penitentiary. He is a white man, seventy-eight years old, and has served his entire sentence with exception of a few days. His pardon is recommended by trial judge, solicitor and many prominent citizens. Pardon granted May 2, 1911. LoNNIE ELLis.-Misdemeanor, City- Court of Statesboro, October term, 1910. Sentenced tweive months in chain-gang. He is a white boy, only fifteen years of age, who bas served wiJ:h good conduct, more than one-half of his sentence. He is the only white boy in chain-gang of county, and his pardon is recommended by trial judge and many other prominent citizens of county. Pardon granted May 3, 1911. L. H. BROWN.-Misdemeanor, from Crisp Superior Court, April term, 1909. Sentenced to chaingang twelve months or fine of $125.00. He is a negro 3- school teacher, who was convicted on circumstantial evidence of the offense of larceny. His previous character bas been shown to be very good. He has paid the fine, and asks for pardon and removal of disabilities, which the Oommission_ recommends. Pardon granted May 17, 1911. CHANCY TRAWICK.--'Manslaugbter, Baldwin Superior Court, January term, 1909. Sentenced to three years in penitentiary. His application for clemency is recommended by the trial judge and so- 72 JouRNAL OF THE SENATE, licitor, who seem to think that he has been punished sufficiently for the crime committed. Pardon granted June 13, 1911. JAMES A. GossETT.-Manslaughter, from Muscogee Superior Court, December term, 1903. Sentenced to 16 years in penitentiary. He was granted parole December 23, 1909, and having satisfied its demands, is entitled to release. Pardon granted June 13, 1911. HoMER G. STRICKLAND.-Manslaughter, from Wilcox Superior Court, March term, 1910. Sentenced to two years in penitentiary. His pardon is strongly urged by the trial judge, who says he is of good char- ' acter, and that he was in the discharge of the State'E duty at the time the killing occurred. Many other good citizens ask his release. Pardon granted Jum 13,1911. R. F. YouNo.-Manslaughter, from Fulton Superior. Court, April term, 1905. Sentenced to 15 yean in penitentiary. He was attacked by negro, whom he had not known before, and stabbing him with knife, inflicted wound of which he died. He t.as served about seven and one half years, and his release is recommended by the trial judge, solicitor, and others. Pardon granted June 13, 1911. SYNOPSIS OF PARDONS. ' On account of political prosecutions ____________ 22 WEDNESDAY, JuNE 28, 1911. 73 On recommendation of trial judge, etc.________ 2 On recommendation of trial judge, solicitor, etc. 4 "" ~.-.nommendation of trial judge, solicitor, jury, Pt(l.,. __ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - !_j On recommendation of trial solicitor, etc.______ 1 On recommendation of trial solicitor, jury, etc.__ 2 On recommendation of trial jury, etc.__________ 1 On recommendation of miscellaneous character 12 On recommendation of Supt. Reformatory, etc.__ 1 On compliance with conditions parole granted by Governor Smith ------------------------- 4 On compliance with conditions parole granted by Governor Brown ------------------------- 6 Total __ ------------------------------ 58 COMMUTATIONS. GuY RicHARDSON.-Misdemeanor, Whitfield Superior Court, Spring term, 1910. Sentenced to fine of twenty-five dollars and three months in the chaingang. He is only a boy, 18 years of age, and has been in jail 78 days since his conviction, during wftich time he has prevented escapes from jail, by giving timely notice thereof to the jailor. Many citizenS', 19 of the Grand Jury, and 11 of the trial jury ask his r~lease and substitution of jajil sentence served for chain-gang sentence, upon payment of fine and costs, which recommendation was granted, June 22, 1910. HowARD DixoN.-Simple Larceny, City Court, 74 JouRNAL oF THE SENATE, Macon, June term, 1910. Sentenced to nine months in chain-gang. He is a negTo boy about 18 years of age. Has consumption, which fact is certified to this Department by county physician. Judge did not know of condition when be sentenced him, but, he. together with Solicitor, now recommends commutation to fine of $50.00 to include costs. Commutation granted June 24, 1910. JoHN WILLIAMs.-Shooting at another, Houston Superior Court, October term, 1909. He has served with good conduct, seven months of the sentence imposed, and his release is asked by the trial Judge and Solicitor. Commutation granted July 1st, 1910. MARSHALL CALDWELL.-Misdemeanor, City Court, Troup county, September term, 1909. Sentenced to twelve months in chain-gang. He has served all of sentence but about three weeks, and is in very bad health, unable to work. His release is asked by camp physician, Representatives of county, -and county Commissioners. Commutation granted July 8, 1910. LEOLA RocK.-Trespass, City Oourt of Oglethorpe, March term, 1910. Sentenced to chain-gang four months, or fine of $35.00. The County Commissioners refused to accept her in chain-gang, and by some means she was not repo.rted to Prison Commission. She has, therefore, remained in jail since March to July, and the trial Judge feeling that she WEDNESDAY, JuNE 28, 1911. 75 has had sufficient punishment, recommends her release. Commutation granted July 9, 1910. PAuL GRIFFIN.-Simple Larceny, from City Court of Fulton, Feb. term, 1910. Sentenced to fine of $50.00, or 8 months on chain-gang. This was his first offense ; he stole only two boxes smoking tobacco, and has sened faithfully five months in gang, having smallpox during the time. His wife is in critical condition, and in need of his services and attention. Commutation granted July 12, 1910. GussiE JoRDAN.-Selling Liquor, from City Court of Jasper county, September term, 1909. Sentenced to twelve months at State Farm. She has served all of sentence but about a month, with good record, and has small children who need her care and attention. Her pardon is recommended by 10 of trial jury, many citizens and warden. Commutation granted July 19, 1910. W. E. BERRY.-Misdemeanor, City Court of Fulton, March term, 1910. Sentenc;ed to eight months in chain-gang or fine of $40.00. Convicted for trans:. ferring his salary account, and afterwards collecting the same. He was drunk at the time and has served about one half of term. His commutation isrecommended by many citizens, who have faith in his future good conduct; the trial judge and others recommend him and say that the offense for which he was convicted only involved about $20.00, and it seems that he has been punished sifficiently under 76 JouRNAL oF THE SENATE, the circumstances. Commutation granted July 21, 1910. JoHN HACKNEY.-Assault to Rape, from Superior Court of Taliaferro county, Fall term, 1903. He has served seven years of sentence, and the alleged victim makes affidavit that he is not guilty; all of the trial jury, now in life, recommend his release, and so does the prosecutor, the trial judge, the representative of the connty, and many other prominent citizens. Commutation granted July 22, 1910. SIMON JOHNSON .-Gaming, from City Court of Danielsville, April term, 1910. Sentenced to twelve months on the chain-gang. He was really engaged to detect lot of other gamblers and was engaged in game for this purpose. The trial judge was not aware of this fact and sentenced him to chain-gang for time stated. His petition for commutation is strongly indorsed. Commutation granted August 8, 1910. JEFFERSON PARKER.-Larceny, from Superior Court Fulton Co., June term, 1910. ,Sentenced to Industrial Farm. Defendant is a boy fifteen years old, whose people are of excellent character. His father is a minister in very bad state of health and needs assistance of boy. The trial judge, solicitorgeneral, sheriff and prominent citizens urge .his release. Commutation granted August 12, 1910. JACOB LAMAR.-Voluntary Manslaughter, from WEDNESDAY., JUNE 28, 1911. 77 Bibb Superior Court, June term, 1909. Sentenced three years in penitentiary. He is a boy, only seventeen years of age. 'Tile circumstances show that he was not entirely to blame, and he may have.been justifiable. His release is urged by the trial judge and many prominent citizens. Commutation granted September 1, 1910. E. W. SMITH.-Keeping liquors in public place, from City Court of Macon, August term, 1910. Fine $150.00 and thirty days in jail. He has previously borne good reputation and evidence shows n'O sale of liquor. U.. S. Senator Bacon and others recommen$1 clemency. Sentence reduced to payment of fine imposed and present service in jail. .Septe~ ber 1, 1910. PETER GEoRGE.___,Misdemeanor, from City Court of Macon, J nne term, 1910. Sentenced to three months in jail and three hundred dollars, or six months on chain-gang. He is in very low state of health and the trial judge recommends that chaingang sentence be remitted. Commuted to present service upon payment of cost, September 7, 1910. WILL MELTON.-Larceny, Troup Superior Court, Spring term, 1910. Sentenced to twelve months on chain-gang. Amount taken was $4.00 and the prison commission is in doubt as to his guilt. He has serveq more than seven months and the trial judge recom~ mends his release. Commutation granted Septem~ ber 7, 1910. 78 JouRNAL oF TH~ SENATE, EuGENE RoBERTs.-Murder from Chatbam Superior Court. February term, 1910. Sentenced to hang. He is a boy, seventeen years of age; the trial jury recommended commutation to life imprisonment. Clemency is urged 'by many leading citizens of county. Commutation to life imprisonment granted September 8th, 1910. ELI MuLLis.-Selling Liquor, from Wilcox Superior Court, March term, 1909. Sentenced to twelve months in chain-gang or two months and $250.00. Trial judge requests commutation to fine of $50.00, which recommendation was granted September 8, 1910. JOE MooRE.-Voluntary Manslaughter, from Muscogee Superior Court, May term, 1909. He was a weak-minded negro boy, who in playing with a boy friend fired off, it is claimed, accidently, an automatic pistol, killing his friend. His attorney filed plea of guilty for him and he was sentenced to two years in penitentiary, having served half of said sentence, the circumstances warrant his commutation to present service, which was granted September 9, 1910. ELIZA CoBB.-Infanticide, Upson Superior Court, Spring term, 1889. She was convicted on circumstantial evidence, the child killed being her own. She has served more than twenty years with good conduct and is afflicted by disease. Her release is recommended by grand and petit juries, county of- WEDNESDAY, JUNE 28, 1911. 79 ficers and many other good citizens. Commutation granted September 10, 1910. B. F. HooAN.-Voluntary Manslaughter, Richmond Superior Oourt, 1Spring term, 1910. Sentenced to twelve months in penitentiary. The trial jury recommended extreme mercy of the court. His character is shown to be excellent, and physicians certify that lie can not endure hard la,bor. The trial judge, prosecuting solicitor and physicians recommend that his sentence be commuted to jail-sentence. Commutation gran~d September 10, 1910. FRAZIER HEAD.-Concealed pistol, City Court J asper Co., September term, 1909. Sentenced to four mon.ths and fine of $50.00 or eight months on the chain-gang. His previous character is shown to have been good, -and those who testified against hiip. shot him some ten times, inflicting serious wounds, and for which they have been prosecuted. The circumstances make it very probable that he was prosecuted in order to weaken the force of the prosecution against witnesses. Many good citizens of county indorse his application for clemency. Sentence commuted to fine of $50.00 or four months on. chaingang September 17, 1910. J. H. WHITLOCK.-A.ttempt to Murder, Houston Superior Court, August term, 1910. Sentenced to twelve months on chain-gang .and $50.00 fine. The prosecuting attorney and many other good citizens urge reduction of sentence to fine imposed. They 80 JouRNAL oF THE SENATE, testify to his honesty and prior good conduct. Sentence commuted to payment ()f $50.00 or twelve months in the chain-gang September 24, 1910. J. C. TucKER.-Murder, Telfair Superior Court, Fall term, 1909. He has always had an excellent character; trial jury, county officers and many leading citizens of county, together with the wife of the man killed, ask his pardon. The circumstances warrant an extension -of clemency. Commutation granted September 28, 1910. WILL BuTLER.-Horse Stealing, Dodge Superior Court, 'Spring term, 1905. Sentenced to twelve years in the penitentiary. Trial judge says that, upon investigation, he is convinced that Butler was innocent, and that he thinks it probable that the witness himself, testifying against Butler may have been th!" guilty party. He has served five years, and wa~ only fifteen years of age when convicted. Commutation granted September 2-9, 1910. GENEVA LAsTER.-Fornication, City Court of Zebulon, July term, 1910. Fine and imprisonment. ShP is a colored woman charged with having had intercourse with a white man, and was convicted upon evidence of witness who, testifying subsequently, upon the trial of the white man, refused to testify to illicit intercourse and the man was acquitted. She has served in the chain-gang abQut two months and her pardon is asked by trial officers. Commutatio:a granted September 29, 1910. WEDNESDAY, JuNE 28, 1911. 81 CLAUDE SMITH.-Attempt to murder, Fulton Superior Court, January ~erm, 1909. Sentenced four years in the penitentiary. He was a young mnP about eighteen years of age when convicted, an'1 prior thereto had always born a good reputation. P was induced by a friend to drink, and, while intoxicated, stabbed a stranger whom he met upon the street. He entered plea of guilty, and was sentenced without full explanation of circumstances under which he acted. The trial solicitor now states that he thinks he has served a longer p~riod than would have been imposed upon him if the circumstances had been fully known to the court when sentencing him. Commutation granted October 1, 1910. F. P. WHITLEY.-Misdemeanor, Criminal Court, Atlanta, April term, 1909. Sentenced $1,000.00 fine or twelve months. His guilt seems to rest largely upon technicality; the trial judge and solicitor recommend commutation of sentence to $150.00. Commutation granted in accordance with recommendation to $150.00 or twelve months in the chain-gang,. October 8, 1910. LEE ELLER.-Selling WhiS'key and Larceny, Oobb Superior Court, 1904. Trial judge and others recommend clemency. Commutation granted October 10, 1910. Eo. MosEs.:-'Murder, Chattahoochee Superior Court, August term, 1910. Sentenced to hang. He is a negro boy of weak mind who was tried on day 82 JouRNAL OF THE SENATE, after the commission of his crime. Jurymen, county officers and many good citizens of county ask clemency for him. S~nten~e commuted to life im- prisonment October 14, 1900. ABE RuBIN.-Larceny, City Court of Macon, July term, 1910. Sentenced to four months in chain-gang and fine of $150.00. He has paid fine and served all of sentence except about two weeks. Serious accident having recently happened to one of his small children tbe trial judge urges his release in order that he may remain with child. Commutation granted October 18, 1910. EnwABD W. HABKER.-Selling Cocain illegally, City Court, Richmond, May term, 1909. Sentenced to six months in jail and $500.00 or twelve months in chain-gang. He is badly diseased, both physically and mentally, as shown by affidavits of physicians. His relatives offer to take care of him if released and it seems that he is unable to pay fine. Commutation granted October 18, 1910. SAM VAUGHN.-Larceny, Fulton Superior Court, March term, 1910. Sentenced to one year in chaingang. Criminal intent is doubtful; he has served more than six months and his release is asked by trial judge and solicitor. Commutation granted October 18, 1910. E. F. KrNG.-Selling Liquor, Gordon Superior Court, August term, 1909. Upon former considera- WEDNESDAY, JUNE 28, 1911. 83 tion of application for clemency by Prison Commission it was intended to release defendant on two cases against him, upon payment of $500.00, for which reason his sentence was commuted accordingly, October 19, 1910. \ JoHN CADLE.-Manslaughter, Haralson Superior Court, May term, 1906. After entering upon discharge of sentence he became insane, and was transferred to State Sanitarium, where he regained normal condition. The grand and petit jury, and the trial judge ask his release. Commutation granted October 19, 1910. FRANCIS WooDWARD.-Burglary, from Coffee Superior Court, Spring term, 1910. He was indicteJ and pleaded guilty with Tally Luke, who upon application was released on payment of fine. He was unable to pay fine, and the trial judge, who states that he is a fatherless and friendless boy, asks that he be released. Several hundred good citizens of the county also joined with the judge in recommending his release. Commutation granted Oct. 19, 1910. RANDOLPH WrMPEE.-Distilling, Haralson Superior Court, January term, 1910. Sentenced to fine of $200.00 and costs or- twelve months in chain-gang. Trial jury recommended pardon ; and there seems to be some question as to his guilt. Sentence commuted to fine of $200.00 or twelve months on chaingang, Oct. 19, 1910. 84 JouRNAL oF THE SENATE, JACK WoRTHINGTON.-Rape, from Bartow Superior Court, Sept. term, 1909. Sentenced to twenty years in penitentiary. The woman alleged to have been raped now swears that he is not guilty, and that he did not .even attempt the act, therefore, the trial judge and solicitor ask his release. Many good citizens join in the request. Commutation granted October 20, 1910. CHARLIE ToRBAUSH.-Misdemeanor, from. Criminal Court, Atlanta, August term, 1908. The trial judge and solicitor ask his release, on account of good conduct, and his being .a youth at date of conviction. He has s-erved more than the minimum sentence fixed by law for the crime committed. Commutation granted Oct. 20, 1910. JIM AusTIN.-Voluntary Manslaughter, from Elbert Superior Court, Spring term, 1909. Sentenced to seven years in the penitentiary. He is hopelessly diseased with tuberculosis, and his immediate release is urged by trial judge, County Commissioners, and county physician, in order that he may receive proper care and not be a menace to the other convicts confined with him. Commutation granted Oct. 20, 1910. JoHN SHEPARD.-Larceny, Hart Superior Court, Fall term, 1909. Sentenced to twelve months in the chain-gang. His releaS'e is urged by Oounty Commissioners, county physician, warden, trial judge, solicitor and ordinary on ground that sentence has WEDNESDAY, JUNE 28, 1911. 85 nearly expired, that he has been seriously injured by dislocation of knee while in chain-gang, and on account of his good conduct while confined. Commutation granted October 21, 1910. HATTIE STEPHENs.-Larceny, Fulton Criminal Court, July term, 1910. Sentenced to twelvemonths on chain-gang or $100.00 fine. She has served four months and the trial judge and solicitor recommend commutation to fine of $50.00. Sentence commuted to fine of $50.00 or twelve months in chain-gang November 1, 1910. CLAum: BAKEB.-Larceny, City Court of Atlanta, October term, 1910. Sentenced to Hapeville Reformatory. He is only thirteen years of age and his parents who reside in Augusta, Ga., are good people and it is deemed that he will be better off with them than in the reformatory. Commutation granted November 10, 1910. SAM HuNT.-Kidnapping, Polk Superior Court,. August term, 1909. He was convicted for kidnapping a young woman, eighteen years of age. It appears that she is of doubtful reputation and that she was not invigeled, but went with defendant by common consent. The solicitor general and many reputable citizens ask that sentence be reduced to payment of fine. Sentence commuted to fine of $150.00. November 9, 1910. PEARLY ALLEN.-Infanticide, Troup Superior 86 JouRNAL oF THE SENATE, Court, November term, 1906. Sentenced to life imprisonment in the penitentiary. She is a negro girl who was eighteen years old when convicted. She has served with good conduct since May 1907, and her guilt is very doubtful. Commutation gr~nted Novem~er 11, 1910. HARRY WOODALL.-Seduction, Gordon Superior Court, September term, 1909. Sentenced three years in the penitentiary. Evidence upon original trial barely sufficient to support verdict rendered. Newlydiscovered evidence, supported by various affidavits, show that the crime committed must have been forniootion. His previous good character and splendid prison record, together with indorsement of c-ounty officers and prominent citizens of county, warrant his release. Commutation granted November 18, 1910. JoHN RoBERTs.-Assault with Intent to Rape, Franklin >Superior Court, March term, 1908. Sentenced to ten years in the penitentiary. He is a young married white man, whose pardon is rec-ommended by trial judge and eleven jurors together with most of grand jury. He has served about three ye~rs. Commutation granted November 18, 1910. WAYNE SMITH.-Simple Larceny, City Court Houston Co., Fall term, 1908. He was convicted o~ three eases and sentenced to twelve months in chaingang for each offence. He is a white man, of weak mind,,who was at one time confined in State Sanitarium. Having served out two sentenees of the three WEDNESDAY, JUNE 28, 1911. 87 imposed, and being of weak mind, his release is recommended by trial judge, solicitor and county officers. Commutation granted November 19, 1910. JoHN HENRY JoNEs.-Attempt to Wreck T.rain, Houston Superior Court, April term, 1909. Sen- tenced to reformatory. He was a thirteen year old, weak minded, ignorant boy, who had previously borne a good reputation. He has been kept at the re formatory for eighteen months and his release is urged by many of the best citizens of Houston county. Commutation granted November 19, 1910. SIMON JoHNSON.-Drunk on Publie Road, City Court, Madison, April term, 1910. He was drunk on public road and, somewhat disorderly, but did no personal harm to any one. The trial judge and so licitor, together with many good citizens, believing that he has been punished sufficiently, recommend his release. Commutation granted November 19, 1910. SAM and LEwis DuNN.-Car Breaking, Bibb Superior Court, January term, 1910. Sentenced to reformatory, Milledgeville. They are two brothers, fourteen and sixteen years of age, 'belonging to good family. Their mother, who has three small children dependent upon her, is in bad state of health and unable to work and needs their assistance. This was their first offence and their release is requested by railroad people, solicitor general and many otlw-- 88 JouRNAL oF THE SENATE, good citizens. Commutation granted November 23, 1910. THOMAS F. McNALLY.-Abandonment of children, City Court, Richmond, June term, 1910. Sentenced to twelve months in the chain-gang. He was employed as printer in Augusta and fell into drink-. ing habit, thereby leaving employment. While thu~ unemployed he abandoned his wife and children, for which offence, he was convicted. The trial judge, foreman Augusta Chronicle, camp warden, and others ask his release. He is suffering from partial blindness. Commutation granted November 22, 1910. CHARLIE JoNEs.-Misdemeanor, DeKalb Superior Court, March term, 1910. Sentenced to twelve months in chain-gang_. He is suffering from wound, and the need of treatment. The trial judge, solicitor, county commissioners, and. county physician recommend his release. Commutation granted November 26, 1910. BuLLY ARTEMus.-Murder, Fulton Superior Court, Fall term, 1897. Sentenced to penitentiary for life. He was granted a parole April 6, 1909, and having complied with the conditions thereof, and giving assurance of future good conduct, his release is warranted. QQmmutation gmnted November 28, 1910. FLoYD CoPELAND.-Attempt to Murder, Green Su- WEDNESDAY, JUNE 28, 1911. 89 perior Court, November term, 1909. Sentenced to four years in the penitentiary. Doubt as to defendant's guilt, as expressed by the judges of the Court of Appeals, and other circumstances connected therewith, warrant his release. Commutation granted November 28, 1910. SAM WILLIAMs.-Selling Liquor, City Court of Macon, June term, 1910. Sentenced to seven months on chain-gang. Sworn certificate of Dr. A. B. Hinkle shows that the defendant's physical condition is such that he i's unable to serve sentence, and that in his opinion, it will prove. fatal to him. Therefore, the trial judge and solicitor recommend that sentence be commuted to payment of fine or to jail sentence. Sentence commuted to payment of $150.00 or confinement in jail for seven months, December 6, 1910. SAM HAYGOOD.-Concealed Pistol, Criminal Court, Fulton county, June term, 1910. Sentenced to twelve months or $75.00 fine. He is a small farmer; this is his first offence, and with personal harm to no one; he is unable to pay fine, but has served six months. His wife, who is in the last stage of consumption, needs his presence at home. The proseC'utor, trial judge, solicitor general, and many other good citizens urge his release. Commutation granted December 7, 1910. JAMES M. RAMEY.-Misdemeanor, City Court, Fulton, August term, 1910. Sentenced to eight months in chain-gang or $50.00 fine. He was con- 90 JouRNAL oF THE SENATE, victed for shooting craps and the probating officer states that he is not an habitual gambler. He is unable to pay fine and his release is asked by trial judge, solicitor and many other good citizens. Commutation granted December 7, 1910. ToM ADAMs.-Selling Liquor, City Court Calhoun, April term, 1910. Sentenced to twelve months on chain-gang. He has served six JD.Onths of sentence in chain-gang, without work on account of his physical condition. T;wo physicians certify that heart affliction constantly threatens his life. The warden and many citizens of the county recommend his release. Commutation granted December 7. 1910. JAMES MoRRISON.-Gaming, City Court of Spalding, September term, 1909. Sentenced to the Stat, reformatory. He has been at reformatory for mo than a year and has profited by discipline. The trial judge, solicitor and county officers ask his release. Commutation granted December 7, 1910. .MALCOMB WooD.-Simple Larceny, Pulaski Superior Court, August term, 1909. Sentenced to two years in penitentiary in each case, total your years. He entered pleas of guilty, meaning thereby to admit simply that he was in possession of stolen cattle. He is ignorant and a large number of good citizens, who ask his pardon, state that there has been an unintentional miscarriage of justice. Senlence commuted December 6, 1910. WEDNESDAY, JUNE 28, 1911. 91 WARREN C. SMITH.-Forgery, Fulton Superior Court, June term, 1910. Sentenced to fine of $100.00 or six months in jail and twelve months in chaingang. The forged check was for $50.00, which amount bas been paid by his father. The six months jail senten~e bas been served, with the exception of three days. He is of good family and the ._tria] judge, believing that be will, in future, lead an upright life, recommends clemency. Commutation granted December 10, 1910. WILL MoRRow.-Rape, Coweta Superior Court, September term, 1903. Sentenced to twenty years in the penitentiary. The woman said to have been raped and her husband, in written statement before officer, ask his pardon. The general testimony supporting conviction was delivered by woman alle~Pti to have been raped. Defendant bas served for morn than six years. The trial judge and jury, being roP vinced that his conviction was a miscarriage of jn" tice, ask his release. Commutation granted DeceTP her 8, 1910. lKE RusHING.-Murder, Jones Superior Court, April term, 1910. Sentenced to bang. It is said that he was attacked in cabin at night; be fled therefrom and was pursued by men, who shot at him, be returned shot with gun and killed one party. Upon trial of case a witneSis was absent, without his fault, who now shows by affidavit mitigating circumstances. The tria] judge says that, after careful investigation 92 JouRNAL OF THE SENATE, he has reached conclusion that sentence should be 0ommuted to life imprisonment. Commutation to life imprisonment granted December 13, 1910. BEN LACKEY.-Voluntary 'Manslaughter, Newton Superior Court, September term, 1904.. Sentenced to ten years in the penitentiary. He has served six years o~ the ten imposed, and the trial solicitor says that, insomuch as the case was a weak one and the defendant contends that the homicide was acciden tal, he heartily indorses his application for clemency. Many jurors and citizens do likewise. Commutation granted December 13, 1910. HENRY STROACHER.-Murder, from Bibb Superior r'ourt, Spring term, 1887. Sentenced to life impris onment. He has served faithfully for 23 years, being a trusty for the past 15 yeal'ls, and is now enfeebled by age. The solicitor-general and four of the surviving members of the trial jury re0ommend his pardon. REDMOND RowLAND.-Simple Larceny, from "\Vhite Superior Court, April term, 1906. Sentenced to ten years in penitentiary. He was granted a parole July 6, 1909, and having complied with the conditions of the same and giving assurance of future good conduct, his release is warranted. Commutation granted Dec. 21, 1910. B. W. MITCHELL.-Burglary, from Fulton Superior. Court, Spring term, 1910. Sentenced to two WEDNESDAY, JUNE 28, 1911. 93 years in penitentiary. He was a boy about 19 years of age when convicted, and seems to have been led into trouble by an older man, who now e:xhonerates him entirely. The trial judge and many good citizens, ask his release. Commutation granted Dec. 22, 1910. R. L. MoRGAN.-Misdemeanor, from City Court of Fulton, September ierm, 1910. Senteneed to twelve months in chain-gang. The trial judge and solicitor recommend his release, on ground that he was given too long a sentence and that he has been punished sufficiently. Commutation granted Dec. 31, 1910. J. P. 'MILLER.-Fornication, from City Court of Millen, Fall term, 1910. Sentenced to fine of $300.00 and costs or twelve months on the chain-gang. The circumstances of the case are .guch that many- good... citizens of the county think he should be released, and that he has been somewhat severely punished already. "Commutation to fine of $100.00 granted January 7, 1911. D. C. DIXON\-Murder, from Bryan Superior Court, Nov. term, 1910. Sentenced to hang. It is a very weak case of circumstantial evidence, and the statement of the trial judge and solicitor, together, with recommendation of citizens warrant commutation to life imprisonment. Commuted to life imprisonment January 11, 1911. 94 JouRNAL OF THE SENATE, J. C. BucHANNAN.-Voluntary Manslaughter, from Coffee Superior Court, Ma-rch term, 1903. Sentenced to 15 years in the penitentiary. Acting upon representation of his wife that the deceased had grossly insulted her, he ktilled him, both parties shooting. His relea-se is strongly urged. Commutation granted January 18, 1911. FEss BRowN.-Voluntary Manslaughter, from Emanuel. Superior Court April term, 1902. Senteneed to 15 years in penitentiary. He has served more than eight years, and has appr~hended escaping convicts while in confinement himself. He is recommended by the trial judge and solicitor, and many good citizens. Commutation granted January 18, 1911. ANDREW JAcKsoN.-Gaming,.from City Court of Atlanta, November term, 1910. Sentenced to $50.00 or eight months in chain-gang. Th~ trial judge and S"olicitor ask that his sentence be commuted to fine of $25.00. Commuted to fine $25.00 January 19, 1911. JoHN SMITH.--lMurder, from Talbot Superior Court, September term, 1910. Sentenced to hang. Trial judge, senator from district and representative from county, together with many good citizens, recommend that he be .commuted to life imprisonment. Commuted to life sentence in penitentiary, January 19, 1911. WEDNESDAY, JUNE 28, 1911. 95 CRosBY Cox.-Larceny, from Criminal Court of Atlanta, September term, 1910. Sentenced to fine of $150.00 or twelve months in chain-gang. He was convicted for taking about dozen ear.s of corn, when he was about 15 years of age. He has served four months, and his pardon is asked by prosecutor, trial judge, soli~tor and prominent citizens. Commutation granted January 21, 1911. NoBLE BuRTON.-Gambling, from City Court, 8pring:field, September term, 1910. Sentenced to six months in chain-gang. He has served all of sentence except about six weeks; his application for clemency is endorsed by the trial judge and sol~citor. Sentence commuted to fine of $25.00 Dec. 10, 1910. JIM BuRKE.-Operating moving picture show without license, from. City Court of Barnesville, January term, 1911. Sentenced to fine of $120.00 oP six months on chain-gang. The trial judge, solicitor and others ask that sentence be commuted to smaller fine. Cemmuted to fine of $83.05, as recotn.mended, January 26, 1911. B. J. BANKSTON.-Robbery, from Fulton Supe- rior Court, August term, 1907. Sentenced to four. yoors in penitentiary. He was convicted with two other parties, one of whom now exhonera:tes him; prosecutor, trial judge, solicitor and trial jury ask his release, on belief that he iS' innocent. Commuta- tion granted, January 31, 1911. 96 JouRNAL oF THE SENATE, MAUD DAVIs.-Larceny, from City Court, Atlan~, October term, 1910. Sentenced to farm six months. She is a white girl about sixteen years old, who was convicted of stealing about two dollars worth o~ clothing. Her surroundings at the farm are v_ery bad, and her release is asked by the trial judge, and other good people, who say she will be restored to society. Commutation February 2, 1911. Bun CooPEB.-Murder, from Gwinnett Superior Court, M-arch term, 1893. Sentenced to life imprisonment. He was granted parole July 8, 1909, andhaving fulfilled the conditions thereof, his release is warranted. Commutation granted February 2, 1911. O'MEIG PowELL.-Manslaughter, from Sumter Superior Court, Spring term, 1906. Sentenced to twenty years imprisonment. He was paroled July 30, 1909, and having satisfied the demands thereof, is entitled to release. Commutation granted February 3, 1911. JoHN SMITH.-Voluntary Manslaughter, from Irwin Superior C-ourt, March term, 1905. Sentenced to twenty years in penitentiary. He was granted a parole July 7, 1909, and having satisfied the conditions thereof is entitled to release. Commutation granted Feb. 3, 1911. J. H. CouBsoN.-Larceny, from Fulton Superior Court, Decemiber term, 1910. Sentenced to siX months in chain-gang. He begun serving sentence WEDNESDAY, JUNE 28, 1911. 97. imposed at once; being attacked with pneumonia, it developed into tuberculosis and he .is now in serious condition. His release is recommended ~y .trial judge, solicitor and county physician. Commutation granted Feb. 9, 1911. JOSEPHINE fuSHBURN.-Assault and battery, from Habersham Superior Court, Nov. term, 1910. Sentenced to six months in chain-gang, or twentyfive dollars and eosts. She is the wife of an old confederate soldier, and is over fifty years of age. She had fight in her own house, and it seems that she has been punished sufficiently. Commutation granted Feb. 11, 1911. RICHARD BACON.-Murder, from Wayne Superior Court, Fall term, 1895. Sentenced to life imprisonment. He was granted a parole Feb. 23, 1909, and, having complied with the conditions of the same, ha is entitled to his release. Commutation granted Feb. 14, 1911. DAN WADE.-Mayhem, from Miller SpperioP Court, Fall term, 1895. Sentenced to life imprisonment. He was granted a parole July 1, 1909, and having satisfied the conditions of the same, is entitled to release. Commutation granted Feb. 14, 1911. FRANK JoNEs.-Murder, from Jones Superio:v Court, Spring term, 1896. Sentenced to Life Impris- onment. He was granted a parole June 26, 1909, and having satisfied the conditions of the same, 98 JouRNAl, oF THE SENATE, should be released. Commutation granted Feb. 14, 1911. HERBERT LoNG.-Burglary, from Fulton co~ty, Fall term, 1906. Sentenced to Reformatory. He wa:s granted a parole June 24, 1909, and having satisfied the demands thereof is entitled to discharge. Commutation granted February 14, 1911. HoMER NELSON.-Assault with intent to murder, from Fulton Superior Court, Spring term, 1906. Sentenced to four years in the penitentiary. He was paroled April 13, 1909,' and having complied with the condition thereof, has earned a discharge. Commutation granted February 14, 1911. SILLY STOKEs.-Burglary, from Dougherty Superior Court, Spring term, 1901. Sentenced to eight years in the penitentiary. He was granted a parole April 7, 19091 and having satisfied the demands thereof, is entitled to discharge. Commutation granted February 14, 1911. OLIVER WILcox.-Manslaughter, from Telfair Superior Court, Fall term, 1906. He was granted a parole April 9, 1909, and having complied with its conditions, has earned his discharge. Commutation granted February 14, 1911. .SAM GoTHERs.-Murder, life imprisonment, from Mcintosh Superior Court, October term, 1897. He was granted parole June 26, 1909, and having com- WEDNESDAY, JUNE 28, 1911. 99 plied with its demands, is entitled to discharge. Commutation granted February 14, 1911. SoN BALDwiN.-Manslaughter, from Clark Supe.. rior Court, Spring term, 1900. Sentenced to fifteen years in penitentiary. He was granted parole April 5, 1909, and having complied with its demands, has earned his discharge. Commutation granted February 14, 1911. 'MRS. C. C. WALL.-Selling liquor, from Rabun Superior Court, August term, 1907. Sentenced to fine of $350.00, or twelve months in chain-gang. She alleges that as she understood, no chain-gang sentence was imposed at the time she was sentenced, but only a fine, which she paid and was discharged. She remained at liberty for nearly two and one-halt years, when she was again taken in custody, to serve the chain-gang sentence. She is a white woman about sixty years of age, is in poor health, and the Representative of county, all county officers, but one, and a very large number of the best citizens of the county, ask that she be released. Commutation granted February 14, 1911. PETER CLARK.-Voluntary manslaughter, from Randolph Superior Court, November term, 1906. Sentenced to ten years in penitentiary. He was granted parole April 16, 1909, and having sati,sfied the .demands thereof, has earned discharge. Commutation granted February 14, 1911. 100 JOURNAL OF THE SENATE, ToM KEMP.-Murder, from Marion Superior Court, January term, 1899. Sentenced to life imprisonment. He was granted parole April 21, 1909, and having satisfied the demands thereof, is entitled to his discharge. Commutation granted February 14,1911. ANDY HoLLINGSWOBTH.-Murder, from Liberty Superior Court, Fall term, 1895. .Sentenced to life imprisonment. He was granted parole April 15, 1909, and having satisfied the demands thereof, has earned hi~ discharge. Commutation granted February 14, 1911. . JOE KAsPERACK.-'Stealing ride on train. Sentenced to three months in chain-gang. He has served faithfully, while able, but received a serious wound from mattock in hand of another convict, without fault on his part, and has been disabled therefrom. His release is asked by_ the trial judge, county physician, and county commissioners. Commutation granted February 14, 1911. HrLEY WILLIAMs.-Murder, from Houston Superior Court, April term, 1910. Sentenced to hang~ Upon careful examination of case, I find it too closely approximates heat of passion to constitute murder. Commuted to life imprisonment February 14, 1911. M. L. PBYOB.-Drunkeness and shooting on public highway, from Pike Superior Court, March t~rm, 1910. 8entenced to twelve months in each case. HQ . WEDNESDAY, JUNE 28, 1911. 101 has served with good conduct since April, 1910, sin()e which time he has sustained serious crippling of one hand, and is otherwise diseased, which renders him unable to work, as shown by certifioates of phrsician. The prosecutor and trial solicitor ask his release. Commutation granted February 15, 1911. RosALEE SrMs, ALIAs SMALL.-Murder, from :8urke Superior Court, January term, 1911. Sen... tenced to hang. She is a negro girl, about seventeen years of age, who has had no advantage in life. She was indicted with a negro man, who actually perpetrated the offense and has been convicted and paid death penalty. The trial judge says it is a case for the exercise of executive clemency. Commutation to life imprisonment granted February 16, 1911. PERRY PrcKENs.-Murder, from Hart Superior Court, March term,, 1908. Sentenced to life imprisonment. In combat with deceased he inflicted wound of which he died several months later, in the meantime having exposed himself much and dissipated considerably, making it doubtful whether he would have died if he had taken proper care of himself. The trial judge, solicitor, jury and court officers ask his release. Commutation granted February 16, 1911. J. R. DuKE.-Murder, from Polk Superior Court, March term, 1910. Sentenced to hang. He was 102 JouRNXL OF THE SENATE, tried within a week of the commission of the crime, and was convicted on testimony of three negroes in crap game at time crime committed. Clemency is urged by members of bar, who heard the case, by citizens of responsibility, and by all of jury but one. Commutation granted February 16, 1911. SAM ALLEN.-Burglary, from Monroe Superio11 Court, August term, 1907. Sentenced to five yeat:s in penitentiary. He has served all of sentence but about eight months, during which time he has prevented the escape of other convicts. The trial judge and solicitor recommend his application. Commutation granted February 16, 1911. ELIZABETH BARNEs.-Robbery, from Richmond Superior Court, Spring term, 1908. Sentenced to twenty years. She was indicted and convicted with another woman, both receiving twenty year sentences. The other woman was granted new trial on technicality, afterwards entered plea of guilty and received sentence of twelve months. The trial judge says the robbery was a very mild one, and that he thinks she should be released. Commutation granted. February 20, 1911. J. W. SHEPPARD.-Selling liquor, from Terrell Superior Court, March term, 1910. Sentenced to twelve months in the chain-gang. He contends he is not guilty, and was convicted on the evidence of sole witness. He is a business man of good stand- WEDNESDAY, JUNE 28, 1911. 103 mg, and about five hundred citizens of the county say they believe he is innocent, and ask his pardon. Sentence commuted to fine of $150.00 February 20, 1911. W. C. GRoVEs.-Selling liquor, from City Court of Macon, Fall term, 1910. Sentenced to four months in jail, and $750.00, or eight months on chain-gang. Physician certifies that he cannot undergo jail sentence without serious impairment of health, on account of previous physical condition, and the trial judge says he would not have sentenced him to jail had he known of his physical condition. Commutation as follows: In lieu of jail sentence, to pay a fine of $250.00, and in lieu of chain-gang sentence, additional fine of $750.00. Granted February 21, 1911. LuTHER GENTRY.-Burglary, from Haralson Superior Court, July term, 1910. Sentenced to twelve months in the chain-gang. He was convicted on circumstantial evidence, the witness testifying being personally unfriendly to him. T,he jury recommended him to mercy and now asks Executive clemency, and reduction of sentence to fine. Nearly. three hundred citizens join in the recommendation, on grounds of his not being able to perform manual service. Commutation granted February 23, 1911. PAuL LAwsoN.-Murder, from Burke Superior Court, Spring term, 1891. Sentenced to life imprisonment. He was paroled April 16, 1909, and, hav- 104 JouRNAL oF THE SENATE, ing complied with the condition.s thereof, his release is authorized. Commutation granted February 23, 1911. J. L. STALKAKER.-Voluntary manslaughter, from Taylor Superior Court, October term, 1897. Sentenced to twenty years in the penitentiary. He was granted parole June 19, 1909, and having complied with the conditions thereof, his discharge is authorized. Commutation granted February 23, 1911. GEoRGE GARDNER.-Attempt to murder, from Cobb Superior Court, Fall term, 1906. Senten~ed to ten years imprisonment. He was granted parole April14, 1909, and, having satisfied demands thereof, is authorized discharged. Commutation granted February 23, 1911. ALLEN SIKEs.-Murder, from Telfair Superior Court, Spring term, 1889. Sentence to life in the penitentiary. He was granted parole April14, 1909, and having complied with its conditions, is entitled to discharge. Commutation granted February 25, 1911. WALLACE MooRE.-Arson, from Meriwether Superior Court, August term, 1907. Sentenced to seven years in penitentiary. He was granted parole June 15, 1909, and having satisfied the demands of the same is entitled to his discharge. Commutation granted February 28, 1911. WEDNESDAY, JUNE 28, 1911. 105 BEN Low.-Murder, from Superior Court Macon county, November term, 1908. Sentenced to life imprisonment. He was indicted and convicted with one Scott Jones; the evidence as to his participation in the shooting is conflicting. It is very likely that his connection in the matter was simply that of peace-maker. He is recommended for clemency by the trial judge, solicitor, and many other lawyers and citizens. Commutation granted February 28, 1911. GEORGE JoRDAN.-Attempt to murder, from Ja,sper Superior Court, February term, 1909. Sentenced "to ten years in the penitentiary. The shooting occurred in general row and drunkenness. The negro who was shot now swears that he does 'not know whether Jordan shot him or whether he shot himself. The trial judge S'ays from facts learned since trial of case, he now thinks the sentence was for too long a term, and he, together with the solicitor-general, now urges clemency. Commutation granted February 28, 1911. BERRY FosKEY.-Voluntary manslaughter, from Pulaski Superior Court, August term, 1903. ;Sentenced to ten years in penitentiary. Crediting him with good time, his sentence has nearly expired, and the trial judge said that it was a case where clemency mi,ght be extended by pardon at the end of six years service, and now recommends release; so also 106 .JOL"RXAL OF THE SENATE, does alf the jury, with exception of one. Commutation grante-d F-ebruary 28, 1911. JoHN KENNEBREw.-Concealed weapon, from Fayette Superior Court, September term, 1910. Sentenced to nine months in chain-gang. The county physician makes affidavit that he has treated him and that he is physically unable to work. He received permanent injuries at about the age of fifteen and he is now fifty-three years old. Commutation granted February 28, 1911. J. N. CoLE.-Malpractic~ in office, from City Court of Jenkins County, July term, 191~. Sen- tenced to twelve months in the chain-gang. The trial solicitor says he thinks that the time he has served, together with a fine of from $100.00 to $150.00 would be sufficient vindication of the law. A large numb-er of citizens recommend commutation, and say that his family needs his protection. It is alleged that he made small overcharges as constable, but he contended on the trial that his charges were legal and customary. Commutation granted March 1, 1911. . SAM J:AcKsoN.-Murder, from Walton Superior Court, February term, 1903. Sentenced to life imprisonment. When about 16 years of age he shot and killed a negro boy friend, as he oontends accidentally. He has- served about eight years, and it may have been an accidental shooting, and as the WEDNESDAY, JUNE 28, 1911. 107 trial judge, solicitor and many of the jury recom- mend his release, commutation is warranted. mutation granted March 1, 1911. Com- RoBERT L. HoLLINGswoRTH.-Robbery; from DeKalb Superior Court, March term, 1909. Sentenced to five years in penitentiary. He had been under the influence of alcoholic stimulants to such an extent that physicians testify that they think his mind was at the time demoralized and deranged. He has been treated and cured, and his release is urged by officers of the State Farm, trial jury, and solicitor prosecuting case. Commutation granted March 3, 1911. CHARLES E. BRYANT.-Burglary, from Emanuel Superior Court, M;arch term, 1904. Sentenced to fifteen years in penitentiary. The trial judge says he is satisfied he has been punished sufficiently for the crime committed, and, therefore, recommends release. The county physician certifies that his eyetJ are diseased and that he is threatened with blindness, and that for this reason he is not in position to do much service. Commutation granted March 10, 1911. SoN CAREY.-Burglary, from Fulton Superior Court, spring term, 1903. There are four cases with total s~ntence of twelve years. He has served out three of the four sentences imposed, with good conduct, and haS' rendered extraordinarily meritori- 108 JouRNAL OF THE SENATE, ous service in assisting the wardens and guards in preventing other convicts from escaping. Commu tation granted March 15, 1911. HERALI} CoLLINS.-Robbery, from Fulton Super rior Court, March term, 1906. Sentence to ten years in the penitentiary. He was paroled April 20, 1900,. and having satisfied the demands thereof, has earned his release. Commutation granted, March 15, 1911. MAcoN SIMs.-Shooting at another, from Oglethorpe Superior Court, October term, 1907. Sevtenced to four years in penitentiary. He has served with good conduct the major portion of his sentence, and his release is urged by the trial judge, solicitor, and large number of good citizens. Commutation granted, March 15, 1911. GEORGE Y'f MIXoN.-Manslaughter, from John- son Supenor Court, Fall term, 1910. Bentenced to six years in penitentiary. The grand and petit jury, the judge and solicitor City Court, clerk Superior Court, and more than 1,100 good citizens of Johnson county urge his pardon. C<>mmutation granted March 15, 1911. ALVIN EsTEs:-Forgery, fro~ Floyd Superior Court, .Tanuary term, 1908. Sentenced to State Reformatory.. He has served in obediencll to the law and the superintendent of the farm says he merits his release. Commutation granted March 15, 1911. WEDNESDAY, JUNE 28, 1911. 109 SAl\r LYNN.-Concealed pistol, from Fulton City Court, December term, 1910. !Sentenced to fine of $.250.00, or twelve months in chain-gang. Upon entering plea of guilty he stated to judge that he was drunk at the time offense was committed and did not know whether he was guilty or not. The trial judge, solicitor and many good citizens thinking that he has been punished sufficiently and thitt his family is badly in need of his services, ask his relea.se, on fine of $50.00. Commutation, to $50.00, granted March 15, 1911. WILLIE WALKER.-Misdemeanor, from Fulton Superior Court, November term, 1910. Sentenced to nine months on chain-gang. Solicitor says he entered plea of. guilty with understanding that alternative sentence of $50.00 would be imposed, but that same was omitted by oversight. He bas served four and one-half months, and the solicotor-general now asks that sentence be commuted to fine of $30.00. Commutation to $30.00 granted March 16, 1911. HENRY CABTEB.-Larceny, from Elbert Superior Court, September term, 1910. 8entenced to twelve months in chain-gang. He pleaded guilty, stating the part which be took in stealing goods from railroad car, the statement showing him to be an accessory. He gave testimony voluntarily against the real perpetrators of the offense, and as the county physician certifies to inability to work, his release 110 .JouRNAL OF THE SENATE, is authorized. Commutation granted, March 16, 1911. GEORGE SurTs.-Larceny, from Floyd Superior Court, March term, 1910. Sentenced to fine of $100 or twelve months in chain-gang. He was convicted for stealing post cards worth about $1.50, and claims that he does not know who put them in his pocket. There is some doubt as to the term for which he was sentenced, neither the judge nor the solicitor remembering the term. He contends that he has served more than hi's sentence as stated by judge, but clerk's record shows sentence to be twelve months. He has served eight months, and the judge, solicitor and grand and petit jury ask his release. Commutation granted Mareh 16, 1911. AMos RoBINSON.-Voluntary manslaughter, from Terrell Superior Court, Spring term, 1906. Sentenced to twenty years in penitentiary. The deceased, who was drinking, and quarrelsome when in such condition, went to the home of defendant, a hard working peaceable negro and, as shown by some of the witnesses, stated to defendant that he had come to settle row with him, the same being done in a threatening manner, and defendant shot and killed him. It is shown that deceased told party a short while before killed that he was going there and kill defendant or make defendant kill him, and it is also stated that he tried to shoot defendant through the gate. The trial jury, solicitor, many WEDNESDAY, JUNE 28, 1911. 111 attorn~ys and other good citizens ask hi,., release. Co:rmnntation granted March 17, 1911. JIM PINNELL.-Murder, from Morgan Superior Court, March term, 1907. Sentenced to life imprisonment. The trial judgn, solicitor, prosecutor, trial jury and over 600 good citizens of county" where crime was committed, ask his release. While plea of insanity has not been sustained, it is shown that from serious injury to head by accident, at times under excitement, he se(ms deranged. Commutation gnnted March 17, 1911. RoMIE GRIFFIN.-Larceny and concealed weapon, from City Court of Spalding, June term, 1910. He is a negro boy, sixtt:!en years of age, when convicted. He was convicted for .stealing a pistol, and the same was found on his person concealed, for which he was also convicted. The trial judge, and the prosecutor believe he will not again violate the law and ask his release. Commutation granted March 17, 1911. GoRDON J. B. McDoNALD.-Murder, from Pulaski Superior Court, Fall term, 1907. The development of certain testimony since his conviction cause the jury and trial judge to doubt hii gnilt and to request his release. He is of good family. Commutation granted March 16, 1911. WILL JoNEs.-Assaul.t with intent to murder' from Emanuel Superior Court, October term, 1908. Sentenced to five years in penitentiary. Dr. Jno. P. 112 JouRNAL oF THE SENATE, Atkinson, physician at the State farm, certifies that he has been paralyzed on one side for fifteen months, and that he is unable to work, and has been of no service since being there. Commutation granted March '!7, 1911. ANNIE SHowERs.-Voluntary Manslaughter, from Wayne Superior Court, Spring term, 1904. Sentenced to twelve years in penitentiary. She was granted parole February 20, 1~9, and having complied with the conditions of the same, her release is warranted. Commutation granted March 23, 1911. C. W. CoRBETT.-Voluntary manslaughter, from Berrien Superior Court, spring term, 1909. Service to eight years in penitentiary. He was marshal of city and attempting to suppress disorder when de- ceased was shot. Many shots were fired by others than himself, and the testimony upon which the case was tried, was uncertain and contradicting. The shooting was at a negro restaurant, and many negroes participated in shooting. Five hundred good citizens, preachers, lawyers, _farmers and me- chanics, ask his release, and the general circum- stances warrant 25, 1911. it. Commutation granted, March J. L. CoKEN.-Burglary, from Houston Superior Court, Fall term, 1908. Sep.tenced to three years in penitentiary. He was very young when convicted, and has served with good conduct all of sentence WEDNESDAY, JUNE 28, 1911. 113 but about two months, and his release is urged by trial judge, wlicitor and county officers of Whitfield county, where he was raised. Commutation granted March 28, 1911. CLARENCE DuRDEN.-Rape, from Newton Superior Court, September term, 1909. Sentenced to eight years in penitentiary. He was convicted upon the sole testimony of the woman alleged to have been raped. She now makes affidavit that the intercourse was with her consent. Since the trial of the case the . woman's bad character has been made to appear to the judge and the solicitor, who now recommend his release. Commutation granted April 3, 1911. ARTHUR JoHNSON.-Voluntary manslaughter, from Floyd Superior Court, Fall term, 1900. Sentenced to seven years. He was granted parole December 26, 1909, and having satisfied the demands thereof, is entitled to his discharge. Commutation granterl Apri111, 1911. WILL AVERY.-Selling intoxicants, from Cobb Superior Court, March term, 1911. Sentenced to fine of $500.00 and costs, or twelve months in chain-gang. It is very doubtful whether the defendant should have been convicted in the case tried. There were four other case.s against him, to which he entered pleas of guilty, but the judge refuses to sentence him, or to discharge him, so he seems perpetually imprisoned, in effect, and therefore should have some 114 .JouRNAL OF THE SENATE, relief. Commutation to fine of $100.00 granted April 11, 1911. WILL MoRGAN.-Larceny, from Fulton Superior Court, Spring term, 1909. Sentenced to three years in penitentiary. He was convicted of stealing a piece of jewelry, but it has been shown that another boy gave him the same, and escaped arrest. The prosecutor, the trial judge, and solicitor ask his release. Commutation granted April 12, 1911. HATTIE P ARKER.-Manslaughter, from Bibb Superior Court, November term, 1909. Sentenced to eighteen months in penitentiary. She has been in service more than twelve months, and while in jail prevented others confined therein from escaping, by divulging to the jailor their plot. The solicitor says he thinks she has been punished sufficiently. Commutation granted April 20, 1911. G. F. CoLTER.-Selling liquor, from Walker Superior Court, February term, 1910. Sentenced to $750.00 or three years in the three cases. The trial of judge and solicitor, together with large number citizens in Walker county, urge his release. Commutation granted, April 27, 1911. WILL BETHUNE.-Manslaughter and gaming, from Fayette Superior Court, Spring term, 1908. Sentenced to five years and twelve months, respectively. He has served one sentence and part on the other, with excellent record. The trial judge, solic- WEDNESDAY, JuNE 28, 1911. 115 itor, eleven jurymen, and many citizens urge his release. His service in recapturing escaped convicts entitles him to reward. Commutation granted May 1, 1911. ALEx. EDMON.-Concealed pistol, Spring term, 1911, City Court of Atlanta. Sentenced to twelve mon.ths in chain-gang, or $100.00. There is considerable doubt as to his identity, and the judge now says, if it were in his power, he would grant a new trial. The judge and solicitor urge his release. Commutation granted May 4, 1911. WILL CRUMBY.-Selling liquor, from City Court Carroll c<1Unty, September term, 1910. Sentenced to twelve months in chain-gang, or fine of $150.00. He has served about eight months of the twelve months sentence imposed, and the trial judge, solicitor, county commissioners of Carroll county, and warden recommend his release on account of his ill health and inability to work. Commutation granted May 4, 1911. MINNIE 8MITH.-Selling liquor, Co-bb Superior Court, March term, 1910. Sentenced twelve months on chain-gang and $500.00. She is a woman, sixtyone years of age, and has served twelve months of her sentence with good conduct. Many intelligent citizens urge her release. Commutation to present service granted May 3, 1911. BEN ATKINSON.-Bryan Superior Court, Novem- 116 JouRNAL OF THE SENATE, her term, 1894. Sentenced to life imprisonment. He was paroled April 7, 1910, and having complied with the conditions thereof, his release is authorized. Commutation granted May 5, 1911. !DELLA BANKs.-Murder, Brooks Superior Court, December term, 1897. Sentenced to life imprisonment. She is a negro woman, who upon advice of counsel entered plea of guilty, and received life sentence; but she claims that she is innocent and says the killing was an accident, being caused by the fall- ing of a clothes pole upon the head of deceased child . wbile mother was washing clothes. She has served faithfully, and her release is recommended by judge . of the City Court and other good citizens. Commu.., tation granted May 8, 1911. CLARENCE NELSON.-Burglary1 Bibb Superior Court, Fall term, 1909. Sentenced to State ~form atory. Superintende.nt Bethume says that he has complied with requirements and rules, and recommends his discharge. Commuted by discharge May 11, 1911. PINK AncocK.-Shooting at another, Bartow Superior Court, November adjourned term, 1910. Sentenced to chain-gang twelve months. He has served nearly half the s~ntence, with good conduct, and the trial judge and solicitor recommend his release on payment of $25.00 and cost. Commutation, to $25.00 antl cost, granted May 19, 1911. WEDNESDAY, JUNE 28, 1911. 117 HoBBs GILBERT.-Violating prohibition law, Muscogee Superior Court, February term, 1911. Sentenced to six months on chain-gang, or $300.00. He is a one-legged white man, and has served tw() months of his sentence. The trial judge and solicito r recommend reduction of fine. Sentence commuted to $50.00, May 22, 1911. BEN BATISE.-Murder, Chatham Superior Court, August term, 1905. Sentenced to life Imprisonment. Killing occurred in small crowd where considerable shooting by different parties occurred. The record does not show clearly that defendant shot at deceased. Mem~rs of trial jury now say that his conviction, in their opinion, was a miscarriage of justice. He has served five years with good conduct and protests of innocence. Commutation granted May 24, 1911. DuDLEY JoHNSON.-Misdemeanor, City Court of Houston county, April term, 1911. Sentenced to $150.00 or twelve months on chain-gang. By order of the Judge, a certain number of days was allowed for payment of fine, which was not complied With in accordance with the order. The trial judge recom- mends that the defendant he now allowed to pay the fine imposed, which request was granted. Commutation to fine of $150.00, May 25, 1911. CHARLIE FisH.-Burglary, Houston Superior Court, April term, 1907. Sentenced to seven years. 118 JouRNAL OF THE SENATE, He was eonvicted when a boy, sixteen years of age, for stealing pistol of the value of $10.00, from house. He has served four years with excellent conduct. The prosecutor whose pistol was taken, the trial judge, the superintendent and warden, ask his release. Commutation granted May 24, 1911. J. C. CAIN.-Murder, Wilkes Superior Court, ~lay term, 1907. Sentenced to life imprisonment. He was drunk when deceased was killed, but has always maintained that pistol was fired accidentally, and there is strong probability that his statement is true. He ha.s served about four years with good conduct and the trial jurors and a large number of officials and citizens ask his pardon. Commutation granted May 29, 1911. DAVE PETERS.-Murder, from Emanuel Superior Court, Spring term, 1899. Sentenced to life imprisonment. He was granted parole May 8, 1910, and, having satisfied the demands thereof, is entitled to his diseharge. Commutation granted June 6, 1911. JoHN HoLDER.-Manslaughter, from Laurens Superior Court, January term, 1905. Sentenced to fifteen years imprisonment. He was granted parole December 23, 1909, and having satisfied the demands thereof, is entitled to discharge. Commutation granted June 6, 1911. WUJL SMITH.-Murder, from Bibb Superior WEDNESDAY, JUNE 28, 1911. 119 Court, November term, 1893. Sentenced to life imprisonment. He was granted parole March 10, 1910, and having complied with its demands, is entitled to discharge. Commutation granted June 6, 1911. JoHN BICKEBS.-Burglary, from Bibb Superior Court, November term, 1905. Sentenced to ten years imprisonment. He was granted parole September 20, 1909, and has satisfied the demands of the same. Commutation granted June 6, 1911. ToM ANDERsoN.-Murder, from Emanuel Supe- rior Court, January term, 1898. Sentenced to life imprisonment. He was granted parole September 18, 1909, and, having satisfied the demands thereof, has earned his discharge. Commutation granted June 6, 1911. JAMES LocKET.-Murder, from Bibb Superior Court, January t~rm, 1897. Sentenced to life imprisonment. He was granted parole December 23, 1909, and, having ~atisfied the demands thereof, is entitled to discharge. Commutation granted June 6, 1911. MARY DuRDEN.-Murder, from Camden Superior Court, Spring term, 1900. Sentenced to life imprisonment. She was granted parole January 29, 1910, and having satisfied its demands, merits discharge. Commutation granted June 6, 1911. CELLAS WooDWARD.-Assault with intent to mur- 120 JouRNAL oF THE SENATE, der, from Clayton Superior Court, September term, 1910. Sentenced to four years imprisonment. The defendant is one of three brothers who were tried and convicted for participation in the same offense, which occurred at a negro frolic. Some one put the light out during the row, and the whole transaction could not be well seen, but the evidence, while conflicting, does not. satisfactorily show that the defendant was engaged in the commission. of the crime, and it seems most probable that he was trying to prevent it. His application for clemency is well recommended. Commutation granted June 6, 1911. CHARLES SwANSON.-Manslaughter, from Campbell Superior Court, spring term, 1905. Sentenced to nine years imprisonment. He was granted parole Novem:ber 18, 1909, and, having satisfied the demands thereof, is entitled to discharge. Commutation granted June 6, 1911.' JOHN 8TANGLING.-Selling liquor, from Wilkes Superior Court, November term, 1910. Sentence~ to twelve months in chain-gang. He has served about eight months, and is a iripple and unfit for work: The county officers, trial judge, solicitor and others urge his release. He was only the agent, 8Jld has given material tes-timony leading to the convic. tion of the real .offe' nders of the law.. . Commutation granted June 8, 1911. HENRY AND BURWELL WRIGHT AND WALTER FuR- WEDNESDAY, JUNE 28, 1911. 121 Low.-Rape, riot, from Baker Superior Court, Fall term, 1903. Sentenced to twenty years imprisonment. The alleged victim in the rape case asks their pardon, and states that they .are not guilty. The trial judge, the grand and petit jury, together with all the county officers, including the board of education; ask pardon. Commutation granted June 9, 1911. LEE FuLLER.-Assault with intent to murder, Towns Superior Court, September term, 1906. Sentenced to ten years in the penitentiary. Fuller has served about half of his sentence, and is now fiftyfour years old. He has made a good prisoner and physicians certify that he is not able to do manual labor. He claims to have shot the young man for insulting his daughter. Commutation granted June 10, 1911. JoHN. NELMs.-Manslaughter, from Webster Superior Court, April term, 1905. Sentenced to 15 years in penitentiary. He was granted parole December 11, 1909, and having satisfied the demands of the same, is entitled to discharge. Commutation granted June 13, 1911. HENRY SMITH.-Burglary, from Montgomerr Superior Court, April term, 1900. Sentenced to 15 years in penitentiary. He was granted parole January 31, 1909, and having complied with its demands should be discharged. Commutation granted June 13, 1911. 122 JouRNAL oF THE SENATE, PARKER LEwrs.~Murder, from Hancock Superior Court, spring term, 1893. Sentenced to life imprisonment in penitentiary. He was paroled January 31, 1910, and having satisfied its demands, merits discharge. Commutation granted June 13, 1911. ELwooD RoBINSON.-Murder, from Dodge Superior Court, May term, 1910. Sentenced to hang. The deceased was murdered by his wife and the defendant, and his body was thrown into a well. The trial judge says that the woman, who was equally as guilty as the man, was not hanged, and that, therefore, he recommends clemency for the defendant. The Prison Commission takes the judge's view of the matter, and I endorse the same. Commutation to life imprisonment granted June 13, 1911. WALKER BARENTINE.-Manslaughter, from Coweta Superior Court, March term, 1908. Sentenced to five years in penitentiary. He was granted a parole September 2, 1909, and having satisfied the demands of the same, is entitled to discharge. Commutation granted June 13, 1911. JoHN R. TRULL.-Murder, from Washington Superior Court, Fall term, 1891. Sentenced to life imprisonment in penitentiary. He is a white man, who has served with good conduct twenty years. The trial judge says he was convicted on circumstantial evidence, that on trial he pleaded alibi, and that there is a probability of his innocence. He and WEDNESDAY, JUNE 28, 1911. 123 the trial solicitor recommend clemency. Commutation granted June 13, 1911. DEAN BRowN.-Assault with intent to rape, from Harris Superior Court, April term, 1901. Sentenced to twenty years imprisonment in penitentiary. The defendant was 18 years of age when crime was committed, and the girl was about nine, both being negroes.. 'It is shown that she had been intimate with other negro boys, and the intent to rape is doubtful. The trial judge is now dead, but an affidavit says he said he would recommend pardon. The grand jury and the accessible trial jury recommend his release; many good citizens do likewise. Commutation granted, June 13, 1911. GEoRGE HARVIN.-Murder, from Calhoun Superior Court, December term, 1893. Sentenced to life imprisonment in penitentiary. The solicitor says he doubts the existence of malice in the case, under the evidence. He has served faithfully seventeen years, and is now about :fifty-seven years of age, and afflicted. There is grave doubt as to his guilt, and his application for clemency is strongly endorsed. Commutation granted June 13, 1911. SYNOPSIS OF COMMUTATIONS. On recommendation of trial judge, etc.________ 26 On recommendation of trial judge, solicitor, etc. 41 On recommendation of trial judge, jury, etc.___ 4 124 JouRNAL oF THE SENATE, On recommendation of trial judge, solicitor, jury, etc. ------------------------------- 17 On reeommendation of trial solicitor, etc.______ 11 On recommendation of trial jury, etc.__________ 14 On account of disability, etc.__________________ 10 On recommendation Superintendent Reformatory, etc. --~---------------------------- 4 On account of reward for preventing escapes from penitentiary, ete._______________..___ 3 On account of miscellaneous recommendations__ 12 On account compliance with parole conditions granted by Governor Smith______________ 20 On account compliance with parole conditions granted by Governor Brown______________ 14 Total_____________________________ 176 PAROLES. C. S. ScoTT.-Manslaughter, from Brooks Superior Court, Fall term, 1897. Sentenced to twentv years in penitentiary. He has served about thirteen years; under the record and affidavits submitted, it is doubtful whether he should have been convieted. Unde-:- the conditions of the Act of 1908, he is entitled to parole, and the same was granted him July, 1910. BEN BIVINs.-Murder, from Henry Superior Court, October term, 1892. ,Sentenced to life imprisonment. He has served about eighteen years. He WEDNESDAY, JuNE 28, 1911. 125 did not perform the physical act of murder, but was only an accomplice, and upon the trial aided in the conviction of the real perpetrator of the offense, according to the statement of the then sheriff. The prosecutor does not object to his release, and he has fully complied with the conditions of the Act of 1908. Parole granted July 1, 1910. JoHN RILEY.-Manslaughter, from Taylor Superior Court, Spring term, 1908. Sentenced to twelve years imprisonment. The trial judge says the testimony for the State was very conflicting, and that the testimony of the main witness for the State was inconsistent and in many respects unsatisfactory to him. The trial jury recommends his release. He has complied with the conditions of the Act of 1908, and parole was granted July 6, 1910. WM. F. FALLEN.-Assault to murder, from Chatham Superior Court, October term, 1910. Sentenced to four years in penitentiary. The trial jury r~com mended that he be punished for a misdemeanor, but the Court disregarded the recommendation. The representatives of county, the Senator of the district, the county officers, the trial jury and many citizens now ask his release. Parole granted July 22, 1910. MILTON CARTER.-Burglary, from Fulton Superior Court, January term, 1907. Sentenced to eight years in penitentiary. He has served three years 126 JOURNAL OF THE SEN ATE, and the property taken was of small value. His previous character is shown to be good, and the prosecutor, trial judge and solicitor ask his release. Parole granted July 28, 1910. JoHN PARKER.-Larceny, from Wilkes Superior Court, Fall term, 1909. Sentenced to twelve months and six days in penitentiary. The prosecutor says he was led into commission of the crime by an older negro, who is now serving sentence therefor, and that he was not the real principal in its commission. Parole is authorized under Acts of 1908, and was granted August 9, 1910; . ToM GuFFY.-Murder, from Fulton Superior Court, Fall term, 1898. Sentenced to life imprisonment. All the accessible trial jury, the trial judge, ~nd a large number of prominent dtizens ask his release. Parole granted August 28, 1910. F. D. LoVE.-Burglary, from Houston Superior Court, Fall term, 1908. Sentenced to six years in penitentiary. There is grave doubt as to his guilt, and the prosecutor recommends parole, which was granted 'Sep~ember 3, 1910. PRATHER DEMPSEY.---'Manslaughter, from Newton Superior Court, Mareh term, 1905. Sentenced to penitentiary fifteen years. It is not likely that he intended to kill the deeeased; he is from good family, and has lost one eye from explosion of gas in coal mine to which he was sent since his conviction. A WEDNESDAY, JuNE 28, 1911. 127 large number of good citizens in Newton and adjoining counties ask his release. He was a mere boy when convicted. Parole granted September 9, 1910. DAN WILLIAMs.-Robbery, from Fulton Superior Court, Fall term, 1909. Sentenced to four years in penitentiary. James Sheppard, upon whose testimony the defendant was convicted, iww makes affidavit that defendant had nothing to do with the robbery. The prosecutor expresses doubt as to his guilt. Judge Roan, who presided at trial, and Solicitor Hill, prosecuting solicitor, recommend parole. Parole granted September, 1910. IKE BRIT.-Larceny after trust, from Fulton Superior Court, October term, 1906. Sentenced to five years imprisonment. The trial judge and solicitor recommend his release; the camp physician certifies to his afflicted condition, and the grand jury ask his release. He has served about eight and one half years 'Yith good conduct, and his release is warranted. Parole granted September 13, 1910. WILL Goss.-Murder, from Madison Superior Court, September term, 1897. Sentenced to penitentiary for life. He pleaded self defense and the record shows mitigating circumstances. The trial judge and jury, together with many good citizens, ask his release. Parole granted September 29, 1910. Lumus GuTHRIE.-Assault with intent to murder, from Cobb Superior Court, March term, 1906. Sen- 128 JouRNAL oF THE SENATE, tenced to twenty years in penitentiary. The trial Judge says the evidence was circumstantial and that he thinks it quite likely that some of it may have been false. He, together with the. trial jury and county officers, recommend release. He has complied with the conditions of the Act of 1908, and parole was granted October 1, 1910. JuLius YouNG.-Burglary, (two cases) Fulton Superior Court, October term, 1907. The trial judge and solicitor recommend his parole and, under the conditions of the Act of 1908, he is entitled to the same. Parole granted October 3, 1910. JACK STRANGE.-Manslaughter, Floyd Superior Court, November term, 1907. Sentenced to fifteen years in penitentiary. There is serious doubt as to his guilt, as shown by newly discovered evidence, The trial judge and a large number of citizens of Floyd county request his release. Parole granted October 5, 1910. WrLL JoHNSON.-Manslaughter, Crisp Superior Court, September term, 1906. Defendant was chased by another negro with large stick for several blocks in the city of Cordele. Upon reaching house he secured gun and shot deceased. He was convicted of voluntary manslaughter and sentenced to seven years in penitentiary. The trial jury and solicitorrecommend parole; the same is granted October 17, 1910. FosTER. BRooKs.-Murder, Catoosa Superior WEDNESDAY, JUNE 28, 1911. 129 Court, Spring term, 1893. Sentenced to life imprisonment. When about thirteen years of age he was convicted for the poisoning of his step-father. He has at all times denied his guilt. Since beginning service of sentence his right hand has been crushed and practically disabled for work. He has served seventeen years with good conduct. Parole granted Octo:ber 19, 1910. RALPH JoHNSON. Burglary, Clayton Superior Court, September term, 1898. Sentenced to twenty years. , TP.e trial judge, solicitor and many good citizens endorse his application for clemency, upon grounds of sufficient punishment. He has served twelve years with good conduct and his release is warranted by the Act of 1908. Parole granted October 19, 1910. WILL Wrr..soN.-Attempt to murder, Greene Superior Court, August term, 1908. Sentenced to four years in the penitentiary. This was a family occurrence with no serious harm resulting. All par~es concerned, together with the trial judge, solicitor, twenty-one grand and eleven trial jurors, county officers and others, indorse his application for clemency. Parole granted October 19, 1910. EMMEl;T SHAw.-Fnlton Criminal Court, March term, 1909, misdemeanor. Sentenced to Fulton Reformatory. The boy does not seem to be at all vicious, his mother is very much in need of his serv- 130 JouRNAL OF TH'E SENATE, ices at home, and his release is urged by many of Atlanta's best citizens. Parole granted October 19, 1910. ANDREW PARKs.-Murder, Madison Superior Court, Spring term, 1899. He has always protested innocence. The trial judge is not living, but the trial solicitor indorses his application for clemency. He has served more than twenty years with good conduct. Parole granted October 20, 1910. JAMES GRAHAM.-Murder, Bulloch Superior Court, Fall Term, 1891. Sentenced to life imprisonment. New evidence shows that deceased was advancing upon defendant with a drawn knife at the time of the shooting. The trial judge and the solicitor, and the accessible jury recommend clemency. He has served nearly twenty years with good conduct. Parole granted October 28, 1910. REuBEN AVERY.-Murder, DeKalb Superior Court, February term, 1892. Trial judge, present solicitor-general, all living accessible trial jurors, city and county officers and members of the Legislature from said county, recommend clemency. Parole granted Novelll!ber 8, 1910. OLIN PHARR.-Embezzlement, Telfair Superior Court, Spring term, 1908. Sentenced to four years in the penitentiary. Crediting defendant with good time to which he is entitled he has served about three years, and his conduct shows compliance with the WEDNESDAY, JUNE 28, 1911. 131 conditions of the Parole Act of 1908. Parole granted November 17, 1910. HENRY BEcK.-Manslaughter, Troup Superior Court, Fall term, 1909. Sentenced to five years in the penitentiary. Additional circumstances, developed since the trial of the case, show great provocation upon the part of the deceased, and a purpose upon his part to kill defendant, who was his step-son. His petition for clemency is strongly recommended and urged by good citizens of the county familiar with the surrounding circumstances. Parole granted November 19, 1910. L. C. JoiNEB.-Forgery, Sumter Superior Court, Spring term, 1908. Sentenced to five years in peni- tentiary. He has served about half of his sentence and rendered valuable assistance to the State in connection with the recent fire at the State Farm. At date of his release he was confined to hospital on account of physical conditions. Superintendent of farm says he is entitled to great consideration and circumstances show full compliance with the conditions of the Act of 1908. Parole granted December 8, 1910. BEN IiARBis.-Manslaughter, Coweta Superior Court, March term, 1907. Sentenced to five years in the penitentiary. His release is recommended by. prosecutor, State's counsel, grand and trial jury, county commissioners and other county officers, to- 132 JouRNAL OF THE SENATE; gether with large number of citizens. Parole granted December 9, 1910. SIMON LocKEY.-Murder, from McDuffie Superior Court, Spring term, 1893. Sentenced to life imprisonment. He has served faithfully for seventeen years, his failing health demands relaxation from continuouS' toil, and as a reward for his good conduct as a prisoner, his release is well warranted. Parole granted December 22, 1910. WILSoN, PAuL.-Murder, from Macon :Superior Court, December term, 1897. Sentenced to life imprisonment. He was a youth, 15 years of age when convicted, and has served more than thirteen years, the last five of which has been in the capacity as ''trusty.'' As a reward for his faithful service, his release is well warranted. Parole granted December 22, 1910. SHUBMAN FANN.-Rape, from Carroll Superior Court, October term, 1907. He was induced by attorney to enter plea of guilty, but the judge was so impressed with defendant's being of weak mind that he gave him light sentence. The solicitor-general doubts his guilt, and hence, taking all the circumstances into consideration, his release on parole is authorized. Parole granted December 22, 1910. E. G. CLIFFOBD.-Burglary, from Chatham 'Superior Court, Spring term, 1905. Sentenced to ten years in penitentiary. As a reward for his helping WEDNESDAY, JUNE 28, 1911. 133 to catch escaping convicts and preventing the escape of others, together with the recommendation of the prosecutor and acquiescence of the judge, his release is authorized. Parole granted Decemer 22, 1910. TIPSEY McFARLEY.-Burglary, Muscogee Superior Court, November term, 1903. He has' served with good conduct seven years. There is some doubt as to his guilt, and his conduct as a prisoner is good. Hence his release is warranted under the terms of the Parole Act of 1908. Parole granted January 7, 1911. LILLIE YARBROUGH.-Manslaughter. Fulton Superior Court, Spring term, 1908. Sentenced to six years in the penitentiary. She was recommended by the Prison Commission as s"'tisf"Vn't the demands of the Parole Act of 1908, and her release seems war- ranted. Parole granted January 11, 1911. PHIL HERRING.-Subornation of perjury, Bibb Superior Court, Spring term, 1904. Sentenced to ten years imprisonment. He has served faithfully since 1904, and, counting good time to which he is entitled, his sentence would expire F~bruary, 1912. The Prison Commission, after due investigation, recommended parole, which was granted January 11, 1911. SusiE DRAYTON.-Murder, Worth Superior Court, May term, 1869. Sentenced to life imprisonment. She has served about forty years and the physician 134 JOURNAL OF THE SENATE, at the State Farm says she now has tuberculosis. Upon investigation the Prison Commission recommended her parole, which was granted January 11, 1911. STEPHEN CusTER.-Murder, Gordon Superior Court, 1890. Sentenced to life imprisonment. He has served over twenty years. He was, at date of conviction, employed by one Collins who was tried and convicted with him for the murder of Collins' wife; both sentenced to life imprisonment. Collins was pardoned in 1904. The judge and solicitor now think that defendant should be paroled. Parole granted January 13, 1911. WALTON CHATMAN.-Voluntary manslaughter, Jasper Superior Court, February term, 1909. Sentenced to three years imprisonment. Trial judge and the jury now state that there is doubt as to defendant's guilt and recommend parole. The Prison Commission upon examination do likewise. Parole granted January 18, 1911. WYATT BowLEs.-Burglary, Muscogee Superior Court, Fall term, 1909. Sentenced to State Reformatory. The trial judge says he is convinced of his reformation, and asks for defendant's release. His record at the Reformatory is good, and the Prison Commission recommended his parole, which was granted February 3, 1911. JIM DANIELs.-Murder, Jasper Superior Court, WEDNESDAY, JuNE 28, 1911. 135 October term, 1889.. Sentenced to life imprisonment. He has served about twenty-two years, and was not the principal in the commission of the crime. He has made a model prisoner and is over sixty years of age. Parole granted February 11, 1911. DuNK MoRBis.-Burglary, Fulton Superior Court, January term, 1902. Sentenced to fifteen years. The trial judge; JohnS. Candler, says he has S'erved long enough. He has served more than ten years and his release is strongly urged. Parole granted February 9, 1911. ELIZA HILL.-Manslaughter, Montgomery Superior Court, Spring term, 1905. Sentenced to eighteen years in penitentiary. 'She has served faithfully at State Farm for period of more than five years; deceased was the aggressor and defendant's' release is strongly urged. Parole granted February 11, 1911. WILL WHITE.-Manslaughter, Coweta Superiqr Court, March term, 1907. Sentenced to five years imprisonment. The testimony is circumstantial and conflicting. It is clear that the deceased fired his pistol and that he must have been the aggressor. Defendant has completed most of his sentence and the trial judge and solicitor recommend his release. Parole granted February 16, 1911. JoE HALL.-Murder, Macon Superior Court, November term, 1899. Sentenced to life imprisonment. 136 JOURNAL OF THE SENATE, He has served with good conduct. His application for cl~mency is strongly endorsed and he has rendered good service in apprehending escaping convicts, for which he is entitled to consideration. Parole granted February 17, 1911. CHARLIE BLACKMAN.-Murder, Tattnall Superior Court, April term, 1896. :Sentenced to life imprisonment. He is over fifty years of age and has served more than fifteen years. On returning to his home one night found man in bed with his wife. He shot to kill man but killed his own wife. He has rendered efficient service in apprehending escaping convicts while serving himself. His application for clemency is well endorsed. Parole granted February 23, 1911. DuTcH JoRDAN.-Miller Superior Court, Spring term, 1906. Sentenced to seven years for assault with intent to murder. He is a young white man with wife and small child. While in fight he shot at one man and inflicted slight wound upon another. The gun was loaded with bird-shot. He has served nearly four years and his application for clemency is well endorsed. Parole granted February 28, 1911. JIM DuMAs.-Burglary, Ben Hill Superior Court, April term, 1907. :Sentenced to Reformatory. He was eleven years of age when convicted. Superintendent of the Reformatory gives him favorable recommendation. Parole granted February 28, 1911. WEDNESDAY, JUNE 28, 1911. 137 HENRY FlsH.-Manslaughter, Miller Superiol' Court, Fall term, 1907. Sentenced to twenty years imprisonment. Many of the jurors, citizens and county officers ask his release, the officers expressing duubt as to his guilt. Parole granted March '7, 1911. CHARLIE WILLIAMs.-Murder, Sumter Superior Court, Spring term, 1883. He has served faithfully twenty-four years, and his application for clemency is well endorsed by citizens and officers of county. Parole granted March 11, 1911. .ALEMORE WILLIAMs.-Murder, Emanuel Superior Court, Fall term, 1893. Sentenced to life imprisonment. The defendant claims to have killed deceased on account of the seduction of his daughter and the attempted ruin of his wife. The evidence does not show the circumstances fully. He has served fifteen years and his release is strongly urged by citizens and officers. Parole granted March 16, 1911. HENRY HoooEs.-Murder, from Effingham Superior Court, October term, 1883. Sentenced to life imprisonment. He has served faithfully for twenty years and is now seventy years of age, which means practically a life sentence. He is well recommended and his release is warranted. Parole granted March 16, 1911. HENRY MITCHELL.-Shooting at another, from Decatur Superior Court, November term, 1908. Sentenced to four years imprisonment. He carelessly 138 JO"L'RNAL OF THE SENATE; handled a pistol and fired the same off, as he contends, without intention of shooting any one, but pleaded guilty to the offense of shooting at. another. He is of good negro family, has served with good conduct, and is well recommended by many good citizens who know him. Parole granted March 16, 1911. JoHN McDouGALD.-Murder, from Lowndes Superior Court, Fall term, 1895. Sentenced to life imprisonment. He was convicted upon circumstantial evidence, has served with good conduct fifteen years, and is now nearly blind and sixty years of age. He is recommended by the solicitor, judge of circuit, and many good citizens. Parole granted March 18, 1911. DAN TucKER.-Murder, from Meriwether .Superior Court, August term, 1996. Sentenced to life imprisonment. He was tried with other negroes for murder, some being convicted and one acquitted. He has served fifteen years with good conduct. His general character is good and he is recommended by manyfamiliar with the circumstances of the killing, by county officers and grand jurymen. Parole granted March 16, 1911. G. S. CoKER.-Burglary, from Houston Superior Court, Fall term, 1908. Sentenced to seven years in penitentiary. His parole is recommended by the trial judge, by county officers and others, and his record warrants it. Parole granted Murch 16, 1911. WEDNESDAY, JUNE 28, 1911. 139 ALFRED ALLEN.-Robbery, fr6m Gwinnett Superior Court, March term, 1903. Sentenced to sixteen years imprisonment. Judge Russell and other prominent citizens, recommend his release, and the record made in the penitentiary warrants it. Parole granted March 16, 1911. WILL MADDOX.-Murder, from Butts Superior Court, February term, 1900. Sentenced to life imprisonment. He is well recommended by the trial judg~, jury, solicitor, and prosecutor. His record warrants release. Parole granted March 16, 1911. JoJJAH WYATT.-Rape, from Henry Superior Court, October term, 1908. Sentenced to your years in penitentiary. The facts were such as to cause the trial jury to make special recommendation for mercy, and his application is well recommended. Parole 'granted March 17, 1911. JoHN SIMMONs.-Murder, from Monroe SuperiorCourt, Spring term, 1888. :Sentenced to life imprisonment. He has served more than twenty years with good conduct. His leg was broken by other convicts while in the discharge of his duty, and without his fault, and the trial judge, solicitor, grand and petit jury recommend his application for clemency. Parole granted March 16, 1911. JoHN SAXoN.-Murder, from Oglethorpe S~pe rior Court, October term, 1894. Sentenced to life 140 JouRNAL oF THE SENATE, imprisonment. He has served with good conduct since his conviction, and there are mitigating circumstances in his favor. The camp physician, Dr. Gibson, Congressman W. S. Howard, and other prominent citizens, urge his release. He has rendered material aid to the guards in recapturing escaping convicts. Parole granted March 23, 1911. JULE HowARn.-Assault with intent to murder, from Muscogee Superior Court, Fall term, 1907. Sentenced to ten years imprisonment. A material State. witness makes affidavit that the defendant is innocent, and for this reason several hundred good citizens make appeal for his release. ~he trial judge says he thinks parole should be extended. Parole granted March 24, 191L JAMES BuNCOMB.-Murder, from Chatham Superior Court, June term, 1900. Sentenced to life im- prisonment. He has served more than ten years and the Grand Jury asks his parole; in this respect they are joined by most of the petit jury, the prosecuting attorney, and others. He has rendered good service in capturing escaping convicts since his conviction. Parole granted May 2, 1911. OTis BROGDIN.-Burglary, from Putnam Superior Court, Spring term, 1910. Sentenced to three years imprisonment. He is a young white boy, who was convicted for stealing gas meters. The trial judge, prosecutor and quite a number of citizens ask his release. Parole granted May 5, 1911. WEDNESDAY, JuNE 28, 1911. 141 GEORGE GILL.-Murder, from Troup Superior Court, November term, 1897. Sentenced to life imprisonment. He killed deceased with a wa~ng stick, and the act was done under mitigating circumstances, some reliable people say in self-defense. He has served faithfully 'Over thirteen years, and his release is warranted as shown by strong endorsement in his behalf. Parole granted May 22, 1911. WILL lliGAN.-Attempt to wreck train, Pike Superior Court, April term, 1909. Sentenced to Reformatory. He is now fourteen years of age, and has been in Reformatory about eighteen months. His release is recommended by superintendent. Parole granted. Parole granted May 24, 1911. , JULIUS J. Al,.Lmoon.-Manslaughter, from Telfair Superior Court, Fall term, 1906. Sentenced to :fi.f- teen years imprisonment. He is very penitent .for the commission of the crime, and his release is asked by trial judge, solicitor, and grand and petit juries, together with many prominent citizens. Parole granted May 27, 1911. Bun PooL.-Aiding escape, from Stephens Superior Court, May term, 1909. Sentenced to four years in penitentiary. The evidence was circumstantial and there is good reason for doubting defendant'S' guirt. His release is asked by the trial judge and jury. Parole granted May 27, 1911. I. W. FoUBAKER.-.Assanlt with intent to murder, 142 JouRNAL oF THE SENATE, from Clinch Superior Court, Spring term, 1908. Sentenced to ten years in penitentiary. Affidavit of the deceased says that he made the defendant shoot him and that he did not want him bothered for it, which affidavit, together with his good conduct as a convict, and in view of his recommendation for clem~ ency authorizes his parole, which was granted June 13, 1911. MoRRIS DANFORTH.-Burglary, from Fulton Superior Court, March term, 1910. Sentenced to twelve months in each of two. cases. The Prison Commission, upon examination, find that he is entitled to parole under the Acts of 1908, and the trial judge and assistant solicitor-general recommend his application _for clemency. Parole granted June 13, 1911. SAM WHITT.-Manslaughter, from Henry Superior Court, October term, 1907. Sentenced to 5 years in penitentiary. He was convicted upon the testimony of a disrepUttable negro woman; the trial judge, jury and others recommend his release. Parole granted June 13, 1911. SYNOPSIS OF PAROLES. On recommendation of trial judge, etc.________ 10 On recommendation of trial judge, solicitor, etc. 7 On recommendation of trial judge, jury, etc.____ 7 On recommendation of trial judge, solicitor, jury, etc. ------------------------------- 15 On recommendation of trial solicitor, etc.______ 3 WEDNESDAY, JUNE 28, 1911. 143 On recommendation of trial solicitor, jury, etc._ 2 On recommendation of trial jury, etc.__________ a On recommendation of Superintendent Reform- atory, etc. ------------------------------ 2 On recommendation of miscellaneous__________ 15 On account disability, etc.____________________ 1 On account preventing escape from penitentiary, etc. _ ---------------------------------- 4 Total_____________________________ 69 REPRIEVES. FRAZIER HEAD.-Concealed weapon, from City Court of Monticello, September term, 1909. Sentenced to chain-gang four months and :fine of $50.00, or eight months in chain-gang. Respite granted for purpose of giving Prison Commission time to pass upon application for ~lemency, September 16, 1910. MoRRis CoHEN.-Midemeanor, from Fulton Superior Court, October term, 1910. 'Sentenced to chain-gang twelve months, or :fine of $1,000.00. Respite granted for the purp0i3e of allowing the Prison CommiS'Sion time for hearing and considering application for clemency, September 15, 1910, and again for the same purpose October 10, 1910, and November 2, 1910. RANDOLPH WIMPEE.-Violation prohibition law, from Haralson Superior Court, January term, 1910. Sentenced to :fine of $200.00, or twelve months on 144 JOURNAL OF THE SEN ATE, chain-gang. Respite granted to allow time for consideration of newly discovered evidence on application for clemency before the Prison Commission, September 23, 1910. CHARLES HoLLANn.-Robbery, from Whitfield Superior Court, 1910. Sentenced to twelve months in chain-gang or $250.00 fine. Respite granted to allow Prison Commission time for consideration of application for clemency, October 11, 1910. :SAM HuNT.-Kidnapping, from Polk Superior Court, 1910. Sentenced to penitentiary four years. Respite granted for purpose of allowing time to investigate application for clemency, October 25, 1910. EDDIE MosEs.-Murder, from Chattahoochee Superior Court, August adjourned term, 1910. :Sentenced to bang. Respite granted in order to give Prison Commission time for consideration of application for clemency, October 21, .1910. 'TuRNER STRICKLAND.-Selling liquor, from City Court of Quitman, 1910. Sentenced to chain-gang. Respite granted November 4, 1910, to give Prison Commission time for consideration of application for clemency. Fr.oY CoPELANn.-Assault with intent to murder, from Greene Superior Court, November term, 1909. Sentenced to penitentiary four years. Respite granted in order to give the Prison Commission WEDNESDAY, JUNE 28, 1911. 14.) time in which to hear and consider application for clemency, November 19, 1910. MRs. C. C. WALL.-Selling liquor, from Rabun Superior Court, August term, 1907. Sentenced to fine of $350.00 and to chai.D.-gang twelve months. RespiteS' granted for purpose of giving time to hear and consider application for clemency, November 26, 1910, again December 21, 1910, and January 18, 1911, for same purpose. D. C. DixoN.-Murder, from Bryan Superior Court, November term, 1910. Sentenced to hang. Respite granted for purpose of giving time for hearing and considering application for clemency, December 19, 1910. RosA LEE SYMs, ALIAs RosA LEE SMALL.-Murder, from Burke Superior Court, February term, 1911. Sentenced to hang. Respite granted in order to give Prison Commission time in which to hear and consider application for clemency, February 2, 191L W. C. GROVES.----Selling liquor, from City Court of Macon, 1910. Sentenced to fine and jail, without alternative. Respite granted February 9, 1911, to allow time for consideration of application for clemency. J. HoMER DAVIs.-Misdemeanor, from Cobb Superior Court, November term, 1910. Sentenced to fine of five hundred dollars or service in chain-gang 146 JouRNAL oF THE SENATE, twelv'e months. Respite granted, in order to allow Commission time in which to hear and consider application for clemency, March 6, 1911. T. J~ CHRISTIAN.-Misdemeanor, from City Court of Macon, 1910. Sentenced to fine of $500.00, or service in the chain-gang six months. Respites granted for purpose of allowing Commission time in which to hear and consider application for clemency, March 6, 1911, also again March 16, 1911, and April 14, 1911, for same purpose. H. C. DoBBs.-Misdemeanor, from Cobb Supe rior Court, October term, 1909. Sentenced to fine of twenty-five dollars and costs ?r chain-gang six months. Respite granted in order to allow the Commission time in which to hear and consider application for clemency, March 11, 191L MINNIE SMITH.-Selling liquor, from Cobb Superior Court, March term, 1910. .Sentenced to twelve months in chain-gang and fine of $500.00. Respite granted for the purpose of giving time for consideration of application for clemency, April 29, 1911. F. T. TAYLOR.-Murder, from Appling Superior Court, September term, 1909. Sentenced to hang~ Respite granted ~n order to give time for consideration of application for Clemency, May 4, 1911. J. C. HuNTER.-Murder, from Chatham Superior WEDNESDAY, JUNE 28, 1911. 147 Court, Spring term, 1910. Sentenced to hang. Respite granted to give time for consideration of application for clemency, May 5, 1911, and again June 7, 1911, in order to see development in case of the State v. John Cooker, who is being prosecuted in same court for the commission of the same offense for which Hunter has been convicted. IKE DANIEL.-Concealed weapon, from City Court of Monticello, November term, 190"i'. Sentenced to ~osts of court and chain-gang for twelve months. Respite granted in order to allow time for consideration of application for clemency, May 13, 1911. SAM SwATSON.-Murder, from Fulton Superior Court, February term, 1911. Sentenced to hang. Respite granted for purpose of hearing application for clemency on ground of newly discovered evidence, June 2, 1911. ToM JACKSON.-Murder, from Lowndes Superior Court, May term, 1910. Sentenced to hang. Respite granted for purpose of hearing application for clemency, June 13, 1911, also June 23, 1911, for same purpose. 148 JouRNAL oF THE SENATE, The following bills were read first time: By Mr. Williams- A bill to prohibit the eloping and marriage of females under the age of l 8 years without the consent of their parents, and for other purposes. Referred to General Judiciary Committee. By Mr. Whitehead- A bill to amend article 8, section 1, paragraph!, of the Constitution of this State. Referred to Committee on Constitutional Amendments. By Mr. Harris- A bill to create the office of State Auditor for the State of Georgia, to define his duties, and for other purposes. Referred to Finance Committee. By Mr. Williams- A bill to increase the pensions of indigent Confederate soldiers and their widows from sixty to one hundred dollars. Referred to Pension Committee. WEDNESDAY, JUNE 28, 1911. 149 By Mr. Harris- A bill to amend section 588 of the Code of 1910 providing for the fees of County Treasurer. Referred to Finance Committee. By Mr. Harris- A bill to provide that all school books used in the common schools of this State shall be furnished by the State. Referred to Committee on Education. . By Mr. Edwards- A bill to require the registration of the names, addresses of all parties doing business in the State in the name of an artificial person or company, and for other purposes. Referred to General Judiciary Committee. By Mr. Harris- A bill to regulate and provide for the government of cities, towns, villages and other municipalities within this State. Referred to General Judiciary Committee. By Mr. Edwards- 150 JOURNAL OF THE SENATE, A bill to amend section 4252 of the Code relative to the collection of attorneys' fees. Referred to General Judiciary Committee. By l\Ir. Shingler- A bill to amend paragraph 11 of section 1, article 11 of the Constitution so as to create a new County laid out of the Counties of Decatur and Early. Referred to Committee on Constitutional Amendments. By Mr1 Shingler- A bill to amend section 111, article 111 of the Constitution so as to increase the- number of the members of the House of Representatives of the State of Georgia. Referred to Committee on Constitutional Amendments. The following message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has concurred in the following resolutions of the Senate, to-wit: A resolution providing for a joint committee to notify His Excellency, the Governor, that the Gen- WEDNESDAY, JUNE 28, 1911. 151 eral Assembly has perfected organization and is now ready to proceed with the business of the State. The Speaker appointed the following members as committee on the part of the House, to-wit: Messrs. Stubbs, Adkins, Scott. The following bill was read first time: By Mr. Edwards- A bill to incorporate the town of Cleveland, m White County. Referred to Committee on Corporations. The following resolution was adopted by Mr. Copelan: A resolution. Resolved by the Senate, the House concurring, That the General Assembly adjourn Saturday, July 1st, until Wednesday, July 5th, and that July 3rd and 4th be declared dies non. On motion, when the Senate adjourns today, it will stand adjourned until tomor!_ow morning at 10:30. The oommittee appointed to select a Chaplain, reported that they had selected Rev. J. W. G. Watkins as Chaplain of the Senate for the ensuing two years. 152 JouRNAL oF THE SENATE, The following message was recejved from the House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has concurred in the following resolution of the Senate, to-wit: A resolution to provide for joint session of the General Assembly Thursday, June 29th, 1911, for the purpose of opening and publishing returns of the State election, as provided by law. The following message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has concurred in the following resolution of the Senate, to-wit: A resolution providing for joint committee to ar- range inaugural ceremonies. The Speaker has appointed the following members as committee on part of the House, to-wit: Messrs. Hardeman, Burwell, Ale::lrander, McElreath, Slade. On motion, the Senate adjourned. THURSDAY, JUN'E 29, 1911. 153 SENATE CHAMBER, ATLANTA, GA., Thursday, June 29, 1911. The Senate met pursuant to adjournment at 10:30 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: Aaron, 0. B. Ad'llliilS, G. W. Beaoohamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J. P. Bush, I. A. Crawford, W. D. Oopelan, E. A. Cromartie, J. A. Cu)bret:h, T. " Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis. W. H. Felker, J. H. Graham, L. C. Clrovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. K.lg-ht, w~ N. Kincaid, J. B. King, W. W. Mann. W. S. Marshall, C. B. Mayson, J. w:. }foore, 0. A. Morris, W. S. Oliver, T. W. t Jwens, C. T. Prather, J. D. Roberts, W. T. '-.haw, Emmett ~hing-ler, J. S. Sherpard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah \Vorley, S. T. .Jr. Pre!'ident. Notice was given that at the proper time, a motion would be made to reconsider the action of the Senate in passing a resolution on yesterday, adjourning from July 1st to 5th. The journal of yesterday was read and approved. The following message was received from the 154 JouRNAL OF THE SENATE, House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has adopted the following resolution of the House, to-wit: A resolution providing for adjournment on Saturday, July 1st, 1911. The following resolution was read and adopted: By Mr. Copelan- Resolved, That the Secretary of State be instructed to furnish the Senate with lithia water during the present session. The following resolution of the House was read and concurred in : B~ .Mr. Hall of Bibb- A resolution. Resolved by the House, the Senate concurring, That when the General Assembly adjourn on Saturday, July 1, that it stand adjourned until Wednesday, Jul~- 5th. l\fr. Copelan moved to reconsider the following resolution, which was passed on yesterday: By Mr. Copelan- A resolution. Resolved by the Senate, the House eoncurring, That when the General Assembly ad- THURSDAY, JUNE 29, 1911. 155 journ Saturday, July 1st, it stand adjourned until Wednesday, July 5th, and that July 3rd and 4th be declared dies non. Privileges of the floor was extended Ron. J. Fraser Lyons, Attorney-General of the State of South Carolina, during his stay in the city. By unanimous consent, the following Senate bills were read :first tirrne : By Mr. Shaw- A bill to require railroad companies of Georgia to furnish separate ticket windows for the purpose of ~xchanging tickets for mileage tickets, and for other purposes. Referred to the Committee on Railroads. By l\fr. Shaw- A bill to provide a way to Confederate veterans t of Georgia who cannot make proofs as now required by law who are entitled to pensions and who, on account of being unable to locate parties who served and surrendered with them, and for other purposes. Referred to Committee on Pensions. The hour of 11 o'clock having arrived, the Senate repaired to the Hall of the House of Representatives for the purpose of opening, counting and 156 JouRNAL oF THE SENATE, declaring the result of the election of Governor and other State House officers in the last general election. The President of the Senate took the chair and called the General Assembly to order. The President appointed the following gentlemen as tellers: Senators Harris and Shaw, and Representatives Mcintire, Alexander and After performing said duty, the tellers submitted the following report: The following resolution was read and adopted: By Mr. Alexander- Resolved by the General Assembly of Georgia this day lawfully convened in joint s.ession, That upon a consideration of the votes cast at the general elec- tion held throughout the State in October, 1910, for GoYernor and State House officers, Hem. Hoke - Smith of Fulton County received a majority of all the Yotes cast for Governor. Ron. Philip Cook of Lee, received a majority of all the votes cast for Secretary of State. Ron. W:m. A. Wright received a majority of all the Yotes cast for Comptroller-General. Ron. Wm. J. Speer of Fulton, received a majority of all the votes cast for Treasurer. THURSDAY, JUNE 29, 1911. 157 Hon. Thos. S. Felder of Bibb, received a majority of all the votes cast for Attorney-General. And said named persons are now, therefore, de- clared elected to said respective offices for the terms now next ensuing, and the Secretary of the Senate and the Clerk of the House will enter their resolution on their respective journals as evidence of the facts stated herein. The following report of the tellers was read and agreed to, the President of the Senate declared the officers therein named duly elected. On motion, this joint session was dissolved, and the Senate repaired to the Senate Chamber and was called to order by the President. June 29, 1911. The following message was received from His Excellency, the Governor, through his Secretary, Mr. Blackburn: Mr. President : I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session. The following is the report of the committee selected to arrange for the inaugural ceremonies: 158 JouRNAL OF THE SENATE, Mr. President: Your committee appointed to make arrangements and fix program for the inauguration of the Governor-elect, beg leave to report as follows: 1. That the inaugural ceremonies shall take place in the hall of the House of Representatives at 12 o'clock, noon, July 1st, 1911. 2. That at 11 :45 o'clock the House and Senate assemble in joint sessiQn in the hall of the House of Representatives, the President of the Senate presiding. 3. That _the joint committee of the House and Senate will repair to the Governor's office where they will meet the Governor-elect, the retiring Governor, Justices of the Supreme Court and CQurt of Appeals, State House officers-elect and retiring State House officers, all of whom will be previously invited to be present at 11 :50 A. M. 4. That the order of procession from the Governor's office to the House of Representatives shall be as follQWS: (a). The inauguration committee of the Senate and House escorting the Governor and the Governorelect. (b). The family and party of the Governor-elect. THURSDAY, JUNE 29, 1911. 159 (c). Justices of the Supreme Court and the Judges of the Court of Appeals. (d). The State House officials. 5. That the order of proceeding by the joint session of the General Assembly shall be as follows : (a). Invocation by the Rev. J. H. Patton. (b). Presentation of the Governor-elect to the General Assembly by the President of the Senate. (c). Administration of the oath of office to the Governor-elect by the Chief Justice of the Supreme Court. (d.) Presentation of the Great Seal of the State by. the Secretary of State to the Governor, 'Who shall deliver the same to the Governor-elect, who in turn delivers it to the Secretary of State. (e). Inaugural address by the Governor. 6. That the procession shall be in the same order as the original procession and shall escort the Governor and members of his family to the Executive Office in the State Capitol. 7. Adjournment of the joint session of the General Assembly. 160 JouRNAL oF THE SENATE, Respectfully submitted, E. A. CoPELAN, Chairman. At 1 :30 the Senate went into executive session. On motion, the Senate adjourned. FRIDAY, JUNE 30, 1911. 161 SENATE CHAMBER, ATLANTA, GA., Friday, June 3'0, 1911. 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: Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Oopelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Moore, 0. A. Ennis, W. H. Morris, W. S. Felker, J. H. Oliver, T. W. Graham, L. C. Owens, C. T. Grovenstein, A. N. Prnther, .J. D. Hamilton, W. W. Roberts, W. T. Harris, W. J. Shaw. Emmett Hill, T. F. Shingler, J. S. Hullender, W. C. Sheppard, J. E. Kight, W. N. Spence, R. E. L. Kinreid, J. B. Whitehead, Walter King, W. W. William:::, Isaiah Mann, W. S. Worley, S. T. Marshall, C. B. :!\fr. President. Mayson, J. W. The Journal of yesterday was read and approved. The following Senate bills were read first time: By Mr. Dickerson- A bill to promote the public health, convenience and welfare of the public by draining ditching and levying wet swamps in this State, and for other purposes. 162 .JoURNAL oF THE SENATE, Referred to the Committee on Internal Improvements. By Mr. Grovenstein- A bill to amend an Act to regulate and control the inspection and sale of rosin and spirits turpentine in this State. Referred to Special .Judiciary Committee. By Mr. Felker- A bill to amend section 964 of the Penal Code prescribing the mode of changing the venue in criminal cases. Referred to the General .Judiciary Committee. By Mr. Kight- A bill to amen~ an Act to establish the City Court of Swainsboro. Referred to the Special .Judiciary Committee. By Mr. Felker- A bill to amend the Constitution of Georgia as embodied in section 5705 of the Code, article 1, section 1, paragraph 8. Referred to Committee on Constitutional Amendments. FRIDAY, JuNE 30, 1911. 163 By Mr. Felker- .A bill to create the office of Militia District Marshal, and for other purposes. Referred to General Judiciary Committee. By Mr. Felker- A bill to make it a misdemeanor for any person or persons to sell or swap or otherwise dispose of any personal property which may be held under conditional sale or purchase in writing and of record. Referred to General Judiciary Committee. By Mr. Felker- A bill to levy and collect a tax on dogs and to provide for the collection of said tax. Referred to Finance Committee. By Mr. Felker- A bill to amend section 3742 of the Code so as to make the wages of any farm laborer liable to garnishment on any suit or judgment for violations of his labor contract. Referred to General Judiciary Committee. . ) By Mr. Felker- 164 JouRNAL oF THE SENATE, A bill to make it unlawful for any person to inter- . fere in any manner whatever with any oontract of a farm laborer in writing and of record. Referred to General Judiciary Committee. By Mr. Kincaid- A bill to amend section 3653 of the Code. Referred to General Judiciary Committee. By Mr. CopelanA bill to amend section 999 of the Criminal Code. Referred to General Judiciary Committee. By Mr. Copelan- A bill to make it unlawful for any person to lobby or attempt to influence any Grand, Traverse or Tales Jurors, and for other purposes. Referred to General Judiciary Committee. By Mr. Harris- A bill to authorize and require County School Commissioners of the State of Georgia to issue interest bearing script to the public school teachers, and for other purposes. Referred to Committee on Education. ~RIDAY, JUNE 30, 1911. 1()5 By Mr. Harris- A bill to change the time for holding the meeting of the General Assembly from the 4th Wednesday in June to 1st Wednesday in January, and for other purposes. Referred to General Judiciary Committee. The following resolutions were read and laid over for one day: By Mr. Graham- A resolution to invite the qualified voters of Georgia to express their choice for United States Senator in primary election on July 28, 1911. By Mr. Shaw- A resolution inviting all the candidates for United States Senator to address the General Assembly on July lOth. The following invitation was unanimously accepted: June 30, 1911. HoN. A. 0. BLALOcK, President Pro Tern Georgia State Senate, Atlanta, Ga. DEAR SIR: I desire to invite the Senate, its officers 166 JouRNAL oF THE SENATE, and the members of the press reporting its deliberations, to a barbecue to be given in honor of the General Assembly at Cold Springs Cue Club on Wednesday, July 5th. Cars wi11 leave the Capitol at 1 o'clock P. M. Very respectfully, JOHN M. SLATON. On motion, the Senate adjourned. SATURDAY, JuLY 1, 1911. 167 SENATE CHAMBER, ATLANTA, GA., SaturdaY:7 July 1st, 1911. The Senate met pursuant to adjournment at 1 o'clock; was call.ed to order by the President. Prayer was offered by the Chaplain. Upon the call of the roll, the following members answered to their names : Aaron, 0. B. Adrums, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. CV"aham, L. C. GroYenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. X. Kincaid, J. B. King, W. W. Mann. W. S. Marshall, C. B. Mayson. J. W. Moore, 0. A. :Morris, W. S. Oli,er, T. W. Owens, C. T. Prather, J. D. RJoberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitche::td, Walter Williams, Isaiah Worley, S. T. 1Ir. President. The journal of yesterday was read and approved. The following resolution was read and adopted: Resolution by Crawford of 24th, Sheppard of 13th, Felker of 27th, Mr. Bush of the 8th- Be it Resolved, That the Hon. W. H. Dorris, Mayor of the City of Cordele, who is reforming the 168 JouRNAL oF THE SENATE, drunkards of that city by sentencing them t'O attend church with him for 10 Sundays, consecutively, shall have the privileges of the floor during his stay in the city. The following resolution was taken up for consideration: By Mr. Shaw- A resolution inviting the candidates for United States Senate to address the General Assembly. On the adoption of the resolution, the ayes and nays were ordered, and the vote is as follO'ws: Those voting in the affirmative were Messrs.- Crawford, W. D. Felker, J. H. Graham, L. C. Harris, W. J. Marshall, C. B. ~haw, Emmett ::5hepparrl, J. E. William;;, Isaiah \V(}rley, S. '.r. Those voting in the negative were Messrs.- Aaron, 0. B. Adan:ns, G. W. Beauchamp, J. C. Blalock, H. C. Bush, I. A. Oopelan, E. A. Cromartie, J. A. Culbreth, T. G. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. GroYenstein, A. N. H31Illilton, W. W. Hullender, W. C. Kight, W. N. Kinc.aid, J. B. Mann, W. S. Mayson, J. W. Moore, 0. A. Morris, W. S. OliYer, T. W. Owens, C. T. Pvather, J. D. Roberts, W. T. Shingler, J. S. Spence, R. E. L. Whitt>head, Walter Those not voting were Messrs.- Blalock, A. 0. Brown, J.P. Davis, J. S. Graham, L. C. Hill, T. F. King, W. W. Mr. Pre~ident. SATURDAY, JuLY 1, 1911. 169 The resolution was lost. The following resolution was taken up for consideration: By Mr. Graham- Resolved, That the voters of Georgia be allowed to express their choice for U. S. Senator from Georgia at an election to be held 28th day of July, 1911. Mr. Sheppard made the point of order that the above resolution was out of order in that it was in conflict with an Act of Congress. The point was sustained. The following joint resolution was offered: By Mr. Harris- Resolved, That a committee of 2 froon the Senate and three from the House be -appointed to procure an oil painting of the late A. S. Clay, U. S. Senator from Georgia, same to be placed in the State Capitol. This resolution was adopted. The following Senate bills wel:"e read first time: By Mr. Roberts- A bill to amend section 3137 of the Code relative to hours of labor in ootton mills. 170 JouRNAL OF THE SENATE, Referred to Committee on Immigration and Labor. By Mr. Felker- A bill to amend the primary election laws approved August 15, 1908, Acts 1908, page 55, and for other purposes. Referred to General Judiciary Committee. By Mr. Beauchamp- A bill to provide for consolidation of two or more schools in this State, and for other purposes. Referred to Committee on Education. By Mr. Blalock of 26th- A bill to arrnend section 414 of the Penal Code so as to permit the running of special ice trains on Sunday. Referred to Committee on Railroads. By Mr. Blalock- A bill to amend section 414 of the Penal Code so as to change the hour of arrival from 8 to 9 A. M. on Sundays for freight trains. Referred to Committee on Railroads. SATURDAY, JULY 1, 1911. 171 Senator Brown was granted leave of absence from today 's session. ~ The hour of 11 :45 o'clock having arrived, the Senate repaired to the hall of the House of Representatives for the purpose of inaugurating the Governor. The President of the Senate took the chair and called the General Assembly to order. The resolution convening the General Assembly in joint session was read by the Secretary. Prayer was offered by Rev. J. H. Patton. The President then introduced the Governor-elect Ron. Hoke Smith, who proceeded to deliver his inaugural address. 172 JOURNAL OF THE SENATE, INAUGURAL ADDRESS OF GOVERNOR HOKE SMITH. Mr. President and Gentlemen of the General Assembly: . I sympathize with the earnest desire which I know you feel to make your present session contribute all possible to the welfare and permanent progress of the people of our State. The last gubernatorial campaign involved, first of all, the preservation of legislation passed in 1907 and 1908. This legislation marked an epoch in our history. FRANCHISE AND ELECTION LAWS. Of the laws then passed, first in importance is {)Ur franchise amendment to the Constitution. This amendment will permanently protect the State against dangers almost indescribable. Its value is far-reaching, not alone at the ballot box, but in the solution of the race problem. At the same time laws were passed covering the registration of voters, regulating primaries and seeking to make our elections pure. I commend these laws to your support. With SATURDAY, JULY 1, 1911. 173 experience, no doubt, they can be improved by amendment; but no change should be made in them which will lessen their efficiency. Our elections must be kept upon the highest possible plane, free from every undue influence. In this connection, I suggest that the managers of our State-wide primaries should be paid as managers of our regular elections are paid. The 8tate-wide primary virtually settles who shall hold offices in Georgia. The regular election serves but small purpose except to confirm the result of the primary. The public and not the candidates should bear the expense. As an additional mode of improving our election laws, I suggest that no longer any occasion exists for our October elections. They can well be abandoned and at our November elections, when Congressmen are selected, we can select our State ticket. This would save bringing the people twice to the .polls for regular elections the same year, and almost certainly insure a larger vote in the regular electiens. RAILROAD CoMMISSION. Our new Railroad Commission law, adopted in 1907, bas made it possible for the Commission to render broader and more valuable service to the public. It placed under the supervision of the Commission express companies, street railroad companies, dock and wharf COmpanies, terminal and 174 JouRNAL oF THE SENATE, terminal station companies, telephone and telegraph companies, gas, electric light and power companies. Indeed, practically all public service companies in Georgia are now subject to the supervision of the Railroad Commission. Public service companies are, to a large extent, essentially monopolies. They exercise privileges under charters and special grants from the State in the interest, not alone of their stockholders, but of the entire public. These corporations, created by the State, owe duties to the public, and supervision by commis'Sions similar to that whieh we have created in Georgia is the only known means of compelling these companies to recognize the rights of the public. PowER CoMPANIES. Let me illustrate by power companies the importance of bringing these additional corporations under State 8upervision. It now seems probable that the water powers of Georgia will drift into the hands of a few corpor.ations. Their use is essen tial to the general prosperity and growth of the State. If the industries and the publie at large in Georgia are to receive their legitimate share of benefit from these developments, it must come th1ough the exercise ~y the State of its power to compel these companies to give reasonable service at, reasonable rates to the public. By placing them under the supervision of the Railroad Commission the public SATURDAY, JULY 1, 1911. 175 can be guarded against the arbitrary conduct of these quasi public corporations. The people of Georgia pay to the railroads and public service companies over sixty millions of dollars a year. This sum is constantly increasing. There is enough for the Commissioners to do if they devote their entire time to the service. I believe the true policy should be to increase the pay of the Railroad Commissioners and require their entire time. In its work the .Railroad Commission largely rep- resents the Legislature. I urge a policy which would seek not to hamper the Commission in the discharge of its duties, but to stimulate it wisely and justly to guard the rights of the public, while at the same time it recognizes also the rights of the corporations under its supervision. The corporations, when dissatisfi.ed with the action of the Commission go into the courts with their complaints. It would seem not improper that the Legislature should, as the occasion requires, express itself with reference to problems involving public policy connected with the work of the Commission. PORT FREIGHT RATES. I believe the freight rates to and from the ports of Georgia to all interior points in Georgia should be carefully revised by the Railroad Commission. The importance of this question grows out of the fact that practically all the railroads of the State which reach from the ports to interior points in' 176 JouRNAL OF THE SENATE, Georgia, have for years been controlled by those interested in railroads stretching North and West outside of the State. Take the case of the Central Railroad. For many years it was controlled by the Southern Railway company, which had long lines reaident. The journal of yesterday's proceedings was read and approved. Mr. Kincaid, Chairman of Engrossing, submitted the following report: Mr. President: The Committee on Engrossing has examined and 296 JouRNAL oF THE SENATE, found properly engrossed and- ready for transmission to the House, the following Senate resolution, to-wit: A resolution providing for a joint commission to investigate and report upon the matter of a new lease of the Western and Atlantic railroad. Respectfully submitted, J. R. KINCAID, Chairman. The following resolution was read: By Mr. Blalock of 26th District- A resolution fxing the hour of 12 o'clock, noon, today as the time to proceed with the election of a United States Senator. Upon the resolution Mr. Shaw called the previous question. The call was sustained and the main question ordered. The resolution was adopted. The following Senate bills were read the third time and put upon their passage: By Mr. Harris- A bill to amend section No. 588 of the Code of 1910, :providi'llg for fees of"County Treasurers. TUESDAY, JULY 11, 1911. 297 Report of the Committee was agreed to, as amended. Upon the passage of the bill the ayes were 31; nays, 2. The bill having received the requisite Constitutional majority, was passed, as amended. The amendments are as follows: Strike out the words "Provided, that in no case shall the compensation of the County 'l"Teasurer be less than the sum of $250.00 per annum. Amend by adding after the last line : ''Provided, also, that in no case shall the compensation of County Treasurers exceed the sum Of three thousand dollars per annum." By Mr. Harris- A bill to amend an Act approved December 20, 1893, prescribing the manner and amount of compensation of Inspectors of Oils. Upon motion, this bill was recoiDIDitted to the Finapce Committee. The following S.enate bills were read the first time: By Mr. Blalock of 26th District- , .. 298 JouRNAL oF THE SENATE, A bill to amend paragraph 1, section 1, article 7 of the Constitution so as to strike therefrom the first proviso. Referred to Committee on Constitutional Amendments. By Mr. Moore- A bill to amend section 1 of the Act approved July 11, 1910, to put in force the Constitutional amendment of paragraph 1, section1, article 7, of the Constitution, so as to strike certain words therefrom in the 7th and 8th lines. Referred to the Committee on Pensions. By Mr. Ennis- A bill to increase the salary of the stenographer to the State Bank Examiner. Referred to Committee on Banks. By Mr. Ennis- A bill to make valid and effective the record of any instrument affecting the title to real property, which has been recorded prior to August 1, 1911, in the office of the Clerk of the Superior Court. Referred to General Judiciary Committee. By Mr. Ennis- TuESDAY, JuLY 11, 1911. 299 A bill to give title by prescription as against the State, to any person who by himself, his ancestors or pre~ecessors in title, has been in continuous possession of land under cover of title for a period of twenty years. Referred to General Judiciary Committee. By Mr. Morris- A .bill to create and provide for a Department of Labor. Referred to Committee on Labor and Immigration. By Mr. Beauchamp- A bill to provide that the State School Commissioner shall be ex-officio Secretary and Executive Agent of the State Board of Education. Referred to Committee on Education. Upon motion of Mr. Felker, the Senate went into executive session at 11 o'clock. Mr. Morris, Chairman of the Collliilittee on Banks, submitted the following report: Mr. President: The Committee on Banks has had under consideration the following Senate bill, which I am in- 300 JouRNAL OF THE SENATE, structed to report back to the Senate with the recommendation that the same do pass, to-wit: A bill to amend section 1249 of volume 1 of the Code of 1910, so as to add Decatur, Ga., to the list of State Depositories. Respectfully submitted, W. S. MoRRis, Chairman. The hour of 12 o'clock, noon, having arrived, the President announced that the Senate would proceed to ballot for a United States Senator to fill the unexpired term of the late Hon. Alexander Stephens Clay. The following resolution was adopted, by unanimous consent: By Mr. Sheppard of 13th District- That in nominating candidates for any office, no laudatory remarks shall be allowed nor shall any other candidate be disparaged. Nominations for United States Senator were de.clared in order. Mr. Roberts nominated Hon. Joseph M. Terrell of Meriwether. Mr. Shaw nominated Hon. W. A. Covington of Polql.litt. TUESDAY, JULY 11, 1911. 301 Mr. Morris nominated Hon. P. A. Stovall of Chatham. Mr. Sheppard nominated Hon. Hoke Smith of Fulton. The nominations were all seconded. Upon the call of the roll, the vote was as follows: Those voting for Hon. Hoke Smith were Messrs.- Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, A. 0. Davis, J. S. Duggan, C. I. Felker, J. H. Hill, T. F. Hullender, W. C. Kight, W. N. Kineaid, J. B. King, W. W. Marshall, C. B. Mayson, J. W. Oliver, T. W. Owens, C. T. Prather, J. D. Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Those voting for Hon. Joseph M. Terrell were Messrs.- Blalock, H. C. Crawford, W. D. Cbpelan, E. A. Cromartie, J. A. Culbreth, T. G. Dickerson, W. T. Edwards, C. H. Ennis, W. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Mann, W. S. Moore, 0. A. Roberts, W. T. Worley, S. T. Mr. President. Those voting for Hon. W. A., Covington were Messrs.- Bush, I. A. Douglass, J. B. Shaw, Emmett Williams, Isaiah Those voting for Bon. P. A. Stovall were Messrs.- Brown, J.P. Morris, w. s. 302 JouRNAL oF THE SENATE, Upon consolidating the vote, it was found that Hon. Hoke Smith received 21 votes; Hon. J os. M. Terrell, 17 votes ; H9n. W. A. Covington, 4 votes ; Hon. P. A. Stovall, 2 votes. Upon motion, the Senate adjourned until 10:00 o'clock tomorrow morning. TUESDAY, JULY 11, 1911. 303 SENATE CHAMBER, ATLANTA, GA., Wednesday, July 12, 1911. 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 : Aaron, 0. B. Ad'811118, G. W. Beauchamp, J. C. Blalock, H. C. Blalook, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Oopelan, E. A. C:roma.rtie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, c. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, W. W. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Moni.s, W. S. Oliver, T. W. Owens, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Willia.ms, Isaiah Worley, S. T. Mr. President. The journal of yesterday was read and approved. The following message was received from' the Honse through Mr. Boifenillet, the Clerk thereof: Mr. President: The Honse has adopted the following resolution of the House, to-wit: 304 JouRNAL OF THE SENATE, A resolution providing for joint session of General Assembly to elect U. S. Senator to fill now existing vacancy. Mr. Kincaid, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: The Committee on Engrossing has examined and found .properly engrossed and ready for transmission to the House, the following Senate bill, tO'wit: A bill to amend section 588 of the Code of 1910, providing for the fees of County Treasurers. Respectfully submitted, J. R. KiNcAID, Chairman. The following Senate bills were read first time: By Mr. Kincaid- A bill to fix the venue of suits for damages against persons or corporations making or producing gases and fumes injurious to vegetation. Referred to General Judiciary Committee. By Mr. Moore- A bill to amend section 1471 of volume 2 of the .~. WEDNESDAY, JULY 12, 1911. 305 Referred to Committee on Pensions. By Mr. Edwards- A bll to amend Code section 965 of the Code of 1910. Referred to General Judiciary Committee. By Mr. King- A bill to prohibit the measurement of any lumber or timber which may be cut and sold in this State as prescribed in section 1843 of the Code. Referred to General Judiciary Committee. By Mr. King- A bill to repeal the Act approved August 13th, 1909, which repeals all laws of force in this State authorizing the issue of grants to land under headrights, and for other purposes. Referred to General Judiciary Committee. By Mr. King- A bill to prohibit the printing or publication of the name or identity of any female alledged to have been raped. Referred to General Judiciary Committee. 306 JouRNAL oF THE SENATE, By Mr. King- A bill to amend section 5885 of the Civil Code of 1910. Referred to General Judiciary Committee. The following joint resolution of the House was read and concurred in : By Mr. Alexander- Resolved, That the General Assembly meet in joint session at 11 :38 standard time today to elect U. S. Senator from Georgia. The following resolution was read and adopted: By Mr. Whitehead- A resolution. Resolved, That the committee that visits the State University shall also visit the Agricultural Colleges of the State and report on them at the same time that they report on the University of Georgia. The following Senate bill was read second time: By Mr. Mayson- A bill to amend section 1249 of the Code so as to add the town of Decatur to the list of State Depositories. WEDNESDAY, JuLY 12, 1911. 307 The hour of 12 o'clock having arrived, the Senate repaired to the Hall of the House of Representatives for the purpose of electing a United States Senator to fill the vacancy caused by the death of Hon. A. S. Clay. The President took the Chair and called the General Assembly to order, and the resolution convening the General Assembly in joint session was read by the Secretary. The President then declared that the business before the General Assembly was the election of a United States Senator for the unexpired term of Hon. A. S .Clay, deceased, and that nominations were now in order. Whereupon, Mr. Westmoreland placed in nomination Hon. Hoke Smith of Fulton; Senator Graham of 7th District, placed in nomination Hon. J. M. Terrell of County of Meriwether; Mr. Elder of Oconee nominated Hon. T. E. Watson of McDuffie County. The roll call was ordered, and upon the call of the roll of the Senate, the vote was as follows: For Hon. Hoke Smith Messrs.- Adaans, G. W. Beall'Champ, J. C. Blalock, A. 0. Bush, I. A. Oopeland, E. A. Davis, J. S. Douglass, J. B. Duggan, C. I. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, W. W. Marshall, C. B. Mayson, J. W. Oliver, T. W. Owens, C. T. Prather, J. D. Shingler, J. S. Sheppard, J. E. ~pence, R. E. L. Whitehead, Walter Wilhams, Isaiah For Hon. Joseph M. Terrell Messrs.- Blalock, H. C. Brown, J.P. Crawford, W. D. Cromartie, J. A. Culbreth, T. G. Dickerson, W. T. 308 JouRNAL oF THE SENATE, Edwards, C. H. Ennis, W. H. Graham, L. C. Groyenstein, A. N. Hamilton, W. W. Harris, W. J. Mann, W. S. Moore, 0. A. Monis, W. S. Roberts, W. T. Worley, S. T. Mr. President For Hon. W. A. Covington Messrs.- Shaw, Emmett Those absent were Messrs.- Aaron, 0. B. Felker.T. H. Upon calling the roll of the House, the vote was as follows: !~,or Hoke Smith Messrs.- Adams, Adkins, Anderson of Gordon, Alexander, Allen, Almand, Baker, Beck, Bell, Booker, Brannon, Brinson, Brow-n of Forsyth, Bryan, Burnett, Burney, Burwell, Bush, Butts, Cabaniss, Calhoun, Cannon, Chandler, Chaney, Christopher, Collins of Union, Converse, Cook, Cordell, Darsey, Deese, DeFoor of Clayton, DeFore of Bibb, Dickey, DuBose of Clarke, DuBose of W'Jlkea, Ellis, Farrar, Ferguson, Foster of Newton, Frederick, Frohock, Gardner, Garlington, Gastley, Gower, Hardeman, Harper, Harrell of Miller, Harrell of Stewart, Harris, Harvey, Hayes, Henderson, Hines, Hixon, Hollis, Hopkins, Jackson of Monroe, Jackson of White, James, Johnson, Kendrick, Kent, Kimbrough, Kirby, Lane, Lawrenee, Lee, Longino, Lord of Washington, Lovejoy, MacFarland, Macintyre of Th'1, McCarthy~ WEDNESDAY, JuLY 12, 1911. 309 McConnell, McCurry, McElreath, McEntire of Murray, McKee, Massengale, Melton, Merritt, Middleton, Montgomery of W., Nix, Nisbet, Patten, Parker of Marion, Paulk of Ben Hill, Paulk of Irwin, Payton, Pierce, Pope, Ragland, Reaves, Redwine, Reese, Royal, Simpson, Slade, Smith of Dooly, Spenee, Spier, Stephens, Striekland, Stovall; Stubbs, Summerlin, Taylor of Laurens, Taylor of Ware, Tarver, Thurman, Thompson, Tippins of Appling, Tippins of Tattnall, Tolbert, Turner, Upshaw, Waters, Watts, W estmorelaild, White of Laurens, VVlllte of Screven, Williams of Bulloeh, Williams, Meriwthr, Wilson, Wood of Twiggs, Wood of Walton, Wo1'9ham, York, Youmans For Hon. Joseph M. Terrel Messrs.- Anderson of Chat'm, Anderson of Floyd, Ashley, Ault, Blackshear, Blasingame, Bower, Buchannon, Foster of Floyd, Fullbright, Greene, Hall of Echols, Hires, Hobbs, Holtzclaw Jurts jurisdiction. Referred to Committee on Constitutional Amendments. By Mr. Felker- A bill to require any person or corporation operating a public gin in this State to have a sworn weigher and for other purposes. Referred to the Committee on Agriculture. By Mr. Graham- A bill to amend the charter of the City of Cairo, Ga. Referred to Committee on Corporations. By Mr. Felker- A bill to fix the amount of tare on cotton bales in his State and for other purposes. Referred to Comm, ittee on Agriculture. The following Senate bills were read second time: By Mr. Roberts- TuEsDAY, JULY 18, 1911. 351 A bill to require and prescribe certain matters of review procedure and practice in the courts of this State. By Mr. Harris- A bill to provide for the registration of all persons, corporations or associations who employ counsel to represent said corporation before the General Assembly. The following House resolutions were read second time: By Mr. Ault- A resolution to incorporate State Department of Agriculture. By Mr. Kimbrough- A resolution relative to tare on bales of {)Otton. The following House bills were read first time : By Mr. LeSeur- 4- bill to amend section 696 of the Code of 1910. Referred to Committee on Agriculture. By Messrs. Brown, McElreath and Westmoreland- 352 JouRNAL OF THE SENATE, A bill to amend section 4996 of the Code of Geor gia of 1910. Referred to the General Judiciary Committee. By Mr. Thurman- A bill to amend the Act approved August 10, 1905, incorporating the Chickamauga School District. Referred to the Committee on Education. By Mr. Dorsey- A bill to provide for the consolidation of the various school districts of Spaulding County. Referred to the Committee on Education. By Mr. Hiers- A bill to authorize the County Commissioners of . Colquitt Count.y to is'sue and sell bonds. Referred to Committee on Counties and County Matters. By Messrs. Murphy and. Williams- A bill to amend the charter of the town of Brooklet. Referred to the Committee on Corporations. TUESDAY, JULY 18, 1911. 353 By Mr. Parker- A bill to amend the Board of Commission laws as regards Liability Companies. Referred to the Special Judiciary ~mmittee. The following Senate bills were read third time and put upon their passage: By Mr. Harris- A bill to amend an Act approved December 20, l 893, prescribing the manner and amount of compensation of Inspectors of Oils in this State. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 26; nays, 4. The bill having received the requisite Constitutional majority was passed by su'bstitute. By Mr. Davis- A bill to amend section 1482 of the Code which provides for Clerk of the Pension Commissioner. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25; nays, 0. 354 JouRNAL oF THE SENATE, The bill having received the requsite Constitutional majority, was passed. Senator King was granted leave of absence. On motion the Senate adjourned until tomorrow morning at 10 o'clock. WEDNESDAY, JULY J9, 1911. 355 SENATE CHAMBER, ATLANTA, GA. Wednesday, July 19, 1911. 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 : Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Oopelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. Mann, W. S. l\Iarshall, C. B. Mayson, J. W. Moore, 0. A. Oliver, T. W. Owe'ns, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Mr. Presidmt Those absent were Messrs.- King, w. w. Mrate town of Cand- ler. A bill to amend Acts establishing a new charter f{)r Washington, Ga. A bill to pr{)hibit the killing of certain game birds in Coweta County. A bill to amend Act to establish City Court of Bainbridge. WEDNESDAY, JULY 19, 1911. 361 A bill to amend charter of East Point. A bill to amend section 982, Code 1895, so as to add Alpharetta to list of State Depositories. A bill to amend section 4193, Civil Code 1895, relative to cases of tort. A bill to provide for the adding of Shellman to the list of State Depositories. A bill to amend charter of th~ City of Monroe. A bill to amend Act _creating Board of Commissioners of Roads and Revenues for Hall County. 'llhe following Senate bills were read first time: By Messrs. Culbreth, Dickerson and Cromartie- A bill to authorize railroad companies to grant passes to sheriffs and deputy sheriffs in this State. Referred to General Judiciary Committee. By Mr. Cromartie- A bill to repeal an Act entitled an Act to establish the City Court of Hazlehurst in Jeff Davis County. Referred to Special Judiciary Committee. By Mr. Kight- 362 JouRNAL OF THE SENATE, A bill to amend the Act regulating the running of automobiles in this State. Referred to Special Judiciary Committee. By Mr. Dickerson- A bill to authorize the City of Douglas to issue additional bonds. Referr~ to Coo:nmittee on Corporations. By unanimous oonsent, the following bills of the House were read second time, and recommitted to Committee on Corporations. By Mr. Jones- A bill to amend an Act incorporating the City of Greenville.. By Messrs. Jones and Williams- A bill to amend the oharter of the City of Manchester. July 19, 1911. The following message was received from His Excellency, the Governor,. through his Secretary, Mr. Hitch, to-wit: Mr. President: WEDNESDAY, JULY 19, 1911. 363 I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication, to whicoh 'he respectfully invites the consideration of your honorable body in Executive session. Mr. Whitehead, Chairman of the Committee on University of Georgia, submits the following report: M'r. President: The Committee have had under consideration the following bill of the Senate, which I am instructed to report back to the Senate witlh recommendation that same do pass. A bill to be entitled an Act to make valid and binding any contract, promissory note, or other writt,en evidence of indebtedness, made and executed by a minor for educational purposes, of any educational trust fund from University of Georgia, or any other educational institution of this State, and for other purposes. Respectfully submitted, W. E. WHITEHEAD, Ohairman. The following House bills were read first time: By Messrs. Kirby and Brannon- A bill to prohibit the killing of doves and partridges in Coweta County. Referred to Committee on Agriculture. 364 JouRNAL OF THE SENATE, By Mr. Watts- A bill to provide for adding Shellman to the list of State Depositories. Referred to Committee on Banks and Banking. By Messrs. Booker and DuBose- A bill to amend an Act establishing a new charter of Washington. Referred to Committee on Corporations. By Mr. Ada~s-- A"bill to amend an Act incorporating the town of Candler. Referred to Committee on Corporations. By Mr. YeomansA bill to change se@tion 2011 of the Code of 1910. Referred to General Judiciary Committee. By Messrs. Bower and Lane- A bill to amend the Act establishing the City Court of Bainbridge. Referred to Special Judiciary Committee. WEDNESDAY, JULY 19, 1911. 365 By Messrs. Brown and McElreath.,- A bill to amend the Act to provide for a new charter for the town of East Point. Referred to Committee on Corporations. By Mr. Adams- A bill to amend an Act to create a Board of Commissioners of Roa:ds and Revenues of Hall County. Referred to Committee on Counties and County Matters. By Messrs. Blasengame and Wood- A bill to amend the charter of the City of Monroe. Referred to Committee on Corporations. By Mr. Stubbs- A bill to be entitled an Act to amend section 4193 of the Civil Code. Referred to General Judiciary Committee. By Mr. Bell- A bill to amend section 982 of the Code of 1895, so as to add Alpharetta to the list of State Depositories. Referred to Committee on Banks and Banking. 3.66 JouRNAL oF THE SENATE, At 10:45 o'clock the Senate went into executive session. The following message was received from the Governor, and same was read: July 18, 1911. To the General Assembly: I have procured from the Director of the Census at Washington certified copies of the Thirteenth Census of the United States, showing the distribution of the population of the State of Georgia according to counties, and I am transmitting the same to you herewith for your information. HOKE SMITH, Governor. DEPARTMENT OF COMMERCE AND LABOR BUREAU OF THE CENSUS WASHINGTON July 6, 1911. I hereby certify, That according to the official count of the returns of the Thirteenth Census of the United States, on file in the Bureau of the Census, the population of the ~tate of Georgia is two million, six hundred nine thousand, one hundred, twenty-one, '(2,609,121). The distribution of the population of the State of WED::tmsDAY, JULY 19, 1911. 367 Georgia according to counties is shown on the attached sheets, which are hereby made a part of this certificate. ROLAND p. FALKNER, Acting Director of the Census. DEPARTMENT OF COMMERCE AND LABOR OFFIOE OF THE SECRETARY I hereby certify, That Roland P. Falkner, who signed the foregoing certificate, is now, and was at the time of signing, Acting Director of the Census~ and that full faith and credit should be given hiS' certification as such. In witness whereof, I have hereunto subscribed my name, and caused the seal of the Department of Commerce and Labor to be affixed, this 6th day of July, one thousand nine hundred and eleven. BEN J. CABLE, Acting Secretary of Commerce and Labor. County GEORGIA. Population 1910 1900 1890 The State ...... 2,609,121 2,216,331 1 ,837,353 Appling ............. . Baker............... . Baldwin............. . Banks .............. . Bartow.............. . 12,318 7 ,973 18,354 11,244 25,388 12,336 6,704 17,768 10,545 20,823 8,676 6,144 14,608 8,562 20,616 368 JouRNAL OF THE SENATE, County Ben Hill............. Berrien . . . . . . . . . . . . . . Bibb ................. Brooks . . . . . . . . . . . . . . . Bryan ............... Bulloch .............. Burke ................ Butts ................ Calhoun .............. Camden .............. Campbell . . . . . . . . . . . . . Carroll . . . . . . . . . . . . . . . Catoosa . . . . . . . . . . . . . . Charlton ............. Chatham ............. Population 1910 1900 11,863 22,772 56,646 23,832 6,702 0 0 19,440 50,473 18,606 6,122 26,464 27 ,268 13,624 11,334 7 ,690 21,377 30,165 12,805 9,274 7 ,669 10,874 30,855 7 ,184 4,722 79,690 9,518 26,576 5,823 3,592 71,239 Chattahoochee ........ Chattooga ............ Cherokee . . . . . . . . . . . . . Clarke . . . . . . . . . . . . . . . Clay.............. : .. Clayton .............. Clinch ............... Cobb ................ Coffee ............... Colquitt .............. Columbia . . . . . . . . . . . . Coweta . . . . . . . . . . . . . . Craw1ord ............. Crisp . . . . . . . . . . . . . . . . Dade ................ Dawson . . . . . . . . . . . . . . Decatur .............. DeKalb .............. Dodge . . . . . . . . . . . . . . . Dooly . . . . . . . . . . . . . . . . 5,586 13,608 16,661 23,273 8,960 10,453 8,424 28,397 21,953 19,789 12,328 28,800 8,310 16,423 4,139 4,686 29,045 Z7,881 20,1Z'l 20,554 5,790 12,952 15,243 17,708 8,568 9,598 8,732 24,664 16,169 13,636 10,653 24,980 10,368 0 4,578 5,442 29,454 21,112 13,975 26,567 1890 0 10,694 42,370 13,979 5,520 13,712 28,501 10,565 8,438 6,178 9,115 22,301 5,431 3,335 57,740 4,902 11,202 15,412 15,186 7 ,817 8,295 6,652 22,286 10,483 4,794 11,281 22,354 9,315 0 5,707 5,612 19,949 17 ,189 11,452 18,146 WEDNESDAY, JULY 19, 1911. 369 County Dougherty ........... Douglas . . . . . . . . . . . . . . Early ................ Echols ............... Eatingharn ............ Elbert ............... Emanuel ............. Fannin ............... Fayette .............. Floyd ................ Forsyth .............. Franklin . . ...... ~ .... Fulton ............... Gilmer ............... Glascock ............. Glynn ............... Gordon . . . . . . . . . . . . . . Grady ............... Greene ............... Gwinnett ............. Habersham ........... Hall. ................ Hancock ............. Haralson . . . . . . . . . . . . . Harris . . . . . . . . . . . . . . . Hart ................. Heard ............... Henry ............... Houston ............. Irwin ................ Jackson . . . . . . . . . . . . . . Jasper ............... Jeff Davis ............ Jefferson ............. Jenkins . . . . . . . . . . . . . . Population. 1910 1900 1890 16,035 8,953 18,122 3,309 9,971 13,679 8,745 14,828 3,209 8,334 12,206 7 ,794 9,792 3,079 5,599 24,125 25,140 12,574 10,966 36,736 19,729 21,279 11 ,214 10,114 33,113 15,376 14,703 8,724 8,728 28,391 11,940 17 ,894 177,733 9,237 4,669 11 ,550 17 ,700 117,363 10,198 4,516 11 ,155 14,670 84,655 9,074 3,720 15,720 15,861 18,457 18,512 28,824 14,317 14,119 0 16,542 25,585 13,420 12,758 0 17 ,051 19,899 10,134 25,730 19,189 13,514 17 ,886 16,216 11 ,189 19,927 23,609 10,461 30,169 16,552 6,050 21,379 11,520 13,604 20,752 18,277 11,922 18,009 14,492 11,177 18,602 22,641 13,645 24,039 15,033 0 0 18,212 0. 0. 0 0 11,573 18,047 17 ,149 11,316 16,797 10,887 9,557 16,220 21,613 6,316 19,176 13,879 0 0. 0 0 0 17 ,213 0 370 JOURNAL OF THE SENATE, County Johnson . . . . . . . . . . . . . . Jones ................ Laurens* ............. Lee .................. Liberty .............. 1910 12,897 13,103 35,501 11,679 12,924 Population. 1900 11,409 l3,358 25,908 10,344 13,093 Lincoln .............. Lo~des . . . . . . . . . . . . . I Lurnnpkin ............. ~ci>uflae ............. Mcintosh ............ 8,714 24,436 5,444 10,325 6,442 7 ,156 20,036 7 ,433 9,804 6,537 Macon ............... Madison . . . . . . . . . . . . . ~arion .............. Meriwether . . . . . . . . . . . ~iller ............... Milton ............... ~itchell .............. Monroe .............. Montgonne~ .......... Morgan .............. 15,016 16,851 9,147 25,180 7,986 7 ,239 22,114 20,450 19,638 19,717 14,093 13,224 10,080 23,339 6,319 6,763 14,767 20,682 16,359 15,813 ~urray . . . . . . . . . . . . . . ~uscogee . . . . . . . . . . . . Newton .............. Oconee ............... Oglethorpe . . . . . . . . . . . . 9,763 36,227 18,449 11,104 18,680 Paulding ............. Pickens .............. Pierce . . . . . . . . . . . . . . . . Pike ................. Polk ................. 14,124 9,041 10,749 19,495 20,203 Pulaski .............. Putnann .............. Quitnnan ............. Rabun ............... Randolph ............ 22,835 13,876 4,594 5,562 18,841 *Previously announced. 8,623 29,836 16,734 8,602 17,881 12,969 8,641 8,100 18,761 17,856 18,489 13,436 4,701 6,285 16,847 1890 6,129 12,709 13,747 9,074 12,887 6,146 15,102 6,867 8,789 6,470 13,183 11,024 7 ,728 20,740 4,275 6,208 10,906 19,137 9,248 16,041 8,461 27,761 14,310 7,713 16,951 11,948 8,182 6,379 16,300 14,945 16,559 14,842 4,471 5,606 15,267 WEDNESDAY, JULY 19, 1911. 371 County Richmond ............ Rockdale ............. Schley ............... Screven . . . . . . . . . . . . . . Spalding ............. Stephens ............. Stewart .............. Sumter ............... Talbot ............... Taliaferro . . .......... Tattnall .............. Taylor ............... Telfair . . . . . . . . . . . . . . . Terrell ............... Thomas .............. Tift ................. Toombs .............. Towns ............... Troup ............... Turner ............... Twiggs ............... Union ................ Upson ............... Walker ............... Walton ............... Ware ................ Warren .............. Washington . . . . . . . . . . Wayne ............... Webster .............. White ................ Whitfield ............. Wilcox ............... Wilkes ............... Wilkinson ............ Worth ............... Population 1910 1900 58,886 8,916 5,213 20,202 19,741 53,735 7 ,515 5,499 19,252 17,619 9,728 13,437 29,092 11 ,696 8,766 ....... 15,856 26,212 12,197 7 ,912 18,569 10,839 13,288 22,003 29,071 20,419 9,846 10,083 19,023 31,076 11,487 11,206 3,932 26,228 10,075 .10,736 6,918 12,757 18,692 25,393 ....... 0 ......... 4,748 24,002 ....... 0 8,716 8,481 13,670 15,661 20,942 22,957 11,860 28,174 13,069 6,151 13,761 11,463 28,227 9,449 6,618 5,110 15,934 13,486 23,441 10,078 5,912 14,509 11,097 20,866 11,440 19,147 18,664 1890 . 45,194 6,813 5,443 14,424 13,117 . ....... 15,682 22,107 13,258 7,291 10,253 8,666 5,477 14,503 26,154 .......... 0 ..... 4,064 20,723 ....... - 8,195 7 ,749 12,188 13,282 17,467 8,811 10,957 25,237 7 ,485 5,695 6,151 12,916 7 ,980 18,081 10,781 10,048 On motion, the Senate adjourned until tomorrow morning at 10 o'clock. 372 J OUB.NAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., Thursday, July 20, 1911. The Senate met pursuant to adjournment at 10 o'clock; was called to order by the President. Prayer was offered by the Ohaplain. Upon the call of the roll, the following members answered to their names: Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Oopelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S Dickerson, W. T. Dong-lass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. .}. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Oliver, T. W. Owens, C. T. 1-raiher, J. D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Mr. President Those absent were Messrs.- King, w. w. Morris, W. S. The journal of yesterday was read and approved. July 19, 1911. The followjng message was received from His Excellency, the Governor, through his Secretary, Mr. Hitch, to-wit: THURSDAY, JULY 20, 1911. 373 Mr. President: I am directed by His Excellency, the Governor, to deliver to the Senate a communication in writing. MESSAGE. STAT~ OF GEORGIA, ExECUTIVE DEPARTMENT, ATLANTA. July 19, 1911. To. the Genera}, Assembly : I have the honor to submit the following facts and suggestions with reference to the financial matters connected with the business of the State: The appropriation for the present year for public buildings and grounds was $25,000.00. My predecessor who filled the office of Governor for the first six months of the year had drawn warrants against this sum for $16,413.42. He also left un- paid bills for several hundred dollars in addition, so that of the $25,000.00 appropriated for the year, about $17,000.00 has been spent during the first six months, leaving only $8,000.00 for the balance of the year. 374 JouRNAL oF THE SENATE, It requires slightly over $2,000.00 a month to pay the expenses chargeable to the public buildings and grounds account. The Contingent Fund for the present year was $15,000.00. Against this fund checks have been dr~wn for $11,233.05. There was a balance on hand frOIJl 1910 of $202.83. The present balance, thelefore, is only $4,219.78. I regard $15,000.00 as an amoun~ reasonably necessary for the Contingent Fund for twelve months. One-half of this amount is required for each six months. I am, therefore, compelled to ask that a special appropriation be made carrying the public buildings and grounds account up to $12,500.00 for the last six months of the year and the Contingent Fund up to $7,500.00 for the same period. At my request Mr. J. 0. Anderson, the Chief Clerk of the Treasury Department, has prepared a statement of the total revenue for 1910 and of the total appropriations for that year. The total revenue according to this statement was -------------------- $5,204,836.12 The total appropriations for the year 1910 were ------------------------ 5,122,869.67 THURSDAY, JuLY 20, 1911. 375 Making ~he revenue for the year 1910 exceed the appropriations for 1910__ $ 81,966.45 He also furnished a statement showing revenue~ and appropriations for the year 1911. The appropriations for 1911 were_____$5,800,952.04 An increase for 1911 over 1910 of_____ 678,082.37 The two large items of increase are: For pensions ---------------------$200,000.00 For common schools -------------- 250,000.00 Mr. Anderson further estimates that we cannot expect an increased revenue this year over 1910 of more than $287,000.00. If his figures are correct, and, so far as I am able. to determine, they are, it indicates that the appropriations for this year will exceed the revenue .. $227,149.00. As I have frequently explained through the public press, our ad valorem taxes do not fall due until December 20th. On December 31st, 1909, the surplus in the Treasury exceeded $2,000,000.00. By this I mean that showed a surplus over unpaid appropriations in the uncollected taxes for 1909, and charging it with giving the Treasury credit for the cash on hand and unpaid appropriations for 1909, the Treasury 376 JoURNAL OF THE SENATE, cash on hand and good accounts due for taxes of over $2,000,000.00 at that time. Estimating that the revenue for last year exceeded the appropriations in round figures $81,900.00, and that the appropriations for this year will exceed the revenue $227,149.00, on December 31st, next, the Treasury surplus would be approximately $1,850,000.00 instead of over $2,000,000.00, which was the surplus December 31, 1909. Our current revenue outside of ad valorem taxes just about equals our current expenses. Pensions and appropriations to public schools are being met according to our present practice from ad valorem ~axes. With only a surplus of $1,850,000.00 the first of January, after the pensions a1e paid in the early spring, this surplus will be reduced to $650,000.00, which will be all that will be available for paying public school teachers until the fall of next year. I urge that appropriations be held down in future to the yearly revenue of the State, and, in the meantime, that every effort be made to increase the revenue of the State so that the excess of appropria... tions for the present fiscal year may be met uy au increase of revenue. As one means of helping to accomplish this result, I suggest a license tax per horsepower on autOmobiles somewhat commensurate with the burdens THuRSDAY, .JuLY 20, 1911. 377 which automobiles place upon the public roads of the State. I desire to suggest further that our two big appropriation~ for pensions and for public schools be not increased during the next two years. They now consume three-fourths of the entire revenue of the State. No one believes in public schools more than I do, but we ought not to make appropriations for them and allow the counties to employ teachers based upon these appropriations unless we provide the revenue to meet the appropriations and to meet them promptly. I renew my recommendations with reference. to advancing the time for the payment of taxes by the corporations which make their returns to the Comptroller-General, and also for an increase of the borrowing power of the Governor. Of course, this borrowing power should be limtied to a temporary short time loan. The difficulty about determining just how appropriations for a particular year and revenue for a particular year in the past compared, is due to the fact that our Treasury Department statements are made up annually on December 31, showing receipts nnd disbursements during the preceding fiscal year. Our appropriations, although made for a partie- 378 JOURNAL OF THE SENATE, ular year, are to a considerable extent paid during the six months following, and our revenues though fixed for a particular year are also collected in' considerable part during the six months following. TJ;te Treasurer has agreed in future to have kept an account in which will be entered a record of the payment of all appropriations made for a particular year, whether paid during that year or paid subsequently, and also a record of all revenues fixed for a particular year, whether collected during that year or collected subsequently. This will make it practicable to see at a glance how the appropriations for a particular year compared to revenues for the same year. Such an account can be practically complete by the first of July for the preceding year and it will make it possible to see almost at a glance exactly how appropriations for a given year compared with the revenues for that year. I have suggested to the Treasurer that he keep this account, because from experience I know how helpful it will be, both in preparing a revenue scheme and in fixing the amount of appropriations. HoKE SMITH, Governor. Mr. Mann, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President: The Committee on Special Judiciary has had un- THURSDAY, JULY 20, 1911. 379 der consideration the following Senate bills, W'hich 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 establish the City Court 9f Swainsboro. A bill to repeal an Act to establish the City Court of Hazlehurst. The Committee has had under consideration the following Senate bil1, which they instruct me to report back to the Senate with the recommendation that the author be allowed to withdraw Vhe same, to-wit: A bill to amend an Act to regulate and control the inspection and sale of naval stores. :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 repeal an Act to. establish a City Court of Millen. A bill to amend an Act to establish the City Court of Bainbridge, in and for the County of Decatur. Respectfully submitted, W. S. MANN, Chairman. 380 JOURNAL OF THE SENATE, Mr. Mayson, Vice-Chairman of the .Committee on Banks, submitted the following report: Mr. President: The Committee on Banks has had under consider&-: tion the following House bills whiclh I -am instructed to report back to the Senate with the recommenda- tion that the same do pass, to-wit: A bill to provide for adding Shellman, Rand'Olph County, to the list of State Depositories. Also, A bill to amend section 982 of the Code of 1895, so as to add Alpharetta to the list of State Depositories. Respectfully submitted, J. W. MAYSON, Vice-Chairman. Mr. Davis, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: The Committee on Counties and County Matters has had under consideration the following bills of the House, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A bill to amend an Act creating the office of Com- THURSDAY, JuLY 20, 1911. 381 missioners of Roads and Revenues for the County of Oglethorpe. A bill to amend an Ac.t providing for election of Commissioners of Roads and Revenues for Quitman County. A bill to repeal an Act to establish a Board of County Commissioners for Jenkins County. A bill to change the date of collecting the commutation road tax of Warren County. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Hall County. A bill to authorize the Board of County Commissioners of Colquitt County to issue and sell bonds.. A bill to establish a Board of Commissioners of Roads and Revenues for Jenkins County. Respectfully submitted, J. S. DAVIS, Ohairman. A bill to prescribe the :meth8d of electing the Clerk and Treasurer of the town of Boston. Also, A bill to amend the charter of the town of Sycamore. Also, 382 JouRNAL oF THE SENATE, A bill to amend the charter of the town of Candler. Also, A bill to amend the charter of the town of Brooklet. Also, A bill to amend the charter of the City of Monroe. Also, A bill to amend the charter of Washington, Ga. Also, A bill to amend the charter of the town of East Point. Respectfully submitted, W. S. DICKERSON, Ohairman. Mr. Dickerson, .Ohairman of the Committee on Corporations, submitted the following report: Mr. President: The Committee on Corporations h~t.s had under consideration the following Senate bills, which I am instructed to report ba'Ck to the Senate with the recommendation that the same do pass, to-wit: THURSDAY, JuLY 20, -1911. 383 A bill to incorporate the town of Denton, in the County of J e:ff Davis. Also, A bill to incorporate the town of Morris, in the County of Quitman. Also, A bill to amend the charter of the City of Cairo. A bill to authorize the City of Douglas to issue additional bonds. 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 City of Greenville. Also, A bill to amend the charter of theCity of Man- chester. Mr. Beauchamp, Chairman of the Committee on Education, submitted the following report: Mr. President: - The Committee on Education has had under con- 384 JouRNAL OF THE SENATE, sideration the following House bill, whicll 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 approved August 10, 1905, to incorporate the Ohickamauga School District. Respectfully submitted, J. C. BEAUCHAMP, Chairman. The following House bill was read second time: By Messrs. Bowen and Lane-- A bill to amend the Act establishing the City Court of Bainbridge. The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has passed, by the requisite Constitutional majority, the following bills of the House, to-wit: A bill to repeal Act approved August lOth, 1909, relative to raising funds for educational purposes in certain Counties. A bill to amend charter of Climax, Ga. A bill to prohibit killing of certain game birds in Douglas County. THURSDAY, JULY 20, 1911. 385 A bill to amend section 331, Code of 1910, providing the meeting of the General Assembly. A bill to add the town of Eatonton to the list of State Depositories. A bill to amend Act incorporating the City of Commerce. A bill to establish the City Court of Jackson. A bill to provide for change of County lines between certain Counties. A bill to create office of Commissioner of Roads and Revenues for Pulaski County. A bill to incorporate the town of Middleton. A bill to provide for holding three terms of Superior Court in Cobb County. A bill to incorporate town of Weston. A bill to amend section 4424, Code of 1910, relative to recovery for homicide. A bill to amend Act amending the charter of the town of Byromville. A bill to create a Board of County Commissioners for Telfair County. 386 JouRNAL OF THE SENATE, A bill to amend Act to abolish Trustees of North Georgia Agricultural College. A bill to repeal Act creating City Court of Franklin. The House has also passed, by the requisite Constitutional majority, the following resolution of the House, to-wit: A resolution to install elevator in Capitol. The following Senate bill was read third time to be put upon its passage: By Mr. Harris- A bill to provide for the registration of all persons or corporations employed to promote or act as counsel before the General Assembly. Mr. Copelan moved to table the bill. On this motion the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were Messrs.- Blalock, H. C. Crawford, W. D. Copelan, E. A. Culbreth, T. G. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Grovwstein, A. N. Hamilton, W. W. Hill, T. F. Kincaid, J. B. Moore, 0. A. Morris, W. S. Prather, J. D. Shingler, J. S. Spence, R. E. L. Williams, Isaiah THUBSDAY, JULY 20, 1911. 387 Those voting in the negative were Messrs.- Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Brown, J.P. Bush, I. A. Cromartie, J. A. Davis, J. S. Graham, L.C. Harris, W. J. Hullender, W. C. Kight, W. N. Mann, W. S. M.'arshall, C. B. Mayson, J. W. Oliver, T. W. Owens, C. T. Roberts, W. T. Shaw, Emmet;t Sheppard, J. E. Whitehead, Walter Worley, S. T. Those not voting were Messrs.- Blalock, A. 0. King, w. w. Mr. Presidoot Ayes, 20; nays, 21. The motion was lost. .'l'he report of the Committee was agreed to. Upon the passage of the bill the a;yes and nays were ordered and the vote is as follows: Those voting in the affirmative were Messrs.- Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. Mann, W. S. 1\-I:arshall, C. B. Mayson, J. W. Moore, O.A. Oliver, T. W. Owens, C. T. Prather, J.D. Roberts, W. T. .Shaw, Emmet;t Shingler, J. S. Sheppard, J. E. Whitehead, Walter Williams, Isaiah Worley, S. T. 388 JOURNAL OF THE SENATE, Those voting in the negative were Messrs.- Crawford, W. D. Ennis, W. H. Morris, W. S. Spence, R. E. L. Those not voting were Messrs.- King, W. W. Mr. President Ayes, 38; nays, 4. The bill having received the requisite Constitutional majority, was passed, by substitute, as amended, and the amendment is as follows: Amend section 1 by striking that part of said section in line 6 beginning with the word within and ending with tlhe word and at the end of this ninth line of said section. The following resolution was read and referred to the Committee on Rules: By Mr. Harris of tlhe 38th- Resolved, That House resolution No. 11, in regard to investigation of the Agricultural Department, be set for a special and continuing order tod'ay at 12 o 'dock A. M., or as soon thereafter as the report of the Committee on Rules may be adopted. Mr. Slaton, Chairman of the Committee on Rules, submits the following report: Mr. President: The Committee on Rules having had under con- THURSDAY, JULY 20, 1911. 389 sideration the accompanying resolution providing that House resolution No. 11 be set for 12 o'clock today, report that same do pass. JOHN M. SLATON, Chairman~ Mr. Roberts, Ohairman of the General Judiciary Co:rnruittee, submits the fallowing r-eport: Mr. President: The General Judiciary Committee has had under consideration the following bill of the Senate, whioh it instructs me to report back to the Senate with the recommendation that the same do pass~ A bill to amend the Act dividing the Brunswick Judicial Circuit and creating the Waycross Circuit. The Committee also recommends that the following Senate bills do pass, as amended : A bill to amend section 4252 of the Code. A bill to make it a misdemeanor to dispose of property being held under conditional sale. A bill to permit railroad and street car companies to issue passes to sheriffs. The Committee also recommend that the following bills of the Senate do not pass : A bill to make effective certain papers which are recorded in Clerk's office. 390 JoURNAL oF THE SENATE, A bill to give title by prescription, and for other purposes. A bill to regulate the application and granting of marriage license. A bill to create the office of Militia District Marshal. A bill to require all officers in this State to make statement to Secretary of State amount of fees received. The Committee also recom!rnends that Senate bill No. 63 be withdrawn from this Committee and committed to the Committee on Constitutional Amendments. The Committee also recommends that the following bill of the House do pass : A bill to amend section 4996 of the Code. The Committee also recommends that the following bills of the House do not pass : A bill to provide for the filling of vacancies in office of Judges and Solicitors. A bill to amend section 2011 of the Code. Respectfully submitted, W. T. RoBERTs, Ohairman. .- THURSDAY, JuLY 20, 1911. 391 The following Senate bill was withdrawn from tlie General J udieiary Committee and referred to the Committee on Constitutional Amendments. By Mr. Felker- A bill to amend artiele 6, section 13, of the Constitution, in regard to salaries of Judges of Supreme Court, O>urt of Appeals and Judges of the Superior Court. The following Senate bill was read third time: By Mr. Dickerson- A bill to promote the public health by ditching and draining wet sw:amp lands of Georgia. On motion, this. bill was tabled. By unanimous consent, the following bill of the House was reoommitted to the General J udiclary Committee: By Mr. YeomansA bill to amend section 2011 of the Code. Mr. Beauchamp, Chairman of the Committee on Education, submitted the following report: Mr. President: The Committee on Education has had under consideration the following Senate bill, which I am instructed to report back to the Senate with the .' 392 JouRNAL OF THE SENATE, .' .. . recoirimendation that the same do not pass, to-wit: A bill to authorize County School Commissioners of this State to issue interest-bearing script to the public school teachers. 'The Co~mittee has also had under consideration tlie following House bill whioh 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 consolidation of the various school districts of Spalding County. Respectfully submitted, .J. C. BEAUCHAMP, Ohairman. The following Senate bill was read first time: By Mr. Douglas- A bill to amend section 1 of article 5 of Constitution which relates to Executive Department. Referred to Committee on Constitutional Amendments. The hour of 12 o'clock having arrived, the following special order was taken up, read third time, to be put upon its passage: By Mr.' Ault_: A resolution to appoint a committee from the THuRSDAY, JuLY 20, 1911. 393 House and Senate to investigate the Department of. Agriculture. The previous question was called, and the call was sustained, and main question ordered. The following amendment was offeJ:ed; :Am.~nded - by striking from section 4, line 13', the following: First day of the next session of the General Assembly and inserting in lieu thereof not later than Thursday, lOth day of August, 1911. On this amendment the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were .Messrs.~ Adams, G. W. Beauchamp, J. C. Blalock, A. 0. Davis, J. S. Duggan, C. I. Ennis, W. H. Felker, J. H. Hullender, ,Y. C. Kight, -w. N. Kincaid, J. B. :H:arshall, C. B. Mayson, J. W. Moore, 0. A. Oliver, T. W. Owens, C. T. rather, J.D. Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Those voting in the negative were .Messrs.- Aaron, 0. B. Blalock, H. C. Brown, .T. P. Bush, I. A. Crawford, ,V. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Dickerson, W. T. Douglass, J. B. Edwards, C. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Mann, W. S. Morris, W. S. Roberts, W. T. Shaw; Einmett : Whitehead, Walter Williams, Isaiah Worley, S. T. Those not voting were Messrs.- Hill, T. F. King, W. W. :Nfr; President. 394 JOURNAL OF THE SENATE, Ayes, 19; nays, 22. The amendment was lost. The following amendment was offered: Amend further by striking all of the words that appear in lines 6 to 16, inclusive, on page 3. On this amendment the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were Messrs.- Adams, G. W. Beauchamp, J. C. Blalock, A. 0. Davis, J. S. Duggan, C. I. Ennis, W. H. Felker, J. H. Hullender, W. C. 1\farshall, C. B. Mayson, J. W. Moore, O.A. Oliver, T. W. Owens, C. T. Prather, J. D. Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Those voting in the negative were Messrs.- Aaron, 0. B. Blalock, H. C. Brown, J.P. Bush, I. A. Crawford, w.D. Copelan, E. A. Cromartie, J. A. .Culbreth, T. G. Dickerson, W. T. Douglass, J. B. Edwards, C. H. Graham, L. C. Grovwstein, A. N. Hamilton, W. W. Harris, W. J. Kight, W. N. Kineaid, J. B. Mann, W. S. Morris, W. S. Roberts, W. T. Shaw, Emmett Whitehead, Walter Williams, Isaiah Worley, S. T. Those not voting were Messrs.- Hill, T. F. King, w. w. Mr. President Ayes, 17 ; nays, 24. The amendment was lost. THURSDAY, JuLY 20, 1911. 395 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.- Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. CUlbreth, T. G. Davis, J. S. Dickel"SO'Il, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hullender. W. L Kight, W. N. Kincaid, J. B. Mann, W. S. 1\farshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Oliver, T. W. Owens, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Those not voting were Messrs.- Hill, T. F. King, W. W. Mr. President Ayes, 41 ; nays, 0. The resolution having received the requisite Constitutional majori~y, was passed. One hundred copies of Senate bill No. 15 was ordered printed for the use of the Senate. The following Senate bills were read first time: By Messrs. Douglas and Mann- A bill to amend section 266 oo Code of 1910. JOURNAL OF THE -8ENATE, Referred 'to Committee oil Constitutional Amendments. By Messrs. Douglas and Mann- A bill to amend section 337 of the Code. Referred to Committee on Constitutional Amendments. By Messrs. Douglas and Mann- A bill to amend article 3, section 5, of the Consti- tution of this State, paragraph 2 of article 3, relating to office of President of the Senate. Referred to Committee on Constitutional Amendments. By Messrs. Douglas and Mann- A bill to amend article 5, section 1, of the Constitution of this State relating to death, resignation or disabillty of the Governor. Referred to C. ommittee on C.onstitutional . Amendments . .~enate biU No. 39 was ordered immediately transmitted to the House. On motion, the Senate adjourned until tomorrow morning at 10 o'clock: FRIDAY, JuLY 21, 1911; 397 SENATE CHAMBERS, ATLANTA, GA., Friday, July 21; 1911. The Senate !IIJ.et 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: Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush. I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass. J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris. W. J. Hill, T. F. Hullender, V{. C. Kight, W. N. Kincaid, J~ B. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Oliver, T. W. Owens, C. T. Prather, J. D. .!.1nberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Mr. President Th.ose absent were Messrs.- Aaron, 0. B. King, W. W. The journal of yesterday was read and approved. Mr. Davis, Chairman of the Committee on Counties and County Matters, submitted the foUowing report: 398 JouRNAL OF THE SENATE, Mr. President : T-he Committee on Counties and County Matters has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A bill to repeal Acts creating a Board of County Commissioners for Pulaski County. Respectfully submitted, J. S. DAVIS, Chairman. Mr. Bush, Ohairman of the Committee on Agriculture, submitted the following report: Mr. President: The Committee on Agriculture 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 not pass, to-wit: A bill to amend an Act approved Decemb~r 18, 1901, regulating the registraJtion and sale of commercial fertilizers. A bill to require persons operating public gins to have a sworn weigher. A bill to fix the amount of tare on cotton bales. The Committee has had under consideration the FRIDAY, JULY 21, 1911. 399 following House bills which I am instrncted to report to the Senate with the recommendation that the same do pass, to-wit: A bill to prohibit the shooting or destroying partridges or doves in Coweta County. The Committee has also had under consideration the following House bill, which I am instructed tC) report back to 1lhe Senate with the recommendation that the same do pass, as amended, to-wit: A bill to amend section 696 of the Code of 1910. Respectfully submitted, I. A. BusH, Ohairman. Mr. Crawford, Chairman of the Committee on Penitentiary, submitted the following report: Mr. President: The Committee on Penitentiary 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 to create a Prison Commission for the State of Georgia. Respectfully submitted, W. D. CRAWFORD, Chairman. The following tmessage was received from the 400 JouRNAL OF THE SENATE, House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has passed, by the requisite Constitutional majority, the following bills of the House: A bill to provide that suits pending shall not affect the rights of third parties. .' A bill to amend Act establishing public schools of Quitman, Ga. A bill to amend Act establishing City Court of Buford. A bill to amend Act incorporating the town of Ball Ground. A bill to reapportion members of the House of Representatives of the General Assembly. A bill to amend charter of Palmetto. A bill to amend Act to establish City Court of Swai:qsboro. A bill to incorporate town of Stonewall. A bill to amend Acts creating system of public schools [or Marietta. A bill to am.end Act authorizing election of Com- FRIDAY, JULY 21, .1911. 401 missiOner of Roads and Revenues for DeKalb County. The House has also passed by the requisite Constitutional majority, the following resolution of the House: A resolution to pay pension of William T. Wood. Leave of absence was granted the Committee to visit State Sanitarium. The following Senate bills were read first time: By Mr. Dickerson- A bill to amend section 919, volume 2, of the Code. Referred to General Judiciary Committee. By Mr. Mann- A bill to amend section 3270, volume 1, of the Code. Referred to General .Judiciary Committee. By Mr. Felker- A bill to require the Commission of Agirculture to have gasoline examined in this State. Referred to General Judiciary Committee. 402 JoURNAL oF THE SENATE, By Messrs. Sheppard and Bush- A bill to provide for change of venue in this State. Referred to General Judiciary Committee. By Messrs. Prather and Blalock- A bill to amend section 4732 of the Code. Referred to Immigration and Labor Committee. By Mr. Ennis- A bill to fix and define the liability of insurers and policies of fire insurance, and for other purposes. Referred to General Judiciary Committee. By Mr. Crawford- A bill to amend section 3059 of the Code. Referred to General Judiciary Committee. By Mr. Owens- A bill to amend section 2050 of the Code. Referred to Committee on Counties and County Matters. By Mr. Shaw- FRIDAY, JULY 21, 1911. 403 A bill to prohibit the shooting and trapping of birds for a period of three years in this State. Referred to Committee on Agriculture. The following resolution was read and adopted: By Mr. Roberts- Resolved, T!hat when the Senate adjourn today, it will stand adjourned until next Monday at 11 o'clock. Mr. Kincaid, Chairman of the Committee on En grossing, submitted the following report: Mr. President : The Committee on Engrossing report that they have examined and found properly engrossed and ready for transmission to the House of Representa tives; the following Senate bill, to-wit: A bill to provide for the registration of all persons, corporations or associations who employ counsel or agents, and for other purposes. Respectfully- submitted, J. R. KINcAID, Chairman. The following Senate resolution was read second time: By Mr. Copelan- 404 JouRNAL oF THE SENATE, A resolution condemning the practice of poligamy in the United States. The following Senate bills were read second time: By Mr. Kight- A bill to amend the Act establishing the City Court of Swainsboro. By Mr. Felker- A bill to make it a misdemeanor to sell or swap any personal property which is held under conditional sale, and for other purposes. By Mr. Crawford- A bill to amend section 4252 of the Code. By Mr. Harris- A bill to require railroad companies to put cinder deflectors on passenger coaches. By Mr. Ennis- A bill to increase the salary of the stenographer of the State Bank Examiner in this State. ,By Mr. Blalock- A bill to amend paragraph 1, section 1, article 7, of the Constitution. FRIDAY, JULY 21, 19-11. 405 By Mr. Felker- A bill to amend the Constitution so as io make the Justice of the Supreme Court, Court of Appeals and Judges of the Superior Court be appointed by the Governor. By Mr. Dickerson- A bill to authorize the City of Douglas to issue additional bonds. By Mr. Edwards- A bill to amend paragraph 2, of section 7, article 6, of the Constitution. By Mr. Oliver- A bill to incorporate the town of Morris, in Quitman County, Ga. By Mr. Dickerson- A bill to amend the Act dividing the Waycross and Brunswick Judicial Circuits. By Mr: Cromartie- A bill to incorporate the tawn <>f Denton, in J e:ff Davis County. By Mr. Cromartie- 406 JoURNAL OF THE SENATE, A bill to amend an Act creating a Prison Commission for Georgia. By Mr. Cromartie- A bill to repeal an Act creating the City Court of Hazlehurst. By Mr. Whitehead- A bill to make valid and binding any contract, promisory note or other evidence of indebtedness executed by minors for a loan for educational purposes. By Mr. Graham- A bill to amend the charter of the City of Cairo. The following House bills were read second time: By Mr. Adams- A bill to amend the Act creating the Commissioners of Roads and Revenue for Hall County. By Mr. Deese- A bill to repeal Acts creating the Commissioners of Roads and Revenues of Pulaski County. By Mr. LeSeur- A bill to amend section 696 of Code of 1910. FruDAY, JULY 21, 1911. 407 By Messrs. Kirby and Brannon- A bill to prohibit the shooting and killing of any partridges or doves in Coweta County. By Mr. Cabaniss- A bill to amend the Act creating the office of Commissioner of Roads and Revenues for Oglethorpe County. By Messrs. :Qrown, McElreath and Westmoreland- A bill to amend the Act creating a new charter for the town of East Point. By Mr. Burnett- A bill to amend the Act providing for the election of Commissioners of Roads and Revenues of Quitman County. By Mr. Hires- A bill to authorize the Board of County Commissioners of Colquitt County to issue bonds. By Messrs. Murphy and Williams- A 'bill to amend the charter of the town of Brooklet. By Mr. Henderson- 408 JOURNAL OF THE SENATE, A bill to amend an kct creating charter for town of Sycamore. By Mr. Bell- A bill to amend section 982 of the Code, so as to add the town of Alpharetta to the list of State Depositories. By Mr. Dorsey- A bill to provide for the consolidation of the various school distric.ts of Spaulding County. By Messrs. Brown, McElreath and WestmorelandA bill to amend section 4-996 of the Code. By Mr. Adams- A bill to amend an Act to incorporate the town of Candler. By Mr. Brinson- A bill to establish a Board of Commi-ssioners of Roads and Revenues for Jenkins County. By Mr. Brinson- A. bill to repeal the Act creating the Board of Commissioners of Roads and Revenues for Jenkins County. FRIDAY, JuLY 21, 1911. 40S By Mr. Brinson- A bill to repeal the Act establishing the City Court of Millen. By Mr. Mcintire- A bill to prescribe the method of electing Clerk and Treasurer of the town of Boston. ~ By Mr. Watts- A bill to add 8'hellman to the list of State Depositories. By Mr. Thurman- A bill to amend the Act approved August 10, 1905, to incorporate the Chickamauga School District. By Messrs. Booker and DuBose- To amend the Act establishing a new charter for Washington, Ga. By Mr. Massengale- A bill to change the date of collecting the commutation road tax in Warren County. By Messrs. Blassengame and Wood- A bill to amend charter of City of Monroe. 410 JOURNAL OF THE SENATE, Senate 'bill No. 20 was recommitted to the Constitutional Amendments Committee. The following House resolution was read third time and passed; ays, 27; nays, 0. By Mr. Kimbrough- A resolution relative to tare on bales of cotton. By Messrs. Brown and Lane- A bill to amend the Act establishing the City Court of Bainbridge. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27; nays, 0. The bill having received the requisite Constitutional majority, was passed. The following H10use bills were read first time: By Mr. Simpson- A bill to amend, consolidate and supercede .he several Acts incorporating Ball Ground, in Cherokee County. Referred to Committee on Corporations. By Mr. Montgomery- FRIDAY, JULY 21, 1911. 411 A bill to incorporate the town of Weston, in Webster County. Referred to Committee on Corporations. By Mr. Stovall- A bill to incorporate the town of Middleton. Referred to Committee on Corporations. By Messrs. Tippins and Tarver- A bill to amend section 4424 of the Code. Referred to General Judiciary Committee. By Mr. Cook- A bill to create a Board of Commissioners of Roads and Revenues for Telfair County. Referred to -General Judiciary Committee. By Mr. Groover- A bill to provide for changing of County lines of this State having a population of not less than 16,422, and for other purposes. Referred to General .Tudiciary Committee. By Mr. BowerA bill to amend charter of Climax. 412 JouRNAL oF THE SENATE, !t~fe:rred to Committee on Corporations. By Messrs. Cheney and York- A bill to provide for holding of three terms of Cobb Superior Court. Referred to General Judiciary Committee. By Mr. Deese- A bill to create the office of Commissioner of Roads and Revenues of Pulaski County. Referred to Committee on Counties and County Matters. By Messrs. Adkins and Smith- A bill to amend the Act amending the charter of Byronville. Referred to Committee on Corporations. By Mr. Beck- A bill to amend the Act approved November 4, 1889, entitled an Act establishing a system of public schools for the town of Quitman. Referred to Committee on Corporations.. By Messrs. Waller and Yeomans- FRIDAY, JULY 21, 1911. 413 A bill to amend the Act establishing the City Court of Swainsboro. Referred to Special Judiciary Committee. By Messrs. Cheney and York- A bill to amend the Acts creating a system of public schools for Marietta. Referred to Committee on Corporations. By Mr. Longino- A bill to incorporate the town of Stonewall, and for other purposes. Referred to Committee on Corporations. By Messrs. Nix and Wilson- A bill to amend the Act establishing the City Court of Buford. Referred to Special Judiciary Committee. By Mr. Alexander- A bill to provide that suits pending shall not affect the rights of third parties. Referred to General Judiciary Committee. By Mr. Anderson- 414 JoURNAL oF THE SENATE, A bill to reapportion the members of the House of Representatives. Referred to Committee on Congressional Reapportionment. By Mr. Longino - A bill to amend the charter of the town of Palmetto. Referred to Committee on Corporations. By Mr. Alexander- A bill to amend the Act authorizing the Commissioners of Roads and Revenues of DeKalb County to be elected by the people. Referred to Committee on Counties and County Matters. By Messrs. Oberry of Cobb, and Baker of Lumpkin- A bill to amend the A'Ct abolishing the present Board of Trustees of the North Georgia Agricultural College. Referred to Committee on Corporations. By Mr. Mooty- A bill to repeal the Act creating the City Court of Franklin County, Georgia. FmDAY, JULY 21, 1911. 415 Referred to Special ,Judiciary Committee. By Mr. Alexander- A bill to repeal the Act relative to raising funds for educational purposes in Chatham County. Referred to Committee on Education. By Messrs. Holder and Lord- A bill to amend the Act incorporating the City of Commerce. Referred to Committee on Corporations. By Mr. Stubbs- A bill to add the town of Eatonton to the list of State Depositories. Referred to Committee on Banks. By Mr. Burwell- A bill to amend section 331 of the Code, so as to provide for ~hanging the meeting of the General Assem!bly. Referred to General Judiciary Committee. By Mr. Upshaw- A bill to prohibit the killing of certain birds in Douglas County. 416 JouRNAL oF THE SENATE, Referred to Committee on Agriculture. The following House resolutions were read first time: By Mr. Burwell- A resolution to install elevator in Capitol. Referred to Committee on Appropriations. By Messrs. Tarver and McConnell- A resolution to pay pension of William T. Wood to his dependent children. Referred to Committee on Pensions. On motion, the Senate adjourned until Monday morning at 11 o'clock. MoNDAY, JULY 24, 1911. 4U+ SENATE CHAMBER, ATLANTA, (h., Monday, July 24,1911. The Senate met pursuant to adjournment at 11 o'clock; was called to order by the President. Prayer was offered by the Chaplain. Upon the call of the roll, the following members answered to their names : Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickel"SO'll, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. HuJlendet, W. C. Kight, W. N. Kincaid, J. B. King, W. W. Mann, W. S. 1\f'arshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Oliver, T. W. Owens, C. T. Prather, J.D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Mr. President The journal of Friday was read and approved. The following Senate bills were read first time: By Mr. Shingler- A bill to amend section 2283 of the Civil Code . relative to State Bank Exanniner. 418 JoURNAL OF THE SENATE, Referred to Committee on Banks. By Mr. Shingler- A bill to amend section 2300 of the Civil Code, relative to fees of State Bank Examiner. Referred to Committee on Banks. By Mr. Edwards- A bill to give the three nearest adult relatives or guardians the right to waive the ten days notice of time and place of commitment, and for other purposes. Referred to General Judiciary Committee. By Mr. Sheppard- A bill to increase or decrease capital stock of life insurance companies. Referred to General Judiciary Committee. By Mr. Adams- A bill to amend section 3092 of the Code. Referred to General Judiciary Gommittee. The following joint resolution was read :first time and adopted: MoNDAY, JULY 24, 1911. 419 By Mr. Owens- Resolved, That the Senate andHousemeet in joint session at 10 o'clock tomorrow morning to hear an address by Dr. Peter F. Bohnsein on tick eradica. tion. The following House bill was read second time and recommitted to Special Judiciary Committee: By Mr. Moore- A bill to establish the City Court of Jackson, in Butts County. The following message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has passed, by the requisite Constitutional majority, the following bills of the House, to-wit: A bill to amend Acts incorporating the town of Leslie. A bill to establish City Court of Millen. A bill to provide for the control of the Medical College of Georgia. A bill to establish a system of public schools in the City of Buford. JOURNAL OF THE SENATE~ A bill to amend the charter of the town of Preston. A bill to amend an Act ttt establish the City Court of Madison. A bill to amend an Act to establish City Court in the County of Hall. A bill to prohibit the killing of game birds in Haralson County for a period of three years. A bill to make certain changes in the City Court of Moultrie. A bill to amend section 414 of Penal Code, relative to running of freight trains on the Sabbath. A bill to amend Act establishing City Court of Leesburg. A bill to prohibit the killing of game birds m Hall County for a period of three years. A bill to provide for holding four terms of Superior Court in Worth County. A bill to make it unlawful to sell near beer in Hall County. A bill to abolish City Court of Cordele. A bill to prohibit the killing of game birds in Paulding County for a period of three years. MoNDAY, JuLY 24, 1911. 421 A bill to amend an Act to establish the City Court of Ashburn. A bill to regulate traveling of log carts, etc., over the roads and bridges of Colquitt County, The following Senate bill was read second time and recommitted to Committee on Agriculture: By Mr. Shaw- A bill t~ prohibit the shooting or trapping of birds within this State for a period of three years. The following House bill was read second time and recommitted to General Judiciary Committee: By Mr. Holtzclaw- A bill to provide that appointees to fill vacancies occurring in office of Judge, Solicitor or Clerk of any Court to fill unexpired term, shall hold over under certain conditions. The following Senate bills were read third time and put upon their passage : By Mr. Oliver- A bill to incorporate the town of Morris, in the County of Quitman. Report of the Committee was agreed to. 422 JOURNAL OF THE SENATE, Upon the passage of the bill the ayes were 31; nays, 0. The bill having received the requisite Constitutional majority, was passed, as amended, and the amendments are as follows: Amend by adding a new section, No. 2, to read as follows: Be it further enacted, That the provisions of this bill shall not go into effect until the same has been ratified by the people of said County of Jenkins at an election to be called by the Ordinary of said County for that purpose. Amend further by making section 2, section 3. The .following message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has concurred in the following resolution of the Senate, as amended, to-wit: A resolution inviting Dr. Peter F. Bohnsen to address the General Assembly on tick eradication. The following House bills were read third time and put upon their passage: By Mr. Brinson- A bill to establish a Board of Commissioners of MoNDAY, JULY 24, 1911. 423 Roads and Revenues for Jenkins County, and for other purposes. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 30; nays, 0. The bill having received the requisite Constitutional majority, was .Passed, as amended, and the amendments are as follows: Amend by striking from the 13th and 14th lines the names and words "W. S. Grubs, Dr. R. Y. Lane and Hayword Cox" and inserting in two items of the present Board of Commissioners of Roads and Revenues of Jenkins County. Amend further by adding a new section, No. 9, as follows: Provided, this Act should not go into effect until the same should be adopted by a vote of the people of said County at an election to be ordered by the Ordinary thereof, providing therefor. Amending further by making section No. 9, section No.lO. By Mr. Cromartie- A bill to incorporate the town of Denton, in the County of Jeff Davis. Report of the Committee was agreed to. JouRNAL oF THE SENATE, Upon the passage of the bill the ayes were 32 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Graham- A bill to amend the Charter of the City of Cairo. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. King- A bill to prohibit the printing or publication of the name or identity of any female alleged to have been raped or upon whom an assault with intent to rape may have been made. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 31; nays, 0. The bill having received the requisite ,Constitutional majority, was passed. By Mr. King- MoNDAY, JULY 24, 1911. 425 A bill to prohibit measurement of any lumber or timber which may be cut and sold in this State otherwise than by the rule prescribed in section 1843 of the Code. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 31; nays, 0. The bill having receive~ the requisite Constitutional majority, was passed, as amended, and the amendment is as follows: Amend by adding after the word stoek, in the fifth line, of section one, the following: ''either in a seaport or elsewhere in this State." By Mr. Jones- A bill to amend an Act to incorporate the City of Greenville, and for other purposes. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 31 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Mcintyre- - A bill to prescribe method of electing tbe oierlt and Treasurer of the town of Boston. 426 JOURNAL OF THE SENATE, Report of the Co'qi!Illtittee was agreed to. Upon the passage of the bill the ayes were 32 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Messrs. Jones and Williams- A bill to amend the charter of the City of Manchester, to provide compensation for the Mayor. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 32; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Brinson- A bill to repeal an Act to establish a City Court of Millen, in and for the County of Jenkins. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 31 ; nays, 0. The bill having received ilhe requisite Constitutional majority, was passed. MoNDAY, JULY 24, 1911. 427 By Mr. Adams- A bill to amend an Act to incorporate the town of Candler. 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. Brinson- A bill rto repeal the Act to establish Board of County Commissioners of Jenkins County, approved August 10, 1906. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 30; nays, 0. The bill having received the requisite Constitutional majority, was passed, as amended, and the amendments are as follows: Amend by inserting after ''prescribe,'' in seventh line of section four, the following: That J. W. Cumbie be, and he is hereby, selected and appointed Mayor, and J. E. Johnson, B. G. Davis, R. M. Filfmgame, J. L. Cumbie and J. B. Oliv~r are hereby selected and appointed Councilmen of said town of 428 JouRNAL OF THE SENATE, Morris. Said Mayor and Councilmen to serve m;ttil their successors are elected and qualified. Said Mayor and Councilmen to take the usual oath before entering upon the discharge of their respective duties. By Messrs. Brown and McElreath- .A bill to amend an Act to provide for new charter. for the town of East Point. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Messrs. Kirby and Brannon- A bill to prohibit the killing and trapping of doves and partridges in Coweta County. Repor't of the Committee was agreed to. Upon the passage of the bill the ayes were 32 ; n~:ys, 0. T'he bill having received the requisite Constitutional majority, was passed. By Mr. Dorsey....:..- MoNDAY, JULY 24, 1911. 429 A bill to provide for the various s~hool districts of Spalding County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27; nays, 0. The bill having received the requisite Constitu. tional majority, was passed. By Messrs. Blassengame and Wood- A bill to amend the charter of City of Monroe. 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. tional majority, was passed. By Messrs. Booker and DuBose- A bill to amend Acts establishing a new ~harter for Washington. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29; nays, 0. 430 JoURNAL oF THE SENATE, The bill having received the requisite Constitutional majority, was .passed. By Mr. Earns- A bill to amend an Act to create a Board of Commissioners of Roads and Revenues in the County of Hall. 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. Henderson- A bill to amend Act creating charter for town of Sycamore. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Masse~gale-- A bill to ~hange the date of collecting the coonmutation road tax by the Commissioners of Roads and Revenues of Warren County. MONDAY, J"9LY 24, 1911. 431 Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Hires- A bill to authorize the Board of County Commissioners of Colquitt County to issue and sell bonds. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 32; nays, 0. The bill having received the requisite Constitutional majority, was p~ssed. By Messrs. Murphy and Williams- A bill to amend 1lh.e charter of the town of Brooklet. This bill was committed to the General Judiciary Committee. By Mr. Deese- A bill to repeal Acts creating Board of County Commissioners for Pulaski County. J.OlD"BNAL OF THE SENXTE, Report of the Committee was agreed to. Upon the passage of the bill the ayes were 32 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Burnett- A 'bill to amend Act providing for election of Commissioners of Roads and Revenues of Quitman Oomrty. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 30; nays, 0. The biU havmg received the requisite Constitutional majority, was passed._ By Mr. Thurman- A bill to amend an Act approved August 10, 1905, to incorporate ilhe Ohickamauga School District. :Repor.t of the Ccmmrittee was agreed to. Upon the passage of the bill the ayes were 29; nays, 0. . The :bill having NOOived the requisite Constitutional majority, was passed. :MIONDA.Y, JULY 24, 1911. 433 By Mr. Cabaniss- A bill to amend the Act to create the office of Commission of Roads and Revenues for Oglethorpe County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29; nays, 0. The bill having received the requisite Constitutional majority, was passed, as amended, and the amendment was as follows: And by :filling the blanks with the words 5th day of December. The following resolution was read second time and recommitted to Committee on Appropriations: By Mr. Burwell- A bill to install elevator in Capit-01. The foUstwick. A bill to amend charter of City of Flovilla. Abill to provide for election of Judge and Solicitor of City Court of Columbus. A bill to incorporate City of Folkston. A bill to provide for holding four terms of Superior Court of Crisp County. A bill to repeal County Court Act so far as sa:oie applies to Pierce County. A bill to repeal Act creating City Oourt of Covington. A bilL to divide Brooks County into four Commissioner Districts. A bill to establish a permanent Board of Educa:tion for Schley County. The following resolution was read and adopted: By Mr. Harris- 456 JOURNAL OF THE SENATE, A resolution requesting the House of Representatives to return to the Senate, Senate resolution No.16. The following unfinished business was taken up: By Mr. Blalock of 26th- A bill to amend paragraph 1, section 1, article 7, of the Constitution of the State of Georgia. The following amendment was offered: Amend further by adding the word dollars in the 8th line of section one the following words: The legislature shall have authority to provide such tax in addition to the five mills now allowed by law as may be necessary to pay 1!he pensions provided by this amendment to the Constitution, which strikes the limitation of fifteen hundred dollars. Those voting in the affirmative were Messrs.- Beauchamp, J. C. Copelan, E. A. King; W. W. Mann, W. S. Shaw, Emmett Sheppard, J. E. Spence, R. E. L. Those voting in the negative were Messrs.- Aaron, 0. B. A>dams, G. W. Blalock, H. C. Blalock, A. 0, Brown; J.P.' Bush, I. A. Crawford, W. D. Cromartie, J. A. Culbrellh, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. WEDNESDAY, JULY 26, 1911. 457 Marshall, C. B. Mayson, J. W. Moore, 0. A. Owens, C. T. Roberts, W. T. Shingler, J. S. Whitehead, Walter . Williams, Isaiah Worley, S. 'I'. Those not voting were Messrs.- Morris, W. S. Oliver, T. W. Prather, J. D. :Mr. President. Ayes, 7; nays, 33. The following amendment was offered: By Mr. Blalock- Provided, that this amendment shall not be put in force by the General Assembly until it definitely ascertained by the Commissioner of Pensions the number that will be added to the rolls by Constitutional amendment, and no payment shall be made to them until it is amended to pay them when added to the a,m,Qunt necessary to pay the existing roll, does not exceed the appropriation to be made to pay fuem on roll for 1912 and 1913. On this amendment the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were Messrs.- Aaron, 0. B. Adams, G. W. Beaoohamp, J. C. Blalock, H. C. BIBloek, A. 0. Brown, J.P. Ora.wfurd, W. D. Cromartie,J.A. Culbretili., T. G. Davis, J. S. Dickerson, W. T. Dougl~, J. B. Duggan, C. I. Graham, L. C. Hamilton, ,W. w~ Hill, T. F~ ..... Hullep.der, W. C. Kight. W. N. King,W. W. Mann, W..S. Marshall( O. B. Mayson, J. W. Moore; 0. A. Owens, C. T. 458 Prather, J. D. Shaw, Emmett Shingler, J. S. Williams, Isaiah Worle), S. T. Those voting in the negative were Messrs.- Bush, I. A. Oopelan~ E. A. Ennis, W. H. Felker, J. H. Grovenstein, A. N. Harris, w. J. Kincaid. J. B. Oliver, T. W. Roberts, W. T. Spence, R. E. L. Whitehead, Walter ThoSE' not voting were Messrs.- Edwards, C. H. Morris, W. S. Sheppard. J. E. Ayes, 30; nays, 10. Mr. President. The amendment was adopted. Report of the Committee was agreed to. Upon the passage of the bill the ayes and nays were ordered after the roll call had begun. Mr. Blalock moved to table the bill, and on this motion the ayes and nays were ordered, and the vote is as follows : Those voting in the affirmative were Messrs.- Adams, G. W. Beauchamp, J. C. Blalock, A. 0. Crawford, W. D. Cromartie, J. A. Davis, J. s. Dickerson, W. T. Duggan, C. I. Edwards, C. H. Ennis, W. H. Hamilton, W. W. Hill, T. F. Hullender, W. C. Marshall, C. B. Moore, 0. A. Morris, W. S. Owens, C. T. Prather, J. D. Roberts, W. T. Sheppard, J. E. Spence, R. E. L. Worley, S. T. WEDNESDAY, JULY 26, 1911. ~9 :: Those voting in the negative were Messrs.- Aaron, 0. B. Blalock, H. C. Brown, J.P. Bush, I. A. Culbreth, T. G. Douglass, J. B. Felker, J. H. Graham, L. C. Grovenstein, A. N. Harris, W. J. Kight, W. N. Kincnid. J. B. King, W. W. Mann, W. S. Mayson, J. W. Oliver, T. W. Shaw, Emmett Shingler, J. S. Whitehead, Walter Willi'li-ms, Isaiah Those not voting were Messrs.- Oopelan, E. A. Mr. President. Ayes, 22; nays, 20. The motion prevailed and the bill was tabled. The following message was received from the House tlhrough Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has adopted the following resolution of the Senate, to-wit: A resolution requesting House to return Senate resoluti'On 16 of the Senate. The following Senate bills were read first time : By Mr. Roberts- A bill to authorize electric, street, subur.ban and interurb~ railway companies organized within or without this State to acquire or lease and operate the. property and franchises of such r~r()ads, and for other purposes. Referred .to .Genera1 Judiciary Co:inmittee. By Mt; Bush (by request)- ' A bill to make it unlawfiu to advertise liquor in this State. Referred to Temperance Committee. By Mr. Bush (by request)- A bill to forbid the use of tobacco to persons under 18 'years of age. Referred to Committee on Education. By Messrs. Kincaid and Edwards- A bill to amend .section 609 of volume 2 of the Code. Referred to General Judiciary Committee. By unanimous consent, the following Blouse bill was read second time and recommitted: By Messrs. Pierce and Blackshear- . .:A bill to provide for the control and mangement c:~~ th, M~l. College: of _Georgia .as a branch of th~ University_ Qf Geprgia. :The folloWing joint resolution was read .third tim:~ and put upon its passage : WEPNESDAY, JULY 26, 1911. 461 By Mr. Harris- .. A resolution to authorize the appointment of a joint committee to investigate and report to the General Assembly upon the matter of new lease on the W. & A. R. R. Report of the Committee was agreed to. up<)li the passage of the bill the ayes were 39; nays, 0. The bill having received the requisite Constitutional majority, was passed. The following House bill was read third time and put upon its passage: By Mr. Moore- A bill to establish the City Court of Jackson, in and for the County of Butts. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 34; nays, 0. The bill having received the requisite Constitutional majority; was passed. The following Senate bill was read third time and put upon its passage: . . : .~ 462 JOUBNAL OF THE SENATE,' '., By Mr. Moore- .A bill to amend section 1 of the Act approved July p, 1910, to put in force the Constitutional amend- ment to paragraph 1, section 1, article 7. Report of the Committee was agreed to. ,Upon the passag-e of the bill the ayes were 31; nays, 0. The bill having received the requisite Constitutional majority, was passed. .The following Senate resolution was read first time: By Mr. Kincaid- : A res<>lution in relation to the case of the State of Georgia by its Attorney-General Jno. C. Hart vs. Tennessee Copper Company, et. al. Referred to Committee on Agriculture. 'Ifue following Senate bill was read first time: By Mr. F~lker- A bill to amend section 2177 of the Code of 1910, .which defines who are persons of color. Referred to General J u,dici:ary Committee. WEDNESDAY, Jl?LY 26, 1911. *.63' Mr. Bush moved that when the Senate adjourn today, that it adjourn to meet again tomorrow morn:ing at 9 o'clock. . ..This motion was lost. Mr. Davis, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: The Committee on Counties and County Matters 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: A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in the County of Pulaski, and for other purposes. A bill to be entitled an Act to prohibit the shooting, trapping, killing, ensnaring any partridge, dove or other game bird in the County of Paulding, and for other purposes. A bill to be entitled an Act to prohibit the shooting, killing, netting orotherwise entrapment of game birds in Haralson County, and for other purposes. J. S. DAVIs, Chairman. Mr. Kincaid, Ch:airtm.an of the Committee on En-grossing, submitted the following report: 464 JOURNAL OF THE SENATE, Mr. President: The Committee on Engrossing has examined and found properly engrossed and ready for transmissi'On to the House of Representatives, the following bills and resolution of the Senate, to-wit: A bill to amend an Act to establish the City Oourt of Swainsboro. oon- . A 'bill to make it a misdemeanor for any person to sell or swap any personal property held under .ditional sale or purchase. A bill to amend section 1803 of the Code of 1910, prescribing compensation of Inspectors of Oils. A bill to require railroad companies to put cinder detlectors in the windows of passenger coaches. A bill to confer upon judges of City and Superior Courts the right to excuse one or more jurors from service under certain circumstances. A bill to amend section 379, volu.nre 2, of the Code, so as to make wife competent witness in certain cases. A bill to amend the charter of the City of Cairo. A bill to regulate and prescribe certain matters of review procedure and practice in the Courts of this State~ WEDNESDAY, JULY 26, 1911. 465 A bill to amend section 4252 of volume 1 of the Code of 1910, relating to a:ttorneys' fees. A resolution endorsing an amendment to the Consituation of the U. S. prohibiting polygamy. Respectfully submitted, J. R. KINCAID, Chairman. Mr. Harris, Chairman of the Committee on Finance, submitted the following report : Mr. President : The Oommittee on Finance 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 appoint a committee to procure bids, drawings and all necessary information to submit to the General Assembly at its next meeting relating to the erection of a monument to the soldiers, saillors and women of the Confederacy. Respectfully submitted, WM. J. !IARBIS, Chairman. Mr. Cromartie, Chairman of the Committee on Congressional and .Legislative Reapportionment, submitted the following report: 466 Mr. President.: The Oommittee on Congressional and Legislative Reapportionment has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A bill to be entitled an Act to reapportion the members of the Blouse of Representatives among the "several Counties of this State according to the last census of the U. S.; and for other purposes. Respectfully submitted, JNO. A. 0Ro:MATIE, Chairman. Mr. Moore, Chairman of the Committee on Temperance, submitted the following report: Mr. President: The Committee on Temperance has had under consideration tlhe following House bill which I am instructed to report back to ihe Senate with the recommendation that the same do pass, to-wit: A bill to make un18!Wful the sale of near beer or malt in the County of Hall. Respectfully submitted, 0. A. MooRE, Chairman. Mr. Mann, Chairman o~the Committee on Special Judiciary, submitted the following report: WEDNESDAY, JULY 26, 1911. 467 Mr. President : The Committee on Special Judiciary has had un. der consideration the following Senate bi11 which .i am instructed to report back to the Senate with the recommendation that the author be allowed to withdraw th~ same, tO-wit: A bill to amend an Act approved August 13, 1910, to regulate the running of automobiles. 'l'he 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 establieh the City Court of Jackson, in and. for the County of Butts. A bill relative to the Boards of County Commis- sioners laws as regards Liberty County. A bill to amend an Act lo establish a City Court of Madison, in and for the County of Morgan. A bill to amend an Act establishing the City Court of Buford. A bill to amendanAct establishing the City Court o~ Leesburg.. A bill to establish the City Court of Millen. :: 468 JOURNAL OF THE SENATE, A bill to repeal an Act creating the City Court of Franklin. A bill to amend an Act to establish a City QQurt in the County of Hall. A bill to amend an Act to establish the City Court of Ashburn, in Turner County. Respectfully submitted, W. S. MANN, Chairman. Mr. Beauchamp, Chairm~n of the Committee on E~ucation, submitted the following report: Mr. President: 'Tihe Committee on Education has had under oonsideration the following Senate resolution which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A resolution in reference to the appropriati'On of funds to pay teachers ofthe common schools of this State. The Committee has also had under consideration the following Senate bill which I am instructed to report oack to the Senate with the recommendation that the same do not pass, to-wit: A bill to provide that all school books used in the common schools shall be furnished t:o the pupils free of cost to such pupils. W:Ei>N'ESDAY, JULY 26, 1911. 469 'fhe Committee has also had under consideration the following Senate bills which I am instructed to report back to the Senate with the recommendation that the same do pass, :to-wit: A bill to provide for issuing bonds for the purpose of building school houses in school districts in which a lQcal ta~ is located. A bill to incorporate Homer Scbo,ol District, in the County of Banks. 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 d'O pass, to-wit: A bill to repeal an Act approved August 10, 1909, relat~ve to ;raising funds for educationa;l purposes in Chatham County. A bill to establish a system of public schools in the City of Buford. Respectfully submitted, J. C. BEAUCHAMP, Chairman. The following Senate bill was taken up with adverse report from Committee, the report was agreed to and 1!he bill was lost. By Mr. HarrisA bill to authorize and require County School Com- 470 J OUBNAL OF THE SJ!lNATE, missioners of this State to issue interest-bearing scrips to school teachers. The following Senate bill was read third time, and put upon its passage: By Mr. Ennis- A bill to increase the salary of the stenographer of the State Bank Examiner. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 36; nays, 3. The bill having received the requisite Constitu. tional majority, was passed . On motio~ the Senate adjourned until tomorrow morning at 10 o'clock. .' j . .:. : Tn'UBsDAY, JuLY 27, 1911. 471 SENATE CHAMBER, ATLANTA, GA., Thursday, July 27, 1911. The Senate met pursuant to adjournment aJt 10 o'clock; was called to order by the President. Prayer was offered by the Chaplain. Upon the call of the roll the fullowing members answered to their names: Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. .Culbreth, T. G. Davis, J. 8. B: - Dickerson, W. T. Doug~..J; Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J B. King, W. W. Mann, w. 8. ;Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. 8. Oliver, T. W. Owens, C. T. Prather, J. D. Roberts, W. T. .Shaw, Emmett Shingler, J. 8. Sheppard, J. E. Rpence, R. E. L. Whitehead, Warter Williams, Isaiah Worley, S. T. Mr. Pr&-ident. The journal of yesterday was read and approved. Mr. Kincaid, Chairman of the Oommittee on Engrossing, su~mitting the following report: Mr. President: The Oommittee on Engrossing has examined~ aila 472 JouB:NAL ?11' THE SENATE, found properly engrossed and ready for transmi&sion to the House of Representatives, the following bills of the Senate, ro-wit: A bill to amend section 1 of the Act passed and approved July 11, 1910, to put in force the Constitutional amendment of paragraph 1, section 1, article 7, of the Constitution. A bill to increase the salary of the stenographer to the State Bank Examiner. Respectfully submitted, J. R. KINCAID, Chairman. Mr. Williams, Chairman of the Oonn11ittee on Pensions, submitted the following report: Mr. President: . T'he Committee on Pensions has had under consideration the following Senate bill which I am instructed to report back to the Senate with the recom- mendation that the same do not pass, to-"Wit-:. A bill to provide a way for Confederate veterans of Georgia who cannot make proofs to be admitted upon the pension rolls. The Committee has also had under consideration the following Senate bill which they have .instrucum me to report back to the Senate without action, to,-w;it: ' ll .. THURSDAY, JULY 27, 1911. 473 A biil to increase the pension of indigent Confederate veteran soldiers and their widows. Respectfully submitted, IsAIAH WILLIAMs, Chairman. Mr. Roberts, Chairman of the Oommittee on General Judiciary, sub:p:~itted 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 th~t the same do pass: A bill to be entiiled an Act to amend Code section 965 of the Code of 1910, volume 1. ' The Committee also recommended that the following Senate bill do pass, as amended: A bill to be entitled an Act to amend section 904 of the Penal Code of 19l0, prescribing the mode of changing the v~nue in criminal cases, and for other purposes. The Con;1mittee also recommended that the following Senate bill do not pass: A bill to be entitled an Act to make it prima facie evidence of guilt for any person running a blind tiger holding United States revenue license. 474 JouRNAL oF THE SENATE, The Committee also recommends that the followi,ng House bill do :pass:_ A bill to be entitled an Act to amend section 414 of Penal Code, to permit the transportation of ice and empty refrigerator cars on Sunday. The Committee also recommended that the following House bill do not pass: A bill to be entitled an Act to change section 2011 of the- Code of 1910. R.espectfu1ly submitted, W. T. RoBERTS, Chairman. Mr. Dickerson, Chairman of the Committee on Corporations, submitted the following report: Mr. President: 'l'he Committee on Corporations has had under comideration the following_ Senate bill which I am instiucted to report back to t~e Senate with the recommendation that the same do pass, to-wit: A bill to incorporate the town of Hull, partly in Clarke County and partly Madison County, Ga. The Committee 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: TlitJRsDAY, JuLY 27; 1911. 475 A bill to revise the charter of town of Ball Ground, in Cherokee County. A bill to revise the charter of the town of Leslie. A bill to incorporate the town of Weston, in the County of Webster. A bill tQ incorporate the town of Middleton. .. A bill to amend the charter of Climax. A bill to amend an Act approved November 4, 1889, to establish a syst~ of public schools in the town of Quitman. A bill to amend the charter of the town of Byromville. A bill to incorporate the town of Stonewall. A bill to amend an Act to abolish the present Board of Trustees of the North Georgia Agricultural College. A bill to amend the charter of the town of Palmetto. A bill to amend an Act.creating a system of public schools for the City of Marietta. A bill to amend the charter of City of Commerce. A b.iH to amend the charter of the town of Preston. 476 . JoURNAL OF THE SE.NATE, : Respectfully submitted, W. S. DICKERSON, Chairman. 1\fr. Bush, Chairman of the Committee on Agriculture, submitted the :following report: Mr. President: The Committee on Agriculture has had under consideration the follO'wing House bills which I am instructed to report back to the Senate with the recorumendation that the same do pass: A bill to be entitled an~ct to prohibit the shoot- ing, trapping, killing or emmaring any partridge, dove or other game bird in the County of Douglas for a period of three years. A bill to be entitled an Act to prohibit the shooting, trapping, killing, ensnaring in any manner part-ridge ,dove or other game bird in Hall County for a period of three years. Respectfully submitted, I. A. BusH; Chairman. Mr. Whitehead, Chairman of the Committee on Unive'rsity of Georgia, s~bmitted the following re- port: \,; Mr.. President: ..: Xhe Committee on Univer-sity of Georgia has had THURSDAY, JULY 27, 1~11. 477 under consideration the following House 'bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A bill to provide for the control and management of the Medical College of Georgia as a branch of the University of Georgia: Respectfully submitted, W. E. WHITEHEAD, Chairman. Mr. Grovenstein, Chairman of the Committee on Public Roads, submits the following report: Mr. President : The Committee on Public Roads has had under consideration House bill No. 316, a bill to be entitled an Act to regulate the traveling of log carts, trains, etc., over the roads of Colquitt County, and for other purposes, and they recommend that the same do pass. GROVENSTEIN, Chairman. Mr. President : A majority of the General Judiciary Comm~ttee having reported adversely Senate bill No. 59, which had been previously and favorably reported by the Temperance Committee, the undersigned members of said General .Judiciary Coni.mittee respectfully submit a minority report on said bill, and recommend that the same do pass. 478 JouRNAL OF THE SENATE, Respectfully submitted, J. H. FELKER, IRA. A. BusH, J. E. SHEPPARD, c. H. EDWARDS, s. J. DAVIS, c. B. MARSHALL. The following joint resolution was read and adopted: By Mr. Harris- A resolution. Resolved by the Senate, the Blouse concurring, that Hon. Woodrow Wilson be invited to address the General Assembly during the present session. This resolution was adopted. The following House bills were read first time: By Mr. Tippins- A bill to incorporate the City of Odum. Referred to Committee on Corporations. By Mr. Scott- A bill to incorporate the City of F'olkston, in Charlton County. Referred to Committee on Corporations. THURSDAY, JULY 27, 1911. 479 By Mr. Peyton~ A bill to repeal the Act creating the City Court of Sylvester. Referred to Special Judiciary Ommittee. By Mr. Hooper- A resolution for the relief of Thomas Ramsey, in Towns County. Referred to General Judiciary Committee. By Mr. MeltonA bill to amend the charter of the town of Parrott. By Mr. McC~ry. A bill to repeal the Act creating the City Court of Hartwell. Referred to Special Judiciary Committee. By Mr. Burney- A bill to repeal the Act creating the town of Bostwick. Referred to Committee on Corporations. By Mr. Strickland- 480 iouRNAL oF THE SENATE, A bill to repeal an Act creating the County Court ', of Pierce Co. Referred to General Judiciary Committee. By Mr. Ragsdale-- A bill to amend the Act establishing the City Court of Hiram. Referred to Committee on Education. By Mr. Gower- A bill to provide for hold'ing four tenns of the Superior Court of Crisp County. Referred to General Judiciary Committee. By Mr. Fredwick- A bill to amend the charter of the town of Mar- _ shalville. Referred to Committee on Corporations. By Mr. Miller- A bill to amend an Act approved August 10, 1908, establishing the Board of Commissioners of Rbads and Revenues for Calhoun County. Referred to Committee on Counties and County Matters. THURSDAY, JULY 27, 1911. 481 By Mr. Taylor-- A bill to amend the Act approved December 6th, 1900, establishing the City Court of Dublin. Referred to Special Judiciary Committee. By Messrs. Lawrence and McCarthy- A bill to authorize the Mayor and Aldermen of the City of Savannah to exercise ferry rights and to establish, own and operate a ferry across the Savannah River. Referred to Committee on Corporations. By Mr. Foster- A bill to amend an Act incorporating the town' of. Oxford. Referred to Committee on Corporations. By Mr. Beck- A bill to divide the County of Brooks into five Commissioner Districts. Referred to Committee on Counties and County Matters. By Mr. Moore- A bill to amend the charter of the City of Flovilla. 482 JOURNAL OF THE SENATE, Referred to Committee on Corporations. By Mr. Foster- A bill to amend an Act approved December 11, 1895, creating a new charter for the City of Covington, Ga., and also to amend an Act approved August 16,"1907, amending the Act creating a new charter for the City of Covington, Ga. Referred to Oommittee on Corporations. By Mr. Royal- A bill to establish a permanent Board of Education for the County of Schley. . Referred to Committee on Education. By Messrs. Slade and Wohlwender- A bill to provide for the election of the Judge and Solicitor of the City Court of Columbus by the qualified voters of Muscogee. Referred to General Judiciary Committee. / The following message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has passed by the requisite Constitu- THURSDAY, JULY 27, 1911. 483 tional majority the following bills of the House, to-wit: A bill to amend new charter of Dublin. .1 A bill to provide a new charter for Arlington. A bill to amend charter of City of Conyers. A bill to amend Act incorporating town of Moreland. A bill to incorporate town of Empire. A bill to amend Act establishing public school system in Elberton. The House has concurred in the Senate amendment to the following bill of the House, to-wit: A bill to amend Act creating office of Commissioner of Roads and Revenues for County of Oglethorpe. The House has passed, by the requisite Constitutional majority, the following bills of the Senate, to-wit: A bill to incorporate town of Cleveland. A bill to establish a charter for town of McCaysville. A bill to amend Acts incorporating City of Blue Ridge. 484 JoURNAL OF THE SENATE, A bill to amend Act authorizing town of Carlton to issue bonds. The following Senate bills were read third time and put upon their passage: By Mr. Dickerson- A bill to promote the public health, convenience and welfare Qf the people by draining swamp lands in this State. Report of the Committee was agreed to.. Upon the passage of the bill the ayes were 29; nays, 0. The bill having received the requisite Constitutional majority, was passed, as amended, and the amendments are as follows: Amend section 5 by adding after the word viewers in 4th line, on page 5, the fQllowing words: That non-resident land owners shall have written nQtice sent them by the Clerk of the Superior Cou'rt a~ least 30 days before said hearing. Amend by adding to section 17 the following pro~so: Provided, thRJt the right of appeal shall obtain in all cases of dispute as now provided by law and in accordance with this Act. Amend section 7 by striking out figures 1911 and insert 1910. THURsDAY, JuLY 27, 1911. 485 Amend section 40 by substituting the figures 1910 for 1911, where the same appears. Amend section 28 by adding to said section the following proviso : Provided, that said railroad coillipany shall have the right to make the said necessary across its right of way as required in said section. The following Senate bills were read first time: By Mr. Moore- A bill to amend an Act to create in the Treasury Department of the State, a bank bureau, and for other purposes. Referred to C~mmittee on Banks. By Mr. Shingler- A biU to provide for tax on all males of this State over the age of forty years who have never married. Referred to Finance Committee. By Mr. SpenceA bill to amend se<-', Isaiah Worley, S. T. Those not voting were Messrs.- Adams, G. W. Ennis, W. H. Hamilton, W. W. Spence, R. E. L. Mr. President. Ayes, 38; nays, 0. The bill having received the requisite Constitutional majority, was passed, and the bill is as follows: An Act to amend paragraph 2 of section 7 of article 6 of the Constitution of the State of Georgia1 limiting the Judisdiction of Justices of the Peace and Justices Courts by adding in said Section in the third line thereof, after the word "property" and before the word "when" the words, "And of Actions to Recover Possession of Chattles and Personal Property, in Actions of Trover," so that Justices Courts shall have Jurisdiction of actions of trover suits. THURSDAY, JULY 27, 1911. 491 SEcTIO::' 1. Be it enacted by the authority of the General Assembly of Georgia, That paragraph 2 of article 6 of the Constitution of the State of Georgia be amended by adding in said section in the third line thereof, after the word "property" and before he word ''when'' the words ''And of actions to recover possession of chattles and personal property, in actions <>f trover" so that said section when so amended shall read as follows, to-wit: Section 6524 (5856) Par. 2. Jurisdiction. Justice of the peace shall have jurisdiction in all civil cases arising ex contractu, and in cases of injuries or damages to personal property and of actions to recover possession of chattles and personal property, in action of trover, when the principal sum does not exceed one hundred dollars, and shall sit monthly at fixed times and places ; but in all cases there may be an appeal to a jury in said Court, or an appeal to the superior court, and under such regulations as may be prescribed by law. 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 the member,s 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 ill. 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 dir~cted, after having said amendment so published as aforesaid, to submit the 492 JOURNAL OF THE SENATE, same to the people at the next general election for the ratification or rejection by the qualified voters ofthis State. The form of such submission sha1l be as follows, to-wit: ''For ratification of amendment to paragraph 2, sootio11 -:, article 6, of the Constitution.'' '' Agaim>t ratification of amendment to paragraph 2, section 9, article 6, of the Constitution." SEc.. 3. Be it further enacted by the authority aforesaid, That all laws in conflict with be, and the same are, hereby repealed. By Mr. Cromartie- A bill to repeal an Act entitled an Act to establish the City Court of Hazlehurst, in J e:ff Davis County. Report of the CoiQmittee was agreed to. Upon the passage of the bill the ayes were 39; nays, 0. The bill having received the requisite Constitutional majority, was passed. The following Senate bill was read first ti.nre: By Mr. Sheppard-A bill to amend an Act to amend, revise ~d con- THURSDAY, JULY 27, 1911. 493 solidate the several Acts granting corporate authority to the City of Americus. Referred to Committee on Corporations. The following resolution was read first time: By Mr. Bush- Resolved, That Senate bill No. 59 be and the same is hereby made the special and continuing order for . next Tuesday, immediately after the reading of the . journal. Referred to Committee on Rules. The following bill of the House was read third time and put upon its passage: By Messrs. Price and Blackshear- A bill to provide for the control and management of the Medical College of Georgia as a branch of the University of Georgia. 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.- Aaron, 0. B. Adams, G. W. Beauehamp, J. C. Blalock, A. 0. Brown, J.P. Crawford, W. D. Oapelan, E. A. Cromartie, J. A. Culbreflh, T. G. 494 JoURNAL oF THE SENATE, Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Ennis, W. H. Felker, J. H. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. King, W. W. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Oliver, T. W. Owens, C. T. Prather, J. D. Roberts, W. T. Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehe~d, Walter Williams, Isaiah Worley, S. T. Those voting in the negative were Messrs.- Blalock, H. C. Bush, I. A. Shaw, Emmett Those nat voting were Messrs.- Edwards, C. H. Graham, L. C. Kincaid, J. B. Mr. President. Ayes, 37 ; nays, 3. The bill having received the requisite Constitutional majority, was passed, and ordered immediately transmitted to the House. Mr. Duggan was granted leave of absence. On motion, the Senate adjourned until tomorrow morning at 10 o'clock. FmDAY, JULY 28, 1911. 495 SENATE CHAMBER, ATLANTA, GA., Friday, July 28, 1911. The Senate met pursuant to adjournment at 10 o'clock; was called to order by President. Prayer was offered by the Chaplain. Upon the call of the roll, the following members answered to their names: Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Oopelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Douglass, J. B. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, W. W. -Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morrs, W. S. Oliver, T. W. Owens, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Mr. President.. Those absent were Messrs.- Dickerson, W. T. Duggan, C. I. The journal of yesterday was read and approved. Mr. Kincaid, Chairman of the Committee on Engrossing, submitted the following report : Mr. President: . The Committee on Engrossing has examined and 496 JOURNAL OF THE SENATE, found properly engrossed and ready for transmission to the House of Representatives, the following bills of the Senate, to-wit: A bill to amend Code section 965, volume 1, of the Code of 1910. A bill to amend an Act dividing the Brunswick Circuit and creating the new Waycross Judicial Cir- cuit. A bill to repeal an Act to esta:blish the City Court of Hazlehurst. A bill to amend paragraph 2 of section 7 of article 6 of the Constitution of Georgia, so as to give Justice Courts jurisdiction of trover ca-ses. A bill to make valid any contract or promissory note executed by a minor for a loan for educational purposes of any educational trust fund from the University of Georgia. Respectfully submitted, J. R. KINcAID, Chairman. Mr. Cromartie, Chairman of the Committee on Railroads, submitted the following report: Mr. President: The Committee on Railroads has had under consideration the following Senate bill which I am in- FRIDAY, JULY 28, 1911. 497 structed to report back to the Senate with the recommendation that the same do pass, by substitute, towit: A bill to require railroad companies to provide separate ticket windows and ticket agents in certain cities and towns in this State to handle mileage and mileage tickets. Respectfully submitted, J NO. A. CROMARTIE, Chairman. Mr. Beauchamp, Chairman of the Committee on Education, submitted the following report: Mr. President: The Committee on Education has had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, by substitute, towit: A bill to provide for issuing bonds for the purpose of building school houses in school districts in which a local tax is now or may hereafter be levied. Respectfully submitted, J. C. BEAucHAMP, Chairman. Mr. Mann, Chairman of the Committee on Special Judiciary, submitted the following report: 498 JoURNAL OF THE SENATE, Mr. President: The Committee on Special Judiciary has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A bill to amend an Act to establish the City Court of Swainsboro. The Committee has also had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, as amended, to-wit: A bill to abolish the City Court of Cordele. Respectfully submitted, W. S. MANN, Chairman. July 28, 1911. The following message was received from His Excellency, the Governor, through his Secretary, Mr. Johnston, to-wit: Mr. President: His Excellency, the Governor, has approved and signed the following Senate 'resolution, to-wit: A resolution endorsing the efforts now being made to secure universal peace. FRIDAY, JULY 28, 1911. 499 The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has passed, by the requisite constitu_tional majority, the following bills of the House, to-wit: A bill to amend Act to establish City Court of Athens. A bill to abolish County Court of J e:fferson County. A bill to create City Court of Louisville. A bill to provide for special electi'On for County School Commissioners. A bill to abolish Commissioners of Roads and Revenues for White County. A bill to amend charter of Thomasville. A bill to amend charter of City of Sylvester. A bill to establish new charter for City of Gainesville. A bill to amend Constitution relative to public schools. 500 JOURNAL OF THE SENATE, The House has concurred in the following resolution of the Senate, to-wit: A resolution inviting Hon. Woodrow Wilson to address the General Assembly. By unanimous consent, the following House bills were taken up with Senate amendments, in which the House refuses to concur. On motion of Senator Aaron, the Senate receded from its amendment to the following bill: By Mr. Brinson- A bill to repeal an Act to establish Board of County Commissioners of Jenkins County. By Mr. Brinson- A bill to establish a Board of Commissioners of Roads and Revenues of Jenkins. The Senate insists on its amendment to the above stated bill, as amended, and the amendment is as follows: By striking from the 13th line the following word, three, and inserting in lieu thereof five. Senate further amends by striking from the 13th and 14th lines the names and words W. S. Godbee, Dr. Rylan, Heywood Cox, and inserting in lieu thereof J. R. Applewhite, H. W. Parker, B. L. Lane, H. L. Chichester and J. R. Turner. The following Senate bills were read first time: By Mr. Slaton- FmDAY, JULY 28, 1911. 501 A bill to provide for the return of attachments, and for other purposes. Referred to General Judiciary Committee. By Mr. Brown- A bill to establish a new charter for the town of Ohoopee. j Referred to Committee on Corporations. By Mr. Blalock of 40th- A bill to amend the Act approved November 12, 1889, amending charter of town of Tallulah Falls. Referred to Committee on Corporations. By Messrs. Oliver and Davis- A bill to provide for the sanitation of bakeries, canneries, packing houses, slaughter houses, and other places in this State. Referred to Committee on Hygiene and Sanitation. By Mr. Dickerson- A bill to repeal the Act creating the office of Commissioners of Roads and Revenues of Coffee County. 502 JouRNAL oF THE SENATE, Referred to Committee on Counties and County Matters. By Mr. King- A bill to amend an Act to consol1date and amend the several Acts corporating the City of BrunSwick. By Mr. Dickerson- A bill to create a Board of Commissioners of Roads and Revenues of Coffee County. Referred to Committee on Counties and County Matters. By Messrs. Edwards, Kincaid and Oliver- A bill to take all taxes off of dogs in this State and to repeal conflicting laws. Referred to Finance Committee. By Mr. Felker- A bill to inquire into the disqualifications of any Judge of Superior, City, County and Justice Courts in this State. Referred to General Judiciary Committee. Senate bill No. 81 was withdrawn from the General Judiciary Committee and referred to the Special Judiciary Committee. FRIDAY, JULY 28, 1911. 503 The following Senate bill was taken up with adverse report of Committee. The bill was read second time. By Mr. Sheppard- A bill to require all State House officers and other officers to make monthly reports to Secretary of State of amounts of money received from fees. On the question as to agreeing to the report of the Committee, the previous question was called and sustained, and the main question ordered. On agreeing to the report of the Committee, the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were Messrs.- Blalock, A. 0. Crawford, W. D. Cromartie, J. A. Culbreth, T. G. Douglass, J. B. Felker, J. H. Grovenstein, A. N. Kincaid, J. B. Mann, W. S. Morris, W. S. Roberts, W. T. Rpen~:e, R. E. L. Those voting in the negative were Messrs.- Aaron, 0. B. Adams, G. W. Brown, J.P. Bush, I. A. Davis, J. S. Graham, L. C. Hamilton, W. W. Harris, W.J. Kight, W. N. King, w. w. Marshall, C. B. Mayson, J. W. Moore, 0. A. Oliver1 T. W. Prather, J. D. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Whitehead, Walter Williams, Isaiah Worley, S. T. 504 JouRNAL OF THE SENATE, Those not voting were Messrs.- Beauchamp, J. C. Blalock, H. C. Oapelan, E. A. Dickerson, W. T. Duggan, C. I. Edwards, C. H. Ennis, W. H. Hill, T. F. Hullender, W. C. Owens, C. T. Mr. Prer.ident. Ayes, 12 ; nays, 21. The report was disagreed to. The following resolution was read : By Mr. Sheppard- A resolution. Resolved, That Senate bill No. 88 be made special and continuing order for Monday next, after the reading of the journal. Referred to Committee on Rules. The following House bill was read second time and re-committed to the Committee on Counties and County Matters. By Mr. Gower-. A bill to provide for change of County lines between Counties of this State having a population of not less than 16,422. The following Senate bill was read first time: ByMrBush- A bill to give to all courts having original juri&- ~FRIDAY, JULY 28, 1911. 505 diction in criminal cases power to suspend execution of sentence in certain cases. Referred to General Judiciary Committee. The following Senate resolution was read third time and put upon its passage: By Mr. Blalock of 26th- Resolved, That the Treasurer shall keep separate all funds for educational purposes. Report of the Committee was agreed to. Upon the passage of the resolution the ayes were 28; nays, 0. The resolution having received the requisite Constitutional majority, was passed and order immediately transmitted to the House. By unanimous consent, the following Senate bill was read third time and put upon its passage: By Mr. Bhaw- A bill to require railroad companies doing business in this State to provide separate ticket windows for the purpose of exchanging tickets for mileage. Report of the Committee wa:s agreed to. Upon the passage. of the bill the ayes were 32; nays, 0. 506 JOURNAL OF THE SENATE, The bill having received the requisite Constitutional majority, was passed, by substitute. By unanimous consent, Senate bill No. 111 was withdrawn from the Counties and County Matters Committee and referred to General Judiciary Committee. The following Senate bill was read first time: By Mr. Harris- A bill to amend section 2299 of the Code. Referred to Committee on Banks. The following Senate bill was read third time and put upon its passage: By Mr. Felker- A bill to amend section 964 of the Code, relative to changing venue in criminal cases, Report of the Committee was agreed to. Upon the passage of the bill the ayes were 31 ; nays, 0. The bill having received the requisite Constitutional majority, was passed, as amended, and the amendments are as follows: Amend by adding after the word "lynched'' in FruDAY, JULY 28, 1911. 507 the lOth line of section 1, the following words, towit: "or there is danger of violence being attempl ted to be committed on said accused.'' Also, by adding after the word lynching in the 18th line, of section 1, the following words, to-wit: ''or other violence.'' Also, by adding after the word court in the 25th line in section 1, the following words, to-wit: Provided that said prisoner shall present said bill of exceptions to the judge hearing said motion within six days after the refusal to grant said motion. Said bill of exceptions shall be filed in the office of Superior Court of the County of the alleged crime within two days after being signed by the judge, and said Clerk shall transmit said bill of exceptions and the required record of said case as early as possible and not exceeding ten days from the filing in said office to the Supreme Court. Also, after the word causes in the 27th line of said section the following, to-'wit: Provided that should the Supreme Court not be in session at the time said writ of error is received in said Court, it shall be the duty of the Clerk of said Supreme Court to at once notify the Chief Justice of said Court or in his absence or illness any other Justice of said Court of the receipt of said writ of error and it shall be the duty of said Justice to at once convene said Supreme Court for the purpose of hearing said case. The following House bills were read first time: 508 JoURNAL oF THE SENATE, By Messrs..Brannon and Kirby- A bill to amend the Act incorporating the town of Moreland. Referred to Committee on Corporations. By Mr. Adams- A bili to establish a new charter for the City of Gainesville. Referred to Committee on Counties and County Matters. By Mr. Hardeman- A bill to create the City Court in Louisville. Referred to Special Judiciary Committee. Ey Messrs. Cordell and Stovall- A bill to amend the Act providing for a syste:vt of public schools for the town of Elberton. Referred to Committee on Education. By Messrs. Rawlins and Deese-- A bill to incorporate the town of Empire. Referred to Committee on Corporations. FmDAY, JULY 28, 1911. 509 By Messrs. Williams and Murphy- A bill to provide for special election for County School Commissioners. ' Referred to Committee on Education. By Mr. Jackson- A bill to abolish the Commissioners of Roads and Revenues of White County. Referred to Committee on Counties and County Matters. By Mr. Hopkins- A bill to amend the charter of the City of Thomasville, so as to provide for two voting precincts. Referred to Committee on Corporations. By Messrs. Stovall and Cordell and Cabaniss- A bill to amend article 8, section 1, paragraph 1, of the Constitution. Referred to Committee on Constitutional Amendments. By Mr. Payton- A bill to amend the charter of the City of Sylvester. 510 JOURNAL. OF THE SENATE, Referred to Committee on Corporations. By Mr. DuBose of Clarke- A bill to amend an Act to establish a City Court in Clark County. Referred to Special Judiciary Committee. By Mr; Miller- A bill to provide a new charter for the town of Arlington. Referred to Committee on Corporations. By Mr. Almand- A bill to amend, revise and change the charter of the City of Conyers. Referred to Committee on Corporations. By Mr. Hardeman- A bill to abolish the County Court of Jefferson County. Referred to Special Judiciary Committee. By Mr. W , hite- A bill to amend the several laws of the new charter of Dublin. FRIDAY, JULY 28, 1911. 5H Referred to Committee on Corporations. The following Senate bill was read second time: By Mr. Hill- A bill to incorporate Homer School District, m Banks County. The following Committee was appointed to serve on the joint committee to investigate the Agri~ul tural Department: Senators Bush, Harris and Cromartie. The following resolution was read and adopted: By Mr. Roberts- Resolved, T'hat when the Senate adjourns today1 it stand adjourned until Monday morning at 11 :00 o'clock. Leave of absence was granted Senators Owens and Dickerson. On motion, the Senate adjourned until Monday morning at 11 :00 o'clock. 512 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., Monday, July 31, 1911. The Senate met pursuant to adjournment at 11 o'clock; was called to order l)y the President. Prayer was offered by the Chaplain. Upon the call of the roll, the following members answered to their names : Aaron, 0. B. Adlims, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid. J. B. King, W. W. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Oliver, T. W. Owens, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sheppad, .J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Mr. President. Those absent were Messrs. : Duggan, C. I. Notice was given that at the proper time a motion would be made to reconsider the action of the Senate in passing Senate bill No. 14. The journal of Friday was read and approved. MONDAY, JULY 31, 1911. 513 Mr. Slaton, Chairman of the Committee on Rules, submits the following report: Mr. President : The Committee on Rules has had under consideration the following resolutions, which it instructs me to report back to the Senate with the recommendation that the same be not adopted: A resolution setting Senate bill No. 88 special order for Monday. A resolution setting Senate bill No. 59 for special order for Tuesday. Respectfully submitted, JOHN M. SLATON, Chairman. . Mr. Shaw moved to reconsider the action of the Senate in passing the following bill of the Senate by substitute on Friday. By Mr. Shaw- A bill to require railroads to furnish separate windows for the purpose of exchanging tickets for mileage. The bill was reconsidered. Mr. Dickerson asked unanimous consent to withdraw Senate bills Nos. 147 and 148, which were introduced in hiR absence. \ 514 JOURNAL OF THE SENATE, Mr. Roberts, Chairman of the General Judiciary Committee, submits the following report: Mr. President: The General Judiciary Committee has had under 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 make it unlawful for any person to lobby or attempt to influence any grand, traverse or tales JUror. A bill to amend section 3059 of volume one of the Code. A bill to g1ve three nearest adult relatives or guardian the right to waive the ten days' notice of time and place of commitment. .A bill to regulate increase or decrease of capital stock of life insurance companies. A bill to permit railroad companies to grant free passes to ex-Confederate veterans. A bill to provide for the appointment of the Attorney for the Railroad Commission with the advice of the Senate. A bill to amend section 609 of volume 2 of the Code. I MoNDAY, JULY 31, 1911. 515 The Committee also recommends that the following bills of the House do pass : A bill to provide that suits pending shall not affect the rights of third parties. A bill to amend section 331 of the Code of 1910. A bill to provide for the appointees to fill vacanCies m office of Judge, Solicitor and Clerk of any Court. A bill to amend section 4193 of the Civil-Code. A bill to amend the charter of the town of Brooklet. A bill to provide for holding three terms of Cobb Superior Court. A bill to provide for holding four terms of Worth Superior: Court. Respectfully submitted, W. T. RoBERTs, Chairman. Mr. Marshall, 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- 516 JOURNAL OF THE SENATE, sion to the House of Representatives, the following Senate bills and resolutions, to-wit: A bill to amend section 964 of the Penal Code of 1910, prescribing the mode of cllanging the venue in criminal cases. A resolution relative to the common school fund. A bill to promote the public health and welfare by draining swamp lands in this State and providing for drainage districts. Respectfully submitted, C. B. MARSHALL, Vice-Chairman. Mr. Morris, Chairman of the Committee on Banks, submitted the following report: Mr. President : The Committee on Banks has had under e<_msideration the following Senate bills, and recommend that the same do pass, to-wit: A bill to be entitled an Act to amend section 2300 of the Civil .Code of 1911, relative to fees to be paid by banks for the examination of the same, so as to increase the fees to be paid for such examination. A bill to be entitled an Act to amend section 2283 of the Civil Code of 1911, relative to the powers and duties of assistant bank examiners and their com- MoNDAY, JuLY 31, 1911. 517 pensation, so as to provide for as many assistants as the State Treasurer may deem necessary. The Committee has also had under consideration the following Senate bill which they have instructed me to report back with the recommendation that the same do pass, as amended, to-wit: A bill to be entitled an Act to amend section 2299 of the Code of 1910, relating to examinations of banks of this State. The Committee has also had under consideration the following Senate bill which they have instructed me to report back wjth the recommendation that the same do pass by substitute, to-wit: A bill to be entitled an Act to amend an Act to create in the Treasury Department of the State of Georgia a Bank Bureau; to provide for the appoint.,. ment of a Bank Examiner and Assistant Bank Examiners; constituting said Bank Bureau. The Committee has also had under consideration the following House bill which they have instructed me to report back with the recommendation that the same do pass, to-wit: A bill to be entitled an Act to add the town of Eatonton, in the County of Putnam, to the list of State Depositories. Respectfully submitted, W. S. MoRRis, Chairman. 518 JouRNAL oF THE SENATE, Mr. Davis, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: The Committee on Counties and County Matters 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 establishing a Board of Commissioners of Roads and Revenues for the County of Calhoun. A bill to divide the County of Brooks into five (5) Commissioner Districts. A bill to establish a new City charter for the City of Gainesville. Respectfully submitted, J. S. DAVIS, Chairman. Mr. Dickerson, Chairman of the Committee on Corporations, submitted the following report: Mr. President: The Committee on Corporations has had under consideration the following Senate bills which I am instructed to report back to the Senate, with the r~commendation that the same do pass, to-wit: MoNDAY, JuLY 31, 1911. 519 A bill to establish a new charter for the town of Ohoopee. A bill to amend and consolidate the several Acts granting corporate authority to the City of Americus. A bill to amend the charter of the City of Brunswick. 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 Moreland. A bill to provide a new charter for the town of Arlington. A bill to incorporate the town of Empire. A bill to amend the charter of Dublin. A bill to incorporate the City of Odum, in the County of Wayne. A bill to amend the charter of the town of Oxford. A bill to amend the charter of the City of Sylvester. A bill to revise the charter of the City of Conyers. 520 JouRNAL oF THE SENATE, A bill to amend the charter of the City of Thomasville. A bill to amend the charter of the City of Covington. A bill to incorporate the City of Folkston. A bill to amend the charter of town of Marshallville. A bill to repeal an Act to incorporate the town of Bostwick. A bill to amend the charter of the City of Flovilla. A bill to authorize the Mayor and Aldermen of the City of Savannah to exercise ferry rights and to operate a ferry across the Savannah River. A biH to amend the charter of the town of Parrott, in Terrell County. The Committee has also had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, as amended, to-wit: A bill to amend an Act approved November 12, 1889, amending the charter of the town of Tallulah Falls. Respectfully submitted, W. S. DICKERSON, Chairman. MoNDAY, JuLY 31, 1911. 52.1 Mr Spence, Chairman of the Committee on Military affairs, submitted the following report: Mr. President: The Committee on Military Affairs, has had under consideration the following Senate bills, and have instructed me to recommend that the same do pass, to-wit: A bill to anrend section 1434, providing the duty of the Governor in reference to calling out the militia. A bill to amend section 414, forbidding and making criminal the running of trains on the Sabbath. A bill to repeal section 1435, volume 2, of Code 1910, authorizing the calling out of the organized militia by the Sheriff, Judge, or Mayor, under certain conditions. A bill to change the present system of the management of the Confederate Soldiers' Home of Georgia. Respectfully submitted, RoBERT E. L. SPENCE, Chairman. The following message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has passed, by the requisite .Constitu- 522 J OUBNAL OF THE SENATE, tional majority, the following bills of the House, to-wit: A bill to amend section 3137, Code 1910, relating to laws of work in certain factories. A bill to repeal Act establishing City Court of Washington. A bill to amend Act incorporating City of Rays Mill. A bill to amend charter of City of Moultrie. A bill to amend Act creating Board of Commissioners of Roads and Revenues for Floyd County. A bill to require Board of Commissioners of Roads and Revenues of Coweta County to work roads in incorporated towns. A bill to amend Act to re-incorporate town of A del. A bill to amend Act to incorporate town of Aldora. A bill to change time of holding City Court of Richmond. A bill to amend Act creating Board of County Commissioners of Thomas County. A bill to amend Act establishing public schools for Thomasville. MoNDAY, JULY 31, 1911. 523 A bill to abolish City Court of Wrightsville. A bill to repeal Act establishing City Court of Ocilla. A bill to regulate the killing of cattle, etc., in Turner County. A bill to create a Department of Labor. A bill to amend charter of City of Oglethorpe. A bill to repeal Act to establish City Court of Quitman. The House has concurred in Senate amendments to the following bills of the House, to-wit: A bill to repeal Board of County Commissioners of Jenkins County. A bill to establish Board of County Commissioners of Jenkins County. A bill to amend section 1249, Code 1910, relative to State Depositories. The following message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The following members were appointed as Committee on part of House under provisions of House 524 JOURNAL OF THE SENATE, resolution No. 11, to investigate the State Agricultural Department: Messrs. Ault, Hixon, Wimberly, Cabaniss, Bush. The House has also adopted the following resolution of the House, to-wit: A resolution authorizing Committees of House and Senate to visit University of Georgia during the interim. The following Senate bills were read first time: By Mr. Cromartie- A bill to amend an Act entitled an Act incorporat- ing the town of Hazlehurst, in the Counties of Ap- pling and Coffee. Referred to Committee on Corporations. By Mr. Harris- A bill to amend the Act to regulate the business of insurance in this State. Referred to Finance Committee. MoNDAY, JuLY 31, 1911. 525 By Mr. Cromartie- A bill to amend an Act approved December 18, 1901, authorizing the establishment of system of public schools for the town of Hazlehurst. Referred to Committee on Education. ' By Mr. King- A bill to make unlawful the payment of more than 10 per cent. commission or compensation to agents, brokers or other persons for selling insurance stock. R~ferred to Finance Committee. By Mr. Crawford (by request)- A bill to regulate the compressing of cotton in this State. Referred to Committee on Agriculture. The following Senate resolutions were read first time: By Messrs. Kincaid and Edwards- A resolution giving the acquisition of any lands within the confines of the State which the Unitlwt States may deem desirable to acquire under authority of Act of Congress. Referred to Internal Improvement Committee. 526 JouRNAL OF THE SENATE, By Mr. Beauchamp- A resolution inviting the General Assembly to visit Macon on next Saturday. This resolution was adopted. By Mr. Shaw- Resolved That Senate bill No. 112 be made special order for tomorrow. This resolution was referred to Committee on Rules. The following House bills were read first time: By Mr. Frederick- A bill to amend the charter of the town of Oglethorpe. Referred to Committee on Corporations. By Mr. Foster- A bill to amend the Act creating the Board of Commissioners of Roads and Revenues of Floyd County. Referred to Committee on Counties and County Matters. MoNDAY, JuLY 31, 1911. 527 By Mr. Hires- A bill to amend the charter of the City of Moultrie. Referred to Committee on Corporations. By Mr. Blackshear- A bill to change the time for holding regular terms of Richmond City Court. Referred to General Judiciary Committee. By Messrs. Hopkins and Reece- A bill to amend the Acts approved December 21, 1898, establishing Board of Commissioners of Roads and Revenues for 'Illiomas County. Referred to Committee on Counties and County Matters. By Mr. Booker- A bill to repeal the Act establishing the City Court of Washington. Referred to Special .Judiciary Committee. By Mr. Patten- A bill to amend the. Act incorporating the City of Rays Mill. Referred to Committee on Corporations. 528 JOURNAL OF THE SENATE, By Mr. Gardner-- A bill to amend the Act incorporating the town of Aldora, in Pike County. Referred to Committee on Corporations. By Mr. Hopkins- A bill to amend an Act establishing a system of public schools for the City of Thomasville. Referred to Committee on Education. By Mr. Beck- A bi1l to repeal an Act establishing the CitY Court of Quitman. Referred to Special Judiciary Committee. By Messrs. McCarthy, Anderson, Lawrence of Chatham, and Slade of Musoogoo-- A bill to create a Department of Labor, and for other purposes. Referred to Committee on Labor and Labor ~tatistics. ~y Messrs. Tippins and TarverA bill to amend section 3137, volume 1~ of the MoNDAY, JuLY 31, 1911. 529 Code of 1910, relating to hours of labor in cotton mills. Referred to General Judiciary Committee. By Mr. Stephens- A bill to abolish the City Court of Wrightsville. Referred to Special Judiciary Committee. By Mr. Henderson- A bill to regulate the killing of hogs, cattle and sheep in Turner County. Referred to Committee on Agriculture. By Messrs. Kirby and Brannon- A bill to require County Commissioners of Coweta County to work all main roads of towns in Coweta County. Referred to Committee on Counties and County Matters. The following House res-olution was read first time: By Mr. DuBose- A resolution authorizing the Committees of the House and Senate to visit the University of Georgia during the interim. 530 JoURNAL OF THE SENATE, This resolution was adopted. The following Senate bills were read second time: By Mr. Spence- A bill to amend section 414 of the Code. By Mr. Blalock of 40th District- A bill to amend the charter of town of Tallulah. By Mr. Harris- A bill to amend section 2299 of the Code. By Mr. King- A bill to amend the several Acts incorporating the City of Brunswick. By Mr. Sheppard- A bill to amend, revise, consolidate and supercede the several Acts incorporating the City of Americus. By Mr. Sheppard- A bill to permit railroad companies in this State to grant free passes to Confederate veterans. By Mr. HarrisA bill to appoint a committee to procure bids and MoNDAY, JuLY 31, 1911. 531 drawings for monument for Confederate veterans, soldiers and women. By Messrs. Edwards, Kincaid and Graham- A bill to give the nearest relatives the right to waive 10 days notice of time and place of commitment. By Mr. Crawford- A bill to provide for the appointment of attorney of Railroad Commission and with advice of Senate. By Mr. Shingler- A bill to amend section 2300 of the Code. By Mr. Sheppard- A bill to regulate the increase or decrease of Capital stock of insurance companies. . By Mr. Whitehead- A bill to amend an Act incorporating the town of Hull, in Clarke County. By Mr. Be~Ichamp-- A bill to provide for the issuing of bonds for the purpose of building school houses. 532 JouRNAL OF THE SENATE, By Mr. Moore- A bill to amend the Act creating the Treasury Department of the State of Georgia a Bank Bureau. By Messrs. Kincaid and EdwardsA bill to amend section 609 of the Code. By Mr. Crawford- A bill to amend section 3059 of the Code. By Mr. Spence- A bill to amend section 1434 of the Code. By Mr. Spence- A bill to change the present system of the management of the Confederate Soldiers' Home of Georgia. By Mr. Spence- A bill to repeal section 1435 of volume 2 of the Code. By Mr. Copelan- A bill to make it unlawful for any person to lobby with any grand, petit or traverse juror. MoNDAY, .TuLY 31, 1911. 533' By Mr. Shingler- A bill to amend section 2283 of the Code. By Mr. Brown- A bill to establish a new charter for the town of Ohoopee. Senate bill No. 33 was withdrawn from the Immigration and Labor Committee and referred to the General Judiciary Committee. The following House bill was read first time: By Mr. Patten- A bill to amend the Act incorporating the town of Adel. Referred to Committee on Corporations. The following Senate bill was read third time and put upon its passage: By Mr. Sheppard- A bill to require all State House officers and officers and appointees of any department of State and County affairs to make monthly statements to Secretary of State of all fees received by them. Report of the Committee was agreed to, as amended. 534 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.- Aaron, 0. B. Ad31IllS, G. W. Beauchamp, J. C. Blalock, A. 0. Blalock, H. C. Brown, J.P. Bush, I. A. Douglass, J. B. Graham, L. C. Hamilton, W. W. Harris, W. J. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, W. W. Marshall, C. B. Mayson, J. W. Moore, 0. A. Oliver, T. W. Prather, J. D. Shaw. Emmett Shingler, J. S. Rheppanl, J. E. Wlritehead, Walter William<:, Isaiah Worley, S. T. Those voting in the negative were Messrs.- Crawford, W. D. Cromartie, J. A. Dickerson, W. T. Edwards, C. H. Ennis, W. H. Felker, J. H. Grovenstein, A. N. Mann, W. S. Mor'I''S, W. S Roberts, W. T. Those not voting were Messrs.- Copelan, E. A. Culbreth, T. G. Davis, J. S. Duggan, C. I. Hill, T. F. Owens, C. T. Spence, R. E. L. !lfr. President. Ayes, 26; nays, 10. The bill having received the requisite Constitutional majority, was passed, as amended, and the amendments are as fo1lows : Amended by adding after the word State House officers in 4th line of section 1, the following: All Solicitors-General and Solicitors of City and County Courts, Judges City and County Courts, and Sheriffs. MoNDAY, JuLY 31, 1911. 535 Amend by adding after section 2 the following: Provided, this shall not apply to Justices of the Peace and Constables. Amend by striking from the bill the words Secretary of State, where it occurs, and inserting Comptroller-General. Amend by striking out the word monthly, occurring in sections 1 and 4, and inserting the word quarterly. Amend by striking out tM word month, where it occurs in sections 1 and 2, and inserting in lieu thereof the word quarterly. The following House bills were read second time: By Mr. Foster- A bill to amend the Act incorporating the town of Oxford. By Mr. Burney- A bill to amend an Act to establish a City Court of Madison, in the City of Madison, in and for the County of Morgan. By Mes-srs. Stovall and CordellA bill to incorporate the town of Middleton. 536 JouRNAL OF THE SENATE, By Mr. Brinson- A bill to establish the City Court of Millen, in and for the County of Jenkins; to define its jurisdiction and powers. By Mr. Ragsdale- A bill to prohibit the shooting, trapping, killing, ensnaring, netting or destroying in any manner, any partridge, dove or otiier game bird in the County of Paulding. By Mr. Summerlin- .A bill to prohibit the shooting, killing, netting or otherwise entrapment of game birds in Haralson County. By Mr. Parker- A bill to amend the Board of Commissioners laws as regards Liberty County. By Messrs. Lawrence, Anderson and McCarthy- A bill to authorize the Mayor and Aldermen of the City of Savannah to exercise ferry rights and to establish, own and operate a ferry across the Savannah River. By Mr. LonginoA bill to incorporate the town of Stonewall, in the MoNDAY, JuLY 31, 1911. 537 County of Campbell, provide for its offi~rs, prel!lcribe its powers and duties, to provide for the raising of its revenues. By Mr. Anderson- A bill to reapportion the members of the House of Representatives among the several Counties of this State, according to the last census of the U. S. By Mr. White- A bill to alter and amend the several laws of the new charter of Dublin. By Mr. Montgomery- A bill to amend the charter of the town of Preston, to provide for said town of Preston to issue bonds, as provided by law; to buy, own, operate an electric light plant; to appoint or elect tax assessors for said town. By Mr. Almand- A bill to amend, revise and enlarge the charter of the City of Conyers, in Rockdale County. By Messrs. Brannon and Kirby- A bill to amend the Act incorporating the town of Moreland. 538 JOURNAL OF THE SENATE, By Mr. Frederick- A bill to amend the charter of the town of Marshall ville, Georgia. By Mr. Burney- A bill to repeal an Act to incorporate the town of Bostwick, in Morgan County. By Mr. Adams- A bill to establish a new charter for the City of Gainesville. By Mr. Hopkins- A bill to amend the charter of the City of Thomasville, in the State of Georgia, so as to provide for tw'Ubmitted, W. W. HAMILTON, Chairman. The following Senate bill was read third time and put upon its passage: MoNDAY, AuGUST 7, 1911. 667 By Mr. Dickerson- A bill to create a new charter for the town of DuPont, in Clinch County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29; nays, 0. The bill having received the requisite Constitutional majority, was passed. By unanimous com;ent, the following Senate bill was read second time and recommitted: By Mr. Copelan- A bill to make it a misdemeanor to draw any check, draft or order who has not sufficient funds to pay same when presented. The following Senate bills and resolution were read first time: By :Mr. Slaton- A resolution requesting our Representatives in Congress to vote in favor of ,a joint resolution to terminate the aforesaid mentioned treaty between the United States and Russia. This resolution was adopted. 668 .JOUBNAL OF THE SENATE, By Mr. Slaton- A bill to provide for tuition in Technological School of the State of Georgia. Referred to Committee on Education. By Mr. Kight- A bill to amend an Act incorporating the City of Swainsboro. Referred to Committee on Corporations. By Mr. Dickerson (by request)- A bill to amend section 416 of the Code in relation to violation of the Sabbath. Referred to General .Judiciary Committee. The following House bills were read first time: By Mr. Harvey- A bill to amend the Act establishing the City Court of Abbeville. Referred to Special Judiciary Committee. The following Senate. bill was read second time and recommitted: MoNDAY, AuGUST 7, 1911. 669 By Mr. Harris- A bill to provide the efficiency of the Military Department of the State. The following House bills were read second time: By Messrs. McCarthy and Anderson of Chatham, Lawrence and Slade of Muscogee- A bill to create a Department of Labor m this State. On motion this bill was recommitted. Mr. Sheppard moved to reconsider the action of the Senate in recommitting this bill, and on this motion the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were Messrs.- Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Bush, I. A. Davis, J. S. Douglass, J. B. Duggan, C. I. Felker, J. H. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, W. W. Mayson, J. W. Morris, W. S. Oliver, T. W. Roberts, W. T. Shaw, Emmett Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Those voting in the negative were Messrs.- Crawford, W. D. Copelan, E. A. Culbreth, T. G. Dickerson, W. T. Ennis, W. H. Graham, L. C. Prather, J. D. Shingler, J. S. 670 JOURNAL OF THE SENATE, Th-ose not voting were Messrs.- Brown, J.P. Cromartie, J. A. Edwards, C. H. M:ann, W. S. l\Iarshall, C. B. Moore, 0. A. Ayes, 28; nays, 8. Owens, C. T. ::\fr. President The motion prevailed. By Mr. Fields- A bill to amend the Act authorizing the election of Commissioners of Roads and Revenues of DeKalb County. This bill was recommitted. The fo11owing Senate resolution was read first time: By l\Ir. Spence- A resolution providing for the appointment of a Board of Commissioners for the San Francisco Exposition to be held in 1915. This resolution lay on table for one day. The following Senate bill was read third time and put upon its passage: By Messrs. Kincaid and Edwards- A bill to prohibit the floating of sawdust in the streams of this State. MoNDAY, AuGUST 7, 1911. 671 Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. The following House bills were read third time and put upon their passage: By Mr. Calhoun- A bill to amend the several Acts incorporating Cartersville. 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 apssed. By Mr. Burney- A bill to incorporate the City of Bostwick, in Morgan County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 30; nays, 0. 672 JouRNAL OF THE SENATE, The bill having received the requisite Constitutional majority, was passed. By Mr. Ragan- A bill to establish a permanent Board of Education for Schley County. Report of th~ Committee was agreed to. Upon the passage of the bill the ayes were 32; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Gower- A bill to provide for the change of County lines between Counties of this State having population of not less than 16,422. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29; nays, 0. The bill having received the requisite Constitutional majority, was passed, as amended, and the amendments are as follows: By striking the words Federal Census of 1910, whenever they occur, and inserting in lieu thereof the words Census of the U.S. Government. MoNDAY, AuGUST 7, 1911. 673 By Messrs. Hopkins and Reese- A bill to amend the Act providing for a Board of Commissioners of Roads and Revenues for Thomas 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, as amended: Amend section 1 by striking out the words at which time a1s appoo.rs in line 5, paragraph 3, and adding at the end of said section 1 the following at the general election for County officers next preceding said date. By Mr. DuBose- A bill to amend the Act establishing the City Court of Clarke 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, as amended, and the amendment is as follows: 674 JouRNAL OF THE SENATE, Amend by striking the words twelve hundred, in line 3 of section 2, and inserting in lieu thereof fifteen hundred. By Mr. Foster- A hill to amend the Act creating the Board of Commissioners of Floyd County. Report of the Committee was agreed to. Upon the passage of the hill the ayes were 28 ; nays, 0. The hil1 having received the requisite Constitutional majority, was passed. By Mr. Watts- A hill to add Shellman to the list of State Depositories for the State of Georgia. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29; nays, 0. The hill having received the requisite Constitutional majority, was passed. By Mr. Payton- A bill to repeal an Act of the General Assembly relative to the City Court of Sylvester. MoNDAY, AuGUST 7, 1911. 675 Report of the Committee was agreed to. Upon the passage ()f the bill the ayes were 29; nays, 0. . The bill having received the requisite Constitutional majority, was passed. By Messrs. Stovall and Cordell of Elbert and Cabaniss of Oglethorpe- A bill to amend article 8, section 1, paragraph 1, of the Constitution. Report of the Committee was agreed to. upon the passage of the bill the ayes and nays were ordered and the vote is as follows: Those voting in the affirmative were Messrs.- Aaron, 0. B. AdliiiilS, G. W. Beauchamp, J. C. Blalock, A. 0. Bush, I. A. Crawford, W. D. Copelan, E. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, W. W. Mayson, J. W. Oliver, T. W. Owens, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. ThosE' not voting were Messrs.- Blalock, H. C. Brown, J.P. Cromartie, J. A. Edwards, C. H. Mann, W. S. Marshall, C. B. Moore, 0. A. Morris, W. S. Mr. President 676 JoURNAL OI!' THE SENATE, Ayes, 35 ; nays, 0. The bill having received the requisite Constitutional majority, was passed, and the bill is as follows: A BILL Entitled An Act to amend article 8, section 1, paragraph 1, of the Constitution of this State, by striking therefrom the words ''in the elementary branches of an English education only,'' in lines two and three, so that when so amended and the said article, section and paragraph shall read as follows, to-wit: There shall be a thorough system -of common schools for the education of the children, as nearly uniform as practicable, the expense of which shall be provided for by taxation, or otherwise. The schools shall be free to all children of the State, but separate schools shall be provided for the white and colored races. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That article 8, section 1, paragraph 1 of the Constitution of this State be, and the same is hereby amended by striking therefrom the words ''in the elementary branches of an English education only" in lines two and three, so that when so amended the said article, section and paragraph shall read as follows, to-wit: There shall be a thorough system of common schools for the education of the children, as nearly uniform as practica- MoNDAY, AuGUST 7, 1911. 677 ble, the expense of which shall be provided for by taxation, or otherwise. The schools shall be free to all children of the State, but separate schools shall be provided for the white and colored races. SEc. 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds of the members elected to each House it shall be so entered on their journals with the yeas and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each Congressional Districl; in this State for a period of two months next preceding the time of holding the next general election. SEc. 3 Be it further enacted by authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication as provided in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting this proposed amendment to the Constitution shall have written or printed on their ballots the words ''For amendment of Constitution allowing a thorough system of common schools for the education of children " And ali persons opposed to the adoption of said amendment shall have written or printed on their ballots the words ''Against amendment of Constitution allow~ 678 JOURNAL OF THE SENATE, ing a thorough system of common schools for the education of children." SEc. 4. Be it further enacted by the authority aforesaid, That the Governor be, and is hereby authorized and directed to provide for the submission of the :amendment proposed in this Act to a vote of the people, as required by the Constitution of this State in article 13, section 1, paragraph 1, and if ratified the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred, in the manner as in cases of elections for the members of the General Assembly, to count and ascertain the result, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified. SEc. 5. Be it further enacted by authority afore- said, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. The following resolution was read and adopted: By Mr. Bush- Resolved, That beginning on August 8, the Senate shall meet at 9 o'clock A.M. The hour of adjournment having arrived, the Senate adjourned until tomorrow morning at 9 o'clock. TuESDAY, AuausT 8, 1911. 679 SENATE CHAMBER, ATLANTA, GA., 'Thlesday, August 8, 1911. The Senate met pursuant to adjournment at 9 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 name'S: Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, c. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J B. King, W. W. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Oliver, T. W. Owens, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sherparti, J. E. ~pence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Mr. Precident. By unanimous consent, the reading of the journal was dispensed with. Mr. Roberts, Chairman of the General Judiciary Committee, submits the following report: Mr. President: The General Judiciary Committee has had under 680 JOURNAL OF THE SENATE, 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, as amended: A bill to authorize electric street suburban railway companies to organize within or without the State, and fDr other purposes. Respectfully submitted, W. T. RoBERTS, Chairman. Mr. Dickerson, Chairman of Committee on Corporations, submitted the follflwing 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 amend an Act incorporating the City of Swainsboro, approved December 6th, 1900, and for other purposes. The Committee 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 create and incorporate the City of Blackshear, in the County of Pierce, and grant a charter TuESDAY, AuGUST 8, 1911. 681 to that municipality under that corporate name and style. A bill to amend an Act approved February 24th, 1874, amending and codifying the various Acts incorporating the City of Dalton. A bill to amend the charter of the town of Athens and various Acts amendatory thereof. A bill to create a new charter for the town of Surrency, in Appling County; to provide for a Mayor and Councilmen, and other officers, and granting certain other powers. Respectfully submitted, W. T. DICKERSON, Chairman. Mr. Kincaid, 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 bills and resolutions of the Senate, to-wit: A resolution in relation to the case of the State of Georgia by its Attorney-General vs. Tennessee Copper Company. A resolution in reference to the treaty with Russia. 682 .JOURNAL OF THE SENATE, A bil.l to amend section 3137 of the Code of 1910, so as to reduce the hours of labor in cotton and woolen mills. A bill to prohibit floating of sawdust into any of the streams of this State. A bill to repeal an Act to incorporate the City of DuPont. A bill to create a new charter for the town of DuPont. Respectfully submitted, .J. R. KINcAID, Chairman. Mr. Grovenstein, Vice-Chairman of the Committee on Enrollment, submitted the following report: Mr. President: The Co:rnttnittee on Enrollment report as duly enrolled and ready for the signature of the President. of the Senate and Speaker of the House of Representatives, the following Acts, to-wit: An Act to incorporate the town of Cleveland, in the County of White. An Act to establish a charter for the town of McCaysville, in the County of Fannin. An ~-\ct to amend, consolidate and supercede the TuESDAY, AuGUST 8, 1911. 683 several Acts incorporating the City of Blue Ridge, in the County of Fannin. An Act to amend an Act authorizing the town Council of Carlton, Ga., to create a debt. Respectfully submitted, A. N. GROVENSTEIN, Vice-Chairman. Mr. Grovenstein, ViceChairman of the Committee on Enrollment, submitted the following report: Mr. President: rhe Committee on Enrollment report as duly signed by the President of the Senate and Speaker of the House of Representatives, and delivered to the Governor, the following Acls, to-wit: An Act to incorporate the town of Cleveland, in the County of White. An Act to establish a charter for the town of McCaysville, in the County of Fannin. An Act to amend, consolidate and supercede the several Acts incorporating the City of Blue Ridge, in the County of Fannin. An Act io amend an Act authorizing the town Council of Carlton, Ga., to create a debt. Respectfully submitted, A. N. GROVENSTEm, Vice-Chairman. 684 JOURNAL OF THE SENATE, Mr. Morris, Chairman of the Committee on Banks, submitted the-following report: Mr. President: The Committee on Banks has had under considera- tion the following Senate bill which I am instructed to report back to the Senate, with the recommenda- tion that the same do pass, to-wit: A bill to make it a misdemeanor to draw and utter any check, draft, etc., where the drawer has not at the time sufficient funds to meet the same. Respectfully submitted, W. S. MoRRis, Chairman. Mr. Williams, 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 recomrmendation that the same be tabled until next session, to-wit: A bill to increase the pension of indigent Confederate veteran soldiers. Respectfully submitted, IsAIAH WILLIAMs, Chairman. TuESDAY, AuousT 8, 1911. 685 Mr. Spence, Chairman of the Committee on Military Affairs, submitted the following report: Mr. President : The Committee on Military Affairs bas had under consideration the fo11owing 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 prom-ote the efficiency of the Military Department of the State. Respectfully submitted, RoBERT E. L. SPENCE, Chairman. Mr. Davis, Chairman of the Committee on Coun- ties and County Matters, submitted the following rep-ort: _. - _,J ltlt. President: The Committee ~n Counties and County Matters has had under consideration the following House bills which I am instructed to repori back to the Senate with the recommendation that the same do pass, to-wit: A bill to reduce the number of County Commis- sioners of Laurens County from eight to three; .to reduce the number of road districts from eight to three, and for other purposes. 686 JOURNAL 01!' THE SENATE, A bill to abolish the office of County Commissioners of Gwinnett County. A bill to create a Board of County Commissioners for Colquitt County. Respectfully submitted, J. S. DAVIs, Chairman. By unanimous consent, the following Senate bills were read third time and put upon their passage: By Mr. Cromartie- A bill to amend an Act incorporating the town of Hazlehurst, in Appling and Coffee Counties. Report of t)le Committee was agreed to. Upon the passage of the bill the ayes were 29 ; nays, 0. The bill having received the requisite Constitutional.maj-ority, was passed. By Mr. Mann-:- A bill to incorporate the town of Scotland. Report of the Committee was agreed to. Upon the passage of the ,bill the ayes were 29 ; nays, 0. TUESDAY, AuouBT 8, 1911. 687 The bill having received the requisite Oonstitutional majority, was passed. By Mr. Whitehead- A bill to amend the Act eStablishing the town of Comer. 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 first time: By Mr. Crawford- A bill to pr-ovide for the filing of an abstract of titles in claim cases... Referred to General Judiciary Committee. By Mr. Felker- A bill to amend section 33 of volume 1 of the Code to divide the State into :twelve Congressional Dis- .. tricts. Referred to Congressional Reapp&rtionment COm- mittee. 688 JOURNAL OF THE SENATE, By Mr. Felker- A bill to amend section 3 of article 7 of the Constitution. Referred to Committee on Consti-tutional Amendments. By Mr. Bush- A bill to amend the Constitution so as to add a new paragraph for requiring certain tax returns to be made to the Comptroller-General. Referred to Committee on Constitutional Amendments. The following House bills were read first time: By Mr. Ragsdale- A bill to create a new charter for the town of Dallas. Referred to Committee on Corporations. By Mr. Redwine- A bill to amend the charter of the City of Fayetteville. Referred to Committee on Corporations. TuESDAY, AuGUST 8, 1911. 689 By Messrs. Youmans and Waller- A bill to amend an Act establishing the City Court of Swainsboro. Referred to Special Judiciary Committee. By Messrs. Youmaus and Waller_:_ A bill to amend the Act creating the City Court of Swainsboro. Referred to Special Judiciary Committee. By Mr. Stephens- A bill to change and increase the number of terms of Superior Court of Johnson County. Referred to General Judiciary Committee. By Mr. Melton- A bill to repeal the Act amending the Act creating the City Court of Dawson, approved December 25, 1898. Referred to Special Judiciary Committee. By Mr. Kent- A bill to change the terms of Montgomery Superior Court. 690 JOURNAL OF THE SENATE, Referred to General Judiciary Committee. By Mr. LeSeur- A bill to fix the time for holding the Superior Court of Crawford County. Referred to General Judiciary Committee. By Mr. Hayes- A bill to change the time of holding the Superior Court of Stephens County. Referred to General Judiciary Committee. By Mr. Turner- A bill to create a charter for the town of Grays. Referred to Committee on Corporations. By Mr. Green- A bill to change the time for holding Effingham Superior Court. Referred to General Judiciary Committee. By Mr. Chandler- A bill to rearrange the Northern and Western Judicial Circuits of the State of Georgia. TuESDAY, AuousT 8, i911. 691 Referred to General Judiciary Committee. By Messrs. Fullbright and Jones- A bill to create a Board of Commissioners of Roads and Revenues for Burke County. Referred to Committee on Counties and County Matters. By Mr. Howell- A bill to amend section 1249 of the Code. Referred to Committee on Banks and Banking. By Mr. Buchannon- A bill to make certain provisions as to the City Court of Blakely. Referred to Special Judiciary Committee. By Mr. Middleton- A bill to amend the General County Court Act, so far as the same relates to Wayne County. Referred to General Judiciary Conunittee. By Mr. Royal- A bill to amend an Act establishing the City Court of Ellaville. 692 JoURNAL OF THE SENATE, Referred to Special Judiciary Committee. By Mr. Tippins- A bill to amend the Act to establish the City Court of Baxley, in Appling County. Referred to Special Judiciary Committee. By Mr. Lawrence- A bill to regulate the compensation of stenographers in certain Judicial Circuits. Referred to General Judiciary Committee. By Mr. Longino- A bill to amend section 1249 of the Code, so as to add the town of Fairburn to list of State Depositories. By Mr. Green- A bill to amend the Act creating the City Court of Springfield. Referred to Special Judiciary Committee. The following message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr, Presidw,t: The House has passed, by the requisite Constitu- TuESDAY, AuGUST 8, 1911. 693 tiona! majority, the following bills of the House, to-wit: A bill to allow defendants in certain criminal courts to withdraw waivel'B of demand. A bill to amend Act to incorporate Guyton. A bill to incorporate town of Alamo. A bill to abolish County Court of Bryan. A bill to amend charter of City of Brunswick. A bill to incorporate town of Obe. A bill to prohibit sale of near beer m Terrell County. A bill to amend charter of City of Vienna. A bill to amend an Act to establish City Cowt of Waycross. The House has adopted the following resolution of the House, to-wit: A resolution relative to the sudden death of Hon. H. C. Smith~ member of the House of Representatives from Tattnall County. The following members were appointed as oom- 694 JOURNAL OF THE SENATE, mittee on part of the House to accompany the remains to the home of the deceased: Messrs. Anderson of Chatham, Tippins of Appling, Murphy, Tippins of Tattnall, Brinson, Youmans. T'he following House bills were read third time and put upon their paSISage: By Mr. Strickland- A bill to establish the City Court of Blackshear Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29; nays, 0. The bill having received the requisite Constitutional majority, was passed, as amended. Amends section 4 of said bill by striking the words "date of his commission," between the words "from the'' and the words ''and until,'' in said section, and inserting in lieu thereof the words "date of the approval of this Act by the Governor," and by striking the words "two years" wherever they appear in , said section and inserting in lieu thereof the words "four years," so that said section, as amended, will read as follows: TuESDAY, AuGUST 8, 1911. 695 ''Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, who shall be appointed in the same manner as the judge of said city court, whose terms of office shall be four years from the date of the approval of this Act by the Governor, and until his successor is elected and qualified; provided that at the regular election held for the election of members of the General Assembly immediately preceding the expiration of the term of office of the appointee to said office under the provisions of this section, a solicitor shall be elected by the qualified voters of Pierce County in the same manner as Oounty officers are now or may hereafter be elected, and shall be commissioned by the Governor for a term of four years. It shall be the duty of said solicitor to prosecute all offenses cognizable before said court. He must be at least twenty-five years of age, and a resident of Pierce County for four years immediately preceding his appointment, and he must have been in the active practice of law for three years. The said solicitor shall before entering upon the duties of hi~:t office give bond and security in the sum of one thousand dollars, conditioned for the faithful discharge of the duties of his office, and shall take and subscribe the oath required of solicitors-general of the superior courts of thi:s State, and shall receive the same feet~ for each written aoousation in said court as are allowed solicitors-general for each indictment in the superior court, and his fees for all services 696 JouRNAL oF THE SENATE, rendered shall be the same as are a1lowed solicitorsgeneral of the superior court. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tern., who shall receive the same fees as are allowed the regularly appointed solicitor of this court. . Should there be a vacancy in said office of solicitor for any cause whatsoever, the said vacancy shall be filled in the same manner as vacancies in the office of solicitor-general of the superior court. are now :filled. Amends said bill further by striking all of section 44. Amends section 45 by changing the number of said section from 45 to 44. .Amends section 46 by changing the number of ::~aid section from 46 to 45. HOUSE BILL No. 112. To EsTABLisH CITY CoURT OF BLACKSHEAR. SENATE AMENDMENT. Amends section 2 of said bill by striking the words ''date of his commission,'' between the words ''from the" and th~ words "and until," in said section, and inserting in lieu thereof the words ''date of the TuESDAY, AuGUST 8, 1911. 697 approval of this Act by the Governor," so that said section, as amended, will read as follows: ''Sec. 2. Be it enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be appointed by the Governor, by and with the consent of the Senate, who shall hold his office for a term of four years from the date of the approval of this Act by the Governor and until his successor is elected and qualified; provided that at the regular election held for the election of members of the General Assembly immediately preceding the expiration of the term of office of the appointee to said office made by the Governor under the provisions of this section, a judge .shall be elected by the qualified voters of Pierce County, in the same manner as county officers are now or may hereafter be elected, for a term of four years, and until his successor is elected and quaiified, and thereafter the term of office of said judge shall be four years, and he shall be elected by the qualified voters of Pierce County every four years from said first election under the provisions of this section at the same time and in the same manner as other county officers of Pieree County are elected, and shall be commissioned by the Governor as other county officers are commissioned, except that he shall be commissioned for a term of four years. Should there be a vacancy in said office of judge from any cause whatsoever, the said vacancy shall be filled in the same manner as :vacancies in the 698 JOURNAL OF THE SENATE, office of judge of the superior court are now filled. Th~ judge of said court shall receive a salary of one thousand dollars per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly by the treasurer of said County of Pierce on the order of the Ordinary, Commissioners of Roa"ds and Revenues, or other person charged by law with the paying out of money of the County of Pierce, and it shall be the duty of such persons to make provision annually by levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own.'' By Mr. Strickland- A bill to create and incorporate the City of Blackshear. 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. Tarver-. A bill to amend and codify the various Acts incorporating the City of Dalton. Report of the Committee was agreed to. TUESDAY, AUGUST 8, 1911. 699 Upon the passage of the bill the ayes were 29 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Messrs. Kirby and Brown- A bill to amend the Act creating the new charter for. the City of Newnan. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Messrs. Kirby and Brannon- A bill to amend the Act creating a new charter for the City of Newnan. R-eport of the Committee was agreed to. Upon the passage of the bill the ayes were 29; nays, 0. T!he bill having received the requisite Constitutional majority, was passed. By Messrs. Jones and WilliamsA bill to incorporate the town of Alvaton. 700 JoURNAL OF THE SENATE, Report of the Committee wa:s agreed to. Upon the passage of the bill the ayes were 29 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Patten- A bill to a:mend the Act incorporating the City of Rays Mill, in Berrien County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 28; nays, 0. The bill having received the requisite Constitutional majority, was passed. The following Senate bills were read second time: By Mr. Kight- A bill to amend the Act incorporating the City of Swainsboro, approved December 6, 1900. By Mr. Roberts- A bill to authorize electric street suburban railway companies to organize within and without the State. TUESDAY, AuausT 8, 1911. 701 By Mr. Harris- A bill to amend the Act to regulate the business of insurance in this State, and for other purposes. This bill was recommitted. The following resolution was read first time and laid on table for one day: .By Mr. Copelan- A resolution appointing a steering committee for the Senate. The following House bill was read second time and recommitted: By Mr. Gower- A bill to provide for holding four terms of Crisp Superior Court. By Mr. Ragsdale- A bill to amend the Act establishing a system of public schools for the town of Hiram. 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. 702 JouRNAL OF THE SENATE, By M!". Gardner- A bill to amend the Act incorporating the town of Aldora. 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. Hardeman- A bill to abolish the County Court of J e:fferson County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27; nays, 0. The bill having received the requisite. Constitutional majority, was passed. By Mr. Henderson- A bill to regulate the killing of cattle, hogs and sheep, etc., in Turner County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 28; nays, 0. TuESDAY, AuousT 8, 1911. 703 The bill having received the requisite Constitutional majority, was passed. By Mr. McElreath- A bill to authorize the Governor to appoint four State Depositories in the City of Atlanta. 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 Messrs. Kirby and Brannon- A bill to amend the Act establishing a system of public schools for the City of Newnan. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Hardeman- A bill to create the City Court of Louisville, in Jefferson County. 704 JOURNAL OF THE SENATE, Report of the Committee was agreed to. Upon the passage of the bill the ayes were 28 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Hires- A bill to amend the charter of the City of Moultrie. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27; nays, 0. r_t1.he bill having received the requisite Constitutional majority, was passed. By Mr. Stephens- A bill to abolish the City Court of Wrightsville, in Johnson County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 26; nays, 0. The bill having received the requisite Constitutional majority, was passed. TuESDAY, AuGUST 8, 1911. 705 By Messrs. Converse and AshleyA bill to amend the charter of the City of Valdosta. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Patten- A bill to amend the Act incorporating the town of A del. Report of. the Committee was agreed to. Upon the passage of the bill the ayes were 27 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Messrs. Kirby and Brannon- A bill to require the Commissioners of Roads and Revenues of Coweta County to work the main roads of the towns in Coweta County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 26; nays, 0. 706 JoUBN'AL OF THE SEN'ATE, The bill having received the requisite Constitutional majority, was passed. By Messrs. Ashby and Converse- A bill to amend the Act chartering the City of Valdosta, so as to establish a charity hospital. 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. Patten- A bill to amend the Act establishing the City Court of Nashville. 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. Hopkins- A bill to amend the Act establishing a system of public schools for the City of Thomasville. TuESDAY; Auou8T 8; 1911. 707 Report of. the ~om.mitte'e 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 Honse resolntion.was read and concurred in as amended: By Mr. Anderson- A resolution relative to the death of Hon. H. S. Smith~ of Tatfnall County, and declaring next Sunday a dies non. Amendment is as follows: By striking out t~e words the Honse, and inserting the words the General Assembly. Committee on part of Senate to accompany the remains of Representative Smith to his home are Senators Brown, Grovenstein, Aaron. The following Honse bill was read second time and recommitted: By Mr. Beck- A bill to revise the school laws so as to create the office of State Superintendent of Schools. 708 JOURNAL OF THE SENATE, The following message was received from the House through Mr. Boifeuil1et, the Clerk thereof: Mr. President: The House has concurred in the Senate amendment to the following resolution of the House, towit: A resolution relative to the death of Hon. H. C. Smith, of T'attnall. The Senate adjourned until tomorrow morning at 9 o'clock. WEDNESDAY, AuGUST 9, 1911. 709 ' SENATE CHAMBER, ATLANTA, GA., Wednesday, August 9, 1911. The Senate met pursuant to adjournment at 9 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 : Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. 8. Dickerson, W. T. Thmglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, W. W. Mann. W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Oliver, T. W. Owens, C. T. Prather, J. D. RJob~rts, W. T. Shaw, Emmett Shingler. J. S. :3heppard., J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. .1\fr Preaident. By unanimous consent, the reading of the journal was dispensed with. Mr. Roberts, Chairman of the General Judiciary Committee, submits the following report: Mr. President : The General Judiciary Committee has had under .consideration the following bills of the House which 710 JOURNAL OF THE SENATE, it instructs me to report back to the Senate with the recommendation that the same do pass: A bill to change the terms of Superior Court of Montgomery County. The Committee also recommends that the following bill of the House do not pass : A bill to amend the Board of Commissioner laws as regards Liberty County. Respectfully submitted, W. T. RoBERTS, Chairman. Mr. Kincaid, 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 bills of the Senate, to-wit: A bill to amend the charter of the town of Hazlehurst. A bill to amend the charter of the town of Comer. A bill to amend, consolidate and supercede the several Acts incorporating the City of Rome. Respectfully submitted, J. R. KrNcAID, Chairman. WEDNESDAY, AuGUST 9, 1911. 711 Mr. Davis, Chairffilan of the Committee on Counties and County Matters, submitted the following report: Mr. President: The Committee on Counties and County Matters 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 election of a Commissioner of Roads and Revenues for the County of DeKalb. A bill to create a Board of Commissioners of Roads and Revenues for Burke County. The Committee has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do not pass, to-wit: A bill to establish a new charter for the City of Gainesville. Respectfully submitted, J. S. DAVIS, ChairmJan. Mr. Beauchamp, Chairman Committee on Education, submitted the following report: 712 JouRNAL OF THE SENATE, Mr. President : The Committee on Education has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, as amended, towit: A bill to revise the school laws so as to create the office of State Superintendent of Schools. Respectfully submitted, J. C. BEAUCHAMP, Chairman. Mr. Grovenstein, Ohairman of Committee on Public Roads, submitted the following report: Mr. President: The Committee on Public Roads has had under consideration the following bill of the House, which I am instructed to report back to the Senate with the recommendation that the same do pass : A bill to be entitled an Act to amend section 5 of the Act approved August 19, 1907, Acts 1907 and an Act of 1909 approved August 14th, 1909, to change the amount of tax levied for public roads from 25 cents on $100.00 to 50 cents on $100.00, and for other purposes. Respectfully submitted, A. N. GnoVENSTEIN, Chairman. WEDNESDAY, AUGUST 9, 1911. 713 Mr. Roberts, Chairman Committee on General Judiciary, submitted the following report: Mr. President: The Committee on General Judiciary has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to..wit: A bill to change the time of holding the Superior Court of Stephens County. Respectfully submitted, W. T. RoBERTS, Chairman. The following message was received from the .House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has concurred in the Senate amendments to the following bills of the Houl'!le, to-wit: A bill to amend Act to estabilsh a City Court in Clarke County. A bill to abolish the City Court of Cordele. A bill to provide for change of County lines between certain Counties. A bill to amend Acts incorporating town of Bali Ground. 714 JOURNAL Ol!' THE SENATE, A bill to repeal Act creating City Court of Covington. A bill to amend Acts creating a new charter for the City of Covington. A bill to amend Acts providing for a Board of County Commissioners for the County of Thomas. The House has passed, by the requisite Constitutional majority, the following bills of the House, to-wit: A bill to amend charter of Tennille, Ga. A bill to elect a Judge for the County Court of Echols. A bill to amend Acts incorporating City of Brunswick. A bill to amend charter of town of Guyton. A bill to amend charter of the town of Bronwood. A bill to amend Act creating new charter for Harrison. A bill to amend Act incorporating the City of Col- quitt. , A bill to amend charter of Decatur. WEDNESDAY, AuGUST 9, 1911. 715 A bill to amend Act authorizing City of Marietta to issue bonds. A bill to regulate matter of selecting official County newspapers in certain Counties. A bill to regulate compensation of jail employees in certain Counties. A bill to make it unlawful to kill any game bird in Early County for a period of three years. A bill to amend Act establishing public school system for Dallas. A bill to provide that certain cemeteries shall not be erected without permission of County authorities. A bill to amend Act incorporating town of Bogart. A bill to incorporate town of Benevolence. A bill to create Board of Commissioners of Roads and Revenues for Milton County. Mr. Copelan, Chairman Committee on Public Property, submitted the following report: Mr. President: The Committee on Public Property has had under consideration the following Senate resolution which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: 716 JouRNAL OF THE SENATE, A resolution for the investigation of the State's rights and interests in or concerning certain parcels of lands upon and near Tallulah River, in the Counties of Rabun and Habersham, to be made by the Attorney-General under Executive order. Respectfully submitted, E. A. CoPELAN, Chairman. Mr. Mann, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President: The Committee on Special Judiciary has had under consideration the following House hill 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 entitled an Act to establish the City Court of Abbeville, in and for the County of Wilcox. The Committee 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 not pass, to-wit: A bill to amend an Act approved December 6, 1900, establishing the City Court of Dublin. Respectfully submitted, W. S. MANN, Chairman. WEDNESDAY~ AuousT 9, 1911. 717 Mr. Morris, Chairman Committee on Banks, submitted the following report: Mr. President: The Committee on Banks has had under consideration the following House bills whiah I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A bill to amend section 1249, Code of 1910, providing for selections by the Governor of banks in certain cities and towns therein named as State Depositories, so as to add the town of Fairburn, County of Campbell, to such list of cities and towns. A bill to amend section 1249 of Code of 1910, . v:olume 1 of Code of 1910, providing for the seleetion of banks by the Governor in certain cities and towns so as. to .add Lmripkin to list of State De- positories. I ... Respectfully submitted, ... :.. Mmu.us, Chairman. Mr. Roberts, Chairman of Committee on General Judiciary, submitted following report: ' : .. : . : ' ~ ." i . . Mr President : :t i ' .. . . The Committee on General Judiciary has had un- der .consiq~rat~on the f-ollowing Senate bill which I 718 J OUBN'!L o:r r.r!EIE SENATE, am instructed to report .ba:ckto..the Senate with the recommendation that the s11me do pass, to-wit: A bill to make unlawful the payment of more than ten per cent. commission or compensation to agents, brokers, Or other perSQilS for .the sale of stock in insurance cqmpanies having a capital stock here- after chartered under the la,ws of this State, and for other purposes. ., . ,.. Respeetfully submitted, . ; w.' ' ... ' . . .. . T~ RoBERTS, Chairm.an. . j . . . . By unanimous oomieiit, the ~ollowing Senate reso- lution was recommitted tO, Committee on Agricul- ture: ' By Mr. Owen- ,A.. re~olution to .urge the American Poultry Association to hold its next annual meeting in Atlanta. House bill No. 241 was recommitted to General Judiciary Committee. The foll~ing Hou~e bills were read second time: By Mr. Hayes___: A bill to change the time for holding Superior Court in Stephens County. By Mr. Peacock- A bill tO amend section 5 of the Act approved WEDNESDAY, AUGUST 9, 1911. 719 August 19th, 1907, Acts 1907 and Acts of 1909, approved August 14th, 1909, to change the amount of tax levied for public roads from 25 cents per $100.00 to 50 cents per $100.00. The folloWing H()use bills were read first time: By Mr. Spier- A bill to abolish the Oounty Court of Bryan County. Referred to Special Judiciary Committee. By Mr. Butts- A bill to amend the charter of the City of Brunswick. Referred to Committee: Oll. Corporations. By Mr. Kent- A bill to incorporate the town ()f Alimo, in Montgomery County. Referred to Committee on ..Corporations. By Mr. Taylor- A .bill to amend the.. Act. establishing the City Court of Waycross. Referred to Special ~Judiciary .Oo:mmittee. 720 JOUBNAL.OP. THE SENATE, By Mr. Patten- A bill to prohibit the sale of near beer in Berrien County. Referred to Temperance Committee. By Mr. Deese- A bill to allow de~endants in certain criminal City Courts to withdraw waivers of demand for indictments and trial by jury. Referred to General Judiciary Committee. By Mr. Atkins- A bill to amend the charter of the City of Vienna. Referred to Committee on Corporations. By Mr. GreenA bill to amend the Act incorporating the town of Guyton, in Effingham County. Referred to Oommitttee on Corporations. By Mr. HiresA bill to amend the Act incorporating the town of Obe. Referred .to Con1nllttee. on Corporations. WEDNESDAY, AUGUST 9, 1911. 721 By Mr. Watts- A bill to incorporate the town of Benevolence. Referred to Committee on Corporations. By Mr. Butts- A bill to amend the several Acts incorporating the City of Brunswick. Referred to Committee on Corporations. By Messrs. Lawrence, Anderson and McCarthy- A bill to fix the compensation of guards and turnkeys in certain Counties of this State. Referred to General Judiciary Committee. By Mr. Green- A bill t9 amend the Act amending the charter of the town of Guyton. Referred to Committee on Corporations. By Mr. Melton- A bill to amend the charter of the town of Bronwood. Referred to Committee on Corporations. 722 JOURNAL OF THE SENATE, By Messrs. Lord and Joiner- A bill to amend the charter of the town of Tennille, Ga. Referred to Committee on Counties and Coun~ Matters. By Mr. Hall- A bill to elect th~ Judge of the County Court of Echols County and to fix his salary. Referred to General Judiciary Committee. By Mr. Alexander- A bill to provide that whenever by existing laws the erection of cemeteries is prohibited, it shall be likewise unlawful to establish the same in adjoining Counties. Referred to General Judiciary Committee. By Mr. Bell- A bill to create a Board of County Commissioners for Milton County. Referred to Committee on Counties and County Matters. By Messrs. Cheney and YorkA bill to amend an Act approved August 19, 1905, WEDNESDAY, J\ UGUST 9, 1911. 723 authorizing the issue of bonds for the City of Marietta. Referred to Committee on Corporations. By Mr. HCYWell- A bill to amend the Act incorporating the town of Colquitt. Referred to Committee on Coroprations. By Mr. Alexander- A bill to amend the charter of the town of De- catur. Referred to Committee on Corporations. By Mr. Buchannon- A bill to prohibit the shooting or killing game birds in Early County for a period of three years. Referred to Committee on Counties and County Matters. By Mr. Ragsdale-- A bill to amend section 16 of an Act establishing a system of public sohools for the town of Dallas. Referred to Committee on Education. 724 JoURNAL oF THE SENATE, By Mr. Elder- A bill to amend the Act incorporating the town of Bogart. Referred to Committee on Corporations. By Mr. Joiner- A bill to amend the Act creating a new charter for the town of Harrison. Referred to Committee on Counties and County Matters. By Mr. Westmoreland- A bill to regulate the manner of selecting official County newspapers. Referred to General Judiciary Committee. The following House bills were read second time: By Mr. Tippins- A bill to create a new charter for the town of Surrency, in Appling County. By Mr. DuBose- A bill to amend the charter for the town of Athens; WEDNESDAY, AuGUST 9, 1911. 725 By Mr. Melton- A bill to prohibit the sale of near beer in Terrell County. By Mr. White- A bill to reduce the number of County Commissioners of Laurens County. By Mr. Harvey- A bill to amend the Act to establish the City Court of Abbeville. By Mr. Fullbright- A bill to create a Board of Commissioners of Roads and ~enues for Burke County. By Mr. Hiers- A bill to create a Board of Commissioners of Roads and Revenues for Colquitt County.. By Mr. Kent- A bill to change the time for holding Superior Court of Montgomery County. By Messrs. Nix and Wilson- A bill to abolish the office of County Commissioners of Gwinnett County. 726 JouRNAL OF THE SENATE, By Mr. Harrell- A bill to amend section 1249 of the Code so as to add Lumpkin to list of State Depositories. By Mr. Longino- A bill to amend section 1249 of the Code, so as to add Fairburn to list of State Depositories. The following resolution of the Senate was read second time : By Mr. Prather- A resolution to investigate the State's interests in certain lands near Tallulah River. The following Senate resolution was read first time: By Mr. Shingler- A resolution for the relief of Geo. T. Betts, of Turner County. Referred to General Judiciary Committee. The following Senate resolution was read second time and adopted: By Mr. Copelan- A resolution to provide for a steering committee for the Senate. WEDNESDAY, AuGUST 9, 1911. 727 By unanimous consent, the following bill of the House was read second time and recommitted: By Messrs. Cheney and York- A bill to establish the City Court of Marietta. By unanimous oonsent the following bill of the House was read rthird time and put upon its passage: By Mr. Blackshear- A bill to change the time for holding the regular terms of City Court of Richmond County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 33; nays; 0. The bill having received the requisite Oonstitu- . tional majority, was passed. By unanimous consent, the following Senate bill was withdrawn from the Agricultural Committee, read second time, and recommitted: By Mr. Marshall- A bill to create a live stock sanitary board and to define its duties, and for other purposes. By unanimous consent, the following Senate bill was read first time : 728 JoURNAL OF THE SENATE, By Mr. Harris- A bill to amend section 1249 of the Code, so as to add Rockmart to the list of State Depositories. Referred to Committee on Banks and Banking. . By unanimous consent, the following House reso- lution was read third time and put upon its passage: By Messrs. Tarver and McConnell- A resolution to pay pension of W. T. Wood to his children. 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.- Aaron, 0. B. Adams, G. W. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, W. W. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Oliver, T. W. Owens, C. T. fraiher, J.D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Those not voting were Messrs.- Beauchamp, J. C. Copelan, E. A. Edwards, C. H. Mann, W. S. Ayes, 39 ; nays, 0. Mr. President WEDNESDAY, AuGusT 9, 1911. 729 The resolution having received the requisite Con- stitutional majority, was passed. By unanimous consent, the following Senate resolution was read and adopted: By Mr. Spence- A resolution appointing a Board of Commission-. ers for the Exposition to be held in San Francisco in 1915. By Mr. Graham- A resolution authorizing the Committee on Academy for the Blind to visit said institUJtion during the session of the General Assembly and that said Committee receive their per diem and expenses. Mr. Bush offered the following amendment: Amend by providing thai three members from Senate and five members from the Honse. On this amendment the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were Messrs.- Beauchamp, J. C. Blalock, A. 0. Bush, I. A. Copelan, E. A. Duggan, C. I. Felker, J. H. Hamilton, W. W. Harris, W. J. Hill, T. F. Moore, 0. A. Prather, J. D. Pherrarl. J. E. Whitr>l:ead, Walter 730 JoURNAL oF THE SENATE, Those voting in the negative were Messrs.- Aaron, 0. B. Adams, G. W. Brown, J.P. Crawford, W. D. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Edwards, C. H. Ennis, W. H. Graham, L. C. Urovenstein, A. N. Hullender, W. C. Kight, W. N. Mann, W. S. Marshall, C. B. Mayson, J. W. Morris, W S. Oliver, 'l'. W. Owens, C. T. Roberts, W. T. Shaw, Emmett Shingler, J. S. Spence, R. E. L. Williams, Isaiah Worley, S. T. Those not voting were Messrs.- Blalock, H. C. Kincaid, J. B. King, w. w. Mr. Preo,ident. Ayes, 13; nays, 27. The amendment was lost. The resolution was adopted. Notice was given of a motion to reconsider the action of the Senate in passing this re~:~olution. The following Senate bills were read third time and put upon their passage: By Mr. Blalock- A bill to amend section 414 of the Code, so as to run ice trains in Georgia on the Sabbath. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 30; nays, 0. WEDNESDAY, AuGusT 9, 1911. 731 The bill having received the requisite Constitutional majority, was passed. By Messrs. Copelan and Davis- A bill to create and establish a Board of State Conservation for the State of Georgia. The previous question on the bill and substitute was called and sustained and main question ordered. On the substitute offered by Mr. Shaw, the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were. Messrs.- Aaron, 0. B. Ennis, W. H. Kight, W. N. Oliver, T. W. Owens, ('. T. Roberts, W. T. Shaw, Emmett Those voting in the negative were Messrs.- Adams, G. W. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Croonartie, J. A. Culbrellh, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Felker, J. H. Gruvenstein, A. N. Hamilton, W. W. Harris, W. J. Hullender, W. C. Kincaid, J. B. King, W. W. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehc:Jd, Walter Williams, Isaiah Worle), S. T. Those not voting were Messrs.- Beauchamp, J. C. Graham, L. C. Hill, T. F. Prather, J. D. Ayes: 7 ; nays, 32. rlr. Pre~ident. 732 J OUBNAL OF THE SENATE, The substitute was lost. On the passage of the bill the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were Messrs.- Aaron, 0. B. Adams, G. W. Blalock, A. 0. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Davis, J. S. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Hamilton, W. W. Harris, W. J. Hullender, W. C. Kight. W. N. Mann, W. S. MarshalL C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Oliver, T. W. Owens, C. T. Prather, J. D. Roberts, W. T. Spence, R. E. L. Worley, S. T. Those voting in the negative were Messrs.- Blalock, H. C. Brown, J.P. Culbreth, T. G. Dickerson, W. T. Felker, J. H. Grovenstein, A. N. ~haw, Emmett Shingler, J. S. Sheppard. J. E. Whitehead, Walter \Yil.liam;;, Isaiah 'l'hose not voting were Messrs.- Beauchamp, J. C. Graham, L. C. Hill, T. F. Kinooid, J. B. King, W. W. Mr. President Ayes, 27; nays, 11. The bill having received the requisite Constitutional majority, was passed, and ordered immediately transmitted to the House. By Mr. Felker- A bill to amend article 6, section 13, of the Constitution, in regard to changing salaries of Judges WEDNESDAY, AuGUST 9, 1911. 733 of Supreme Court, Court of Appeals and Superior Court. The previous question was called and the call sus- tained and main question ordered. The report of the Committee was agreed to. On the passage of the bill the ayes and nays were orderd~ and the vote is as follows : Those voting in the affirmative were Messrs.- Adams, G. W. Beauchamp, J. C. Blalock, A. 0. Crawford, W. D. Copelan, E. A. Davis, J. S. J)Quglass, J. B. Felker, J. H. Hamilton, W. W. Hullender, W. C. Kineaid, J. B. Mann, W. S. Marshall, C. B. Morris, W. S. Owens, C. T. Shaw, Emmett Sheppard, J. E. ~pence, R. E. L. Worley, S. T. Those voting in the negative were Messrs.- Aaron, 0. B. Blalock, H. C. Brown, J.P. Bush, I. A. Culbreth, T. G. Dickerson, W. T. Edwards, C. H. Duggan, C. I. Grovenstein, A. N. Harris, W. J. Hill, T. F. Kight, W. N. King, w. w. Mayson, J. W. Moore, 0. A. Oliver, T. W. Prather, J. D. Roberts, W. T. Shingler, J. S. Whitehead, Walter Williams, Isaiah Those not voting were Messrs.- Cromartie, J. A. . Graham, L. C. Ennis, W. H. Ayes, 19 ; nays, 21. Mr. President The bill not having received the requisite Constitutional majority, was not passed. 734 JoURNAL oF THE SENATE, By Messrs. Culbreth, Dickerson and Cromartie- A bill to authorize the railroad companie~ of this State to grant free transportation to sheriffs and deputy sheriffs in this State. Report of the Committee was agreed to. Upon the passage of the bill the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were Messrs.- Adams, G. W. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hill, T. F. Hullender, W. C. Kincaid, J. B. King, W. W. Mann, W. S. Marshall, C. B. Mayson, J. W. M<1rris, W. S. Owens, C. T. Roberts, W. T. Shaw, Emmett Sheppard, J. E. Spence, R. E. L. Worley, S. T. Williams, Isaiah Th?se voting in the negative were Messrs.- Aaron, 0. B. Beauchamp, J. C. Hamilton, W. W. Harris, W. J. Kight, W. N. Moore, 0. A. Oliver, T. W. Prather, J. D. Shingler, J. S. Whitehead, Walter Those not voting were Messrs.- Mr. President Ayes, 33 ; nays, 10. The bill having received the requisite Constitutional majority, was passed, as amended. WEDNESDAY, AuousT 9, 1911. 735 Amend by striking all the several provisions to section one of said bill. By Mr. Cromartie- A bill to provide for a reserve for outstanding losses of casualty insurance companies, and for other purposes. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By unanimous consent, the following House bill was read third time and put upon its passage: By Mr. Anderson- A bill to reapportion the members of the House of Representatives according to the last Census of the United States. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 30; nays, 0. The bill having received the requisite Constitutional majority, was passed. On mo.tion the Senate adjourned until tomorrow morning at 9 o'clock. 736 JouRNAL oF THE S:t.:'iard of Commissioners of Roads and Revenues for Milton County. A bill to make it unlawful to shoot, kill, ensnare, trap, destroy doves, partridges or quail in County of Early for a period of five years. A bill to amend an Act entitled an Act to create a new charter for the town of Harrison. Respectfully submitted, J. S~ DAvrs, Chairman. Mr. Moore, Chainnan Committee on Temperance, submitted the following report: Mr. President: The Committee on Temperance has had under consideration the following House bill which I am instructed to report back to the Senate with th~ reoommendation that the same do pass to-wit: A bill to prohibit the sale of near beer and all THURSDAY, AUGUST 10, 1911. 739 imitations of beer or malt or any similar beverage in the County of Berrien. Respectfully submitted, 0. A. MooRE, Chairman. Mr. Roberts, Chairman of the General Judiciary Committee, submits the folloWing report: Mr. President: The General Judiciary. Committee has had under consideration the following bill of the Senate which it instructs me to report back to the Senate with the recommendation that the same do pass: A biH to prohibit the owners, managers and superintendents of cemeteries from interfering with the burial of the dead. The Committee also recommends that the following bills of the Honse do pass: A bill to regulate the compensation of stenographers in certain Judicial Circuits. A bill to provide for the election of Judge and Solicitor of the City Court of Columbus by the qualified voters. A bill to provide that wherever by existing laws the erection of cemeteries is prohibited in any County without .the permission of the County an- 140 JOuRNAL Ol!' THE SEN.ATE, thorities, it shall be likewise unlawful to establish the same in any adjoining County. A bill to rearrange the Northern and Western Judicial Circuits of this State. A bill to fix the time for holding the Superior Court of Crawford County. A bill to change the time for holding Effingham Superior Court. A bill to change and inctease the number of terms of' the Superior Court of Johnson County. A bill to amend the General County Court Act, so far as the same relates to Wayne County. A bill to provide for the election of the Judge of the County Court of Echols County, and to provide his compensation. A bill to regulate the manner of selecting County official newspapers. A bill to fix the compensation of guards and turnkeys in certain Counties. A bill to provide for holding four terms of Superior Court of Crisp County. Respectfully submitted, '' W. T. RoBERTS, Chairman. THURSDAY, AuausT 10, 1911. 741 Mr. Dickerson, Chairman of the Committee on Corporations, submitted the following report: Mr. President: The CQmmittee on Corporations has had under consideration the following bills of the House which I am instructed to report back to the Senate with t:h.e recommendation that the same do pass, to-wit: A bill to incorporate the town of Alamo, in the County of Montgomery. A bill to amend the charter of the town of Obe. A bill to amend an Act to incorporate the town of Guyton. A bill to incorporate the town of Benevolence, in the County of Randolph. A bill to amend an Act to incorporate the City of Colquitt. A bill to amend the charter of the City of Vienna. A bill to amend the charter of the City of Brunswick. A bill to amend the charter of the town of Bronwood. A bill to amend the charter of the City of Brunswick. 742 JoURNAL oF THE SENATE, A bill to amend the charter of the town of De-catur. A bill to amend the charter of the tO'Wil of Guyton: A bill to amend an Act incorporating the town of Bogart. A bill to amend an Act to authorize the City -of Marietta to issue bonds. A bill to amend the charter of the City of Fayetteville. A bill to create a charter for the town of Gray. A bill to create a new charter for the town of Dallas. A bill to amend the charter of the City of Macon. Respectfully submitted, W. 8. DICKERSON, Chairman. Mr. Crawford Vice-Chairman of the Committee on Special Judiciary, submitted the following re~ port: Mr. President: The Committee on Special Judiciary 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: THURSDAY, AUGUST 10, 1911. 743 A bill to repeal the Act approved August 13, 1909~ which repeals all laws in force authorizing the issue of grants to land under head rights. The Committee has had under consideration the following House bills which I am instructed to report back to the Senate with the recom'IIOOndation that the same do pass, to-wit: A bill to repeal an Act to establish the City Court of Hartwell. A bill to amend an Act to establish the City Court of Waycross. A bill to make certain provisions as to the City Court of Blakely. A bill to repeal an Act to establish the City Cour of Quitman. A bill to amend an Act to establish the City Court1 of Ellaville. ' A bill to repeal certain Acts establishing the City Court of Brunswick. A bill to amend the Act relatin gto the City Court of Swainsboro. A bill to repeal an Act establishing the City Court of Dawson. 744 JOURNAL OF THE SENATE, A bill to amend an Act to establish the City Court of Baxley. A bill to abolish the County Court of Bryan County. A bill to amend an Act to establish the City Court of Swainsboro. A bill to amend an Act to create the City Court of Springfield. A bill to establish the City Court of Quitman. Respectfully submitted, W. D. ORAWFORD, .Vice-Chairman. Mr. Kincaid, 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 bills and resolutions of the Senate, to-wit: A bill to establish a Board of State Conservation. A bill to permit railroads to grant passes to sheriffs and deputy sheriffs of this State. A bill to amend section 414 of the Penal Code, so as to permit the running of special ice trains on Sunday. THURSDAY, AUGUST 10, 1911. 745 A bill to incorporate the town of Scotland. A bill to provide for a reserve for outstanding losses of casualty insurance companies. A resolution creating a Board of Commissioners for the Exposition to be held in San Francisco in 1915. A resolution authorizing the Committee on Academy of Blind, to visit Academy during the recess of the General Assembly. .Respectfully submitted, J. R. KINcAID, Chairman. The following message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has concurred in the Senate amendments to the following bill of the House, to-wit: A bill to establish the City Court of Blackshear. The House has passed, by the requisite Constitutional majority, the following bills of the House, to-wit: A bill to authorize County of Newton to issue bonds for road purposes. 746 JouRNAL oF THE SENATE, A bill to amend Act to abolish Board of County Commissioners in County of Wilkes. A bill to amend Act to establish public school syst tern for Hazlehurst. A bill to create Dublin Judicial Circuit. A bill to create a Board of Comissioners for City of Marietta. A bill to amend Act incorporating tow nof Kirkwood. A bill to increase number of County Commissioners for Screven County. A bill to amend Act establishing public schools for town of Oglethorpe. A bill to incorporate town of Inman. A bill to incorporate town of Aberdeen. A bill to amend Act incorporating City of Molena. A bill to incorporate town of Tyrone. A bill to establish public schools for Bowersville. The House has adopted the following resolution of the House, to-wit: THURSDAY, AuGUST 10, 1911. 747 A resolution appointing a Commission to examine the .Judicial system of this State. The House has passed, by the requisite Constitutional majority, the following bills of the Senate, to-wit: A bill to repeal Act creating City Court of Hazlehurst. A bill to amend Act to incorporate town of Hull. A bill to amend Acts incorporating City of Americus. A bill to amend Acts incorporating City of Brunswick. A bill to establish a new charter for town of Ohoopee. A bill to amend Act establishing public schools of Hazlehurst. The House has concurred in the following resolution of the Senate, to-wit: A resolution in reference to treaty with Russia. Mr. Spence gave notice that at the proper time he would move to reconsider the action of the Senate taken on Senate bill No. 124. 748 J OUBNAL OF THE SENATE, House bill No. 498 was recommitted to the Corporation Committee. The following.House bills were read second time: By Messrs. Lord and Joiner- A bill to amend the charter of Tennille, Ga. By Mr. Joiner- A bill to amend the Act creating the charter for the town of Harrison. The following Senate bills were read third time to be put upon their passage : By Mr. Spence- A bill to change the present system of management of the Confederate Soldiers' Home. Mr. Slaton moved that the bill be recommitted to the Military Committee with instruction to report back at its next meeting. The motion prevailed. By Mr. Roberts- A bill to authorize electric street suburban and interurban railway companies organize within or without the State of Georgia, and for other purposes. THURSDAY, .AUGUST 10, 1911. 749 Report of the Qommittee was agreed to, as amended. Mr. Felker moved to indefinitely postpone the ,bilt The motion prevailed, and the bill was lost. By Messrs. Oliver and Davis- A ~ill to provide for the sanitation of bakeries, canneries, packing houses, etc. This bill was tabled. By Mr. King- A bill to make unlawful the payment of over ten per cent. commission or compensation for selling insurance stock. Report of the Co~ittee was agreed to, as amended~ Upon the passage of the. bill the ayes were 28 ; nays, 0. The bill having received the requisite Constitutional majority, was passed, as amended, and the amendments are as follows: Amend by adding after iaws of this State, in section 1, line 5, or other States. Amend by adding after laws of. this State, in section 2, line 9, or other States. 750 JOURNAL Ol!' THE SENATE, Amend by adding after this State, in section 2, line 14, or other States. By Mr. Copelan- A bill to make it unlawful to draw a check when there are not sufficient funds to pay said check or draft. Report of the Committee was agreed to. Upon the passage of fhe bill the ayes were 28 ; nays) 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Harris- A bill to promote the efficiency of the Military Department so as to reduce expenses. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29 ; nays, 0. The bill having received the requisite Constitutional majority, was passed.. By Mr. Kight- A bill to amend the Act incorporating the City of Swainsboro, and for other purposes. THURSDAY, AuGUST 10, 1911. 751 Report of the Committee was agreed to. Upon the passage of the bill ilie ayes were 29 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Dickerson- A bill to revise the calend1u for the City of Waycross, and for other purpoees. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29; nays; 0. The bill having received the requisite Constitutional majority,_ was passed. By Mr. Prather- A resolution for tbe investigation of the State's rights and interests at Ta1lulah Fans. Report of the Committee was agreed to. Upon the passage of ilie resolution the ayes were 29; nays, 0. The resolution having received the requisite Constitutional majority, was passed. 752 t I;:: ..'' ....~ , : .. JOURNAL OF THE SENATE, REPORT OF-COMMITTEE ON STATE SANITARIDM. The Committee on State Sanitarium begs leave to report as follows : .I '. \: We have made a personaf inspootiori of Hi~ differ~ ent departments of the Sanitarium. We commend the zeal, humanitarianism and mari~ge~ent of the officers and trustees.. The _pres~nt .per capita expense of 38 cents, which i.TI~l~des eve~y item of expense, is inadequate, and on account of its inadequacy it is impossible. t.o do . spme . things imperatively needed. In this connection we mention the following: 1. There should be another reservoir for emergencies. 2. Fire escapes should be provided. In the event of a disastrous fire, the loss of life on account of their absence would likely be appalling. 3. Owing to the fact that thestrictest economy must be practiced, the Sanitarium is unable to secure a sufficient number of nurses, and those whom it has cannot be provided for as they should be. They can- riot have rooms to got~ while not on duty, and ~hey have to sleep in the same section"s occupied by the patients. 'Th.eir pay . i~ pitif~lly small, and their hours of work long: We cannot too highly commend their unselfish fidelity under, the circumstances. Other employees also are unde~paid. 4. The negro building is overcrowded, and oil that account more or less unsanitary. The boil~rs ;for this building have been condemned, and the kitchen is too small and its appliances inadequate. 5. Under the present THURSDAY, AuGUST 10, 1911. 758 appropriation, a hospital for the insane sick cannot be provided, nor can the acute insane, many of whom might be restored, nor the weak-minded children,. who might be developed m-entally and physically, be separated from the other patients. We do not mention these things in the way of criticism. They are in no wise chargeable to the officers or trustees, but, as we have said, are the result of insufficient appropriations. The results obtained under thepast and present appropriations are extremely gratifying. The halls and rooms are kept sc.rupulously clean, the inmates are provided with sufficient food and clothing and are humanely treated, the buildings generally are in good condition, the system of bookkeeping is well nigh perfect, and the J:.um is ~nade to supply a great deal that otherwise would have to be bought. It must be borne in mind in providing funds for this institution that necessarily the expenses will increase each year, because the death rate is not equal to the increase in inmates. At the end of the last :fi~cal year the net increase in number of inmates was 141, therefore even under an appropriation based on 38 cents per capita, the total amount appropriated will have to be increased to meet the increase in number of inmates. But 38 cents per capita is not enough. It necessitates so rigid an economy that several imperative needs cannot be supplied. We advocate economy, but it should not be required that for the lack of adequate funds it be exercised 754 JoURNAL OF THE SENATE, to the exclusion of some of the things that we have mentioned. Respectfully submitted, w. GEO. ADAMS, Chairman on Part of the Senate. Mr. Felker, Chairman of Committee on Constitutional Amendments, submitted the following report: Mr. President: The Committee on Constitutional Amendments has had under consideration the following Senate bills which I am inst~cted to report back to the Senate with the recommendation that the same do pass, to-wit: A bill proposing an amendment to the third section of the seventh article of the Constitution by striking therefrom the words ''casual deficiencies of revenue,'' and for other purposes. A bill proposing to amend the Constitution of Georgia by adding to second section of said Constitution a new paragraph for requiring certain tax returns to be made to the Comptroller-General on 'Or before the first day of March of each year, and for other purposes. Respectfully submitted, J. H. FELKER, Chairman. THURSDAY, AUGUST 10, 1911. 755 The following Senate bills were read second time: By Mr. King- A bill to repeal the Act approved August 13th, 1909, which repeals all laws of force in this State authorizing the issue of grants to land under headrights. By Mr. Felker- A bill to prohibit the owners or managers of cemeteries of this State from interfering with, the burial of the dead. By Mr. Felker- A bill to propose an amendment to the third section of the seventh article of the Constitution relative to casual deficiencies. By Mr. Bush- A bill proposing an amendment to s~ond section of the Constitution which requires certain tax returns to be made to the Comptroller-General. By Mr. Felker- A bill to amend section 33, volume 1, of the Code, to divide the State into 12 Congressional Districts. Mr. Morris, Vice-Chairman of the Committee on 756 JouRNAL OF THE SENATE, Legislative and Congressional Reapportionment, submitted the following report: Mr. President: The Committee on Legislative and Congressional Reapportionment 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 33, volume 1, of Code of 1910,. to divide the State into 12 Congressional Districts. Respectfully submitted, MoBBis, Vice-Chairman. Mr. Blalock moved to recommit Senate bill No. 179 to the Congressio~al Reapportionment Committee with instructions to report as soon as possible. This motion prevailed. The following House bills were read second time: By Mr. Alexander- A bill relative to prohibiting the erection of cemetaries in certain Counties of this State. By Mr. Turner- A bill to create a charter for the town of Grays. THURSDAY, AuGusT 10, 1911. 757 By Mr. LeSeur- A bill to fix the time for holding the Superior Court of Crawford County. By Mr. Hall- A bill to provide for the election of Judge of the County Court of Echols County. By Mr. Westmoreland-- A bill to regulate the manner of selecting official newspapers, and for other purposes. By Messrs. Youmans and Waller- A bill to amend the Act relating to the City Court of Swainsboro, and for other purposes. By Mr. Chandler- A bill to rearrange the Northern and Western Judicial Circuits. By Messrs. Youmans and Waller- A bill to amend an Act to establish the City Court of Swainsboro. By Messrs. Slade and Wohlwender- A bill to provide for the election of Judge and Solicitor of the City Court of Columbus. 758 JouRNAL OF THE SENATE, By Mr. Beck- A bill to repeal an Act to establish the City Court of Quitman. By Mr. Butts- A bill to repeal certain Acts establishing the City Court of Brunswick. This bill was recommitted. By Mr. Alexander- A bill to amend the charter of the town of Decatur. By Mr. McCurry- A bill to repeal the Act establishing the City Court of Hartwell. By Mr. BeckA bill to establish the City Court of Quitman. By Mr. Bell- A bill to create a Board of Commissioners of Roads and Revenues for Milton. By Mr. Green- A bill to change the time of holding Effingham Superior Court. THURSDAY, AuGUST 10, 1911. 759 By Mr. elton- A bill to repeal an Act entitled an Act approved December 25th, 1898, establishing the City Court of Dawson, and for other purposes. By Mr. Stephens- A bill to change and increase the number of terms of Johnson Superior Court. By Mr. Redwine- A bill to amend the charter of the City of Fayetteville. By Mr. Ragsdale- A bill to create a new charter for the town of Dallas. By Mr. Watts- A bill to incorporate the town of Benevolence. By Mr. Butts- A bill to amend the charter of the City of Brunswick. By Mr. Patten- A bill to prohibit the sale of near beer or intoxicating liquors in Berrien County. 760 JOURNAL OF THE SENATE, By Mr. Buchannon- A bill to make it unlawful to kill game birds in Early County within three years. By Messrs. Lawrence, Alexander and McCarthy- A bill to fix the compensation of guards and turnkeys in certain Counties of this State. By Mr. Middleton- A bill to amend the General County Court Act so far as the same relates to the County of W a:yne. By Mr. Butts- A bill to amend the several Acts incorporating the City Court of Brunswick. By Mr. Atkins- A bill to amend the charter of the City of Vienna. By Mr. Green- A bill to amend an Act approved July 20, 1908, entitled an Act to create the City Court of Springfield. By Mr. Lawrence-- A bill to regulate compensation of stenographers in certain Judicial Courts of this State. THURSDAY, AuGUST 10, 1911. 761 By Mr. Buchannon- A bill to make certain provisions as to the City Court of Blakely. By Mr. Melton- A bill to amend the charter of the town of Bronwood. By Mr. Kent- A bill to incorporate the town of Alamo. By Mr. Hires- A bill to amend an Act to incorporate the town. of Obe. By Mr. Greene- A bill to amend the Act incorporating the town or Guyton, in Effingham County. By Mr. Howell- A bill to amend the Act incorporating the City of Colquitt. By Mr. Tippins- A bill to amend the Act establishing the City Court of Baxley. 762 JouRNAL oF THE SENATE, By Mr. Speer- A bill to abolish the County Court of Bryan County. By Mr. Taylor- A bill to amend the Act establishing the City Court of Waycross- By Mr. Royal- A bill to amend an Act establishing the City Court of Ellaville. The following House bills were read first time: By Mr. Gardner- A bill to amend the Act incorporating the City of Molena. Referred to Committee on Corporations. By Mr. DuBose- A bill to amend the Act to abolish the County Commissioners of Roads and Revenues of Wilkes County. Referred to Committee on Counties and County Matters. THURSDAY, AUGUST 10, 1911. 763 By Mr. White- A bill to increase the number of Board of Commissioners of Screven County. Referred to Committee on Counties and County Matters. By Mr. Frederick- A bill to amend the Act establishing a system of public schools for town of Oglethorpe. Referred to Committee on Education. By Mr. Montgomery- A bill to amend an Act approved December 18, 190L authorizing the establishment of a system of public schools in Hazlehurst. Referred to Committee on Education. By Mr. Foster- A bill to authorize the County of Newton to issue bonds in the aggregate sum of $50,000.00. Referred to Committee on Public Roads. By Messrs. Alexander and Field- A bill to amend the Act incorporating the town of Kirkwood, in DeKalb County. 764 JoURNAL Ol!' THE SENATE, Referred to Committee on Corporations. On motion, the Senate adjourned until tomorrow morning at 9 o'clock. FRIDAY, AUGUST 11, 1911. 765 SENATE CHAMBER, ATLANTA, GA., Friday, August 11, 1911. The Senate met pursuant to adjournment at 9 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: Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, W. W. . Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Oliver, '1'. W. Owens, C. T. Pmther, J. D. Roberts, W. T. Shaw, Emmett Sheppard, J. E. Shingler, J. S. Sper.ee, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Mr. President. On motion, the reading of the journal was dispensed with. Mr. Spence moved to reconsider the action of the Senate in recommitting the following bill of the Senate to the Military Committee: 766 JouRNAL OF THE SENATE, By Mr. Spence- A bill to change the present system of management of the Confederate Soldiers' Home. On motion to reconsider, the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were Messrs.- Adams, G. W. Beauchamp, J. C. Blalock, A. 0. Davis, J. S. Duggan, C. I. Ennis, W. H. Felker, J. H. Hullender. W. C. Marshall, C. B. Mayson, J. W. Moore, 0. A. Oliver, T. W. Owen;;, C. T. Shaw, Emmett Sheppard, J. E. Spenee, R. E. L. Those voting in the negative were Messrs.- Aaron, 0. B. Blalock, H. C. Brown, J.P. Bush, I. A. Crawford, W. D. Oopelan, E. A. Culbreth, T. G. Dickerson, W. T. Douglass, J. B. Edwards, C. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris; W. J. Hill, T. F. Kight, W. N. Kincaid, J. B. King, w. w. Mann, W. S. Prather, J. D. Roberts, W. T. Shingler, J. S. Whitehead, Walter Williams, Isaiar Wurley, S. T Those not voting were Messrs.- Cromartie, J. A. Morris, W. S. Mr. President. Ayes, 16; nays, 26. T,he motion was lost. Mr. Kincaid, Ohairman of the Committee on Engrossing, submitted the following report: FRIDAY, AUGUST 11, 1911. 767 Mr. President: The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House of Representatives, the following bills and resolution of the Senate, to~wit: A bill to make unlawful the payment of more than ten per cent. commissions to brokers for the sale of stock in life insurance companies. A bill to declare it a misdemeanor to draw and utter any check, etc., when the drawer has not af the time sufficient funds to meet the same. A bill to revise the calendar for the City Court of Waycross. A bill to promote the efficiency of the Military Department. A bill to amend an Act incorporating the City of Swainsboro. A resolution for the investigation of the State "s rights in certain parcels of land upon or near Tallulah River, in the Counties of Rabun and Habersham. Respectfully submitted, J. R. KINCAID, Chairman. Mr. Morris, Chairman Comm~ttee on Banks, submitted the following report: 768 J ~URNAL OF THE SENATE, Mr. President: The Committee on Banks has had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wj.t: A bill to amend section 1249 of the Code of 1910, of volume 1 of the Code of 1910, so as to add Rockmart, in the County of Polk, to the list of State Depositories, and for other purposes. Respectfully submitted, W. S. MoRRis, Chairman. Mr. Mann, Chairman Committee on Special J udiciary, submitted the following report: Mr. President: The Committee on Special Judiciary has had under consideration the following Ho11se 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 establish the City Court of Marietta, in and for the County of Cobb, and for other purposes. Respectfully submitted, W. S. MANN, Chairman. Mr. Bush, Chairman Committee on Agriculture, submitted the following report: FRIDAY, AuousT 11, 1911. 769 Mr. President: The Committee on Agriculture has had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A bill to create a Live Stock Sanitary Board, defining its duties and authority, and for other purposes. The Committee also 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, by substitute, to-wit: A resolution to urge the American Poultry Association to hold its next annual meeting in Atlanta. Respectfully submitted, I. A. BusH, Chairman. Mr. Beauchamp, Chairman Committee on Education, submitted the following report: Mr. President: The Committee on Education 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 approved December 18, 770 JoURNAL QF THE. SENATE, 1901, authorizing the establishment of a system of public schools in the City of Hazlehurst. A bill to amend section sixteen of the Act entitled ''An Act to establish a system of public schools in the town of Dallas, Ga.," approved August 16, 1909. A bill to amend an Act to establish public schools for the town of Oglethorpe, to provide for the election of trustees. Respectfully submitted, J. C. BEAuCHAMP, Chairman. Mr. Harris, Chairman Committee on Finance, submitted the following report: Mr. President: The Committee on Finance 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 amend ~~ Act entitled an Act to regulate the business of insurance ht this State, and for other purposes, by changing section 13 thereof referring to reciprocal relation. A bill to take all taxes off of dogs in this State, and to repeal conflicting laws. The committee also. had under consideration the following Senate bills which I am instructed to re- FRIDAY, 'AuG~s.r ii, 19n. 771 port back to the S~nate ~i:th. the recommendation that the same be tabled, to-:-wit; A bill to provide for a tax, in addition to all othe~ taxes now required by law, to be levied and collected each and every year upon each and every male inhabitant of the State over the age of forty years, and for other purposes. A bill to amend section 4732 of Code of 1895, relating to the garnishment of daily, weekly or monthly wages of journeymen, mechanics and day laborers. Respectfully submitted, WM. J. _HARrus, Chairman. The fol1owing resolution was read first time:_ By Messrs. Whitehead, Edwards, Kight, Aaron and Marshall- Resolved, That the order of business today shall be immediately after messages from the House, the consideration of House bills fav9rably reported for third reading. Referred to Committee on Rules. The following Senate bill was read first time: By Mr. Crawford- .A bill to regulate the hearing of motions for new trials in vacation, and for other purposes. 772 JOURNAL 01!' THE SENATE, Referred to General Judiciary Committe". By unanimous consent, the following House bills were read third time and put upon their passage: By Mr. DuBose- A bill to amend the charter of the town of Athens. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 32; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Hayes- A bill to change the time of holding the Superior Court of Stephens County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 32 ; nays, 0. The bill having received the requisite Constitu- tional majority, was passed. By Mr. Gower- A bill to provide for holding four terms a year of the Superior Court of Crisp County. FRrnAY, AuGUST 11, 1911. 773 Report of the Committee was agreed to. Upon the passage of the bill the ayes were 35 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. The following resolution was read and laid on table for one day: By Mr Shaw- Resolved, That a committee of five from the Senate be appointed by the President to investigate the Soldiers' Home, and that said committee report as early as convenient. The following House bills were read first time: By Mr. McCurry- A bill to establish, maintain and operate a system of public schools for the town of Bowersville, in Hart County. Referred to Committee on Education. By Mr. Redwine- A bill to incorporate the town of Tyrone, in Fayett County. Referred to Committee on Corporations. 774 JOURNAL OF THE SENATE, By Mr. Redwine- A bill to incorporate the town of Inman. Referred to Committee on Corporatioru;. By Mr. Redwine_:_ A bill to incorporate the town of Aberdine. Referred to Committee on Corporations. By Messrs. Cheney and York- A bill to amend the charter of the City of Marietta. Referred to Committee on Corporations. By Messrs. White and Taylor- A bill to create a new Judicial Circuit, and for other purposes. Referred to .Special Judiciary Committee. The following House resolution was read and adopted: By Mr. Lovejoy- A resolution appointing a commission to examine the Judicial system of the State, and for other purposes. FRIDAY, AUGUST 11, 1911. 775 Committee on part of the Senate are Senatom Roberts, Sheppard and Crawford. Mr. Grovenstein, Chairman of Committee on Public Roads, submits the following report: Mr. President: The Committee on Public Roads has had under consideration the following bill of the House which I am instructed to report back to the Senate with the recommendation that the same do pass: A bill to be entitled an Act to authorize the County of Newton to issue bonds in the aggregate sum of $50,000 for the purpose of building public roads, and for other purposes. A. N. GROVENSTEIN, Chairman. Mr. Blalock, Vice-Chairman of the Committee on Rules, submitted the following report: Mr. President: The Committee on Rules has had under consideration the following resolution of the Senate which it instructs me to report back with _the recommendation that same do pass, by substitute: A resolution setting House bills favorably re- 776 JouRNAL OF THE SENATE, ported the special order after messages from the House of Representatives. Respectfully submitted, A. 0. BLALOCK, Vice-Chairman. On the adoption of the report of Rules Committee the ayes and nays were ordered and the vote is as follows: Those voting in the affirmative were Messrs.- Adams, G. W. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Dickerson, W. T. Douglass, J. B. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Groyem:;tein, A. N. Harris, W. J. Kight, \V. N. King, W. W. Manu, W. S. :Mayson, J. Yv. Moore, 0. A. Morris, W. S. Roberts, W. T. Shingler, J. S. Worley, S. T. Those voting in the negative were Messrs.- Aaron, 0. B. Beauehamp, J. C. Davis, J. S. Duggan, C. I. Hamilton, W. W. Hill, T. F. Hullender, W. C. Kmcaid. J. B. Marshall, C. B. Oliver, T. W. Owens, C. T. Prather. J. D. Shaw. Emmett Sheppard, J. E. Spence, R. E. L. Whitehead, Walter \Yilliam~, Isaiah Those not voting were Messrs.- Mr. President. Ayes, 26; nays, 17. By nnanimous consent, the report was adopted. FRIDAY, AuGUST 11, 1911. 777 The following Senate bill was read second time and recommitted: By Edwards, Kincaid and Oliver- A bill to take all taxes off of dogs in this State. The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has passed, by the requisite Constitutional majority, the following bills of the House, to-wit: A bill relating to deduction from weight or price for cotton for bagging and ties. .A bill to fix salaries of Clerks of Superior Courts in certain Counties. A bill to regulate compensation of court officers in certain Counties. A bill to regulate the working of public roads in White County. A bill to authorize town of Canon to establish a public school system. A bill to amend the road laws of Montgomery County. 778 JOURNAL OF THE SENATE, A bill to establish City Court of Pembroke. A bill to establish City Court of Waycross. A bill to provide four terms of Superior Court for Elbert County. A bill to incorporate Ball Ground School District. A bill to amend Act creating Board of Commissioners of Roads and Revenues of Berrien County. A bill to amend Act to incorporate City of Bremen. A bill to incorporate City of Canon. A bill to establish the Department of Game and Fish. The House has passed, by the requisite Constitutional majority, the following resolutions of the House, to-wit: A resolution for relief of the estate of J. W. Rushing, of Houston County. A resolution. That the Committee on Georgia School for the Deaf be allowed to visit said institution dur.ing the interim. A resolution t(\ provide for visiting convict camps after adjournment of the General Aessembly. The House has passed, by the requisite Constitu- FRIDAY, AuGusT 11, 1911. 779 tional majority, the following bills of the Senate, to-wit: A bill to create the new Waycross Judicial Circuit. A bill to make valid contracts made by minors for educational purposes. A bill to amend Act incorporating town of Hazlehurst. A bill to repeal Act to incorporate the town of DllPont. A bill to amend Act to incorporate town of Comer. A bill to create a new charter for town of DuPont. The following Senate bill was read second time: By Mr. Harris- A bill to amend section 1249 of the Code, so as to add Rockmart to the list of State Depositories. The following Senate bills were. read third time and put upon their passage: By Mr. King- A bill to repeal the Act approved August 13th, which repeal all laws of force in this State authorizing the issue of grants to land under head rights. - 780 JOURNAL OF THE SENATE, Report of the Comm~ttee was agreed to. Upon the passage of the bill the ayes were 26; nays, 3. The bill having received the requisite Constitutional majority, was passed. By Mr. Marshall- A bill to create a Live Stock Sanitary Board, to define its powers and duties. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 24; nays, 1. The bill having received the requisite Constitutional majority, was passed. The following Senate bill was taken from the table and put upon its passage: By Messrs. Oliver and Davis- A bill to proVide for the sanitation of bakeries, canneries, packing houses, etc., in this State. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25 ; nays, 2. FRIDAY, AuausT 11, 1911. 781 The bill having received the requisite Constitutional majority, was passed, as amended, and the amendments are as follows: Amend by striking section 11 of the Act and numbering remaining sections accordingly. Committee amends by striking in section 10 the figures 1911 and inserting in lien thereof 1910. Senate bill No. 156 was recommitted to General Judiciary Committee. 'Dhe following Senate bills w~re read .third time and put upon their passage: By Mr. Felker- A bill to prohibit the owners or managers of cemeteries of this State interfering the burial of the dead. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 23 ; nays, 2. The bill having received the requisite Cons.titntional majority, was passed. Notice of a motion to reconsider this bill wa~ given. 782 JOURNAL OF TH"E; SENATE~ .; !. .: : : By Mr. Felker- ,i. :::.: II A' bill to prepare amendment to the Constitution authorizing the Governor .to: borrow $500,000.00 for certain purposes. Report of the Commi.ttee was agreed to. , :,Upon the passage of :the ;bill the ayes and nays were .ordered, a:p.d fl;te vote, .is as follows: Tho.s.e voting in the affirmativ:e were Messrs.--:- ! J; ~ J I ' : . . ! ' ! . ; : ~ ':: . ' ' Aaron, 0. B. Adams, G. W. Beauchamp,. J. C.. J!illlock; A. 0. Blalock, H. C. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. pPlbr~h,. T.. G, Davis, J: S. m~ketson, W. T. ' Doug'la!ls, .T. B. Duggan, C. I. Edwards, C. H. 1 : MaY5on, .J. w. Ennis, W. H. Moore, 0 \. . Fel~er,, J.. H., . , Oliver, 'f. W. .J: Graham, L. c. Owens,' C. 'f. Grover.stein;: A. N. 1~~-atl:!er, D. Hamilton, W. W. Roberts, W. T. Harris, W. J. Hill, T. F. f'haw., E01mett. Sh'i~gie~; J. S. Hullender, W. C. Sherpard, J. E. Kight,:.W.N; : i-;pence.; R; E. L.. w. w. Kin~id. ~. B. King,' Whitehead, Walter 1Yilliam,., Isaiah Mann, W. S. Worley, S. T. Marshall, C. B. Those n~t vofuig -\Vel-e''Messts.~ Ayes, 41; nays, 0. t I ~ ! ' .\ . ;I ~ i ' : : . . : . ., : !" : \ . . I' ~ . : 1 . 'The bill having receiiV~.J~u~.r~quisite Constitu- tional majority, was pa~ed,'.and the bill is as fol- lows: . . ~~:-~-- ' ! .,, . ,.;':ll-! FRIDAY, AUGUS:I' .11~ 1911. 783 A BILL: To be entitled an Act propo.sing an amendment to the third section of the 13eventh article of the Con.,. stitution by striking therefrom the word ''Casual Deficiencies of Revenge'' and substituting therefor the wor-ds ''such temporary deficit as may exist in the treasury in any year from necessary delay in collecting the taxes. of tha-t year" and by striking the words "two hundred thousand dollars" and substituting therefor the words "five hundred thouSRnd dollars" and any loan made for this pur- pose shall be prepaid out 'of. the taxes levied for the year in which the loan is made." Section 1. Be it enacted by the General ~ssem.bly That it shall be and is hereby propoaed to am~n~ the Constitution -of Georgia in the third sectjQn.,q .the seventh article so as .to. etr;ike f.rom paragraph one the words ''Casual Deficien~iEI'B CYf Revenue'.' an~, W. S. Those not voting were Messrs.- Edwards, C. H. Mr. Pre>~ident. Marshall, C. B. Ayes, 37 ; nays, 4. The bill having received the requisite Constitutional majority, was passed, as amended, and the amendment is inserted in the bill. The bill is as follows: A BILL To be entitled an Act proposing to amend the Constitution of Georgia by adding to the second section of said Constitution a new paragraph for requiring certain tax returns to be made to the Comptroller-General on or before the 1st day of March of each year and for requiring the taxes arising on sucp_ returns to be paid on or before the 1st day of September and to authorize the General Assembly to pass such laws as may be necessary and proper for carrying out said provisions. Section 1. Be it enacted by the General Assembly, That it shall be and is hereby proposed to amend the Constitution of Georgia by adding to the second section of the seventh article, a new paragraph to be known as paragraph six, as follows : FRIDAY, AuGUST 11, 1911. 787 ''All persons or classes of persons who were, by law of force on January 1st, 1911, required to make returns for taxation to the Comptroller-General and all who may hereafter be so required, shall, on or before the first day of March of each year, make such returns as of date of January 1st, of that year, and shall pay the taxes arising on such returns in favor of the State on or before the first of September of the same year, anything heretofore contained in the Constitution or laws of Georgia to the contrary notwithstanding. The laws of force on said date, governing such returns and payments, and the collection and enforcement thereof, shall remain of force as applicable to the returns and payments herein required until the same shall be changed by law. "The right of arbitration, as provided by law, is hereby preserved. But all arbitration concerning such returns shall be concluded before the first day of July of the several years for which such returns are made, unless otherwise provided by law; and nothing herein contained shall operate to prevent such changes in the method of arbitration as might qtherwise have been made by law had this paragraph not been adopted. ''The General Assembly shall have power to make or order all laws that may be necessary or proper for enforcing the provisions of this. paragraph." Section 2. Be it further enacted, That whenever 788 JouRNAL OF THE SENATE, the above amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly and the same has been entered upon their journals with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each Congressional Districts in this State for the period of two months next preceding the time of holding the next general election. Section 3. Be it further enacted, That the proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication as provided in the second section of this Act in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words ''For amendment to Constitution requiring tax returns to the Comptroller-General to be paid on or before September 1st, of each year," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words ''Against amendment to Constitution requiring tax returns to the Comptroller-General to be paid on or before September 1st of each year." Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. FRIDAY, AuausT 11, 1911. 789 The following resolution was read and adopted: By Mr. Sheppard- Resolved, That when the Senate adjourns today, it will reconvene at 3 o'clock P. M. On motion the Senate adjourned until 3 o'clock this afternoon. The Senate met pursuant to adjournment at 3 o'clock; was called to order by the President. Upon the call of the roll the following members answered to their names : Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, A. 0. Blalock, H. C. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, w. w. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. MQrris, W. S. Oliver, T. W. Owens, C. T. Prather, J. D. !Wberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. .Mr. President. The following message was received from the House through Mr. Boif.euillet, the Clerk thereof: Mr. President: The House has passed, by the requisite Constitu- . 790 JoURNAL OF THE SENATE, tional majority, the following bills of the House, to-wit: A bill to amend Act creating City Court of Statesboro. A bill to authorize City of Albany to vacate certain streets. A bill to amend section 824, Code 1910, relative to eligibility of jurors. A bill to amend Act incorporating City of Union Point. A bill to change time of holding Superior Court of Hart County. A bill to amend section 486, Code 1910, relative to qualified electors. A bill to amend Act to appoint a Park Commission for Savannah. A bill to repeal Act to incorporate town of Pavo. A bill to create a Bond Commission to control proposed issue of bonds for Laurens County. A bill to amend Act to incorporate town of Bullochville. A bill to amend section 4770, Code 1910, relative to inferior courts in certain Counties. FRIDAY, AuGUST 11, 1911. 791 The House has passed, by the requisite Constitutional majority, the following resolutions of the House, to-wit: A resolution donating certain cannon to Gordon College. A resolution providing for expert accountant to assist committee investigating the State Agricultural Department. A resolution for the relief of D. C. Finch. The following unfinished business was taken up and read third time to be put upon its passage: By :Mr. Beck- A bill to revise the school laws so as to create the office of State Superintendent of Schools. _ Mr. Adams offered the following resolution which was adopted: Amend section 1 by adding at end of same the following words: No person ~ho is now or has been connected with or employed by a school book publishing concern shall be eligible to membership on said State Board of Education, and if any person sha1l become so connected or employed after becoming a member of said Board, his place on said Board shall become vacant. 1\fr. Beauchamp moved to reconsider this amend- 79:2 JOURNAL OF THE SENATE, ment, and on this motion the ayes and nays were ordered and the vote is as follows : Those voting in the affirmative were Messrs.- Aaron, 0. B. Bush, I. A. Davis, J. S. Dug-gan, C. I. Hamilton, W. W. Hullender, W. C. Oliver, T. W. Prather, J.D. HherJ.>ard, J. E. William;, Isaiah Those voting in the negative were Messrs.- Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Crawford, W. D. Oopelan, E. A. Cromartie, J. A. Culbreth, T. G. Dickerson, W. T. Edwards, C. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Harris, W. J Kight, W. N. Kincaid, J. B. Mann, W. S.. 1\farshall, C. B. Mayson, J. W. Moore, 0. A. Owens, C. T. Roberts, W. T. Shaw, Emmett Shingler, J. S. Whitehead, Walter Worley, S: T. Those not voting were Messrs.- Douglass, J. B. Ennis, W. H. Hill, T. F. King, W. W. Morris, W. S. Spence, R. E. L. Mr. President. Ayes; 10; nays, 27. The motion was lost. The following amendment was offered by Mr. Crawford: By Mr. Crawford- Amend by striking section 1 as it now reads and substituting in lieu thereof a new section, to be known as number 1, to read as follows: FRIDAY, AUGUST 11, 1911. 793 Section 1. Be it enacted by the General Assembly of the State of G~orgia, and it is hereby enacted by the authority of the same, That there shall be a State Board of Education composed of the fo11ow~ ing members: The Governor, the State Superintendent of Schools, the Chancellor of the University of Georgia, the Professor of Secondary Education of said University, the President of the Normal School at Athens, the President of the Georgia Normal and Industrial School at Milledgeville, together with two Principals or Presidents from the Agricultural Schools or Colleges, two city school teachers, two common public school teachers, and two County School Superintendents, to be elected by the six officials first above named; and should, at any time, a vacancy occur therein, in the membership of the Principals or Presidents of said Agricultural Schools or Colleges, said city or common public school teachers, or said County Superintendents, same shall be filled by said Board. 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.- Adams, G. W. Brown, J.P. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Qulbreth, T. G. Dickerson, W. T. Graham, L. C. Grovenstein, A. N. Harris, W. J. Kight, W. N. King, w. w. l\Iann, '.V. S. Morris, W. S. Roberts, W. T. Shingler, J. S. Worley, 8. T. 794 JoURNAL OF THE SENATE, Those voting in the negative were Messrs.- Aaron, 0. B. Beauchamp, J. C. Blalock, A. 0. Bush, I. A. Davis, J. S. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, .T. H. Hamilton, W. W. Hill, T. F. Hullender, W. C. Kincaid, J. B. Marshall, C. B. Mayson, .J. W. Moore, 0. A. Oliver, T. W. Owens, C. T. Pmther, J. D. 'lhaw, Emmett Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Those not voting were Messrs.- Blalock, H. C. Mr. President Ayes, 17; nays, 25. The amendment was lost. The following committee amendment was offered: Amend by striking out the words ''school funds'' in line 5 of section 15, and inserting in lieu thereof ''State Treasurer.'' Those voting in the affirmative were Messrs.- Adams, G. W. Blalock, H. C. Blalock, A. 0. Brown, J.P. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Dickerson, W. T. Douglass, J. B. Ennis, W. H. Graham, L. C. Harris, W. J. Kin)!. W. W. :Mann. W. S. Moore, 0. A. Morris, W. S. Owens, C. T. Shin~ler. J. S. '""orley. S. T. FRIDAY, AuGuST 11, 1911. 795 Those voting in the negative were Messrs.: Aaron, 0. B. Beauchamp, J. C. Bush, I. A. Davis, J. S. Duggan, C. I. Edwards, C. H. Felker, J. H. Grovenstein, A. N. Hamilton, W. W. Hill, T. F. Kincaid, J. B. Mars~all, C. B. Mayson, J. W. OlheL T. W. Prather, J. D. Roberts, \V. T. Shaw, Emmett Sheppad, .1. E. Spence, R. E. L. Whitehead, Walter \Yilliams, Isaiah Those not voting were Messrs.- Hullender, W. C. Kight, W. N. Ayes, 20; nays, 21. Mr. President. rrhe amendment was lost. Report of the Committee was agreed to. Upon the passage of the bill the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative-were Messrs.- Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J. P. Bush, I. A. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. l. Edwards, C. H. Felker, J. H. GroYenstein, A. N. Hamilton, W. W. Harris, W . 1. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid. J. B. King, W. W. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. OliYer, T. W. Owens, C. T. Prather, J. D. Shaw, Emmett Shingler, J. S. Shepparc'l, J. E. Spen<'e, R. E. L. Whitehead, Walter Worley, S. T. Those voting in the negative were Messrs.- Crawford, W. D. Ennis, W..H. Graham, L. C. Morris, W. S. Williams, Isaiah 796 JouRNAL OF THE SENATE, Those not voting were Messrs.- R.oberts, W. T. Mr. PrNident. Ayes1 36; nays, 5. The bill having received the requisite Constitutional majority, was passed, as amended, and the amendments are as follows: Amend by adding at the end of section 1, the following: Provided, further, that an appointment made when the Senate is not in session shall be effective until the Legislature convenes and acts on the appointments. A new section to read as follows : Be it further enacted, That no member of the State Board of Education or any appointees of said Board or any other person or persons that has the authority of selecting or in any way aiding in the selection of school books for the schools of Georgia shall not for themselves or any member of their respective families receive any gifts, compensation or remuneration of any kind from any school book publishing house corporation or individuals or the agents or representatives of either, nor shall any person, publishing house or corporation engaged in publishing or the sale of school books offer to any of said board or their families or appointees any gift, compensation or remuneration directl-y: or indi- FRIDAY, AUGUST 11, 1911. 797 rectly. Any person violating the provisions of this section shall be guilty and punishable as for a misdemeanor. Should any of the aforementioned publishing houses, corporations or persons engaged in selling or publishing or selling school books offer to any of the aforementioned officers, their families or appointees, any such compensation, remuneration or reward of any kind, it shall be their duty to report the same to the grand juries of their respective counties, and on failure or refusal to do so, they or either of them so failing .or refusing shall be guilty and punishable for a misdemeanor, and said officer, on conviction thereof, shall be removed from office. Amend by adding at end of section 2 the following: They shall not be required to give more than 30 days annually of their time to this work. Amend section 7 by striking all of line 3 and down to "for" in line 4. Amend by adding after the word expense in 15th line, the words provided the same shall not exceed $2,000. Amend by substituting four for two whenever it occurs in line 8. Provided that the County School Superintendent and County Boards of Education shall make rules to govern the County schools of their respective Counties. 798 JouRNAL OF THE SENATE, Amend by adding in line 10, section 10, after the words expended: All such funds held by officials must be kept in banks, separate from their inclividual accounts. Amend by adding at the end of section 20, the following: No school trustee or teacher shall be interested financially in the transportation of pupils. Amend by adding at the end of section 18, the following: Provided, that such County Board of Education shall have authority to establish two schools in any school district in this State if they deem it best to do so. Amend by adding the following proviso to section 20: Provided, that this shall only apply to schools when two or more districts have been combined or consolidated, and such other schools as are now furnished transportation. Amend by adding to section 22, the following words : "Nor shall any of the provisions of this Act apply to the school system of any municipality having a population of one hundred thousand people or more. By Mr. Adams- Amend section 1 by providing that the nominations of the Governor for membership on the State Board of Education shall be subject to confirmation by the Senate. FRIDAY, AuGusT 11, 1911. 799 Amend by adding after the word "expense" in loth line, the words ''the total expenses for the four appointments shall not exceed $100." Amend section 3 by adding at the end thereof the following words, to-wit: "Not, however, to exceed $1,800.00 per annum, more than at present paid.'' Amend by inserting in Section VIII, of House bill No. 14, as passed by substitute, the following words in line-, after the word "Georgia" and before the word "and": "or in lieu thereof shall have a di- ploma from a reputable college or normal school, or shall have had five years experience in the actual supervision of schools." Section VITI. Amended by striking the words ''in the schools of Georgia,'' in line 4. To amend section 9 by adding after '' Supervisors," the following: "Whose professional qualifications shall be same as State Superintendent's.'' Amend section X by adding to end the-reof the following words: "Provided, the total expenses shall not be more than $1,000 per annum." Amend section 12 by striking out in the 5th line the word "Octoher," and insert after the word "election" the words "for State house officers." Am~nd b~ inserting in section XIV of House bill No. 14. as passed by substitute, the following words 800 JOURNAL OF THE SENATE, in line 3, after the word "license" and before the word ''and'': ''or in lieu thereof shall have a diploma from a reputable college or normal school, or shall have had five years experience in the actual supervision of schools. Amended by adding after the word ''license'' in the - line, and before the word ''and'' the words: ''or stand an approved examination before the State Board as to his qualifications." Amend section 16. Insert after the word "local- ity" in 5th line, and before the word "but" in the same line, the following: ''Nor shall they select any person who resides within the limits of a local school system operated independent of the County Board of Education." Amend, at the end of section 17, the following: ''Said board may suspend the County Superintendent same as State Superintendent, and may suspend teachers same as County Superintendent. In each . case there may be an appeal to State Board." Amends section 19 by adding after ''notice'' m the 8th line of said section: ''By publishing the same once a week for 4 weeks in the paper m which County ,advertisements are published, and also by posting notices at 3 or more public places in the district, or districts to be affected thereby.'' The following House resolutions were read :first time: FRIDAY, AuausT- n,-- t9li. 801 By Messrs. Holtzclaw and Hobbs:_ A resolution for the relief of the estate of J. W. Rushing. r Referred to General Judiciary Committee. By Mr. Foster- A resolution, That the Comm.ittee on Georgia School for the Deaf be permitted to visit the institu- . tion during vacation. , ' Laid on table. By Messrs. Nix and Wilson- A resolution to provide for the visiting of convict' camps after adjournment of the General Assembly. Referred to Committee on Penitentiary. By Mr. Gardner- A resolution donating cannon to Gordon College - -. and releasing bond for same. Referred to Committee on Education. By Messrs. Ault, Wimberly, Cabaniss, Hickson and Bush- A resolution to provide for an expert accountant 802 JOURNAL OF THE SENATE, to assist in making investigation of Agricultural Department. Laid on table. By Mr. Murphy- A resolution for the relief of D. C. Finch. Referred to General Judiciary Committee. The following House bills were read first time: By Messrs. Massengale, Cabaniss and Johnson- A bill relating to deduction from weights or prices of cotton for bagging and ties. Referred to Committee on General Agriculture. By Messrs. Stovall and Cordell- A bill providing for four regular terms of Elbert Superior Court. Referred to General Judiciary Committee. By Messrs. Dorsey, liord and M:urphy- A bill to establish the Department of Game and Fish, and for other purposes. Referred to Committee on General Agriculture. FRIDAY, AUGUST 11, 1911. 803 By Messrs. Brown, McElreath and Brown- A bill to fix the salaries of Clerk Superior Court and other County officers in certain Counties of this State. Referred to General Judiciary Committee. By Messrs. Lawrence and McCarthy- A bill to regulate the compensation of certain court officers in certain Counties of this State. Referred to General Judiciary Committee. By Mr. Patten- A bill to amend the Act creating the Board of Commissioners of Roads and Revenues for Berrien County. Referred to Committee on Counties and County Matters. By Mr. Jackson- A bill to regulate the working of public roads in White County. Referred to Committee on Public Roads. By Mr. Simpson- A bill to incorporate Ball .Ground School District. 804 JOURNAL OF THE SENATE, Referred to Committee on Education. By Mr. Chandler- A bill to incorporate the City of Canon~ in the Counties of Hart and Franklin. Referred to Committee on Corporations. By Mr. Chandler- A bill to authorize the City of Canon to establish a system of public schools. Referred to Committee on Education. By Mr. Kent- A bill to amend the road laws of .Montgomery County. Referred to Committee on Public Roads. By Mr. Spear- A bill to establish the City Court of Pembroke Referred to Special Judiciary Committee. By Mr. SummerlinA bill to incorporate the City of Bremen. Referred to Committee on Corporations. FRIDAY, AuausT 11, 1911. 805 By Mr. Taylor- A biJI to amend the Act establishing the City Court of Waycross. Referred to Special Judiciary Committee. By Mr. Parker- A bill to amend section 486 of the Code. Referred to Committee on Privileges and Election. By Mr. MacFarland- A bill to amend section 824 of the Code. Referred to General Judiciary Committee. By Messrs. Anderson and Lawrence-- A bill to amend section 4770 of the Code. Referred to General Judiciary Committee. By Mr. Merritt- A bill to amend an Act incorporating the City of Union Point. Referred to Committee on Corporations. By Messrs. Jones and Williams- A bill to amend the Act incorporating Bullochville. 806 JouRNAL OF THE SENATE, Referred to Committee on Corporations. By Messrs. Murphy and Williams- A bill to amend an Act creating the City Court of Statesboro. Referred to Special Judiciary Committee. By Mr. McCurry- A bill to change the time of holding the Superior Court for the County of Hart. Referred to the Committee. By Messrs. Anderson, Lawrence and McCarthy- A bill to amend an Act to create and organize a Park and Tree Commission of the City of Savannah, Referred to CommHtee on Corporations. By Mr. White- A bill to create a Bond Commission to expend, control and use the proceeds of the bond issue of $300,000.00 for Laurens County. Referred to Committee on Counties and County Matters. By Mr. ReeseA bill to repeal an Act approved December 22, FRIDAY, AUGUST 11, 1911. 807 1898, entitled an Act to incorporate the town of Pavo. Referred to Committee on Corporations. The following is the Steering Committee of the Senate: President, Chairman ex-officio; Blalock, ViceChairman, 26th District; Crawford, Copelan, Ennis, Morris. 808 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., Saturday, August 12, 1911. The Senate met pursuant to adjournment at 9 o'clock and was called to order by the President. Prayer was offered by the Chaplain. Upon the call of the roll the following members answered to their names : Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Oopelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harr;s, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, W. W. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore. 0. A. Morris, W. S. OliYer, T. W. Owens, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett 1 Shingler, J. S. Sheppar,l., J. E. Spence, R. E. L. WhiteheJrl, Walter William;, Isaiah Worley, S. T. :Mr. President On motion the reading of the journal was dispensed with. Mr. Harris, Chairman of the Committee on Finance, submitted the following report: Mr. President: The Committee on Finance has had under consid- SATURDAY, AuausT 12, 1911. 809 eration the following Senate Bill, which I am instructed to report back to the Senate with the recommendation that the same do pass by substitute, towit: A bill to take all taxes off of dogs in this State and to repeal conflicting Iaws. Respectfully submitted, WM. J. HARRis, Chairman. Mr. Kincaid, Ohairman 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 bills of the Senate, to-Wit: A bill 'to repeal the Act approved Aug. 13, ~909, which repeals a.Il laws authorizing the issue of gran~ to land under headrights. A bill to amend the 3d section of the 7th Article of the Oonstitution, striking therefrom the words "Casual Deficiencies of Revenue," etc. Respect;fully submitted, J. R. KINcAID, Chairman. 810 JouRNAL OF THE SENATE, Mr. Dickerson, Chairman of the Committee on Corporations, submitted the following report: M1. President: The Committee on Corporations has had under consideration the following House bills, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A bill to amend the Charter of the City of Molena. A bill to amend the Charter of the town of Kirkwood. A bill to amend the Charter of the City of Marietta. A bill to incorporate the town of Tyrone. A bill to incorporate the town of Inman. A bill to incorporate the town of Aberdeen. Also the following House bill do pass as amended : A bill to amend the Charter of the City of Macon. Respectfully submitted, W. T. DICKERSON, Chairman. Mr. GroYenstein, Ohairman of the Committee on Public Roads, submits the following report: SATURDAY, AUGUST 12, 1911. 811 Mr. President: The Committee on Public Roads have had under consider8Jtion the fellowing bills of the House, which I am instructed to report back to the Senate with the recommendation that the same do pass: A bill to amend the road laws of Montgomery County, and for other purposes. A bill to be entitled an Act to regulate the working of public roads in county of White, and for other . purposes. A. N. GROVENSTEIN, Chairman. r. Roberts, Chairman of the General Judiciary Committee, submits the following report: . Mr. President : The General Judiciary Committee has had under consideration the following bill of the Senate, which it instructs me to report back to the Senate with the recommendation that the same do pass. A bill to permit Railroad Companies to accept advertising from weekly newspapers of this State for transportation, and for other purposes. Respectfully submitted, W. T. RoBERTs, Chairman. 812 JouRNAL OF THE SENATE, Mr. Mann, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President: The Committee on Special Judiciary has had un- der consideration the following House bill, which I am. instructed to reprot back to the Senate with the recommendation that the same do pass, to-wit: A bill to create a new Judicial Circuit, to be known as the Dublin Judicial Circuit. Respectfully submitted, W. S. MANN, Chairman. Mr. Dickerson, Ohairman of the Committee on Corporations, submitted the following report: Mr. President: The Committee_ on Corporations has had under consideration the following Hlouse 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 City of Canon, in ooun ties of Franklin and Hart. A bill to authorize and empower the City of Albany to close and vacate certain parts of certain stree'UJ. SATURDAY, AuGUST 12, 1911. 813 A bill to repeal an Act approved December 22, 1898, being Act No. 175 of Georgia laws of 1898, entitled ''An Act to incorporate the town of Pavo in Coulllties of Thomas and Brooks, and for other purposes.'' A bill to amend an Act approved November 30, 1895, entitled an Act to create and organize a Park and Tree Commission for the City of Savannah. A bill to incorporate City of Bremen. A bill to amend an Act entitled ''An Act to incor- porate the town of Bullochville, etc.;" approved December 20, 1893. A bill to amend an Act approved August 15, 1904, incorporating the City of Union Point in the County of Green. Respectfully submi~, W. T. DICKERSON, Chairman. The following House bill w.as read first time: By Mr. Jones- A bill to authorize and empower the City of Al- bany to close and vacate certain parts of certain streets, and for other purposes. . ~ . :. Referred to the Coxnmittee on .C~rporations. 814 JOURNAL OF THE SENATE, The following House bills and resolutions were read second time : By Messrs. Ault, Wimberly, Cabaniss, Hickson and Bush- A resolution providing for an expert accountant to assist in making investigation of Agricultural Department. By Mr. Foster- A resolution that the Committee on Georgia School for the Deaf be permitted to visit the Institution during vacation. By Mr. Frederick- A bill to amend the Act establishing system of public schools for Oglethorpe. By Messrs. Alexander and Field- A bill to amend the Act incorporating the town of Kirkwood. By Mr. Ragsdale- A bill to amend section 16 of the Act to establish a system ofpublic schools for the town of Dallas. By Messrs Hall, Wimberly and DeForeA bill to amend the Charter of the City of Macon SATURDAY, AuausT 12, 1911. 815 By Mr. Kent- A bill to amend the road laws of Montgomery County. By Mr. Jackson- A bill to regulate the working of public roads in White County. By Messrs. Chaney and York- A bill to amend the Charter of the City of Marl- ~ etta, in Cobb County. By Mr. Redwine- A bill to incorporate the town of Aberdine, in Fayette County.- By Messrs. Chaney and York- A bill to amend an Act of the General Assembly approved August 19, 1905, authorizing the issue of bonds by the City of Marietta. By Mr. Gardner- A bill to amend the Act incorporating Molena, r:tKe County. By Mr. Redwine- A bill to incorporate the town of Tyrne, in the County of Fayette. 816 :JOURNAL .OF THE SENATE, By Mr. Foster- A bill to a'Uthorize th{r County of Newton to issue bonds in the aggregate sum of $50,000. By Mr. Green- A bill to amend' an .Act amending the ChartEr of Guyton. By Mr. Elder- A bill to a~ehd 'th~ Act inoorporating the town of Bogart. By Messrs. White and Taylor- . .A bill to ere~~ 18.' ~~~'Judicial Circuit, and for other purposes. By Mr. Montgomery- ! . :)i"!'..t : I :: 1 A bill to amend. tb,e Act ~uthorizing the establish- ment of' a syst~;n' of"imbli~ aehools for the City of Hazelhurst. . . By Mr. Redwine- : .. ' i~!) i I: A bill to incorporate the town of Inman, in Fayette County. The following Senate bill was read second time and recommitted=. : J " SATURDAY, AUGUST 12, 1911. 8L7 By Mr. Slaton- A bill to provide for tuition in the Technological I School. Tlhe following Senate bills were read third time and put upon their passage: Ry Messrs. Edwards, Kincaid and Oliver- A bill to take all taxes off dogs in this State. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 26 ; .?.;,;,. nays, 4. The bill having received the requisite Constitutional majority, was passed by substitute. By Mr. Felker- A bill to permit the railroads of this State to accept advertising from weekly newspap~rs for transportation for certain persons. 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 : 818 JOURNAL OF THE SENATE, Those voting in the affirmative were Messrs.- Aaron, 0. B. Adams, G. W. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstel.n, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, W. W. Mann, W. S. Mayson, J. W. Morrs, W. S. Owens, C. T. Roberts, W. T. Rhingler, J. ~ ShepparJ, J. E. Rpenee, R. E. L. Those voting in the negative were Messrs.- Beauebamp, J. C. Blalock, H. C. Moore, 0. A. Oliver, T. W. Prather, J. D. Shaw, Emmett Whitehend, Walter William:s, Isaiah Worley, S. T. Those not voting were Messrs.- Cromartie, J. A. Marshall, C. B. Ur. P~ident. The bill having received the requisite Constitutional majority was passed as amended, and the amendments are as follows: Amend by adding "and daily newspapers" in the captioo and body of bill. By Mr. Harris- A bill to amend section 1249 of the Code SQ no:~ tu add Rockmart 1o the list of State Depositories. Report of the Committee was agreed to. SATURDAY, AuGusT 12, 1911. 819 Upon the passage of the bill the ayes were 33 ; nays, 0. The bill having received the requisite Constitutional ma.jority, was passed. By unanimous consent the following Senate bill was read second time and recommitted to the Committee on State Sanitarium. By Mr. Adams- A bill to change the name of the Georgia State Sanitarium to that of Georgia State Hospital for the Insane. Senator Sheppard's resignation on the Committee to revise the Judiciary System was accepted and Senator Ennis was appointed in his place. The foll'Owing House bills were read second time : By Mr. Chandler- A bill to incorporate the City of Canon. By Messrs. Anderson, Lawrence and McCarty- A bill to amend the Act creating the Park and Tree Commission of Savannah. 820 JOURNAL OF THE SENATE, By Mr. Reese- A bill to repeal the Act approved December 22, 1898, incorporating the town of Pavo. By Messrs. Jones and Williams- A bill to amend the Act incorporating the town of Bullochville. By Mr. Merritt- A bill to amend the Act incorporating the City of Union Point. By Mr. Summerlin- A bill to incorporate the City of Bremen. f_Dhe 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 incorporate the town of Comer. A bill to amend charter of town of Marshalville. A bill to amend Acts incorporating town of Smyrna. SATURDAY, AuGusT 12, 1911. 821 A bill to amend Act incorporating town of Tunnel Hill. A bill to amend Section 3250, Code 1910, relative to land processioners. A bill to prescribe qualifications of voters for special elections. A bill to authorize DeKalb County to issue bonds. A bill to further regulate -the sale of fertilizers in this State. A bill to incorporate the City of Woodville. A bill to amend Acts incorporating the City of Forsyth. A bill to make appropriations for the ordinary expenses of the State, and for other purposes. The following Honse bills were read second time: By Mr. SimpsonA bill to incorporate Ball Ground School District. By Mr. McCurry- A bill to establish mountain and operate a system of public schools in the town of Bowersville. 822 JouRNAL OF THE SENATE, By Mr. Chandler- A bill to authorize the City of Canon in the Counties of Franklin and Hart to establish and maintain system of public schools. By Mr. GardnerA resolution donating cannon to Gordon College. Mr. Beauchamp, Chairman of the Committee on Education, submitted the following report: Mr. President: The Committee on Education has had under consideration the following House bills, whioh I am instructed to report hack to the Senate with the recommendation that the same do pass, to-wit: A bill to authorize the City of Canon, in the Counties of Franklin and Hart, to establish and maintain a system of public schools for said City. A bill to incorporate the Ball Ground School District in Cherokee County. A bill to establish, maintain and operate a system of public schools in the town of Bowersville, Hart County. The Collimittee also had under consideration the following House Resolution, which I am instructed SATURDAY, AUGUST 12, 1911. 823 to report back to the Senate with the recommendation that the same do pass, to-wit: A resolution donating cannon to Gordon College, and receiving bond for same. The Committee 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 provide for tuition in Technological Schools. Respectfully submitted, J. C. BEAUCHAMP, Chairman. Mr. Roberts, Chairman of the Committee on General Judiciary, submitted the following report: Mr. President: The Committee on General Judiciary has had under consideration the following House bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A bill to fix the salaries of the Clerk of the Superior Court and other officers in certain Counties, and for other purposes. Respectfully submitted, W. T. RoBERTS, Chairman. 824 JouRNAL OF THE SENATE, The following House bills were read third time and put upon their passage : By Messrs. Joiner and Low- A bill to amend the charter of Tennell. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 34; nays, 0. The bill having received the requisite Oonstitu- tional majority, was passed. By Mr. Turner- A bill to create a charter for the town of Gray. Report of the Oommittee was agreed to. Upon the passage of the bill the ayes were 25 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. LeSeur~ A bill to fix the time of holding Superior Court in Crawford County. Report of the Oommittee was agreed to. SATURDAY, AuGUST 12, 1911. 825 Upon the passage of the bill the ayes were 23; nays, 0. rrhe bill having received the requisite Constitutional majority, was passed.. By Mr. Hall- A bill to elect the Judge of the County Court of Echols County by the people. 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. McCurry- A bill to abolish the City Court of Hartwell. Report of the Oommittee was agreed to. Upon the passage of the bill the ayes were 23; nays, 0. The bill having received the requisite Constitutional majority, was passed as amended, and the amendments are as follows: Provided, this Act shall not go into effect until October 1, 1911, and that the judge of said Court 826 JouRNAL OF THE SENATE, shall have 30 days to hear and pass on all motions before said Court. By Messrs. Nix and Wilson- A bill to abolish the office of County Commissioners of Gwinnett County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 23 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Messrs. Cheney and York- A bill to establish the City Court of Marietta, 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 as amended, and the amendments are as follows: Senate Committee proposes to amend the bill as follows: Amend Section .2 by striking out the word, ''who'' SATURDAY, AuGUST 12, 1911. 827 in third line thereof and by adding after the word ''court'' in the third line and before the word "shall" in same line the following: "And the Judge of said City Court of Marietta, for the first term of office beginning October 1st, 1911, for a term of four years, subject to the provisions of Section 52 of this bill, shall be J. J. Northcutt, of Acworth, Cobb Oounty, Georgia, and all succeeding Judges." Also by striking out all of said Section after the word ''convene'' in the thirteenth line down to and including the word "coonvene in the eighteenth line of said Section. Committee amends Section 4 by adding after the word "Court" and before the word "appointed" in the third line of said Section the following: ''And the Bolicitor of satd City Court of Marietta for the first term of office beginning October 1, 1911, for a term of four years, subject to the provisions of Section 52 of this Aci, sha11 be E. H. Clay, of Marietta, Cobb County, Georgia, and all succeeding Solicitors shall be.'' Oommittee further amends Sections 4 by striking out all the words after the word "years" in the sixth line of said Section up to and including the wod ''be,'' and inserting in lieu thereof the words ''It shall be the duty of the Solicitor of said City Court." Committee further amends Section 4 by striking out in the fifteenth line after the word "thereafter" the following: ''And should the Senate not be in 828 JOURNAL OF THE SENATE, session when the Solicitor is first appointed for said Court after the establishment thereof, then and in that event said appointment shall be submitted to the Senate when it shall next convene thereafter." Committee amends the bill further by striking out all of Sections 51 and 52 and inserting the following Sections in lieu thereof to be known as Sections 51 and 52, respectively: Section 51. Be it further enacted by the author..: ity aforesaid, Tlhat from and after the passage of this Act, and approval of the Governor, the s'aid City Court of Marietta be and the same is hereby established, with J. J. Northcutt, of Acworth, Cobb County, Georgia, named and appointed as Judge thereof, and E. H. Clay, of Marietta, Cobb County, Georgia, named and appointed as Solicitor of said City Court of Marietta, and that when they and the other officers of the Court have qualified, then the Judge shall arrange for the selection of a Jury to serve at the first term of said Court to be held, which said term shall be held on the first Monday in October, 1911, when said Court shall be organized and proceed to dispose of business as provided by this Act. After the qualification of the officers of said Court, suits may be filed and process issue as in the Superior Court, to the first term, the first Monday in October, 1911. Section 52. Be it further enacted by the authority aforesaid, That at the next State election for SATURDAY, AuousT 12, 1911. 829 Governor of Georgia, whether regular or special, the question of whether or not the City Court of Marietta shall be abolished or continued, shall be submitted to the voters of Cobb County. At said election all persons shall be entitled to vote who would be qualified to vote for 'members of the General Assembly. At said election each person voting who shall be in favor of said City Court of Marietta shall have printed on their ballots, '' For City Court of Marietta,'' and those desiring to vote against the maintenance or oontinuance of said City Court shall have written or printed on their ballots "Against City Court of Marietta.'' Said election shall be held in conformity with the rules of the general election in this State. In the event a majority of those voting in said election in this State. In the event a majority of those voting in said election shall decide against the continuance of the said City Court of Marietta, said City Court shall stand abolished from and on the first day of January thereafter, and all business of said Court shall by operation of law stand transferred and shall be transferred to the Superior Court of Cobb County. In the event a majority of those voting in said election shall decide in favor of the continuance of the said City Court of Marietta, then this Act slrall remain in full force and effect. By Messrs Youmans and Waller- A bill to amend the Act relating to the City Court of Swainsboro. 830 JOURNAL OF THE SENATE, Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Fields- A bill to amend the Act authorizing the election of Commissioners of Roads and Revenues for DeKalb County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 24; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Messrs. Youmans and Waller- A bill to amend the a:ct establishing the City Court of Swainsboro. 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. SATURDAY, AUGUST 12, 1911. 831 By Messrs. Slade and Wohlwender- A bill to provide for the election of Judge and Solicitor of City Court of Columbus by the people. 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 Alexander of DeKalb-- A bill to amend the charter of the town of Decatur. 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. Bush- A bill to establish the City Court of Quitman, in Brooks County. Report of the Committee was agreed to. 832 JOURNAL OF THE SENATE, Upon the passage of the bill the ayes were 24; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Green- A bill to change the time for holding Effingham Superior Court. Report of the Committee was agreed to. Upon the pasg.age of the bill the ayes were 24; nays, 0. The bill having received the requisite Constitutional majority, was passed. . By Mr. Kent-' A bill to change the terms of holding Montgomery Superior Court. Report of the Committee was agreed to. Upon the pasS'age of the bill the ayes were 26; nays, 0. The bill having received the requisite Constitutional majority, was passed. SATURDAY, AUGUST 12, 1911. 833 By Mr. Beck- A bill to repeal the Act establishing the City Court of Quitman, Brooks 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 a:s amended. Amendments are as follows: Insert the following for Section 5: Section 5. Be it further enacted, That all judgments hereafter rendered in t~e said City Court of Quitman shall be enforced by having execution issue thereon by the Clerk of the Superior Court, and executed by the Sheriff of Brooks County, and that all cases now pending in the City Court of Quitman in which judgments have not been rendered shall be transferred to the Superior Court of Brooks County for trial. By Mr. Bell- A bill to create a Board of Commissioners of Roads and R-evenues for Milton County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27; nays, 0. 834 J OUBNAL OF THE SENATE, 'llle bill having received the requisite Constitutional mJajority, was passed. By Mr. Melton- A bill to prohibit the sale of near beer and intoxi- . eating liquors in Terrell County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 26; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Melton- A bill to repeal an Act approved December 25, 1898, amending the charter of the City Court of Dawson. 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. Stephens- A bill to change and revise the number of terms of Superior Court of Johnson County. SATURDAY, AuouST 12, 1911. 835 R-eport of the Committee was agreed to. Upon the passage of the bill the ayes were 24; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Hires- A bill to create a Board of County Commissioners gf Colquitt 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 Constitu- . tional majority, was passed as amended, and the amendments are as follows: ; Amend Section 2 by adding at the end of 9th line thereof and after the word elected the following: from the :five Commission districts of said County of Colquitt as now laid out by Act of 1909, page 387. Amend Section 5 by striking out in the 5th line thereof the :figures $100.00 and substituting in lieu thereof $62.50. By Mr. Redwine- A bill to amend the charter of the City of Fayetteville. 836 JouRNAL oF THE SENATE, Report of the C()~ttee was agreed to. Upon the passage of the bill the ayes were 24; nays, 0. The bill haying received the requisite Constitutional majority, was passed~ By Mr. Joiner- A bill to amend an Act to create a new charter 0 for the town of Harrison. 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. 0 By Mr. Melton- A bill to amend th~ charter of the town of Bron- wood. Report of t~e Comniittee 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. j. SATURDAY, AuGUST 12, 1911. 837 The following House bill was read first time: By Mr. McElreath- A bill to make appropriations for the expenses of the State Government, and for other purposes. Referred to the Committee on Appropriations. Mr. Dickerspn moved that the Senate adjourn until Monday morning at 11 o'clock. On this motion the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were Messrs.- Adams, G. W. Blalock, H. C. Brown, J.P. Crawford, W. D. Copelan, E. A. Culbreth, T. G. Dickerson, W. T. Ennis, W. H. Felker, J. H. Graham, L. C. Harris, W. J. Hill, T. F. Kight, W. N. Kincaid, J. B. King, W. W. Mann, W. S. Morris, W. S. Prather, J. D. Roberts, W. T. Shingler, J. S. Worley, S. T. Those voting in the negative were Messrs.- Aaron, 0. B. Beauchamp, .J. C. Bush, I. A. Douglass, J. B. Dngg1>n, C. I. Grovenstein, A. N. Hamilton, W. W. Hullender, W. C. Mayson, J. W. Moore, 0. A. Shaw, Emmett Oliver, T. W. Rheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Those not voting were Messrs.- Edwards, C. H. Edwards, C. H. Oliver, T. W. Ayes, 21; nays, 16. Mr. President The motion prevailed. 838 JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA., Monday, August 14, 1911. The Senate met pursuant to adjournment at 11 o'clock; was called to order by the President. Prayer was offered by the Chaplain. Upon the call of the roll the following members answered to their names : Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copeland, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, \Y. H. Felker, J. H. Gral:am, L. C. GroYenstein, A. N. Hamilton, W. W. Harris. W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kineaid. J. B. King, W. W. Mann, W. S. Marshall. C. B. Mayson, J. W. Moore, 0. A. )forris, W. S. Olinr, T. W. Owens, C. T. !'rather, J. D. Roberts, \Y. T. Shaw, Emmett ~hinzler, J. S. Sher;pard, J. E. Slaton, John M. Spenee. R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Mr. Prtsident. By unanimous consent the reading of the journal was dispensed with. Mr. Oliver was granted leave of absence from today 's session on account of sickness. :Mr. Kight, Acting Chairman of the Committee on Engrossing, submitted the following report: MoNDAY, AuGUST 14, 1911. 839 Mr. President : The Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House of Representatives the following bills of the Senate, to-wit: A bill to provide for the sanitation of bakeries, canneries, packing houses, etc. A bill to amend section 972, vol. 1 of the Code of 1910 regulating the tax on dogs. A bill to create a Live Stock Sanitary Board, to define its duties, and for other purposes. A bill to permit railroads to accept advertising from newspapers of this State for transportation of editors of such papei~s, their employees and immediate members of their families. A bill.to prohibit owners of cemeteries from interfering with the burial of the dead by prescribing arbitrary regulations. A bill to amend the Constitution of Georgia by adding to the second section a new paragraph for requiring certain tax returns to be made to the Comptroller-General on or before March 1st of each year. A bill to -amend Section 1249 of the Code of 1910 840 JouRNAL OF THE SENATE, so as to add the City of Rockmart to the list of State depositories. Respectfully submitted, W. N. KIGHT, Acting Chairman. Mr. Mann, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President: The Committee on Special Judiciary has had under consideration the following House bills, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A bill to establish City Court of Pembroke, Ga. A bill to amend an Act to create City Court of Statesboro, approved August 10, 1903. A bill to amend an Act to establish City Court of Waycross. Respectfully submitted, W. S. MANN, Chairman. Mr. Aaron, Acting Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. President: The Committee on Counties and County Mattrrs MoNDAY, AuousT 14, 1911. 841 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 Bond Commission to expend, control .and use the proceeds of a proposed bond issue of $300,000, for the County of Laurens. A bill to amend an Act approved August 23, 1905, amending the Act creating the Board of Commissionel'S of Roads and Revenues 'Of Berrien, approved September 20, 1887, so as to provide for the election and compensation of a Clerk of the said Board. A bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for Liberty County." A bill to amend an Aot to abolish the County Commissioners of Roads and Revenues in the County of Wilkes. A bill to.increase the number of Board of Commissioners of Screven County from three to eleven; to provide for their compensation, and for other purposes. The Committee als'O had under consideration the following House bill, which I am instructed t-o re- port back to the Senate with the recommendation that the same do not pass, to-wit: 842 JouRNAL OF THE SENATE, I A bill to amend the Act approved August 21, 1906, authorizing the election of a Commissioner of Roads and Revenues for DeKalb County. Respectfully submitted, 0. B. AARoN, Acting Chairman. Mr. Adams, chairman of the Committee on State Sanitarium, submits the following report: M.r. President: The Committee on State Sanitarium, having had under eonsideration the following Senate bill, report same back with the reoommendation that it do pass, VIZ.: Senate bill No. 119, to change the name of the Georgia State Sanitarium, to provide for the appointment of trustees, to make it unlawful to abandon on the grounds persons without the consent of the Superintendent, and for other purposes. GEORGE W. ADAMS, Chairman. '.Dhe 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: MoNDAY, AuGUST 14, 1911. 843 A bill to re-incorporate the City of Cordele. A bill to repeal an Act to establish City Court of Moultrie. A bill to amend charter of City of Augusta. A bill to create a new charter for town of Pavo. A bill to amend Acts incorporating town of Lilly. A bill to create a Board of Commissioners of Roads and Revenues for Fr~klin County. A bill to create the office of Commissioners of Roads and Revenues for County of Gwinnett. A bill to amend Act incorporating the City of Royston. A bill to create a new charter for the city of Glennville. A bill to amend Act to incorporate town of Hiram. A bill to authorize town of Dallas to issue bonds. A bill to create a Board of Commissioners of County of Gwinnett. A bill to repeal office of Commissioner of Roads and Revenues for Franklin County. 844 JouRNAL OF THE SENATE, A bill to amend Act establishing new charter for City of Atlanta. The House has passed by the requisite Constitutional majority, the following Resolution of the House, to-wit: A Resolution to appoint Joint Committee on the subject of uniform legislation in municipal charter and county government. A Resolution to appropriate $217.20, balance per diem and mileage dul to the late Hon. H. C. Smith, of Tattnall County. The House has passed by the requisite Constitutional majority the following bill of the .Senate, towit: A bill to amend Act incorporating Scotland. The following message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr. President: 'illle House has passed by the requisite Constitutional majority the following bins of the House, towit: A bill to fix compensation of Treasurer of Richmond County. . . MoNDAY, AuGUST 14, 1911. 845 A bill to amend an Act to establish City Court of McRae. A bill to reapportion the CongresRional Districts. The following House res'Olutions and bills were read :first time: By Mr. Hall- . ::.. A resolution to appropriate the ~mn of $217.20, balance per diem and mileage duel~t~ H. c. Smith, to Mrs. P. A. Smith. Referred to the Committ~ . ; .. :o.:.p. Ap ~ -: :: p. . r. o ' p r i a t i o n s . By Mr. Chandler- . ' ' : ', ! ' ! ~ I : I ::. A bill to repeal an Act to create tlte =office of Com- missioner of R.oads and Revenues for Franklin County. : ~ 1 : : , : : r ..~. Referred to the .Com.nrittee . o~ ~ Counties and County Matters. By Messrs. Brown, McElreath ~nd Westmoreland- : ' . ! . i ~;:' i . : 1 ,' L . A bill Atlanta. to establish a new charter fo'.r... the City . of . Referred to Committee on Corporations. ,'!. The following House bills were read :fi:nlt time: 846 JouRNAL m THE SENATJo:, By Messrs. Cabaniss and Joiner- A bill to further regulate and control the sale of commercial fertilizer in this State. Referred to the Committee on Agriculture. By Mr. MerrillA bill to incorporate the City of Woodville. Referred to the Committee on Corporations. By Mr. Frederick- A bill to amend the charter of Marshalville so as to provide for a Bond Commission. Referred to the Committee on Corporations. By Messrs. Worsham and Jackson- A bill to amend the. Act approved December 18, 1902, to consolidate and certify the various Acts incorporating the City of Forsyth. Referred to the Committee on Corporations. By Mr. Reese-- A bill to create a new charter for the town of Pavo. Referred to the Committee on Corporations. MoNDAY, AuousT 14, 1911. 847 By Messrs. Smith and Tippins- A bill to create a new charter for the City of Glenville. Referred to the Committee on Corporations. By Messrs. Blaclrshear, Vinson and Garlington- A bill to amend the charter of the City of Augusta. Referred to the Corporations Committee. By Mr. Adkins- A bill to amend, co.nsolidate and . suspend the sev- era] Acts incorporating the City of Lilly. Referred to the Committee on Corporations. By Mr. Chandler- A bill to amend the Act incorporating the City of Royston. Referred to the Committee on Corporations. By Mr. Gower- A bill to re-incorporate the City of Cordele. Referred to .the Committee on Corporations. 848 JouRNAL OF THE SENA'rE, By Mr. Ragsdale- A bill to amend the Act incorporating the town of Hiram. Referred to the Committee on Corporations. By Mr. Ragsdale- A bill to authorize the iown of Dallas to Issue bonds. :1. Referred to:: the Committee on Corporations. By Mr. Hires- A bill to repeal'the...Aet establishing the City Court of Moultrie. Referred to the Special Judiciary Committee. A J:>ill to auP.lJ.on~~ J;le:I{alb County to issue bonds and to establish a SiDking Fund Commission. Referred:' t.o. . : t .h e ~ .Co. m m . itt ee . on Counties and County M-atters. By Mr. Ohandler-;- A bill to create a Boai-d of Commissioners of Roads and Revenues for Franklin County. MoNDAY, AuGUST 14, 1911. 849 Referred to the Committee on Counties and County Matters. By Messrs. Nix and Wi}son- A bill to create the office of Commissioner of Roads and Revenues for Gwinnett County. By Mr. Tarver- A bill to amend the Aot approved March 4, 1886, incorporating the town of Tunnell Hill. Referred to the Committee on Corporations. By Mr. Thompson- A bill to amend the Act incorporating the town of Comer. Referred to the Committee on Corporations. By Mr. White-- A bill to prescribe the qualifications of voters for special elections and the duties of Tax Collectors and the Registers with reference thereto by amending section 6~ of the Code of 1910 and by repealing section 61 and substituting a new section therefor. Referred to the General Judiciary Committee. By Mr. Foster---: A bill to amend section 3250 of the Code of 1910. 850 JouRNAL OF THE SENATE, Referred to the General Judiciary Committee. ByMessrs. Nix and Wilson- A bill to create a Board of Commissioners for the County of Gwinnett. Referred to the Committee on Counties and County Matters. By Mr. Alexander- A resolution to provide for a Joint Committee on the subject of uniform legislation in municipal charters. Referred to the Committee on Corporations. 'l'he following Senate bills were read third time and put upon their passage. By Mr. Harris- A bill to amend the Act to regulate the business of insurance in this State. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 30; nays, 0. 'lfue bill having received the requisite Constitutional majority, was passed by substitute. MoNDAY, AuousT 14, 1911. 851 By Mr. Slaton- A bill to provide for tuition in the Technological School. Report of the Committee was agreed to. Upon the passage of the bill the ayes were ::!. : nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Adams- A bill to change the name of the Georgia State Sanitarium to that of Georgia Hospital for the Insane. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 24 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. The following Senate bill was read first time: By Mr. Owen- A bill to put in force in all counties in this State having a population of between 9,750 and 9,950 what is known as the alternative Road law. 852 JouRNAL OF THE SENATE, Referred to the Committee on Counties and County Matters. The following resolution of the Senate was read -second time and adopted by substitute. By Mr. Owen- A resolution to urge the American Poultry Association to hold its next annual meeting in Atlanta. The following House bills were read second time: By Messrs. Brown, McElreath and Westmoreland- A bill to fix the salaries of the county officers of this State within certain counties. By Mr. Speer- A bill to establish the City Court of Pembroke. By Messrs. Cheney and York- A bill to amend the Act incorporating the town of Smyrna. By Mr. White- A bill to increase the number of Board of Commissioners of Screven County. MoNDAY, AuGuST 14, 1911. 853 By Mr. Jones- A bill to authorize and empower the City of Albany certain streets. By Mr. Patten- A bill. to amend the Act creating the Board of Commissioners of Roads and Revenues for Berrien County. By Mr. DuBose:__ A bill to amend an Act to abolish the County Commissioners of Wilkes County. By Mr. Parker- A bill to amend an Act to create a Board of Commissioners of Roads and Revenues of Liberty County. By Mr. Taylor- A bill to establish City Court of Waycross. By Messrs. Murphy and Williams- A bill to amend the Act creating City Court of Statesboro. By Mr. White- A bill to create a Board of Commissioners to ex- 854 .JouRNAL OF THE SENATE, pend and control the proceeds of $300,000 bond issue for Laurens County. By Messrs. Nix and Wilson- A resolution to provide for visiting Convict camps during vacation. By Mr. McElreath- A bill to make appropriation for the expenses of the State government for the years 1912 and 1913. This bill was recommitted to .the Appropriations Committee. Mr. Marshall, 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- sion 'to the Senate, the following bill of the Senate, to-wit: A bill to regulate the business of insurance in this State, by changing section 13. C. B. MARSHALL, Ohairman. The following House bills were read third time and put upon their passage. MoNDAY, AuGUST 14, 1911. 855 By Mr. McCurry- A bill to establish and maintain a system of public schools in the town of Bowersville. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25 ; nays, 0. T=he bill having received the requisite Constitutional majority, was passed. By Mr. Ragsdale- A bill to amend section 16 of the Act establishing a system of public schools for the town of Dallas. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 24 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Alexander- A bill to provide that whenever by existing laws the erection of cemeteries is prohibited in any county without the permission, shall be likewise unlawful to establish the same in adjoining counties. 856 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 as amended, and the amendments are as follows: By adding A Bill to be entitled an Act, section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same. By Mr. Frederick- A bill to amend the Act establishing system of public schools for Oglethorpe. 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. Peacock- A bill to amend Section 5 .of the Act approved August 19, 1907, to change the amount of taxes levied for public roads for Toombs County. MoNDAY, AuGusT 14, 1911: 857 Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Messrs. Alexander and Field- A bill to amend the Act incorporating the town of Kirkwood. Report of the Committee was agreed to. Upon the passage of the bill ihe ayes were 24; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Harvey- A bill to amend an Act to establish the City Court of Abbeville. 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. 858 . JOURNAL OF THE SENATE, By Messrs. Hall, Wimberly and DeFore- A bill to amend the charter of the City of Macon. Report of tilie Committee was agreed to. Upon the passage of the bill the ayes were 25; nays, 0. 'IIhe bill having received the requisite Constitutional majority, was passed as amended, and the amendments are as follows : By striking from section 16 the words one per centum when it occurs and inserting 11/g per centum. And by inserting the words ~ of 1 per cent. and inserting the words 1fs of 1 per cent. By Messrs. Fullbright and Jones- A bill to create a Board of Commissioners of Roads and Revenues for the County of Burke. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Messrs. White and Taylor- A bill to create a new Judicial Circuit, and for MoNDAY, AuausT 14, 1911. 859 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 Mr. Chandler- A bill to re-arrange the Northern and Western Judicial Circuits. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29; nays, 0. The bin having received the requisite Constitutional majority, was passed. By Mr. ~ferritts- A bill to amend the Act approved August 15, 1904, incorporating the City of Union Point. Report of the Committee WJas agreed to. Upon the passage of the bill the ayes were 29; nays, 0. '.Dhe bill having received the requisite Constitu- 860 SouRNAL OF THE SENATE, tional majority, was passed, as amended. Amendments are as follows: Those in favor of the adoption of the amendments shall have written or printed on their ballots the words, ''For the adoption of the amendments,'' and those voting against the amendments shall have written or printed on their ballots the words ''Against the adoption of the amendments.'' By Messrs. Cheney and York- A bill to amend an Act of the General Assembly approved August 19, 1905, authorizing the issue of bonds by the City of Marietta in Cobb County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Buchannon- A bill to make it unlawful to shoot and kill game birds in Early County for a period of five years. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29 ; nays, 0. MoNDAY, AuousT 14, 1911. 861 The bill having received the requi~ite Constitutional majority, was passed. By Mr. Patten- A bill to prohibit the sale of beer or intoxicating liquors in Berrien 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. The following House bills were read first time and referred. By Mr. Cook- A bill to amend Act establishing City Court of McRae. Referred to the Special Judiciary Committee. By Mr. Anderson- A bill to reapportion the Congressional Districts of this State. Referred to. the Congressional and Legislative Reapportionment Committee. 862 JOURNAL OF THE SENATE, By Mr. Garlington- A bill to fix the compensation of Treasurer of Richmond County. Referred to the Committee on Counties and County Matters. By Mr. Tippins- A b~ll to create a new charter for the City of Surrency. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 24; nays, 0. The bill ha-ving received the requisite Constitutional majority, was passed. By Mr. Ragsdale- A bill to create a new charter for the town of Dallas. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 33 ; nays, 0. 'I'he bill having received the requisite Constitutional majority, was passed. MoNDAY, AuGusT 14, 1911. 863 By Mr. Simpson- A bill to incorporate the Ball Ground School District in Cherokee 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. Watts- A bill to incorporate the town of Benevolence, in Randolph 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. Harrell- A bill to amend Section 1249 of the Code so as to add Lumpkin to the list of State Depositories. Report of the Committee was agreed to. JouRNAL OF THE SENATE, Upon the pass~e of the bill the ayes were 24; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Buchannon- A bill to make certain provisions as to the City Court of Blakely. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 23 ; nays, 0. T!he bill having received the requisite Constitutional majority, was passed. By Mr. Chandler- A bill to repeal the Act incorporating the town of Wilburn. Report. of the Committee was agreed to. Upon the passage of the bill the ayes were 24; nays, 0. The bill having received the requisite Constitutional majority, was passed. MoNDAY, AuausT 14, 1911. 865 By Messrs. Lawrence, Alexander and McCarty- A bill to fix the compensation of guards and turnkeys in certain -counties of the State. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 24; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. White- A bill to reduce the number of County Commissioners of Laurens 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. Foster- A bill to authorize the County of Newton to issue bonds in the aggregate sum of $50,000. Report of the Committee was agreed to. 866 JouaNALOF THE SENATE, Upon th~ passage of the bill the ayes were 23; nays, 0. The bill having received the requisite Constitutional majo~ity, was passed. By Mr. Tippins- A bill to amend an Act approved December 1st, 1897, entitled an Act to establish the City Court of Baxley. 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. Royal- A bill to amend the Act of August 21, 1906, establishing the City Court of Ellaville. 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. MoNDAY, AuGUST 14, 1911. 867 By Mr. Middleton- A bill to amend the General County Court Act so far as the same applies to Wayne colinty. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 23; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Butts- A bill to amend the charter of the City of Bruns.wick. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 24; nays,O. The bill having received the requisite Constitutional majority, was passed. By Mr. Butts- A bill to amend and consolidate the several Acts incorporating the city of Brunswick. Report of the Committee was agreed to. 868 JouRNAL OF THE SENATE, Upon the passage of the bill the ayes were 23 ; nays, 0. The bill ha:ving received the requisite Constitutional majority, was passed. By Mr. Hires- A bill to amend the Act incorporating the town of Obe. R-eport 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. Jackson- A bill to regulate the working of public roads in White County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 24; nays, 0. The bill having received the requisite Constitutional majority, was passed. MoNDAY, AuausT 14, 1911. 869 By Mr. Gardner- A bill to amend the Act incorporating the City of Molena. 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 Consittutional majority, was passed. By Mr. Kent- A bill to incorporate the town of Alamo in Montgomery 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. Thompson- A bill to amend the Act incorporating the town of Hull. This bill was tabled. By Mr. Longino- A bill to amend section 1249 of Code of 1910 so as to add Flairburn to list of State Depositories. 870 JOURNAL OF THE SENATE, 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. On motion the Senate adjourned until tomorrow morning at 9 o'clock. TuESDAY, AUGUST 15, 1911. 871 SENATE CHAMBER, ATLANTA, GA., Tuesday, August 15, 1911. The Senate met pursuant to adjournment at 9 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 : Aaron, 0. B. Adams, G. W. Beauehamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copeland, E. A. Cromartie, J. A. Crubreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, W. W. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Oliver, T. W. Owens, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett %ingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Mr. President. By unanimous consent the reading of the Journal was dispensed with. "Mr. Roberts, Chairman of the General Judiciary Committee, submitted the following report: Mr. President: The General Judiciary Committee has had under 872 JouRNAL OF THE SENATE, 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 regulate the hearing of motions for new trials in vacation. The Committee also recommends that the following bills of the House do pass. A bill to amend section 824 of the Code. A bill to amend section 3250 of the Code. A bill to amend Board of Commission laws as relates to Liberty County. A bill to amend section 4770 of the Code. A bill to regulate the compensation of court officers in counties with a city of sixty-five thousand population. A bill to prescribe the qualification of votes for special elections and the duties of Tax Collectors. The Committee also recommends that the following resolution of the House do Ii.ot pass. A resolution for the relief of D. C. Finch. Respectfully submitted, W. T. RoBERTS, Chairman. TuESDAY, AuousT 15, 1911. 873 Mr. Dickerson, Chairman of the Committee on Corporations, submitted the followin~ report: Mr. President: The Committee on Corporations has had under consideration the following House bills which I am instructed to report back to the Senate with therecommendation that the same do pass, to-wit: A bill to amend an Act incorporating the town of Comer, in Madison County. A bill to authorize the town of Dallas to 1ssue bonds. A bill to amend an Act incorporating the town o( Hiram, Georgia, and for other purposes. A bill to amend the Charter of Marshallville, Georgia, so as to provide for a Bond Commission. A bill to amend an Act approved March 4, 1856, incorporating the town of Tunnell Hill. A bill to amend the charter of the City of Augusta, Georgia. A bill to establish a new charter for the City of Atlanta, Georgia. A bill to re-incorporate the City of Cordele. 874 JouRNAL OF THE SENATE, A bill to create a new charter for the City of Glennville. A bill to incorporate the City of Woodville. A bill to create a new charter for the town of Pavo. A bill to amend, consolidate, and supersede the Act incorporating the city of Lilly, and for other purposes. The Committee also had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass as amended, to-wit: A bill to amend and supersede the Act incorporating the town of Smyrna. The Committee also had under consideration the following House resolution yhich I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A resolution for appointment of a Joint Committee on. the subject of uniform legislation in municipal charters and county government. Respectfully submitted, W. T. DICKERSON, Chairman. Mr. Aaron, Acting Chairman of the Committee on Engrossing, submitted the following report: TuESDAY, AuGusT 15, 1911. 875 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 resolution: A bill to change the name of the Georgia State Sanitarium and for other purposes. A bill to provide for tuition in the Georgia School of Technology. A resolution inviting the American Poultry Association to hold its meeting for 1912 in the City of Atlanta. Respectfully submitted, 0. B. AARoN, Acting Chairman. Mr. Bush Chairman of the Committee on Agriculture submitted the following report: Mr. President: The Committee on Agriculture has had under consideration the following bill of the House 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 further regulate and control the sale o( commercial fertilizers in this State. 876 JouRNAL OF THE SENATE, The Committee has also had under consideration the following bills of the House which I am instructed as its Chairman to report back to the Senat~ with the recommendation that the same do pass, towit: A bill to establish the Department of Game and Fisli. A bill relating to the deduction from weights or price of cotton for bagging or ties. Respectfully submitted, IsAAC A. BusH, Chairman. Mr. Hill, Chairman of the Committee on Privileges and Election, submitted the following report:. Mr.. President: 'lJhe ..C(JJJlmittee on Privileges and Election has had under consideration the following House bill which I a.m instructed to report back to the Senate with the recommendation that the same do pass, towit: A bill to amend section 486 of volume 1, of the Code, adopted August 15, 1910 by striking out from the second and third lines of said sections and for other purposes. Respectfully submitted, T. F. HILL, Chairman. TuESDAY, AuGusT 15, :i9n. 877 Mr. Hill, Vice Chainnan of the Committee on County and County Matters, submitted the following report: Mr; President: The Committee on County and County Matters 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 put in force in all Counties in this State having a population of between 9750 :8nd 9950 what is known as the "Alternative Road Law." The Committee also had under consideration the following House bills which I am instructed to reporl back to the Senate with thereconi.mendation that the same do pass, to-wit: A bill to repeal an Act to create the office of Commissioners of Roads and. Rev~n-qes. A bill to fix the compensation of the Treasurer of Richmond County. A bill to authorize DeKalb County to issue bonds . and to establish a sinking fund Commiss~on. of A bill to create a. Board of Commissioners of Roads and Revenues for the Co~ty Fr~nklin and for other purposes. . 878 J~PRNAL OF THE SENATE, A bill To create a Board of Commissioners for the County of Gwinnett. A bill to create the office of Commissioners o~ Roads for the County of Gwinnett. Respectfully submitted, T. F. HILL, Vice Chairman. Mr. Ennis, Chairman of the Committee on Appropriation submitted the following report: Mr. President: The Commit~e .on. Appropriation has had 1lllder consideration the fQllowing House resolution which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A resolution. to. appropriate the sum of $217.20 balance of per diem and mileage due the late H. C. Smith, member of the House, to his widow, Mrs. P. A. Smith. Re8pectfully submitted, ENNIS, Chairman. The following 'IOOSsage was received from the House through Mr. Boi.feuillet, the Clerk thereof: Mr. President: The House has concurred in the Senate amendments to the following Bills of the House to-wit: TuESDAY, AuouST 15, 1911. 879 A bill to establish City Court of Marietta. A bill to repeal Act to establish City Court of Quitman. A bill to create Board of County Commissioners for Colquitt County. A bill to repeal Act to establish City Court of Hartwell. The Speaker of the House has appointed, under provisions of H'ouse Resolution No. 135, relative to mlinicipal charter and county government, the following members as Committee on part of House towit: Messrs. Alex8llder, Blaekshe~, DeFore .of. Bibb. The House has passed by the requisite Constitutional majority the following bills of the House towit: A bill to appropriate $4,500.00 to Public Building Fund. .. A bill to appropriate $5,000.00: to construct on annex to the Hospital Bujlding at Confederate Sol- diers' Home. ' A bill to amend section 1249 Code 1910 so as to add Uvalda to list of State DepositbrieB. : 880 JOUBNAL OF. THE SENATE, A bill to amend :section 1269 Code 1910, so as tq add Reynolds to list of State Depositories. : '' .. A bill to create a new charter for City of Baxley. A bill to appropriate $270.13 to pay witnesses appearing before Committee investigating convict system. ~' . i . A bill to amend Act providing for establishment and maintenance of schools of Agriculture. T.he House has passed by the requisite Constitu- tional majority the following resolutions of the House to-wit: : A resolution to authorize the sale of one hundred acres of land situated in Sumter County. A resolution to appropriate $240.00 to pay ex- penses of Commission to receive bids for Governor's Mansion. ' .. ~ .. ' A resolution to make appropriation to meet deficiency in printing fund of 1911. A resolution to appoint Insurance Committee to revise Insurance laW'S A resolution to appoint Joint Committee to revise Banking Laws. , On motion the following bill of the Ho~se was re- TuESDAY, AuousT 15, 1911. 881 ceived which was passed on yesterday and recommitted to Education Committee. By Mr. Ragsdale- A bill to amend section 16 of an act establishing a system of public schools for Dallas. The following House bills were read 2nd time. By Mr. Parker- A bill to amend section 486 of volm:ne 1 of Code. By Mr. McFarland- A bill to amend section 824 of the Code. By Mr. Foster- A bill to amend section 3250 of the Code. By Messrs. Cabaniss and Joiner- A bill to further regulate and control the sale of commercial fertilizer in this State. By Messrs Massengale, Cabaniss and Johnson- A bill relating to deduction from weights on price of cotton for bagging and ties. 882 JouRNAL OF THE SENATE, By Messrs. Dorsey, Lord and Murphy- A bill to establish the Department of Game and Fish. By Mr. Garlington- A bill to fix the compensation of Treasurer of Richmond County. By Messrs. Brown, McElreath and Westmoreland- A bill to establish a new charter for the City of Atlanta. By Messrs. Anderson and Lawrence-A bill to amend section 4770 of the Code. By Mr. Ragsdale-A bill to amend an act incorporating Hiram. By Mr. Gower- A bill t-o incorporate the City of Cordele. By Mr. Frederick- A bill to amend the charter of the town of Marshallville. By Mr. ThompsonA bill to incorporate the town of Comer. TuESDAY, AuGUST 15, 1911. 883 By Messrs. Nix and Wilson- A bill to create the office of commissioner of Roads and Revenues of Gwinnett County. By Mr. Alexander- A bill to authorize DeKalb County to issue bonds and to establish a sinking fund. By Mr. White- A bill to prescribe the qualifications of voters in special elections. By Messrs. Blackshear, Vinson and Garlington- A bill to amend the Charter of the City of Augusta. By Mr. Chandler- A bill to repeal the Act creating the office of Commissioner of Roads and Revenues of Franklin County. By Mr. Franklin- A bill to create the office of Commissioner of Roads and Revenues for Franklin Co. By Mr. Adkins- A bill .to amend and supersede the several Acts incorporating the City of Lilly. 884 JOURNAL OF THE SENATE, By Mr. Merritt- A bill to incorporate the City of Woodville. , By Mr. Ragsdale- A bill to authorize the town of Dallas to issue bonds. By Messrs. Nix and Wilson- A bill to create a board of Commissioners of Roads and Revenues for Gwinnett County. By Mr. Tarver- A bill to amend the Act approved March 4th 1856 incorporating the town of Tunnel HilL By Messrs. Cheney and York- A bill to amend and supersede the Act incorporating the town of Smyrna. By Mr. Reese- A bill to create a new charter for the town of Pavo, By Messrs. Smith and Tippins- A bill to Create a new charter for the City o~ Glenville. TuESDAY, AuousT 15, 1911. 885 By Messrs. Lawrence and McCarty- A bill to regulate the compensation of court offi-, cers in Counties of this State having therein a citY with a population of sixty-five thousand. By Mr. Hall- A resolu.tion to appropriate the sum of $217.20 balance of per diem and mileage due late H. C. Smith to Mrs. P. A. Smith. The following resolution of the Senate was read and adopted. By Mr. Shaw- A resolution providing that the President of the Senate appoint a Committee of 5 from the Senate to investigate conditions at Soldiers Home. The following bill of the Senate was read 3rd time and put upon its passage. By Mr. Dickerson- A bill to authorize the City of Douglas to issue additional bonds. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25, nays 0, the bill having received the requisite Constitutional majority was passed. 886 JouRNAL OF THE SENATE, The following House bills were read 3rd time and put upon their passage. By Mr. Parker- A bill to amend the Act creating the Board of Commissioners of Roads and Revenues for Liberty County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27, nays 0, the bill having received the requisite Constitutional majority was passed. By Mr. White- A bill to increase the number of the Board of Commissioners of Screven County from three to eleven; 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 Constitutional majority was passed. By Messrs. Brown, McElreath and Westmoreland- A bill to fix the salaries of the Clerk of the Superior Court and other officers in certain counties. Report of the Committee was agreed to. TuESDAY, AuausT 15, 1911. 887 Upon the passage of the bill the ayes were 25, nays 0, the bill having received the requisite Constitutional majority was passed. By Mr. Chandler- A bill to incorporate the City of Canon in the counties of Franklin and Hart. Report of the Committee was agreed to. Upon the passage of the biJl the ayes were 25, nays 0, the bill having received the requisite Constitutional majority was passed. By Mr. Chandler- A bill to authorize the City of Canon in the County of Fra.nk1in to establish a system of public schools. The 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. Green- A bill to amend an Act entitled an Act to inc~r porate the town of Guyton. Report of the Committee was agreed to. 888 JouRNAL OF THE SENATE, Upon the passage of the bill the ayes were 25, nays 0, the bill having received the requisite Constitutional majority, was passed. By Mr. Patten- A bill to amend an Act approved August 23, 1905, amending the Act creating the Board of Commissioners of Roads and Revenues of Berrien County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25, nays 0, the bill having received the requisite Constitutional majority was passed. By Mr. DuBose- A bill to amend an act to abolish the County Commissioners of Roads and Revenues in Wilkes County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25, nays 0, the bill having received the requisite Constitutional majority was passed. By Mr. Parker- A bill to amend the Board of Commission laws as regards Liberty County.and for other purposes. Report of the Committee was agreed to. TuESDAY, AuGUST 15, 1911. 889 Upon the passage of the bill the ayes were 34, nays 0, the bill having received the requisite Constitutional majority was passed, as amended, and the amendments are as follows: By striking the word11 the voters of said County in the 19th and 20 lines of section 1 and inserting in lieu thereof the words of qualified voters voting at said election. Amend further by striking the words the voters of said County in 2nd line of second page and inserting in lieu thereof the words qualified voters voting at said election. Amend further: By striking the words three in the second section and inserting five in lieu thereof. The ayes and nays were called on the above bill and the vote was as follows: Those voting in the affirmative were Messrs.- Aaron, 0. B. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Cromartie, J. A. Culbreth, T. G. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. King, W. W. .Mann. W. S. Mayson, J. W. Mc.rris, W. S. Oliver, T. W. Prather. J. D. Roberts, W. T. f1haw, Emmett Shingler, J. 8. Spence, R. E. L. WhiteheA, Walter William:,, Isaiah Worley. S. T. Those not voting were Messrs.- Adams, G. W. Copelan, E. A. Crawford, W. D. Davis, J. S. Marshall, C. B. Moore, 0. A. Owens, C. T. Sheppard, J. E. Mr. President. 890 JouRNAL oF THE SENAT)\ By Mr. Speir- A bill to establish the City Court of Pembroke. ~eport of the Committee was agreed to. Upon the passage of the bill the ayes were 34; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Elder- A bill to amend an Act incorporating the town of Bogart. 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. Taylor- A bill to amend an Act to establish City Court of Waycross. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25 ; nays, 0. TuESDAY, AuGusT 15; 1911. 891 The hill having received the requisite Constitutional majority, was passed. By Messrs. Anderson, Lawrence and McCarthy- A bill to amend an Act approved November 30, 1895, entitled an Act to create and organize a Park and Tree Commission for the City of Savannah. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Summerlin- A bill to amend Act to incorporate City of Bremen. 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. Harrell- A bill to amend an Act approved August 11, 1905, 892 JouRNAL oF THE SENATE, to incorporate the City of Colquitt in lieu of the town of Colquitt so as to change the corporate limits of said city. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Lawrence- A bill to regulate the compensation of stenographers of certain Judicial Circuits. 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. Montgomery- A bill to amend an Act approved December 18, 1901, authorizing the establishment of a system of public schools in the City of Hazelhurst. Report of the Committee was agreed to. TuESDAY, AuGUST 15, 1911. 893 Upon the passage of the bill the ayes were 23 ; nays, 0. The bill having received the requisite Constitu- . tional majority, was pa~sed. By Mr. Green- A bill to amend an Act approved July 20, 1908, entitled "An Act to create the City Court of Springfield.'' 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. Taylor- A bill to amend an Act entitled an Act establishing the City Court of Waycross. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25; nays, 0. The bill having received the requisite Constitutional majority, was passed. 894 JouRNAL OF THE SENATE, By Mr. Spier- A bill to abolish the County Court of Bryan County, Georgia, 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 Constitutional majority, was passed. By Messrs. Chaney and York- A bill to amend the charter of the City of Marietta. 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. White- A bill to create a Board of Commissioners to expend, control and use the proceeds of a proposed bond issue of $300,000 for Laurens County. Report of the Committee was agreed to. TuESDAY, AuGUST 15, 1911. 895 Upon the passage of the bill the ayes yere 26; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Reese- A bill to repeal an Act approved December 22, 1898, incorporating the town of Pavo. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 26; nays, 0. 'Tihe bill having received the requisite Constitutional majority, was passed. By Mr. Jones- A bill to authorize and empower the City of Albany to close certain streets. 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. AtkinsA bill to amend the charter of the City of Vienna. 896 JouRNAL oF THE SENATE, Report of the committee was agreed to. Upon the passage of the bill the ayes were 25; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Green- A bill to amend the charter of the town of Guyton. 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. Redwine- A bill to incorporate the town of Tryone in Fayette County. Report of the Committee was agreed to. Upon the passage of the bill the ayes wete 27; nays, 0. The bill having received the requisite Constitutional majority, was passed. TUESDAY, AUGUS~ 16, 1911. 897 By MessrS'. Jones and William&- A bill to amend the Act incorporating the town of Bullochville. 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. Redwine- A bill to incorporate the town of Aberdeen. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 26; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Messrs. McCarthy, Anderson, Lawrence and Slade- A bill to create a Department of Labor, and for Qther purposes. The following amendment was offered: By adding at the end of said Section 2 the words 898 JouRNAL OF THE SENATE, Provided,that nothing in this Act shall be construed to apply to farm or agricultural labor. 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.- Aaron, 0. B. Ad81IDS, G. W. Beaoohamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Oopeland, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. -1liver, T. W. Owens, C. T. Prnther, J. p. Roberts. W. T. Shaw, T<~mmett Rhin;_der, J. S. Sheppartl, J. E. ~pence, R. E. L. Whitehead, Walter Worley, S. T. . Williams, Isaiah Those voting in the negative were Messrs.- Crawford, W. D. King, W. W. Those not voting were Messrs.- Graham, L. C. Kincaid. J. B. Mr. PrPsident Ayes, 39; nays, 2. The amendment was adopted. The following amendment was offered: Amend by adding that this Act shall not apply to sawmill and turpentine .labor. On this amendment the ayes and nays were or- as dered and the vote is follows: TuESDAY, AuousT 15, 1911. 899 Those voting in the affirmative were Messrs.- Aaron, 0. B. Adams, G. W. Blalock, H. C. Brown, J.P. Bush, I. A. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Harris, W. J. Hill, T. F. Kight, W. N. Mann, W. S. Marshall, C. B. Moore, 'o. A. Oliver, T. W. Prather, J. D. Roberts, W. T. Shin~ler, J. S. Spence, R. E. L. .Whitehe11d, Walter Williams, Isaiah Worley, S. T. Those voting in the negative were Messrs.- Beauchamp, J. C. Crawford, W. D. Davis, J. S. Ennis, W. H. Hamilton, W. W. Hullender, W. C. King, W. W. Mayson, J. W. Morris, W. S. Owens, C. T. Shaw, Emmett Sheppard, J. E. Those not voting were Messrs.- Blalock, A. 0. Kincaid, J. B. Ayes, 29; nays, 12. Mr. Pr~ident. The amendment was adopted. The following amendment was offered: By adding at the end of section 2 'the following: Provided, that nothing in this Act shall have reference to labor in cotton or woolen mills. On this amendment the ayes and nays were ordered, and the vote is as follows: 900 JouRNAL OF THE SENATE, Those voting in the affirmative were Messrs.- Aaron, 0. R ' Duggan, C. I. Moore, 0. A. Blalock, H. C. Edwards, C. H. Oliver, T. W. Brown, J. P, Felker, J. H. Pvather, J. D. Copelan, E. A. Graham, L. C. Shingler, J. S.. Culbreth, T. G. Hill, T. F. Williams. Isaiah Dickerson, W. T. Kight, W. N. Worley, S. T. Those voting in the negative were Messrs.- Adams, G. W. Beauchamp, J. C. Blalock, A. 0. Bosh, I. A. Crawford, W. D. Cromartie, J. A. Davis, J. S. Ennis, W. H. Grovenst~in, A. N. Hamilton, W. W. Harris, W. J. Hullender, W. C. King, W W. Mann, W. S. Marshall, C. B. Mayson, J. W. 2\-Iorris, W. S. Roberts, W. T. Shaw. Emmett Sheppard, J. E. Spence, R. E. L. WhitP.head, Walter Those not voting were Messrs.- Douglass, J. B. Kincaid, J. B. Owens, C. T. Mr. Pn;;ident. Ayes, 18; nays, 22. The amendment was lost. Amend by striking from section 1 the following: ''The Commissioner shall be appointed by the Governor, by and with the advice and consent of the Senate, for the term of two years, such appointment to be made within thirty days after the passage of this Act,'' and substitute in lieu thereof the followings, to-wit: Said Commissioner of Labor shall be elected by persons qualified to vote for members of the General TUESDAY, AUGUST 15, 1911. 901 Assembly, at the same time, and in the same manner, and under the same rules and regulations as the Governor and State House officers, and shall hold his office for two years, and until his successor is elected and qualified, unless removed in the manner now prescribed by law for the removal of officers of the State Government. In case of a vacancy in the office of Oommissioner of Labor from any cause, such. vacancy shall be filled by appointment by the Governor, which appointee shall hold the office until his successor is elected and qualified. The first election for Commissioner of Labor as above provided, shall tak eplace at the first general election following the passage and approval of this bill. Amend by striking the last paragraph of the amendment and by inserting in lieu thereof the following: The first election for Commissioner of Labor shall take place at the special election which shall be ordered and held for Governor to fill the unexpired term of the present Governor, and such Commissioner shall hold office until his successor shall have been elected at the next general election for State House officers, and until his successor shall qualify. On the adoption of this amendment the ayes and nays were ordered and the vote is as follows: 902 JouRNAL OF THE SENATE, Those voting in the affirmative were Messrs.- Adams, G. W. Beauehamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Oopelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. GrovmstPin, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. King, W. W. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Monis, W. S. Oliver, T. W. Owens, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett Shi!lgler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter William.,, Isaiah Worley, S. T. Those voting in the negative were Messrs.- Aaron, 0. B. Those no.t voting were Messrs.~ Kight, W. N. Kincaid J. B. Mr. Prc<;ident. AyeS', 40; nays, 1. The amendment was adopted. The previous question was cailed on the bill and amendments and main question ordered. On the passage of the bill the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were Messrs.- Adams, G. W. Beauchamp, J. C. Blalock, A. 0. Bush, I. A. Crawford, W. D. Cromartie, J. A. Davis, J. S. Douglass, J. B. Ennis, W. H. TuESDAY, AuGusT 15, 1911. 903 Grovmstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Marshall, C. B. Mayson, J. W. Morris, W. S. Owens, C. T. Roberts, W. T. Shaw. Emmett Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Those voting in the negative were Messl"S.- Aaron, 0. B. Blalock, H. C. Brown, J.P. Copelan, E. A. Culbreth, T. G. Dickerson, W. T. Duggan, C. I. Edwards, C. H. Felker, J. H. Kight, W. N. King, w. w. Moore, 0. A. Prather, J. D. Shingler, J. S. Williams, Isaiah Worley, S. T. Those not voting were Messrs.: Graham, L. C. Kincaid, J. B. Mann, W. S. Oliver, T. W. Ayes, 23; nays, 16. Mr. President The bill having received the requisite Constitutional majority, was passed as amended, and the amendments are as follows: Amend title of the Act by substituting the words ''Department of Commerce and Labor'' for ~he words "Department of Labor" and the words "Commissioner of Commerce and Labor'' for the words "Commissioner of Labor." Amend by striking after the word office in the 21st line of section one the following words : ''and shall have no other business." 904 JOURNAL OF THE SENATE, By Mr. Kent- A bill to amend the road laws of Montgomery County- Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Messrs. Murphy and Williams- A bill to amend the Act creating the City Court of Statesboro. Approved August 10, 1903. 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 bill and resolutions were read first time. By Mr. Cook- A bill to amend the Act establishing the City Court of McRae. TuESDAY, AuGusT 15, 1911. 905 Referred to the Special Judiciary Committee. By Mr. Hall- A resolution to appropriate the sum of $240.00 for purpose of paying expenses of the Committee to receive bids for Executive Mansion. Referred to Committee on Appropriations. By Mr. McElreath- A resolution to make appropriation to meet the deficiency in the printing fund for 1911. Referred to Committee on Appropriations. By Mr. Nisbett- A resolution to authorize the sale and transfer of 100 acres of land in Sumter County to Agricultural College. Referred to Committee on Corporations. By Mr. Turner- A resolution to appoint a Joint Committee from the House and Senate to meet in vacation to reviS'e and codify the banking laws. Referred to the Committee on Banks. 906 JOURNAL OF THE SENATE, By Mr. Gower- A bill to appoint a Committee to revise the insurance laws. Laid on table for one day. By Mr. Tippins- A bill to create and establish a new charter for the City of Baxley. Referred to the Committee on Corporations. By Mr. Elworth- A bill to appropriate to the Public Building Fund the sum of $4,500, and to the Contingent Fund $3,280.22 to supply deficiencies. Refer:r:ed to Committee on Appropriations. " By Mr. Hollis- A bill to amend section 1249 of the Code so as to add the town of Reynolds to the list ~f State Depositories. Referred to the Committee on Banks. By Mr. McElreathA bill to appropriate $270.13 to pay the expensee TuESDAY, AuGusT 15, 1911. 907 of the Committee to investigate the convict system. Referred to Committee on Appropriations. By Mr. Kent- A bill to amend section 1249, vol. 1 of the Code su as to add Uvalda to list of State Depositories. Referred to Committee on Banks. By Mr. Redwine- A bill to provide for the establishment and maintenance of School of Agriculture and Mechanical ArtS'. Referred to Committee on Agriculture. By Mr. Massengale- A bill to make appropriation of $5,000 to construct an annex to Soldiers Home. Referred to Committee on Appropriations. Mr. President : The Committee of Inspection of the Western and Atlantic Road beg to submit the following report upon the condition of this valuable property owned by the State: Your Committee left Atlanta on a special train 908 JOURNAL OF THE SENATE, .July 15th, 1 :3'0 p. m., being in company of the Committee from the House, thus giving opportunity to compare views and to be mutually benefited by the knowledge and experience of the other. Mr. Harmon, the genial Passenger Agent of the lessees and Mr. McCullum, the veteran Superintendant of Construction, were present to entertain and to give information to the Committees. We find the Road in the same good condition which committees have been pleased to report from year to year. Some five years ago the work of laying the road with new 80-pound steel rails was begun, and we learn from the Superintendent was completed in due time. On some of the curves new rails are again being placed, the wear and tear being so great as to make this necessary every few years, but we are pleased to note that the sharp curves are being made easier, which will _add greatly to s'afety, and, at the same time, will greatly decrease the cost of maintenance of way. We find the ballastings deep and well set upon the road-bed, broad and splendidly drained; the surfacing well done; the cuts wide, sloping and well ditched; the emba111.kments full, perfectly settled and sodded, thus giving protection against washing rains. The crossties are of good post and white oak, which hold the spikes against the severest strains, reducing the danger of track-spreading to a minimum. We find the curves so correctly elevated to TuEsDAY, AuGUST 15, 1911. 909 the maximum speed usually attained that oscillations and jerks are almost eliminated;. thus giving comfort and safety to the traffic. The bridges a:.:e almost, if not entirely .of steel, and are so safe and sound that at no point is it necessary to reduce speed. The switches are of best safety patents, with appliances so arranged as to show the positions of the switch targets to the engineer or runners around the curves, giving ample distance in which to bring their trains to a stop, if the target should show the danger signal. We call special attention to the splendid drill yards north of Atlanta, completed by the lessees at a cost of approximately $150,000.00. Such yards as these are. greatly needed at Chattanooga to give more track room; and in order that the valuable property now being used for storage and drill tracks may be placed to .more profitable use. 'Po show the earning capacity. of this road we submit the following statement: CoMPARATIVE STATEMENT oF TJIE EARNINGS OF THE WEsTERN AND ATLANTic R.ur.RoAD BY YEARs. I I Year ! Gross Ending IEarnings I June 30 i I Net 1Gross Earn- Net Earn- Earnings 1 ings per ings per I Mile Mile ----+-----, 1904 I 2343199.84 718388.971 19306.24 5919.00 I 1905 I 2323385.33 642570.17 . 19142.99 1906 ' 2525735.69 618681.44 20810.21 5294.31 5097.48 1907 : 2782714.23 553008.36 22927.53 4556.38 I 1908 II 2664757.17 689243.47 1909 2646758.61 762509.06 1910 2695390.84 1022368.25 18732.89 18606.39 18948.26 4845.27 5360.34 7187.12 . 910 JOURNAL OF THE SENATE, . In the above statement we find the gross earnings for 1907 greater than for any other year and the net earnings less, but the cause can be easily traced, since during 1906, 1907 and 1908 heavy outlays were made for steel rails and other road equipment. The year. 1910 shows a heavy increase in net earnings with only a slight increase in gross earnings, making it apparent that the necessity for heavy expenditures did not then exist. The Committee viewed the various tracts of land offered to the State for drill and storage yards, and is of the opinion that it will be greatly to the advantage of the State to secure such property at an early date, before prices further advance and while these properties are under the control of single ownerships. It recommends that this matter be placed in hands of the Special Joint Committee provided for in the Harris resolution,, with authority to have a competent civil engineer survey the lots of land, giving estimated cost of grading the land upon which tracks are to be placed, so as to give the total cost of lots ready to be. used for tracks. Arriving in Chattanooga the Committee was splendidly entertained by its officials and prominent citizens, and was given every opportunity to observe the wonderful progresS' of that enterprising city. During the past few years many magnificent buildings have been erected in the neighborhood of the State's proper.ty, and from the tops of these skyscrapers can be seen this great city, spread out as TUESDAY, AUGUST 15,1911. 911. a chart, with its background a majestic navigable river and towering mountainS', but in the center of the beautiful city is the ungainly sight of eight acres of land belonging to our State, encumbered with low, temporary buildings, storage tracks for cars and railroad junk, and against this property Broad Street, the pride of Chattanooga, is brought abruptly to a close. So anxious are the people of Chattanooga to see these tracks removed, Broad Street opened through these yards, and fine permanent buildings take the place of the little .shops, that the Committee is satisfied that a trade to that effect could be made very advantageous to the StaTe of Georgia. We recommend that this matter be also referred to the standing Committee proposed. In the city of Atlanta, the old Union Depot, the property of the State, is left far behind upon the road of progress. A bill is now pending, known aS' the ''Plaza Bill,'' which might dispose of this question, but your Committee is not at present sufficiently informed to advise upon this matter. We recommend that the standing Committee proposed givQ this matter also their consideration. The Committee is of the opinion that in leasing the Western & Atlantic Railroad and its properties, trades very advantageous to the State can be made by separating the city property and all undeveloped lots of land, so that the best offers to the State can 912 J OU~NAL OF THE SENATE, be accepted for these properties independent of the railroad property. Respectfully submitted, J. W. Mayson, Chairman. L. C. Graham, V-Chmn. and Sec. J. C. Beauchamp, "W. J. .tlarris, A. 0. Blalock, W. C. Hullender, J. A. Cromartie, J. B. Kincaid, W. D. Crawford, C. P. Owens, T. G. Culbreath, Emmett Shaw, J. S. Davis, .T. S. Shingler, A. W. Grovenstein, S. T. Worley. M. Mann, Chairman of the Committee on Special ...Judiciary, suomitted the following report: Mr.. President: The Committee on Special Judiciary has had under consideration the following Ho'use Bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit: A bill to am~d an Act to establish the City Court of McRae: Respectfully submitted, W. G. MANN, Chairman. TuESDAY, AuGusT 15, 1911. 913 Mr. Aaron, Acting Chairman of the Committee on Engrossing, submitted the following report: Mr. P1esident: The Committee on Engrossing has examined anJ found properly engrossed and ready for transmission to the House, the following bill of the Senate, to-wit: A bill io authorize the City of Douglas to issue additional bonds. 0. B. AARoN, Acting Chairman. By unanimous consent the following House bills were read second time and recommitted to the same Committees which formerly had them: By Messrs. Tippins and Tarver- A bill to amend section 4424 of the Code. By Messrs. Worsham and Jackson- A bill to amend the Acts consolidating the several Acts incorporating the City of Forsyth. By Mr. Hires- A bill to repeal an Act to establish the City Court of Moultrie. 914 JouRNAL OF THE SENATE, The following message was received from the House thr011gh Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has passed by the requisite Constitu~ tional majority the following bills of the House, to-wit: A bill to amend Act to prevent the adulte.ration of food, drugs, etc. A bill. to appropriate certain funds to Agricultural Department for prevention of hog cholera. A bill to amend Acts establishing State Board of Entomology. The H9use has passed by the requisite Constitutional majority the following resolutions of the House, to-wit: A resolution to appropriate $40,000 to pay pensions. A resolution to provide funds for rebuilding Academic building for Tenth District Agricultural School. The following message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr. President: rrhe House has passed by the requisite Constitu- TuESDAY, AuausT 15, 1911. 915 tional majority the following bills of the House, to-wit: A bill to appropriate $5,000 to Georgia Normal and Industrial College. A bill to appropriate certain funds for use of State Normal School. A bill to make appropriations to State Tuberculosis Sanitarium. The following message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has passed by the requisite Constitutional majority the following bill of the House, towit: A bill to appropriate funds to Agricultural, Industrial and Normal School in South Georgia. The following House bills were read first time: By Mr. Hopkins- A bill to appropriate to the Agricultural Department certain funds for the prevention of hog cholera. Referred to Committee on Appropriations. 916 JOURNAL OF THE SENATE, By Messrs. Paulk, White and Garner- A bill to amend an Act to establish the State Board of Entomology. Referred to Committee on Appropriations. By Mr. Vinson- A bill to appropriate the sum of five thousand dollars to Board of Directors of the Georgia Normal and Industrial College. Referred to Committee on Appropriations. By Mr. DuBose- A bill to appropriate certain funds for use of State Normal School. Referred to Committee on Appropriations. By Mr. Hardeman- A bill to amend an Act to prevent the adulteration of food, drugs, etc. Referred to the Hygiene and Sanitation Committee. By Mr. Brown- A bill to make certain appropriations for the State Tuberculosis Sanitarium. TuEsDAY, AuausT 15, 1911. 917 Referred to the Committee on Appropriations. The following House resolutions were read first time: By Mr. Burwell- A resolution to provide funds to assist in rebuilding the academic building of the Tenth District Agricultural and Mechanical School. Referred to Committee on AppropriationS'. By Mr. Baker- A resolution to appropriate $40,000 to pay for the pension of those applications for pensions that filed their applications prior to November 15, 1910, and now unpaid. Referred to the Committee on Appropriations. On motion the .Senate adjourned until tomorrow morning at 9 o'clock. 918 .fouRNAL oF THE H~:NATE, SENATE CHAMBER, ATLANTA, GA., Wednesday, August 16, 1911. The Senate met pursuant to adjournment at 9:00 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: Aaron, 0. B. Adaans, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawfonl, W. D. Copelan, E. A. Cromartie, J. A. . Culbreth, T. G. Davis, J. S. Dickerson, W T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. Q Kight, W. N. Kincaid, J. B. King, W. W. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Oliver, r. W. Owens, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whit\:'head, Walter Willia.m.s, Isaiah Worley, S. T. Mr. President. Notice was given that at the proper time a motion would be made to reconsider the action of the Senate in passing House bill No. 27 on yesterday. By unanimous consent, the reading of the journal was dispensed with. Mr. Shingler moved to reconsider the action of WEDNESDAY, AUGUST 16, 1911. 919 the Senate in passing the following bill of the1Iouse on yesterday. By .Messrs. .McCarthy, Anderson, Lawrence and Slade-- A bill to create a Department of Labor in this State. On the motion to reconsider the previous question was called and the main question ordered, and the vote was as follows: rl'hose voting in the affirmative were Messrs.- Copelan, E. A. Culbreth, T. G. Dickerson, W. T. Felker, J. H. Hill, T. F. Mann, W. S. Prather, J. D. Shingler. J. S. William~, Isaiah Those voting in the \1-egative were Messrs.- Aaron, 0. B. Adams, G. W. Be.auchamp, J. C. Blalock, A. 0. Blalock, H. C. Brown, J.P. Bush, I. A. Crawford, W. D. Cromartie, J. A. Davis, .J. S. Duggan, C. I. Ennis, W. H. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hullender, W. C. Kight, W. N. King, W. W. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morr,s, W. ~ Oliver, T. W. Owens, C. T. Roberts, W. T. Shaw. Emmett Rhepparrit3"~ rfia.a;paSBed.t -.. :.. ;.. ...{! iH;::~_) ; . : ' .. : . By Messrs. Lawrence and McCarthy- . ;j !;,:j,:.:; .:.;,\ .... ,., !!.)!:i: . . .\ A bill to regulate the compensation of court officers in ,Gounti.e~~Yia~ t-'Wtein.J a City.; with :a...'poptJ.l&- tion of 65,000 nor more than 100,000. .. 1 .R~port of Jihe:: P1>mmittee. ,was. agreed to.:. ~ ! ~ . :; ~ .... ;I I Upon the passage of the biil the ayes were 25 ; nays, 0. TM hili" havil1gi :recei'Ved the 'requisite Constitu- tional majoricyl;iivia~'pas~ed? i .: .: ' By Mr. MliFaHahfl.!....:.:,.'.-: : .~:; . <' ,;: i: ~ ::: .:'fibiRto mn~nd':~bJilsM'bfltb:e 'COde, an~ for o~er purposes. WEDNESDAY, AUGUST 16, 1911. 945 Report of the Committee was agreed to. Upon the passage of the bill having received the requisite Constitutional majority, was passed. By Mr. Ragsdale----: A bill to authorize the town of Dallas to Issue bonds. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By .~essr~. An;der~(m and Lawrence----: A bill to amend section 4770 of the Code. R-eport of the Committee was agreed to. Upbn ;the passage of the bill the ayes were 27; nays, 0. The bill having received the r-equisite Constitutional majority, was passed. . : ;., By Mr. Frederick- A. bill. to am.end the charter of the town of Mar. shallville. .: ,.:: .. - .. ,: 946 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 Constitu~ tional majority, was passed. By Messrs. Nix and Wilson- A bill to create the office of Commissioner of Roads and Revenues for Gwinnett 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. Alexander- A bill to authorize the County of DeKalb to issue bonds. . Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27; nays, 0. The bill having r-eceived the requisite Constitu~ tional majority, was passed. WEDNESDAY, AuousT 16, 1911. 947 By Messrs. Darsey, Lord and Murphy- A bill to establish the Department of Game and Fish in this State. Report of the Committee was agreed to. Upon the passage of the bill the ayes and nays were ordered, and the vote is as follows : Those voting in the affirmative were Messrs.- Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, A. 0. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Douglass, J. B. Duggan, C. I. Ennis, W. H. Graham, L. C. Hamilton, W. W. Harris, W. J. Hill, T. F. Kight, W. N. King, W. W. Mann, W. S. Marshall. C. B. Mayson, J. W. Moore, 0. A~ Morris, W. S. Oliver, T. W. Owens, C. T. Roberts, W. T. Shingler, J. S. Spence, R. E. L. Whitehead, Walter Worley, S. T. Those voting in the negative were Messrs.- Blalock, H. C. Brown, J.P. Culbreth, T. G. Dickerson, W. T. Edwards, C. H. Grovenstein, A. N. Hullender, W. C. Prather, J. Il. Sheppard, J. E. Williams, Isaiah Those not voting were Messrs.- Davis, J. S. Felker, J. H. Kincaid, J. B. Shaw, Emmett Mr. President. Ayes, 29; nays, 10. The bill having received the requisite Constitutional majority, was passed. 948 JOURNAL OF THE SENATE, By Mr. McElreath- A bill to make appropriation for the expenses of the State Government, and for other purposes. T;he hour of adjournment having arrived, the Senate stood adjourned until 3 o'clock P. M. The Senate met pursuant to adjournment at 3 o'clock; was called to order by the President. Upon the call of the roll, the following members answered to their names : Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blaloe'k, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Dickerson, W. T. Duggan, C. I. Edwards, C. H. Felker, J. H. Grovenstein, A. N. Hamilton, W. W. Hill, T. F. Hullender, W. C. Kight, W. N. Mann, W. S. Marshall. C. B. Mayson, J. W. Moore, 0. A. Owen~ C. T. Prather, J.D. Roberts, W. T. Shaw, Emmett i':'}heppard, J. E. Spenee, R. E. L. Whit~head, Walter Williams, Isaiah Worley, S. T. Mr. Pre<;;ident. Those absent were Messrs.- Blalock, H. C. Davis, J. S Douglass, J. B. Ennis, W. H. Graham, L. C. Harris, W. J. Kincaid, J. B. King, W. W. 1\forris, W. S. Oliver, T. W. Shingler, J. S: The following unfinished business was taken up: By Mr. McElreath- A"biil to make appropriation for the expenses of the State Government, and for other purposes. WEDNESDAY, AuousT 16, 1911. 949 The following amendment was offered by Committee: Amend by striking "two million, six hundred thousand'' and inserting in lieu thereof ''two million, five hundred and fifty thousand," which relates to public school fund. On . this Amendment the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were Messrs.- Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Crawford, W. D. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Duggan, C. I. Edwards, C. H. Ennis, W. H. Graham, L. C. . Grovenstein, A. N. Hamilton, W. W. Hill, T. F. Hullender, W. C. Kight, W. N. Mann, W. S. Mayson, J. W. Moore, 0. A. Oliver, T. W. Owens, C. T. P!"a~her, J.D. Roberts, W. T. Shingler, J. S. Sheppard, J. E. Whitehead, Walter Williams, Isaiah Worley; S. T. Those voting in the negative were Messrs.- Bush, I. A. Copelan, E. A. Felker, J. H. Marshall, C. B. Morris, W. S. Shaw, Emmett Spence, R. E. L. Those not voting were Messrs.- Cromartie, J. A. Douglass, J. B. . Harris, W. J~ Kincaid, J. B. King, w. w. Mr. President Ayes, 31; n11ys, 7. The amendment was adopted. The following amendments were adopted: 950 JouRNAL OF THE SENATE, State Sanitarium-By striking twenty-five thousand and inserting twenty thousand. Amend section 4, relative to Soldiers' Homeamend by striking $30,000.00 and inserting in lieu thereof $27,500.00. ' Amend section 5, relative to University of Georgia, by striking $57,500.00 and inserting $52,500.00. School of Technology by striking $80,000.00 and inserting $75,000.00. Georgia Normal and Industrial College by striking $50,000.00 and inserting $47,500.00. State College of Agriculture by striking $110,000.00 and inserting $100,000.00. Relative to North Georgia Agricultural College: Provided, further, that no part of this appropriation shall be used to pay salaries to any member of the Board of Trustees of said College for his services as sueh Trustee or otherwise. And if this provision is violated, it shall work a forfeiture of said appropriation. As to appointment of pages, section 3, by striking out the word President and inserting in lieu thereof the word Messenger. The following amendment was offered: By Mr. Blalock, 26th District- To amend section 5 by adding after the word WEDNESDAY, AUGUST 16, 1911. 951 ''fund'' in line 82 the following: T-he Treasurer shall keep a separate and distinct account of all special taxes and other taxes collected for common school purposes which are fixed by Constitution of the State, and that the same shall not be used, diverted, or applied to the payment of any other appropriation made by the General Assembly. That the appropriation for common schools shall stand upon an equal footing of all other appropriations, made out of the general fund, and that when taxes are collected the pro rata part and share of said fund so collected shall be set aside by said Treasurer as a part of the common school fu.nd and used for no other purpose. Those voting in the affirmative were Messrs.- Aaron, 0. B. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Dickerson, W. T. Graham, L. C. Hamilton, W. W. Harris, W. J. Hullender,. W. C. Moore, 0. A. Owens, C. T. Roberts, W. T. Those voting in the negative were Messrs.- Adams, G. W. Bush, I. A. Crawfpelan, E. A. Duggan, C. L Edwards, C. H. Ennis, W. H. Felker, J. H. GroveoSteib, A. 'N. : shaw, Emnwl' s. Iljll, ~~: .Fident. Ayes, 29; nays, 4. THURSDAY, AuGusT 17, 1911. 965 The resolution was adopted. By Mr. LeSeur- A bill to amend section 696 of the Code of 1910, and for other purposes. Report of the Committee was agreed to. The following amendment was offered: Commi~e amends by striking the word four and insert three in the ninth line of &ection 1. Also, strike the word four in the fourteenth line of section one and inserting in lieu thereof the word three. On the adoption of this amendment the ayes and nays were ordered, and the vote is as follows: rrfuose voting in the affirmative were Messrs.- Blalock, H. C. Bush, I. A. Culbreth, T. G. Harris, W. J. Hullender, W. C. Mayson, J. W. Roberts, W. T. Shaw, Emmett Whitehead, Walter Williams, Isaiah Those voting in the negative were Messrs.- Aaron, 0. B. I)Quglass, J. B. Adams, G. W. . Duggan, C. I. Blal{)ck, A. 0. Edwards, C. H. Brown, J.P. Ennis, W. H. Crawford, W. D. Graham, L. C. Copelan, E. A. Grovenstein, A. N. Cromartie, J. A. Hamilton, W. W. Davis, J. S. Hill, T. F. Dickerson, W. T. Kight, W. N. King, W. W. Mann, W. S. Marshall, C. B. Morris, W. S. Owens, C. T. Prather, J. D. Shingler, J. S. Sheppard, J. E. Worley, S. T. 966 JouRNAL OF THE SENATE, Those not voting were Messrs.- Beauchamp, J. C. Felker, J. H. Kincaid, J. B. Moore, 0. A. . Oliver, 'f. W. Spence, R. E. L. Mr. President Ayes, 10; nays, 27. The amendment was lost. Upon the passage of the bill the ayes were 27 ; nays, 6. The bill having received the requisite Constitu. tional majority,.was passed. Mr. Shaw moved to reconsider the action of the Senate in passing the bill authorizing County Com. missioners to levy 4 mills tax for road purposes. On this motion the ayes and nays were ordered, and the vote is as follows : Those voting in the affirmative were Messrs.- Aaron, 0. B. Bush, I. A. Crawford, W. D. Felker, J. H. Graham, L. C. Mayson, J. W. Moore, 0. A. Shaw, Emmett Williallll!, Isaiah Those voting in the negative were Messrs.- Adams, G. W. Beauchamp, J. C. Blalock, H. C. Brown, J.P. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Cromartie, J. A. Douglass, J. B. Duggan, C. I. Ennis, W. H. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. !png, w. w. Mann, W. S. Marshall, C. B. l\f'Orris, W. S. Owens, C. T. Prather, J.D. Roberts, W. T. Shingler, J. S. Sheppard, J. E. Whitehead, Walter Worley, S. T. THURSDAY, AUGUST 17, 1911. ' 967 Those not voting were Messrs.- Blaloek:, A. 0. Dickerson, W. T. Edwards, C. H. Kincaid, J. B. Oliver, T. W. Spence, R. E. L. Mr. President. Ayes, 9 ; nays, 28. The motion was lost. By Mr. Hardeman- A bill to amend an Act to prevent the adulteration of food and drugs. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27; nays, 0.. The bill having received the requisite Constitutional majority, was passed. By Mr. FosterA bill to amend section 3250 of the Code. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25 ; nays, 0. The bill having received the requisite Constitutional majority, was passed, as amended, and the amendments are as follows: 968 JouRNAL OF THE SENATE, Amend by striking figures 3250 and inserting in lieu thereof the figures 3824, which prescribes the pay of processioners and county surveyors. Amend by fixing pay Qf surveyor $3.00 per day, and pay of processioners $1.50 per day. Mr. Felker moved that the Senate go into Executive session at 12 o'clock, and on the motion the ayes and nays were ordered and the vote is as follows: Those voting in the affirmative were Messrs.- Aaron, 0. B. Adams, G. W. Bush, I. A. Culbreth, T. G. Davis, J. S. Duggan, C. I. Felker, J. H. Hill,. T. F. Hullender, W. C. Kight, W. N. .Marshall, C. B. Mayson, J. W. Owens, C. T. Prather, J. D. Shaw, Emmett Rhingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter William:;, Isaiah Those voting in the negative were Messrs.- Adams, G. W. Blalock, H. C. Brown, J.P. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Dickerson, W. T. Douglass, J. B. Edwards, C. H. Ennis, W. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Kincaid, J. B. Mann, W. S. Morris, W. S. , Roberts, W. T. Worley, S. T. Mr. President. Those not voting were Messrs.- Blalock, A. 0. Moore, 0. A. Ayes, 20; nays, 20. The motion was lost., THURSDAY, AuGUST 17, 1911. 969 The following bills of the House were taken up to be put upon their passage: By Mr. Vinson- A bill to appropriate the sum of $5,000 to the Board of Directors of the Georgia Normal and Industrial College. 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.- Adams, G. W. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Oopelan, E. A. Crcmartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Duggan, C. I. Edwards, C. H. Ennis, W. H .. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kincaid, J. B. Mann, W. S. 1\Iarshall, C. B. Mayson, J. W. Moore, 0. A. Owens, C. T. Prather, J.D. Roberts, W. T. Shingler, J. S. Whitehead, Walter \\"illiams, Isaiah Werley, S. T. Those not voting were Messrs.- Aaron, 0. B. Beauchamp, J. C. Douglass, J. B. Kight, W. N. l\:in~, W. W. M<>rris, W. S. Oliver, T. W. Shaw, Emmett Sheppard, J. E. Spence, R. E. L. :\: r. President Ayes, 33 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. 970 JOURNAL OF THE SENATE, By Mr. Baker- A resolution to appropriate $40,000 to pay the pension of those applicants for pensions that filed their application prior to November 15, 1910 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.- Adams, G. W. Beauchamp, J. C. Blalock; H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie,J.A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Owens, C. T. Prather, J. D. Roberts, W. T. Shingler: J. S. Rpence, R. E. L. Whitehead, Walter William::>, Isaiah Worley, S. T. Thos(? not voting were Messrs~- Aaron, 0. B. King, W. W. Oliver, T. W. Shaw, Emmett Sherparll, J. E. Ayes, 38; nays, 0. T,he resolution was passed. By Mr. DuBose- A bill to appropriate certain funds for the use of State Normal School. THURSDAY, AuGusT 17, 1911. 971 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 affirmat.ive were Messrs.- Aaron, 0. B. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Dsvis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J B. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, O.A. M()rris, W. S. Owens, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Those not voting were Messrs.- Adams, G. W. Crawford, W. D. King, W. W. Oliver, T. W. Sheppard, J. E. Mr. President Ayes, 38 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Hall- A resolution to appropriate the sum of $240.0(' to pay expenses of the commission to receive bids for the Executive Mansion. Report of the Committee was agreed to. 972 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.- Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. ,Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. King, w. w. 1\farshail, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Oliver, T. W. Owens, C. T. 1:- raiher, J. D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Those not voting were Messrs.- King, W. W. Oliver, T. W. Mr. Pre::ident. Ayes, 41 ; nays, 0. / The resolution having received the requiste Constitutional majority, was passed. 'By Messrs. Burwell and Massengale- A resolution to provide funds for rebuilding the Agricultural College of the Tenth Agricultural District. 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 : THuRsDAY, AuousT 17, 1911. 973 Those voting in the affirmative were Messrs.- Ad8IIIIS, G. W. Blalock, H. C. Brown, J.P. Bush, I. A. Crawford, W. D. Cromartie, J. A. Culbreth, T. G. Davis, J. S. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris; W. J. Hill, T. F. Hnllendf'r, W. C. Kight, W. N. Kineaid, J. B. l\farshall, C. B. Mayson, .J. W. Moore, 0. A. .\f"rris. W S. Owens, C. T. Prather, J. D. R.oberts. W. T. Phepp:ml. J. E. Spence, R. E. L. Whit~head, Walter Williams, Isaiah Worley, S. T. Those not voting were Messrs.- . ' ! t l ~i . Aaron, 0. B. Beauchamp, J. C. Blalock, A. 0. Copelan, E. A. Dickerson, W. T. King, w. w. Mann, W. S. Oliver, T. W. tihaw, Emmett ~hinzler, .J. S, i Mr. Pre,ident. Ayes, 33; nays, u. The resolution having received the requisite Constitutional majorty, was passed, as amended, and the amendments are as follows: By adding the word dollars after the words seven thousand. By Mr. McElreath- A resolution to supply deficiency in the printing fund for the year 1911. 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: 974 JouRNAL OF THE SENATE, Those voting in the affinnative were Messrs.- Aaron, 0. B. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Dickerson, W. T. DouglallS, J. B. Duggan, C. L Edwar.ls, C. H. Ennis, W. H. Felker, J. H. lirovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. Mann, W. S. Marshall, C. B. May10n, J. W. Moore, 0. A. MQrris, W. S. l' wens, C. T. Prather, J.D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Those not voting were Messrs.- Adams, G. W. Beauchamp, J. C. Blalock, H. C. BlalQck, A. 0. Davis, J. S. Graham, L. C. King, w. w. Oliver, T. W. Mr. President Ayes, 35; nays, 0. The resolution having received the requisite Constitutional majority, was passed. By Mr. Hall- A resolution to pay balance of per diem and mileage of late H. C. Smith to his widow, Mrs. P. A. Smith. 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 : ./ THURSDAY, AuGUST 17, 1911. 975 Those voting in the affirmative were Messrs.- A.$ron, 0. B. Adams, G. W. Brown, J.P. Bush, I. A. Crawford, W. D. ~pelan, E. A. Culbreth, T. G. Davis, J. S. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. E.nnis, W. H. Felker, J. H. Graham, L. C. Grovenstein, A. N. Hamilton, W. W. Harris, W. J. Hill, T. F. Hullender. W. C. Kight, W. N. Kincaid, J. B. Mann, W. S. Marshall, C. B. Mayson, J. W. Moore, 0. A. Morris, W. S. Owens, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Sheppard, J. E. Spence, R. E. L. Whitehc:~d, Walter Williams, Isaiah W orle::L S. T. Those not voting were Messrs.- Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Cromartie, J. A. King, W. W. Oliver, T. W. Mr. President Ayes, 37 ; nays, 0. The resolution having received the requisite Constitutional majority, was passed. By Mr. Nesbitt- A resolution to authorize the sale and transfer of one hundred acr~s of land situated in Sumter Co.unty, of Third District College. Report of the Committee was agreed to. Upon the passage of the resolution the ayes were 33; nays, 0. The resolution having received the requisite Constitutional majority, was passed. .' 976 JouRNAL OF .THE SENATE, By Mr. Hopkins- A bi!l to appropriate to the Agricultur!ll Department certain funds for the p:revention of hog holera. 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.- Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Dickerson, W. T. Douglass, J. ~- Duggm!, C. I. Edwards. C. H. Ennis, W. H. Felker, J. H. Graham, L. C. Grt~Yenstein, A. N. Iiamilton, W. W. Hill. T. F. Fdlender, W. C. - ;ncaid, J. B. Mann. W. S. Marshall, C. B. Mayson, J. W. 1\Iocre, 0. A. :\Ir.rris, W. S !'rather, ,J. D. Roberts, W. T. Shingler, J. S. <;;penee. R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Those not voting were Messrs.- Blalock, H. C. Blalock, A. 0. Davis, J. S. Harris, W. J. l'igbt. W. N. King, W. W. ni\e1, T. w. "wem, ('_ T. Shaw, Emmett ~heroanl. J. E. Mr. President Ayes, 33; nays, 0. "rhe bill having received the requisite _Constitutional majority, was passed, by substitute. By Messrs. Converse and Ashley- A bill to make appropriaton for the Agricultural Industrial Normal College of South Georgia. THURSDAY, AuGUST 17, 1911. 977 Report of the Committee was agreed to. Upon the paRsage of the bill the ayes and nays were ordered, and the vote is as follows: Those voting in the affirmative were Messrs.- Aaron, 0. B. Beauchamp, J. C. Blalock, H. C. Blalock, A. 0. Brown, J.P. Bush, I. A. Crawford, W. D. Copelan, E. A. Culbreth, T. G. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. ~nnis, W. H. Felker, J. H. Utaham, L. C. Grovenstein, A. N. Hamilton, W. W. Hill, T. F. Hullender, W. C. Kight, W. N. Kincaid, J. B. Mann, W. S. l\farshall, C. B. Mayson, J. W. l.Ioore, 0. A. ?rnther, J. D. Roberts, W. T. Shingler. J. H. Sheppard, J. E. \Vhil-ehe!.\d, Walter William.;, Isaiah Worley, S. T. Those not voting were Messrs.- Adams, G. W. Cromartie, J. A. Davis, J. S. Harris, W. J. l~iu.~. \\". \Y. ~:rJTis. W. S. Oliver, T. W. Owens, C. T. Shaw, Emmett Spence, R. E. L. ~{r. Pre~ident. Ayes, 33; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. McElreath- A bill to appropriate to the public building fund $4,500, and to the contingent fund $3,280.22. 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: 978 J OUBNAL OF THE SENATE, Those voting in the affirmative were Messrs.~ Aaron, 0. B. Adams, G. W. Beauchamp, J. C. Blalock, H. C. Brown, J.P. Bush, I. A. Oopelan, E. A. Dickerson, W. T. Douglass, J. B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Grovenstein, A. N. Hamilton, W. W. Hill, T. F. Hullender, W. C. Kight. W. N. Kinceid, J. B. Moore, 0. A. Morris, W. S. Owens, C. T. Prather, J. D. Sheppard. J. E. Spence, R. E. L. Whitehead, Walter Williams, Isaiah Worley, S. T. Those not voting were Messrs.- Blalock, A. 0. Crawford, W. D. Cromartie, J. A. Culbrellh, T. G. Davis, J. S. Graham, L. C. Harris, W. J. King, W. W. Mann, W. S. Marshall, C. B. Mayson, J. W. Oliver, T. W. RobE'rtS, w. T. Shaw, Emmett Shingler. J. S. .1\lr Pre3ident. Ayes, 28; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. Massengale- A bill to make appropriation of $5,000 for the construction of an annex to the hospital building of the Confederate Soldiers' Home. 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: THURSDAY, AUGUST 17, 1911. 979 Those voting in the affirmative were Messrs.- Aaron, 0. B. Adams, G. W. Blalock, H. C. Brown, J.P. Bush, I. A. Copelan, E. A. Dickerson, W. T. Douglass, J. 'B. Duggan, C. I. Edwards, C. H. Ennis, W. H. Felker, J. H. Grovenstein, A. N. Hamilton, W. W. Hill, T. F. Hullender, W. C. Kight, W. N. Kineaid, J. B. Morris, W. S. Owens, C. T. Prather, J.D. Roberts, W. T. Shepvard, J. E. Whitehead, Walter . William:;, Isaiah Worley, S. T. Those not voting were Messrs.- Beauchamp, J. C. Blalock, A. 0. Crawford, W. D. Cromartie, J. A. "Culbreth, T. G. Davis, J. S. Harris, W. J .. King, W W. :Mann, W. S. Marshall. C. B. Mayson, J. W. Moore, O.A. Oliver, T. W. Shaw, Emmett Shingler, J. S. Spence, R. E. L. Mr. President. Ayes, 26 ; nays, 0. The bill having received the requisite Constitutional majority, was passed. By Mr. McElreath- A bill to appropriate the sum of $270.13 to pay certain persons for appearing before the Committee to investigate the convict system. R-eport of the Committee was agreed to. Upon the passage of the bill the ayes and nays were ordered and the vote is as follows : 980 JoURNAL OF THE SENATE, Those voting in the affirmative were Messrs.- Aaron, 0. B. Adams, G. W. ~laloek, H. C. Brown, J.P. Bush, I. A. Crawford, W. D. Oopelan, E. A. l>Cl'l', 0. A. ~!orr;s, \Y. S. Robe!'ts, W. T. Worley. S. T. }[ .-. Pre,.iden t. Those voting in the negative were Messrs.- Beauchamp, J. C. Blalock, A. 0. Bush, I. A. Davis, J. S. Douglass, J. B. Felker, ,J. H. Hill, T. F. Hullender, W. C. Kight, W. N. Kin~. W. W. .Marshall. C. B. Mayson, J. \V. Owens. C. T. Prather, J. D. Shaw, Emmet' 8'hingler, J. ~: i-.lhef'I)arol, ,J. E. Spenee, R. E. L. Willium,, Is::tial1 Those not voting were Messrs.- Aaron, 0. B. Duggan, C. I. Kincaid, J. B. GliYcr, T. W. \Vhit<>lw~d. \\"alter Ayes, 20; nays, 19. The motion prevailed. The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof: Mr. Presid'ent: The House has adopted the report of the Conference Committee on House ill No. 339, known as the General Appropriation bill. The Speaker on recommendation of said Confer- THURSDAY, AuousT17, 1911. 1009 ence Committee has appointed the following members of the HouS'e as a new Committee on the part of the House on said House bill No. 339. Messrs. Hall of Bibb, Lovejoy, Anderson of Chatham. The following resolutions of the House were read: By Mr. MacFarland- A resolution providing for the unfinished business of the present session of the General Assembly. This resolution was adopted. By Mr. MacFarland- A resolution instructing the Clerk of the House and Secretary of the Senate to prepare and furnish the members with a calendar of the unfinished business. This resolution was adopted. The following Message was received from the House through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has failed to pass the following bill of the Senate, to-wit: 1010 JouRNAL OF THE SENATE, A bill to require railroad companies to pull mileage in towns of two thousand inhabitants. Mr. Beauchamp, Chairman of the Conference Committee on the part of the Senate on Appropriation bill, submits the following report: Mr. President: Your Conference Committee No. 3 have agreed with the House Committee as follows: As to Senate amendment No. 1, your conferees agree that Senate amendment No. 1 be amended as follows: By adding after the word "messenger" the following, viz., ''for the year 1912 and by the President of the Senate thereafter." As to Senate amendment No. 8, your conferees agree as follows, viz.: That tlie Senate recede from its original amendment No.8, and offers the following substitute therefor: Amend Section 5 of said bill relative to the common schools of Georgia, by striking the words ''two million, six hundred thousand dollars,'' and inserting in lieu thereof the following, viz., ''two million five hundred thousand dollars for each of the years 1912 and 1913 ; and the further sum of one hundred thousand dollars, which last shall be available either in the year 1913 or at the rate of fifty thousand dollars for each of the years 1912 and 1913 according THURSDAY, AuGUST 17, 1911. lOll as the funds may be collected and in the treasury which can be made available for this purpose.'' Respectfully submitted, J. C. BEAUCHAMP, s. J. SHINGLER, w. N. KIGHT. 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.- Adams, G. W. Beauchamp, J. C. Blalock, H. C. Brown, J.P. Crawford, W. D. Copelan, E. A. Cromartie, J. A. Culbreth, T. G. Ennis, W. H. Felker, J. H. Urnnnstein, A. N. Hamilton, W. W. Harris, W.T. Hullender, W. C. Kight, W. N. Kin~, W. W. l\Iarshall, C. B. .Mayson, J. W. 1\iorris, W. S. Owens, C. T. Prather, J. D. Roberts, W. T. Shaw, Emmett Shingler, J. S. Spen(e, R. E. L. '.Vorle~, S. T. Those voting in the negative were Messrs.- Douglass, J. B. Mann, W. S. l\fncre, 0. A. Shepparrl, ,J. E. Those not voting were Messrs.- Aaron, 0. B. Blalock, A. 0. Bush, I. A. Davis, J. S. Dickerson, W. T. Graham, L. C. Hill, T. F. KiPc:tirl. J. B. Olher, T. W. Whitehead, Walter Williams, Isaiah The ayes were 26; nays, 4. The report was adopted. 1012 JouRNAL OF THE SENATE, The following House resolution was read and adopted: By Mr. Alexander- A resolution to appoint a Joint Committee on the subject of uniform legislation in municipal charters. Committee on part of Senate are Senators Dickerson and Mann. The following Committee was appointed to investigate Soldiers Home. Senators Spence, Worley, Graham, Mann and Prather. Mr. Sheppard moved that the appointments of the Governor be returned to the Governor. The motion prevailed and the appointments were returned. The following resolution was read and adopted: Resolved, That the thanks of this Senate be extended to our honored President, John M. Slaton, for the fair, impartial, and able manner in which he has presided over the deliberations of our body. MooRE, WoRLEY. The following Senate biU was read first time: THURSDAY, AuausT 17, 1911. 1013 By Mr. Shaw- A bill to regulate the use of mileage books and mileage tickets on the Railroads of this State. Referred to the General Judiciary Committee. The following resolution was read and adopted. By Mr. Harris- Resolved, that the thanks of the Senate are hereby extended to the Secretary and his assistants, the Doorkeeper and Messenger and their assistants, and the Pages for their faithful services during the session. Mr. Marshall, Chairman of the Committee on Enrollment, submitted the following report: Mr. President: The Committee on Enrollment report as duly enrolled and ready for the signature of the President of the Senate and Speaker of the House of RepresentativeS', the following Acts, to-wit: An Act to amend the Act dividing the Brunswick and creating the Waycross Judicial Circuit. An Act to make valid and binding any contract, promissory note, etc., made or executed by a minor for educational purposes of any educational trust fund from the University of Georgia. 1014 JOURNAL OF THE SENATE, An Act to amend the charter of the City of Cairo. An Act to amend an Act to incorporate the town of Hull. An Act to amend an Act to revise the several Acts granting corporate authority to the City of Americus. An Act to amend an Act incorporating the town of Hazlehurst. An Act to amend an Act to establish a system of public S'chools in the town of Hazlehurst. An Act to repeal an Act to incorporate the town of DuPont. An Act to create a new charter for the town of DuPont. An Act to increase the salary of the stenographer to the Pank Examiner. An Act to amend section 1482 of the second volume of the Code of 1910 which provides salary for the Clerk and Stenographer of the Pension office. Respectfully submitted, C. B. MARSHALL, Chairman. Mr. Marshall, Chairman of the Committee on Enrollment, submitted the following report: THURSDAY, 1\UGUST 17, 1911. 1015 M'r. President : The Committee on Enrollment report as duly signed by the President of the Senate and Speaker of the House of Representatives and delivered to the Gover.nor the following Acts, to-wit: An Act to amend the Act dividing the Brunswi<'k and creating the Waycross Judicial Circuit. An Act to make valid and binding any contract, promissory note, etc., made or executed by a minor . for educational purposes of any educational trust fund from the University of Georgia. An Act to amend the charter of the City of Cairo. An Act to amend an Act to incorporate the town of Hull. An Act to amend an Act to revise the several Acts granting corporate authority to the City of Americus. An Act to amend an Act incorporating the town of Hazlehurst. An Act to amend an Act to establish a system of public schools in the town of Hazlehurst. An Act to repeal an Act to incorporate the town of DuPont. 1016 JOURNAL OF THE SENATE, An Act to increase the salary of the Stenographer to the Bank Exwminer. An Act An Act to amend Section 1482 of the second volume of the Code of 1910, which provides salary for the Clerk and Stenographer of the Pension office. Respectfully submitted, C. B. MARSHALL, Chairman. Mr. Marshall, Chairman of the Committee on Enrollment, submitted the following report: Mr. President: The Committee on Enrollment report as duly enrolled and ready for the signature of the President of the Senate and Speaker of the House of Representatives, the following Acts and Resolutions, to-wit: An Act to incorporate the town of Denton, in the County of Jeff Davis. An Act to repeal an Act to establish the City Court of Hazlehurst. An Act to establish a new charter for the town of Ohoopee. An Act to amend an Act entitled an Act to consolidate and amend the several Acts incorporating the City of Brunswick. THURSDAY, AuGUST 17, 1911. 1017 An Act to amend an Act incorporating the City of Swainsboro. A Resolution to appoint a Joint Committee to proc11re an oil painting of the late Alexander Stephens Clay. A Resolution in reference to Treaty with Russia. An ~ct to incorporate the town of Scotland. An Act to make it prima facie evidence of guilt for any person or corporation to be in possession of aU. S. license to sell spirituous or malt liquors. An Act to authorize the City of Douglas to issue additional bonds. A Resolution providing that the Standing Committee of Senate and House on Academy of Blind be authorized to visit the Academy during the recess. A Resolution to urge the American Poultry Association to hold its next meeting in the City of Atlanta. An Act to provide for the registr!ition of all persons, corporations or associations who employ counsel or agents to promote or oppose legislation. An Act to prohibit the floating of sawdust into any of the streams of this State. 1018 JoURNAL OF THE SENATE, An Act to prohibit the printing or publication of the name or identity of any female alleged to have been raped. An Act to amend Section 3137 of the Code of Georgia of 1910 so as to reduct the hours of labor in cotton and woolen millS'. An Act to define the tuition of non-residents in the Georgia School of Technology, and for other purposes. An Act to regulate and prescribe certain matters of review and procedure and practice in the Courts of this State. An Act to incorporate Homer School District in Banks County. A Resolution providing for a Board of Commissioners for the Exposition to be held in San Francisco in 1915. An Act to amend section 1249 of the Code of 1910 so as to add the City of Rockmart to the list of State Depositories. An Act to pel'lmit railroads to accept advertising from newspapers of this State for transportation' and for other purposes. An Act proposing an amendment to the third Section of the 7th Article of the Constitution by THURSDAY, AUGUST 17, 1911. 1019 striking therefrom the words ''Casual Deficiencies of Revenue,'' etc. An Act to create the office of State Auditor for the State of Georgia. A Resolution authorizing the appointment of a Joint CommiS'sion to investigate and report upon the matter of a new lease of the W. & A. Railroad. An Act to promote the public health and welfare by draining the swamp lands in this State. An Act to amend Section 379 of Volume 2 of Code of 1910 so as to make wife competent witness in certain cases. An Act proposing to amend the Constitution of Georgia by adding a second section of the seventh Article of said Constitution a new paragraph requiring certain tax returns to be made to the Comptroller-General on or before March 1st of each year. An Act to further regulate casualty insurance companies. An Act to amend Section 964 of the Penal Code of 1910 prescribing the mode of changing the venue in criminal cases. Respectfully submitted, C. B. MARSHALL, Chairman. 1020 JouRNAL OF THE SENATE, Mr. Marshall, Chairman of the Committee on Enrollment, submitted the following report: Mr. President: The Committee on Enrollment report as duly signed by the President of the Senate, and Speaker of the House of Repres'entatives, and delivered to the Governor, the following Acts and Resolutions, to-wit: An Act to incorporate the town of Denton, in the County of J e:ff Davis. An Act to repeal an Act to establish the City Court of Hazlehurst. An Act to establish a new charter for the town of Ohoopee. An Act to amend an Act entitled an Act to consolidate and amend the several Acts incorporating the City of Brunswick. An Act to amend an Act incorporating the City of Swainsboro. A Resolution to appoint a Joint Committee to procure an oil painting of the late Alexander Stephens Clay. A Resolution in reference to Treaty with Russia. THURSDAY, AuGUST 17, 1911. 1021 An Act to incorporate the town of Scotland. An Act to make it prima facie evidence of guilt for any person or corporation to be in possession of a United States license to sell spirituous or malt liquors. An Act to authorize the' City of Douglas to issue additional bonds. A Resolution providing that the Standing Committee of Senate and House on Academy of Blind be authorized to visit the Academy during the recess. A Resolution to urge the American Poultry Association to hold its next meeting in the City of Atlanta. An Act to provide for the registration of all persons, corporations or associations who employ counsel or agents to promote or oppose legislation. -An Act to prohibit the floating of sawdust into any of the streams of this State. An Act. to prohibit the printing or publication of the name or identity of any female alleged to have been raped. An Act to amend Section 3137 of the C<>de of Georgia of 1910, so as to reduce the hours of labor in cotton and woolen mills. 1022 JouRNAL OF THE SENATE, An Act to define the tuition of non-residents in the Georgia School of Technology, and for other purposes. An Act to regulate and prescribe certain matters of review, procedure and practice in the Courts of this State. An Act to incorporate Homer School District in Banks County. A Resolution providing for a Board of Commis- sionerS' for the Exposition to be held in San Fran- cisco in 1915. An Act to amend Section 1249 of the Code of 1910, so as to add the City of Roclwlart to the list of State Depositories. An Act to permit railroads to accept advertising from newspapers of this State for transportation, and for other purposes. An Act proposing an amendment to the third Section of the seventh Article of the Constitution by striking therefrom the words ''casual deficiencies of revenue,'' etc. An Act to create the office of State Auditor for the State of Georgia. A Resolution authorizing the appointment of a THURSDAY, AuousT 17, 1911. 1023 Joint Commission to investigate and report upon the matter of a new lease of theW. & A. Railroad. An Act to promote the public health and welfare by draining the swamp lands in this State. An Act to amend Section 379 of Volume 2 of the Code of 1910, so as to make wife competent witness incertain cases. An Act proposing to amend the Constitution of Georgia by adding to the second Section of the seventh Article of said Constitution a new paragraph requiring certain tax returns to be made to the Comptroller-General on or before March 1st of each year. An Act to further regulate Casualty Insurance Companies. An Act to amend Section 964 of the Penal Code of 1910 prescribing the mode of changing the venue in criminal cases. Respectfully submitted, C. B. MARSHALL, Chairman. The following resolution was read and adopted: By Mr. Roberts- Res'olved by the Senate, the House concurring, ' that the General Assembly do now adjourn sine die. 1024 JouRNAL OF THE SENATE, The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has adopted the report of the Conference Committee No. 3 on the following bill of the House, to-wit: A bill to make appropriations for ordinary expenses of the State Government, and for other purposes. The House has adopted the following resolution of the Senate, to-wit: A resolution that the General Assembly do now adjourn sine die. On motion the Senate adjourned sine die. INDEX TO THE SENATE JOURNAL FOR THE YEAR 1911. INDEX SENATE BILLS ADJOURNMENT- Resolution by Senate, House concurring, that the General Assembly do now adjourn sine die .. 1023 1024 AGRICULTURE- Bill to require Commissioner of Agriculture tQ have gasoline examined ................... . 401, .\.UTOMOBILES- Bill to levy and collect special tax on automobiles 217 Bill to regulate the running of automobiles...... 362 BANKS- Bill to increase salary of stenographer of State Bank Examiner- ......................... 298 404 470 Bill to amend Act relative to Bank Bureau in Treasury Department ................... .485 532 621 Bill to declare it a misdemeanor to draw check where no funds ......................... 573 667 750 CODE AMENDMENTS- A bill to amend section 588, Civil Code ...... 149 231 296 A bill to amend section 4252, Civil Code ...... 150 404 446 1028 INDEX. A bill to amend section 964, Penal Code ......162 487 506 A bill to amend section 3742, Civil Code . . . . . . . . . 163 A bill to amend section 3653, Civil Code. . . . . . . . 164 A bill to amend section 999, Civil Code . . . . . . . . . . 164 A bill to amend section 3137, Civil Code ......169 631 664 A bill to amend section 414, Penal Code ...... 170 530 730 A bill to amend section 414, Penal Code ...... 170 578 631 A bill to amend section 157, Civil Code. . . . . . . . . . 215 A bill to amend section 1482, Civil Code ...... 218 321 353 A bill to amend section 1452, Civil Code . . . . . . . . 221 A bill to amend section 1249, Civil Code ...... 228 306 318 A bill to amend section 379, Penal Code . . . . . . . . 229 452 A bill to amend section 1471, Penal Code ........ 229 452 A bill to amend section 1471, Penal Code . . . . . . . . 304 A bill to amend" section 965, Civil Code ...... 305 322 434 A bill to amend section 5RR5, Civil Code . . . . . . . . 306 A bill to amend section 2283, Civil Code. . . . . . 417 533 55fl A bill to amend section 2300, Civil Code ...... 41R 531 55fl A bill to amend section 3092, Civil Code . . . . . . . . 41R A bill to amend section 588, Civil Code.......... 231 A bill to amend section 1434, Penal Code ....... . 349 532 558 560 561 A bill to amend section 266, Civil Code ........ 395 624 653 A bill to amend section 337, Civil Code ......396 624 653 A bill to amend section 919, Penal Code. . . . . . . . . 401 A bill to amend section 3270, Civil Code ....... 401 624 654 A bill to amend section 4732, Civil Code ........ 401 656 A bill to amend section 3059, Civil Code ..... .401 532 558 A bill to amend section 2050, Civil Code . . . . . . . . 402 A bill to amend section 2697, Civil Code ........ 434 633 A bill to amend section 269R, Civil Code ........ 434 633 A bill to amend section 609, Penal Code ..... .460 532 577 A bill to amend section 1435, Penal Code ...... 449 532 560 A bill to amend section 2177, Civil Code . . . . . . . . 462 A hill to amend sectior. 22fl9, Civil Code ...... 506 530 580 A hill to amend section 416, Penal Code . . . . . . . . . . 668 A hill to amend section 33, Civil Code. . . . . . . . . . . . 6R7 755 INDEX. A bill to amend section 1249, Civil Code 1029 728 779 COMMITTEES-RPBCIAL Committee to ,.;,lect a chaplain for the Senate and report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 151 Joint Committee from House and Senate to notify Governor that General Assembly had organized 17 Joint CommitteE' from House and Senate to ar- range for inauguration of Governor-elect....... 18 158 Joint committee to procure an oil painting of late Hon. A. S. Clay and same be placed in the State Capitol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 223 Joint committee to consult candidates for U. S. Senate, etc. . ............................... 214 223 Joint committee to notify Governor Smith of his election to U. S. Senate. . . . . . . . . . . . . . . . . . . . . . 325 Committee to procure drawings, etc., relative to monument to soldiers, etc. . . . . . . . . . . . . . . . . . . . 451 577 Committee to investigate the Department of Agri- cult-.re .......... . iil1 Joint committee to remain at Capital ten days for purpose of selecting site for Governor's Mansion 575 622 658 Committee to investigate the condition of Soldiers Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 885 Standing committees appointed by the Senate .... 701 726 Co]Umittee on the Western & Atlantic Railroad.. 991 Conference committee on part of Senate on ap- propriation bill .................. 1001 1006 1007 1010 Confere11ce Committee on Senate Amendments to House bill No. 339 report .................. 1003 1007 Committee to investigate condition of Soldiers Home 1012 COMMITTEES-STANDING-REPORTS- Immigration and Labor . . . . . . . . . . . . . . . . . . . . . . . 628 666 1030 INDEX. Internal Improvements . . . . . . . . . . . . . . . . . . . . . . . . 537 549 Judiciary-General ............. 226 317 343 389 473 477 514 547 594 679 709 713 717 739 811,823 871 757 Judiciary-Special ......... 332 378 466 497 569 627 666 716 742 768 812 840 912 930 Military Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521 685 Penitentiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399 983 Pensions . . . . . . . . . . . . . . . .............. 314 439 472 684 Privileges and Elections . . . . . . . . . . . . . . . . . . . . . . . 876 Public Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 590 715 Public Roads . . . . . . . . . . . . . . . . . . . . . . . . 477 712 775 811 Railroads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 496 567 Rules . . . . . . . ..................... 388 513 566 775 959 State Sanitarium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 752 842 Temperance . . . . . . . . . . ................ 327 466 661 738 University of Georgia .......................... 363 476 Western & Atlantic Railroad .................... 228 907 Agriculture . . . . . . . 344 398 476 552 629 659 768 875 927 Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . 592 878 924 Banks . . . . . . . . . . . . . . . . 299 516 598 660 684 717 768 922 .. Constitutional Amendments ................. 358 550 754 Congressional and Legislative Reapportionment 465 756 922 Corporations .............. 316 327 382 474 518 571 592 620 741 810 812 873 928 County and County Matters ..... 314 315 380 898 453 518 548 553 685 711 737 840 877 Engrossing . . . . . . . . . . . 219 295 296 304 326 333 356 403 440 463 471 495 515 546 568 595 627 658 681 710 744 767 809 839 854 874 913 Enrollment .... 313 334 682 923 924 1013 1014 1016 1020 Education . . . . . . . . . . . . . . . . 383 391 468 497 549 591 711 769 822 924 928 Finance 227 ~30 465 596 598 770 808 929 Hygiene and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . 554 COMMON CARRIERS- Bill to require railroad companies to furnish sepa- INDEX. 1031 rate ticket windows for purpose of exchanging mileage for tickets ............... 155 323 505 513 581 Bill to require railroad companies to put cinder deflectors in windows of passenger coaches 216 404 444 Bill to regulate charges on street and interurban electric railways . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 Bill .to authorize railroad companies to grant free passes to sheriffs and deputy sheriffs in this State . . . . . . . . . . . . . . . ................... 361 657 734 Bill to permit railroad companies of this state to grant free passes to ex-Confederate veterans 450 530 562 Bill to authorize electric, street, suburban and interurbl\n railway companies to acquire or lease and operate the property and franchises of such railroads . . . . . . . . . . . ................... .459 700 748 Bill to provide for the appointment of the attorney to Railroad Commission . . . . . . . . . . . . . . . . . . . . . 451 531 Bill to permit railroads to accept advertisement from weekly newspapers for transportation .. 573 665 817 CONSTITUTIONAL AMENDMENTS- A bill to amend article 8, section 1, of Constitution of this State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 635 A bill to amend article 11, section 1, part 2, creating new County from Decatur and Early . . . . . . . 150 449 A bill to amend article 11, section 11, relative to increasing number of Representatices ......... . A bill to amend article 1, section 1, part 8, as embodied in Code section 5705. . . . . . . . . . . . . . . . . . . 162 A bill to amend article 11, section 1, part 2, creating new County of Goodman . . . . . . . . . . . . . . . . . . . . 221 A bill to amend article 3, section 3, so as to increase number of representatives . . . . . . . . . . . . . . . . . . . 222 449 A bill to amend article 6, section 13, relative to change in salary of judges, etc .............. 229 631 732 A bill to amend Constitution so as to make Judges 1032 INDEX. appointive by Governor ..................230 405 447 A bill to amend article 3, section 4, part 3 so as to provide for biennial sessions . . . . . . . . . . . . . . . . 230 A bill to amend State Constitution so to change time of meeting General Assembly . . . . . . . . . . . . . . . . 230 A bill to amend article 7, section 1, part 1, so as to strike therefrom first provision ............ 298 404 453 A bill to amend article 6, section 7, part 2 so as to give justice courts certain jurisdiction ....... 350 405 489 A bill to amend article 5, section 1, which relates to the executive department . . . . . . . . . . . . . . . . . . 392 624 A bill to amend article 3, section 5, par.t 2, relative to the office of President Benate ............ 396 624 650 A bill to amend article 5, section 1, relative to death, resignation, etc. of Governor ...............396 624 644 A bill to amend article 2, section 1, and sec's 5395 and 6403 inclusive of Constitution . . . . . . . . . . . . 572 A bill to amend article 7, section 3, of the Consti- tution of the State ...................... 688 754 782 A bill to amend State Constitution by adding para- graph requiring tax returns to comptroller..688 755 785 A bill to amend article 7, section 3, of the Constitution of the State .........................688 754 782 A bill to amend section 1 of Act approved July 10, 1910 to put in force Constitutional .Amendment of part 1, section 1, article 7 of Constitution so as to strike certain words therefrom in the 7th and 8th lines ........................ 298 453 456 462 A bill to propose to qualified electors amendment to article 11, section 1, part 2. . . . . . . . . . . . . . . . . . . . 961 COUNTY COMMISSIONERS- Bill to authorize county authorities to lay out and change public roads ........................ 216 324 Bill to repeal Act creating Board Road and Revenues of Coffee county ........ , . . . . . . . . . . . . . 501 I N D E X .. 1033 Bill to create Board Road and Revenues for the County of Coffee .......................... . 502 COURTS-CITY- Bill to amend Act establishing city court of Swainsboro . . . . . . . . . . . . . ...................... 162 404 443 Bill to repeal Act creating city court of Franklin 215 321 330 Bill to repeal Act creating city court of St. Mary's 229 336 Bill to repeal Act creating city court of Hazlehurst 361 406 492 Bill to revise calendar of the city court of Waycross 632 751 COURTS-SUPERIOR- Bill to confer upon judges right to excuse jurors from service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 446 Bill to provide for division of circuits into three divisions . . . . . . . . . . . . . .................. 335 405 488 Bill to provide for change of venue in this State.. 402 Bill to inquire into disqualifications of Judges.... 502 Bill to amend Act dividing Brunswick circuit and creating Waycross circuit. . . . . . . . . . . . . . . . . . . . 328 Bill to regulate hearing motions for new trials in vacation ......... . 771 ELECTIONS- President Senate, J. M. Slaton.................. 12 Secretary Senate, C. S. Northern . . . . . . . . . . . . . . 13 President Pro tern. Senate, A. 0. Blalock. . . . . . . . 14 Messenger Senate, Flynn Hargett................ 16 Doorkeeper Senate, D. J. Stephens . . . . . . . . . . . . . . 17 U. S. Senator to fill unexpired term of late Hon. A. S. Clay, Hoke Smith .......... 300 301 302 307 310 1034 INDEX. Bill to amend primary election laws approved Aug. 15, 1908...... .... .. .. .. .. ...... .. .. .. 170 FERTILIZERS- Bill to amend Act 1901 relative to analysis of com- mercia! fertilizers 216 GAME LAWS- A bill to prohibit the shooting and trapping of birds for three years . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 421 HYGIENE AND SANITATION- Bill to promote public health, etc., by system of drainage . . . . . . . . . . . . . . . . . . . . . . . . . . 161 323 391 484 Bill to change the name of the State Sanitarium 433 819 851 Bill to provide for sanitation of bakeries, creameries etc. .. .. .. .. .. ...................... 501 631 749 780 Bill to create live stock Sanitary &ard, define duties, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .727 780 INSURANCE- Bill to increase capital stock of Life Insurance Companies ............................. .418 531 560 Bill to define liability of insurers and policies of fire insurance companies . . . . . . . . . . . . . . . . . . . . . 402 Bill providing reserve for outstanding losses of casualty insurance ....................451 632 735 933 Bill to amend Act regulating business of insurance 524 701 850 Bill to make unlawful more than 10 per cent commission to agents selling insuranee stock 525 622 657 749 LABOR- INDEX. 1035 Bill to create and provide for a department of labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299 Bill to make it unlawful to interfere with farm laborers under contract 164 MILITARY- Bill to promote efficiency of military department and reduce expense ....................... 641 669 750 MESSENGERS-EXECUTIVE- 19 54 55 60 61 147 557 232 233 345 362 366 373 498 598 920 930 992 MESSENGERS-HOUSE- 18 150 152 220 231 304 320 337 445 360 384 400 419 422 441 45'4 459 482 499 521 523 555 575 597 629 661 692 708 713 7~ 775 789 820 842 844 878 914 915 930 931 957 958 982 989 993 996 999 1001 1002 1004 1004 1008 1009 1024 MISCELLANEOUS BILLS- Bill to prohibit the eloping and marriage of females under 18 years of age . . . . . . . . . . . . . . . . . . . . . . . . 148 Bill to create office of State Auditor, define his duties, etc. . .........................148 337 347 993 Bill to require artificial persons or companies to register . . . . . . . . . . . . . ...................... 149 386 Bill to provide for registrations of persons representing corporations before General Assembly 215 351 996 1036 INDEX. Bill to amend Act regulating and controlling sale of rosin and turpentine . . . . . . . . . . . . . . . . . . . . . . . . 162 Bill to create the office of militia district marshal. . 163 Bill to make it a misdemeanor to dispose of personal property held under conditional sale ........ 163 404 444 Bill to levy and collect tax on dogs and provide for collecting same . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Bill to make it unlawful to lobby with any grand, traverse or tales juror .................... 164 532 567 Bill to change time of holding meetings of General Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Bill to prevent granting of letters of administration after 20 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 Bill to create State Board of Conservation . . . . . 221 631 731 Bill to regulate grant of applications for and return of marriage licenses . . . . . . . . . . . . . . . . . . 222 Bill to make valid record affecting title to realty, recorded prior to August 1, 1911.............. 298 Bill to give title by prescription against State after 20 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299 Bill to fix revenue for damage suits against cor- porations making gases injurious to vegetation. . 304 Bill to prohibit measurement of lumber and timber cut and sold as prescribed in section 1843 of Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305 Bill to repeal Act of August 13, 1909 relative to land grants .............................. 305 755 779 Bill to prohibit publishing name or indentity of any female raped . . . . . . . . . . . . . . . . . . . . . . . . . 305 1000 Bill to give their nearest relatives the right to waive notice of commitment ..................... 418 531 560 Bill to require officers receiving fees to keep daily accounts ................................ 335 503 533 Bill to make binding contract of minor for educa- tion purposes ............................ 349 406 489 BiJI to require sworn weighers at all public gins. . 350 Bill to fix the amount of tare on cotton bales .. 350 410 988 INDEX. 1037 Bill to change present management of soldiers home' 450 532 748 766 Bill to prohibit floating of sawdust in streams .. 450 632 670 Bill to appoint commission to procure designs for Confederate monument ...................451 530 577 Bill to tax bachelors who remain unmarried after 40 years age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485 Bill to re-district State into Senatorial districts.... 485 Bill to provide for returns of attachments . . . . . . 501 Bill .to abolish tax on dogs in this State ...... 502 775 817 Bill to prohibit disorderly conduct without the limits of incorporate towns . . . . . . . . . . . . . . . . . . . . . . . . 335 Bill to regulate compressing of cotton in this State 525 Bill to provide how State House officers may regis- ter as voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 640 Bill to provide for filing abstract of title in claim cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 687 Bill to prohibit managers of cemeteries interfering with burial of dead . . . . . . . . . . . . . . . . . . . . . . . . . . 455 481 Bill to prepare an1endment to Constitution authoriz- ing Governor to borrow $500,000.00. . . . . . . . . . . . 782 MUNICIPAL LAWS- Bill to provide for government of cities, towns etc. 149 Bill to authorize Douglas to issue additional Bonds 362 405 885 Bill to authorize town council of Canton to create a debt ..................... . . . . . . . . . . . . . . . 228 329 Bill to amend charter of town of eario . . . . . . . . . . . 350 406 Bill to amend charter of town of Hull ........450 531 562 Bill to amend charter of town of Americus... .493 530 578 Bill to amend charter of town of Tallulah Falls 501 530 579 Bill to amend charter of town of Brunswick.... 502 530 580 Bill to amend charter of town of Dupont .... 572 633 664 Bill to amend charter of town of Comer ...... 572 633 687 Bill to amend charter of town of Rome ...... 622 633 665 1038 INDEX. Bill to amend charter of town of Swainsboro. . 668 700 750 Bill to incorporate town of Cleveland ......... 151 321 328 Bill to incorporate town of Blue Ridge ............ 217 329 Bill to incorporate town of Marvin ........... 349 405 421 Bill to incorporate town of Hazlehurst ....... 524 632 686 Bill to incorporate town of Scotland .......... 572 632 686 Bill to create charter for town of McCaysville 217 321 329 Bill to create charter for town of Ohoopee ...... 531 533 579 Bill to create charter for town of Dupont ..... 573 632 667 ORGANIZATION- Senate met June 28, 1911, at 10 o'clock a. m. and organized by electing- John M. Slaton, President ................ . 12 Chas. S. Northen, Secretary ............... . 13 A. 0. Blalock, President Pro tern ........... . 14 Flynn Hoogett, Messenger 16 D. J. Stephens, Doorkeeper. PENSIONS- Bill to increase pension of indigent Confederate soldiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Bill to provide way for veterans to get pensions when proof can be found.................... 155 PRISON COMMISSION- Bill to amend Act creating Prison Commission 331 406 488 PROHIBITION- Bill to make U. S. License prima facie evidence of guilt . . . . . . . . . . . . . . . . . . . . . ...... 229 336 446 563 991 Bill to make it unlawful to advertise liquors...... 460 INDEX. 1039 Bill to prohibit the use of tobacco by persons under 18 years age . . . . . . . . . . 460 PUBLIC ROADS- Bill to put in force in counties having between 9750 and 9950 population what is known as the alternative road law . . . . . . . . . . . . . . . . . . . . . . . . . 851 RAILROAD COMMISSION- Bill to provide attorney for Railroad Commission . .451 577 RAILROADS- Bill to require railroads to provide separate ticket windows .........................155 323 505 513 581 Bill to require railroads to put cinder deflectors in car windows .............................216 404 444 Bill to regulate charges on electric and interurban railways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 Bill to authorize free passes for sheriffs aud deputy sheriffs . . . . . . . . . ....................... 361 6517 734 Bill to authorize free passes to Confederate veterans 450 530 562 Bill to authorize electric railways to acquire, lease and operate ............................. 459 700 748 Bill to provide for appointment attorney for railroad Commission ........................... 451531 Bill to permit railroads to accept advertising for transportation .......................... 573 665 817 Bill to regulate use of mileage books and mileage tickets . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 1013 SCHOOL LAWS- Bill to provide for furnishing school books. . . . . . . . 149 1040 INDEX. Bill to authorize School Commission to issue interest-bearing scrip ......................... :. 164 469 Bill to provide for the consolidation of schools.... 170 Bill to revise school laws so as substitute county sup- erintendent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 222 Bill to compel attendance of deaf children at school for deaf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 Bill to revise laws so as to change State Board Edu- cation . . . . . . . . . . . . . .................... 222 218 791 Bill to provide that State Echool Commission be ex-officio secretary and executive agent State Board Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299 Bill to incorporate Homer School District in Banks county . . . . . . . . . . . . . . . . . . . ............. 321 511 558 Bill to authorize issuance of Bonds for building school houses ........................... .450 531 563 Bill to amend Act Dec. 18, 1911, :t:elative to system public schools for Hazlehurst .............. 525 576 621 Bill to provide for tuition in Technological school of Georgia .............................. 668 817 851 TAXES- Bill to provide State and county boards for tax returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 573 632 Bill to propose amendment to constitution so as to require corporations to pay taxes by first of September of each year . . . . . . . . . . . . . . . . . . . . . . . . 785 1005 UNIVERSITY OF GEORGIA- Resolution authorizing committees of House and Senate to visit University during the interim ..... 524 527 SENATE RESOLUTIONS- Resolution to notify House that Senate was organ- ized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 INDEX. 1041 Resolution appointing committee to notify Governor General Assembly had organized ............. . 17 Resolution on Rules of Senate ................. . 17 Resolution on joint sessio11 to cpeu aud publish election returns . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 Resolution that rules of last Senate remain in force until new rules are adopted . . . . . . . . . . . . . . . . . . 18 Resolution appointing joint commitee to arrange inauguration of Governor-elect . . . . . . . . . . . . . . . . 18 152 Resolution to prohibit poligamy m t11e United States etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... hi 404 443 Resolution on adjourn!llent . . . . . . . . . . . . . . . . . . . . . 151 154 Resolution that Secretary cf Stat"e furnish Senate with Lytbia water . . . . . . . . . . . . . . . . . . . . . . . . . 1J4 Resolution declaring tesn!t o[ elertioa of Governor and State House (,tfi,~er;;. . . . . . . . . . . . . . . . . . . . . . l"JG 157 Resolution extending privileges of floor to W.. H. Davis, Mayor Cordele . . . . . . . . . . . . . . . . . . . . . . . Hli Resolution appointing committee to procure Oil painting of late Hon. A. S. Clay ............... 169 22:1 Resolution on death of General C. A. Evans . . . . . . 211 Resolution indorsing international peace . . . . . . . . . 214 231 Resolution to invite qualified voters to express choice for U. -8. Senator ..................... 168 169 Resolution inviting all candidates for U. S. Senate to address General Assembly . . . . . . . . . . . . . . . . . 165 168 Resolution appointing committee to consult candi- dates for U. S. Senator in regard to willingness to resign and go into primary ................ 214 223 Resolution indorsing work of educational train . . . . 214 Resolution indorsing certain legislation pending res- olution rer Witham Bankers Association . . . . . . 214 Resolution appointing commission to investigate and report upon lease of W. & A. Railroad .... 215 294 461 996 Resolutioc. that committee in charge of University 1042 INDEX. system also report upon condition of Congres- sional District schools . . . . . . . . . . . . . . . . . . . . . . . 294 Resolution fixing hour of noon for electing U. S. Senator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307 Resolution that in nominating candidates no lau- datory remarks be allowed nor any candidate be disfranchised . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 Resolution to meet in joint session at 11 :38 a. m. to elect U. S. Senator . . . . . . . . . . . . . . . . . . . . . . . . . . 306 Resolution to visit University of State and Agri- cultural colleges by committee . . . . . . . . . . . . . . . . . 306 525 Resolution Requesting Governor Smith to with- draw appointments sent Senate ..........310 311 319 Resolution that Senate and House meet in joint session to hear Dr. Peter F. Bonhsein on tick eradication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419 Resolution that when Senate adjourn today it stand adjourned to Monday at 12 o'clock............ 331 Resolution that House resolution in regard to in- vestigation of Agricultural Department be set for special order etc. . . . . . . . . . . . . . . . . . . . . . . . . 888 392 Resolution on adjournment . . . . . . . . . . . . . . . . . . . . . 403. Resolution to recommit to appropriation committee 433 Resolution to require State Treasurer to keep seperate accounts of special school tax .... .451 487 505 Resolution requesting House to return Senate reso- lution Number 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . 456 Resolution relative to case of State vs. Tennessee Copper Company . . . . . . . . . . . . . . . . . . . . . . . . . . . 462 633 Resolution inviting Woodrow .Wilson to address General Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . 478 Resolution making Senate Bill No. 59 special order for Tuesday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 493 Resolution making Senate Bill No. 88 special order for Monday . . . . . . . . . . . . . . . . . . . . . . . . . . . 504 Resolution to adjourn to Monday . . . . . . . . . . . . . . . 511 INDEX. 1043 Resolution giving acquisition of lands to U. S. under auth~rity of Congress .............. 522 566 623 Resolution to invite General Assembly to visit lfacon on next Saturday .......... ;.......... 526 Resolution That Senate Bill No. 112 be made special order for tomorrow . . . . . . . . . . . . . . . . . . . . . . . . . 526 Resolution that consideration of Bills reported and ready for third reading be first order of business for today's session . . . . . . . . . . . . . . . . . . . . . . . . . . 565 Resolution to investigate State's right to certain lands on Tallulah River ................. 574 726 751 Resolution to fix hour of adjournment 1 p. m. until further change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 574 Resolution inviting Hon. T. E. Watson to address the General Assembly . . . . . . . . . . . . . . . . . . . . . . . 574 Resolution requesting Hon. Hoke Smith to resign as Governor and go to U. S. Senate............ 574 Resolution appointing joint committee to select site for Governor's Mansion . . . . . . . . . . . . . . . . . . . . . 5fl5 654 Resolution authorizing committee on Academy for Blind to visit said institution .............. 641 729 730 Resolution requestitlg Governor to send n;.essage to General Assembly on certain matters . . . . . . . . . . 641 Resolution that when Senate adjourns today it stand adjourned to Monday at 11 a. m. Resolution that American Poultry Association hold next meeting in Atlanta. . . . . . . . . . . . . . . . . . 654 718 852 Resolution requiring Representatives in Congress to vote in favor joint resolution relative to tre~ty with Russia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667 Resolution providing commission for Panama Ex- position of 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 670 729 Resolution that beginning August 8, the Senate shall meet at 9 a. m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678 Resolution appointing steering committee for the Senate . . . . . . . . . . . . . .......... :. . . . . . . . . . . . 701 726 1044 INDEX. Resolution for relief of Geo. T. Betts of Turner county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 726 Resolution that order of business today after mes- sages from House be consideration of House bills ' favorably reported . . . . . . . . . . . . . . . . . . . . . . . . . . 771 Resolution that when Senate adjourns today it re- convene at 3 p. m. . . . . . . . . . . . . . . . . . . . . . . . . . 789 Resolution Relative to eligibility to membership on State Board Education . . . . . . . . . . . . . . . . . . . . . . 791 Resolution that President Senate appoint committee of five to investigate Soldiers Home .......... 885 1012 Resolution that Senate, House concurring, adjourn on Wednesday to comply with Constitution. . . . . . 921 Resolution that when Senate adjourns today it meet again at 3 p. m . . . . . . . . . . . . . . . . . . . . . . . . . 933 Resolution congratulating Senator Prather upon arrival of a son at his home.................. 933 Resolution extending sympathy to Senator Kincaid on illness of his daughter . . . . . . . . . . . . . . . . . . . . 933 Resolution that the officers, certain members and employes of House and Senate remain at capitol five days to bring up the unfinished business... . . 987 Resolution that when Senate adjourn this morning it stand adjourned until 3 p. m. . . . . . . . . . . . . . . 988 Resolution to appoint committee of three to investi- gate charges made against Messenger of the Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1006 Resolution, that the thanks of the Senate be ex- tended John M. Slaton . . . . . . . . . . . . . . . . . . . . . . . 1012 Resolution extending thanks to Secretary and assist- ants, doorkeepers, messenger, etc............... 1013 INDEX. 1045 HOUSE BILLS APPROPRIATIONS- Bill to make an appropriation for expenses of State government . . . . . . . . . . . . . ...... 837 854 948 992 1002 Bill to appropriate $3,280.22 to supply deficiency in public building and contingent fund ..... 906 936 977 Bill to appropriate $270,13 to pay expenses of com- mittee to investigate convict system ......... 906 935 979 Bill to appropriate $5',000.00 to build annex to soldier's home ........................... 907 935 978 Bill to appropriate certain funds to Agricultural College to prevent hog cholera ..............915 934 976 Bill to appropriate $5,000.00 to board directors of Normai and Industrial college .... 916 934 935 969 976 Bill to appropriate certain funds to State Normal school . . . . . . . . . . . . . . . . . ................ 916 934 970 Bill to appropriate certain funds for tubercolosis sanitarium 916 BANKS- Bill to provide for adding Shellman to list of State depositories . . . . . . . . . . . ................. 364 409 674 Bill to add Alpharetta to list of State depositories 365 Bill to add Eatonton to list of State depositories .. 415 539 620 Bill to at:thorize Governor to appoint four State depositories in Atlanta . . . . . . . . . . . . . . . . . . 640 657 703 Bill to amend section 1249 so as to add Lumpkin to list State depositories . . . . . . . . . . . . . . . . . . . . . . . 863 Bill to amend section 1249 so as to add Fairburn to list of State Depositories . . . . . . . . . . . . . . . . . . . . 692 726 1046 INDEX. Bill to amend section 1249 so as to add Reynolds to list of State depositories .................. 906 935 962 Bill to amend section 1249 so as to add Uvalda to lis~ o.!: State depositories .................. 907 935 961 CODE AMENDMENTS- A bill to amend section 696 ................. .406 352 965 A bill to amend section 4990 Civil Code ...... 352 408 487 A bill to amend section 2011 Civil Code . . . . . . . . . . 364 A bill to amend section 4193 Civil Code .......... 365 541 A bill to amend section 982 Civil Code . . . . . . . . . . 486 A bill to amend section 4424 Civil Code . . . . . . . . 411 913 A bill to amend section 331 Civil Code ........... .415 540 A bill to amend section 414 Penal Code ....... .437 539 963 A bill to amend section 3137 Civil Code. . . . . . . . . . 528 A bill to amend section 1249 Civil Code ........ 691 726 961 A bill to amend section 1249 Civil Code ...... 692 726 962 A bill to amend section 486 Civil Code . . . . . . 805 881 991 A bill to amend section 824 Civil Code ....... 805 881 944 A bill to amend section 4770 Civil Code ...... 805 882 945 A !:ill to amend section 60 Civil Code . . . . . . . . . . . 849 990 A bill to amend section 3250 Civil Code 849 881 967 COMMITTEE-SPECIAL-HOUSE- Joint committee to procure oil painting of Hon. A. S. Clay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 Joint committee to notify Gov. Hoke Smith of his election to U. S. Senate . . . . . . . . . . .. . . . . . . . . . . . 318 Joint committee to meet in vacation and revise and codify banking laws. . . . . . . . . . . . . . . . . . . . . . 905 936 Conference committee on part of the Senate on Ap- nropriation bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1001 INDEX. 1047 CONVICTS- Resolution to provide for visiting convicts during vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 801 854 COUNTY COMMISSONERS- Bill to establiSh board roads and revenue for Jenkins county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340 408 Bill to repeal Act establishing board county com- missioners, J en:kins county ........ 340 408 422 429 450 Bill to amend Act providing for election of county commissioners, Quitman county ............. 340 407 432 Bill to amend Act enacting board road and revenues for Oglethorpe county .................... 341 407 433 Bill to authorize county commissioners of Colquitt county to issue bonds .......... : .......... 352 407 431 Bill to amend Act to create board roads and reve- nues for Hall county ..................... 365 406 430 Bill to repeal Act creating board roads and revenues for Pulaski county ..................... o o o 406 431 Bill to create board Roads and revenues for Telfair county ........... 0 411 Bill to create office of commissioner roads and reve- nues for Pulaski county ................. .412 539 614 Bill to amend Act relative to electing board roads and revenues, DeKalb county ..... 0 0 0 o o o o 414 Bill to change date 'of collecting commutation tax in Warren county . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 Bill to amend Act of Aug. 10, 1908, creating board roads and revenue for Calhoun county .. 0 .480 543 606 Bill to abolish board road and revenues in White county ... o o o o . . . . . . . . . . . . . . . . . . . 509 Bill to amend Act creating board roads and revenues for Floyd county .526 636 674 o o o o o o o o o o o o o o o Bill to amend Act Dec. 12, 1898, creating board roads and revenues for Thomas county ..... 527 637 673 1048 INDEX. Bill to require county commissioners of Coweta county to work all main roads of towns in said ~ounty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529 636 705 Bill ~ :-~ abclish office of county commissioner of Gwi::::ett county ......................... 556 725 826 Bill to amend board of commissioner laws for Liberty county ............................. 614 888 Bill to create board county commissioners for Colquit county .............................. 639 725 835 Bill to reduce number county commissioners for Laurens county .......................... 639 725 865 Bill to authorize election board roads and revenues in DeKalb county ........................ 640 670 830 Bill to amend Act creating board roads and revenues in Liberty county ........................ 640 853 886 Pill to create board roads and revenues for Burke county .................................. 691 725' 858 Bill to create board county commissioners for Milton county .................................. 722 758 833 Bill to abolish boards roads and revenues of Wilkes county . . . . . . . . . . . . . .................... 762 853 888 Bill to increase number county commissioners, Scri,en county .......................... 793 852 886 Bill to amend Act creating board roads and revenues Berrien county . . . . . . . . . . . . . . . . . . . . . . . . . . 803 853 888 Bill to abolish board commissioners roads and revenues, Franklin county .................... 843 883 942 Bill to create office of commissioner roads and revenue Gwinnett county .................. 849 883 942 Bill to create a board of commissioners for Gwinnett county . . . . . . . . . . . . . . . .................. 850 944 946 Bill to create office commissioner roads and revenues Franklin county ....................... 845 883 941 COUNTY LAWS- Bill to provide for changing county lines in counties with less than 16,422 population ........... .411 504 672 INDEX. 1049 Bill to divide Brooks county into five commissioner districts . . . . . . . . . . . . . .................. .481 542 605 Bill to authorize county of Newton to issue bonds for $50,000.00 ........................... 763 816 865 Bill creating board commissioners to expend $300,000.00 for Lowndes county ................. 806 854 894 Bill to authorize issuance of bonds, etc., by DeKalb county . . . . . . . . . . . . . . . . . ................ 848 883 946 COUNTY OFFICERS- Bill to elect county judge in Echols county .... 722 757 825 Bill to fix salary of clerks Superior court and offi- cers . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ...... 803 85r.l 886 Bill to regulate pay of certain court officers in this State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 803 885 944 Bill to fix pay of treasurer of Richmond county 862 882 943 COURTS-CITY- Bill to amend act relative to city court of Bainbridge . . . . . . . . . . . ...................... 364 384 410 Bill to amend Act relative to city court of Swainsboro . . . . . . . . . . . . . ...................... 413 541 609 Bill to amend Act relative to city court of Buford 413 540 613 Bill to amend Act relative to city court of Jackson. 419 461 Bill to amend Act relative to city court of Millen .. 434 536 617 Bill to amend Act relative to city court of Madison 435 535.615 Bill to amend Act relative to city court of Ashburn 436 543 602 Bill to amend Act relative to city court of Leesburg 436 544 603 Bill to amend Act relative to city court of Hall county . . . . . . . . . ....................... .437 540 608 Bill to amend Act relative to city court of Moultrie 438 913 Bill to amend Act relative to city court of Hiram 480 1050 INDEX. Bill to amend Act relative to city court of Dublin. . 481 577 Bill to amend Act relative to city court of Columbus 482 757 831 Bill to ament Act relative to city court of Louisville 508 633 703 Bill to amend Act relative to city court of Clarke county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 635 673 Bill to amend Act relative to city court of Richmond county . . . . . . . . . . . . . . . . . . ............... 527 636 727 Bill to amend Act relative to city oourt of Nashville 557 637 Bill to amend Act relative to city court of Quitman 588 758 831 Bill to amend Act relative to city court of Ocilla.. 622 Bill to shear amend ..... Act .... .r.e.lati.v.e. .t.o. .c.i.ty. court ...... of ... Black... 625 634 694 Bill to amend Act relative to city court of Valdosta 638 705 Bill to amend Act relative to city court of Marietta 638 727 826 Bill to amend Act relative to city court of Abbeville 668 725 857 Bill to amend Act relative to city court of Swains- boro . . . . . . . . . . . . . . . . . . . . . . . . . . ..... 689 757 829 830 Bill to amend Act relative to city court of Blakely 691 761 864 Bill to amend Act relative to city court of Ellaville 691 762 866 Bill to amend Act relative to city court of Baxley 692 761 866 . Bill to amend Act relative to city court of Spring- field . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 692 760 893 Bill to amend Act relative to city court of Way- cross . . . . . . . . . . . . . . . .................... 717 762 893 Bill to amend Act relative to city court of Way- cross . . . . . . . . . . . . . . . ................... 805 853 890 Bill to amend, Act relative to city court of Statesboro 806 853 894 Bill relative to Act creating city court of Millen. . 409 426 INDEX. 1051 Bill relative to Act creating city court of Franklin county . . . . . . . . . . . . . . . . ................ .414 539 586 Bill relative to Act creating city court of Cordele 435 541 610 627 Bill relative to Act enacting city court of Sylvester 479 634 674 Bill relative to Act enacting city cdurt of Hartwell 479 758 825 Bill relative t{) Act creating city court of Bostwick 479 Bill relative to Act creating city court of Washing- ton . . . . . . . . . . . . . . . . . . . .................. 527 589 61 0 Bill relative to Act enacting city court of Quitman 528 833 Bill relative to Act creating city court of Wrights- ville . . . . . . . . . . . . . . . . . . . . . . ............. 529 636 704 Bill relative to Act creating city court of Brunswick 557 758 760 Bill relative to Act creating city court of Covington 589 600 Bill relative to Act creating city court of Ocilla. . . . 622 Bill relatiYe to Act creating city court of Dawson 689 759 834 Bill relative to Act creating city court of Pembroke 804 852 890 Bill relative to Act creating city court of Moultrie 848 943 Bill relatiYe to Act creating city court of McRae 861 904 942 COURTS-COUNTY- Bill to amend county court Act so far as it applies to Charlton county ...................... 231 232 339 Bill to amend county court Act so far as it applies to Pierce county ........................ .480 623 643 Bill to amend county court Act so far as it applies to Jefferson coanty ....................... 510 636 7<'2 Bill to amend county court Act so far as it applies to Wayne county . . . . . . . . . . . . . . . . . . . . . . . . 691 762 867 1052 INDEX. Bill to amend county court Act so far as it applies to Bryan county ........................ 719 762 894 COURTS-SUPERIOR- Bill to provide for filling vacancies in office of judges, solicitors, etc...................... 341 421 586 Bill to provide for liolding three terms of Superior court in Cobb county .................... .412 543 604 Bill to provide for holding four terms of Superior court in Worth county .................. , .436 543 642 Bill to provide for holding four terms of Superior court in Crisp county ................. , . . . . . . 480 701 Bill to provide for increasing number of terms Superior court, Johnson county .......... 689 759 834 Bill to change the terms of Montgomery Superior court . . . . . . . . . . . . . . . . . ................. 689 725 832 Bill to change time holding Superior court of Craw- ford county . . . . . . . . . . . . . . . . . . . . . ........ 690 757 824 Bill to change time of holding Superior court of Stephens county ............................. 690 718 Bill to change time of holding Superior Court of Effingham county ........................ 690 758 832 Bill to rearrange Northern and Western circuits of State of Georgia ........................ 690 757 859 Bill to regulate pay of stenographers nr certain judicial circuits .......................... 692 760 892 Bill to cre~te a new judicial circuit and other purposes ................................ 773 816 858 Bill providing for four terms Superior court Elbert county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 802 Bill to change time of holding Superior court of Hart county 806 ELECTIONS- Bill to prescribe qualifications of voters in special elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 883 1000 INDEX. 1053 FERTILIZERS- Bill to regulate and control sale of commercial fertilizers . . . . . . . . . . . . . . . . . . . . . . ........ 846 881 987 GAME LAWS- Bill to prohibit killing d