Journal of the Senate of the State of Georgia regular session at Atlanta, Wednesday, June 25, 1913

JOURNAL
OF
THE SENATE
OF THE.
STATE Of G. EORGIA
REGULAR SESSION
At Atlanta, Wednesday, june 25, 1913.
ATLANTA, GA..
CHA.S. P. BYRD, STATE PRINTER.
1913

JOURNAL
SENATE CHAMBER,
ATLANTA, GA.
Wednesday, June 25, 1913, 10 A.M.
The Senators-elect :for the years 1913 and 191_4 met at 10 o'clock A. M. this day in the Senate Chamber, and was called to order by Hon. C. S. Northen, Secretary of the last Senate. The Secretary of the Senate submitted to the Secretary the certified list of Senators-elect; the following is the list:
1st District-J. R. Anderson. 2d District-G. M. Tyson. 3d District-G. W. T'aylor. 4th District-W. M. Olliff: 5th District-J. L. Sweat. 6th District-W. L. Converse. 7th District-S. M. Turner. 8th District-W. J. Bush. x 9th District-E. L. Smith. lOth District-L. L. Ford. 11th District-J. N. Watts. 12th District-G. Y. Harrell. 13th District-C. H. Richardson.

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JouRNAL QF THE SENATE,

14th District-M. E~ Rushin.

15th District-0. H. Elkins.

16th District-Fred Kea.

17th District-C. H. Parrish.

18th District-0. L. Kelly.

. 19th District-C. E. McGregor.

20th District-John T. Allen.

21st District-S. E. Jones.

22d District-W. D. McNeil.

23d District-R. L. Dickey.

;'

24th District-B. S. Miller.

25th District-R. 0. Bulloch.

26th Distriet-W. E. H. Searcy, Sr.

27th District-A. H. Foster.

28th District-Grant D. Perry.

29th District-N. B. Chennault.

30th District-R. T. DuBose.

31st District-J. T. Peyton.

32d District-J. H. Moore.

33d District-W. W. Stark.

34th District-M. D. Irwin.

35th District-H. M. Huie.

36th District-J. T. Longino.

37th District-J. T. Hixon.

38th District-W. E Spinks.

WEDNESDAY, .JUNE 25, 1913.

39th District-W. W. Jones. 40th Distriot-J. F. Johnson. 41st District-A. H. Burtz. 42d District-John W. L. Brown. 43d District-M. C. Tarver. 44th District-Le Pope.
I certify that the above list is a true and correct .list of the me~bers of th~ Senate as appears from the returns of file in this office.
PHILIP CooK,

Atlanta, Ga., June 25, W13.

Secreta'ry :of State.

The foregoing official list was called to ascertain the p~esence of a quorum being present, the blessings of God were invoked by the Rev. J. W. G. Watkins at the request of the Secretary. Senators-elect then presented themselves at the Secretary;s desk
and took the prescribed oath of office, the same being administered by Hon. J. R. Pottle, Associate Justice of the Court of Appeals of Georgia.

The Secretary then announced that the next business in order was the election of a President of the body.

Mr. W. E. Spinks withdrew the name of Senator Allen from the race for President.

Ron. W. W. Stark of 33d District placed in nomination the Hon. J. Randolph Anderson for President of the Senate.

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There being ilo other nominations the roll was called and the vote was as follows:

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Oonverse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. F{)rd, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D.

Peyton, J. T. Pope, Le,
Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Wa.tts, J. N.

Upon casting up the vote it appeared that Hon. J. Randolph Anderson had received 43 votes, which was all the votes cast, and was declared duly elected President for the ensuing two years.

The President then announced the election of a Secretary of the Senate as the next order of business~ Whereupon Senator Hine placed in nomination Hon. C. S. Northen of Fulton County as Secretary for the ensuing two years.
There being no other nominations the roll was called; the vote is as follows:

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Oonverse, W. L. Dickey, R. L.

DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M. Irwin, M. D.

Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D.

WEDNESDAY, JcNE 25, 1913.

'l

Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T. Pope, Lc,

Richardson, C. H. Tarver, M. C.

Rushin, M. E.

Taylor, G. W.

Searcy, W. E. H. Sr. Turner, S. M.

Smith, E. L. Spinks, W. E.

Tyson, C. M.
wa.tts, J. N.

Stark, W. W.
. Sweat, J. L .

MR. PRESIDENT.

Upon casting up the vote it appeared that the Hon. C. S. Northen had secured 44 votes, which waH nII the votes cast, and was duly elected Secretary of the Senate for the ensuing two years.

The next business was the election of a President
pro tem.

Senator Sweat placed in nomination Senator Bush for President pro tem-this was seconded by several.

Senator Miller placed in nomination Senator E. L. Smith for President pro tem, and this nomination was ~econded by several.

There being no other nominations the roll was called and the vote was as follows:

Those voting for Senator Smith were MessTs.-

Brown, John W. L. Irwin, M. D.

Bulloch, R. 0.

Jones, S. E.

Burtz, A. H.

Jones,_ W. W.

Bush, W. J.

Johnson, J. F.

Chennault, N. B. Kea, Fred,

Converse, W. L. Kelly, 0. L.

Di'Ckey, R. L.

Longino, J. T.

Elkins, 0. H.

McNeil, W. D.

Ford, L. L.

Miller, B. S.

Foster, A. H.

Moore, J. H.

Harrell, G. Y.

Olliff, W. M.

Hixon, J. T.

Parrish, C. H.

Huie, G. M.

Perry, Grant D. Peyton, J. T. Pope, Le, Rushin, M. E. Searcy, W. E. H. Sr. Spinks, W. E. Stark, W. W. Tarver, M. C. Taylor, G. W. Turner, S. M. Watts, J. N.
MR. PRESIDENT.

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Those voting for Senator Bush were Messrs.-

DuBose, R. T. McGregor, C. E.

Richardson, C. H. Sweat, J. L.

Smith, E. L.

Tyson, C. M.

Those not voting were Messrs.-
Allen, John T.
Upon casting up the vote it appeRred that Senator Smith had received 37 votes, which was a majority of all the votes. cast, and was duly elected President pro tem1. of the Senate for the ensuing two years.
Tlhe next order of business was the election of a Messenger of the Senate.
Mr. Miller placed in nomination the Hon. Flynn Hargett of Harris County for Messenger for the ensuing two years. This nomination was seconded by several; there being no other nominations the roll was called.

Those voting for Hon. Flynn Hargett were Messrs.-

Brown, John W. L. Irwin, M. D.

Peyton, J. T.

Bulloch, R. 0.

Jones, S. E.

Pope, Le,

Burtz, A. H.

.Jones, W. W.

Richardson, C. H.

Bush, W. J.

.Johnson, J. F.

Rushin, M. E.

Chennault, N. B. Converse, W. L. Dickey, R. L. Elkins, 0. H. F{)rd, L. L.
Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Kea, Fred, Kelly, 0. L. Longino, J. T.
McGregor, c: E.
McNeil, W. D. Miller, B. S. ' Moore, J. H. Olliff, W. M. Parrish, C. H.

Searcy, W. E. H. Sr. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.

Perry, Grant D. MR. PRESIDENT.

Those not voting were Messrs.-

Allen, John T.

DuBose, R. T.

Smith, E. L.

WEDNESDAY, JUNE 25, 1913.

9

Upon casting up the vote it appeared that Hon. Flynn Hargett had received 42 votes, which was a majority of all the votes cast; was declared duly elected M'essenger of the Senate for the ensuing two years.
The next order of business was the election of a Doorkeeper for the ensuing two years.

Mr. Miller placed in nomination the Hon. I. J: Stephens of Coweta County; this nomination was seconded by several.

Mr. Huie placed in nomination the Hon. Julius H. Cook of Fulton County.
There being no other nominations the roll was called for the election of Doorkeeper, and the vote was as follows:

Those voting for Hon. I. J. Stephens were Messrs.

Allen, John T. Brown, John W. L. Bulloeh, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T.

Irwin, M. D.
Jones, S. E. Jones, W. W. Johnson, J. F.
Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Olliff, W. M. Parrish, C. H. Pen'y, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

Those voting for Hon. Julius H. Cook were

:MessrS'.-

Huie, G. M.

Moore, J. H.

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Those not voting were Messrs.-

Smith, E. L.

Upon casting up the vote it appeared that Ron. I. J. Stephens had received 41 votes, which was a majority of all the votes cast, and was declared duly elected Doorkeeper for the ensuing two years.

The following resolution was read and adopted:

By Mr. Miller-
Resolved, That the Secretary of the Senate be instructed to notify the House of Representatives that the Senate has organized by the election of Ron. J. Randolph Anderson as President and Hon. C. S. Northen as Secretary for the ensuing two years.
The following committee was appointed to select a Chaplain for the ensuing two years : Senators DuBose, Stark and Parrish. The above committee selected the Rev. J. W. G. Watkins as Chaplain, and this selection was confirmed by the Senate..
The following resolution was read and adopted:

By Mr. Miller-
Resolved, That until further ordered the rules of the Senate of 1911 and 1912 be and they are her~by adopted as the rules of the 1913 and 1914 Senate now in session.
The following m:essage was received from thu House through Mr. Boifeuillet, the Clerk thereof~

.WEDNESDAY, JUNE 25, 1913.

11

Mr. President:
I am instructed by the House to notify the Senate that the House has perfected its organization by the
election of Ron. :W- H. Burwell of Hancock, Speaker,
and Hon. Jno. T. Boifeuillet of Bibb, Clerk, and is now ready to proceed with the business of the ses sion.
The following resolution was read and adopted:

By Mr. Tyson-
Resolved, That the General Assembly :meet in joint session in the Hall of the House of Representatives tomorrow, Thursday, at 11 o'clock A. M., for the purpose of canvassing and consolidating the vo~e for Governor and State House officers, and declaringthe result.
Mr. Miller offered the following resolution, which was read and adopted:
Resolved, That a committee of two from the Sen.ate and three from the House be appointed to notify His Excellency the Governor that the General Asge:rrrbly has convened in regular session and is ready for the transaction of business.
Committee on the part of Senate are Senators Miller and DuBose.
The following resolution was read and adopted:

:By Mr. MillerResolved, That a committee of two from .the Sen-

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ate and three from the House be appointed to arrange for the inauguration of the Governor-elect.
Committee on part of Senate Senators Allen and Rushin.
The following resolution was read and adopted:

By Mr. DuBose-
Resolved, That the .Secretary of State be requested to secure sufficient quantity of Swift Springs water for the use of the Senate for the session of 1913 and 1914.
The following message was received from the House througft Mr. Boifeuillet, the Clerk thereof:
Mr. President:
The House has concurred in the following resolution of the Senate, to-wit:
A resolution providing for a joint committee to notify His Excellency the Governor that the General 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. Cheney, Holtzclaw, Akin.
Mr. President:
I am directed by His Ex~llency the Governor to deliver to the Senate a communication in writing, to which he respectfully invite's your attention:

WEDNESDAY, JUNE 25, 1913.

13

Governor's Message
Atlanta, Ga., June 25; 1913.
To the General Assembly:
Upon your assumption of the responsibilities of legislation for the welfare of the people of this great Commonwealth, I extend to you a cordial greeting, with the heartfelt hope that o1Ir Almighty Guide will lead your minds into the c-hannels of wisdom and deliberation. I cannot doubt that the people have shown careful discernment in the choice of members of both of your houses, hence it is with confidence that I lay before you the views which I deem worthy your consideration, recommending their enactment into laws which I believe will enhance the well being of the 8tate.
These views affecting the proper use of the ballot -the freeman's inherited right-the safety of person from disease and casualty, the economical, but judicious, expenditure of the people's money and the equitable levying of taxes for collecting the same, and other matters are such as experience and observation in the Executive Office have convinced me are necessary for the protection of the people and their progress on orderly lines..
I cannot refrain from premising with the statement that the words "Justice" and "Equality" a':"e

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the bases upon which is built our governmental

structure. Without justice government is a mock-

ery, without equality we eannot have a republic.

Therefore, if we be patriots, our life lines, our am-

bitions and endeavors cluster around these fateful

.words. .

REGISTRATION LAws.

First for consideration, I call your attention to the serious defects and unnecessary barriers in the registration law now upon the statute book. The requirement that the registration lists shall be closed six months in advance of regular elections is more d~astic than that in any other State in the , Union, and imposes unnecessary hardships upon the country people of this State. The same barrier to franchise rights for the choice of State and County officers prevails in only a less degree against the voters in the cities. Yet, in their municipal elections, the latter are allowed as short a time as they desire for registration. With some of them this limit is less than thirty days. Hence, I earnestly recommend that your honorable bodies make such changes in the registration laws as will protect all voters alike in their proper rights for exercising the franchise .

.Under the present law upwards of twenty thousand white voters in Fulton County alone are deprived of the right to vote by the operation of the law in question. And the total number disfranchised throughout the State exceeds seventy-five thousand. The continuance of the law, as framed,

WEDNESDAY, JuNE 25, 1913.

15

on the statute book will bring reproach upon the State.
BuiLDING oF PuBLIC HIGHWAYS.
The building of good roads is undoubtedly one of the main factors in the marked progress the State has made in material development during the past four years. Yet, as this progress is mostly due to the use of the State's convicts, the State has the right to require such handling of the convicts as will .generally benefit all the people while increasing th~ facilities of the several counties.
Therefore, it ~hould be required by law that, at least, a stipulated proportion of the convicts be worked upon the main roads in each county leading from its county site to the county sites of adjoining counties, or that all of the convicts be worked upon such main roads a stipulated proportion of their total time until said roads are completed.
Furthermore, that the main roads be laid off and worked in accord with the demands of public necessity and modern science, I recommend that the office of Commissioner of Public Highways be estab~ 1ished, and that it be filled with an experienced Civil Engineer, at a salary and traveling expense, etc., to he fixed by law.
DouBLE-TRACKING RAILROADS.
The increasing population and expanding commerce of the State of Georgia have now reached the point where the people's needs will soon demand that' the main lines of the leading railroads of the State be double-tracked. This is required for the

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greater safety of the millions of passengers and the

enormous amounts of freight transported. The sin-

gle tracks of some roads are now becoming almost

inadequate to modern requirements. With the
.double tracks not only would life and property be
better protected, but speed, comfort and practically

all advantages would be materially enhanced. With

the single tracks the delays alone, during the winter

months and during the times when fertilizers are

moving in the spring and fruits in the summer, cause

our people each year an aggregate delay of an

astonishing number of hours which, distributed over

the hundreds of stations, meanS' an absolute and irre-

parable loss to the productive and commercial

energy of the State. The loss thus caused is, beyond

all comparison, greater to the multitudes who travel

and ship freight than it is to the owners of the

railroads.

I suggest that your bodies, together with the Rail-

road Commission, take this matter under advise-

ment, in order, by practical means, to bring about

the benefits that double-tra-cking would afford.

And in this connection I will call your attention

to the fact that railroad building in Georgia for the

past few years has not kept pace with the develop-

ment of other general properties, as is shown by the

following official figures:

Total miles of single track railroads in

Georgia in 1905 -----------------Total miles of single track railroads in

6424.46

Georgia in 1912 ------,-----------Percentage of increase, 11.

7166.36

WEDNESDAY, JUNE 25, 1913.

17

Aggregate value of all property in 1905 _____________________________$ 577,840,282
Aggregate value of all property in 1912 ----------------------------- 842,358,342 Percentage of increase, 45.7.

STATE AuDITOR.
I respectfully call your attention to the great need ()f an up-to-date system of auditing accounts, and rooommend that you establish the office of State Auditor with such clerical force as is found needful. I am confident that an auditin~ department, with the authority to supervise all expenditures, would :save many times its cost each year.
FARM CREDIT SYSTEM.
The farm credit system which has wrought such -extraordinary results for good to the dwellers upon the farms in Germany and so~e other European .countries has attracted wide attention within the _past twelve months in this country.
I attended a Conference of the Governors at the White Rouse, which was called by President T'aft, in Dooember, 1912, for the purpose of discussing this system. Experts appointed by the United States government and by the Governors of some -of .the States are now investigating this subject in foreign countries. Georgia is represented in this investigation.
That our people may have direct information upon this s'nbjeet, I recommend that your honorable bodies appoint' a joint committee to whom shall be

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added about three or five other citizens of Georgiato be named by .the Governor, for the purpose of securing and placing before our people the most. available plan of securing for our farmers at th& lowest rates of interest such money as they mayneed for the conduct of their affairs.
When we realize that in Germany a farmer can borrow money at a rate of interest not exceeding five per cent., whereas in Georgia the gross rate paid runs from twelve per cent. sometimes to even twenty per cent., the importance of this subject caii be readily realized as being param~unt.

INHERITANCE TAX.
I desire to here repeat the suggestion I made to-your predecessors in 1909, viz. :
Over three-fourths of the States now have lawsproviding for an inheritance tax. A proposition to impose a national inheritance tax bas lately been presented to Congress, and.practically the only argument brought against the measure was to the effect that inheritances were properly subjects for State taxation, and that a majority of the States now: imposed such a tax.
The policy of modern government is opposed to-the accumulation of vast estates, so hedged aboutby legal technicalities and safe-guards as to escape their equitable burden of taxation, In the enlightened view of the leading publicists and economists; of our times, no sound reason. exists why inheritances should not be subject to taxation.

WEDNESDAY, JUNE 25, 1913.

19

NEAR BEER TAX.
The law providing for the collection of a license
-tax for the sale of near beer is so drawn that the
payment of this tax has been delayed or evaded by very many dealers.
To prevent excuses for delay in paying this tax in -future, I recommend that you place the duty of its collection upon some of the county officers with J)roper compensation therefor and also provide adequate penalties for failure to make prompt payment.
BANK ExAMINERS.
The great increase in the number of State Banks has rendered it physically impossible for two examiners to adequately perform the work required by law.
Under the present system two examiners'are rb quired to audit correctly the accounts of almost seven hundred banks semi-annually within this State. Hence, through no physical fault of the bank examiners those of the public who make their deposits in State banks have no assurance that all the banks are in a sound condition. It is, therefore, imperatively necessary that the number of bank ex:aminers be sufficiently increased to meet the demands for the proper protection of those who place their money in State banks.
The very large increase in the number of banks to be examined necessarily demands an increase in the number of examiners.

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VITAL STATISTICS.
Nothing is of more importance to a State than the preservation of good health for its inhabitants~ The vital statistics. of Georgia are so incomplete asto really furnish us with no reliable information~ I, therefore, recommend the enactment of laws requiring physicians to report all births and deaths. coming under their purview. The birth statistics, of course, should show sex and race. The death statistics should show the disease, or complaint, of which each person died.
If these statistics were kept fulJy and definitely,. we could within a few years ascertain what diseases were most prevalent in the various counties of the State, and in that way could be guided in taking steps toward alleviating the trouble to some extent. For example, if in one county there was a great proportion of deaths from malarial fever, and in another from pneumonia, or bronchial troubles, theconcentrated efforts of the State could be directed toward at least a partial removal of the cause, or the extension of knowledge among the local populations for handling the troubles most prevalent in their localities.
In this connection. I call your especial attentionto those portions of the report of the Commissioner of Agriculture which bear upon the shipment of tubercnlous cattle into this State and also to the inspections of dairies and butchers' establishments.
No better use could be made of the surplus incomeof that department, after paying $10,000 each to the-

WEDNESDAY, JUNE 25, 1913.

21

District Agricultural Schools and the expenses of the department, than to provide for extension of inspections suggested by the Commissioner of foods of various kinds and the increased expense needed for the laboratory. These matters are of excessive importance in protecting the health and lives of the people.

HISTORICAL RECORDS.
vVork on the Colonial Records and on that por~
tion of the records which include the rosters of Georgia troops during the years 1861-65 is being well done; but I respectfully suggest that Georgia has much history not covered by the two periods indicated.
The State should see that her history from the foundation of the Colony of Georgia by Oglethorpe to the present time ~ officially written. He~ people are entitled to know what has been done by Georgians throughout the whole period of the State's history. Georgia is amply able to perpetuate her records in definite form. Hence, I recommend that the office of Compiler of Colonial Records be perpetuated for such length of time as will ensure the proper writing of the State's history from the date reached by the present compilation until the date when such work shall have reached the then contem~ porary period. The expense of future work can be met by the net amount received from the sale of such books when published, also from the Acts of the Legislature and such other State bookS as you may see fit to include.

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That the people of Georgia may have facilities for acquainting themselves properly with the history of the State, I respectfully recommend that sets of these historic volumes be deposited in the Ordinary's office or other proper office in the court house of each county of the State.
I know of no better mode of arousing State pride in the youth and to some extent even among the adult population than to put in reach of all of them the facilities for learning the achievements of Georgians and the power and glory of our great State

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 Georgi;l 's sovereignty, common sense would seem to demand that a reproduction of it be made, which would enable all of the great doeuments of this State to be properly stamped. I, therefore, recommend that your honorable bodieS' take steps to effect the above purpose.

PRISON CoMMISSION.
I would suggest that the Prison 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

WEDNESDAY, JuNE 25, 1913.
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.
In this connection I will state that it has been proposed in some circles to restore the practice of whipping female convicts in order to maintain discipline. I respectfully suggest that such a return to a practice semi-barbarous in its nature would not he in keeping with the enHghtened spirit of our modern civilization.
The point has been raised in the public press and i11 some other circles that the State ought to allow moderate wages to convicts in the penitentiary, such wages to be paid to the families of these convicts whose protector and provider the State holds in confinement. I scarcely think that we are ready to take .such a step; but in the event it be seriously considered, I respectfuJly suggest that, inasmuch as the convict is immured because of his taking the life of another, or of some damage done to others, if wages be allowed by the State they should be paid mostly, if not entirely, to the family whom the convict has deprived of its protector and supporter.
CHARGE TO JURIES IN CAPITAL CASE_S.
Experience having shown that in capital cases
trial juries from time to time have requested the
presiding judge to re-charge them upon certain points where their memory had failed to retain the instructions in his charge, I respectfully su9gest

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.JOURNAL OF THE SENATE,

that it be required that in all capital cases the presiding judge shall, after reading bis charge to the jury, hand a copy of it to the foreman to be taken into the jury room for consideration in their deliberations.

BY J SusPENDING SENTENCES

TRIAL uooEs.

It is a known fact that a number of the trial judges of this State, after conviction by juries, pass sentences in conformity with the law and then suspend them, such suspension to last during the pleasure of the judge. Although this procedure by these judges has been declared unlawful by the Supreme Court, yet the practice is persisted in. I do not as.sert that this practice is in itself against public policy, but undoubtedly it should be in conformity with the law if it is to be continued. Hence, I recommend that your honorable bodies enact such legislation upon this subject as your wisdom suggests.

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 people of all the States. Their suggestions to the legislative bodies and for general interchange 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 print-

WEDNESDAY, JUNE 25, 1913.

25

ing 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, henee, the payment must come from the Governor, individually. I respectfully suggest the enactment of a statute authorizing these expem~es to be paid from the contingent fund of J:.he State, inasmuch a.s Georgia scarcely expects her Governor to fail to attend these annual conferences.
I also suggest that the Governor be authorized to pay this State's quota for printing the minutes of the meeting of the Conference in Richmond, Va., d:nring December, 1912.
DisTRICT AGRICULTURAL & MEcHANICAL ScHOOLs.
The District Agricultural & Mechanical Schools having been taken into the University system of the State, I respectfully suggest that the co-operative relationship between the State Uni~ersity, through the State College of Agriculture, and the above district schools be made closer than they have heretofore been. 'l'o this end I suggest that the Board of Trustees of the State College of Agriculture appoint at least one member from its Board of Trustees to be an ex-officio member of the Board of Trustees of the District Agricultural & Mechanical Sehool in his Congressional District, wher~by each of said district schools will have thereon one trustee of the State College of Agriculture. Such member should be required to attend the annual commencement exercises of the district school to which he is assigned
and should have ful1 privilege and authority to aet

26

JouRNAL OF THE SENATE,

with the board of Trustees of the district school at that and all other meetings of the said district school, and should make to the Trustees of the State College of Agriculture, after said commencement exercises, a full report of the conditions, pr9gress; etc., of the said District Agricultural & Mechanical
Sc~ools.
The Board of Trustees of the State College of Agriculture should also he clothed with. power to exercise such authority over the district schools as will cause them to conform to a general plan.
u STATE NIVEBSITY.
The demands of modern civilization are trending toward the greatest development of the human mind. That State which trains the brains of its young manhood and womanhood to the exercise of the highest powers is the State which by natural process take-s and holds the leadership over her civic sisters. The strongly developed mental faculties of a people have greater weight in the control of world powers than the broad-sides of battle ships. Genius makes conquests more abiding than are made by guns, and the strength in the trained brains of a people holds greater security than strength in the most elaborately constructed forts.
And while you are appropriating money and enacting laws for the more efficient and extended cultivation of the soil of our State, hold ever in mind that the cultivation which will bring the greatest crops and choicest fruits is the cultivation of the minds of her youth. Hence, I urge you to build up

WEDNESDAY, JUNE 25, 1913.

27

as rapidly as Georgia's resources will admit the State Uni~ersity which our forefathers created and which, with its branch colleges and other high educational institutions, can develop the mental powers of our young people of both sexes for keeping this great State abreast of her most ambitious rivals.
Before passing from this subject I cannot refrain from the statement that the cha_rm of the University of Georgia is its democracy. From a close observation of the conduct of its affairs for the past four years, I am prepared to assert with pride that the son of the poorest parents in the State has equal consideration by the faculty with the son of the richest. Merit and application open the gates of opportunity to all alike, and it is especially pleasing to note that the citizens of Athens extend impartial kindness to all the students regardless of rank or wealth. The State, therefore, has a selfish interest, and pardonably so, in every dollar she appropriates to maintain to highest efficiency this, her great braintrainer.

ScHOOL oF TECHNOLOGY, ETc.
It is impossible to measure the value to the State of the School of .Technology. The high standard which its graduates hold is finding its reflex in tbe technieal development of the commonwealth from the mountains to the seaboard. The modern demands for education of this character in the architectural and mechanical development of our people are so imperative that we cannot afford to let this

28

.J Ol'R~ AL OF THE SENATE,

great institution of learning lose aught of the high grade of efficiency now characterizing it.
It is undoubtedly true that this school has lost several of its leading instructors by reason of the inadequate compensation they received. I, therefore, urge you to appropriate the sum of ten thousand dollars as an addition to the annual maintenance fund of the said sch9ol, making same immediately available.
I also recommend the addition of $7,500 each to the annual maintenance funds of the Georgia Normal School and the Georgia Normal and Industrial SchooL

PAYMENT OF ScHOOL TEACHERS.
In my annual mesS'age to your predecessors last year I stated that the condition of the Treasury had permitted the payment of but 10 per cent. of the amount due for expenses of the common schools. I regret to report that, the appropriations having increased in greater proportion than the State's in-
come, it has been impossible to pay any amount as
yet of the common school appropriation for this year.
During the past three months we have made inquiry into the question of the payment of teachers, that is, we have sought to get the truth of conditions as they are.
The result of the investigation proves that the evil has not been exaggerated by those who have decried it.

WEDNESDAY, JUNE 25, 1913.

29

Briefly, we found that approximately one-third of :all the teachel\S in the public schools of the State in 1912 were forced io wait from two to twelve months for their pay, or, in lieu of waiting, had to discount their claims at from 8 to 25 per cent.
A great proportion of those who received prompt payments were paid with funds borrowed by local boards of education, who were required to pay from 6 to 12 per cent. for the money.
Concretely, we estimate from the reports received that advances made to boards or teachers during 1912 amounted to approximately $2,000,000, and that these advanees cost at least $75,000 in interest or discount.
Thus, it is clear that the waste in money due to delayed remittances from the State is great, and there must be an equal loss in efficiency resulting from the indifference fostered by the faulty and difficult method of financing the schools.
With $1,000,000 more revenue available during the Spring and Summer months the State would be able to make prompt monthly remittances to the s"Chool systems, and thus would practically overcome the difficulties now labored under, and growing worse.
Therefore, I urge upon you the necessity for taking such steps as will enable the Executive Office to make prompt monthly payments as due on the appropriation to the public schools.
The information gathered as the result of the investigation above referred to is on file in the Executive Office subject to your wishes.

30

JouRNAL OF THE SENATE,

EcoNOMY IN APPROPRIATIONS.
While there has been a gratifying increase in thEttaxable valuations of the property in the State, yet. the demands for expenses to maintain schools and' other educational institutions and the civil list require more than the present income of the State. Hence, I urge your honorable bodies to exercise great discernment and care in the matter of approprinting the people's money; and that, so far as can be made practicable without militating against theactual needs of the State's institutions and the conduct o_f the government, you exercise the strictest economy.
LAWLEss ELEMENT IN CERTAIN CouNTIES.
within the pwst few months certain lawless persons have posted notices in Forsyth, Dawson, Cobb and other counties, warning all negroes to move from those counties under penalty of destruction of their homes and lives. Several of such threatened outrages have been perpetrated through the dynamiting of houses, besides the burning of one store.
I am reliably infol"..Ded that quite a number of farms in Forsyth County have been practically abandoned this year for lack of labor, which has fled before these threats. The State cannot tolerate such a .condition of affairs. She cannot allow even a just resentment against lawless individuals to take the shape of wholesale intimidation of labor necessary for the conduct of farms and industrial enterprises. There is no reason why farms should lose their productive power and why t1ie white women of thi~

WEDNESDAY, JuNE 25, 1913.

iH

State should be driven. to the cook stoves and wash pots simply because certain people blindly strike down all of one class in retaliation for the nefarious deeds of individuals in that class. The application _ of the law is to the individual who violates it, and all who are law-abiding are entitled to and must have the protection of the law.
I, therefore, recommend the enactment of a statute which will meet the situation above indicated, and punish all who would impair the powers of honest labor. The penalty for dynamiting or burning residences should be fixed at $500.00 for each offense, and rewards of such amounts, not greater than $200.00 per perS'on, should be authorized for the arrest, with proof to convict, of every one guilty of posting threatening notices or using other measures for intimidating people and driving them from their homes.

RAILROAD COMMISSION.
Unnecessary offices which levy additional taxes upon the people should be abolished. It is against public policy to maintain sinecures. I therefore respectfully recommend to your honorable bodies the reduction of the membership of the Railroad Commission from five members to three.
When it is considered that only one member of the five is required by law to devote his entire time to the service of the office, and that the larger number of memtbers makes that body cumbersome, as well as needlessly expensive, it is patent that it is to the State's interest to reduce the number of Com-

32

JouRNAL OF THE SENATE,

missioners, and also to dispense with the office or Special Attorney for the Railroad Commission.
I will add that the Interstate CQmmerce Commis- sion has assumed the auth'ority to raise intra-staterates when it seems that these rates injuriously affect. interstate rates. The lower courts have upheld that Commission in this action. The Supreme Court o:f the United States ~as practically upheld this position in a recent decision, hence it would appear that a blow has been struck the Railroad Commissions of the States. In such event it would clearly be a waste of the people's money to maintain as many as five members on this Commission for the purpose mainly of supervising the occasional building of depots and the collection of statistical information.
Furthermore, it is well known that the number of members of this Commission was increased in 1907 for the purpose of installing what were termed ''Port Rates.'' Yet, although the advocates of'' Port Rates" have been in the majority on the Commission from September, 1907, to June, 1909, and from November, 1911, to this date, there bas been no effort made by the Commission to even promulgate "Port Rates." Hence, as "Port Rates" have been proven to be a campaign theory, which it is impracticable to make effective, it is manifestly contrary to the public interest to maintain five members on this hoard at the expense of the tax payers.

CRIMINAL LAWS.
Inasmuch as our penal laws have undergone little change during the past half century, it might be

WEDNESDAY, JUNE 25, 1913.

33

timely for you to make inquiry looking to amendments necessitated by changed conditions and modern developments.
I wish to direct your attention to one important change that is needed. In misdemeanor cases where prison penalties with alternative fines are imposed leave should be given ror payment of the fine, or the pro rata portion of the fine ~ue at any time before the completion of the prison or chain-gang sentence. In most court jurisdictions it is held that o::ace the fine alternative is rejected, and the period fur accepting it elapsed, the fine cannot be paid except by commutation from this office. In no case
will they pro rate the penalty, deducting, as they on
in cities, for the period of time served by the prisoner.
This' is manifestly unjust, amounting to a special penalty on poverty and misfortune. A great many perS'Ons are unable to raise the amount of the alternative fine when it is imposed upon them, but later do raise it, or a sufficient amount, allowing for the time served to meet the intent of the sentence imposed. The only way they can get relief is by coming to the Elxecutive Office with app1i~ations for clemency, which puts them to unnecessary expense and this office to much trouble, all of whioh could be obviated by your providing an automatic method for prisoners to pay their fines at any time before ~en tence is c!lmpleted.
ApplicationS' for executive clemen~y are becoming more and more burdensome on the Executive Office. During the past eighteen months this office has be~

34

JouRNAL OF THE SENATE,

forced to consider nearly 1,000 of such appeals. Outside the assistance rendered by the Prison Oommissian, the Executive Offiee each week is forced to read and answer scores of letters, and see or otherwise deal with scores of callers relating to such applications. Inasmuch as the Constitution places full responsib!lity in these matters on the Governor, he is in duty bound t~ examine each record and to make such investigatiQns and inquiries in addition to those made by the Commission as he thinks proper.
The result is that this work takes up a large proportiQn of the time of the Executive Office, precluding attention to other important business. In additi:on to this, lack of time makes it impossible for this office to pursue investigation of many cases as thoroughly as their importance demands.
Therefore, I recommend that you provide the Governor with a pardon clerk, or attorney, who shall devote his entire time to assisting in handling applications for executive clemency.

TAXES.
Again permit me to repeat the recommendation made in my general message of last year, and previous ones during a former administration, relative to the urgent need of a better method of assessing property for taxation.
All who have studied the question agree that if property now escaping taxation, and other property bearing less than its equitable burden, wer"e required to contribute their just part to the support of the State government our revenues would be augmented

WEmmsDAY, JuNE 25, 1913.

35

to the extent of the deficit, which is now of serious consequence.
It is but simple honesty to demand that all property be required to bear its' just share of the expenses of the government which gives it protection. Therefore, I recommend that you amend the tax laws so as to provide a method of assessment for, and equalization of, taxes more just than now prevails.

DucKTOWN CoPPER MINES.
The United States Supreme Court, some years ago, gave to the State of Georgia a decree against the copper companies operating in what is known as the Ducktown region in Tennessee. The fumes arising from the operation of the copper mines have been doing great damage to growing crops of citizens living in Fannin and other Georgia counties. This State, being willing to allow owners of the copper mines to continue the development of their property if our citizens were protected against damage, has allowed the copper companies time for perfecting appliances for taking care of the sulphur fumes. This is resulting in the manufacture of enormous amounts of sulphuric acid from__ the copper fumes.
But as the damage is still being done to some extent, one of the companies, the Tennessee Copper Company, has offered to place in the hands of the State a sum approximating $15,000 annually for the purpose of indemnifying thos-e Georgia citizens who are damaged, such annual fund to be available unti] their im1proved appliances are completed.
................................ .........:................:.....

36

JOURNAL OF THE SENAT.E,

I respectfully suggest, therefore, that you authorize the Governor to make this agreement with the Tennessee Copper Company, and require a similar agreement to be made with the other company or oompanies to the end that our citizens be protected from damages which are occurring during the growing season to crops each year.

CoMPULSORY ARBITRATION NEcESSARY.

During the fall of last year there occurred a strike

by the employees of the street car company in Au-

gusta, and another strike by certain employees of

the Georgia Railroad, which, .for a number of days,

prevented the public from having the benefit of the

operation 'Of these common carriers.

By the census of 1910, the city of Augusta had

a population of 41,040 people, and the oounties serv-

ed by the Georgia Railroad had an aggregate of

582,182. These figures give an idea of the wide-

spread wrong which these striking employees com-

mitted.

These tWlo corporations were chartered by the

State for the purpose of conducting commerce and

the carriage of passengers. The "primary object of

their charters was ~rvice t'O the public. Conse-

quently, when the charters were granted and these

roads were built a contract was Virtually entered

into by the owners of theS'e properties and the State

whereby the fiormer bound themselves to perform the

duties of common carriers for the public, and the

latter bound herself to protect them in the peace-

nble performance of those duties. Not one word

...

:...:......:.

..

......~........

. ...
.~

.::..::............:..:.

WJWNESDAY, JuNE 25, 1913.

"lr-:" o)l

was said in those charters giving the owners the right to suspend the operation of the roads to the detriment of public convenience, or giving the employees the same right. So long, therefore, as either of those companies attempts to perform the duty it assumed the State is under obligation to use extreme force, if necessary, to protect it in thus serving the public.
Furthermore, in the amended Railroad Commission law, as embodied in Sections 2663 and 2664 of the Code of Georg1a, the Railroad Commission is authorized to require all common carriers and other public service companies und'er its l"upervision "to establish and maintain such public service and 'fa- cilities as may be reasonable and just." Also, "to order and compel the operation of sufficient and proper passenger service when in its judgment inefficient or insufficient service is being rendered the public or any community."
Again, it has been very aptly said by one writing on the status of the State in relationship to the common carriers:
''The power to fix rates and charges for transportation is an attribute of sovereignty, because in operating a public highway a transportation corporation exercises the power of a sovereign. This power over public highways constructed for public use to accomodate public travel and secure public convenience is a matter of public concern and is absolutely essential to government.''
Hence, it necessarily follows that any person or combination of persons who obstructs, intimidates or otherwise prevents the operation of the common

JOURNAL OF THE SENATE,
carriers strikes a blow at the interests of the public and puts his or their will in conflict with the mandate of the sovereign.
There is no escape, therefore, from the conclusion that those employees of the street car company in Augusta and of the Georgia Railroad put themselves in a state of open rebellion to the laws of Georgia. They ignored the cardinal tenet of republican government, viz: ''There shall be equal rights to all, special privileges to. none," and arrogated to themselves the exercise of special privileges for settling their quarrels with their respective managements at the expense and serious inconvenience of the public, 41nd in a manner which embodied defiance of the law which requires all dwellers in the State having differences which they cannot peaceably adjust to snhmit them to the State's courts.
Again, their acts in leaving the service of the employing companies, and in virtually encouraging the formation of mobs to intimidate and personally assault those citizens whom these common carrier~ induced to take the places they had vacated, that the carriers might obey the law which created them, was logically a claim which can be expressed in these words: "This is your property, but it is my job on it. I and my partners, the union, will defend our mutual rights to exclusive ownership of the positions which we hold on your property. We will determine. for you whom you shall hire and whom you shall not hire, and what wages you shall pay. While H is true that we have not invested a dollar in this public service utility and you have invested millions in it,

WEDNESDAY, JuNE 25, 1913.

39

yet, we have vested rights in these positions, rights
which we have acquired by usurpation, and we will
h!old them, while defying the laws of the State and subjecting the public to serious inconvenience and
loss, even against you. On your property chartered
to serve the public we are supreme over you, su-
preme over the public, supreme over the law. The
union label carries more authority than does your
Great Seal of State.''
In considering the status of the public service cor-
porations and their employees, there is one factor
which can not be ignored. This is embodied in the
fullowing words found in the last annual report of
the Railroad O>mmission of Georgia :
"In 1908, the railroads operating in Georgia employed in Georgia, 34,809 persons ; in 1912, they employed 39,691.
''The wages paid these 39,691 employees in 1912 exceeded the wages paid the 34,809 employees in 1908, $5,771,104.93 more than in 1908. This, however, was to a larger number of employees. The individual wage scaleS' show that had the number of employees for 1912 been kept the same as in 1908, they are being paid $3,668,725.21 more than in 1908.
"In other words, the 34,809 employees in 1908 received $3,668,725.21 more in 1912, which is an average increase to each railroad empl1oyee in Georgia in 1912 over 1908 of more than $105 per annum.
''The Commission has taken ten trunk line roadR in the State, to-wit, the Southern, the Seaboard, the Atlantic Coast line, the Louisville & Nashville, the Georgia, Southern & Florida, the Georgia Railroad, the Atlanta &West Point, the Atlanta, Birmingham & Atlantic, the Central of Georgia, and the Western & Atlantic, and their wage accounts show that they

40

JOURNAL OF THE SENATE,

paid in 1912, to the same number of employees as in 1908, in wages, $2,604,794.90 more than in 1908.
''The individual wage .scale further shows that by far the largest increase in wages have been paid to employees belonging to labor unions, such as engi~ neers, firemen, eonductors, train hands, etc.''
In other WJOrds, while the average increase to each of the 34,809 employees in 1912 over 1908 was $105.00 per annum, the average increase to each member of a labor union was larger by far, in some instances, doubtless approximating $300.00 or more.
Hence, we are brought face to face with the fact that these unions, or combinations of employees, not only on public service corporations but, as is generally known, on practically all other oorporations have forced their wages up above those received by workmen in all other departments of life who have :Qot formed these aggressively militant combinations. Tens of thl()usands of other citizens Who are not in these unions, therefore, are confronted by the fact that the unions are levying a tax upon them to the extent that they are forcing from the employers an inequitable proportion of the wages paid to the gen~ eral classes in the State.
If the State not only authorizes these unions, or combinations, to exact higher wages than others receive, but also permits them by authority of law or by winking at their violations of it to hold up the general public and rob it of the facilities for trans~ portation, then she cannot claim the right to protect any farmer or other person employin? labor a~ainst his employees who might strike -and proclaim to him that nobody else should work his crop for him; that

WEDNESDAY, JuNE 25, 1913.

41

if he hired any other employees they would burn his dwe1ling and barns, and, if needs be, kill him and his new e~ployees to establish their supremacy over him and his property.
And if the State says to owners of railroads, factories, etc., : ''You shall pay tax on this property which you have created or bought, but another class shall control it. I hold you responsible for keeping it in condition for safely serving the public, but I al1ow them the privilege of wrecking it, or of depriving the public of the use of it,'' then how can she protect a farmer or any other citizen in the right to control his property?
The same courts established by the Oonstitution and composed of judges elected by the people and jurors chosen from the people are open to the members of labor unions on the s-ame guarantee of equality as they are to farmers and all other classes in the State, and no method of settlement of quarrels by labor unions which results in inconvenience and damage to the public should be tolerated.
Again, upon this point, it is generally understood that when the members of one of these unions stri~e against the employing company, the members of the same union on other companies are assessed to support the strikers until the strike is ended. If this be true the organization in question could assess its members one-tenth or one-fortieth of the amount and employ counsel to take the cause of controversy into court and could have justice secured Without damaging any of the interests of the public.

42

JouRNAL OF THE SENATE,

Or, if the strikers are not thus supported by their brother members, they could assess themselves a sum insignificant beside the gross amount of wages lost during the period of the strike and could have their case adjudicated in the courts without inflicting damage upon the unoffending public.
In either case they would go before judges and juries of their fellow citizens in precisely the same manner as every other one is required and compelled to do; and it is impossible for all other classes to concede that the members of labor unions have any preferential privileges suggesting, if not actually applying the process of anarchy when theythe masses-are required to submit to the prOcess of law.
The mere fact that the laborers on a public service utility or in a factory have more votes than the owners of these properties have, has no bearing on the legal status of the case. Justice is not measured by the number of votes any more than by the weight of dollars. Each party is under the law. Each is entitled to the protection of its own rights in courL Neither is entitled to interfere with the rights of the other either in court or out of court.
It should be further borne in mind in this connec-tion that it is primarily the poor people who are subjected to inconvenience and ~amage by the acte of strikers. In Augusta, for example, the rich could use their own conveyances or hire others for the purpose of coming into town and going out to their homes, but the poorer classes in some instances were

WEDNESDAY, JuNE 25, 1913.

43

compelled to walk two miles each way to reach their places of employment and to return home; whereas, had these striking employees of the street car company abstained from the unlawful acts they committed in preventing the operation of that public utility, these laborers in the humbler ranks of life could have come from and returned to their homes at trifling cost. And the poorer people at the stations on the Georgia Railroad were subjected, at many points, to great privations which the rich were able to protect themselves against.
Therefore, in such cases it is the striker, who, in his blind recklessness, puts his feet in the- bread tray of the poor man and interferes with or deprives
him of the right to live,-the cardinal rigiht of
humanity.
Summing up the status of a strike by employees on a public service corporation, we can not fail to know that there are more than two parties to such strikes. There is a third party, the public, which is subjected to unmerited and unnecessary inconvenience and loss. And above all, there is a fourth party, viz. : The State, whose Constitution the strikers have ignored and whose laws they have trampled under foot. Concerning this fourth, and greatest, party, I will add:
The crisis which a strike on a public service corporation brings upon the. masses of the people is not only a menace to their power to procure the
necessities of life, but is also a challenge to the very
sovereignty of the State in that it arrogates to itself

44

JouRNAL oF THE SENATE,

the power to prevent the railroads from performing the special funetions for which the State granted their charters, viz. : Those of being common carriers of persons and property.
There is no power in Georgia greater than the pow"er of the State herself, and that power holds mastery over and gives direction to every other power which she permits within her borders. She is supreme in potential activities, whenever she finds it needful to exert them. She exacts allegiance and will not divide it. She ordains one process for all, and holds any rival process as rebellion. She is no respecter of persons in the enforcement of her laws.
It is needless then to say that the State would not permit the management to shut down the operation of a street car line or a railroad. It is manifest, therefore, that the acts of the employees in pre>enting such operation is equally indefensible, equally condemnable, and that they should be just as inflexibly held aecountable to the laws of the State. No man, no combination of men, is greater than the .State and her laws.
I have stressed the views herein advanced because the object lessons given by the striking employees. of the street car company in Augusta and of the Georgia Railroad have been a practical service of notice by the labor union to the State of Georgia that its law within her borders is greater than her law; that the allegiance of its members to it is more binding than the allegiance they owe to her.

WEDNESDAY, JUNE 25, 1913.

45

The Executive Office has not made this issue; the State of Georgia has not made it. The labor union has openly and recklessly thrown down the gauntlet. The State, therefore, cannot shrink from her duty to her Constitution and her people.
It is a matter of current note that the power of the labor union to hurt the general public and to terrorize public men anxious to retain offices of honor and trust has been found in the fact that in several communities it votes solidly in blocks of scores or hundreds for those who cater to it and against those who refuse to bow to its demands; but I call your attention to the fact that, besides multitudes in the cities and towns whose interests are jeopardized by its exactions, there are uprwards of 200,000 voters in the rural portions of this State whose welfare can only be protected by. holding t.be members of the labor union to the same non-interference with the rights of others and lthe same accountability to law which they admit as governing themselves. They will certainly claim that the labor union men, individually and collectively, are no better and have no greater rights than they.
I will add that it is no answer at all to say that labor cannot get its rights in any other way than by a strike and boycott. The courts are as open to the labor union man as to the farmer, and there is not the slightest reason why the latter should be required to settle his difference in the State's way, which injures no third party, and that the labor union man be left free to damage everybody else . while settling his difference by a strike.

46

JouRNAL OF THE SENATE,

He, therefore, who would remain in public life would do well to merit the approval of those myriads of law-abiding and peace-loving citizens beside ~hose numbers the lab~ union's is a trifle.
Finally on this subject, I will observe that the trend of the laws of the present day is to the suppression of combinations, generally styled trusts, organized for the restraint of trade. These trusts are condemned by law because they endeavor to force from business all competitors save those in their guild and to exact out of the people unduly high prices for products they handle. Yet, while it is a matter of public note that the labor trust is the most widespread and aggressively exacting trust in America, politicians pander to it, statesmen stand in awe of it, and the public seems helpless in its grasp. Wh~r? Because i~ votes in blocks of thousands in almost every <State in the Union. It is composed of allied organizations which stand as one man against all other elements of society. Recent events have shown that some of the leaders of one of these organizations have been sentenced by a United States Court to imprisonment for crimes of violence against those who did not yield to their exactions, and the members have bailed them out and re-elected them to high offices in the organization. Such a development is appalling to every lover of law. Yet it is an object lesson which tells more vividly than words that the labor union holds itself as being higher than the law.
The labor unions have but a small minority of the people of Georgia, yet, by combinations which work.

WEDNESDAY, JUNE 25, 1913.

47

through strikes and kindred methods, they are aggressively levying a toll upon all the other elements of our citizenship. In other words, they have organized a trust and demand that all other people buy labor at whatever price they choose to put upon itand that price is higher than other workmen in like occupations receive and higher by far than the people have ever paid before. And contemporaneously, they are endeavoring to force from employment all similar workmen who do not join their orders. To attempt, as non-union men, to compete with them as laborers means to be treated with open contumely, attended sometimes by personal violence. To hire non-union men means for employers to be boycotted and not infrequently to suffer serious damage to their property.
Therefore, as the labor unions have combined against all other classes in their determination to defeat the equality of opportunity assured by the laws of the State, the necessity is forced upon all .other classes to stand together in the refusal to concede to the unions the preferential privileges they are endeavoring to exact for- themselves alone. And, as the unions have their pass-words, the password of ail other citizens should be: ''The Law.''
It is not improper here for me to declare that not all of the members of the labor unions are Wilful violators of law. A very large percentage of them love their State and would not knowingly do any one an injustice. Yet they are the victims of a system which is breeding anarchy, which bas already

48

JouRNAL OF THE SENATE,

put the State's Constitution in contempt, which has relentlessly wronged hundreds of thousands of their fellow citizens who have not offended them, which, in plain words, has applied lynch law methods to millions of dollars worth of property. I pass no harsh criticism on them, but every person who reverences the law must condemn the reckless disregard. of the rights of the public which has characterized their leaders. And the State must, with unmistakable clearness, not only condemn these acts, but must force the doers of them as clearly, to know that she will not suffer such occurrences to be repeated.
It is a cardinal principle of civilization that lawabiding people shall be protected in the enjoyments of life, liberty and the pursuit of happiness. The State does not interfere with her orderly citizens in the possession of these rights, and it is the intent of her Constitution that no one within her borders shall be permitted so to interfere.
I have no more interest in this matter than has any other average citizen of Georgia; but, as her . Chief Executive, whose duty to obey her laws by enforcing them is supreme over every ambition and . personal interest, I have noted the recurring instances of open contempt of her Constitution, of inconvenience and damage recklessly inflicted upon multitudes of her citizens by one class, and of brutal assaults upon working men who were engaged in obeying her laws and serving the people by operating the public ptilities which she had chartered and whose operation she had OOlllPlanded, and I would

WEDNESDAY, JUNE 25, 1913.

49

be unworthy of the confidence with which the electorate has honored me should I fail to lay these fa~ts before you and call upon you to enact such statutes as will force all classes and all individuals to equal alle~an~e to the State, and equal obedience to her laws. Upwards of two millions of people in Georgia will look with no patience upon the continuance of a condition which leaves their basic rights in life at the mercy of the star chamber of the labor union.
Under the conditions I have portrayed it has been made the duty of the State, therefore, to protect her citizens from such unlawful happenings in the future. Compulsory arbitration should be required by law, and neither the management nor the employees of a public service corporation should under any circumstances be permitted to paralyze or otherwise interfere with the powers of the public for the transportation of persons and property, or for any other service for which the corporation was chartered.
I, therefore, respectfully impress upon you the importance of enacting such laws at your present session to the end that the masses of the people ,shall not again suffer from the acts of any who, for their own selfish interest, would impede commerce, travel or. other public need or convenience. And the same law should govern every factory wherein capital and labor come into conflict.
I also respectfully suggest that you amend Section 2664 of the Code of Georgia by requiting the

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JouRNAL oF THE SENATE,

Railroad Commission to promptly advise the Governor of the stoppage of performance of the duties for which it was chartered by any public service corporation when combinations of persons unlawfully prevent its operation, thus damaging the interests of the public, and that he thereupon issue a proclamation requiring the sheriffs of all counties in which said public service corporation's working property lies to summon posse comitatus to. protect said corporation in the performance of its chartered duties ; and that, in the event the resistance to law by disorderly parties be too great for the civil authorities in any county or counties to overcome, the judge or judges, sheriff or sheriffs shall promptly notify the Governor, who shall thereupon use the militia, or such portions of it as may be needed, to enforce the .State's laws which require the operation of said public service corporation or corporations for the welfare of the people.
I also respectfully suggest that you enact a law authorizing the Governor to suspend a sheriff whenever he finds it proven that said sheriff has wilfully failed to do his duty in protecting the people of his county against acts of lawbreakers, and to appoint a sheriff to serve until after a new sheriff is chosen by the people at the next regular election. Such a law prevails in several other States, and that it is needed in Georgia was proven in at least one glaring instance during the period of the strike on the Georg-ia Railroad last year.
It should be furthermore provided that a sheriff thus removed shall not be eligible for election to

.WEDNESDAY, JUNE 25, 1913.

51

any office in the county of his residence until at least two years after he has been thus removed by the Governor.

LAws REGULATING THE UsE OF THE MILITIA.
The Constitution of Georgia, At-ticle 10, Section 1, says:
''A well regulated Militia being essential to the pea-ce and security of the State, the General Assembly shall have authority to provide by law how the Militia of this State shall be organized, officered, trained, armed, and equipped; and of whom it shall consist.''
The words ''essential to the peace and security of the .State,'' are proof that the makers of this Constitution, which we have taken an oath to execute, deemed that there were likely to come crises in which the civil authorities would not be able to maintain peace and protect life and property. The genius, the very soul, of that Constitution is democracy, yet its every paragraph proves that it is a selfbridled democracy. Its provisions leave every lawabiding citizen fullest liberty for exerting his powers in any legitimate occupation, but places a constant curb on crime, with penalties to be applied to every one who will interfere with the rights of those who obey it. The great minds which made it realized that attempts to supplant or dethrone the law ]Ilust not be temporized with, but must be promptly met by trained force which would maintain pr~tection to the people through the supremacy and majesty of the law.

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JouRNAL OF THE SENATE,

Hence, they have clothed your honorable bodies with the authority above indicated and by plain in~ ference have made the same your duty.
Therefore, if the use of the militia of the State be "militarism" it is clear that the Constitution cr~ ates "militarism" and ordains that such shall be the instrument of its enforcement when lR~wless elements in any community, contending only with the civil authorities, set that Constitution and the ~statutes at defiance and imperil the lives and property of the people. The same Constitution declares that "protection to person and property is the para~ mount duty of government and shall be impartial and complete." This is but an amplification of the ancient maxim: "The safety of the people is the supreme law.''
And we must not ignore the fact that on her Great Seal of State, amid the columns, "Wisdom, Justice and Moderation'' which uphold the arch of the Constitution, Georgia presents to the world's view the figure of a soldier holding a drawn sword, thus symbolizing the fact that inside the very temple of peace she holds the type of martial power, power loyal and ever ready to protect that Constitution and the peace which it commands.
During the past summer and fall, the use of the military was called for, in the manner prescribed by law,j;o protect the public against lawlessness resulting from the strike by street car employees in Augusta; and also from ttbreaitened attempts to prevent the process of the State's laws in Cumming, Georgia.

.WEDNESDAY, JUNE 25, 1913.

53

It was a deplorable fact that in Augusta three " persons put themselves in insubordination to the military law, one, if not two, of them in an open and defiant manner intended to lead to destruction, by a mob, of property in custody of soldiery placed by the State to guard it; hence, were killed in the exercise of their unlawful acts. No one except these can be blamed for their deaths. Deeds done in defiance of the military law must necessarily meet penalties just as deeds done against the civil laws must meet the same. It is well known that extreme acts of violation of the civil laws have for their penalty death, and this, when dire nef'Psity comes, the State inflicts.
It can not be admitted, therefore, that when lawless parties, by threats of incendiarism and personal violence, terrorize a community and prevent the civil authorities from enforcing the laws, and the military is called out, that the latter should be instructed to refrain from rigorous measures, even from the infliction of death, for the protection of the peaceable and law-abiding members of the community. The Constitution manifestly does not intend that the militia shall be used simply as a bluff. Such uS"e would put the Constitution itself in contempt and absolutely invite anarchy. The very word "militia" carries with it the knowledge that its weapons are guns and other means of destroying life if extreme necessity for securing impartial and complete protection for the law-abiding S'O demands.
We must not overlook the fact that the Constitution provides that the sheriff of any county may sum-

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JOURNAL OF THE SENATE,

mon posse comitatus when the elements of violence threaten to subvert the law in his county. But the militia is the State's posse comitatus, to be used when the sheriff's posse comitatus is too weak to protect the peace and good name of the State. If then the posse comitatus of the Sheriff of Richmond County had have killed the three men befort:l referred to, in Augusta, no law-loving citizen would have condemned it. There is, therefore, absolutely no reason for condemning the State's militia for a like defense of the State's authority. No man must give a dare to the State.
As to the trial by a military court of the officers and men concerned in the killing in Augusta of the three men who by their deeds defied the militia whom the State had put in charge of the city, for the preservati'On of life and property, I will say that the State has both the legal and the moral right to fix whatever process she deems appropriate. In some of her civil courts she requires trial by jury, in others juries are omitted. In municipal courts persons are deprived of liberty without the verdicts of juries. She, therefure, ordains such court procedure as she deems fitting to the crime, the local conditions or the emergency.
In her law governing the case under review she did not choose to fix a status, half fish and half fowl, to adjudicate in a civil court acts done under military government which the civil authorities had requested to supercede their own. Here was n() usurpation of the rights of a free people; they made the status themselves. There was no degredation of their

WEDNESDAY, JUNE 25, 1913.

55

manhood.. That manhood is as upright and as self~ respecting in decreeing the temporary supremacy of the military to stamp out anarchy as it is in times of peace when the civil process is properly the only authority. The suppression of anarchy is the right and duty of a free, law~loving people, and there come times when t.hey must shoot it to death just as they shoot down foreign invaders.
And no specious pleas by enemies of law and no theoretical treatises by alarmed sentimentalists should weigh against the logical process which law, in times of peril, must take to ensure its supremacy over the hydra of anarchy. And, while I hold in high honor the patriotic devotion of some of our best citizens who have deemed the use of the military as a menace to the security of our institutions, yet I must say :firmly that the man at headquarters, who, the Constitution declares, shall be a conservator of the peace throughout the State, and the man on the scene of dang~r, are better :fitted to judge whether the soldiery is needed to protect life and property, as is provided by the Constitution and the statutes, than can be any people living many miles from the zone of peril.
Now, as to the personnel of the militia, I call your attention to the fact that_its members are not foreigners or hirelings. They are not the Governor's soldiers, organized by his order to display his power;, they are your soldiers, by the mandate of your .Con~ stitution1 organized to protect your homes, your lives, your civilization. They are your own flesh and blood, your sons or brothers. who, thrusting not them-

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selves into the arena of danger, but called thither by the operation of your statutes, leave their occupations, sometimes losing their present income, and submit to inconvenience, endure privations, and stand ready to sacrifice even life itself to shield you and to uphold the dignity of your laws.
Instead, therefore, of being held as a. thing apart, the Constitution makes them an integral factor of your government; instead of being an excrescence, they are your strong arm never to be exerted save when your other elements of strength are inadequate or helpless, then, with the force of a thunderbolt.
And in their patriotic willingness to lay down even life itself to protect you and your laws, they embody the words of our Divine Lord: ''Greater love hath no man than this', that a man lay down his life for his friend." (John 15-13.) And should any of them lose lives in the service for which your very Constitution has ordained their organization, they merit the paraphrMe of the simple, yet sublime, epitaph which his countrymen placed over Leonidas and the Spartan band who fell at Thermopylae in defense of their country, viz: "Go, stranger, tell it in Lacedaemon that we died in obedience to her laws.''
Let me say, therefore, that Georgia's name should be the synonym of good faith; that wlhen she guarantees impartial and complete protection she must make her. guarantee good; that the uniform of a soldier who unselfishly leaves' home comforts and hazards ~s life for the protection of the laws of the State and the lives of her people is a badge of honor. And a ~ty year old youth, standing in uniform

WEDNESDAY, JuNE 25, 1913.

57

with gun in band 'for the protection of the law, is more to be honored than are ten thousand men who directly or indirectly lift bands for anarchy, class preference, or class tyranny, for that youth represents not militarism in its formal sense, but he is the ultimate resort of the Jaw.
The present law _prescribing the manner of using the militia of the State was passed unanimously by the Senate and almost unanimously by the House of Representatives. Both factions united in enacting it after considering it for more than a year. Undoubtedly a potent factor in securing the enactment of the law was the knowledge that, while many good people are moving into Georgia, yet there are also elements with practices and views widely at variance with these adhered to by our native population. Consequently we must assume that it is the judgment of a vast majority of the people of Georgia that the military must be used as military when emergencies demand. The General Assembly, therefore, does not have to apologize for making this law; and the Governor does not have to apologize for ordering its enforcement. And the militia does not have to apologize for obeying the order the Governor transmitted to it. Each performed a high duty which the people for their protection bad ordained.
Some of the happenings in Georgia during the present year have tr-ended inevitably toward bringing Y'our Constitution into contempt. It is for you, therefore, to say whether you are going to surrender this State to anarchy or whether you are going to preserve it for law. It is for you to say whether you

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are going to allow one class, with less than 30,000 IIlembers, preferential privileges to the detriment and danger of the remainder of the public with upwards of 330,000 voters or whether you will enforce your process against all law-breakers alike. It is for you to say whether you will allow barns to be burned, residences dynamited and people driven from their homes, thus destroying property valuations and depriving certain counties of needed laborers; and whether you wi1l allow mobs to foree sheriffs and jailers, before the muzzles of guns, to surrender prisoners in the State's. custody, who are then taken out and unlawful1y killed. It is for you to say whether you will allow the statutes you enact to be made a mockery or whether all men in all classes shall obey them in the same manner. You have the power to enact laws which will control every Rituation I have portrayed.
Yet, I am in the line of duty and self-respect when I say: Do not make it the Governor's duty to enforce a law and then condemn him for doing it. Any Governor, true to his oath, will enforce it regardless of condemna,tion. And do not, even by inference, command a militiaman, a sheriff or other agent of the State to imperil his life and possibly lose it, to protect your lives and property and. uphold the dignity of your Constitution, and then fire into his hack from the State House whence his orders came. Do not enact laws which you intend shaJI not be enforced, or which you would allow to be tumpered with. There is no middle ground between law and anarchy.

WEDNESDAY, JUNE 25, 1913.

59

The people of Georgia are jealous of their liberties, but they are not going to suffer their statutes defeated and their Constitution made contemptible under the false plea of liberty. That license which styles itself liberty, which would subordinate the .rights of the public to the selfish interests of classes or which would substitute the process of anarchy for the process of law, has no place in any State inhabited by freemen. True liberty sits side by side with the enthroned law.
CoNcLusiON. In conclusion, allow me to urge upon you thoughtful care in the enactment of statutes for the public welfare. The laws of Georgia should be deliberately fratmed and so broad and just as to be graven on the very hearts of her people; they should inspire confidence and willing loyalty which would make it the proudest boast to say: ''I too am a Georgian!'' And the authority of the State and of her municipalities should be so reverenced that a sheriff's badge and a policeman's club would command as great respect as does the baton of a marshal of France.
Respectfully submitted,

Governor.

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JovRNAL OF THE SENATE,

EXHIBIT A.
Report of pardons, commutations, paroles and respites granted since the last report to the Legislature.

PARDONS.

H. W. NALLY; Paulding Superior Court; forgery; sentenced as for a misdemeanor; disabilities removed July 10, 1912, on the ground that the offense of which he was convicted was largely of a technical nature.

FRANK HAMES; City Court of Morgan County; simple larceny; disabilities removed July 15, 1912, as the offense was a technical one and did not show moral turpitude.

MILTON THOMAS; Superior Court of Fulten County; burglary; pardoned September 9, 1912, as new evidence was presented making it clear that he had been wrongfully convicted and was innocent of the crime charged.

GEoRGE F. GERDING; vagrancy; City Court of Fulton County; pardoned February 7, 1913, as it was established that he was not guilty of the offense c4arged, being a strang~r here in search of medical treatment.

CARL DAVIs; Superior Court of Haralson Couitty;

burglary; disabilities removed February 18, 1913,

after he had cant being a

served youth.

sentence

with

good

recolrd,"appli-

WEDNESDAY, JuNE 25, 1913.

61

JOHN QuiNN; City Court of Macon County; stealing ride on railroad train; pardoned March 18, 1913, because it was shown that he was an escape from the State Lunatic Asylum of Mississippi, pardon being granted on condition that he be returned to the institution.

pARDONS GRANTED AS PER TERMS OF THE pAROLE LAw.
(NoTE.-The following ca:ses have previously been reported in detail as paroles, pardop orders being promulgated in compliance with the statutes under which they were paroled by Gov. Brown in 1910-11, Gov. Smith in 1911 and Acting Governor Slaton in 1911-12).
ToM GASTON; Butts County; manslaughter; pardoned May 2, 1913.
All following were pardoned .June 18, 1913:
HENRY JINKS; Appling County; murder. ToM RHINEHART; Baldwin County; murder. DAN TucKER; Merriwether County; murder. MATT GRIER; Jasper County; murder. JULIUS ALLAGOOD; Telfair County; manslaughter. HENRY FisH; Miller County; manslaughter. ANDREW BAKER; Chatham County; murder. GREEN GIFFY; Pike County; murder. WYATT BowLm;; Muscogee County; burglary. BERT BYRON; Dooly County; manslaughter. FRANK WILLIAMS; Dooly County; murder. JoHN SIMMONS; Monroe County; murder. STEPHEN CusTER; Gordon County i murder.

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JouRNAL oF THE SENATE,

JULIA ANDERSON; Tattnall County; murder. En STEPHENSON; Henry County; murder. SusiE DRAYTON; Worth County; murde_!. ToNY HIGHTOWER; Pike County; robbery. TOE HALL; Macon County; murder. JAMES GRAHAM; Bulloch County; murder. FosTER BRooKs; Catoosa County; murder. ToM WEEKs; Emanuel County; murder. JAMEs FosTER; Early County; murder. ALAMORE WILLIAMS; Emanuel County; murder. WILL ARENDALE; Fulton County; robbery. CocHRAN MuRRAY; Pike County; robbery. CHARLEY BLACKMAN; Tattnall County; murder. HENRY HoDGEs; Effingham County; murder. OscAR LoTT; Hall County; forgery. CLINTON SMITH; Pulaski County; murder. CHARLEs SIMON; Fulton County; murder. TIM DANIELS; Jasper County; murder. WILSON P A"UL; Macon County; murder. ALEXANDER FAVORs; Pike County; murder. ELIZA HILL; Montgomery -County; manslaughter. ALFRED ALLEN; Gwinnett County; robbery. JOHN RILEY; Taylor County; manslaughter. LILLIE YARBROUGH; Fulton County; manslaughter. Lucms GuTHRIE; Cobb County; attempt to murder. Russ HARRISON; Hall County; manslaughter.
GuY VEAL; Carroll County; mansl,aughter.
PAROLES.
BELLE WILLOUGHBY; Superior Court of Putnam County, September term, 1910; manslaughter; three years; paroled July 15, 1912, for statutory reasons.

WEDNESDAY, JUNE 25, 1913.

63

En WAI..KER; Superior Court Emanuel County, Fall -term, 1897; murder; life sentence; paroled September 2. 19\2; statutory reasons.
BEN .JoNES; Superior Court of Randolph County; .June term, 1891; murder; life sentence; paroled September 2, 1912, for statutory rea.sons and as a reward for saving warden's life during mutiny in .eonvict camp.
E. E. WILI..IAMs; Superior Court of Cherokee County, August term, 1910; bigamy; three years; paroled on recommendation of prosecutors and court <>fficials, it being evident that the offense WaJS committed out of ignorance.
PINKIE FosTER; Superior Court Floyd County, Fall term, 1903; manslaughter; fifteen years; paroled September 9, 1912, for statutory reasons and extenuating circumstances connected with the crime.
JOHN ANTHONY; Superior Court of Hancock County; Mareh term, 1908; burglary; twelve yeal'ls; paroled September 9, 1912, for statutory reasons :and doubt as to whether he should have been convicted of the crime..
MARY FoRTSON; Superior Court Fulton County, May term 1910; manslaughter; five years; paroled September 9, 1912, for statutory reasons and ex-tenuating circumstances connected with the crime.
ToM BELL; Superior Court Taylor County, May term, 1911; manslaughter; two years; paroled September 9, 1912, for statutory reasons and the recom-

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JouRNAL OF THE SENATE,

mendation of the Judge who expressed some doubt as to whether be should have been convicted.
JERRY HoLMEs; Superior Court of. Chatham County, Spring term, 1896; murder; life imprisonment; paroled October 10, 1912, for statutory reasons and evidence indicating that a verdict for manslaughter would have been proper.
HENRY EvANs; Superior Court of Fulton County,. ,January term, 1901; murder; life imprisonment;paroled October 14, 1912, for statutory reasons, his' youth, and extenuating circumstances.
JuLE RENFROE; Superior Court of Lowndes County, May term, 1910; assault with intent to murder; eight years; paroled October 21, 1912, for statutory reasons and developments indicating circumstances extenuating the offense.
WILL BASKIN AND WILL KNIGHT; Superior Court of l!,ulton County, 'Spring term, 1911; burglary; fiveyears; paroled October 29, 11912, for statutory reasons and because of the youth of applicant!!..
JOHN RoBERSON; Superior Court .of W asbington County, September term, 1901; murder; life imprisonment; paroled October 31, Hl12, for statutory reasons, and doubt as to his guilt.
BILL LuNDY; Superior Court of Screven County,. Novemher term, 1901 ; murder; life imprisonment; paroled October 31, 1912, for statutory reasons and strong moral circumstances extenuating the. crime.
JAcK BELL; Superior Court of Jackson County,. .August term, 1909; burglary; paroled November 5,

WEDNESDAY, JuNE 25, 1913.

65

1912, for statutory reasons and the recommendation of the court officials, including the Judge, who stated that the sentence was probably too long.
T. P. JoLLY; Superior Court Brooks Comity, May term, 1911; larceny; two years; paroled November 30, 1912, for statutory reasons, being a young man and the offense not particularly atrocious.
JAMES BRucE; Superior Court of Pickens County, April term, 1910; robbery; fiv~ years; paroled November 20, 1912, for statutory reasons and the fact that the offense was not such as would class him as a confirmed criminal.
W. G. CARTER; Superior Court of Polk County, August term, 1906; manslaughter; ten years; paroled December 12, 1912, for statutory reasons, and on the recommendation of all the court officials, who declared that in their opinion he had been sufficiently punished.
ANNIE WooTEN; Superior Court of Fulton County, Spring term, 1893; murder; life imprisonment; paroled December Hi, 1912, for statutory reasons, and because she had served nearly twenty years, the offense not being one of extreme character.
MITT HAMMOND; Superior Court of Decatur .County, June term, 1898; murder; life imprisonment; paroled December 16~ 1912, 'for ~tatutory reasons, and beeause the crime committed was not of extreme character and as reward for aiding in stopping a serious mutip.y in the camp where he was confined.

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JOURNAL OF THE SENAT~,

RoBERT BAKER; Superior Court of Mcintosh County, October term, 1892; murder; life imprisonment; paroled December 16, 1912, for statutory reasons, long and faithful service being to h~s credit, having been seriously injured while working in the coal mines.
FoRT McELvoY; Superior Court of Muscogee County, Novem'ber term, 1910; larceny; four years; paroled December 30, 1912, for statutory reasons and on the recommendation of the Judge and other court officials who stated that he was a youth of low mentality.
GEORGE BAILEY; Superior Court of Richmond County, October term, 1908; attempt to murder; paroled December 23, 1912, for 'Statutory reasons and because he had served two sentences from other courts for what was in reality only one offense.

CHARLES SuTTON; Superior Court of Fulton County, January term, 1911; four years and two years (2 cases); robbery; paroled December 23, 1912, for statutory reasons, being a youth of only 20 years old and living in another State.

JOHN ADAMS; ::Supenor Court of Whitfield Count) April term, 1911 ; burglary; three years ; paroled December 30, 1912, for statutory reasons, being a young man who probably was influenced by older persons.

WALTER H. MooNEY; Superior Court of Fulton County, April term, 1907; burglary; eight years;

WEDNESDAY, JUNE 25, 1913.

67

paroled January 10, 1913, for statutory reasons and because the record did not show a peculiarly atrocious crime.
A. Y. CHASTAIN; Superior Court of Grady County, September term, 1910; assault with intent to commit murder; three years; paroled January 13, 1913, for 1statutory reasons, and because new developments indicated a measure of moral justification for the offense.
JOE TENNYSON; Superior Court of Emanuel County, October term, 1892; murder; life imprisonment; paroled January 14, 1913, for statutory reasons, affidavits being submitted to the effect that the killing was accidental.
Jr:M WILLIAMS; Superior Court of Stephens County, May term, 1909; burglary; ten years; paroled March 8, 1913, for statutory reasons and because it was made clearly evident that the sentence was excessive.
JoHN HENRY HILL; Superior Court of Decatur County, May term, 1913 ;- burglary (3 cases) ; eighteen years in the penitentiary; paroled April 15, 1913, for statutory reasons, and because it was clear that the combined sentences were excessive.
Doss KNrcKs; 8uperior Court of Murray County,February term, 1912; larceny; two years; paroled ..April17, 1913, for statutory reasons, applicant being
a youth who had been promised leniency if he as~
sisted in recovering the stolen property which be did.

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JouRNAL OF THE SENATE,

CHARLES V. GoNzALES; Superior Court of Fulton County, September term, 1910; burglary; ten years; paroled April 17, 1913, for statutory reasons and because it was shown that the penalty was out of proportion to the offense committed.

MARTHA WOOTEN; Superior Court of Rabun County, August term, 1911; manslaughter; four years; paroled June 7, 1913, for statutory reasons, and because strong mitigating circumstances were shown.

CLARENCE RICHARDSON; Superior Court of Early County, October term, 1909; manslaughter; four years; paroled June 7, 1913, for statutory reasons, he being a young man and strong mitigating circumstances being shown.

EARL OvERBY; Superior Court of Bibb County, May term, 1911; larceny; five years; paroled June 12, 1913, for statutory reasons applicant having been only sixteen or seventeen years old at the time of the crime and of good family who promised to take and look after him.

CoMMUTATIONs.
WEBB GIBSON; Superior Court of Early County, October term, 1911; murder; death sentence; commuted to imprisonment in the penitentiary for life, July 11, 1912, eviden~ which was not presented to the jury showing that the murder was not of such character as demanded the extreme penalty.

wEDNESDAY, JUNE 25, 1913.

69

MARTHA THOMAs; Superior Court of Early County, January term, 1912; selling liquor; twelve months on the chaingang, three months in jail or $100.00 fine; sentence commuted July 9, 1912, to present service and fine of $100.00, it being shown t"hat there was some douht as to her guilt and that the sentence evidently was ex-ceStSive.
HENRY LEWIS; Superior Court of vVilkes County, November term, 1908 ; simple larceny ; one year on the chaingang; commuted July 10, 1912, to fine of $150.00, on recommendation of Judge and Solicitor General.
ABNER D. McMILLAN; City Court of Fulton County, February term, 1912; gaming; commuted July 10, 1012, from fine of $100.00 or twelve months to fine of $35.00, applicant having served nearly six months.
RICHARD ALLEN; Superior Court of Coweta County; sentenced to State Reformatory; sentence commuted August 6, 1912, to present service, in order that his mother might take him to Chicago where she had gone to live.
STANLEY AYLOR; Superior Court of Houston County, April term, 1912; shooting at another; six months or $100.00 fine; commuted to present service August 13, 1912, on statements from the Judge of the City Court and the Solicitor General that punishment had been adequate.
ANDERSoN GooLSBY; City Court of Ocilla, December term, 1911 ; drunk on highway; twelve months ; commuted September 2, 1912, to fine of $50.00, on

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JouRNAL OF THE SENATE,

recommendation of the Judge and Solicitor and other court officials.
WILL JoNEs; Superior Court of Baker County, Spring term, 1911 ; larceny; two years ; commuted September 2, 1912, on recommendation of court officials and as recognition of heroic act in saving a white woman from death in a runaway on a road where he was working.
WARREN HARDwiCK; City Court of Dooly County, Fall term, 1911; twenty-four months (two cases); commuted September 2, 1912, on statement of Judge that he had imposed the heavy penalty on information he later found to be false.
W. T. ALLEN; Superior Court of Henry County, October term, 1911; twelve months; commuted September 2, 1912, to present service on recommendation of Judge and because of applicant's advanced age and feeble condition.
.BEN MosEs; Superior Court of Baldwin County, July term, 1911; burglary; twelve months; commuted September 4, 1912, to present service on the statement of the Solicitor General to the effect that he had agreed for a fine to be imposed when applicant pleaded guilty to the charge.
CLAuD QuARLES; Superior Court of Cobb County,. November term, 1911; larceny; :five year.s; commuted September 6, 1912, on reeommendation of prosecutor and court officials who said it had been understood that boy would be sent to the State Reformatory but had been put on gang.

WEDNESDAY, JuNE 25, 1913.
J. W. BoLTON; Superior Court Decatur County, May term, 1911; violating prohibition law; two years or $100.00 fine (two cases); sentences commute<I September 9, 1912, to present service, as he had served more than one year and the court officials declared this to be adequate punishment, applicant being an old man with a blind wife to support.
Lou LYON; SU)perior Court Pike County, Fa.U term, 1911; violating prohib~tion law; twelve months and six months (two cases); commuted September 9, 1912, on recommendation of Judge and Solicitor, applicant being an old negro woman.
ALBET H. WHITMAN; City Court of Fulton County, June term, 1912; vagrancy; two months in jail and six months on the chaingang; commuted September 9, 1912, on recommendation of court officiaLs who stated that he had been sent to prison to be cured of the drug habit, which end had been accomplished.
J. E. STEPHENS; Superior Court of Chatham County, February term, 1905; burglary; ten years in the Penitentiary; commuted to present service September 9, 1912, on the ground that he had been adequately punished, others connected with the crime having been extended clemency.
JOHNSON WEBB; Superior Court of Early County, October term, 1911; murder; death sentence; commuted September 19, 1912, to life imprisonment in the Penitentiary on the ground of extenuating circumstances which had not been before the jury and the recommendation of the Solicitor General and county officers.

7:2

JouRNAL OF THE SENATE,

L. J. PoE; City Court of Fulton County, October term, 1912; impersonating an officer; $100.00 fine or 12 months on chaingang; commuted October 3, 1912, those responsible for the case being made certifying that the prosecution should not have been brought.
JEsSE BARNES; City Court of Houston County1 June term, 1912; violating prohibition law; commuted October 5, 1912, from 12 months or two months and a fine of $125.00 to a fine of $30.00, it being alleged that he pleaded guilty on the understanding that he would be let off for a fine his employer could pay.
MAunE ToLBERT; City Court of Fulton County; fornication and adultery sentence commuted on the appeal of the Judge because, she being a young white woman, there was no proper place for her to serve the sentence, October 4, 1912.

CHARLES GIBBONS; Superior Court of Jefferson County, November term, 1911; murder; death penalty; commuted to imprisonme.nt in the Penitentiary for life, July 17, 1912, as it Wa'S shown that there was considerable doubt as to his guilt, and, besides, if guilty, the crime was not of such extreme character as customarily calls for the death penalty.
EARL KADEBLY; City Court of Fulton County, June term, 1912; vagrancy; eight months; commuted October 7, 1912, to be effective October 28, 1912, to present service, because of his youth and the desire of his brother~in-law to take him to South America to live.

WEDNESDAY, JUNE 25, 1913.
ED DANIEL; City Court of Cordele, February term, 1911; gaming, larceny and violation of the prohibition law; twelve months, $100.00 fine, or twelve months and $50.00 fine or three months; commuted October 8, 1912, to present service, on the ground that he had been adequately punished, having served on the gang for more than a year and a half.
JULY BRowN; City Court of Pulaski County, May term, 1912; violating contract labor law; ten months; .commuted October 11, 1912, to present service, on the recommendation of the prosecutor, Solicitor and .Judge.
HILL BANKS; City Court of Carroll County, June term, 1912; violating prohibition law; twelve months; .commuted October 11, 1912, to fine of $75.00, because of his youth and wife and children to support and extenuating circumstances.
L. C. AvERY; Superior Court of Cobb County, 1912; twelve months; commuted October 11, 1912, to fine of $150.00; being an aged man and there being some doubt as to the evidence on which he was convicted. Violated prohibition law.
Lumus SMITH; Superior Court of Paulding County, February term, 1904; murder; life imprisonment; oommuted October 14, 1912, to present service, on the earnest plea of Hon. W. K. Fielder, who as Solicitor General prosecuted the case, on the ground that Jt~>plicant should have been convicted of manslaughter.

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JouRNAL OF THE SENATE,

G. E. CRAwFoRD; Superior Court of Fannin County, October term, 1906; murder; life imprisonmnt; com-
muted October 15, 1912, to present service, on account of his age, doubt as to his guilt, extenuating circumstances and the recommendation of county offi,cers and court officials.

G. F. BALMER; Superior Court Chatham County; embezzlement; three years; commuted October 29, 1912, on recommendation of prosecutors, and because of extenuating circumstances.

RoE PmKLE; Superior Court of Hall County, January term, 1912; robbery; five years; commuted October 29, 1912, to one year and fine of $150.00 on recommendation of prosecutor who said that, owing to Pirkle's help in convicting others involved with him, sentence was excessive.

Jun HoLLIS; Superior Court of Bibb County, May term, 1910; robbery; four years; commuted November 6, 1912, to present service on recommendation of Judge 'and Solicitor General who declared he had been adequately punished.

HATTIE JOHNSON; City Court of Washington, Fall term, 1912 ; larceny; twelve months; commuted November 7, 1912, beca11.se .she was the only woman on the Wilkes County chaingang and it was represented that she was soon to be a mother.
LuKE DYER; City Court of Athens, April term,

1911; larceny; twelve months; commuted November 7, 1912, to present service on recommendation of

WEDNESDAY1 JuNE 25, 1913.

75

county commissioners, who said applicant was in the last stages of tuberculosis and a menace to the other prisoners.

W. H. A. NESBIT; City Court of Waycross, October term, 1912; selling toy balloons without a license; commuted November 13, 1912, on reoommendation of court officials, who made it clear that applicant was ignorant of the law he violated.
HuGH K. NisBET; City Court of Atlanta, July term, 1912 ; vagrancy; eight months; commuted to present service November 20, 1912, on recommendation of the court officials who said he had been sent to prison to become cured of the drug habit, which had been accomplished.

REBECCA RoBINSON; City Court of Chatham County, May term, 1912; assault and battery; nine months;' oommuted December 12, 1912, because of her youth and recommendation of court officials.

G. W. McCoRMICK; Superior Court of Mitchell County, August term, 1912; keeping whiskey in public place; thirty days in jail or $200.00 fine; commuted December 18, 1912, to present service, on recoonmendation of the Judge applicant having served two sentences in other cases, the three being imposed at the same time.

W. H. NuNNALLY; City Oourt of Atlanta, Spring term, 1912; vagrancy; eight months; commuted December 19, 1912, on recommendation of court officials w:ho stated that applicant had been sent to

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JOURNAL OF THE SENATE,

prison so he might be cured of the drug habit which had been accomplished.
DocK CROSBY; Superior Court of Fulton County, April term, 1903; murder; life imprisonment; commuted December 23, 1912, on recommendation of court officials which recommendation was based on new developments showing that applicant should have been convicted at best of manslaughter.
JOHN BANKS; City Court of Americus, November term 1912; gaming; $50.00 fine or twelve months; commuted January 17, 1913, to $50.00 fine, it being held that after he accepted the chaingang penalty friends he had been unable to communicate with in time could not pay the fine except by order of this office.
Sm SMITH; City Court of Monroe County, July term, 1912; gaming; twelve months; commuted ,January 17, 1913, to present service, on the ground that sentence was excessive, the basis of the prosecution being a "ten-cent game of craps."
Wrr.J.JAM B. QuiTOR and ERNEST A. GRANT; City Court of Decatur County, November term, 1912; larceny; $50.00 fine or eight months on the chaingang; commuted to present service January 17, 1913r on the ground that the penalty was excessive, applicants being boys and the offense consisting of stealing a few stalks of sugar-cane.
WALTER HicKs; Superior Court of Taylor County,. April term, 1912; violating prohibition law; twelve months; c.ommuted January 18, 1913, to present

WEDNESDAY, JUNE 25, 1913.

77

service, as it was S'bown be bad sold only one drink {)f whiskey and was dying from tuberculosis.

BuBLEY CuMBY; City Court of Carrollton, May term, 1912; misdemeanor (two cases) ; $100.00 fine or twelve months in each caB'e; commuted January 18, 1913, to one chaingang sentence and fine of $100.00 to make effective the sentence of the court:

J. H. DAvis; Superior Court of Cobb County, March term, 1912; assault and battery; eight months; commuted January 25, 1913, to a fine of $3'50.00 on recommendation of the Solicitor General and because of extenuating circumstances developing after the trial.

HENBY TAYLOB; Superior Court of Baldwin County; murder; death sentence; commuted January 25, 1913, to imprisonment in the Penitentiary for life, applicant being a youth of poor mentality, and it being shown there were strong extenuating circmnstances which were not developed at the trial.

ALBEBT CoBNELL; City Court of Fulton County, October term, 1912; Larceny; $75 fine or twelve months; commuted February- 5, 1913, on recommendation of court officials and prosecutor, applicant being a young man of previous good conduct and the offense not being an extreme one.

PEABL RYANS; City Court of Atlanta, January term, 1913; larceny; three months in jq.il; commuted February 14, 1913, on recommendation of court_ officials because she was soon to become a mother.

78

JouRNAL OF THE SENATE,

R. D. WHITAKER; City Court of Atlanta, November term, 1912; vagrancy; twelve months; commuted February 14, 1913, on recommendation officials who stated that applicant had been sent to prison to be cured of the drug habit which had been accomplished.

GRACE CHAMBERS; City Court of Fulton County, December term, 1912; vagrancy; $100.00 fine or eleven months; commuted March 7, 1913, as it was clear that he had come to Atlanta in search of a relative and was not guilty of the offense charged.
JOHN HENRY CHANEY; City Court of Fulton County, December term, 1912; vagrancy; $100.00 fine or eleven months; commuted March 7, 1913, as it was clear that he had come to Atlanta in search of a relative and was not guilty of the offense charged.

AARON 0RDISTER; City court of Wilkes County, Fall term, 1910; larceny (four cases) ; four years; commuted February 18, 1913, on the ground that the punishment was adequate as the conviction was for virtually only one crime and that not an extreme one.

0LEY WALKER; Superior Court of Walton County, February term, 1910; forgery; four yearS'; commuted March 7,1913, on the ground of adequate punishment, as applicant was an ignorant negro boy who had forged an order for a small bill of goods which were recovered.
FoREST JoNEs; City Court of Fulton County, October term,. 1912; carrying concealed weapons; eleven months; commuted March 7, 1913, on recommendation of Associated Charities who certified that

WEDNESDAY, JUNE 25; 1913.

79

investigation showed he had committed the crime in ignorance while taking a revolver to a pawn-shop to get money for his sick father.
JuLIUS McBRAYER; Superior Court of HaralS'OJ!l County, January term, 1913'; being drunk at church; one year; commuted March 7, 1913, to fine of $100.00, on account of his youth (18 years) .
.lB. B. Cox; Superior Court of Mitchell County, October term, 1912; violating prohibition law; $50.00 fine and thirty days in jail or twelve months on the chaing~ng; commuted March 7, 1913, on recommendation of Judge on the ground that applicant had been adequately punished.
BoB DAvrs; Superior Court of Monroe County, August term, 1912; furnishing liquor to a minor; twelve months; commuted March 10, 1913, on recommendation of prosecutor.
JoHN ScARBoRo; Superior Court of Bulloch County, Fall term, 1910; burglary; four years; commuted March 10, 1913, to present. service on account of his youth and good conduct as a prisoner.
JIM STRICKLAND; Superior Court of Forsyth Oounty, August term, 1912; violating prohibition law; twelve months; commuted March 19, 1913, because of his age (70 years) and the fact that it was established he was not an habitual violator of the law.
' JoE:N Cox; Superi'Or Court of Bulloch County, October teml, 1910; burglary; five years; commuted

bO

JouRNAL OF TIIE SENATE,

March 10, 1913, on account of his youth and extenuating circumstances.
,JEFF GRIER; City Court of Flovilla, October term, 1912; larceny; twelve months on c:haingang; commuted March 21,1913, on statement of the Judge t~at he was convinced that the sentence was excessive.

MARTIN V\rALKER; City Oourt of Carrollton; September term. 1912; disturbing divine worship; twelvemonths ; commuted March 19, 1913, to fine of $50.00, because of his youth and extenuating circumstances.

WALTER SEAGRAVEs; Superior Court of Spalding County, ,January term, 1913; forgery; twelve tnonths; commuted April 2, 1913, to $125.00 fine on recommendation of the Judge who stated that if later developments had been known to the jury he doubted if applicant would have been found guilty.

WILL HARBIN; Superior Court of Douglas County, September term, 1912; making whiskey; $200.00 fine or twelve months; commuted March 21, 1913, on recommendation of court officials who said there was doubt as to his guilt and that he had not been the principal in the transaction.

SHINE HA"l'DEN ; City Court of Jefferson, July term, 1912; carrying concealed weapons, discharging pistol on Sunday and being drunk on highway; sentences aggregating two years; commuted April 17, 1913', to tine of $150.00, on the Judge's recommendation to the effect that the heavy penalties had heen imposed on information found later to be false.

WEDNESDAY, JuNE 25, 1913.

81

RABuN AYEBS; Superior Court of Haralson County, February term, 1913; drunk on public highway; four months; commuted April17, 1913, on recommendation of the trial Judge and because of the youth of applicant who had served eight months for another offense.
ULEY BELLINGER; City Court of Sylvania, July term, 1912; carrying concealed weapon and carrying weapon without a license; twelve months and six months; the six months sentence remitted April 17, 1913, on the statement that the heavy combined penalty had been imposed on a misapprehension as to the boy's character.
FLETCHER WARE; Superior Court of Floyd County, October term, 1912; violating prohibition law; sixteen months on chaingang; commuted to $150 fine April 17, 1913, on .account of the bad health of th~ prisoner and the recommendation of the prosecutor and the Mayor of Rome.
FORJ?ST CHESSER; City Court of Floyd County, Spring term, 1912; gambling; eight months; commuted April17, 1913, to fine of $50.00, in order to earry out the original sentence of the court, the time having passed for paying the fine originally imposed.
ToM PowELL; Snperior Court of Lowndes County, January term, 1911; involuntary manslaughter; tw years; commuted April19, 1913, on recommend,ation of Solicitor General who stated be was convinced the sentence was excessive.
ERNEST CARSoN; City Court of Atlanta, February term, 1913; assault and battery: twelve months; com-

82

JouRNAL oF THE SENATE,

muted April17, 1913, to $50 fine on statement of theSolicitor Gene~al that if new evidence had been
known to jury boy would have been acquitted.

CoLUMBUS LoWE; City Court of Spalding Countyr December term, 1912; violating prohibition law; commuted AP,.ril17, 1913; to fine of $175.00, on the state-
ment of Judge that he had intended ro reduce the-
penalijr to a fine but forgot to do so before adjournment of court.
STONEWALL DAVENPORT; Superior Court of Ocone~ County, January term, 1911; IOObbery, ten years 7 . commuted April17, 1913, to present service on showing which proved clearly that the penalty wa:s' excessive.
DAN SHAw ; Superior Court of Fulton Countyr February term, 1913; violating pr()hibition law; commuted April 22, 1913, to fine of $700.00 on recommendation of the Solicitor General.
LEM STARR; Superior Court of Henry ~ounty1 October term, 1912; violating prohibition law; twelve months; commuted May 6, 1913, to $100.00 fine, as it was shown that he bad sold only one drink of whiskey.
EARL ZuBER; City Court of Fulton County, 1913;; assault and battery; two years (two cases) ; commuted May 9, 1913, to present service, it being shown that be was crazy and should be sent to the asylum for the insane. -
JIM HENRY; Superior Court of Floyd County1 October term, 1912; violating prohibition law; twelve

WEDNESDAY, JUNE 25, 1913.

83

months in chainga.ng and $500.00 fine or six months in jail; commuted May 13, 1913, to fine of $150.00 on recommendation of the officers of th~ court and other officials.

PERCY MARABLE; Superior Court of Oconee County, June term, 1912; misdemeanor (two cases); two years; commuted on recommenda,tion of Judge and Solicitor and other officials, it being shown that the two crimes consisted of but one act, carrying a pistol concealed to church, May 16, 1913.

FEASTER McCuRRY; Superior Court of Floyd County, July term, 1912; violating prohibition law; six months; commuted MJay 22, 1913, to fine of $150.00, on recommendation of court officials, new evidence indicating that he had been falsely convicted.

DALLAs RussELL; City Court of Fulton County, April term, 1913; larceny; $50.00 fine or eight months; commuted May 23, 1913, to fine of $40.00, to carry out sentence of court.

JAMEs GARRETT; Superior Court of Paulding County, February term, 1913 ; violating prohibition law; twelve months; commuted June 7, 1913, to present service on account of his youth and recommendation of Judge and Solicitor.

THOMAS 0 'HANNIFEN; Superior Court of Floyd County, December term, 1912; violating prohibition law; twelve months; commuted June 14, 1913, to fine of $150.00, on recommendation of officers of the

84

JouRNAL o:F THE SENATE,

court and others on the ground that be bad been adequately punished.

WASH DEAN; Superior Court Houston County,. October term, 1912; murder; death sentence; commuted June 10, 1913, on recommendation of Judge and Solicitor county officers and many citizens on the ground that the crime was not of such nature a& demanded the death penalty.

B. B. EDWARDs; Superior Court of Floyd County,
January term, 1913; violating prohibition law r
twelve months and $250.00 fine; commuted June 14, 1913, to fine of $250.00 on recommendation of court officials to the effect that he bad been sufficiently punished.

W. J. CoLLIER; Superior Court Richmond County, May term, 1907: car-breaking and burglary; two years (two cases); eommuted June 21, 1913, because of applicant's youth and on the earnest plea of the J"udge and Solicitor General who tried the case.

CoMMUTATIONS As THE REsULT oF PAROLES.

(These were reported to previous Legislatures in detail as paroles) :

PRINCE McLIN; Hancock County; murder.

ANDREW PARKs; Madison County; murder.

JoHN SAXON; Oglethorpe County; murder.

W. F. CuLPEPPE)R; Decatur County; manslaugbterp

G. S. CoRKEN; Houston County; burglary.

,.

JoHN McDouGAL; Lowndes County; murder.

WEDNESDAY, JUNE 25, 1913.

85

RESPITES.

WEBB GIBSON; Early County; murder; from Ju'ne 28 to July 12, 1912, to afford time for proper consideration of application for executive clemency.
( HARLES GIBBONS; Jefferson County; murder; from July 5 to July 19, 1912, to afford time for proper consideration of application for executive clemency.
JoHNSON -WEBB; Early County; murder; from July lH to August 9; from August 9 to September 6, from ~eptember 6 to September 20, to afford time for proper consideration of application for executive clemency.
JAcK BALDWIN; 8tewart County; murder; from October 11 to November 8, 1912, to afford time for proper consideration of application for executive clemency.
Aus ToLLIVER; Miller County; murder; from August 6 to :September 6, 1912, to afford time for proper consideration of application for executive clemency.
JOHN HAYGOOD; Habersham County; murder; from October 11 to November 8, 1912, to afford time for proper consideration of application for executive clemency.
W. J. McNAUGHTON; Emanuel County; murder; from November 16, 1912, to February 28, 1913, from February 28 to May 9 and from May 9 to September 5, 1913, to affOTd time for the disposal of indictment against Mrs. Mattie Flanders, jointly accused with



86

JOURNAL OF THE SEN ATE,

MeNaughton of the crime for which he was convicted, but who had not been brought to trial or the indictment dismissed, that he might be used as a witness at said trial of Mrs. Flanders and that such pertinent disclosures as made at said trial might be available for consideration in connection with application for executive clemency made by MeNaughton.

J. EDwARD BRAZZELL; Richmond County; murder; from December 6, 1912, to January 3, 1913, to afford time for proper consideration of application for executive clemency.

HENRY TAYLOR; Baldwin County; murder; from January 2 to January 17, from .January 17, to January 31, 1913, to afford time for proper consideration of application for executive clemency.

JAcK CRAWFORD; Putnam County; murder; from May 9 to May 23, 1913, to afford time for proper consideration of application for executive clemency.
WASH DEAN; Houston County; murder; from June 10 to June 13, 1913, to afford time for proper consideration of application for executive clemency.

By unanimous consent the following Senate bills were read first time :

By Mr. Miller-
A bill to create, provide for and require the payment of taxes whenever property p1u~ses by the laws of inheritance or succession by will ordered-and for other purposes.

WEDNESDAY, JUNE 25, 1913.

87

Referred to the Finance Committee.
By Messrs. Pope, J. T. Hixon et aL-
A bill to put in force the Constitutional amendment ratified at the November election in 1912 of Article 7, Section 2, Paragraph 2, of the Constitution.
Referred to the Agricultural Committee.

By Mr. Smith-
A bill to provide for verdicts and judgments to be rendered at the appearance term of City and Superior Courts of this State on unconditional contracts in writing after legal service upon the defendant, and for other purposes.
Referred to the General Judiciary Committee.

By Mr. Tarver-
A bill to authorize and empower the Railroad Commission of Georgia to require of two or more railroads entering the same town, when practicable, in the interest of the public, the erection of joint union stations.
Referred to Railroad Committee.
By Mr. Smith-
A bill to authorize and empower Judges of the Superior Courts of this State to grant charters to private companies in vacation.
Referred to the General Judiciary Committee.

88

JOURNAL OF THE SENATE,

By Mr. Tarver-
A bill to amend Section 4424 of the Code of 1910, Referred to the General Judiciary Committee.

By Mr. Tarver-
A bill to amend the Constitution so as to provide for the creation of the new County of Tate.
Referred to the Constitutional Audit Committee.
On motion the Senate adjourned until tomorrow morning at 10 o'clock.

THURSDAY, JUNE 26, 1913.

89

SENATE CHAMBER, ATLANTA, GA.
Thursday, June 26, 1913. .

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 :
.

Allen, John T.

Irwin, M. D.

Brown, John W. L. Jones, S. E.

Bulloch, R. 0.

Jones, W. W.

Burtz, A. H.

Johnson, J. F.

Bush, W. J.

Kea, Fred,

Chennault, N. B. Kelly, 0. L.

Converse, W. L. Longino, J. T.

Dickey, R. L.

McGregor, C. E.

DuBose, R. T.

Mc.Neil, W. D.

Elkins, 0. H.

Miller, B. S.

Ford, L. L.

Moore, J. H.

Foster, A. H.

Olliff, W. M.

Harrell, G. Y.

Parrish, C. H.

Hixon, J. T.

Perry, Grant D.

Huie, G. M.

Peyton, J. T.

Pope, Le, Ric.hardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W.
Sweat, J. L.
Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
}{R. PRESIDENT.
'

The Journal of yesterday was read and approved.
The following message was 'received from the House through Mr. Boifeuillet, the Clerk thereof.

Mr. President:

The House has adopted the following resolutions

of the House :



A resolution providing for comm:ittee to arrange for inaugural ceremonies.

90

JouRNAL OF THE SENAT~,

A resolution providing for a joint session of the House and Senate on June 26, 1913, for purpose of consolidating the vote for Governor and State House officers.
A resolution to appoint a committee to notify the Governor that the General Assembly has been organized.

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 session Thursday, June 26, 1913, to canvass the vote for Governor and State House officers.
A resolution providing for a joint committee to arrange for the inauguration of Governor.
The Speaker has appointed the following members as committee on part of the House:
Messrs. Wheatley, Hardeman, Blackburn.
Mr. President:
I am directed by His Excellency the Governor to deliver to the Senate a communication in writing, to which he respectfully invites your attention.

THURSDAY, JUNE 26, 1913.

91

Mr. President: I am directed by His Excellency the Governor to
deliver to your honorable body a sealed communication to which he invites your attention.
Executive Session. The following Senate bills were read first time:

By Mr. Hixon-
A bill to .define who is able to contract marriage, and for other purposes.
Referred to the Hygiene and Sanitation Committee.

By Mr. Hixon-
A bill to prohibit any person, persons, firms or corporations from shipping spirituous or malt liq~ors in this State..
Referred to the Temperance Committee.

By Mr. Searcy-
. A bill to make it unlawful for any person to purchase for another from a blind tiger any spirituous malt or intoxicating liquors in this State.
Referred to the Temperance Committee.
By Mr. Tarver-
. A bill to give all courts of original jurisdiction in the State of Georgia authority in certain cases to mold their s:entences as to allow defendants upon

92

J OL'RNAL OF THE SENATE,

rendition of a verdict of guilty to serve same outside the confines of the chaingang, jail or other places of detention under the supervision of the court.

Referred to the General Judiciary Committee.

By Mr. Tyson-
A bill to amend Paragraph 2, Section 1, of Article 11, of the Constitution of this State creating the County of Evans.
Referred to the Constitutional Amendments Committee.

By Mr. Rushin-
A bill to repeal an Act entitled an Act to establish the City Court of Vienna in and for the County of Dooly.
Referred to the Committee on Counties and County Matters.

By Mr. Ford-
A bill to rearrange the Albany and Southwestern Judicial Circuits.
Referred to the General Judiciary Committee.

By Mr. Stark-
A bill to amend the Act creating the City Court of Jefferson, approved July 16, 1903.
Referred to the Special Judiciary Committee.

THURSDAY, JUNB 26, 1913.

93

By Mr. Tyson-
A bill to amend Paragraph 2, Section 1, of Article 11, of the Constitution so as to create the County of Hampton.
Referred to Committee on Constitutional Amendments.

By Mr. Olliff-
A bill to amend an Act creating a board of commissioners of roads and revenues for Charlton County.
Referred to the Committee on Counties and County Matters.

By Mr. Du:Bose-
A bill to a.mend the charter of the City of Athens, August 24, 1872, with regard to paving streets.
Referred to Committee on Corporations.

By Mr. DuBose-
A bill to amend Section 2878, of the Code of 1911 to define the term "other like associations," therein referred to.
Referred to Committee on Corporations.
By Mr. Elkins-
A bill to amend Section 3354 of Civil Code relative to mechanic's liens.
Referred to the General Judiciary Committee.

94

JouRNAL oF THE SENATE,

By Mr. EJkinsA bill to regulate the meshes of seins, nets and
traps in the waters of this State.
Referred to the Agricultural Committee.

By Mr. Elkins'-
A bill to amend the Act creating the City Court of' Fitzgerald so as to provide for compensation of court stenographer.
Referred to the Special Judieiary Committee.

By Mr. OllifflA bill to provide fees for the ordinary for issuing-
licenses and collecting the tax provided in Sections 982, 983, 984, 1763, 1764 and 1765 of the Code of Georgia for 1910.
Referred to the Committee on Finance. By Mr. Bush-
A bill to regulate and control the organization and operation of insurance companies in this State.
Referred to the General Judiciary Committee. By Messrs. Bush and Searcy-
A bill to regulate the reading of the Holy Biblein the opening of the public schoolS' of this State.
Referred to the Committee on Education. By Mr. Foster-
A bill to provide for the inspection of all county

THURSDAY, JuNE 26, 1913.

95

jails, to abolish the chaingangs, and for other puBposes.
Referred to the Penitentiary Committee.

By Mr. PopeA bill to provide for the payment of fees now al-
lowed by law to ordinaries as compensation for pen.sion work.
Referred to Committee on Appropriations.
The following resolutions were read first time:

By Mr. Longino-
A resolution to appoint a committee of three from the Senate and five from the House to investigate the l>est thing to do with the W. & A. Railroad.
Referred to W. & A. R. R. Committee.
The following resolution was read first time:

-:By Mr. Payton-
A resolution authorizing the Secretary of State -to furnish High Rock lithia water for the use of the 'Senate.
Referred to the Committee on Halls and Rooms.
The hour of 11 o'clock having arrived the Senate repaired to the Hall of the House of Representatives f-or the purpose of opening, counting and de-claring the result of the election of Governor and ..other State House officers in the last general election.

96

JouRNAL oF THE SENATE,

The President of the Senate took the chair and called the General Assembly to order.
The President appointed the following gentlemen as tellers: Senators DuBose, Huie, Olliff; Representatives Sheppard, wisdom, Garlington, Heath,. Anderson, 'Vright, Ragland. After performing thisduty the te1lers submitted lhe following report in the form of a resolution, as follows:

By Mr. DuBose-
Resolved by the General Assembly of Georgia, this: day lawfully convened in joint session, that upon consideration of the votes cast at the general election held throughout the State in October, 1912, for Governor and State House officers, the Hon. John M. Slaton of Fulton County received a majority of all the voteR cast for Governor.
Hon. Philip Cook, of Lee County, received a majority of all the votes east for Secretary of State.
Hon. W. A. vVright received a majority of all the votes cast for Comptroller-General.
Hon. Wm. J. Speer of Fulton received a majority of all the votes cast for Treasurer.
Hon. T. S. Felder of Bibb received a majority o:t all the votes cast for Attorney-General.
And said named persons are now therefore declared 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 this resolution!

THURSDAY, JUNE 26, 1913.

97

on their respective journals as evidence of the facts stated herein.
The foregoing report of the tellers was read and agreed to. The President of the Senate declared the officers therein named duly elected.
On motion the joint session wag dissolved, and the Senate repaired to the Senate Chamber and was called to order by the President.
On motion the Senate adjourned until tomorrow morning at 11 o'clock.

98

JouRNAL OF THE SENATE,

~ENATE CHAMBER, ATLANTA, GA.
Friday, June 27, 1913.

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

Prayer was offered by the Chaplain.

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

Allen, John T.

Irwin, M. D.

Brown, John W. L. Jones, S. E.

Bulloch, R. 0.

Jones, W. W.

Burtz, A. H.

Johnson, J. F.

Bush, W. J.

. Kea, Fred,

Chennault, N. B. Kelly, 0. L.

Converse, W. L. Longino, J. T.

Dickey, R. L.

McGregor, C. E.

DuBose, R. T.

McNeil, W. D.

Elkins, 0. H.

Moore, J. H.

Ford, L. L.

Olliff, W. M.

Foster, A. H.

Parrish, C. H.

Harrell, G. Y.

Perry, G,rant D.

Hixon, J. T.

Peyton, J. T.

Huie, G. M.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N. .
MR. PRESIDENT.

'Uh.ose absent were Messrs.-
Miller, B. S.
The Journal of yesterday was read and approved.
T'he following report of the committee appointed to arrange for inaugural ceremonies was read and adopted by the Senate:
Your committee appointed to make arrangements and adopt a program for the inauguration of the Governor-elect beg leave to report as follows:

FRIDAY, JuNE 27, 1913.

99

(First-'TI.hat the inaugural ceremonies shall take place in the Hall of the House of Representatives at 12 o'clock noon on Saturday, June 28, 1913.

Second-That at 11 :45 o'clock the House and Senate assembled in joint session in the Hall of the House of Representatives, the President of the Senate presiding.

Third-That the joint committee of the Honse 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 Court of Appeals, State House officers, elect and retiring, exGovernors and Federal Judges. all of whom will be previously invited to be present at 11 :50 A. M., for whom seats: will be reserved immediately in front of the Speaker's stand.

That the order of proceedings by the joint session of the General Assembly will be as follows:

(a) Invocation by the Rev. J. B. Robbins.

(b) PreS'entation 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 Ron. Wm. H. Fish, Chief Justice of the Supreme Court.

(d) Presentation of the Great Seal of the Sta.te 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 S.tate.

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(e) Inaugural address by the Governor.
Fourth-Adjournment of the joint session of the General Assembly.
Respectfully submitted, JNO. T. ALLEN, M. E. RusHIN, on part of 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 joint committee to make arrangements for the inauguration of the Governor-elect.
The following Senate bills were read first time:

By Mr. Huie-
A bill to provide that notice by the carrier shall be given to consignors of freight before undelivered goods may be sold.
Referred to the Railroad Committee.

By Mr. Huie-
A bill to amend Section 2626 of Civil Code of Georgia of 1910 so as to authorize the chairman as well as the Secretary of the Railroad Commission of Georgia to certify copies of reports, schedules of ra:tes, orders and all other records of the Railroad Commission, and for other purposes.
Referred to the Railroad Committee.

FRIDAY, JuNE 27, 1913.

101

By Mr. Jones'--
A bill to prescribe a method giving notice in writing charges against members County Boards of Education.
Referred to the Committee on Education.

By Mr. Anderson-
A bill to regulate the employment of young children in certain kinds of labor, and for other purposes.
Referred to the Committee on Labor.

By Mr. Bush-
A bill to amend the Act incorporating the City of Colquitt, approved August 15, 1905, and for other purposes.
Referred to Committee on Corporations.

By Mr. Watts-
A bill to amend Section 2 of Article 11 of the Con- stitution so as to authorize the qualified voters of this State to abolish th~ office ef County Treasurer.
Referred to Committee on Constitutional Amendments.

By Messrs. Jones, Foster and Burtz-
IA bill to amend Section 816 of the penal Code of
Georgia, approved August 15, 1910.
Referred to the General Judiciary Comttee.

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JouRNAL OF THE SENATE,

ByMr.Kea-
A bill to prohibit any person, firm or C{)rporation engaged in the delivery of messages or packages from sending any minor under the age of sixteen years to any disreputable place.
Referred to the General Judiciary Committee.

By Mr. Parrish, by request--
A bill to amend Paragraph 2, Section 1, Article 11, of the Constitution.
Referred to Committee on Constitutional Amendments.

By Mr. McGregor, by requestA bill to amend the Constitution providing how
new counties shall be established in Georgia. Referred to Committee on Constitutional Amend-
ments.
By Mr. Kea-
A hill to amend Section 130, Volume 2, of the Code of Georgia, 1910, so as to give the Department of Commerce and Labor authority to designate where seats for females shall be placed.
Referred to the Committee on Immigration and Labor.
By Mr. Smith-
A bill to amend Section 1229 of the Civil Code of

FRIDAY, JuNE 27, 1913.

103

1910 by striking therefrom the word "December" and inserting in lieu thereof "November."
Referred to the Committee on Finance.

By Mr. Smith-
A bill to amend Section 1036 of the Penal Code of 1910, so as to provide that defendants in criminal cases shaH be subject to cross examination, and for other purposes.
Referred to the General Judiciary Committee.

By Mr. Kea-
A bill to require factories, work shops, machine shops and other industrial plants to report to the Department of Commerce and Labor.
Referred to the Committee on Immigration and Labor.

By Mr. Brown-
A bill to amend Section 2084 of the Code of 1911, relative to the Department of Agriculture..
Referred to the Committee on Agriculture.

By Mr. Kea-
A bill to amend Section 3137 of the Code of Georgia, and the Act of the Legislature, approved August
.21, 1911, regulating the hours of labor in cotton
and woolen mills.
:~.

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JouRNAL OF THE SENATE,

Referred to the Committee on Immigration and Labor.

By Mr. Olliff-
A bill to require the holders of policies of insurance on their lives to return the cash-surrender value for taxation.
Referred to the Committee on Finance.

By Mr. ElkinsA bill to amend Section 1036 of the Penal Code. !Referred to the General Judiciary Committee.

By Mr. Bush-
A hill to make the State Superintendent of Schools member ex-officio of the Board of Trustees of the District Agricultural Schools.
Referred to the Committee on Education.

By Mr. Bush-
A bill to provide for the fencing of the right of way of all railway companies in Miller County for the protection of live stock, and for other purposes.
Referred to the Committee on Railroads.

By Mr. Bush-
A bill to incorporate the City of Colq11itt in lieu of the town of Colquitt, and confer additional powers, and for other purposes.

li,RIDAY, JuNE 27, 1913.

105

Referred to Committee on Corporations.

By Messrs Searcy and Smith-
A bill to amend Section 6134 of the Civil Code of 1910, fixing the salaries of the stenographers of the Supreme Court.
Referred to General Judiciary Committee.

By Mr. W. J. Bush- '
A bill to make it unlawful for any railroad company to receive and transport upon its trains passengers who are drunk or intoxicated, also for allowing or permitting the drinking of intoxicating liquors on passenger trains. To prescribe a penalty for violating this Act, and for other purposes.
. Referred to Committee on Railroads.

By Mr. Bush-
A bill to amend Act to incorporate the City of Colquitt, approved August 7, 1912, and for other purposes.
Referred to Committee on Corporations.

By Mr. Huie-
A bill to be entitled au Act to confer upon the Railroad Commission of Georgia the power and duty to place a time limit, in orders hereafter issued by it, approving the issuance of stocks, bonds, securities or other evidences of debt, within which, if

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JouRNAL OF THE SENATE,

the powers, privileges or authority therein approved or granted are not exercised, the said orders and all powers, rights, privileges and authority therein given or conferred shall become null, void and no longer of effect, and for other purposes.

Referred to the Committee on Railroads.

By Mr. Kea-
A bill to require factories and workshops to provide proper ventilation and sufficient heat during the winter months, and to regulate toilets, and for other purposes.
Referred to the Committee on Immigration and Labor.

By Mr. Stark-
A bill to amend the Act creating the City Court of J e:fferson, approved July 16, 1903, so as to provide an official stenographer for said court, but at no expense to the County of Jackson, and for other purposes.
Referred to Special Judiciary Committee.

By Mr. Elkins-
A bill to amend Section 1037 of Penal Code so as to provide that the husband may testify against his. wife in certain criminal trials, etc.

FRIDAY, JuNE 27, 1913.

107

Referred to the General Judiciary Committee. T'he following resolution waS' read first tim~:

By Mr. -sweat-
A resolution to provide for the appointment of a commission to investigate and report upon the extension of theW. & A. R. R.
Referred to the W. & A. R. R. Committee.
The following resolutions were adopted:

By Mr. Elkins-
A resolution instructing the Secretary of the Sen~ ate to arrange for additional electric fans for the /Senate.

By Mr. DuBose-
A resolution requesting the Secretary of State to procure Swift's mineral water for the use of the Senate.
By Mr. DuBoseA resolution providing for a new standing com-
mittee to be known as Committee on Insurance.
The following communication from the Governor was read:

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JouRNAL oF THE SENATE,

Special Message

To the General Assembly:
There is no subject of more weighty interest to the people of Georgia than that of the future disposition of the Western & Atlantic Railroad. It is not to be considered that the State will seriously entertain a proposition for the sale of this, its most imporant piece of propercy. It is most important not only as to its value as an asset, but also in ib power for securing and maintaining competition in commercial lines for the people of the entire State.
A large portion of the people, while generaliy holding in mind the notable commercial worth of this railroad to the State, have not grasped the fact that it is in some respects the most potent of all factors in controlling reasonable rates of freight from other States into Georgia. In fact, in its potency as a rate-fixer and competition-securer, our fathers, in constructing it, builded wiser than they knew.
Running from Atlanta, which is unquestionably the South's chief distributing center of mercantile products, to the Tennessee River, at Chattanooga~ in the State of Tennessee, the length of its line is so short that its rates, added to the western rates from Ohio and Mississippi River points, hold down the rates which otherwise might be excessive and1

FRIDAY, JuNE 27, 1913.

109

in fact, might maintain serious discriminations against our people. The_ United States government has already opened the Mussle Shoals to boat navigation, and, within ~ertainly a few years, will have opened the only other serious barrier, viz.: Colbert Shoals, below Decatur, Alabama. When the latter WJOrk is done steamboats can run every day in the year from 8t. Louis and other Mississippi and Ohio River points to Chattanooga. These river rates will inevitably cause the general rates from the West to Atlanta to be reduced and, as the competition between the- transportation lines running from the eastern and western markets for the trade of interior Georgia is so acute, this will force down the eastern rates to interior points in Georgia.
Inasmuch as it has been for upwards of thirty years a cardinal rule in rate-making that the rates from Baltimore to Atlanta shall be the same as the 1rates from Cincinnati, LoUJisville, or other Oltio River points to Atlanta, and as the western rates to Macon, Columbus and other Georgia points are made almost the sam(il as to Atlanta, the Western & Atlantic Railroad will always be able to prevent unreasonably high rates from being exacted out of the Georgia people by the interstate railroads, unless the Interstate Commerce Commission allows the rates from Chattanooga to Atlanta to be materially increased.
Much has been said for years past on the subject of extending the Western & Atlantic Railroad to the sea, for the purpose of controlling cheap rates

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JouRNAL oF THE SENATE,

into Georgia or for securing competition for the people of Georgia. My judgment, however, is that the fixed policy of the State as to her finances makes this a visionary scheme. In the first place the extension of the road from Atlanta to the sea would cost, when we include proper terminals, etc., undoubtedly more than fifteen millions of dollars. In fact, a report made to your honorable bodies, found on page 829, House Journal, 1909, estimated that the cost of the extension would be $71,650 per mile, making the total cost, if it were about 275 miles long, almost $20,000,00. If, however, the extension is to Savannah, Darien, Brunswick and St. Marys, the main line extension would be at least 125 miles more at a cost of upwards of $3,000,00o.OO, it being understood that terminals, rolling stock and other extra items are probably charged in the original estimate per mile. Every dollar of this amount would have to be borrowed.
But, as the Constitution of the State forbids any increase of the public debt, it would first be necessary to amend the Constitution so as to saddle this enormous debt upon the people. At 4 per cent. the interest account on $20,000,000 alone would be eight hundred thousand dollars annually. Inasmuch as the rates on through freight, both ways between Atlanta and the Georgia ports, are on a large proportion of the business quite thin, it is not at all likely that the extended part of the road from Atlanta to the sea could be leased for more than, if really as much as, eight hundred thousand dollars per annum. This

FRIDAY, JUNE 27, 1913.

111

would only pay the interest on the vast debt, leaving nothing which could be set apart as a sinking fund.
But there is another very practical barrier in the way of this plan. It has been said, time and again, by the advocates of this extension of" the Western & Atlantic Railroad to the sea that the Atlantic Ocean can not be syndicated; yet it is a proven fac.t tha.t the steamship lines on the Atlantic Ocean can be and are syndicated. Hence, if the State, by adding enormously to her indebtedness, should extend her road to the sea she would have no assurance that she would get business for it when it reached a Georgia port. Of course, if she operated the road herself, she could not afford to spend millions of dollars building steamships of her own to run to New York, Philadelphia, Boston, etc., with the very great wharfage expense in those cities, and, certainly, she could not secure enough traffic. to mainta.in the road from tramp ships which might come in once a week or once a month.
Therefore, whether the .State would or would not undertake to run the road herself, it is manifest that she would be a very great loser, expressing it moderately, by spending many millions of dollars in extending the Western & Atlantic Railroad to the sea_ And I will add that if she leased it, she could not do so to advantage if she required the lessees to receive less local rates on this road than were allowed by the Railroad Commission on competing lines. Therefore, as she has the power of fixing rates within her own borders, she can furnish ex-

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JouRNAL oF THE SENATE,

actly the same rates for the roads now built as she would be able to furnish her own road after she built it.
If the United States Government does not assume control over intra-state rates (and it is doubtful whether that government could fix the rates in Georgia on a railroad owned entirely by the State) and if Georgia is really willing to increase her public debt and spend as much as three millions of dollars in making any kind of an extension of the Western & Atlantic Railroad, she could put herself absolutely in possession of the power to force competition which would forever protect her people, if she and Tennessee, by agreement, would change the boundary line between the two States along a portion of the northern border of Dade County.
At Shell Mound, in Tennessee, the Tennessee River runs within less than a mile of Nickajack Cave, in Georgia. If the two States would agree that the Georgia boundary line be deflected to the Tennessee River at or near Shell Mound and, after allowing Georgia a frontage of about a mile on the river, to deflect back to the present State line and, either adjoining that point or at some other locality, deflect the line inward so as to give to Tennessee an a~equate portion of Dade County to compensate for the portion added to Dade County by the. State of Tennessee, Georgia would, of course, have a landing on the Tennessee River. Then, if she would tunnel Lookout, Sand and Raccoon Mountains and extend a line to the Tennessee River from or near

FRIDAY, JuNE 27, 1913.

113

Ringgold or Graysville, Georgia, this would enable ber Railroad Commission at all times to hold down the rates from the Tennessee River to Atlanta, to which would be added the low water rates to Shellmound, and in this way make the State absolutely independent of railroad monopolies, inasmuch as a reduction in the rates to Atlanta would bring a re-duction to all other cities in the State.
This extension, I am told, would call for five or six miles of tunnels, costing about $250,000 per mile .and possibly upwards of thirty miles of additional railroad costing from $20,000 to $25,000 per mile, making a total for these two items of, say, $2,250,000. 'Therefore, it would appear that $3,000,000 ought to .cover the total cost of the suggested extension.
Now, it may be said that Tennessee would not >Consent to such an arrangement. I am frank to .admit that I have no assurance that she will; but, from an experience of upwards of twenty years in handling railroad rates, I will assert that if Georgia -would bind herself to build the extension indicated, 'Tennessee could do for herself no wiser act than to make exactly the arrangement I have indicated, be.cause the reduction of the rates from the Georgia landing on the Tennessee River to Atlanta would .assuredly result in the reduction of the rates from Dhattanooga to Atlanta, inasmuch as the other railroad lines leading from Chattanooga to Atlanta -would not tolerate the proposition that this Georgia port s'hould have any lower rates than Chattanooga. .And the benefit to Tennessee would not stop at Chat-

114

JOURNAL OF THE SENATE,

tanooga, beeause the lines leading from Knoxville to interior Georgia points would be forced to reduce the rates from Knoxville to interior Georgia points to prevent Chattanooga from securing the trade which properly belong to Knoxville.
All railroad officials and all the oommercial men handling business from Tennessee points to Georgia points need no argument to convince them that I have stated the ca.se correctly. It is readily admitted that the Georgia port I have referred to could not break down the trade of Chattanooga. Although all the boats coming up to Chattanooga would stop at or pass the Georgia port, this port would not handle probably one-tenth of the business from the river and none from the rail lines entering Ohattanooga, and none of the local business of Chattanooga, but it would fix the rates upon which all the other traffic from Chattanooga and Knoxville would move into Georgia.
. Furthermore, just across the State line at the Georgia port referred to a Tennessee city could be built on the river from which business would reach the Western & Atlantic Railroad by mere sidetracks, thus receiving the same rates into Georgia as those made from the Georgia port.
Hence, the exchange of territory which I have suggested would work out results of incalculable benefit to both States, if the Western & Atlantic Railroad were extended to the new landing on the Tennessee River.

FRIDAY, JuNE 27, 1913.

115

The very few Tennessee people who, by the above indicated arrangement, would be annexed to Georgia, would come into a great and glorious State, and the very few Georgia people who would be annexed to Tennessee would also become citizens of one of the noblest States in the American sisterhood.
Now, as I have indicated, the expenses of extension to the Tennessee River would. cost probably only fllbout three millions of dollars, which is less than the amount estimated for terminals alone, at coast cities, for the proposed $20,000,000 extension of the road to the sea; and the reduction of rates which would follow from the West to interior points in Georgia would force down the rates from Baltimore and other eastern cities, the rates from all the western cities being made the same as, or with fixed differentials above the Baltimore rates, and the rates from Philadelphia, New York, Boston, etc., being made but a few cents per hundred pounds higher than the rates from Baltimore.
Therefore, while the extension of the Western & Atlantic Railroad to the sea would result in an enormous increase of the State's debt, with no assurance of securing competitive traffic from syndicated lines of steamships, the rates from the Georgia port on the Tennessee River to Atlanta would inevitably reduce the rates to Georgia cities from Chattanooga, Knoxville, and all other points touched by the Tennessee, Ohio and Mississippi Rivers.
In the consideration of this subject, keep ever in mind that when water competition reduces the rates

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JouRNAL OF THE SENATE,

from one Western center to Georgia cities the railroad lines reduce the rates correspondingly froni all other western centers to the same cities so as to protect each in the power to hold its proper proportion of the general business.
There is another alternative method for practically putting the Tennessee River traffic at a landing place in Georgia. This can be done if Chickamauga Creek is widened, deepened and straightened from its mouth near Boyce Station to a point in Catoosa County, so as to allow boats from St. Louis and other western ports to come up the canal and cross the Georgia-Tennessee boundary line. The canal thus made would not be more than twelve miles long and should not cost $1,000,000.
I will ask you to bear in mind that I am not recommending that the State increase her debt by makingan extension of her railroad from either end; but I am indicating that if she decides to adopt this policy she will secure immensely greater benefits for her people by spending, at the most, three millions of dollars in extending it to the banks of the TennesseeRiver in her own borders than by spending sometwenty millions extending it to the sea.
I will here observe that my judgment is clear thatthe State of Georgia should not seriously entertain
the thought of curtailing the terminal faeilities or
the Western & Atlantic Railroad in either Chattanooga or Atlanta. Propositions have been madewithin the past few years for practically abandoning the terminals in the city of Chattanooga and, iru

FRIDAY, JuNE 27, 1913.

117

merely a less degree, the same subject bas been mooted as to the Atlanta terminals.
As to Chattanooga, I will state that, while this proposition is being advocated by some of our own people, the Southern Railway, which is the most pronounced competitor of the Western & Atlantic Railroad, bas been spending large sums of money in extending its line into the heart of Chattanooga, and it has already secured property within a few hundred feet of that which it is proposed that theWestern & Atlantic Railroad shall abandon for transportation uses in the center of that city.
Although the State of Georgia bas an absolute advantage over her competitors in Chattanooga, it is seriously proposed that she shall abdicate that advantage and allow her competitors to suooeed to it. The plan advocated is to ground-rent a large portion of the track space in the center of Chattanooga, and enticing figures are shown as a reason why the :State should do this.
Now, if the State proposes to go into the reaJ estate renting business and for that purpose is willing to impair her power for conducting a great transportation line, she can probably look with favor upon the proposed plan to dismantle the road.
It is undoubtedly true that one mile of the road in Chattanooga is the means of securing more revenue than probably thirty or forty miles secure along the center of its line. The strength of the road lies in its superior facilities for receiving and distribut4 mg commerce. If the State withdraws from the

118

JOURNAL OF THE SENATE,

localities where the commerce is found and properly handled, she disastrously reduces the amount of commerce to handle. Hence, if Georgia wishes to own a great and well equippea railroad she will hold on to all of the terminal facilities she has at either end of it.
In this connection, I will state, that the plan has been proposed of withdrawing the passenger terminals in Atlanta from the Union Station, which has been the terminal for upward of seventy years, to the Forsyth Street Bridge. But, by one who will look at the terminal facilities at the present location and at the proposed location at the Forsyth Street Bridge it will be seen that, if we allow needed space for freight tracks, the latter area is entirely too narrow, and that in almost every respect the change would work to the serious detriment of the Western & Atlantic Railroad.
I will remark that, as to the freight terminals, the Central of Georgia Railway, the Southern Railway and the Georgia Railroad and allied companies have spent many hundreds of thousands of dollars in buying lands and extending their terminals into the very heart of Atlanta.
For many years the Western & Atlantic Railroad had almost a monopoly of the business in the center of the city, hence the owners of the above named roads went to the enormous expenditure referred to for the purpose of competing with the Western & Atlantic.

FRIDAY, JuNE 27, 1913.

119

Therefore, the proposition that the State of Georgia remove its present passenger and freight terminals in Atlanta and Chattanooga from their points of vantage really seems a strange one. For the reasons above given, I am firmly convinced that the State should erntertain no thought of dismantling her property and thereby putting herself at a disadvantage as compared with her transportation competitors.
In this connedion, I will call your attention to the proposition which has been mooted to build a plaza over the railroad tracks, in Atlanta, extending from the Forsyth Street Bridge to the Washington Street Viaduct, with a commodious modern terminal station on the site of the present Union Passenger Station. This plan, if executed, would likely very greatly enhance valuations in the center of the city, hence should be encouraged by the >State. And, unless this plaza plan is carried out, the State will disastrously damage her passenger terminals in Atlanta if she permits the city of Atlanta to build bridges over the Western & Atlantic Railroad on Pryor Street and Central A venue. By no possibility can she prevent or escape very serious and permanent loss if she allows those bridges built with the general status remaining as it is at present.
Now, as to the future disposition of the Western & Atlantic Railroad, it is well known that the present lease will expire December 27th, 1919. It is not too soon, therefore, for the State to begin to con-

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JouRNAL OF THE SENATE,

sider what steps she will take toward protecting her citizens in determining the future of her railroad.
I assume that practically very few people entertain any thought other than to lease the road again. Hence, the. question hinges upon the most advantageous method of leasing it.
It has been proposed in some circles to lease it for a period of ninety-nine years, fixing the annual lease income on an ascending scale divided probably into a certain rate per month for the first thirtythree years, a certain higher rate per month for the next thirty-three years, and a still higher rate for the third period of thirty-three years.
I am quite clear, however, in my conviction that the State ought not to consent to a lease for a longer period than thirty years. No one knows what may be the conditions, commercially and otherwise, thirty years from now. There may be complications which would result in serious discriminations against her people and great loss to the State if she bound herself to a lease of practically a hundred years.

Therefore, she should hold it within her power to take back her road about once in the life time of each generation and adjust the new lease to the conditions then prevailing. By this means she could be reasonably sure of protecting her people in the power to hold their own with the people of other States within future decades, for bear in mind that

FRIDAY, JuNE 27, 1913.

121

each generation is entitled to solve its own problems in its own way. We know not what complexities will confront our children and grandchildren in handling the affairs of the State, and should not handicap them.
I know that it will be stated that if the road be leased for a very long period of years the lessees would then double-track it and make all other improvements needed for holding it on a parity with its competitors; but there is little reason to doubt that a company leasing it for thirty years, beginning at the end of the present lease, would he justified in making such improvements as the property would need. It might, I grant, be proper in fixing the new lease to take a smaller amount of rental for five or seven years than would be fixed for the next twenty-three or twenty-five years, with the agreement that the new lessees would double-traek the road by the end of seven years and make other corresponding improvements. This would be a matter of detail for consideration.
I recommend, therefore, that your honorable bodies provide for a commission consisting of three or five citizens of Georgia, to be appointed by the Governor, whose duty it shall be to formulate a plan for the future leasing of the Western & Atlantic Railroad. Yet, it may be best to defer action on this subject until your session in 1914. This will allow ample time for mature consideration, whereas, if all action_ were deferred for your successors, the.

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JouRNAL OF THE SENATE,

next General Assembly, the matter might not l'eceive the careful thought it merits.
Respectfully submitted,

On motion the Senate adjourned until 11 o'clock tomorrow morning.

SATURDAY, JUNE 28, 1913.

123

SENATE CHAMBER, ATLANTA, GA.
Saturday, June 28, 1913.

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

Prayer was offered by the Chaplain.

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

Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Omverse, W. L. Dickey, R. L. DuBose, R. T. Elkins,' 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D. .Tones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G W Turner, S. M. Tyson, C. M. Wa.tts, J. N.
MR. PRESIDENT.

'llhose absent were Messrs.-

Allen, John T.

:Miller, B. S.

Upon motion the reading of the Journai of yesterday's proceedings was dispensed with.

The following invitation was read and accepted:

Atlanta, Ga., June 28, 1913.
In behalf of the citizens of Gilmer County, I am authorized and requested to extend an earnest and
urgent invitation to the President, Members and Of-

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Jol;RXAL OF THE SEXATE,

ftcers of the Georgia State Senate to attend a barbecue to be given by the citizens of Gilmer County at Ellijay, Ga., July 4, 1913. I earnestly hope the invitation will be accepted and assure my colleagues .of the Senate that their pleasure and comfort will receive the greatest consideration by the good citizens of Gilmer County, in whose behalf this invitation is extended.
A. H. BuRTz, 41st District.

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

M1. President :
The House has passed by the requisite Co~stitu tional majority the following bill of the House, towit:
A bill to provide for the holding-of a special election for Senator of the United States from the Stat8 of Georgia for the term beginning March 4, 1913, and ending March 3, 1919, to declare the result thereof, .and for other purposes.
The following message was received from tha House through Mr. Boifeuillet, the Clerk thereof.

Mr. Pre.sident :
The House has adopted the following resolution Df the House, to-wit:
A resolution inviting Ron. Herbert Myrick to address the General Assembly on July 15, 1913.

SATURDAY, JUNE 28, 1913.

125

The following House Bill was taken up and read the first time, to-wit:

By Messrs. Wimberly, Fowler and Miller of Bibb--
A bill to provide for the holding of a special election for Senator of the United States from the State of Georgia for the term beginning March 4, 1913, and ending March 3, 1919, and to declare the result thereof, and for other purposes.
Ordered engros'Sed.
The following resolution was read the first time:

By Mr. Harrell-
A resolution to create a commission, the duties of which shall consist of investigating the farming interests of the State.
Referred to the Committee on Agriculture.
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 res:olution convening the General Assembly in Joint Session was read by the Secretary.
Prayer was offered by Rev. J. B. Robbins, D. D., .of Atlanta.

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The oath of office was administered to Governorelect Slaton by Chief Justice Fish, of the Supreme Court. The retiring Governor Brown delivered to Governor Slaton the Great Seal of the State, and the Governor returned it to the Secretary of State for safe-keeping.
T'he President then introduced the Governor, Ron. John M. Slaton, who proceeded to deliver his inaugural address:

Inaugural Address
Mr. President, Mr. Speaker, and Gentlemen of the General .Assembly:
The progress of the world has been accomplished by the optimist. He has discovered new countriesr bui1ded railroads, united continents, established cities, founded institutions of learning, and by his faith and courage has proved a benefactor of his fellow-man. Never have the people of Georgia had greater reason to be proud of lier achievements, nor more sanguine of her future, than at present. In the exercise of its governmental functions it is rendering more service and contributing more to the happiness of her citizens than ever before.
Thirty years ago, struggling under the burdens of the civil war, our brave and patriotic fore-fathers could hardly provide more than the protection o:i

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127

the courts, with a scanty allowance for the education ()f her youth.
For the year 1913, Georgia appropriated $2,550,, {)()().00 to her public schools, of which nearly $2,000,000.00, comes directly from the Treasury. No larger .amount is directly appropriated by any Southern State, and almost by no State in the Union. In those States which contributed much more than Georgia for educational purposes the money is Taised by local taxation.
This State has adopted the wise and humane plaL <>f working her convicts on the roads in lieu of hiring them to priv-ate parties and receiving the proceedf'. -of their labor into her Treasury. Thus she has conferred on rural communities immeasurable benefits in rendering the markets accessible to their products, has made possible the establishment of easier inter-course with their neighbors, has caused the improvement of their schools, the facilitation of rural mail -delivery, and has enhanced to an immeasurable -extent the value of their lands. It is reported by the United States Government that, in 1911, more work was done on the roads of Georgia than in any other State, New Y'ork alone excepted.
She has established her College of A~riculture, -and her Agricultural Schools in every District in Georgia, w:here the farmer boys may learn the dignity of their ca1ling, and the high ability and edueation which its intelligent pursuit requires. By the instruction afforded along these lines her citizens are taught the scientific methods of multiplying the

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_products of the soil, and of eradicating those evils which have ever menaced farm life. In the increased production of corn, in soil examination and the scientific application of fertilizers, by the raising of" meat instead of its purchase, stimulated by knowledge of the means for the eradication of diseases of" hogs and cattle, our farms receive a greater charm, and our farmers a larger reward for their labors.
The State provides a Health Department, which supplies facilities for the prevention and cure of infectious and contagious diseases that have threatened our less populous sections. By meam; of its suggestions, those epidemicR which have endang-ered our people have been checked, and their health improved and longevity increased by expenditure of the peoples' money.
And yet. in the enjoyment of all these benefits we have failed to bear in mind that for these blessings enjoyed by our citizens for the first time, money must be paid, and we have overlooked the fundamental principle, the disregard of which means financial dishonor, that our appropriations must not exceed our revenue. Whatever be the temptation to the wise citizen to spend more than his income he curbs his desires and limits his expenditures acco:cdingly. He makes any sacrifices occa-sioned by the scantiness of his purse. A State which desires to maintain its credit and to command the respect of people at home and abroad, can not do otherwise than observe the course of every honest man. Besides

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129

being just, it is befitting that the State should set that example to the citizen which is essential to his welfare.

STATE's FINANCEs.

I desire to impress upon you with a11 the force th~t a solemn duty commands, that it is imperative for you to make an investigation into the financial condition o fthe State, to consider the reasons occasioning the present situation and to take steps for the immediate correction of the eviL It is not the part of the patriot to shut his eyes to danger and to rush heedlessly to ruin. Our wise fore-fathersstatesmen wlho never departed from original principles-beneficiaries of the histories and fatal lessons of other peoples-endeavored by Constitutional provision to safeguard the expenditure of the peoples' money, and by the clearest constitutional mandate to prevent the incurrence of debt. They re-garded the payment of public debt as a matter of public honor, and every Georgian has inherited that lofty conception of public duty.
In 1884, 1890, 1894, 1900, 1908, the people provided by Constitutional amendments for additional classes of pensioners, or Acts were passed in pureuance of such amendments. When the Constitutional amendment limiting the tax rate to five mills was passed in 1904, the sum appropriated to pensions was $865,000.00. In that year the amount appropriated to Publi~ Schools from ad valorem taxes, was $1,000,000.00.

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JorRNAL oF THE SENATE,
Now thQ amount appropriated to Public Schools directly from the Treasury, is approximat~ly $2,00,000.00.
While we are increasing the appropriations on the one hand, we have been cutting off revenue on the other hand.
In 1908, the State received from the hire of convicts the sum of $380,709.44. In 1909 there was received from this source the sum of $184,881.00, or a loss of revenue of $195,818.39. 8ince 1909, nothing has been received into the Treasury from this s'ource. Taking the amount received in 1908 as the basis of the value of the hire of convicts which, of course, is much less than they would bring now, the Treasury of the State will have lost from the beginning of the year 1908 to the end of the year 1913, the sum of $1,718,696.15.
In calling your attention to any of the facts presented, I do not mean to criticise the legislative acts, or to doubt the wisdom of ,any of them. That is beside the question. The immense sum that would have been received into the State Treasury has been expended wisely upon the public highways, and aside from the moral aspect of the question, has enhanced the material prosperity and landed values many times the amount. The State has been splendidly repaid, morally and financially, by the change.
In fact, by caning the attention of the people to the causes of the financial deficit, they will readily support you in any wise measures to remedy the difficulty. When they are taken into your confi-

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131

dence, and are informed how the public moneys were expended for their benefit, and the causes of the ..shrinkage in public revenue, they will cheerfully respond to every statesmanlike effort you may make to solve the problem.
In 1907 the liquor tax amounted to ~33'4,282. 75. In 1908, on account of the Prohibition Law, the total sum received from the liquor tax from near bee~ licenses and from locker clubs, amounted to $48,7'38.03, or a loS's of $285,544.42.
.Since then, taking the report of the Comptroller General of 1913, as a measure, the sum received from near beer licenses, and from locker clubs, amounted to $278,000.00 per annum, making a deficit of about $50,000.00 per annum.
In 1912, the Legislature abolished the Dog Tax amounting to $130,000.00 per year, being t~e amount which it would require the tax on $26,000,000.00 of property to produce.
For many of the foregoing figures I am indebted to the able Chairman of the House Appropriatio~ Committee of 1911-1912.
!In 1904 the people adopted an amendment to the Constitution limiting the tax rate to five mills, thus declaring by their sovereign act in favor of economy in public expenditure and recording their judgment that such levy would be sufficient for the State's discharge of all public functions. The tax levy for the support of public schools for that year was 1-70/100 mills.
Yet, I am official1y informed by the Comptroller

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General that in 1912 the appropriJJ.tions exceeded the anticipated revenue $339,000.00, and the actual revenue $202,000.00, and as you will find by the report of that same officer on your desks, the excess of expenditures over anticipated income in 1913 is $231,562.00, requiring $46,312,400.00 taxable prop-erty to produce it.
Thus you will perceive, that to meet the deficit of these two years alone, taking the anticipated revenue as a basis, an increase of the property of the State subject to ad valorem taxation must be $114,112,400.
You will have observed that the same Legislature. which appropriated $339,000.00 in excess of its anticipated revenue, during the same session cut off $126,000.00 thereof.
JStatistics, to be read and digested, must not be voluminous and I do not burden you with them. Suffice it to say, that the appropriations of 1911 exceeded the revenues, and you will observe that while appropriations were being increased sources of revenue were being lessened and no provision was being made to supply the deficit. The candle was being burned at both ends.

LEGISLATIVE CoNDITIONS.
Having been a member of the Legislature for seventeen years I can sympathize with the members of the General Assemtbly in yielding to the pressing claims made for appropriations. Every heart is responsive to the sentiment that our greatest wealth is in our children, and no one wishes to bear the

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133

responsibility of shutting the door of opportunity to. ()Ur boys and girls by denying them the privileges Of education.
:Every patriotic feeling is aroused by the suggestion that a great State should render comfortable the declining days of the old Confederate Veterans who had imperiled their all in her hour of desperate need.
And eloquent, irresistible appeals can be made for all the objects of expenditure which promise a rich harvest of return from every dollar granted by a meagre appropriation.
Your Appropriation Committees, carefully balancing the receipts and disbursements, and recognizing. th~ primal duty of being just before being generous, report a bill appropriating all that the State's revenue will permit. Some gentleman arises in enthusiastic advocacy of an amendment to inerease a quarter of a million dollars, or more, the allowance for some popular purpose, and woe to him who makes the prosaic suggestion that the State has not the
money r He is stamped in the Legislature and at
home as the enemy of the people, and he sits down, weakened in his influence and misconstrued by his constituents, for having performed his sworn duty.

THE SYSTEM WRONG.
The system is wrong. It is contrary to the theory of our government, which everywhere endeavors to provide a method of checks and balances. It is not so with the present state of our law.

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'
Prior to the Constitutional Amendment of 1904,

limiting the ta:x rate to :five mills, the Governor and

Comptroller General met and levied a ta:x sufficient

to pay all appropriations. If the appropriations

were large, the tax rate was increased, and the con-

stituents at home being called upon for a heavier

drain from their purses, taught a wholesome lesson

to their representatives by refusing to re-elect

them. The public expenditure was therefore a mat-

ter of constant public supervision. This acted as a

check, and reminded the Legislators that heavy ap-

propriations meant increased burdens on the people.

Now, the Legislature can appropriate what it

pleases, and the tax rate remains the same. A mil-

lion, more or less, does' not mean a cent more from

the tax-payer. The Legislator has made. himself a

favorite with his constituency by voting for every

popular appropriation and nothing suffers but the

State's credit. When the crisis arrives, no one

can put his hand upon the one who caused it. He

has yielded to the insistence of those who have

pressed upon him the necessity for each appropria-

tion, and has escaped the condemnation and miscon-

struction of an unpleasant refusal. This situation

is unfair to the Legislator and to the State.

THE REMEDIES SUGGESTED.
In suggesting the remedies for these conditions, it is necessary to consider one marked injustice now placed upon one class of our public servants. The teachers of our State are not paid until nearly a year after their services are performed. The Governor

-

SATURDAY, JuNE 28, 1913.

135

and the State House Officers are paid at appropriate season. T'he Legislator may draw his pay the :first day of the session. Of all the public servants, the teachers, upon whose :fidelity and efficiency depend the future of the children, who do more to shape their destinites than any influence save the parents, must wait nearly a year for their compensation, or be required to suffer the heavy discount of the money lender. I respectfully submit that this is wrong.
Up to the 15th day of June, 1913, not one dollar had been paid on the $2,550,000.00 appropriated to Public Schools.
I believe that if you propose to the people a Constitutional Amendment providing for an extra assessment of one mill for one year, and a half mill for the succe~ing year, in order that the teachers may be paid with greater promptitude and in order that the deficit in the Treasury may be relieved, such proposition will meet with popular approval.
This is the brave and fair way to solve the problem in dealing with the Treasury, and with the teachers, upon whom the future of the children of this State depends more than all the buildings that may house them or the money that may be given them.
To the tax payer who may demur, I submit that if the Constitutional Amendments limiting appropriations be adopted in accordance with my recommendation, the 1% mills extra taxes to be divided between two years will be the most economical and the wisest investment he can make. If they be not approved, the State may expect a heavy increase of

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the deficit until sheer necessity will require a burdensome tax levy or -a drastic taxing law, resulting not . only in a drain upon the people, but in injury to the reputation, enterprise and development of the State.
Should the Legislature deem it wise to submit an extra levy of one mill for only one year, the sum raised would approximate $862,000.00 and would be of great aid in expediting the payment of teachers, although it would not permit their monthly payment, in. view of the present deficit in the Treasury.

PENSIONs AND ScHooLs.

The appropriation for Pensions for 1913 amounts to $1,180,000.00. This is practically the largest sum ever granted to aid those to whom we are all debtors-. The justice of their claims, their heroism, their sacrifice, and their valor, constitute the proud heritage of us all. With each succeeding year their number iii diminishing, and each year this sum may be expected to decrease.
The direct appropriation for Public Schools for 1913 is $1,962,251.00, which is supplemented by the special funds provided by the Constitution. In the report of the Comptroller General you will observe that excepting Public Schools and Pensions, onethird of one mill ad valorem~, tax added to the other revenues of the State would support ever,y other State institution, including the entire civil establishment and the State Sanatorium, which alone annu ally demands nearly $600,000.00.
You will observe by the Comptroller General's

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137

report that a tax of 2% mills, supplemented by the
Constitutional appropriations to education, will raise the amount allowed to the Public Schools for 1913, b~ the largest amount ever granted for the purpoS'e. A direct tax of 1% mills will provide Pensions allowed for 1913, being likewise practically the largest sum ever appropriated.

RECOMMENDATION.
I recommend that you propose Constitutional Amendments which shall provide that the appropria-
tion for schools shall not exceed 2% mills in addition
to the Constitutional appropriation; and shall not exceed 1% mills, or exceed $1,180,000.00, annually for Pensions.
[n the event these amendments are ratified, you will have submitted to the people a practical plan for preserving the State's credit. You will have applied to the State's affairs the same plan now in force under the Constitution in reference to counties, which are required to specify the purposes for Which levy is made. The diminution of the pension fund may be expected, because of the rapid diminution fif the pensioners.
As the wealth of the State in~;reases the 2% mills
for schools will produce a larger sum, and if local taxation, which has ~en suggested by educational authorities as a wise solution of the educational question, should cover a larger territory, the amount .eould be diminiS'hed if it be deemed proper in future years. Thus a flexible system would have been adopted.

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In addition, these funds to Schools and Pensions would be consecrated to their special purposes and their recipients would be relieved from the delays consequent upon other demands. Certainly, in the present condition of the Treasury, any larger appropriations would be futile, as their payments are being longer and longer delayed, and the lack of money would prevent the issuing or honoring of warrants.
The State must be like the father who educates his children according to his means, and certainly every one must pronounce you generous when the apportionment of the rate has been upon the basis of the highest appropriation yet made. And this generosity is emphasized by the fact that during the years for which the appropriations were made, the appropriations exceeded the revenue practically a half million dollars.
In this connection, it may be asked why a similar apportionment for every public purpose should not be made. The answer is obvious. In the case of the State Sanitarium, whose demands are next largest in amount to schools and pensions, the State must provide for the insane, and no Constitutional limit can rationally be made. The sinking fund, the interest on the public debt, the new provision to be made for refunding the bonded debt in 1915, cannot likewise be imperiled by the possible diminution of values through a panic or other financial distress. The same is true of the Legislative expenses, salaries of State House Offiieers, Judges, etc. Other items of expenditure are almost negligible, and the minute
fraction of a mm could not appropriately be made

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139

the subject of a Constitutional Amendment. In fact, the courts and the entire civil establishment could be maintained without the imposition of one dollar ad valorem tax.

REVENUE.
It will be apparent to those who have had legislative service, that unless some check of the nature proposed be made, the increase of revenue will be of no avail in prev;enting the financial embarrassment of the State. under the enthusiasm of the moment one appropriation bill may exhaust it.
Howe,yer, I deem it wise to call to your attention an appropriate source of enlarged revenue, without placing upon the people an unfair burden.
More than four-fifths of the States of the Union derive revenue from what is known-as an inheritance tax. Practically every nation of the world regards this source of income as fair and easily paid. By inquiry from citizens of States where it is in forc-e, I am informed that this tax is the subject of least complaint.
By common law the right to transmit property was a privilege granted by the State, and was not an
inherent right of the citizen. The recipient of a
legacy is a beneficiary of another's' favor and when the tax is moderate and conservative, it is much less burdensome than a tax upon the industry and enterprise of the one whose labor has accumulated the p11operty.
In some States the heritage left to members of the

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JouRNAL oF THE SENATE,

immediate family is exempted, as for example-New Jersey, Texas and Tennessee. In a large number the tax is small upon that property left to the immediate family, but increases in proportion to the remoteneseof the relationship, and is heaviest upon legacies left. strangers. Charitable gifts and those of a similar nature are exempted, as is also a reasonable sum left to members of the family.
It may be well to suggest for your consideration the Constitutional provision of uniformity in the imposition of taxes. Eminent lawyershave given it as their opinion that in Georgia no exemption baS'ed on amount can be granted, nor can the taxes be increased in proportion to the size of the estate~ While legacies or inheritances can be differently taxed in proportion to remoteness of relationship, because of reasonable classification, it is questionable whether a varying rate can be imposed on the same class,. dependent upon amount. Upon this question of law I venture no opinion, but it is advisable to investigatethis position, should you contemplate an inheritance tax law.
It must be admitted that the revenue to be anticipated from this source will be comparatively smali for many years to come, and cannot be made the basis for appropriating money until tested by actual' trial.
This form of tax has been approved by the highest authorities and is one of the easiest borne and subject to fewer hardships than any other. No practical" method has been devised for forcing personal prop-
erty to bear its .just proportion of the expense of

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141

government. The drastic suggestions proposed operate as such hindrances to commerce, become so inquisitorial in character, and are susceptible of so many means of evasion, that all efforts to collect taxes from this source have been unsuccessful. The inheritance tax is to S'Ome extent a corrective.
Thrift, enterprise and economy shauld be encouraged, but the small contribution suggested in the tax laws of other States, when inade by those who enjoy the benefit of others industry and sacrifice, would not be the cause of just complaint among our people.

OccuPATION TAX oN CoRPORATIO::t-lS.

Prior to the year 1905, many efforts were made to

collect an occupation tax from corporations, but in

the judgm~nt of the Legislature the exactions sug-

gested were too severe and imposed a burden toe

oppressive. Governor Terrell, in his message of the

year 1905, called attention to the fairness of a reason-

able charge by the State for granting charters to

corporations; with the privileges accompanying such

corporate life. He suggested in his message, that a

small contribution from each corporation could be

legitimately imposed, and recommended a tentative

privilege tax based on capital stock of $100.00 peD

year on corporations having a capital of one million

dollars, or over. He anticipated from this source

mQre than $100,000.00, a y~ar, .and thought that such

sum eould reasonably be expected without hardship.

Govertto'r .

Terrell

stated

at

the

time

t h a t .i f

this

ffiim.

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JOUR~AL OF THE SENATE,

was not received the tax could be adjusted so as to produce it. The State, however, has not received one-half this sum, and during the year 1913, the estimated revenue from this source is $48,000.00.
I recommend that the maximum occupation tax ou corporations having one million dollars capital and over, be $200.00 per annum, and the tax on corporatio~s of less capital be adjusted accordingly.

EQUALIZATION OF TAXES.

The Democratic Platform of 1912, adopted at
Macon, contains the following language:
''Among the most important matters affecting our State Government, which must be dealt with by the administration, is that of the State's finances. The solution of this question demands the attention and co-operation of all patriotic citizens.
''The State is rich, and no period of its history has shown a greater ratio of growing wealth than the present. But the State government's fiscal system has not developed with the times and the growth of our commonwealth. The period is approaching, if it has not already arrived, when the system must be reformed.
''Some method should be adopted whereby the State's finances will be rehabilitated and precautions should be taken to guarantee that at no time the expenditures wil'l be perrilitted . to exceed the revenues. Our system: of raising taxes has been improved but little since the present Constitution was. adopted. General wealth and the concentration thereof, having

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143

increased to such a great extent and our population becoming so diversified, the method of levying taxes has been reduced to the obsolete and inefficient. The burdens of government should be placed in equal proportions to the benefits conferred and the protection enjoyed. All property should bear in equal measure its share of taxes. None should be taxed excessively and none should be permitted to escape taxation.
"We recommend that the Legislature at its next session make provision for putting into practical effect the above undeniably correct principles of government.''
The foregoing extract from the Democratic creed must meet the approval of all. At this time, with the necessity upon this Legislature of providing for the r~funding of over one-half of the S'tate 's entire~ bonded debt, no revolutionary plan of dealing with our financial system can be attempted. Whenever it is done, if such course should be deemed wise, every feature of the new scheme will be subjected to attack on Constitutional grounds in both State and Federal Courts. No radical experiment should be made at this time.
No objection, however, can be offered to a fair and conservative attempt to justly apportion governmental burdens, without imperil1ing the general income.
It oon not be denied that injustice is done when one man pays taxes on ten per cent of the value of his property, while another pays on fifty per cent.
Equalization of taxes, either through the enforce-

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ment of present laws, or now correctives, so that each may bear his proportionate burden, would not mean the increase of taxes upon any one now performing his duty, but would rather mean the lightening of his unfair portion of the load.
I commend this subject to your attention.

PuBLic EcoNOMY.
In closing this part of my message, I beg to call your attention to the fact that I' have emphasized more than the raising of revenue the necessity of economy. The fundamental doctrine that the exaction of a larger sum from citizens than is necessary for the maintenance of government is tyranny, is often overlooked in legislative assemblies. But the flinction of government in contributing to the welfare and happiness of the citizen is constantly enlarging. With this broadening of the field of its activities within conservative limits is found not only an increasing elevation of citizenship, but an accompanying growth of material prosperity.

BoNDED DEBT TO BE REFUNDED.
An additional reason for e&tablishing and maintaining the State's finances on a sound basis, is the necessity of making provision for more than onehalf of the entire bonded debt of the State, maturing in 1915. This is an imperative duty resting on this Legislature.
In order that your investigation of this subject

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145

may be fa~ilitated I give you the detailed statement of the history and amount of these bonds, which statement is supplied by the State Treasurer:
''Statement of Bonds, State of Georgia, maturing, 1915, quotation of Acts and Code bearing upon Sinking Fund, etc.
Ga. 4% o/o Bonds, Act 1884, issued
1885, due July 1915__________$3,392,000.00 Ga. 31j2 l}'o Coupon Bonds, Act 1894,
issued 1895, due May 1915_____ 287,000.00

Total ----------------------$3,679,000.00
''Act 1884-5, Foli(} 116, No. 60. Sec. 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That his Excellency the Governor be, and is hereby authorized and empowered to issue negotiable bonds of the State to the amount of $3,455,135.00, and negotiate the same for the purpose of raising money to pay off that portion of the principal of the public debt which may fall due during the years 1885 and 1886, said bonds to be issued and negotiated at such times and in such amounts (not exceeding in the aggregate the sum of $3,455,135.00) as the Governor in his discretion may see proper, in order to meet the wantS' of the State, etc.
"There were three deliveries made of bonds under Act 1884, namely: July 1, 1885, 100 bonds $1,000 each $100,000.00 Jan. 1, 1886, 250 bonds $1,000 each_ 250,000.00 May 3, 1886, 3042 bonds $1,000
each ---------- ______________3,042,000.00

Principal -------------------$3,392,000.00

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JouRNAL oF THE SENATE,

Premium of 5/16 on entire issue_ Interest less amount of old bonds
exchanged -----------------Amount received, under resolu-
tion Oct. 13, 1885 ------------

10,600.00 49,927.50 1,730.19

$3,454,257.69
"Act 1894, Folio 127, Ko. 149. The Act provides for the sale of the Northeastern Railroad; to make provision for the discharge of the liability of the State on the bonds of the said Railroad Company, and for this purpose to authorize the issue of bonds of the State, the par value of which shall be equal to the amount of the State's liability by reason of its endorsement upon the bonds of said Company; to authorize the exchange of said bonds with the holders of the indorsed bonds, and to provide for the sale of so many of sai;:l bonds as may be necessary to pay such of the indorsed bonds as shall not be thus exchanged, and on all accrued interest on said indorsed bonds, and for other purposes, etc.
ro Received from sale of 31Jz% bonds $287,063.80
3lj2 bonds and .premiums not
issued ------------------------- 3,000.00 From Receiver N. E. R. R._______ 2,800.00

$292,864.46
"Sec. 914. Code. Ad valorem tax for payment of bonds. The Governor, by and with the assistanee of the Comptroller General, is authorized and empowered annually, beginning in 1910, to levy and assess a tax on the ad valorem value of the taxable property of this State at such rate as may be sufficient to raise the net amount of $100,000, as a sinking:

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147

fund to pay off and retire the valid, outstanding bonds of the State as they fall due as required by article 7, section 14, paragraph 1, of the Constitution. The tax above authorized 1shall be specially levied and collected, and separate accounts of same shall be kept by the treasurer, and the money arising therefrom shall be applied to paying off the valid bonds of the State as they may mature. The amount so raised in the year 1910 shall be applied to paying off and retiring the valid bonds of the State maturing in 1912, and so on continuously, etc.

CONSTITUTION OF GEORGIA.

''Sec. 6571, Code. The General Assembly shall raise by taxation, each year, in addition to the sum required to pay the public expenses and interest on public debt, the sum of $100,000.00, which shall be held as a sinking fund to pay off and retire the bonds of the State which have not yet matured, and shall be applied to no other purpose whatever, etc.'
No sinking fund was provided by law to retire the bonds aggregating $3,679,000.00 which are due in 1915, since it was the intention of the General Asgembly to later make provision for the retirement of this large amount.
The entire State's debt is $6,452, 500.00, which does not mclude the obligations to the University, amounting to $291,500.00, and the Landscript Fund of '$90, 000.00.
. All the qebt of $6,452,500.00 is provided for, or Will_be p~ovided for by the sinking fund required to

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JOURNAL OF THE SENATE,

be raised aJlllually until the entire debt is paid off, except the $3',679,000.00 which falls due in May and July 1915, and excepting the bonds issued under the Act of 1891 and due 1920 amounting to $207,000.00, and those issued under the Act of 1895, and due in 1926, amounting to $230,000.00. No provision is made for the payment of $33,000.00 of bonds which mature in 1935, or of the University obligations.
It should be borne in mind that the fund from the sale of public property applicable only to the payment of the bo:mded debt, now in the Treasuryr amounts to $37,450.00, which will be increasei $107,000.00 in 1915 by the la,st payment due by the South- ern Hailway Company on the purchase of the Northeastern Hailroad.
If refunding bonds were issued in 1915, making the first $100,000.00 fall due in 1935, then the sinking fund could be made to run continuously and retire each year, until paid, $100,000.00 of this series of 1915 refunding bonds.
This plan would seem advisable in order to relieve the Treasury and the people of the increased burden at this time, unless financial conditions at the time of the sale of the bonds should demand that their redemption begin at an earlier period in order to effectuate their more satisfactory disposition.
Many details have been suggested to me in reference to making the investment in these securities the more attractive. Leading bond men in financial centers have stated that if they were certified by some responsible Trust Company, thus assuring their genuineness, and guarding against their being

SATURDAY, JUNE 28, 1913'.

149

counterfeited, and if their validity were approved by attorneys who are specialists in this line, the expense would be more than repaid in the price that could be obtained. These are matters which you can determine upon appropriate investigation.
Certainly no safer investment can be afforded than these bonds. By our Constitution the issuance of any new bonds, excepting to refund old ones, is prohibited. Likewise the State is forbidden to incur any new debt. All the State's property, including the Western & Atlantic Railroad, is pledged as security for its bonds, and the Western & Atlantic Railroad is worth three times the entire debt of Georgia. If every bond of the State were paid today from the sale of its railroad alone ove:r ten million dollars would be left in the Treasury.
No Southern State, and so far as I know can any State, make such a showing. By Constitutional provision whatever else may remain unpaid, the interest on the public debt and the Sinking Fund to retire its bonds, must first be provided.
Free from every tax, Federal, State County and Municipal, we c.an offer these ohligations of a prosperous State as possessing every attraction that can be offered to the investor.
I recommend that through your appropriate Committees yon consider at once the matter of refunding the State's indebtedness above referred to.

REGISTRATION OF VoTERS.
''There is nothing of more importance than the protection of the purity of the ballot, for.
-~

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JOURNAL OF THE SENATE,

upon the franchises of the citizens the liberties of all must depend for perpetuation. However, the citizen should be encouraged to exercise the privilege of voicing his opinion in the conduct of his government. Severe and unnecessary restrictions should not be countenanced.
"We believe the present registration law should be so amended that when a voter has once proven his qualification by registering and being enrolled, he shall remain a registered voter unless disqua1ified for cause due to himself. Permanent registration would stop the confusing difficulties now besetting the voter and provide a safe method for protecting the integrity of the ballot. We trust the next Legislature will amend the present law."
The foregoing extract from the last platform upon
which I was elected, expresses a principle which de-
serves universal acceptance. It contemplates no
change of the Constitution which provides for the qualification of the voter. It recommends no amend-
ment which would degrade the requisites of suffrage.
It only endorses the passage of legislation that will
render easy the exercise of the inalienable right to
vote by the man entitled to vote.
The farmers of a neighborhood have duly regis-
tered, but the succeeding year when busy with their
crops they can not send their taxes to the collector by
some neighbor going to town, except on penalty of
being disfranchised.
' The. traveling men who have registered one year
c.an not send their remittances the next year to the

SATURDAY, JUNE 28, 1913.

151

proper officer, and so it is with men in every calling who perform civic duties and who have overlooked the last da:y of registration, or have been prevented from registering anew by compelling reasons. The professional politician never forgets.
The registrars must in any event purge the list. If the citizen has moved into a new community and if he was not registered the year before, he may be re- quired to register in accordance with the present law.
But I reccommend that the present registration law be amended to correct the injustice indicated. It would always be assumed that the voter must have paid his taxes and not subjected himself to any of the disqualifications provided by law.
To place the present hardship upon the people is as indefensible as for Nero to have rendered it difficult for the people of Rome to learn its laws by placing them on a wall beyond their vision.

HIGHWAYS.
It is needless to impress upon you the importance of our highways. Their value is an asset of the entire State. The family that receives its daily mailT the farmer who hauls his product to market, the school with its improved facilities, are all debtors to good roads.
A student of the subject has declared that every hard rain, in Georgia damages its roads more than one million dollars, due to unscientific construction. An intelligent Highway Commission, or Commissioner, clothed with proper authority, could be the

152

JouRNAL oF THE SENATE,

means of untold benefit in suggesting proper methods of building the road adapted to the locality, or in solving the problems of engineering which might arise in various sections. This proposition was embodied in the original Bill placing convicts on the roads, and was only defeated by one vote in the House. Its wisdom has been recognized by my predecessors and I concur in their recommendations.

wESTERN & ATLANTIC RAILROAD.

I call your attention to the Western & Atlantic Railroad, the lease of which terminates in 1919. The wise disposition of this property requires the most enlightened statemanship, and in view of its immense value, probably three times that of the entire State's debt, immediate consideration should be given to this splendid heritage of our Fathers.
Like any other proposition involving business judgment, this subject demands painstaking care am investigation. The suggestion has been made that at its terminals there is appurtenant much property un. necessary for railroad purposes, and which could be utilized by the State without damaging the railroad, at a largely increased revenue.
Whether this be true, and if true what arrangement should be made with such property, calls for accurate and detailed knowledge. The Western & Atlantic Railroad belongs to the entire State, and during the period of our darkest hours it supplied with funds our scanty Treasury and constituted the guarantee of our school fund.

SATURDAY, JUNE 28, 1913.

153

No one, I apprehend, would or should consider its sale, but the problem of its disposition should be considered by a commission with directions to report its recommendations and its reasons' therefor.
To delay this matter will mean to put the State at
the inexcusable disadvantage of unpreparedness when the time arrives for imperative action.
CRIMINAL LAw.
One of the fundamental purposes of government is the protection of life and safety of the citizen. While our people are law abiding, the enforcement of law must depend upon the machinery provided by the Legislature. If the rules of evidence are so shaped as to prevent the dis'covery of the truth, and if the State is deprived of the means of sifting the facts, the judges and juries are not to be blamed if crimes
are allowed to go unpunished.
In the reconstruction period, when antagonism existed between emancipated slaves and their former masters, it may have been essential that the white man, struggling for his existence, be allowed to make a statement possessing a value superior to all sworn evidence. This was a law of necessity, whi~h grew. out of the exigencies of the time.
But conditions have changed. It is an anomaly that a defendant should take the stand, make any statement that he sees fit, or that his shrewd lawyer has prepared, and being immune from cross-examination, demand that the judge shall charge the jury that they may accept his unsworn statement in preference to all the evidence in the case.

154

JOURNAL OF THE SENATE,

His carefully written statement may contain all manner of prejudicial assertions which constitute no defense, but the State is not allowed to disprove or to question them. The jury is by law instructed that they may consider them. Without introducing evidence, in order that his attorney may make the last speech, he declares that he can prove assertions by various witnesses, often disreputable men, and challenges the Solicitor-General to introduce them. This <!an not be done because the State can not vouch for their character.
This practice of making a statement under the provision of law now existing is scarce, if it be of force anywhere outside of Georgia. It's a provision ,which acquits guilty men and places almost insuperable obstacles in the way of their conviction. As a lawyer defending a guilty man, I should like the practice. From the standpoint of a legislator, seeking to render safe the life and property of the citizen, and charged with the obligation of making proper provision for the enforcement of the law, I believe it should be abolished.
Leading lawyers of this State, interested in the welfare of its citizenship, doing a large criminal practice, have urged upon me the wonderful corrective influence such an act would accomplish.
I, therefore, recommend that a law be passed abolishing the defendant's statement, and providing in its place that be be sworn as a witness, if he desires, but his failure to be so sworn be not subject to adverse comment by prosecuting counsel. This is in accordance with current Federal and State law.

SATURDAY, JUNE 28, 1913'.

155

PISTOLS.
The legislation in Georgia against carrying concealed weapons has in recent years been conspicuous.. It has been suggested by the law of self-preservation. Daily we read of men who have shot others, and have been acquitted on the old statement that the deceased threw his hand on his hip-pocket, and the defendant shot in fear of his life. When searched, the dead man was found generally unarmed.
I do not believe in the severity, so much as the certainly and celerity, of punishment. It often-times happens that for the purpose. of having a weapon repaired, or for other innocent reason, a man may technically violate the law. In such a case his punishment should be nominaL There are many who carry concealed weapons with the temptation to swiftly use them upon the slightest provocation.
If the carrying of concealed weapons were made a felony, subject to be reduced to a misdemeanor by either judp:e or jury, the deterrent effect of s11ch a law would be the saving of many a life. I earnestly recommend to you the consideration of this question.

BANKING LAWS.
The banks of a State. are necessary instrumentalities in the conduct of its commerce. They are important factors in the development of any community. Any measure which will stimulate economy and sav~ ing on the part of a citizen is wise, and to do this, confidence in our banking institutions should be established.

156

JoeRNAL OF THE SENATE,

They perform public functions, and as such are properly subjected to governmental supervision. The bankers of the State, with the desire of maintaining a high standard of responsibility and of affording guarantees against improvident management that imperils the money of the people, recommend legislation looking to the accomplishment of these objects. I commend this subject as one worthy of your serious consideration.

AUDITOR.

My predecess!ors have recommended the creation

of the position of State Auditor, and in this recom-

mendation I heartily concur.



No business dealing with the annual disbursement

of six million dollars, would fail to provide for such

supervision of its expenditures. The Legis'lature

constantly appropriates money to be used in a speci-

fic way, but no means are provided for seeingthat the

legislative mandate is complied with.

When the drain on the treasury is heaviest, it often

happens that demands are made for warrants which

could be delayed if the Governor had the adequate

information from an auditor.

His services could be utilized in checking the cost

of new buildings for which requests may be made by

the various institutions. Thos!e who have served on

the Appropriation Committees are aware of the

inadequate facilities of the State in arriving at the

amount of the necessary expenditures.

Such an officer would many times repay the State

the small amount of his salary.

SATURDAY, JUNE 28, 1913.

.157

CoNSTITUTIONAL AMENDMENTs.

The Constitution is the expression of the supreme



law of the land. It can only be changed by the people

speaking in their sovereign capacity. In order that

they may vote intelligently on any proposition it is

essential that they understand it.

I have noticed a growing disposition to submit

amendments for ratification or rejection by referring

to the Article and Section of the Constitution, con-

veying no intimation to the voter of the question

proposed. I recommend that in proposing Constitu-

tional Amendments, yon plainly indicate the proposi-

tion to the voter in such language that he may under-

stand the meaning_ of the question submitted.

AGRICULTURAL ScHOOLs.
The Agricultural Schools are doing a magnificent work along the lines for which they have been organized. In this field of education is one of the most splendid opportunities of the State. The stimulation of interest in them and the desire to enjoy the opportunities they afford would be of inestimable value.
My predecessor has called attention to the fact that some of the Schools are well attended, while others receive little patronage, whether due to the matter of location, or lack of interest, or from what eause, I am unable to say. Each obtains the same appropriation from the State for maintenance. I recommend that you investigate their condition, and apply the proper remedies.

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JouRNAL OF THE SENATE,

GENERAL APPROPRIATION BILL.



Allow me to suggest that the Constitution placeS" upon the Executive as well as the Legislature, the-

duty of squaring the expenditures with the income.

When the Appropriation Bill is submitted to him on

the last days of the session he must either approve it,..

or call an extra session. If he disapproves an item

it :must be passed over his veto, or be re-introduced

as a new bill. I trust you may ::find it expedient to

transmit to me the General Appropriation Bill ten

days before your adjournment, in order that it may

be considered in the light of the State's resourcesr

By co-operation we may be enabled to arrive at some

plan of solving :financial difficulties that would be-

helpful to the State.

CoNCLUSION.
In concluding what I have had to say in the way of recommendations, it is needless repetition to recount the many blessings enjoyed by Georgians today, which their State never possessed before. And yet, within the last few years her citizens, through Constitutional Amendments and Legislative Acts have added heavily to her expenditures. Their Representatives, with the approval of their constituents, have diverted from the Treasury, the enormous sum of approximately two million dollars. This has been since the limitation of the taxing rate. Shall Georgia deprive her children of their educational opportunities? Shall the schools which teach her girls the domestic accomplishments and render

SATURDAY, JUNE 28, 1913.

159

home attractive be closed Shall she be forced to caB on distant States for trained intellects to solve her agricultural, her technical and scientific problems t , Shall work on her roads, with all its hlessmgs, be lessened~ I apprehend no Georgian will permit a backward step.

It is, however, absolutely necessary that we recognize the principle of economy, and resolutely decline to appropriate more than our income.

Character is as essential as knowledge, and is pre-

ferable to generosity, and to limit our debts to our

income is a fundamental requisite of the State. Even

if it means sacrifice for a season, it will be a whole-

some lesson to our citizens, and will emphasize the

homelier virtqes that make a strong, provident and

self-reliant people. The passing of an appropriation

bill without the means to pay it is of no aid to the

beneficiary, and is not a credit to the Representatives

who pass it.

\.

To no detail or plan am I wedded. Those remedies 1 have suggested have largely been a development of the thought of others. My long legislative experience and observation have approved them. They are riot spectacular, but practical. If other plans which accomplish the same result occur to you, I should gladly accept them. I am wedded to no :specific corrective.

Georgia is your State and. mine. Within her borders I was born and by her schools was I educated. With you, I love her people and every acre of her broad domain. I am ready to unite with every one

160

JouRNAL oF THE SENATE,

of you in any endeavor to maintain and advance her unexampled prestige as the fairest in the sisterhood of States.

Governor.
On motion of Senator Harrell the joint session was dissolved, and the Senators returned to the Senate Chamber.
T'he Senate was called to order by the President.
Leaves of absence were granted Mr. Harrell for several days on account of important business, and to Mr. McGregor for Monday's session.
Upon motion the Senate adjourned until Monday at 11 o'clock A. M.

MoNDAY, JuNE 30, 1913.

161

SENATE CHAMBER, ATLANTA, GA.
Monday, June 30, 1913.
The Senate met pursuant to adjournment at 11 o'clock A. M., and w~s called to order by the President.
Prayer was offered by the Chaplain. Upon motion the call of the roll was dispensed with. Upon motion the reading of the Journal was dispensed with. The following Senate Bills were read the first time, to-wit:
By Mr. Bush-
A bill to provide for the teaching of agriculture in the public schools of Georgia.
Referred to Committee on Education.
By Mr. RichardsonA bill to amend an Act creating a system of pub-
lic s'chools for the City of Oglethorpe. Referred to Committee on Education.
By Mr. Bush-
A bill to provide for the appointment of stenographic reporters for the Grand Juries of this State.

162

JouRNAL oF THE SENATE,

-

Referred to General Judiciary Committee.

By Messrs. Olliff and Pope-
A bill to change the time of meeting of the General Assembly so as to provide for biennial sessions.
Referred to General Judiciary Committee.

By Mr. Searcy-
A bill to make it unlawful for any person,' firm or corporation owning any newspaper, magazine, etc., to advertise for themselves' or others any alcoholic liquors, the sale of which is prohibited by law.
Referred to the Committee on Temperance.
The following resolution was read the first time, to-wit:

By Mr. Tarver-
A resolution providing for the appointment of a commission to investigate the necessity of a State sanitarium for ''dope fiends'' and inebriates.
Referred to the Committee on Hygiene and Sanitation.
The following House Res'Olution was read and tabled, to-wit:

By Mr. Garlington-
A resolution inviting Ron. Herbert Myrick to address the General Assembly on July 15, 1913.

MoNDAY, JuNE 30, 1913.
The following House Bill was read the second time, to-wit:
A bill to provide for the holding of a special elec-
tion for Senator of the United States from the State of Georgia for the term beginning March 4, 1913, and ending March 3, 1919.
The following communication was read:
Athens, Ga., June 27, 1913.
President, Senate, Atlanta, Ga. Athens, through it's Mayor, invites the State Leg-
islature to come to Athens: for a day as our guests. Chamber of Commerce joins me in this invitation.
H. J. RowE, Mayor.
Upon motion of Mr. Longino, the invitation was unanimously accepted for Saturday, July 12, 1913.
Upon motion the Senate adjourned until tomorrow morning at 11 :30 o'clock.

Hi4

.JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLA~TA, GA.
July 1, 1913.
..
The Senate met pursuant to adjournment at 11 :30 o'clock A. M., and was called to order by the President.

Prayer was offered by the Chaplain.

Upon the call of the Roll the following Senators answered to their names :

Brown, John W. L. Bulloch, R. 0. Burtz, A. H.
Bush, w. J.
Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Hixon, J. T. Huie, G. M. Irwin, M. D.

Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. l\foore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T. Pope, Le,

Those absent were Messrs.-

Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. 1\L Tyson, C. M. Y\""atts, J. N. }\b. PRESIDENT.

Allen, John T.

Harrell, G. Y.

]Hiller, B. S.

Upon motion the reading of the Journal of yesterday's session was dispensed with.

The following House Bill was read the third time and put upon its passage, to-wit:
By Messrs. Wimberly, Fowler and Mii1er of BibbA bill to provide for the holding of a special elec-

TuESDAY, JuLY 1, 1913.

165

tion for Senator of the United States from the State .of Georgia for term beginning March 4 1913, and ending March 3, 1919.
This was an engrossed bill, and upon its passage the ayes were 36, nays 0.
The bill having received the requisite Constitutional majority was passed.
The bill was ordered immediately transmitted to the House of Representatives.

The following resolution was read the first time and referred to the Committee on Rules, to-wit:

By Mr. Kea---=-
A resolution changing the name of the Standing Committee on Immigration and Labor to the Committee on Commerce and Labor.
The following is the list of Standing Committees for the ensuing two years :

Standing Committees of the Senate.

-Dickey, :Perry.

ACADEMY OF BLIND. JONES, S. E., Chairman. KELLY, Vice-Chairman.
Foster,

166

JouRNAL oF THE SENATE,

AGRICULTURE.

CHENNAULT, Chairman. PERRY, Vice-Chairman.

Brown,
Bush, Dickey,
Hixon, Huie,
Jones, S. E., Jones, W. W.,

:McGregor, Moore, .Peyton, Pope, Hushin, Searcy, Watts

APPROPRIATIONS.

STARK, Chairman. CoNVERSE, Vice-Chairman.

Allen, Bulloch,
Burtz, Ford,
Huie, Irwin, .Moore,

Parrish, Peyton, Richardson, Smith, Taylor, Turner .

AUDITING.

rrAYLOR, Chairman. McGREGoR, Vice-Chairman.

Bulloch, Pope.

Jones, W. W.,

TuESDAY, JuLY 1, 1913.

167

BANKS.

HurE, Chairman.

STARK, Vice-Chairman.

Brown, Chennault, Converse, Irwin,

.Johnson, Jones, S. E., Perry.

COMMERCE AND J;ABOR.

FoRD, Chairman.

KEA, Vice-Chairman.

Converse, Longino, Perry,

'rurner, \Vatts.

CONGRESSIONAL AND LEGISLATIVE REAPPORTIONMENT.

SwEAT, Chairman.

ELKINs, Vice-Chairman.

Converse, DuBose,

'rarver.

CONSTITUTIONAL AMENDMENTS.

HARRELL, Chairman.

BuRTz, Vice-Chairman.

Bush, DuBose, Elkins, Hixon, Kea,

Kelly,
Searcy, Spinks, Sweat, rryson.

168

JOFRNAL OF THE SENATE,

CORPORATIONS.

BuRTZ, Chairman. IRwiN, Vice-Chairman.

Olliff, Perry, Rushin,

Tyson, Watts.

COUNTY AND COUNTY MAT'nm,R.

R-csHIN, Chairman. MooRE, Vice-Chairman.

Dickey, Foster, Jones, W. W., Pope,

Taylor, Tyson, Watts.

EDUCATION.

FosTER, Chairman. SMITH, Vice-Chairman.

Bush, Chennault, Converse, Hixon, Irwin, Jones, S. E., Longino,

McGregor, Richardson, Searcy, Sweat, 1'urner, Parrish.

TuESDAY, JuLY 1, 1913.



ENGROSSING.

OLLIFF, Chairman. PoPE, Vice-Chairman.

Bulloch, .Jones, W. W.,

Moore .

Kelly, Foster,

ENROLLMENT.
TYsoN, Chairman. TAYLOR, Vice-Chairman.
Kea, Searcy.

FINANCE.

Mn.LEB, Chairman.

CHENNAULT, Vice-Chairman.

:Brown, Bush, Converse, DuBose, ~es, S. E., McNeil,

Miller, Perry, Richardso:s, Rushin, Spinks, Tarver.

:Dickey,

HALLS AND ROOMS.
BULLOCH, Chairman. FoRD, Vice-Chairman.
Elkins.

170

JouRNAL OF THE SENATE1

HYGIENE AND SANITATION.

JOHNSON, Chairman. RICHARDSON, Vice- Chairman.

DuBose, Hixon.

Longino,

INSURANCE.

DuBosE, Chairman. BusH, Vice-Chairman.

Chennault, Harrell,
Johnson,

Jones, S. E., McNeil, Rushin.

INTERNAL IMPROVEMENTS.

JoNEs, W. W., Chairman. HIXON, Vice-Chairman.

Kelly,

Longino.

l!,oster, Irwin.

JOURNALS. KELLY, Chairman. RusHIN, Vice-Chairman.
McGregor,

TuESDAY, JuLY 1, 1913.

171

GENERAL JUDICIARY.

.McNEIL, Chairman. ALLEN, Vice-Chairman.

Burtz, Elkins, Ford, Harrell, Irwin, Kea,. Miller, Olliff,

Sweat, Smith,
~tark,
Spinks, Tarver, Turner, Tyson.

SPECIAL JUDICIARY.

ELKINs, Chairman. TARVER, Vice-Chairman.

Ford, Foster1 Irwin, . Kea,
Miller.

Olliff, Searcy, Stark, Tyson,

MANUFACTURES.

BusH, Chairman. TURNER, Vice-Chairman.

Bulloch,

Burtz.

172

JOURNAL OF THE SENATE,

MILITARY AFFAIRS.

CoNVERSE, Chairman.

McGREGOR,-Vice-Chairman.

Elkins, Longino, McNeil. Richardson,

Smith, Taylor, Tyson,

MINES AND MINING.

Tarver.

MooRE, Chairman. WATTS, Vice-Chairman.
Tyson,

PENrrENTIARY.

TARVER, Chairman.

BuLLocH, Vice-Chairman.

Burtz, Johnson, Jones, W. W., Moore, Olliff,

Parrish, Peyton, Pope. Rushin, Taylor,

PENSIONS.

Mille:s., McNeil,

McGREGOR, Chairman. SEARCY, Vice-Chairman.
Perry, Stark,

TuESDAY, JuLY 1, 1913.

173

PRIVILEGES AND ELECTIONS.

KEA, Chairman. JoNEs, W. \N., Vice-Chairman.

Harrell,

Peyton.

Brown,

PRIVILEGES OF FLOOR. RICHARDSON, Chairman. FoRD, Vice-Chairman.
.Johnson.

Huie,

PUBLIC LIBRARY. PARRISH, Chairman. FosTER, Vice-Chairman.
Moore.

Bush.

PUBLIC PRINTING. DICKEY, Chairman. OLLIFF, Vice-Chairman.
Foster,

174

JouRNAL oF THE HousE,

PUBLIC PROPERTY.

WATTs, Chairman.

JONES, S. E., Vice-Chairman.

Burtz, Chennault,

DuBose, E;.inks.

PUBLIC ROADS.

Brown. Burtz, Parri$h,

TuRNER, Chairman.
DICKEY, Vice-Chairman.
Rushin, Sweat,

RAILROADS.

PEYTON, Chairman.

HARRELL, Vice-Chairman.

Elkins, Ford, Jones, S. E. Spinks,

Sweat, Tarver, Watts,

Allen, McNeil, Smith,

RULES.
THE PRESIDENT, Chairman ex-officio. MILLER, Vice-Chairman.
Spinks. Stark,

TuESDAY, JuLY 1, 1913.

17fi

SCHOOL FOR DEAF.

Smith,

PoPE, Chairman. HIXON, Vice-Chairman.
Taylor.

STATE OF REPUBLIC.

Harrell. Hixon,

PERRY, Chairman. McNEIL, Vice-Chairman.
Miller,

STATE SANITARIUM.

LoNGINo, Chairman.

JoHNSON, Vice-Chairman.

Brown, Foster, Huie, Irwin. McGregor,

Olliff, Kelly, Richardson, Rushin, Taylor,

TEMPERANCE.

Allen, Bulloch,

HIXON, Chairman.
SEARCY, Vice-Chairman.
Bush, Converse,

176
Dickey, Elkins. Ford, Kelly, McNeil,

JOURNAL OF THE SENATE,
Miller, Parrish, Stark, Sweat,

UNIVERSITY OF GEORGIA.

ALLEN, Chairman.

DuBosE, Vice-Chairman.

Huie, Johnson, Longino.

Miller, Peyton,

WESTERN & ATLANTIC RAILROAD.

BRowN, Chairman. SPINKS, Vice-Chairman.

.Allen, Chennault, DuBose, Harrell, Huie, McNeil,

:Miller, Parrish. Smith, Stark,
Sweat, Tarver,

Th.e following Senate bills were read the first time:

By Mr. Tyson-
A bill to amend Section 5010 of the Code of 1910, providing for appeals in forma pauperis so that theaffidavits so filed may be disproved.

TUESDAY, JuLY 1, 1913.

177

Referred to the General Judiciary Committee.

By Mr. StarkA bill to provide a permanent registration for
voters of this State. Referred to the General Judiciary Committee.

By Mr. Stark-
A bill to amend Sections 38 and 60 of the Civil Code of 1910, so as to provide that T'ax Collectors shall not close their voters' books until 30 days before an election.
Referred to the General Judiciary Comm,ittee.

By Mr. Sweat-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Ware.
Referred to Committee on Counties and County Matters.

By Mr. Sweat-
A bill to amend Sections 80 and 111 of Volume 1, of Civil Code of 1910, in relation to elections, how and when held, for members of the General Assembly and county officers.
Referred to the General Judiciary Committee.

178

JOURNAL OF THE SENATE,

By Mr. Searcy-

A bill to require the Clerks of Courts of this State having jurisdiction to forfeit bonds, to keep a docket of all such forfeited honds, etc.
Referred to the General Judiciary Committee.

By Mr. Searcy-
A bill to amend Section 961 of the Code of 1910, relative to proceedings to forfeit recognizances.
Referred to Special Judiciary Committee.

By Mr. Tyson-
A bill to amend Section 1037, Paragraph 4, of the Penal Code of 1910, relating to the competency of husband and wife as witnesses in criminal proceedmgs.
Referred to the General Judiciary Committee.

By Mr. Taylor-
A bill to amend Article 7, Section 2, Paragraph 3, of the Constitution of Georgia, relative to poll tax.
Referred to the Committee on Finance.

By Mr. Bush-
A hill to repeal Section 388 of the Penal Code of 1910, relating to the jurisdiction of prosecutions for using abusive or obscene language.
Referred to the General Judiciary Committee.

T'UESDAY, JuLY 1, 1913.

179

By Mr. Elkins. A bill to provide for the publication of the reports of the Supreme Court and the Court of Appeals.
Referred to the Committee on Public Printing.

By Mr. Elkins-
A bill to amend Paragraph 2, Section 1, Article 11, of the Constitution, so as to create the new County of Trentlen.
Referred to Committee on Constitutional Amendments.

By Mr. Elkins-
A bill to amend Section 4252, of Volume 1, of the Code of 1910, relative to attorneys' fees.
Referred to General Judiciary Committee.

By Mr. Kea-
A bjll to provide for an Agricultural School in the 12th Congressional District.
Referred to the Committee on Education.

By Mr. Tyson-
A bill to amend Section 340 of the Penal Code of 1910, so as to make malicious oral defamation a libel.
Referred to the General Judiciary Committee.
~.c,-.,.,,.,.

180

JOURNAL OF THE SENM.rE,

By Mr. Elkins-
A bill to provide for the registration of birth., and deaths in this State.
Referred to the Committee on Hygiene and Sanitation.
'l'he following resolution waS' read the first time, to-wit:

By Mr. McNeil-
A resolution providing for a new Great Seal of the State.
Referred to the Special Judiciary Committee.
Upon motion the Senate adjourned until tomorrow at J1 o'clock A. M.

WEDNESDAY, JULY 2, 1913.

181

SENATE CHAMBER, ATLANTA, GA.
July 2, 19'13.

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

Prayer was offered by the Chaplain.

Upon the call of the Roll the following Senators answered to their names:

Allen, John T.

Irwin, M. D.

Brown, John W. L. Jones, S. E.

Bulloch, R. 0.

Jones, W. W.

Burtz, A. H.

Johnson, J. F.

Bush, W. J.

Kea, Fred,

Chennault, N. B. Kelly, 0. L.

Converse, W. L. Longino, J. T.

Dickey, R. L.

McGregor, C. E.

DuBose, R. T.

McNeil, W. D.

Elkins, 0. H.

Moore, J. H.

Ford, L. L.

Olliff, W. M.

Foster, A. H.

Parrish, C. H.

Hixon, J. T.

Perry, Grant D.

Hnie, G. M.

Peyton, J. T.

Pope, Le, , Richardson, C. H.
Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

T!hose absent were Messrs.-

Miller, B. S.

Harrell, G. Y.

The Journal of yesterday's proceedings was read and confirmed.

Mr. Ford, Vice-Chairman of the Committee on Halls and Rooms, submitted the following report:

Mr. President:

Your Committee on Halls and Rooms beg leave to report that we have so far, been a:ble to arrange for

182

JouRNAL OF THE SENATE,

the following rooms in the Capitol Building: 120, 324 and 314, and the Historical Room in the Library (by courtesy of Mrs. Cobb), for the use of Standing Committees of the Senate.
Respectfully submitted, L. L. FORD, Vice-Chairman.

The following resolution was read the first time and tabled, to-wit:

By Mr. Sweat-
A resolution providing for jojnt meetings of the Senate and House Committees on Constitutional Amendments to hear and report upon all bills proposing to create new counties.
The following resolution was read the first time, to-wit:

By Mr. Peyton-
A resolution providrng for a joint commission of five members of the present General Assembly to receive offers for sale or exchange of the present Executive Mansion.
Referred to Committee on Public Property.
The following bills were read the first time, to-wit:

By Mr. Peyton-
A bill to create the Department of Public Roads and Highways.

WEDNESDAY, JULY 2, 1913.

183

Referred to the Committee on Public Roads.

By Mr. PeytonA bill to amend Section 1207 of 2d Volume of new
Code of Georgia, in reference to felony convicts.
Referred to Committee on Public Roads.
By Mr. Peyton-
A bill to prevent the sale of boots and shoes as of leather construction, when other material is substituted therefor in the manufacture.
Referred to Committee on Agriculture.

By Mr. Peyton-
A bill to amend Section 1 of an Act passed by the General Assembly in 1911 to regulate and control the sale of fertilizers:.
Referred to Committee on Agriculture.

By Messrs. Watts an,d Smith-
A bill to amend Paragraph 2, Section 1, Article 11, of the Constitution of Georgia, so as to create the new County of Griggs.
Referred to Committee on Constitutional Amendments.

By Mr. ElkinsA bill to require publication of monthly and quar-

184

JouRNAL OF THE SENATE,

terly statements of receipts and disbursements of public funds by municipal and county officers.
Referred to Committee on Counties and County Matters.

By Mr. T'aylor-
A bill to amend Paragraph 2, of Section 1, of Article 11, of the Constitution of Georgia, so as to create the new County of Atkinson.
Referred to Committee on Constitutional Amendments.

By Mr. MeNeilA bill to prohibit the erection of obstructions, in
such proximity to railroad tracks, as to make them dangerous.
Referred to Committee on Railroads.
By Mr. SearcyA bill to prohibit sale of pistols or revolvers in
this State.
Referred to Special Judiciary Committee.

By Mr. McNeil-
A bill to amend Section 414 of the Penal Code, prohibiting running of freight trains on the Sabbath, etc.
Referred to the Committee on Railroads.

WEDNESDAY, JULY 2, 1913.

185

By Mr. Kea-
A bill to make it unlawful for any farm laborer to
unlawfully abandon his contract.
Referred to the Committee on Agriculture.

By Mr. MeNeil-
A bill to define and regulate the treatment and control of dependent and Q,elinquent children.
Referred to the General Judiciary Committee.
Leave of absence was granted Mr. McGregor until next Tuesday.
Upon motion the Senate adjourned until tomorrow: .at 10 o'clock A. M.

18f)

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
July 3, 1913.

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

Prayer was offered by the Chaplain.

Upon the call of the Roll the following Senators answered to their names:

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, V{. J. Chennault, N. B. Oonverse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T.

Huie, G. M. Irwin, M. D. Jones, S. E . .Jones, \V. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McNeil, W. D. Moore, J. H. Olliff. W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Tlhose absent were Messrs.-

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

McGregor, C. E. Miller, B. S.

The Journal of yesterday's proceedings was read and confirmed.
'Dhe following joint resolution was read and adopted, to-wit:

By Mr. StarkA res:ol"!Jtion providing that when the General As-

THURSDAY, JULY 3, 1913.

187

sembly adjourns today it be until Monday, July 7, at 11 o'clock A. M.
The following resolution was read and tabled, to. wit:

. By Mr. Huie, by request:A resolution 'tendering the use of the ISenaite Chamber to Mrs. S. E. Cunningham, Mrs. H. H. Felton and others on the evenings of July 9 and 10, for the purpose of delivering addresses on ''The Scope of the Elective Franchise.''
An invitation was read and accepted from Dr. George Brown inviting the Senate to be ".ttis guestS' at the Grand Opera House on the evening of July 3, to witness Edison's. talking pictures.
'Ifue following message was received from the House through Mr. Boifeuillet, the Clerk thereof.

Mr. President:

The ~ouse has adopted the following resolution of the Senate, to-wit:

A resolution that when the General Assembl

journs today the same will stand adjo ed until

Monday, July 7,1913, at 11 o'cloc~:M.

'

The following bills were rea~Ailie first tim~, to-wit:

By Mr. Peyton/ ~ A bill to amend Paragraph 2, of Section 1, of Art-
icle 11, of the Constitution/of Georgia, so as to cre-
.ate the new County ofAVarner.
/
/
I
'

188

JouRNAL OF THE SENATE,

Referred to Committee on Constitutional Amendments.

By Mr. HixonA bill to :fix the salaries of county treasurers. Referred to Committee on Counties and County .
Matters.

By Mr. Olliff-
A bill to amend Section 612, Code of 1910, relative to :fish4tg in certain waters.
Referred to Committee on Counties and County Matters ..

By Mr. DuBose-
A bill to ap~oint members of Board of Trustees of Branch Colleges from the Board of Trustees of the University of Georgia in rotation.
Referred to Committee on University of Georgia.

By Mr. Sweat-

~~

ill to require school attendance or instructioll

of childre specified ages, for a minimum period.
Referred to,~ttee on Education.
' '\
By Mr. Sweat-

'\.
A. bill to amend an'-:Act providing for a system of

draining and reclaiming swamp lands.

Referred to Committee~On Finance.
~
\

\

THURSDAY, JULY 3, 1913.

189

By Mr. DuBoseA bill to make the President of the Board of Trus-
tees of South Georgia Normal College ex-officio a member of the Board of Trustees "f the University of Georgia.
Referred to Committee on Education.
The following House resolution was taken from the table, to-wit:

By Mr. Garlington of Richmond-
A resolution inviting Hon. Herbert Myrick, of Springfield, IlL, to address the General Assembly July 15, 1913.
Mr. Allen offered the following amendment: Add after the word 1913, in twelfth line, the words ''at 12 o'clock M."
The amendment was adopted and the resolution as amended was adopted.
Leave of absence was granted Mr. Ford until next Thursday, and to Mr. Searcy for today's session.
Upon motion the Senate adjourned until Monday at 11 o'clock A. M.

190

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
July 7, 1913.

The Senate met pursuant to adjournment at 11 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 :

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Tyson, C. M. Watts, J. N. MR. PRESIDENT.

'Uhose absent were Messrs.-

Ford, L. L.

McGregor, C. E. Turner, S. M.

The Journal of last Thursday was read and approved.
'Tihe following Senate bilfs were read the :first time:

.By Messrs. Huie and AndersonA bill to amend Paragraph 1, Section 2, Article 3,

MONDAY, JULY 7, 1913.

191

of the Constitution, so as to increase the number of State Senators.
Referred to Committee on Constitutional Amendments.

By Mr. KeaA bill to provide for the relief of Wm. B. Kent,
as practicing attorney in this State.
Referred to the General Judiciary Committee.

By Mr. BushA bill to amend Section 2945 of the Code of 1910,
relative to grounds for divorce.
Referred to the General Judiciary Committee.

By Mr. Peyton-
A bill to amend Act approved August 17, 1908, to require all railroad companies of this State to equip their locomotives with electric lights.
Referred to the Committee on Railroads.

By Mr. Olliff-
A bill to amend Paragraph 2, gection 7, Article 6, of the Constitution.
Referred to Committee on Constitutional Amendments.

By Mr. McNeil-'-A bill to repeal Section 31 of the General Insur-

192

JouRNAL oF THE SENATE,

ance Act, known as House Bill 752, and for other purposes.
Referred to the Committee on Insurance.

By Mr. Dickey-
A bill to amend Section 2798 of the Code of 1910 relative to suits: against railroads.
Referred to Committee on Railroads.

By Mr. McNeil-
A bill to provide for the establishment of kindergartens in this State.
Referred to the Committee on Education.
By unanimous consent the following bill was withdrawn from the General Judiciary Committee, and referred to the Penitentiary Committee:
A bill to give all courts of original jurisdiction in this State authority in certain caJSes to so mold their sentences as to allow defendants upon, a rendition of a verdict of guilty, to serve same outside of the confines of the penitentiary.
Mr. McNeil moved to take from the table the foll?wing resolution, which was tabled last Thursday:

By Mr. Huie-
Resolved, that the use of the Senate Chamber be tendered to Mrs. S. E. Cunningham and others on -the evening of J ulv 9 and 10.

MoNDAY, JuLY 7, 1913.

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

Those voting in the affilrmative were Messrs.-

Bulloch, R. 0. Dickey, R. L. Elkins, 0. H. Hixon, J. T. Huie, G. M.

Irwin, M. D. Longino, J. T. McNeil, W. D. Miller, B. S. Moore, J. H.

SeMcy, W. E. H. Sr. Spinks, W. E. Tarver, M. C. _Tyson, C. M. Watts, J. N.

Those voting in the negative were Messrs.-

BrQwn, John W. L. Jones, S. E.

Burtz, A. H.

Jones, W. W.

Bush, W. J.

Kea, Fred,

Chennault, N. B. Olliff, W. M.

DuBose, R. T.

PatTish, C. H.

RatTell, G. Y.

Peyton, J. T.

Pope, Le, Smith, E. L. Stark, W. W. Sweat, J. L. Taylor, G. W.

Those not voting were Messrs.-

Allen, John T. Converse, W. L. Ford, L. L. Foster, A. H.

Johnson, J. F. Kelly, 0. L. McGregor, C. E. Perry, Grant D.

The motion was lost.

I:lichardson, C. H. Rushin, M. E. Turner, S. M.

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

Mr. President:

The House has adopted the following resolution ()f the House, to-wit:
A resolution accepting an invitation extended by
the City of Augusta to the General Assembly to visit that city July 16, 1913.

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

194

JOURNAL OF THE SENATE,

A resolution inviting Hon. Herbert Myrick to address the General Assembly July 15, 1913.
The following resolution of the House was read and concurred in:

By Messrs. Garlington, Olive and Picquet:
A resolution accepting an invitation of the City of Augusta to the General Assembly to visit that city on Wednesday, July 16, 1913.
The following resolution was read and adopted:

By Mr. Kea-
Resolved, by the Senate, that the Standing Committee known as the Immigration and Labor Committee be changed to the name of Commerce and Labor.
The following Senate bill was read first time:

By Mr. Longino-
A bill to regulate the practice of medicine in this State.
Referred to the Committee on Hygiene and Sanitation.
The following bill of the Senate was withdrawn from the Finance Committee and referred to the Insurance Committee:

By Mr. OlliffA bill to require the holders of insurance policies

MONDAY, JULY 7, 1913.

195

to return the cash surrender value of such policy for taxation.
The following Senate bill was withdrawn from the General Judiciary Committee and referred to the Insurance Committee:

By Mr. Bush-
A nill to regulate and control the organization and operation of insurance companies in this State.
Leave of absence was granted Mr. Turner for today's session on account of urgent business.
On motion the Senate adjourned until tomorrow morning at 11 o'clock.

196

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
July 8, 1913.

T'he Senate met pursuant to adjournment at 11 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-:

Allen, John T.

Jones, S. E.

Brown, John W. L. Jones, W. W.

Bulloch, R. 0.

Johnson, J. F.

Burtz, A. H.

Kea, Fred,

Bush, W. J.

Kelly, 0. L.

Chennault, N. B. Longino, J. T.

Converse, W. L. McGregor, C. E.

Dickey, R. L.

McNeil, W. D.

DuBose, R. T.

1\filler, B. S.

Elkins, 0. H.

Moore, J. H.

Foster, A. H.

Olliff, W. M.

Harrell, G. Y.

Parrish, C. H.

Hixon, J. T.

Perry, Grant D.

Huie, G. M.

Peyton, J. T.

Irwin, M. D.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

T!hose absent were Messrs.-
Ford, L. L.

Mr. Tarver gave notice that at the proper time he would move to reconsider the action of the Senate in accepting invitation to visit the City of Augusta on July 16.
'Tihe Journal of yesterday was read and approved.

Mr. Tarver moved to reconsider the action of the

TuESDAY, JULY 8, 1913.

197

Senate in adopting the following joint resolution on yesterday:

By Messrs. Garlington, Olive and Picquet-

A resolution accepting an invitation from the City of Augusta to the General Assembly to visit that city on July 16, 1913.
On this motion the ayes and nays were ordered and the vote is as follows :

Those voting in the affitrmative were Messrs.-

Elkins, 0. H. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M. J:ohnson, J. F. Kea, Fred, Longino, J. T.

M<'Gregor, C. E. McNeil, W. D. Moore, J. H.
Olliff, W. M. Parrish, C. H. Perry, Grant D. Pope, Le,

Richardson, C. H. Searcy, W. E. H. Sr. Stark, W. W.
Tarver, M. C. Taylor, G. W. Turner, S. M. Watts, J. N.

ThoS'e voting in the negative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L.

Dickey, R. L. DuBose, R. T. Irwin, M. D. Jones, S. E. Jones, W. W. Kelly, 0. L.

:Miller, B. S. Peyton, J. T. Rushin, M. E. Smith, E. L. Sweat, J. L. Tyson, C. M.

Those not voting were Messrs.-.

Ford, L. L.

Spinks, W. E.

Ayes 22, Nays 19.

The resolution was reconsidered.

On motion of Mr. DuBose the following joint resolution of the House was adopted as amended:

198

JouRNAL oF THE SENATE,

By Messrs. Garlington, Olive and Picquet-
A resolution accepting the invitation of the City of Augusta to the General Assembly to visit that city on July 16, 1913.
The amendment is as follows :
.Amend by striking out the words Wednesday, July 16th and inserting in lieu thereof the words, Saturday, July 19, 1913. Further amend by adding the following words after July 19; 1913, that the General Assembly shall stand adjourned for that day, and the same be declared dies non.
By unanimous consent the following Senate bills were read the first time :

By Mr. HuieA bill to declare it a misdemeanor to draw and
utter any check, draft or order when the drawer has not at the time sufficient funds to meet same.
Referred to the Committee on Banks.

By Mr. Huie-
A bill to amend the Act reapportioning the several Congressional districts by adding Clayton County to the Fifth Congressional District.
Referred to the Committee on Congressional Reapportionment.

By Mr. Harrell-
A bill to fix the salary of the Solicitor-General of the several courts of this State.

TuESDAY, JuLY 8, 1913.

199

Referred to the General Judiciary Committee.

By Mr. Harrell-
A bill to provide for holding monthly meetings of the Board of County Commissioners of Stewart County.
Referred to Committee on Counties and County Matters.

By Mr. Hixon-
A bill to amend an Ac.t to more thoroughly carry into effect the provisions of an Act to prevent the adulteration of foods.
Referred to the Committee on Agriculture.

By Mr. HarrellA bill to create and authorize the appointment of
notaries public for the State at large.
Referred to the General Judiciary Committee.

By Mr. Hixon-
A bill to amend Section 12, of Article 7, of (he Constitution by adding thereto the words ''Or for the purpose of enabling the State to pay promptly when due the salaries of teachers in the public school's.''
Referred to Committee on Constitutional Amendments.

200

JouRNAL OF THE SENATE,

By Mr. Hixon-
A bill to provide for the s~nitation of bakeries,
canneries, restaurants, meat markets, etc., in this State.
Referred to the Committee on Hygiene and Sanitation.

By Mr. Harrell-
A bill to require all firms or corporations offering to sell mixed paints in this State to label the contents showing the per cent. of minerals contained therein.
Referred to the General Judiciary Committee.

By Mr. Huie-
A bill to amend Section 5298 of Volume 1, of the Code of 1910, relating to garnishments.
Referred to the Committee on Banks.
By unanimous consent Senator Miller of the 24th District was added to the Committee on Education.
On motion the Senate adjourned until tomorrow morning at 11 o'clock.

WEDNESDAY, JULY 9, 1913.

201

'SENATE CHAMBER, ATLANTA, GA.,
Wednesday, July 9th, 1913.

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

Prayer was offered by the Chaplain.

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

Allen, John T.

Jones, S. E.

Brown, John W. L. Jones, W. W.

Bulloch, R. 0.

Johnson, J. F.

Burtz, A. H.

Kea, Fred,

Bush, W. J.

Kelly, 0. L.

Chennault, N. B. Longino, J. T.

Oonverse, W. L. McGregor, C. E.

Dickey, R. L.

McNeil, W. D.

DuBose, R. T.

Miller, B. S.

Elkins, 0. H.

Moore, J. H.

Foster, A. H.

Olliff, W. M.

Harrell, G. Y.

Parrish, C. H.

Hixon, J. T.

Perry, Grant D.

Huie, G. M.

Peyton, J. T.

Irwin, M. D.

_Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

'Dh:ose absent were Messrs.-
Ford, L. L.
The Journal of yesterday was read and approved.
The following message was received from the House through Mr. Boifeui1let, the Clerk thereof:

Mr. President:
The House has adopted the following joint resolution of the House, to-wit:

202

JouRNAL oF THE SENATE,

A resolution inviting Senator Hoke Smith to address the General Assembly.
The House has passed by the requisite Constitutional majority the following joint resolution of the HouBe, to-wit:

A resolution to authorize the payment of the earned salary of the Insurance Clerk under Section 248 of the Code of 1910.

Mr. President:
I am instructed by his Excellency the Governor, to deliver a sealed communication in writing to which he respectfully invites your attention in executive session.
The following invitation was extended the Senate:
The Senate of Georgia is cordially invited to attend the sessions of the Georgia Woman's Suffrage Association's Annual Convention. The opening session will be held tonight at eight o'clock at a place not yet determined. Also another session tomorrow night. The business session will be held at the Labor Temple, 112 Trinity Ave., Thursday, beginning at ten o'clock. To all these meetings the presence of the members of the :Senate is desired.
MARY L. McLENDON, Pres. KATHERINE KocH, Sec.

On motion to accept the above invitation, the ayes and nays were ordered, and the vote was as follows.

WEDNESDAY, JuLY 9, 1913.

203

Before the roll call was completed Mr. Miller moved to table the motion to accept the invitation.

On this motion the ayes and nays were ordered, and the vote is as follows. Before the roll call was completed Mr. Miller moved to withdraw his motion to table the invitation. This motion prevailed.

Mr. Stark moved to table the invitation, and on this motion the ayes and nays were ordered, and the vote was as followsa

Those voting in the affirmative were Messrs.--

Brown, John W. L. Johnson, J. F.

Burtz, A. H.

Kea, Fred,

Bush, W. J.

Kelly, 0. L.

Oonverse, W. L. Olliff, W. M.

Foster, A. H.

Parrish, C. H.

Harrell, G. Y.

Peyton, J. T.

Huie, G. M.

Pope, Le,

Jones, W. W.

Richardson, C. H. Rushin, M. E. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Taylor, G. W.
'

ThoS'e voting in the negative were Messrs.-

Allen, John T. Bulloch, R. 0. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Hixon, J. T.

Irwin, M. D. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H.

Perry, Grant D. Searcy, W. E. H. Sr.
Tarver, M. C. Turner, S. M. Tyson, C. M. Watts, J. N.

'Dhose not voting were Messrs.-

Chennault, N. B. Ford, C).

Jones, S. E.

Ayes, 22 ; nays, 18.

The invitation was tabled.

:204

JOURNAL OF THE SENATE,

Mr. Chennault, 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 Senate, which I am instructed to report back to the 8enate with the recommendation that the same do pass, to-wit:
A bill to more thoroughly carry into effect the provisions of an Act to prevent the adulteration of food for man and beast, and for other purposes.
Respectfully submitted,
N. B. CHENNAULT, Chairman.

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

Mr. President:

The Committee on Corporations has had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend the charter of the City of Athens, approved August 24th, 1872, and for other purposes.
Respectfully submitted,
WJ. BuRTz, Chairman.

Mr. Huie, Chairman of the Committee on Banks

submitted the following report:

'

WEDNESDAY, JULY 9, 1913.

205

Mr. President:
The Committee on Banks has had under consid-eration 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 declare it a misdemeanor to draw and utter any check, draft, or order, where the drawer has not at the time, sufficient funds "to meet the same, etc.
Respectfully submitted, G. M. Hum, Chairman.

Mr. Rushin, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
The Committee on Counties and County Matters have had under consideration the following Senate bills, which they instruct me to report with the recommendation that they do pass, to-wit:
No. 15. A bill to amend Act creating Board of Commissioners of Roads and Revenues for Charlton County.
No. 73. A bill amending Act creating Board of Commissioners of Roads and Revenues for Ware County.
The Committee has also had under consideration

206

JOURNAL OF THE ::;ENATE,

the following Senate bill, which they instruct me toreport with the recommendation that it do not pass, to-wit:
No. 91. A bill to amend Section 612 of Code of 1910 relative to fishing.
Respectfully submitted,
M. E. RusHIN, Chairman.

The following resolution was read:

By Mr. MeNeal-
A resolution extending the use of the Senate to the Georgia Woman's Suffrage Association at night on July 9th and lOth.
On this resolution the ayes and nays were ordered,. and the vote was as follows:
Mr. Stark moved to table the resolution and the ayes and nays were ordered and the vote was as: follows:

Those voting in the affirmative were Messrs.-

Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Foster, A. H. Harrell, G. Y.

H:uie, G. M. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Olliff, W. M. Parrish, C. H.

Peyton, J. T. Pope, Le, Rushin, M. E. Smith, E. L. Stark, W. W. Sweat, J. L. Taylor, G. W.

Thos'e voting in the negative were Messrs.-

Dickey, R. L.

Elkins, 0. H.

Hixon, J. T.

WEDNESDAY, JULY 9, 1913.

207

Irwin, M. Il. Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D.

Miller, B. S.

Spinks, W. E.

Moore, J. H.

Tarver, M. C.

Perry, Grant D. Turner, S. M.

Richardson, C. H. Tyson, C. M.

Searcy, W. E. H. Sr, Watts, J. N.

'Tihose not v~ting were Messrs.-

Allen, John T.

DuBose, R. T.

Ford, L. L.

Ayes, 22; nays, 18.
The motion prevailed and the resolution was tabled.

The following Senate bills were read first time:

By Mr. Smith (by request)-
A bill to amend Section 1, Paragraph 2, Article 11, so as to provide for the creation of Hansell County.
Referred to Committee on Amendments to Constitution.

By Mr. DickeyA bill to amend :Section 4828 of the Code of 1910. Referred to General Judiciary Committee.

By Messrs. Pope and Olliff-
A bill to amend Section 112 of the Civil Code of Georgia.
Referred to Committee on Counties and County Matters.

208

JouRNAL oF THE SENATE,

By Mr. SearcyA bill to make it unlawful for any officer to deliver
any prisoner to another person not authorized by law to extort testimony.
Referred to Committee on Penitentiary.
The following Senate resolutions were read first time:

By Mr. Foster-
A resolution to appoint a committee from the Senate and House to secure certain information as to the sale of the A. B. & A. R. R.
Referred to Committee on W. & A. R. R.

By Mr. Tarver-
A resolution providing that all applications for , use of the Senate be referred to the Committee on
Halls and Rooms.
This resolution was adopted.
The followmg joint resolution of the House was read and adopted:

By Mr. Miller of BibbResolved, that the Ron. Hoke Smith be invited to
address the General Assembly. Committee on part of the Senate are Senators Huie and Hixon.
By Messrs. Hardeman and MooreA resolution to authorize the payment of Uu'

WEDNESDAY, JuLY 9, 1913.

209

earned salary of the Insurance Clerk under ,Section 248 of the Code of 1910.
Referred to Committee on Appropriations.
Upon motion the Senate adjourned untilll o'~lork A.M. tomorrow.

210

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA. Th~rsday, July 10, 1913.

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

Prayer was offered by the Chaplain.

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

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W._J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie. G. M.

Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S.
Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

On motion the reading of the Journal was dispensed with.

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

Mr. President:
The House has concurred in the Senate amendments to the following joint.resolution of the House.

THURSDAY, JULY 10, 1913.

211

A resolution to accept an invitation to visit the City of Augusta.
The following message was received from the House through Mr. Boifeui1let, the Clerk thereof:

Mr. President:
The Speaker has appointed the following members as Committee on part of the House to confer with Senator Hoke Smith relative to arranging a date on which he will address the General Assembly, to-wit:
Messrs. Miller, Slade, Adams of Hall.

Mr. Sweat, Chairman of the Committee on Congressional and Legislative Reappointment, sub.mitte<:I the following report:

Mr. President:
The Committee on Congressional and Legislative Reappointment have 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 Reapportion the various Congressional Districts of this State so as to take Clayton County from the Sixth Congressional District and place said county in the Fifth Congressional District.
Respectfully submitted, J. L. SwEAT, Chairman.

212

JouRNAL OF THE SENATE,

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

Mr. P1esident :
The Committee on Appropriations has had under consideration the fol1owing House resolution which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A resolution to authorize the .payment of the earned salary of the Insurance Clerk under Section 248 of the Code of 1910.
Respectfully submitted, W. W. STARK, Chairman.

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

Mr. President:
The Committee on Education 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 regulate the reading of the Holy Bible in opening the public schools.
A bill to amend an Act creating a system of public schools for the City of Oglethorpe.
Respectfully submitted,
A. H. FosTER, Chairman.

THURSDAY, JULY 10, 1913.

213

Mr. Elkins, Chairman of the Special Judiciary Committee, submits the following report:

Mr. President:
The Special Judiciary Committee has had under consideration the following Senate bills which I am instructed to report back to the Senate with a recommendation that the same do pass to-wit:
Senate Bill No. 16, to amend the City Court of Jefferson so as to change the terms of said court.
And Senate Bill No. 42, to amend the City Court of Jefferson so as to provide for a st.enographer.
Respectfully submitted, 0. H. ELKINS, Chairman.

At 11.15 o'clock the Senate went into Executive Session.
On motion the following bill was recommitted to the General Judiciary Committee.

By Mr. Huie-
A bill declaring it a misdemeanor to draw and utter a check or draft when the drawer has not sufficient funds to pay said check or draft.
The following Senate bills were read second time:

By Mr. Olliff-
A bill to amend the Act creating the Board of Commissioners of Roads and Revenues of Charlton County.

214

JouRNAL OF THE SENATE,

By Mr. DuBose-
A bill to amend the charter of the City of Athens, approved August 24th, 1872, in regard to paving the streets.

By Mr. Bush-
A bill to regulate the reading of the Bible in opening the public schools of this State.

By Mr. Stark-
A bill to amend the Act creating the City Court of J e:fferson, approved July 16, 1903.

By Mr. Hixon-
A bill to carry into effect an Act to prevent the adulteration, misbranding and imitation of food for men and beast.

By Mr. Stark-
A bill to amend the Act creating the City Court of Jefferson, approved July 16, 1903', so as to provide an official Stenographer for said Court.

By Mr. Richardson-
A bill to amend the Act creating a system of public schools for the City of Oglethorpe.

By Mr. SweatA bill to amend the Act creating a Board of Corn-

THURSDAY, JULY 10, 1913.

215

missioners of Roads and Revenue for Ware County, approved August 19, 1912.

By Mr. Huie-:---

A bill to amend the Act Reapportioning the

several Congressional Districts of this State so as

to place Clayton County in the Fifth Congressional

District.



The following joint resolution of the House was read second time.

By Messrs. Hardeman and MossA bill to a~thorize the paY'ment of the earned
salary of the Insurance Clerk. The following Senate bills were read first time:
By Mr. StarkA bill to provide for the vacation of the Judges
of the Superior Courts of this State. Referred to General Judiciary Committee.

By Mr. Parish-
A Bill to amend an Act creating the City Court of Statesboro.
Referred to General Judiciary Committee.

By Mr. McNeal-
A Bill to require all railroads in this State to erect sign boards at certain points along the line.

216

JOURNAL OF THE SENATE,

Referred to the Committee on Railroads.

By Mr. Jones of 21stA bill to transfer Wilkinson County from the
Ocmulgee to the Dublin circuit. Referred to General Judiciary Committee.
By Messrs. Elkins, Kea and Peyton~ A bill to create the new County of Lamar. Referred to Committee on Constitutional Amend~
ments.
By Mr. PerryA bill to require taxes to be paid by all corpora-
tions, companies and associations in the County in which they are by law required to be returned.
Referred to General Judiciary Committee.

By. Mr. RichardsonA bill to revise the school laws of Georgia and
provide for three additional supervisors.
Referred to Committee on Education.

The following Senate bill wa:s withdrawn from the Penitentiary Committee and referred to the Special Judiciary Committee.

By Mr. TarverA bill to give all courts of original jurisdiction

THURSDAY, JULY 10, 1913.

217

authority in certain cases to allow defendants convicted to serve term outside of chaingang.
The following Senate bill was< withdrawn from t:q_e Public Printing Committee and referred to the Special Judiciary Committee.

.By Mr. Elkin-
A bill to provide for the publication of the reports of the Supreme Court and Court of Appeals.
On motion the Senate adjourned until tomorrow morning at 11 o'clock.

211;.

JouRNAL oF THE SENAn.:,

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, July 11th, 1913.

'Ifue Senate met pursuant to aajournment at 11 o'clock was called to order by the President.

Prayer was offered by the Chaplain.

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

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, K. B. Converse. 'N. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le,
Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L.
Tarver, M. C.
Taylor, (l w
Turner, S. M. Tyson, C. M. Watts, J. N. MR. PRESIDENT.

Mr. Huie gave notice that at the proper time he

would move to reconsider the action of the Senate

in recommitting Senat~ Bill No. 107 to the General

Judiciary Committee.

~

The journal of yesterday was read and approved.

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

Mr. President: The House has passed by the requisite Constitu-

],RIDAY, JULY 11, 1913.

219

tional majority the following bills of the House towit:
A bill to create the offi(}e of City Recorder for the City of LaGrange.

A bill to create the new County of Barrow.

A bill to provide upon what conditions and in what manner a foreign fire insurance company may withdraw securities on deposit with State officials.
A bill to amend the Charter of the City of Athens.

Th"e following communication was received from His Excellency the Governor through his Secretary, Mr. Perry.

Mr. President:
I am directed by His Excellency the Governor to deliver to your honorable body a sealed communication in which he invites the consideration of your honorable body in executive session.

Mr. Huie moved to reoonsider the action of the Senate in recommitting the following bill of the Senate from the Committee on Banks to the General Judiciary Committee.

By M;r.-
A bill to make it unlawful for any person to draw a check or draft on any bank if ha has not sufficient _funds to meet said check or draft.

220.

_JouRNAL o.F THE SENATE,

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

Those voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, V.t. L. ]<'oster, A. H.
Hixon, J. T. Huie, G. M. Irwin, M. D. Jones, S. E.

.Jones, vV. W. Johnson, J. F. Kea, Fred,
Kelly, 0. L. Longino, J. T. McGregor, C. E. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant. D.
Pope, Le,

Richardson, C. H . Rushin, M. E. f'earcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Tarver, M. C. Taylor, G. W. Tumer, S. M. Tyson, C. M. Watts, J. N.

Those voting in the negative were Messrs.-

Elkins, 0. H. Harrell, G. Y.

MeNeil, W. D.

Sweoa.t, J. L.

Those not voting were Messrs.-

Dickey, R. L. DuBose, R. T.

Ford, L. L.

Peyton, J. T.

Ayes 35, nays 4. The motion prevailed.
Mr. Foster, Chairman of the Committee on Education, submitted the following report:

.lfr. President :
The Gommittee on Education has had under consideration the following Senate bill which I am instr,ucted to report back to the Senate with the recommendation that the same do paS's to-wit:

FRIDAY, JULY 11, 1913.

221

A bill to prescribe a method of giving notice in writing of charges against members of County Boards of Education.
Respectfully submitted, A. H. FosTER, Chairman.

Mr. Harrell, Chariman of the Committee on Constitutional Amend)ments, submitted tlhe .following report:

Mr. President:
The Committee on Constitutional Amendments have 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- towit:
A bill to amend Paragraph 1, Section 2, Article 3 of the Constitution of Georgia, so as to provide for an increase in the number of Senatorial Districts in the General Assembly, and for other purposes.
Respectfully submitted, G. Y. HARRELL, Chairman.

Mr. Miller, Chairman of the Committee on Finance submitted the following report:

Mr. President:
The Committee on Finance has had under consideration the following Senate lli.ll which I am instructed to report back to the Senate with the recommendation that the same do not paS's to-wit:

222

JOURNAL OF THE SENATE,

A bill to amend Section 1229 of the Civil Code of 1910, by striking the word ''December'' wherever the same occurs and inserting in lieu thereof the word "November" and for other purposes.
Respectfully submitted,
B. S. MILLER, Chairman.

Mr. Johnson, Chairman of the Committee on Hygeine and Sanitation, submitted the following report:

Mr. President:
The Committee on Hygeine and Sanitation have had under consideration the following Senate bills which I am instructed to report back to the Senate with the recommendation that the sam~ do pass, to-wit:
A hill to regulate the practice of medicine in this State.
A bill to provide for the sanitation of bakeries, creameries, restav.rants, etc.
Respectfully submitted,
J. F. JoHNSoN, Chairman.

Mr. Ford, Chairman of the Committee on Commerce and Labor, submitted the following report:

Mr. President:
The Committee on Commerce and Labor has had under consideration the following Senate bills which

FRIDAY, JuLY 11, 1913.

223

I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to require Factories, Workshops and other Industrial Plants to make certain reports to the Department of Commerce and Labor.
A bill to amend Section 130 of Volume 2 of the Code of 1910 so as to give the_Department of Commerce and Labor authority to designate where seats for females .shall be placed in manufacturing and mercantile establishments.
A bill to require factories and workshops to provide proper ventilation and sufficient heat during winter months and for other purposes.
A bill to amend Section 3137 of the Code of Georgia and the Act of the Legislature approved August 21st, 1911, amendatory thereof, regulating the hours of labor in cotton and woolen manufacturing establishments.
Respectfully submitted,
L. L. FoRD, Chairman.

-At 11 :45 o'clock the Senate went into executive eession.
The following Senate bills were read first time.

By Mr. Ford-
A bill to amend Section 2135 and 213'6 of the Code of 1910.
Referred to Committee on Commerce and Labor.

224

JouRNAL oF THE SENATE,

By Mr. Watts-

A bill to amend the Act of the General Assembly approved August 21, 1911, creating the department of Commerce and Labor and for other purposes.

Referred to Committee on Commerce and Labor.

By Messrs. Rushin and Anderson-
A bill to provide for maintaining in. proper condition crossways and other approaches' to public bridges between counties.
Referred to Committee on Counties and County Matters.

By Mr. Perry-
A bill to provide for monthly payments of school teachers and for other purposes.
Referred to Committee on Appropriations. The fol1owing joint resolution was read first time.

By Messrs. Johnson and Moon, by request-
A resolution directing the Governor of Georgia to investigate and give direction to differences between citizens of this State and certain Copper Companies.
Referred to General Judiciary Committee.
The following House bills were read the 1st time.

FRIDAY, JuLY 11, 1913.

225

By Mr. Cook of Chattahoochee and Mr. Wohlwender of Muscogee--
A bill to provide upon what conditions and in what manner a foreign fire insurance company or association doing business in this State which reinsures all its policies and contracts in force in this State may retire and withdraw from the State including any and all securities on deposit with State officials and for other purposes.
Referred to Committee on Finance.

By Messrs. Lipscomb and Rhodes of Clarke-

A bill to amend the charter of the town of Athens,

Ga., and for other purposes.



Referred to Committee on Corporations.

By Messrs. Moon and Hines of Troup County-

A bill to create the office of City Recorder for the Dity of LaGrange; to provide for the election of a City Recorder, to fix his compensation and bond, to define his powers, duties and liabilities and for other purposes.
Referred to Special Judiciary Committee.

By Mr. Adams of Hall County:_
A bill to propose to the qualified electors of this State an amendment to Paragraph 2 of Section 1; Article 11 of the Constitution.of the State of Georgia .as amended by the ratification by the qualified voters

226

,JOURNAL OF THE SENATE,

of this State of the Act approved July 19, 1904, to create the new County of Barrow and for other purposes.
Referred to Committee on Constitutional Amendments.
T'he following Senate bills were read second time.

By Mr. Kea-
A bill to amend Section 3137 of the Code of Georgia of 1910.

By Mr. Kea-
A bill to require factories and work shops to provide proper ventilation and sufficient heat during the winter months.

By Mr. Jones-
A bill to prescribe a method for giving notice in writing charges against members of County Boards of Education.

By Mr. Kea-
A bill to amend Section 130 of Volume 2 of the Code of 1910, relative to Department of Commerce and Labor.

By Mr. Kea-
A bill to require factories, work shops, machine shops and other industries to report to the Department of Commerce and Labor.

FRIDAY, JULY 11, 1913.

227

By Mr. Huie-
A bill to declare it a misdemeanor to draw and utter a check or draft when the drawer has not sufficient funds to meet same.

By Mr. Hixon-
A bill to provide for the sanitation of bakeries, -canneries, restaurants, etc., in this State.

By Mr. McGregor-
A bill to amend the Constitution providing how new counties shall be established.

By Messrs. Huie and Anderson-
A bill to amend Paragraph 1, Section 2, Article 3 of the Constitution so as to increase the numher of Senatorial Districts in this State.

By Mr. Longino-
A bill to regulate the practice of medicine in this 'State.
By unanimous consent the following Senate bill was recommitted to the Committee on Counties and County Matters.

By Mr. Olli:ff-
A bill to amend Section 612 Code of 1910 relative to fishing in certain waters.
'!'he following resolution of the House was read ihird time and put upon its passage.

228

JOURNAL OF THE SENATE,

By Messrs. Hardeman and Moss-
A resolution to authorize the payment of the salary of the Insurance Clerk as provided for in Section 248 of the Code of 1910.
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 affi'I'Illative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. DuBose, R. T. Elkins, 0. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H.

Perry, Grant D. Pope, Le, Rushin, M. E. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.

Those voting in the negative were Messrs.~
McGregor, C. E.

Those not voting were Messrs.-

Dickey. R. L. Ford, L. L.

Foster, A. H. Peyton, J. T.

Ayes 36, nays 1.

Richardson, C. H. Searcy, W. E. H. Sr.

The resolution having received the requisife Constitutional majority was passed.
On motion the Senate adjourned until Monday .1ext at 12 o'clock.

MoNDAY; JuLY 14, 1913.

229

SENATE CHAMBER, ATLANTA, GA.,
Monday, July 14, 1913.

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

Prayer was offered by the Chaplain.

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

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D. Jones, S. E. Jones, W. W. ,Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L.
Spinks, W. E. Stark, W. W.
Sweat, J. L. TarYer, M. C.
Taylor, G. W. Turner, S. M. Tyson, C. M. Wa.tts, J. N.
~fR. PRESIDENT.

The Journal of Friday was read and approved.

rrhe following message was received from the House through Mr. Boifeui1let, the Clerk thereof:

Mr. President:
The House has passed by the requisite Constitutional majority, the following bills of the House, to-wit:
A bill to change the time of holding Superior Court in Johnson County.

230

JouRNAL oF THE SENATE,

A bill to amend an Act creating the Board of
Commissioners of Roads and Revenues for Ben Hill County so as to abolish certain commissioner dis-
iricts.

A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Ben Hill County so as to provide for a Commissioner of .Roads and Bridges.

The following resolutions were read and adopted:

By Mr. Watts-
A resolution extending the thanks of the Senate
to the Mayor and Council and Chamber of Com-
merce of the City of Athens for the hospitable manner in which they so liighly and cordially entertained us on Saturday last.

By :Mr. Huie-
A joint resolution extending an invitation to the Hon. T. Sambola Jones of Louisiana, to address the ,General Assembly on July 15, 1913.
The following Senate bills were read first time:

By Mr. Bulloch-
A bill to amend an Act to establish a State Board of Embalming, approved December 20, 1899.
Referred to Committee on Hygiene and Sanitation.

MoNDAY, JULY 14, 1913.

231

By Mr. Huie-
A bill to require all dealers in garden and agricultural seed to have written or printed on the original packages as sold a prescribed guarantee.
Referred to Committee on Agriculture.

By Mr. Sweat-
A bill to protect and encourage the reproduction, growth and conservation of the pine forests of this State.
Referred to Committee on Agriculture.

By Mr. ElkinsA bill to amend an Act to incorporate the town
of Alma.
Referred to Committee on Corporations.

By Messrs. Bush, Foster and Searcy-
A bill to prohibit any person from enveigling any female under 14 years of age into any house of ill fame, and for other purposes.
Referred to General .Judiciary Committee.

By Messrs. Bush, Foster and SearcyA bill to amend Section 93 of the Penal Code,
and for other purposes. Referred to General Judiciary Committee. 'fhe following House bills were read first time:

~32

J O"C"RNAL OF THE SENATE,

By :Mr. Paulk-
A bill to amend an Act entitled an Act prescribing the duties of the Commissioners of Roads and Revenues of Ben Hill County.
Referred to Special Judiciary Committee.

By Mr. Paulk-
A bill to amend the Act approved August 22, 1907, by repealing the provisions calling for three commissioner districts, regulating term of offi<!e, and for other purposes.
Referred to Special Judiciary Committee.

By Mr. Meyer-
A bill to change the time of holding the Superior Court of Johnson County, and for other purposes.
Referred to Special Judiciary Committee.
The following Senate bills were read third time and put upon their passage:

By :Mr. Richardson-
A bill to amend the Act creating a system of public schools for the City of Oglethorpe.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 36; nays, 0.
The bill having received the requisite Constitutional majority, was passed.

MoNDAY, JULY 14, 1913.

233

By Mr. Olliff-
.A bill to amend the Act creating a Board of Commissioners of Roads and Revenues of Charlton County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 36; nays, 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Stark-
A bill to amend the Act creating the. City Court of Jefferson, approved July 16th, 1903, so as to change the time of holding the sessions of said Court, and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 37; nays, 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Stark-
A bill to amend the Act creating the City Court of Jefferson so as to provide for a stenographer fbr said court.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 38; nn.vs, 0.

234

JOURNAL OF TiiE SENATE,

The bill having received the requisite Constitutional majority, was passed.
On motion, the Senate adjourned until to:rnorrow morning at 11 o'clock.

TUESDAY, JULY 15, 1913.

235.

SENATE CHAMBER, ATLANTA, GA.,
Tuesday, July 15, 1913.

The 1Senate met pursuant to adjournment at 11 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.
Upon the call of the roll, the following members answered to their names :

Allen, John T.

Jones, S. E.

Brown, John W. L. Jones, W. W.

Bulloch, R. 0.

Johnson, J. F.

Burtz, A. H.

Kea, Fred,

Bush, W. J.

Kelly, 0. L.

Chennault, N. B. Longino, J. T.

Converse, W. L. McGregor, C. E.

DuBose, R. T.

McNeil, W. D.

Elkins, 0. H.

Miller, B. S.

Ford, L. L.

Moore, J. H .

Foster, A. H.

. Olliff, W. M.

Harrell, G. Y.

Parrish, C. H.

Hixon, J. T.

Perry, Grant D.

Huie, G. M:.

Peyton, J. T.

Irwin, M. D.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

'Ilhose absent were Messrs.-
Dickey, R. L.

The Journal of yesterday was read and approved.

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

Mr. President:
The Committee on Corporations have had under <>onsideration the following Senate bills, which 1

"236

JouRNAL OF THE SENATE,

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 Colquitt, in lieu of the town of Colquitt:
A bill to amend the charter of the City of Colquitt.
The Committee has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend the charter of the town of Athens. Respectfully submitted, A. H. BuRTz, Chairman.

Mr. Olliff, Chairman of the Committee on Engrossing, 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 the following bills of the Senate, to-wit:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Charlton County.
A bill to amend the Act creating the City Court of Jefferson, approved July 16, 1903.
A bill to amend the Act creating a system of public schools for the City of Oglethorpe, Ga.

TUESDAY, JULY 15, 1913.

237

A bill to amend the Act creating the City Court of Jefferson so as to change the time of holding the sessions of said court.
Respectfully submitted,
W. M. OLLIFF, Chairman.

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

Mr. President:
The General Judiciary Committee has had under consideration the following hill of the Senate which it instructs me to report back to the Senate with the recommendation that the same do pass by substitute.
A bill to provide for verdicts and judgments to be rendered at the appearance term of the City and Superior Courts of this State, and for olher purposes.
Respectfully submitted, W. D. McNEIL, Chairman.

The following message wa.s 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 authorize and empower the Commissioners of Roads and Revenues of Dougherty

238.

JouRNAL OF THE SENATE,

County to contribute to the support of the hospital operated in Albany by the Albany Hospital Asso~
ciation.

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

Mr. President:
The Rouse has concurred in the following resolution of the Senate, to-wit:
A resolution to invite Hon. T. Sambola Jones to address the General Assembly Tuesday, July 15th, 1913.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President: I
The House has adopted the following joint resolution of the House, to-wit:
A resolution, that the House and 8enate meet in joint session on Friday, July 18th, 1913, at 12 o'clock M., for the purpose of hearing the address of Senator Hoke Smith.
Mr. Elkins,. Chairman of the Special Judiciary Committee, submitted the following report:

Mr. President :
The Committee on Special Judiciary has had under consideration the fo11owing Senate bills which

TUESDAY, JULY 15, 1913.

239

I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:

A bill to amend an Act creating City Court of Fitzgerald, so as to provide for compensation of court stenographers in criminal cases, etc.

A bill to amend an Act creating the City Court of Statesboro.
The Committee on Special Judiciary has had under consideration the following Senate bills which I am instructed to report back to the Senate with recommendation that the same do pass by substitute, to-wit:
A bill to give all courts of original jurisdiction in the State of Georgia authority in certain cases so to mold their sentences as to allow defendants, upon rendition of a verdict of guilty, to serve same outside the confines of the chaingang, jail, or other places of detention, under the supervision of the court, and for other purposes.

The committee has also had under consideration the following Senate resolution which I am instructed to report back to the Senate with recommendation that' ithe same do pass by substitute, to-wit:

A resolution m regard to a new Great Seal of State.

The committee has also had under consideration the follo~ng House bills which I am instructed to

240

JouRNAL OF THE SENATE,

report back to the Senate with recommendation that the same do pass, to-wit:
A bill to change the time of holding Superior Court of Johnson County.
A bill to amend an Act approved August 22, 1907, by repealing the provisions calling for three commissioner districts, regulation, term of office, and for other purposes, Ben Hill County.
A bill to amend an Act entitled an Act to prescribe the duties and powers of the Commissioners of Roads and Revenues in and for Ben Hill County.
Respectfully submitted, 0. H. ELKINs, Chairman.

Mr. Watts, Chairman of the Public Property Committee, submits the following report:

Mr. President:
The Committee on Public Property has had under consideration the following resolution of the 1Senate which it instructs me to report back to the Senate with the recommendation that the same do not pass:
A resolution to appoint a committee of the 8enate und House to receive offers for the sale of the Elxceutive Mansion.
Respectfully submitted, J. N. WATTS, Chairman.

On motion, the following Senate bill was re-committed to the Education Committee:

Tu~SDAY, JUDY 15, 1913.

241

By Mr. Searcy-
A bill to regulate the reading of the Holy Bible in the public schools of this State.
The following Senate bill was read third time and put upon its passage:

By Mr. Jones of 39th Dist.A bill to prescribe a method of giving noti~e in
writing of charges against members of County Boards of Education.
Report of the Committee was agreed to as amended.
Upon the passage of the bill the ayes were 32; 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 8th and 9th lines of Section 1 the words ''of Education.''
Senate bill No. 34 was tabled.
The following Senate bill ~s re-committed to the Hygiene and Sanitation Committee:

By Mr. Longino-
A bill to regulate the practice of medicine in this State.
The following joint resolution of the House was read and adopted:

:.!42

JouRNAL oF THE SENATE,

By Mr. Miller-
A resolution convening the Senate and House in joint session at 12 o'clock noon, Friday, July 18.
The hour of 12 o'clock having arrived for the joint session of the General Assembly to listen to addresses of Hon. Hutbert Myrick of Springfield, Ill., and Hon. T. Sambola Jones of Louisiana, representing Panama Pacific Exposition, the Senate repaired to the Hall of the House of Representatives, and was called to order by the President.
At the conclusion of the addresses, the joint session was dissolved, and the Senate returned to the Senate Chamber and was called to order by the President. The hour of adjournment having arrived, the Senate stood adjourned until tomorrow morning- at 11 o'clock.

WEDNESDAY, JuLY 16, 1913.

243

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, July 16, 1913.

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

Prayer was offered by the Chaplain.

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

Allen, John T.

Irwin, M. D.

Brown, John W. L. ,Jones, S. E.

Bulloch, R. 0.

Jones, W. W.

Burtz, A. H.

Kea, Fred,

Bush, W. J.

Kelly, 0. L.

Chennault, N. B. Longino, J. T.

OOnverse, W. L. McGregor, C. E.

Dickey, R. L.

McNeil, W. D.

DuBose, R. T.

Miller, B. S.

Elkins, 0. H.

Moore, J. H.

Ford, L. L.

Olliff, W. M.

Foster, A. H.

Parrish, C. H.

Harrell, G. Y.

Perry, Grant D.

Hixon, J. T.

Peyton, J. T.

Huie, G. M.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

'Illiose absent were Messrs.-

Johnson, J. F.

The journal of yesterday was read and approved.
Mr. Olliff, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing report that they have examined and found properly engrossed and

244

JouRNAL OF THE SENATE,

ready for transmission to the House, the following Senate Bill to-,wit:
A bill to prescribe a method of giving notice in writing of charges against members of County Boards of Education.
Respectfully submitted,
W. M. OLLIFF, Chairman.

Mr. Harrell, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. President :
The Committee on Constitutional Amendments have had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass by substitute, to-wit:
A bill to amend Paragraph, 2 Section 1, Article 11, of the Constitution of Georgia, so as to create the County of Milledge.
Respectfully submitted,
G. Y. HARRELL, Chairman.

Mr. Chennault, Chairman 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

WEDNESDAY, JULY 16, 1913.

245

instructed to report back to the Senate with recommendation that the same do pass, to-wit:
A bill to put in force the constitutional amendment ratified at the November election in 1912, of Article 7, Section 2, Paragraph 2, of the Constitution of this State so as to exempt from taxation, farm products.
A bill to require all dealers in garden and agricultural seeds to have written or printed on the original packages as sold, a prescribed guarantee.
The committee has also had under consideration the following Senate bills which I am instructed to report back to the Senate with recommendation that the same do not pass, to-wit:

, A bill to regulate the meshes of seins, nets and traps in the waters of this State.

A bill to amend Section 1, of an Act entitled an Act to regulate and control the sale of fertilizers in this State.
Respectfully submitted,
N. B. CHENNAULT, Chairman.

Mr. Richardson, Vice Chairman of the Committee on Hygeine and Sanitation submitted the following report.

Mr. President:
The Committee on Hygeine and Sanitation have had under consideration the following Senate bill which I am instructed to report back to the Senate

246

JouRNAL OF THE SENATE,

with recommendation that the same do pass as amended, to-wit:

A bill to define who is able to contract marriage and prescribe how marriage license may be obtained.

The Committee have also had under consideration the following Senate Bill which I am instructed to report back to the Senate with recommendation that the same do pass to-wit:

A bill to regulate the practice of medicine in

Georgia.

Respectfully submitted,

.

C. H. RICHARDSON, Vice Chairman.

.Mr. Peyton, Chairman of the Cammittee on Railroads, submitted the following report:

Mr. President :
The Committee on Railroads, have bad under consideration the following Senate bill which I am instructed as its Chairman to report back to the Senate with the recommendation that the same do pass to-wit:

A bill to wmend Section 414 of the Penal Code adopted August 15th, 1910, prohibiting the running of freight trains on the Sabbath and for other purposes.
Respectfully submitted,
J. T. PEYTON, Chairman.

WEDNESDAY, JULY 16, 1913.

247

The following message was received from 1the House through r. Boifeuillet, the Clerk thereof:

Mr. President :
The House has passed hy the requisite Constitutional majority the following bills. of the Hous~ to-wit:
A bill to amend the Charter of the City of Griffin.
A bill to amend the Charter of the City of Oglethorpe.
A bill to amend an Act incorporating the town of Unadilla.
A bill to amend the charter of Norwood.
A bill to amend the Charter of the town of Tunnel Hill.
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Miller County.
A bill to create a Board of Commissioners of Roads and Revenues for Chattahoochee County.
A bill to amend the several Acts incorporating the City of Rome.
A bill to amend the charter of the City of Greensboro.
A bill to amend an Act creating a new Charter for the city of Jackson.
A bill to wmend an Act to amend the Charter of the town of Bluffton.

248

JouRNAL OF THE SENATE,

A bill to amend an Act creating Commissioners for Mcintosh County.
A bill to re-arrange the Alhany and Cordele Judicial Circuits.

. A bill to authorize the Mayor and Town Council of Lithonia to issue bonds.

A bill to incorporate the town of Clermont.

1fue House has adopted the following joint resolution to-wit:

A resolution to invite United States Senator Bacon to address the General Assembly in joint sessiOn.

The Speaker appointed as a Committee on the part of the House under the above resolution the following members.
Mes'Srs. Pickett, Connor, Wimberly.

On motion the following bill was taken from the table and put upon the calendar.

By Mr. Kea-
A bill to amend Section 130 of Volume 2, of the Code.
On motion the following Senate bill was recorn mitted to the General Judiciary Committee.

WEDNESDAY, JULY 16, 1913.

249

By Mr. HuieA bill to annend Section 5298, of Volume 1, of the
Code. The following resolution wa.s read and adopted.

By Mr. Anderson-
Resolved that the Committee on Rules be authorized to revise the rules of the Senate as the same appear in the Legislature manual of 1911-12 and submit the revision to the Senate for its approval.
The following Senate hills were read first time.

By Mr. Brown-
A bill to amend the act of the General kssembly approved August 17th, 1908, crEl!ating the \State Board of Veterinary Examiners for this State.
Referred to Committee on Hygiene and Sanita-tion.

By Mr. SmithA bill to amend the Act creating the City of
Edison relative to paving the sidewalks. Referred to Committee. on Corporations.

By Mr. Elkins-
A bill to create a system of public schools for the 'Town of Alma.
.Referred to Committee on Edu~mtion.

250

J-ouRNAL OF THE SENATE,

By :Mr. KeaA bill for the relief of T. B. Sicks of Laurens
County.
Referred to Special Judiciary Committee.

By Mr. Longino_A_ bill to regulate the employment of children in
certain kind of labor. Referred to Committee on Commerce and Labor. The fol1owing House bills were read 1st time.

By Mr. Grimes-
A bill to amend the Act approved August 7th, 1912, creating a Board of County Commissioners of Miller County.
Referred to Committee on Counties and County Matters.

By Messrs. Field and Smith-
A bill to authorize the Mayor and town Council of Lithonia to call and have held an election by the qualified voters of said town for the purpose of determining whether bonds shall be issued for the purpose of erecting a City Hall and Jail for said town.
Referred to Committee on Corporations.

WEDNESDAY, JULY 16, 1913.

?51

By Mr. BerryA bill to amend the charter of the town of Tunnel
Hill.
Referred to Committee on Corporations.

By Messrs Foster, Wright and Nunnally of Floyd-
A bill to amend an Act entitled ''An Act to amend, consolidate and supersede the several Acts incotporating the City of Rome, Floyd County, State of Georgia, to create a new charter and municipal government for said city."
Referred to Committee on Corporations.

~y Mr. Connor of SpaldingA bill to amend the Charter of the City Court of
Griffin.
Referred to Committee on Corporations.

By Mr. Adams of Hall-
A bill to incorporate the tower of Clermont, Hall County, to provide for a Mayor and Council and -other officers and electors of same.
Referred to Committee on Corporations.

By Messrs. Warren of Turner, Clements of Irwin and Paulk of Ben Hill-
A bill to rearrange the Albany and Cordele .Judicial Circuits of the State of Georgia.
Referred to General Judiciary Committee.

252

JouR~AL oF THE SE~ATE,

By -:\fr. Clark of Dougherty-
A biH to authorize and empower the Commissioners of Roads and Revenues of the County of Daugherty from the treasury lof said county to contribute toward the support of the hospital operated by the Albany Hospital Association in the City of Albany.
Referred to Committee on Counties and County MatterR.

By Mr. Atwood of Mcintosh-
A bill to amend the Act creating Commissioners for Mcintosh County, so as to make them elective by the qualified voters for terms of two years and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Mills of Butts-
A bill to amend an Act approved August 14, 1909 ereating a new charter of the city of Jackson.
Referred to Committee on Corporations.
By Mr. Cook of Chattahoochee-
A bill to create a Board of Commissioners of Roads and Revenues in and for the County of Cha ttachoochee.
Referred to Committee on Counties and County Matters.

WEDNESDAY, JULY 16, 1913.

25;{

By Mr. MeWhorter of GreeneA bill to amend the charter of the City of Greens-
boro. Referred to Committee on Corporations.

By Mr. Hart of WarrenA bill to amend the Charter of Norwood, Georgia. Referred to Committee on Corporations.

By Mr. DeVaughn of Macon-
A bill to amend the Charter of the City of Oglethorpe, Macon County, Georgia, etc.
Referre~ to Committee on Corporations.

By Mr. Duncan of Dooly-
A bill to amend an Act of the Legislature incorporating the town of Unadilla in the County of Dooly, approved, December 24, 1890, so as to authorize the Mayor and Council to exercise the right of eminent domain generally and for condemning property for opening and laying out streets.
Referred to Committee on Corporations.

Mr. Bell of Clay-
A bill to amend an Act entitled an Act to amend the Charter of the town of Bluffton in the county of Clay.
Referred to Committee on Corporations.

254

JOURNAL OF THE SENATE,

By Messrs. Wimberly of Bibb, Pickett of Terrell and Connor of Spalding-
A resolution to invite United States Senator Bacon to address the General Assembly in joint session.

Above resolution was concurred in.

Committee on part of Senate are:

Messrs. MeNeil, Moore.

The following Senate bills were read second time.

By Mr. Bush-
A Bill to amend the Act incorporating the City of Colquitt, approved August 7th, 1912.

By Mr. McNeilA bill to amend Section 414 of the Penal Code.

By Mr. Bush-
A bill to incorporate the City of Colquitt and for other purposes.

By Mr. Tarver-
A Bill to give all courts of original jurisdiction in this State authority in certain cases to so mold their sentences as to allow defendants to serve their sentence outside of the chaingang.

WEDNESDAY, JULY 16, 1913.

255



By Mr. Elkins-

A bill to amend the Act creating the City Court of Fitzgerald so as to provide stenographer for said court.

By Messrs. Pope, Hixon and others-
A bill to put into force the Constitutional amendment ratified November election 1912, of Article 7, Section 2, Paragraph 2, of the Constitution of this State.

By Mr. Parish-
A bill to amend an Act creating the City Court of Statesboro.

By Mr. Parish, by request-
A bill to amend Paragraph 2, Section 1, Article 11, of the Constitution so as to create the County of Milledge.

By Mr. HuieA bill to require all dealers in garden and agri-
cultural seed to have written or printed on their original packages a prescribed guarantee.
By Mr. HixonA bill to define who is able to contract marriage
and prescribe how marriage license may be obtained.

By Mr. SmithA bill to provide for verdicts and judgments to be

256

JOURNAL OF THE SENATE,

rendered at the appearance terms of City and

Superior Courts of this State in certain suits.

The following Senate resolution was read second time.

By Mr. MeNeil-
A resolution in regard to a New Great Seal of this State.
The following Senate bills were read third time and put upon their passage:

By Mr. Kea-
A bill to require factories and workshops to provide proper ventilation and sufficient heat during the winter months.
Report of the Committee was agreed to.
Upon the passage of the bill the a:yes were 28, nays 0, the bill having received the requisite Constitutional majority was passed.

By Mr. Kea~
A bill to amend Section 3137 of the Code, which regulates the hours of labor in cotton and woolen mills.
Mr. Turner moved to table the bill.
On this motion the ayes and nays were ordered .and the vote is as follows.

WEDNESDAY, JuLY 16, 1913.

257

Those voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Oonverse, W. L. Dickey, R. L. Elkins, 0. H. Harrell, G. Y.

Huie, G. M. ,Jones, S. E. Jones, W. W. Kelly, 0. L. MeNeil, W. D. Miller, B. S. Moore, J. H. Parrish, C. H. Perry, Grant D.

Peyton, J. T. Richardson, C. H. Rushin, M. E. Spinks, W. E. Stark, W. W. Swoot, J. L. Taylor, G. W. Turner, S. M. Tyson, C. M.

Those voting in the negative were Messrs.-

F<Jrd, L. L. Foster, A. H. Hixon, J. T. Irwin, M. D.

Kea, Fred, L<Jngino, J. T. Olliff, W. M. Pope, Le,

Searcy, W. E. H. Sr. Smith, E. L. Tarver, M. C. Wa.tts, J. N.

Those not voting were Messrs.-

DuBose, R. T.

Johnson, J. F.

Ayes 28, nays 12.

McGregor, C. E.

T!he motion prevailed and the bill was tabled.

"By Mr. Kea-

A bill to amend Section 130 of Volume 2, of the Code.

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

Those voting in the affimative were Messrs.-

Foster, A. H.
Harrell, G. Y. .Hixon, J. T. Kea, Fred, L<Jngino, J. T.

Miller, B. S.
Olliff, W. M. Parrish, C. H. Peyton, J. T. Pope, Le,

Searcy, W. E. H. Sr. Smith, E. L.
Tarver, M. C. Tyson, C. M. Watts, J. N.

258

JouRNAL OF THE SENATE,

ThOS'e voting in the negative were Messrs.-

Allen, John T.

Elkins, 0. H.

Brown, John W. L. Ford, L. L.

Bulloch, R. 0.

Huie, G. M.

Burtz, A. H.

Irwin, M. D.

Bush, W. J.

Jones, S. E.

Chennault, N. B. Jones, W. W.

Converse, W. L. Kelly, 0. L.

Dickey, R. L.

McNeil, W. D.

DuBose, R. T.

Moore, J. H. Perry, Grant D. Richardson, C. H. Spinks, W. E. Stark, W. W. Swea.t, J. L. Taylor, G. W. Turner, S. M.

'l'hose not voting wer~ Messrs.-

Johnson, J. F.

McGregor, C. E. Rushin, M. E.

Ayes 15, nays 25.
The report of the Committee was disagreed to.
Upon the passage of the bill the ayes were 8, nays 22, the bill was lost.
The door keeper was granted leave of absence for the balance of the week.
On motion the Senate adjourned until tomorrow morning at 11 o'clock.

THURSDAY, JuLY 17, 1913.

2:1!1

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, July 17, 1913.

'l'he Senate met pursuant to adjournment at 11 Q 'clock, was called to order by the President.
Prayer was offered by the Chaplain.
Upon the call of the roll the following members .answered to their names :

Allen, John T.

Irwin, M. D.

Brown, John W. L. Jones, S. E.

Bulloch, R. 0.

Jones, W. W.

Burtz, A. H.

Kea., Fred,

Bush, W. J.

Kelly, 0. L.

Chennault, N. B. Longino, J. T.

{'.tOnverse, W. L. McGregor, C. E.

Dickey, R. L.

McNeil, W. D.

DuBose, R. T.

Miller, B. S.

Elkins, 0. H.

Moore, J. H.

Ford, L. L.

Olliff, W. M.

Foster, A. H.

Parrish, C. H.

Harrell, G. Y.

Perry, Grant D.

Hixon, J. T.

Peyton, J. T.

Huie, G. M.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

'Uhose absent were Messrs.-
Johnson, J. F.

Mr. Olliff gave notice that at the proper time he would move to reconsider the action of the Senate in recommitting Senate Bill No. 110 to the General' .Judiciary Committee.
The journal of yesterday was read and approved.
Mr. Olliff moved that the action of the Senate in

260

JouRNAL OF THE SENATE,

recommitting the following bill to the General Judiciary Committee be reconsidered.
A bill to amend Section 5298 of Volume 1, of the Code relating to garnishment.
The motion was lost.
Mr. MeNeil, 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 authorize and empower the judges of the Superior Courts of this State to grant Charters to private companies in vacation.
The committee als'o recommend that the following; bill of the Senate do pass by substitute as amended.
A bill to amend Section 4424 and 4425 of the Code of 1910, relative to recovery of damages.
Respectfully submitted, W. D. McNEIL, Chairman.
Mr. Oliff, Chairman of the Committee on Engrosiling, submitted the following report: Mr. President:
The Committee on Engrossing report that they have examined and found properly engrossed and

THURSDAY, JULY 17, 1913.

261

ready for transmission to the House, the following Senate bill to-wit:
A bill to require factories and workshops to provide proper ventilation and sufficient heat during the winter months.
Respectfully submitted, W. M. OLLIFF, Chairman.

Mr. Huie, chairman of the Committee on Temperance, makes the following report:

Mr. President:
Your Committee on Temperance has had under consideration Senate Bill No. 8, and instruct me as their chairman to report the same back with the recommendation that it do pass by substitute as amended.
J. T. HrxoN, Chairman.
Mr. Elkins, Chairman of the Committee on Special Judiciary, submitted the following report.
Mr. President: .
The Committee on Special Judiciary have had under consideration the following House bill which I am instructed to report back to the Senate, with recommendation that the same do.pass, to-wit:
A bill to create the office of City Recorder for the City of LaG:t:ange, to provide for the election of a City Recorder, to fix his compensation and bond, to.-

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define his powers, duties and liabilities and for other

purposes.

Respectfully submitted,

0. H. ELKINS, Chairman.

Mr. Rushin, 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 Senate bills, which it instructs me to report back, with the recommendation that they do pass, to-wit:
Bill No. 26, to repeal an Act to establish the City Court of Vienna.
Bill No. 127, to be entitled an Act to provide for maintaining in proper condition crossways and other approaches to public bridges between counties in this State and to provide a remedy where any county refuses or fails to do so.
Bill No. 115, to be entitled an Act to amend Civil Code, Section 113, to provide for the terms of County officers including Sheriffs, Clerks of Superior Courts, Tax Collectors, Tax Receivers, County Treasurers, County SurveyorS' and Coroners.
Bill No. 114, provide for holding monthly SessionS' of Board of Commissioners of Roads and Revenue -of Stewart County.
The Committee has also had under consideration

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263

the following Senate bills which it instructs me to report back with the recommendation that they do not pass, to-wit:
Bill No. 91, with amendment to be entitled an Act to amend Section 612, Code of 1910, relative to fishing in certain waters with certain devices.
Bill No. 84, an Act to require the publication in a newspaper of monthly and quarterly itemized statements of the receipts and disbursements of public funds.
M. E. RusHIN, Chairman.

Mr. Harrell, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. President:
The Committee on Constitutional Amendments have 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 Paragraph 2, Section 1, Article 2, of the Com;titution of the State of Georgia, so as to create the County of Barrow.
Respectfully submitted, GEo. Y. HARRELL, Chairman.

.lit. President:
We the undersigned members of the Oonstitutionnl Amendment Committee respectfully dissent

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from the majority report upon House Bill No. 14, being a bill to amend Paragraph 2, Section 1, Article 2, of the Constitution of Georgia, so as to create the County of Barrow and file this our minority report and give as our reason for opposing said bill: First, We do not believe from the facts submitted that it is to the best interest of the State that said County be created.
Respectfully submitted,
A. H. Bu&Tz,
C. M. TxsoN.

Mr. Chennault, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
The Committee on .Agriculture has ha_d under consideration the following Senate Bill which I am instructed to report back to the Senate without action by said committee, as it involves the appropriation of money and should originate in the House of Representatives, to-wit:
A bill to amend Section 2084 of the Code of 1910, which Section makes an appropriation for the support of the Department of Agriculture, etc.
Respectfully submitted, N. B. CHENNAULT, Chairman.

Tlhe following meS'sage was received \from the .House through Mr. Boifeiullet, the Clerk thereof:

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265

Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the House towit:
A bill to repeal an Act authorizing Board of County Commissioners of Bibb County to issue certain bonds.
A bill to rearrange the Augusta and Middle Judicial Circuits.
A bill to repeal an Act to establish the City Court of Abbeville.
A bill to change the time of holding Superior Court of Irwin County.
A bill to amend Section 5645 of the Code of 1910 relative to manner of verifying petitions.
A bill to amend an Act creating the City Court of Miller County.
A bill to authorize the County Commissioner of Gwinnett County to pay certain Court costs.
A bill to amend the Charter of the City of Darien.
A bill to provide for the holding of four terms each year of Wilcox Superior Court.
A bill to incorporate the town of Box Springs.
A bill to repeal an Act to create the Board of County Commissioners for Irwin County.
A bill to create a new Charter for the town or
f4harpsburg.

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A bill to authorize the Board of County Commissioners. for Bibb County to issue certain bonds.
The following amendments to the rules of the Senate were offered by the Rules Committee and the same were adopted by the Senate.
July 17th, 1913.

Mr. Pre.sident:
Your Comrillttee on Rules submits the following report:
Resolved, That the Rules of the Senate, as the same appear in the Legislative Manual of 1911-1912, be revised and amended a'S follows, to-wit:
Rule 16. Amend by inserting the following proviso at the end of the :first sentence on line 6. "Provided that if, at the time, the Senate is acting under the previous question, such question of order, and other proceedings referred to, shall not be taken up for decision until after the previous question and the main question have been disposed of; or until such further time as may then be ordered by the Senate.
Insert New Rule to be numbered 21, as follows: No Senator shall address the Senate, nor interrogate a Senator who is ~peaking except through the President, and if the Senator speaking declines to be interrupted, the President shall cause the Senator desiring to interrogate him to be silent.
Rule 22. Change number to No. 23; and add the

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267

following: ''Except as to the final section taken by the House in any pending matter.
Insert New Rule to be numbered 34, as follows : No smoking shall be allowed in the Senate Chamber during the Sessions of the Senate, nor shall conversation be permitted within the Chamber.

Insert New Rule to be numbered 25, as follows: In nominating candidates fot any office no laudatory remarks shall be allowed, nor shall any other candidate be disparaged.

Rule 26. Change number to No. 28. Repeal old rule and substitute the following: ''On all questions, except such as are not debatable, any Senator on the call of the ayes and nays, shall be allowed five minutes as a matter of right in which to explain his vote. Where the vote on any question is not taken by ayeS' and nays no Senator shall be allowed to explain except by unanious consent. No motion or request shall be entertained to vary this rule, nor to extend a Senator's tie for explaining."

Insert New Rule to be numbered 31, as follows : "No Senator shall be allowed to address himself to any question, and then move to table the bill, resolution or motion, or move the previous question thereon without relinquishing the floor.

Rule 31. Change Number to No. 34. Amend last proviso to read as follows: Provided that the General Appropriation Bill and the General Tax Bill shall have precedence on third reading over an other

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matters, even special Orders, until the said Bills shall have been finally disposed of.
Insert New Rule to be numbered 35, as follows: "The President shall not recognize any Senator at any time for the purpose of asking unanimous consent to place any general bill on its passage, out of its regular order. Neither shall he recognize any request for unanimous consent for the introduction of new matter, or to reaa any bill or resolution the second time or to place any local bill or resolution on its passage except during the first 30 minutes after the confirmation of the Journal. The President shall entertain but one unanilmous consent at any one time.
Rule 33. Change number to No. 36: Amend Rule to read as follows: Every motion or request to take up general bills or resolutions out of their regular order, and every motion or request for special orders shall be submitted in writing and reported upon by the Committee on Rules before being submitted to the Senate.
Rule 33. Change number to Number 37. Substitute following: No debate shall be admitted upon any bill at the first reading. Upon the introduction of any bill or resolution or other matter, requiring reference to a committee, the President shall as a matter of course and without debate commit the s'aJme to the proper committee, unless otherwise ordered by the Senate. In case of Engrossment of any Bill or other matter the entry thereof shall be made by the Secretary and the bill or other ~atter

THURSDAY, JuLY 17, 1913.

269

shall not be amendable thereafter unless subsequently committed.
Insert New Rule to be numbered 38, as follows : Where report of a Committee is favorable to the passage of a bill, etc., the same shall be read a second time and passed to a third reading without question, unless re-committed. Where the report of a committee is adverse to the passage of a bill, etc., on the second reading thereof the question shall be on agreeing to the report of the committee. If the report of the cdmmittee is agreed to, the bill, etc., shall be lost. If the report of the committee is disagreed to the bill, etc., shall be passed to a third reading, unless recommitted; provided that no bill, etc., adversely reported shall be taken up for a second reading except by motion of sOiffie Senator. Any bill, etc., may be withdrawn at any stage thereof by consent of the Senate.
Insert New Rule to be numbered 43, as follows : The Committee on Rules, during the last seven legislative days of each Session shall arrange and fix the Calendar of business for each day, and such Calendar shall be a standing and continuing Special Order during said period; and no matter shall be taken up or acted on otherwise than in the order and manner fixed by such Calendar, except by a threefourths vote of those present.
Rule 40. Change number to No. 46. Add the following to the rule.= ''And is amendable as to the day or time proposed.''
Rule 46. Change number to No. 52. Add the fol-

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JOURNAL OF THE SENATE,

lowing to the rule: ''And when so taken from the table, it is thereby restored to its appropriate place on the Calendar. ''
Rule 56. Change number to 62. Change :first 3 lines to read "In all cas'es where a minority report has been submitted on any matter, if the previous question is ordered,'' etc., etc., as in old rule.
Rule 64. Change number to No. 70: Add the following clause to the rule : ''This motion can not be renewed or made a second time to the same measure on the same day."

Insert New Rule to be numbered No. 71, and to read as follows: ''The motion to postpone to a day certain can not be applied to subordinate or incidental questions, but only to the whole measure. It is amendable by substituting one day or time for another. If a day proposed is known to be beyond the limits of the session the motion shall be treated as one to indefinitely postpone.

Rule 86. Change number to No. 93. Aimend by striking out words on second line "the confirmation of the Journal'.' and substitute "the time for Universal Consents."

Rule 104. Change Number to No. 111: Repeal Rule and substitute the following: ''The hours of the morning sessions of the Senate shall be from ten o'clock a. m. to one o'clock p. m.; when the Senate shall stand adjourned until ten o.'clock a. m. of the next succeeding day, Sundays excepted; unless otherwise ordered by the Senate.

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271

Rule 116. Change number to No. 123. Strike out present rule and substitute following. "Every motion for information from the Executive or other Departments of the State shall lie on the table for one day unless referred to a committee by vote of the Senate.

Rule 118. Change number to No. 125. Add the following proviso : ''Provided that when any matter is pending before the Senate, no question of personal privilege shall be acted on until the pending question is disposed of.''

Rule 126. Change number to No. 133. Change name of "Committee on Investigation and Labor" to "Committee on Commerce and Labor."
Insert '~Committee on Insurance.'' Rule 127. Change number to No. 134. S:ubstitute the following order of business. 1. Prayer by the Chaplain. 2. Oall of the Roll. 3. Report of Committee on Journals. 4. Notices of Motions to Reconsider. 5. Reading the Journal. 6. Confirmation of the Journal. 7. Unanimous Consents. 8. Motions to Reconsider. 9. Reports of Standing Committees.

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10. Reports of Select Committees.
11. Messages from the Governor.
12. Unfinished business'.
13. Special Orders.
14. Messages from the House of Representatives.
15. Introduction of Bills, etc., the first time on Mondays, Wednes'days and T'hursdays.
16. Reading House Bills, etc., the first time for reference.
17. Reading Bills, etc., second time favorably reported from Committees.
18. Consideration of Bills, etc., adversely reported; on Tuesdays and Fridays.
19. Reading for third time of Bills, etc., ready for passage.

20. Motions, resolutions and petitions.

Rule 128. Change number to No. 135. Add the following: ''And messages from the Governor or from the House of Representatives may be received .under any order of business.

Rule 129. Change number to 136. S.trike out and substitute the following: No change of or addition to these rules shall be made unless such proposed change or addition be submitted in writing and referred to the Committee on Ru1es and reported back to the Senate.

THURSDAY, JuLY 17, 1913.

273

Inse~ New Rule to be numbered No. 137, and to be as follows: The rules of the Senate shall in no case be suspended or changed, or the order of business changed except by a three-fourths vote, a quorum of the Senate being present and voting.
Rule 130. Change number to No. 138. Strike out and substitute the following: The auditing Committee, before auditing the account of any Senator for expenses as a Committeeman, or incurred in discharge of any duty as a member of the Senate shall require of him an itemized statement of such account supported by proper vouchers for each item, whenever the same is practicable.
Insert New Rule to be numbered 139, and to read as follows: "When any question arises which is not provided for in the foregoing rules, the same shall be controlled by the rules usually governing parliamentary bodies.
Change the number of all other old rules to make them correspond and be consecutive.
B. S. MILLER, Vice Chairman.

The hour of adjournment having arrived the .Senate adjourned until tomorrow morning at 10 . o'c1ock.

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JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA. GA., Friday, July 18, 1913.

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 fo11owing members answered to their names :

Allen, John T.

Irwin, l\'1. D.

Brown, John W. L. Jones, S. E.

Bulloch, R. 0.

Jones, V{. W.

Burtz, A. H.

Johnson, J. F.

Bush, W. J.

Kea, Fred,

Chennault, N. B. Kelly, 0. L.

Cnnverse, \Y. L. Longino, J. T.

Dickey, R. L.

McGregor, C. E.

DuBose, R. T.

McNeil, W. D.

Elkins, 0. H.

:Miller, B. S.

Ford, L. L.

Moore, J. H.

Foster, A. H.

Olliff, W. M.

Harrell, G. Y.

Parrish, C. H.

Hixon, J. T.

Perry, Grant D.

Hnie, G. M.

Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. . Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

The Journal of yesterday was read and approved.
The following message was received from the House through Mr. Boifeuil1et, the Clerk thereof:

Mr. President:
The House has passed by the requisite Constitutional majority the following bills and resol~tion of the House, to~wit :

FRIDAY, JuLY 18, 1913.

275

A bill to amend an Act incorporating the City of Americus.

A bill to repeal an Act creating the City Court of Quitman.

A bill to amend an Aet creating the City Court of ,Springfield.

A bill to amend an Act establishing the City Court

of Monroe.

,

A bill to create the office of Commissioner of Roads and Revenues for Irwin County.

A resolution to appoint a joint committee of the House and Senate to inquire into the advisability of purchasing the A. B. & A. R. R.

Mr. President:
I am directed by his Excellency, the Governor, to deliver to your honorable body a sealed communication to which he respectfully invites your consideration in executive session.
Mr. Ford, Chairman of Committee on Commerce and Labor, submitted the following report:

Mr. President :
The Committee on Commerce and Labor has had under consideration the following Senate bills which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:
A bill to require factories, work shops, machine

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JouRNAL OF THE SENATE,

shops, etc., to report to the Department of Commerce and Labor, and for other purposes.
A bill to amend an Act creating the Department of Commeree and Labor, so as to change the title o~ stenographer to that of chief clerk and stenographer at $1,500.00 per annum, and providing that said department shall receive a contingent fund of $1,800.00 per annum, and for other purposes.
Respectfully submitted, ,. L. L. FoRD, Chairman.

Mr. Chennault, Chairman of the Committee on Agrieulture, submitted the following report:

Mr. President:
The Committee on Agriculture have 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 make it unlawful for any farm labor to unlawfully abandon his contract.
'rhe Committee bas had under consideration the following :Senate bill which I am instructed to report back to the Senate with the recommendation that the same do not pass, to-wit:
A bill to prevent the sale of boots and shoes as of leather construction, when other material is substituted therefor in the manufacture.
Respectfully submitted, N. B. CHENNAULT, Chairman.

..

FRIDAY; JULY 18, 1913.

277

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

Mr. President :
The Committee on Corporations have had under consideration the following Senate bills which I am instructed to report hack to the Senate with the recommendation that the same do pass, to-wit:
A hill to amend Section 2878 of the Code of 1910.
A bill to amend the charter of the City of Edison.
A bill to amend the charter of the town of Alma.
A bill to amend an Act incorporating- the City of Colquitt, approved Aug. 15th, 1905.
The Committee has had under consideration the following- House bills which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend the charter of City of Greensboro.
A bill to amend the charter of the town of Unadilla, in the County of Dooly, approved December 24, 1890.
A bill to amend the charter of the City of Jackson.
A bill to amend the charter of Norwood, Ga.
A bill to authorize the Town Council of Lithonia to hold an election upon the question of issuing bonds.

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JouRNAL oF THE SENATE,

A bill to incorporate the town of Clermont, in the County of Hall.
A billto amend the charter of the City of Rome.

..:\ bill to amend the charter of the City of Griffin.

A bill to amend the charter of the City of Oglethorpe.
The Committee has also had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, as amended, to-wit:

A bill to amend the charter of the town of Tunnel Hill.
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 not pass, to-wit:

A bill to amend the charter of the town of Bluffton, in the County of Clay.
Respectfully submitted, A. H. BuRTz, Chairman.

:Mr. Johnson, Chairman of Committee on Hygiene and Sanitation, submitted the following report:

M1. President:
The Committee on Hygiene and Sanitation has had under consideration the following Senate bill which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:

FRIDAY, JuLY 18, '1913.

279

A bill to amend an Act of the General Assembly of Georgia approved August 17th, 1908, entitled ''An Act to create a 1State Board of Veterinary Examiners in this State.''
'The Committee has a] so had under consideration the following Senate resolution which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:
A resolution to provide for the appointment of a commission to investigate the necessity of a samtarium for ''dope fiends'' and inebriates_
Respectfully submitted, J. F. JOHNSON, Chairman.

Mr. Smith, Vice-Chairman of the Committee on Education, submitted the following report:

Mr. President:
The Committee on Education have had under consideration the followjng 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 require school attendance or instruCtion of children of specified ages for a minimum period, etc.
A bill to provide for the establishment of kindergartens as a part of the common school system of Georgia.
The committee has had under consideration the following Senate Bill, which I am instructed to re-

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JouRNAL oF THE SENATE,

port back to the Senate with the recommendation that the same do pass, as amended, to-wit:
A bill to provide for the establishment of an agricultural school in the 12th Congressional District.
Respectfully submitted, E. L. !SMITH, Vice-Chairman.

On motion all House and Senate local bills were put upon their passage.
The following Senate bills were read the third time and put upon their passage.

By 1\Ir. Elkins-
A bill to amend the Act creating City Court of Fitzgerald so as to provide compensation for the stenographer for said Court.
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.

By :Mr. Bush-
A bill to amend Act incorporating the City of Colquitt, approved August 7, 1912.
Report of the committee was agreed to. Upon the passage of the bill the ayes were 36, nays 0; the bill having received the requisite constitutional majority was passed.

FRIDAY, JULY 18, 1913.

281

By Mr. Bush-
A bill to incorporate the City of Colquitt in lieu of the town of Colquitt, and to confer additional powers, and for other purposes.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 34, nays 0; the l5ill having received the requisite Constitutional majority was passed.

By Mr. Parish-
A bill to amend an Act creating the City Court of .Statesboro.
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.
By Mr. Sweat-
A bill to amend the Act creating a Board of Commissioners of Roads and Revenues for Ware County, approved August 19, 1912.
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 adding after Section 4 the following:
Section 5. Be it further enacted, that until the

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JOURNAL OF THE 8ENATE,

members of the General Information Board are elected as prescribed in the preceding section, and shall qualify and be commissioned on the first of January thereafter, the following named pen;om; shall constitute said Board, and be commissioned, qualified and serve as such, to-wit:

From the Waycross District-W. E. Steedley. From the Jamestown District-B. F. Bryans. From the Bolen District-D. C. Kirkland. From the Beach District-George Taylor. From the Bickley District-G. H. Roberts. From the Millwood District-J. W. Starling. From the Wareboro District-W. B. Thigpen. From the Manor District-D. C. Carmichael. From the Glenmore District-D. N. McQuaig. From the Brazanza District-Edward Griffin.

Amend further by changing the numbers of Sections 5 and 6 to sections 6 and 7, respectively.

The following Senate bills were read the first time:

By Mr. Sweat-
A bill to authorize the execution of a lost or destroyed deed to be proved as to land in any county in this State, wherein the said deed was never recorded, by a certified copy of the record from any other county therein in which it was recorded.
Referred to the General Judiciary Committee.

FRIDAY, JuLY 18, 1913.

283

By Mr. KeaA bill to require all street railway companies to
separate the white and colored passengers. Referred to the Railroad Committee.

Ry Mr. Watts-
A bill to require purchasers of fertilizers offered for sale in this State to report to the Commissioner of Agriculture any failure to brand same, and for other purposes.
Referred to the Committee on Agriculture.

By Mr. Parish-
A bill to amend an Ad creating the Board of Commissioners of Roads and Revenues for Bulloch County, and for other purposes.
Referred to the Committee on Counties and County Matters.
The following House bills were read first time:

By Messrs. Jones and Hallberg of Coweta-
A bill to create a new charter for the town of Sharpsburg, in the County of Coweta.
Referred to the Committee on Corporations.

By Mr. Shadburn of Gwinnett-
A bill to authorize and direct the County Commis:sioners of Gwinnett County to pay out of the County

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JouRNAL OF THE SENATE,

funds of said County, raised by taxation, for paying expenses of court to the officers of the City Court of Buford.
Referred to the Committee on Counties and County Matters.

By Mr. Reiser of EffinghamA bill to amend Section 12 of an Act creating the
City Court of 8pringfield in Effingham County.
Referred to Special Judiciary Committee.

By Mr. Atwood of Mcintosh-
A bill to amend the charter of the City of Darien so as to allow cash to be deposited in lieu of bond in police court cases.
Referred to Committee on Corporations.
B.v Mr. Edmondson o.f Brooks-
A bill to repeal an Act creating the City Court of Quitman.
Referred to Special Judiciary Committee.

By Mr. Wheatley of Sumter-
A bill to be entitled an Act to amend an Act, etc.~ incorporating the City of Americus in the County of Sumter.
Referred to Committee on Corporations.

FRIDAY, JuLY 18, 1913.

285

By Mr. Miller of Bibb-
A bill to repeal the .Act authorizing the Board of County Commissioners of Bibb County to issue and sell county bonds for certain specified purposes, and for other purposes.
Referred to the Committee on Counties and County Matters.

By Mr. Clements of Irwin-
A bill to be entitled an .Act to repeal an Act to create Board of Commissioners of Roads and Revenues for Irwin County, approved August 11, 19{)8, and amendment thereto.
Referred to Committee on Counties and County Matters.

By Mr. Miller of Bibb-
A bill to be entitled an Act to authorize the Board of Commissioners for Bibb County to issue and sell bonds for the following purposes, to-wit: For remodeling of County Court House and the construction of school buildings in said county.
Referred to Committee on Counties and County Matters.

By Mr. Ragland of Talbot-
A bill to incorporate the town of Box Springs in rralbot County.
Referred to Committee on Corporations.

286

JouRNAL OF THE SENATE,

By Mr. Olive of Richmond-
A bill to amend Section 5645 of the Code of 1910, relative to the manner of verifying petitions, and for other purposes.
Referred to the General Judiciary Commit'tee.

By Mr. Paulk of Ben Hill-
A resolution to appoint a joint committee from both Houses to investigate the advisability of purchasing the A. B. and A. R. R., and report at this session.
Referred to Committee on W. & A. R. R.

By Br. Burnett of Walton-
A bill to be entitled an Act to amend, alter, modify and change certain portions of an Act of the General Assembly of Georgia, approved August 17, 1905, establishing the City Court of Monroe in Walton County, Georgia.
Referred to Special Judiciary Committee.

By Mr. Clements of Irwin-
A bill to create the office of Commissioner of Roads and Revenues for Irwin County, to provide for compensation, term of office, and appointment of said Commissioner, to define his powers, etc.
Referred to Committee on Counties and County Matters.

FRIDAY, JuLY 18, 1913.

287

By Mr. McRae of Wilcox......: A bill to repeal an Act to establish the City Court
of Abbeville, in and for the County of Wilcox.
R.eferred to Special Judiciary Committee.

By Mr. Clements of Irwin-
A bill to change the time of holding the Superior Court in Irwin County, in the Cordele Circuit, and for other purposes.
Referred to General Judiciary Committee.

By Mr. Grimes of Miller-
A bill to amend an Act of the City Court of Miller County, approved August 6, 1909, and for other purposes.
R.eferred to Special Judiciary Committee

By Mr. McRae of Wilcox-
A bill to he entitled an Act to provide for holding four terms a year of the Superior Court of Wilcox County.
Referred to General Judiciary Committee.

By Mr. Brinson of Jenkins-
A bill to rearrange the Middle and Augusta Judicial Circuits by taking from the Middle Circuit the County of Jenkins and adding said county to the Augusta Judicial Circuit.

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JouRNAL oF THE SENATE,

Referred to General Jud~ciary Committee. The following Senate bills were read second time:

By Mr. Watts-
A bill to amend a!! Act of the General Assembly, approved August 21, 1911, creating the Department of Commerce and Labor so as to increase the salary of the Stenographer of said Department.

By Mr. Tarver-
A bill to amend Sections 4424 and 4425 of the Code relating to recovery for homicide, and for other purposes.

By Mr. Smith-
A bill to authorize Judges of the Superior Courts of this State to grant charters to private corporations in vacation.
By Mr. DuBose-A bill to amend Section 2878 of the Code so as to
define the term ''other like Association.''
By Mr. BrownA bi~l to amend the Act of the General Assembly,
approved August 17, 1908, creating a Board of Veterinary Examiners for the State of Georgia.
By Mr. RushinA bill to repeal the Act establishing . the City
Courts of Vienna, in Dooly County.

FRIDAY, JULY 18, 1913.

289

By Messrs. Rushin and Anderson-
A bill to. provide for maintaining in proper condition causeways and other approaches to public bridges between counties of this State.

By Mr. Bush-
A bill to amend an Act incorporating the City of Colquitt, approved August 15, 1905, and for other purposes.

By Mr. 1SmithA bill to amend the charter of the City of Edison
so as to provide for paving sidewalks.
By Mr. ElkinsA bill to amend an Act incorporating the town of
Alma.

By Mr. HixonA bill to prohibit any person, firm or corporation
from shipping malt and into:xicating liquors into this State.

By Messrs. Pope and Olliff-
A bill to amend Section 112 of the Civil Code, and for other purposes.

By Mr. HarrellA bill to provide for holding monthly sessions of

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JouRNAL oF THE SENATE,

the Board of Commissioners of Roads and Revenues for Stewart County.

By Mr. Sweat-
A bill to require school attendance or instruction of children of a specified age for a minimum length of time.

By Mr. Kea,..--
A bill to make it unlawful for any farm laborer to unlawfully abandon his contract before complying with it with intent to defraud.

By Mr. Kea-
A bill to provide for the establishment and maintenance of an Agricultural District School of Me0hanical Arts in the 12th Congressional District.

By Mr. McNeil-
A bill to provide for the establishment of kinder-
gartens as part of the common school system of this State.
The following Senate resolution was read second time:

By Mr. Tarver-
A resolution to provide for the appointment of a commission to investigate the necessary needs of a sanitarium for "dope :fiends."
The following House bills were read second time :

..

FRIDAY, JuLY 18, 1913.

291

By Messrs. Moon and Hines-
A bill to create the office of City Recorder for the City of LaGrange, and for other purposes.

By Mr. HartA bill to amend the charter of Norwood, Ga.

By Mr. Adams-
A bill to incorporate the town of Clermont in Hall County, and to provide for a mayor and council for same.

By Mr. McWhorter-
A bill to amend the charter of the City of Greensboro.

By Mr. Moye--
A bill to change the time for holding the Superior Court of Johnson County.

By Mr. Paulk of Ben Hill-
A bill to amend the Act prescribing the duties of ihe Commissioner of Roads and Revenues for Ben Hill County.

By Mr. Paulk of Ben Hill-
A bill to amend an Act approved August 22, 1907, by repealing the provisions calling for three Commissioner Districts, regulating term of office, and for -other purposes.

JouRNAL oF THE SENATE,
By Mr. Mi11sA bill to 'amend an Act approved August 14, 1909,
creating a new charter for the City of Jackson.
By Mr. FieldA bill to authorize the mayor and council of Li-
thonia to call an election to determine whether said town of Lithonia shall issue bonds for the purpose of equipping a city hall and jail.
By Messrs. Foster, Wright and NlllnnallyA bill to amend, consolidate and supercede the sev-
eral Acts incorporating the City of Rome so as to extend the corporate limits of said city.
By Mr. DeVaughnA bill to amend the charter of the City of Ogle-
thorpe, in Macon County.
By Mr. DuncanA bill to amend the Act incorporating the town of
Unadilla, in Dooly County.
By Mr. ConnorA bill to amend the charter of the City of Griffin,
so as to provide for the election of members of Board of Education by qualified voters of said city.
By Mr. LipscombA bill to amend the charter of the town of Athens.

FRIDAY, JuLY 18, 1913.

293

By Mr. Anderson-
A bill to propose to the qualified voters of this State an amendment to Paragraph 2, of Section 1, of Article 11, of the Constitution, so as to create the County of Barrow.

By Mr. Berry-
A bill to amend the charter of the town of Tunnel Hill, and for other purposes.
The followi~g resolution was read:

By Mr. Huie-
A resolution, Resolved, that the revised Rules of the Senate, as adopted July 17, be amended as follows, by striking out of the new Rule 137 the words three-fourths and substituting two-thirds.
Referred to Committee on Rules.
The following resolution was read:

By Mr. DuBose-
A resolution, Resolved, that House Bill No. 14, to create the new County of Barrow, be made the special and continuing order for next Wednesday, immediately after unanimous consents.
Referred to the Committee on Rules.
The following !Senate bill was read third time and put upon its passage:

.

294

JouRNAL oF THE SENATE,

By Mr. Smith-
A bill to provide for verdicts and judgments to be rendered at the appearance terms of the City and -Supreme Courts of this S.tate upon suits on unconditional contracts in writing, and for other. purposes.

Report of the committee was agreed to.

Mr. Harrell 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 affilrmative were Messrs.-

Bush, W. J. Chennault, N. B. Foster, A. H~ Harrell, G. Y.

Longino, J. T. McGregor, C. E. Parrish, C. H. '
Pope, Le,

Richardson, C. H.
Searcy, W. E. H. Sr.
Tyson, C. M.

Thos'e voting in the negative were Messrs.-

Allen, John T. Brown, John W. L. Burtz, A. H. Converse, W. L. Dickey, R. L. Elkins, 0. H. Ford, L. L. Hixon, J. T. Huie, G. M. Irwin, M. D.

Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. McNeil. W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Perry. Grant D.

Peyton, J. T. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Wa.tts, J. N.

Those not voting were Messrs.-

Bulloch, R. 0.

DuBose, R. T.

Ayes 11, nays 29.

Rushin, M. E.

The motion was lost.

FRIDAY, JULY 18, 1913.

295

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

Those voting in the affilrmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Converse, W. L. Dickey, R. L. Elkins, 0. H. Ford, L. L. Huie, G. M. . Invin, M. D.

Jones, S. E. .Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. McNeil, W. D. :Miller, B. S.Moore, J. H. Olliff, W. M.

Perry, Grant D. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Taner, M. C. Taylor, G. W. Turner, S. M. Watts, J. N.

Thos'e voting in the negative were Messrs.-

. Bush, W. J. Chennault, N. B. Foster, A. H. Harrell, G. Y.

Hixon, J. T. Longino, J. T. M<'Gregor, C. E. Parrish, C. H.

Pope, Le, Richardson, C. H. Searcy, W. E. H. Sr Tyson, C. M.

Those not voting were Messrs.-

DuBose, R. T.

Peyton, J. T.

Rushin, M. E.

Ayes 28, nays 12.

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

Mr. Harrell gave notice that at the proper time he would move to reconsider the action of the Senate in passing the foregoing bill.

The hour of 12 o'clock having arrived the Senate repaired to the Hall of the House of Representatives to listen to an address by Hon. Hoke Smith. After the speech the Senators returned to the Senate and were called to order by the President.

The hour of adjournment having arrived the Senate adjourned until Monday morning at 11 o'cloc~

296

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, July 21, 1913.

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 tiie following members answered to their names.

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.
Irwin, M. D.

Jones, S. E. Jones, W. W. Johnson, J. F.
Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

Those absent were Messrs.-
ConYerse, "\V. L.

The Journal of Friday was read and approved.

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

Mr. President: The House has passed by the requisite Constitu-

MoNDAY, JuLY 21, 1913.

297

tional _majority the following bills of the House, to-wit:
A bill for the relief of Rev. S. J. Cartledge.
A bill to incorporate the town of Meansville.
A bill to repeal an Act to establish the City Court of Douglas.
A bill to provide for holding four terms of Coffee Superior Court each year.
A bill to repeal an Act to provide for the payment of certain insolvent criminal costs in the Augusta Judicial Circuit so far as same applies to Columbia County.
A bill to repeal an Act to incorporate the Town of Comer.
A bill to amend an Act amending the charter of the City of Americus.
A bill to amend the Charter of the City of Augusta.
A bill to add an additional judge of the Superior Court for the Atlanta Circuit.
A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Coffee County.

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

A bill to create the office of Commissioner of Hoads and Revenues for Lincoln County.

298

.TouRNAL OF THE SENATE,

A bill to transfer Wilkinson County from the Oemulgee to the Dublin Judicial Circuit.
A bill to repeal an Act to create a Board of Comnnsswners of Roads and Revenues for White County.
~-\. bill to incorporate the town of Kramer.
A bill to amend the charter of the City of Griffin.

A bill to create a new Charter for the City of Lithonia.

The House has adopted the following joint resolution of th~ House.

A resolution providing for a joint session of the Hom;e and Senate to consolidate the vote cast in the special election for United States Senator held July 15th, 1913.

Mr. Harrell, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. Presii!Jent:

The Committee on Constitutional Amendments have had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do not pass. to-wit:
A bill to amend Paragraph 2, Section 7, Article

MoNDAY, JuLY 21, 1913.

299

6, of the Constitution of Georgia, relativl to jurisdiction of Justice Courts.
Respectfully submitted, G. Y. HARRELL, Chairman.

Mr. Burtz, Chairman of the Committee on Corporations, submitted the following report :
Mr. President:
The Committee on Corporations have 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, towit:
A bill to incorporate the Town of Box Springs.
A bill to amend the Charter of the City of Darien.
A bill to create a new Charter for the Town of Sharpsburg.
Respectfully submitted,
A. H. BuRTZ, Chairman.

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

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 recommendation that the same do pass, to-wit:
A bill to be entitled an Act to relieve T. B. Hicks,

300

JOURNAL OF THE SENATE,

of Dublin~from liability upon a bond given for tiiC' appearance of John Walker, to answer to the charge of shooting at another to the Superior Court of Laurens County, Georgia.

Respectfully submitted,

0. H. ELKINs, Chairman.

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

Mr. President:
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House, the following Senate bills, to-wit:
A bill to provide for verdicts to be rendered at the appearance term of the City and Superior Courts upon suits on unconditional contracts in writing and verified accounts.
A bill to amend an Act creating the City Court of Fitzgerald..
A bill 'to incorporate the City of Colquitt in lieu of the town of Colquitt and confer additional powers and for other purposes.
A bill to amend an Act to incorporate the City of Colquitt.
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Ware.

MoNDAY, JuLY 21, 1913.

301

A bill to amend an Act creating the City Court of Statesboro, etc.
Respectfully submitted,
W. M. OLLIFF, Chairman.

By unanimous consent the following House bills were read third time and put upon their passage:

By Mr. Paulk-
A bill to amend an Act, approved August 22, 1907, by repealing the provisions calling for three Commissioner Districts, regulating their term of office.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 37, nays -, the bill having received the requisite Constitutional majority was passed.

By Mr. Berry-
A bill to amend the town of Tunnell Hill, and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 37, 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 to be properly numbered as follows:
Section 4. Be it further enacted that all laws

302

JouRNAL OF THE SENATE,

and parts of laws herewith conflictj.ng are hereby repealed.

By Mr. Paulk of Ben Hill-
A bill to prescribe the duties and powers of the Commissioners of Roads and Revenue of Ben Hill County.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 37, nays 0, the bill having received the requisite Constitu~ tiona} majority was passed.

By Mr. Adams of Hall-
A bill to incorporate the Town of Clemont in Hall County.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 32, na~ 0, the bill having received the requisite Constitutional majority was passed.

By Messrs. Foster, Wright and Nunnally-
A bill to amend, consolidate and supercede the several Acts incorporating the City of Rome.
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.

MoNDAY, JuLY 21, 1913.

303

By Mr. Connor-
A bill to amend the Charter of the City of Griffin, to provide that the members of the Board of Education of the City of Griffin be elected by the qualified voters of the City of Gp.ffin.
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. Moon and Hines_:_
A bill to create the office of City Recorder for the City of LaGrange.
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. McWhorter-
A bill to amend the Charter of the City of Greensboro.
Report of the Committee was agreed to.
Upon the passage of the bill tlie ayes were 32, nays 0, the bill having received the requisite Constitutional majority was passed.

By Mr. DeVaughn-
A bill to amend the Charter of the City of Oglethorpe.

304

JouRNAL OF. THE SENATE,

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. Mills-
A bill to amend an Act approved August 14th; 1909, creating a new Charter for the City of Jackson.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 3'0, nays 0, the bill having received the requisite Constitutional majority was passed.

By Mr. Duncan-
A bill to amend the Act of the Legislature incorporating the town of Unadilla in the County of Dooly, approved December 24, 1890, so as to authorize the Mayor and Council to exercise the right of eminent domain.
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. HartA bill to amend the Charter of Norwood, Georgia. Report of the Committee was agreed to.

MoNDAY, JuLY 21, 1913.

B05

Upon the pas-sage of the bill the ayes were 32, nays 0, the bill having received the requisite constitutional majority was passed.

By Messrs. Lipscomb and Rhodes-
A bill to amend the Charter of the town of Athens and for other purposes.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0, the biJl having received the requisite Constitutional majority was passed.

By Messrs. Field and Smith-
A bill to authorize the Mayor and T'own Council of Lithonia, in the County of DeKalb, to have held an election by the qualified voters of said town to determine whether or not bonds shall be issued by said tmvn for the purpose of equipping a City Hall and Jail.
Report of the committee was agreed to.
Upon the passage of thiS' bill the ayes were 37, nays 0, the bi1l having received the requisite Constitutional majority was passed.
The following Senate bills were read third time and put upon their passage.

By Mr. Rushin-
A bill to repeal an Act entitled an Act to establish the City Court of Vienna, in Dooly County.

306

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 pa;ssed.

By Mr. Elkins-
A bill to amend an Act entitled an Act to incorporate the Town of Alamo.
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.

By Mr. Harrell-
A bill to provide for holding monthly sessions of the Board of Commissioners of Roads and Revenue for Stewart County, Georgia.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 32, nays 0, the bill having receiyed the requisite Constitutional majority was passed.

By Mr. Bush-
A bill to amend an Act incorporating the City of Colquitt approved August 15, 1905, and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30,

.MONDAY, JuLY 21, 1913.

307

nays 0, the bill having received the requisite Constitutional majority was passed.
The following Joint Resolution of the House ~as read and concurred in:

By Mr. Miller-
A resolution to hold a joint session on July 22, f<>r the purpose of consolidating the vote for United States Senator in the special election of July 15, 1913.
The following Senate bills were read 1st time.

By Mr. Elkins-
A bill to amend Sections 3321 and 3324 of the Code of 1910.
Referred to the General Judiciary Committee.

By Mr. Stark-
A pill to authorize the Railroad Commission to fix
the rate of speed a railroad train may run through incorporated towns or cities.
Referred to Committee on Railroads.

By Mr. Burtz-
A bill to amend Article 7, Section 1, Paragraph 1. of the Constitution, relating to pensions.
Referred to Committee on Constitutional Amend ments.

308

JouRNAL oF THE SENATE,

By Mr. SearcyA Bill to amend Sections 2721 and 2722 of th(
Code of 1910. Referred to Committee on Railroads.

Ry Mr. Payton-
A bill to prohibit unfair commercial discrimina tion between different Sections, communities and localities.
Referred to the General Judiciary Committee.

By Mr. ElkinsA bill to. a1mend Section 838 of the Penal Code; Referred to the General Judiciary Committee. Tlhe following report of the Rules Committee was
read and adopted.

Atlanta, July 21st, 1913.
Mr. President:
Your Committee on Rules having had under consideration Senate Resolution No. 29, Tecommending a modification of Rule No. 137 as adopted by the Senate on July 17th, and having had their attention called to certain other changes suggested as being advisable beg leave to submit the following report for the consideration of the Senate, to-wit:
1. That the new Rule No. 137 be amended by striking out the words "three fourths" where the

.MONDAY, JULY 21, l~)l;J.

309

same occur in said Rules and substituting the words ''two-thirds. ''
2. That a new Rule be adopted to be numbered No. 39 and to read as follows: "When a bill, etc., favorably reported by a Committee is on its third, or last, reading, if the report of the Committee is disagree~ to by the Senate the bill or measure shall be lost, unless the action of the Senate in disagreeing to the CQilllmittee report is reconsidered, within the proper time.
3. That the numbers of all the remaining Rules shall be changed so as to make them correspond and be consecutive.
J
4. That Rule No. 61 as adopted July 17th (being old Rule No. 55 of the Legislative Manual of 1911-12) be repealed and the following substituted, viz : ''After the main question has been ordered, a motion to reconsider this action will, if adopted have the effect to repeal the ordering of both the main question and the previous question, and will leave the pending measure again open to debate, and amendment. This motion to reconsider the ordering of the main question can be made only once; and if lost, or if the main question is again subsequently ordered on the pending measure, no second motion to reconsider the ordering of the main question shall be entertained.
Respectfully submitted,
B. S. MILLER, Vice Chairman. Adopted.

310

JouRNAL OF THE SENATE,

The following resolution was read first time.

By Mr. Longino-
A resolution Fixing .Senate bill No. 104 a special and continuing order for Tuesday, July 22, 1913 immediately after unanimous consent.
Referred to Committee on Rules.
Mr. Harrell moved that the following bill of the Senate which was passed last Friday be reconsidered.

By Mr. Smith-
A bill to provide for verdicts and judgments to be rendered at the appearance term of the City and Superior Courts.
On this motion the ayes and nayS' were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Bush, W. J. Harrell, G. Y. Hixon, J. T. Kea, Fred,

Longino, J. T. McGregor, C. E. Parrish, C. H. Peyton, J. T.

Pope, Le, Richardson, C. H. Searcy, W. E. H. Sr. Tyson, C. M.

'l,hose voting in the negative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. DuBose, R. T. Elkins, 0. H. Ford, L. L. Huie, G. M.
Irwin, M. D.

Jones, S. E. Jones, W. W. Johnson, J. F. Kelly, 0. L. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M.

Perry, Grant D. Rushin, M. E. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G W

MoNDAY, JrLY 21, HH:3.

311

Those not voting were Messrs.-

Burtz, A. H. Chennault, N. B.
Converse, 'w. L.

Dickey, R. L. Foster, A. H.

Ayes 12, nays 24.

Turner, S. M. watts, J. N.

The motion was lost.

The following House Bills read first time.

By Messrs. Smith, Blackburn and Cochran of Fulton-
A bill to be entitled an Act to add an additional Judge of the Superior Court for the Atlanta Circuit, to regulate the manner in which the Judges of said .Atlanta Circuit shall dispose of the business thereof, etc.
Referred to General Judiciary Committee.

By Messrs. Piquet and Olive of Richmond-
A bill to amend the City Charter of Augusta so that certain members of the police and fire department may be retired and for other purposes.
Referred to Committee on Corporations.

By Mr. Lee of Wilkinson-
A bill to be entitled an Act to transfer Wilkinson County from the Ocmulgee to the Dublin Circuit and for other purposes.
Referred to General Judiciary Committee.

312

.:rOURNAL OF THE SENATE,

By Mr. Tootle of TattnallA bill to amend the Charter of the Cit~T of Glenn
ville. Referred to Committee on Corporations.

By My Ballard of Columbia-
A bill to repeal an Act entitled an Act to provide for the payment of insolvent criminal costs in the Augusta Judicial Circuit.
Referred Special Judiciary Committee.

By Mr. Thompson of Madison-
A bill to be entitled an Act to repeal an Act to incorporate the town of Comer in Madison County and for other purposes.
Referred to Committee on Corporations.

By Mr. Adams of PikeA bill to incorporate the town of Meansville in tho
County of Pike.
Referred to Committee on Corporations.

By Mr. Stewart of Coffee-
A bill to repeal an Act creating a Board of Com missioners of Roads and Revenues in and for Coffee County, Georgia.
Referred to Committee on Counties and Couut.v Matters.

MoNDAY, JuLY 21, 1913.

3'13

By Mr. Jackson of White -
A bill to repeal an Act entitled" A~ Act" to create a board of Commissioners of Roads and Revenues for White County.
Referred to Committee on Counties and County Matters.

By Messrs. Wheatley and Sheppard of Sumter.
A bill to be entitled an Act to amend an Act approved August 18th, 1906, amending Section 29 of the Charter of the City of Americus as provided in the Act .approved November 11, 1889, with reference to paving said streets of said City and for other purposes.
Referred to Committee on Corporations.

By Mr. Stewart of CoffeeA bill to provide for holding four terms Coffee
Superior Court each year, to prescribe the time for holding same and for other purposes.
Referred to General Judiciary Oommittee.
By Mr. Stewart of Coffee-
A bill to repeal an Act to establish the City Court of Douglas in and for the County of Coffee _and all laws amendatory of and to abolish said Court, etc.
Referred to Special Judiciary Committee.

314

JouRNAL oF THE SENATE,

By Messrs. Rhodes ana Lipscomb of ClarkeA bill for the relief of S. J. Cartlege, authorizing
County Commissioners to pay claims. Referred to special Judiciary Committee.

By Mr. Estes of Lincoln-
A bill to create the office of Commissioner of Roads and Revenues for Lincoln County and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Connor of Spalding-
A bill to amend an Act to create a charter for the City of Griffin.
Referred to Committee on Corporation.

By Mr. McRae of Wilcox-
A bill to incorporate the town of Kramer in Wilcox County.
Referred to Committee on Counties and County Matters.

By Messrs. Field and Smith of DeKalb-
A bill to create a new Charter for the City of Lithonia, Georgia, to fix the incorporate limits, etc,
Referred to Committee on Corporations.

MoNDAY, JuLY 21, 1913.

315

Senate bill No. 2 was made special order for tomorrow.
100 copies of Senate .'bill No. ;9() was ordered printed for the use of the Senate.
On motion the Senate adjourned until tomorrow morning at 10 o'clock.

316

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
Tuesday, July :!2, 19lit

'J'he Senate met pursuant to adjournment at 10 o'clock and was called to order by the President.

Prayer was offered by the Chaplain.

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

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H.
Bush, vV. J.
Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H.
Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D. Joue:;, S. E. Jones, ,V. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Long-ino, J. T. MeGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Panish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. f;earcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Wa.tts, J. N.
MR. PRESIDENT.

On motion the reading of the Journal was dispensed with.

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

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

TUESDAY, JuLY 22, 1913.

317

A bill to abolish the City Court for Pulaski County.
A bill to provide for holding four terms of Pulaski 8uperior Court each year.
A bill to amend an Act to establish a public school system for the town of Eastman.
A bill to amend an Act to create the City Court for Houston County.
A bill to create a Board of Commissioners of Roads and Revenues for Coffee County.
The House has passed by the requisite Constitutional majority the following joint resolution, to-wit:
A resolution to authorize the Committee on the School for the Deaf to visit said institution in the interim between the sessions of 1913 and 1914.
One hundred copies of the substitute to Senate Bill No. 8 was ordered printed for the use of the Senate.

The following resolution was read and unanimously adopted :

By Mr. Allen-
A resolution, Whereas, the Senate has learned with profound sorrow of the death of Miss Ruth Burwell, the sister of our distinguished and esteemed Speaker of the House of Representatives. Therefore, be it resolved, that the Senate extends to him and his family its sincere sympathy. Be it further resolved,

318

JouRNAL OF THE SENATE,

that a copy of this resolution be furnished to Mr. Burwell, Speaker, by the Secretary of the Senate.
The following Senate bill was read first time:

By Mr. McGregor-
A bill to empower the Governor to declare positions of trustees or directors of State institutions vacant under certain circumstances, and to fill the vacancies.
Referred to the General Judiciary Committee.
By unanimous consent the following Senate bill was read third time, and put upon its passage:
By Mr. Smith-
A bill to amend the charter of the City of Edison, and for other purposes.
Report of the committee was agreed to.
Upon the passage of the bill tJ!e ayes were 31, nays 0; the bill having received the requisite Constitutional majority was passed as amended, and the amendments are as follows:
Mr. Smith proposes to amend Senate Bill No. 137 as follows:
By adding the following paragraphs to said bill before the repealing clause, such paragraphs and the repealing clause to be numbered consecutively, towit:
Section 10. Be it further enacted, that the Act

TuESDAY, JuLY 22, 1913.

319

approved August 20, 1906, creating the City of Edison be and the same is hereby anmended by striking the word "January" in the second line of the fourth paragraph of said Act, and inserting in lieu thereof the word "December," so that hereafter the mayor and councilmen of said city shall be elected on the first Saturday in December in each year instead of in January.
Section 11. Be it further enacted, that 'Section 6 of said aforesaid Act be and the same is hereby amended by striking the words ''on Monday'' in the first line of said section and inserting in lieu thereof the words ''on the first Monday in January,'' so that the newly elected officers aforesaid will begin their term of service hereafter on the first Monday in Jannary of each year, or as soon thereafter as practicable, as provided in said Section 6.
Section 12. Be it further enacted, that Section 8 of the aforesaid Act approved August 20, 1906, be and the same is hereby amended by striking the word "October" in the third line of said <Section 8 and inserting in lieu thereof the word ''September,'' so tha.t hereafter the registration book or books mentioned in said section shall be opened on the first of September in each year instead of October.
Section 13. Be it further enacted, that Section 8 of the aforesaid Act be further amended by striking from said ,Section 8 wherever it appears therein the word "December" and inserting in lieu thereof the word "November," so that hereafter said registration book or books shall be closed annually on the

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first of Kovemher, and thnt objections to the list of registered voters delivered to the mayor, as provided in said section, shall be made to any one or more persons so registered by the fifteenth of Novemher instead of DeC'ember, aR heretofore provided in said Section 8.
Amend the repealing clause by numbering same Section 14.
Amend the caption of said bill by adding before the words ''and for other purposes,'' the following: to change the time for holding the annual election of mayor and councilmen of said City of Edison, to <'hange the time for opening the registration books for the registration of voters, and the closing of said hooks.
Mr. Olliff, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House, the following Senate hills, to-wit:
A hill to repeal an Act to establish the City Court ()f Vienna.
A hill to amend an Act to incorporate the Cit~- of Colquitt.
A hill to provide for holding monthly sessions of the Board of Commissioners of Roads and Revenues of Stewart County:

TuESDAY, JuLY 22, 1913.

321

A bill to amend the charter of the town of Alamo. Respectfully submitted, W. M. OLLIFF, Chairman.

Mr. McNeil, Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President :
The Committee on General Judiciary has under consideration the following ,senate bills, which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:
A bill to be entitled an Act to create and authorize the appointment of notaries public for the State at large, etc.
A bill to be entitled an Act to amend Section 1037, Paragraph 4, of the Penal Code of 1910, ,relative to the competency of husband and wife as witnesses in criminal proceedings by making them competent, but not compellable to testify for or against one another, and for other purposes.
A bill to be entitled an Act to authorize the execution of a lost or destroyed deed to be proved, as to land in any county in this State, wherein the said deed was never recorded, by a certified copy from the record of any other county therein in which it was recorded.
The committee has also had under Consideration the following .Senate bill, which I am instructed to

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JouRNAL OF THE SENATE,

report back to the Senate with recommendation that the same do pass by substitute, to-wit:

A bill to be entitled an Act to revise jury lists.

The committee has also had under consideration the following Senate bills, which I am instructed to report back to the Senate, with recommendation that the same do not pass.

A bill to provide for the appointment of a stenographer for the grand juries of the counties of the State, etc.

A bill to amend Section 2945 of the Civil Code of 1910, by providing that the only grounds for total divorce in said State shall be adultery.
A bill to provide for the rotation of Judges of the Superior Court of this State, to prescribe the manner of their assignment, and for other purposes.
Respectfully submitted,
"\V. D. MoNEIL, Chairman.

Mr. President:
Your Committee on Penitentiary has had under consideration the following bill of the Senate, and instruct me as their chairman to report the same back with the recommendation that it do pass.
1Senate Bill No. 118. To make it unlawful for any person having any person in charge under arrest to deliver such person into the custody of any other

TuESDAY, JuLY 22, 1913.

323

person not authorized to receive him, and for other purposes.
Respectfully submitted,
TARVER, Chairman.

Mr. Miller, Chairman of the Committee on Finance, submitted the following report:

Mr. President:
The Committee on Finance have had under consideration the following House bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to provide upon what cond.itions and in what manner a foreign fire insurance company or assoeiation doing business in this .State, which reinsures all its policies may withdraw from the State.
Respectfully submitted,
B. S. MILLER, Chairman.

Mr. Harrell, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. President:
T!he Committee on Constitutional Amendments have had under consideration the following Senate bill, which I am instructed to report hack to the Senate with the recommendation that the same do pass, as amended, towit:

324

JouRNAL OF THE SENATE,

A bill to amend the Constitution providing how new counties shallbe established in Georgia.
Respectfully submitted, G. Y. HARRELL, Chairman.

rrhe following Senate bill was read 3rd time and put upon its passage.

By :Mr. Tarver-
A bill to amend Section 4424 and 4425, of Volume 1, of the Code of 1910, relating to recovery for homicide and for other purposes.
On the substitute offered by Mr. Miller the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Converse, W. L.

DuBose, R. T. Elkins, 0. H. McNeil, W. D. ~Iiller, B. S.

Peyton, J. T. Richardson, C. H. Tyson, C. M.

Those votinp: in the negative were Messrs.-

Burtz, A. H. Bush, W. J. Harrell, G. Y. Hixon, J. T. Ruie, G. M. Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred,

Kelly, 0. L. Longino, J. T. McGregor, C. E. Moore, J. H. OHiff, W. M. Parrish, C. H. Perry, Grant D. Pope, Le, Rushin, M. E.

Rearcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat,. J. L. Tarver, M. C. Taylor, G. W. Tun1er, S. M. Watts, J. N.

Those not voting were Messrs.-

Chennault, N. B. Dickey, R. L.

Ford, L. L.

Foster, A. H.

TuESDAY, JuLY 22, 1913.

325

Ayes 11, nays 28.
The substitute was lost.
The following amendments were adopted.
Mr. Tarver of the 43rd moves to amend .as follows:
Amend substitute by inserting immediately before the words '' S10 that said Section when amended shall read as follows : in lines 11 and 12 of Section 2 of the substitute as printed, the words; and by inserting after the words, ''from the deceased'' in line 8 of said Section the words ''and in the event of a recovery by a child or children, he or they sha,ll hold the amount of the recovery subject to the law of descents as personal property descending to the heirs-at-law of the deceased."
Amend further by insei-ting the last preceding sentence beginning with the words ''and in the event" immediately after the words "from the deceased'' in line 23 of Section 2 of the substitute as pripted.
Mr. Smith proposes to amend the printed com-= mittee substitute for Senate Bill No. 2 as follows:
By striking from the fifth line of Section 1, the words ''Minor or sui juris'' and inserting in lieu thereof the words ''if no minor child or children then child or children sui juris if any."
Mr. Smith proposes to amend the printed committee substitute for Senate Bill No. 2, as follows:
By striking the words "minor or sui juris" ap--

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JouRNAL OF THE SENATE,

pearing in line 17 of Section 1, and inserting in lieu thereof the words ''if no minor child or children, then child or children sui juris if any.''
Report of the Committee was agreed to as wmended. Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affilrmative were Messrs.-

Bulloch, R. 0. Burtz, A. H. Bush, W. J. Harrell, G. Y. Hixon, J. T. Huie, G.. M. Irwin, M. D. Jones, S. E. Jones, W. W.

Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. Moore, J. H. Olliff, W. M. Parrish, C. H. Pope, Le,

Rushin, M. E.
Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Watts, J. N.

Those voting in the negative were Messrs.-

Allen, John T. Converse, W. L. Elkins. 0. H. McNeil, W. D.

Miller, B. S. Perry, Grant D. Peyton, J. T.

Richardson, C. H. Turner, S. M. Tyson, C. M.

Those not voting were Messrs.-

Brown, John W. L. Dickey, R. L. Chennault, N. B. DuBose, R. T.
Ayes 27, nays 10.

Ford, L. L. Foster, A. H.

The bill having received the requisite Constitutional majority was passed as amended. Mr. Miller gave notice that at the proper time he would move to reconsider the action of the Senate in passing the above bill.
The hour for the joint session of the General

~1_1UESDAY, JULY 22, 1913.

327

Assembly having arrived to consolidate the vote for United States Senator, the Senate repaired to the ~all of the House of Representatives, and was called to order by the President of the Senate.

T'he President appointed the following as tellers to count and declare the result of the election held July 15 for United States Senator from Georgia for a term of 6 years from March 4, 1913:

Senat~ : Jones, Tarver, Turner, Bush, Taylor,

House: Miller, McCrory, Edmundson, Smith of Fulton. Culpepper of Meriwether.

The tellers appointed to canvass the returns, submitted the following report:

Mr. President :
We the undersigned tellers respectfully report, that upon the consideration of the votes of the several counties cast in the special election held .on .Tuly 15th, 1913, for a United States Senator from the State of Georgia for the term ending March 3', 1919, it appears that the Honorable Augustus 0. Bacon, of the County of Bibb, received 25,529 votes,

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JOURNAL OF THE SENATE,

the same being a majority of all the votes cast nt

said election.

Respectfully submitted,

JoNES,

TARVER,

TuRNER,

BusH,

TAYLOR,
Tellers on part of Senate.

MILLER,
McCRORY,
EDMONDSON,
SMITH,
of Fulton,
CuLPEPPER,
of Meriwether, Tellers on part of House.
It appearing that the Hon. Augustus 0. Bacon having secured a majority of all the votes cast for United Stated Senator from Georgia, for a term of six yearS', from March 4, 1913, the Hon Augustus 0. Bacon was declared duly elected United States Senator from Georgia for a term of six years from March 4, 1913 by the President of the Senate. On motion the joint session was dissolved and the Senate returned to the Senate Chamber and was called to order by the President.
The following resolution was read and adopted:

By Mr. AndersonResolved by the Senate that the HouS'e of Repre-

TuESDAY, JuLY 22, 1913.

329

sentatives is respedfu1ly requested to amend its rules, so that its order of business may provide a place on at least two days in the week for the passage of Senate bills.
The hour of adjournment haYing arrived the Senate adjourned until tomorrow morning at 10 o'elock.

330

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
Wednesday, July 23, 191~L

The Senate met pursuant to adjournment at In o'clock, was called to order by the President.
Prayer was offered by the Chaplain.
Upon the call of the roll the following members answered to their names:

Allen, John T.

Irwin, M. D.

Brown, John W. L. .Jones, S. E.

Bulloch, R. 0.

Jones, ,V. W.

Burtz, A. H.

Johnson, J. F.

Bush, ,Y. J.

Kea, Fred,

Chennault, N. B. Kelly, 0. L.

Cmwerse, V;. L. Longino, J. T.

Diekey, R. L. DuBo~e, R. T.

l\feGregor, C. E. McNeil, W. D.

Elkins, 0. H.

Miller, B. S.

Ford. L. L.

Moore, J. H.

Foster, A. H.

Olliff, W. M.

H-arrell, G. Y.

Parrish, C. H.

Hixon, J. T.

Perry. Grant D.

Huie, G. M.

Peyton, J. T.

Pope, Le, Richardson, C. H. Rm,hin, M. E. Searcy, W. E. H. Sr. Rmith, E. L. Spinks, W. E. Rtark, W. W. Sweat, ,J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

The Journal of yesterday was read and approved.

Mr. Miller, Vice Chairman of the Committee on Rules submits' the following report:

Mr. President :
The Committee on Rules recommends that House Bill No. 14, the Barrow County Bill, be made the spoolal and continuing order for Thursday, July 24, 1913.

WEDNESDAY, JuLY 23, 1913.

331

The Committee also recommends that Senate Bill 104, known as the Medical Practice Bill be made the special and continuing order for Tuesday, July 29, 1913. .
Respectfully submitted,
B. S. MILLER, Vice Chairman.

The above report was adopted by the Senate.
The following message was received from the House thro_ugh Mr. Boifeuillet, the Clerk thereof:

Mr. President :
The House has passed by the requisite Constitu~ tiona] majority the following bills of the House, to-wit:
A bill to amend the Act establishing the City Court of Valdosta.
A bill to repeal an Act to establish a public sehool system for Ocilla.
A bill to provide quarterly terms of Walker Superior Court.
A bill to provide for four terms of Troup Superior Court.
A bill to create a new Charter for the town of Woodbury.
A bill to amend an Act to establish the City Court nf Camilla.
The House has passed by the requisite Constitu-

332

JouRNAL Ol!' THE SENATE,

tional majority the following resolution of the House, to-wit:
A resolution authorizing and directing the Governor of Georgia to investigate certain differences between citizens of this State and certain copper companies located in the State of Tennessee.
Mr. Moore, Vice Chairman of the Committee on Counties 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 it instructs me to report back with the recommendation that it do pass, to-wit:
A bill to be entitled an Act to amend an Act creating Board of Commissioners of Roads and Revenues for Bulloch County.
1'he Committee has also had under consideration the following House Bills, which it instructs me to report back with the recommendation that they do pass, to-wit:
A bill to authorize certain contributions from the Treasury of Dougherty County, to the Albany Hospital Association.
A bill to create Board of Commissioners of Roads and Revenues for Chattahoochee County.
A bill amending Act creating Comm~ssioners of Miller County.

WEDNESDAY, JULY 23, 1913.

333

A bill amending Act creating Commissioners of Mcintosh County.
A bill to repeal Act authorizing issue and sale of certain bonds of Bibb County.
A bill to authorize Bibb County to issue and sell
bonds for certain purposes.
A bill to authorize Commissioners of Gwinnett County to pay certain costs.
A bill repealing Act creating Board of Commissioners for Irwin County.
A bill creating office of Commissioner of Roads anu Revenues f.or Irwin County.
A bill to incorporate the Town of Kramer in Wilcox County.
Respectfully submitted, MooRE, Vice Chairman.

Mr. Smith Vice Chairman of the Committee on Education submitted the following report:

Mr. President:
The Committee on E(!ucation have had under consideration the following Senate Bill }Vhich I am instructed to report back to the Senate with the recommendation that the same do not pass, to-wit:
A bill to regulate the reading of the Holy Bible in opening the public schools of this State.
Respectfully submitted, E. L. SMITH, Vice Chaivman.

~34

JOURNAL OF THE SENATE,

.Minority report qf the Educational Committee on Senate Bill No. - for the regulation of the reading of the Holy Bible in the opening of Public Schools.

Mr. President:
The undersigned member.s of the Educational Committee offer the following Minority report to Senate Bill No.- the Same being a bill providing for the reading of the Holy Bible in the opening of Public Schools and for other purposes.
We favor the reading of the Holy Bible as provided for in said Bill and believe it should pass and not be rejected by the Senate.
We ask that this dissenting report of the minority be substituted for that of the majority.
W. J. BusH, C. E. McGREGOR,
c. H. RICHARDSON,
w. E. H. SEARCY.

Mr. Burtz, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
The Co:minittee on Corporations have had under eonsideration the following House bills which I am instructed to report back to the Senate with the re<>ommendation that the same do pass, to-wit:
A bill to create a new charter for City of Lithonia.
A hill to incorporate the Town of Meansville.

WEDNESDAY, JULY 23, 1913.
A bill to repeal an Act to incorporate the town of Comer.
A bill to amend the Charter of City of Griffin.
A bill to amend the Charter of City of Augusta.
A bill to amend the Charter of City of Glennville. Respectfully submitted, A. H. BuRTz, Chairman.
Mr. Peyton, 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 it instructs me to report back with the recommendation that it do pass as amended, to-wit:
A bill to confer upon Railroad Commission authority to require union depots in certain cases.
Respectfully submitted, J. T. PEYTON, Chairman.
Mr. Hixon, Chairman of the Committee on Temperance, submitted the following report:
Mr. President:
The Committee on Temperance, have 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 substi. tute, to-wit:

336

JouRNAL OF THE SENATE,

A bill to make it unlawful for any person to purchase for another, from a blind tiger any spirituous or malt liquorH, etc.
Respectfully submitted,
J. T. HixsoN, Chairman.

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

Mr. President:
T'he Committee on Special Judiciary, has had under consideration the following House bills which I am instru0ted to report back to the Senate with recommendation that the same do pass, to-wit:
A bill to be entitled an Act to amend, alter, modify and change, certain portions of an Act of the General Assembly of Georgia, approved August 17, 1905, establishing the City Court of Monore in Walton County, Georgia.
A bill to amend an Act of the City Court of Miller County, approved August 6th, 1909, and for other purposes.
Respectfully submitted, 0. R. ELKINs, Chairman.

Minority report of the General Judiciary Commi-ttee on Senate Bill No. 119, providing for the rotation of Judges:

Mr. President: The undersigned members of the General Judi-

WEDNESDAY, JULY 23, 1913.

337

ciary Committee offer the following minority report to Senate Bill No. 119, the same being a bill providing for the rotation of Judges of the Superior Courts of Georgia, and for other purposes:

We favor the rotation of Judges of the Superior Courts as provided for in this bill, and believe the measure one that will largely correct the evil that has grown up out of the election of the Judges by the people, and that the measure will conserve the

more impartial administration of the law, as well

as to divorce the judiciary from political influences

which tendS' to distroy the confidence of the people

in the impartial administration of the law. We

therefore recommend that the bill as amended do

pass.

w. w. STARK, c. :M. TARVER,

A. H. BURTZ,

FRED KEA,
M.D. IRwm,
s. M. TURNER.

Minority report from the Committee on General Judiciary on Senate Bill No. 72.

Mr. President:
The undersigned members of the Committee on General Judiciary, respectfully submit the following minority report upon Senate Bill No. -72, to amend Section 1037, Paragraph 4 of the Penal Code of 1910, relative to the competency of husband and wife

338

JOURNAL OF THE SENATE,

as witnesses in criminal proceedings, by making them competent but not compellable to testify for or against one another, and for other purposes. Under the present law of this State neither the husband or wife are competent or compellable to give evidence in any criminal proceeding for or against each other except tha:t the wife shall be competent but not compellable to testify against her husband upon his trial for any criminal offense committed or attempted to have been committed upon her person. She is also a competent witnesS' to testify for or against her husband in cases of abandonment. of his child.
To .amend the law as proposed would in our opinion be a prolific source of perjury. The close intimate relation existing between husband and wife would it is believed exert a greater influence over them as witnesses in criminal cases than the sancity of an oath.
Moreover, the brutal, criminal husband would in~ variably compel his wife to testify for and in his behalf or he would make life to her a burden.
F.or these and other reasons we might give, we are against the proposed bill and recommend that it do not pass..
Respectfully submitted, J. L. SwEAT, 5th District. 0. H. ELKINS, 15th District.
w. E. SPINKS,
38th District.

WEDNESDAY, JULY 23, 1913.
Mr. Olliff,. Chairman of the Committee on Engrossing, submitted the following rep~rt:
Mr. President: The Committee on Engrossing have examined and
found properly engrossed, and ready for transmission to the House the following Resolution and Bills, to-wit:
A resolution in reference to the Order of Business of the House of Representatives.
A bill to alillend Sections 4424 and 4425 of Volume 1, of Code of 1910 relating to recovery for homicide.
A mH to amend the Charter of the City of Edison.
Respectfully submitted, W. M. OLLIFF, Chairman.
The following communication was read from the Governor through his Secretary, Mr. Perry.
Mr. President: I am directed by his Exe.ellency the Governor, to
deliver to your honorable body a sealed communication to whieh he respectfully invites your consideration in executive session.
The following House Bills were read second time.
By Mr. Miller of Bibb-
A bill to be entitled an Act to authorize the Board of Commissioners fQr Bibb County to issue and sell

340

JouRNAL OF THE SENATE,

bonds for the following purposes, to-wit: For re~ modeling of County Court House and the construe~ tion of s'chool buildings in said County.

By Mr. Miller of Bibb-
A bill to repeal the Act authorizing the Board of County Commissioners of Bibb County to issue and sell County Bonds for certain specified purposes and for other purposes.

By Mr. Grimes of Miller-
A bill to amend an Act approved August 7th, 1912, and entitled an Act to create a Board of County Commissioners of Roads and Revenues for the County of Miller and for other purpos'es.

By Mr. T'ootle of Tattnall-
A bill to amend the Charter of the City of Glennville.
By Messrs. Jones and Hollberg of Coweta-
A bill to create a new Charter for the Town of Sharpsburg in the County of Coweta.
By Mr. Cook of ChattahoocheeA bill to create a Board of Commissioners of
Roads and Revenues in and for the County of Chattachoochee, Ga., to provide for the appointment and qualifications of the Commissioners who constitute

WEDNESDAY, JuLY 23, 1913.

341

said Board and to prescribe their duties, fix their qualification and for other purposes.

By Mr. Clark of Dougherty -
A bill to authorize and empower the Commissioners of Roads and Revenues of the County of Dougherty from the treasury of said County to contribute toward the support and maintenance of the hospital operated by the Albany Hospital Association in the City of Albany and for other purposes.

By Messrs. Cook of Chattahoochee and Wohlwender of Muscogee-
A bill to provide upon what conditions and in what manner a foreign fire insurance company or association doing business in this State, which reinsures all its policies and contracts in force in this State may retire and withdraw from the State including any and all securities on deposit with State officials and for other purposes.

By Messrs. Picquet and Olive of Richmond-
A bill to amend the City Charter of Augusta so that certain members of the police and fire departments may be retired and for other purposes.

By Mr. Thompson of Madison-
A bill to be entitled an Act to repeal an Act to incorporate the town of Comer in Madison County and for other purposes.

342

JouRNAL OF THE SENATE,

By Mr. Atwood of Mcintosh-
A bill to be entitled an Act to amend the Charter of the City of Darien so as to allow cash to be deposited in lieu of bond in police court and for other purposes.

By Mr. Atwood of Mcintosh-
A bill to amend the Act creating Commissioners for Mcintosh County, so as to make them elective by the qualified voters for terms of two years and for other purposes.

By Mr. Ragland of Tolbert-
A bill to incorporate the town of Box Springs in Tolbot County.

By Mr. Burnett of Walton-
A bill to be entitled an Act to amend, alter, modify and change certain portions of an Act of the General Assembly approved August 17, 1905.

By Mr. Grimes of Miller-
A bill to amend an Act of the City Court of Miller County approved August 6th, 1909 and for other purposes.

By Mr. Adams of Pike-
A bill to incorporate the Town of Meansville in the County of Pike.

WEDNESDAY, JULY 23, 1913.

343

By Mr. Clements of Irwin-

A bill to create the office of Commissioner of
Roads and Revenues for Irwin County, to provide
for their compensation, term of office, etc., and for other purposes.

By Mr. McRae of WilcoxA bill to incorporate the town of Kramer in Wil-
cox County.

By Mr. Connor of Spalding-
A bill to amend an Act to create a Charter for the City of Griffin.

By Mr. Clements of Irwin-
A Bill to be entit~ed an Act to repeal an Act to create Board of Commissioners of Roads and Revenues for Irwin County, approved August 11th, 1908, and amendment thereto and for other purposes.

By Mr. Shadburn of Gwinnett-
A bill to authorize and direct the County Commissioners of Gwinnett County to pay out of the county funds of said county, raised by taxation, for paying expenses of court, etc., and for other purposes.

By Messrs. Field and Smith of DeKalbA bill to create a new Charter for the City of

344

JouRNAL OF THE SENATE,

Lithonia, Ga., to fix the incory>orate limits, etc., and for other purposes.
The following resolution was read and referred to the Rules Committee.

By Mr. McGregor-
A resolution, Resolved that Senate Bill No. 51, be made special order for Thursday, immediately after the reading 9f the Journal.
The following Senate bills were read second time.

By Mr. ~rver--
A bill to confer upon the railroad Commission the power to require of two or more railroads entering the same town or city where practicable to erect union depots.

By Mess'rs. Jones of 39th, Foster and BurtzA bill to revise jury lists in this State.

By Mr. Searcy-
A bill to make it unlawful for any person to purchase for another from a blind tiger any spiritous liquors in this State.

By Mr. Stewart-
A bill to authorize the execution of a lost or destroyed deed to be proved as to land in another County.

WEDNESDAY, JuLY 23, 1913.

345

By Mr. Parrish- .
A bill to amend an ...._<\ct creating a Board of Commissioners of Roads and Revenues for Bulloch County.

By Mr. Harrell-
A bill to Create and authorize the appointment of Notaries Public.for the State at large.
By Mr. r_ryson-
A bill to amend Section 1037, Paragraph 4, of the penal Code relative to compentency of husband and wife as witnesses.

By Mr. Kea, by request-
A bill for the relief of T. B. Hicks of Dublin, in Laurens County.
By Mr. SearcyA bill to make it unlawful for any officer in thi!'l
State to allow a prisoner in his charge to be subjected to any cruel process to extort testimony.
The following House Bills were read first time.

By Messrs. McGehee and Culpepper of Meriwether A bill rto be entitled an Act to creal:e a new Charter
for the town of Woodbury.
Referred to Committee on CorporaHons.

346

JpuRNAL oF THE SENATE,

By Messrs. Griffin and Jones of Lowndes-
A bill to be entitled to amend the Act establishing the City Court of Valdosta.
Referred to Special Judiciary Committee.

By Mr. Stewart of Coffee-
A bill to create a Board of Commissioners of RoadS' and Revenues in and for the pounty of Coffee.
Referred to Committee on Counties and County Matters.

By Mr. Farris of WalkerA bill to provide quarterly terms of the Superior
Court of Walker County, and for other purposes.
Referred to General Judiciary Committee.

By Mr. Shipp of Pulaski-
A bill to provide for holding four terms a year of the Superior Court. of Pulaski; and for other purposes.
Referred to General Judiciary Committee..

By Mr. Shipp of Pulaski-
A bill to abolish the City Court of Pulaski, to provide for disposition of books, etc., and for otherpurposes.
Referred to Special Judiciary Committee.

WEDNESDAY, JULY 23, 1913.

347

By Mr. Moon of Troup-
A bill to be entitled an Act to provide for four terms of the Superior Court of Troup County in the Coweta Circuit and for other purposes.

By Mr. Spence of MitchellA bill to amend an Act to establish the City Court
of Camilla in and for the County of Mitchell and for other purposes.
Referred to Special Judiciary Committee.
By Mr. Methvin of Dodge-
A bill to amend an Act to establish a system of public schools for the town of Eastman and for other purposes.
Referred to Committee on Education.

By Mr. Clements of Irwin-
A bill to. be entitled an Act to repeal an Act approved December 17th, 1902, to establish a public school system for the City of Ocilla in Irwin County and for other purposes.
Referred to Committee on Education.

By Messrs. Greene of Houston and Holtzclaw of Houston-
A bill to amend an Act to create the City Oourt of Houston and for other purposes.
Referred to Special Judiciary Committee.

348

JouRNAL OF THE SENATE,

By Messrs. Wright of Floyd and Hendrix of Union-
A resolution authorizing and directing the Governor of Georgia to investigate and give direction to differences between citizens of the State of Ga. and certain copper companies located in the State of Tennessee and for other purposes.
Referred to General Judiciary Committee.
On motion the following House bill was read 2nd time and recommitted to the Committee on Counties and County Matters.

By Mr. Stewart-
A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues of Coffee County.
The following House bill was read second time and recommitted to the Special Judiciary Committee.

By Mr. Stewart-
A bill to repeal the Act creating the City Court of Douglass in Coffee County.
The following House resolution was read and concurred in.

By Mr. Foster-

A resolution to authorize the Committee on the

school for the deaf to visit said institution between

sessions.

.

WEDNESDAY, JULY 23, 1913..

349

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

By Mr. TarverA bill to amend Section 4424 and 4425 of the Code. The motion was lost The following Senate bills were read first time.

By Mr. McGregor by request-
A bill to extend the powers of the Pension Commissioner and to define his duties.
Referred to General Judiciary Committee.

By Mr. Peyton-
A bill to authorize the granting of free passes to sheriffs and deputy sheriffs of this State.
Referred to Committee on Railroads.

By Mr. DuBoseA bill to amend Section 3016 of the Code of 1910,
relative to Children's Court. Referred to General Judiciary Committee.
By Mr. DuBoseA bill to amend Section 895 of the Penal Code
relative to Children's Court. Referred to Genera_] Judiciary Committee.

350

JOURNAL OF THE SENATE,

By Mr. KeaA bill to prescribe the amount of cost in cases
involving $100.00 or less in the City Court of Dublin.
Referred to Special Judiciary Committee.

By Mr. McNeil-
A bill to amend Section 3955 of the Code so as to permit any Trust Companies of this State to be appointed County administrator where it has its principal office.
Referred to General Judiciary Committee.

By Mr. IrwinA bill to make it compulsory upon Railroads to
provide and keep a telephone in ticket offices.
Referred to Committee on Railroads.

By Mr. Allen by request -
A bill to fix the status of every resident of thi8 State whose spouse residing in another State or foreign country.
Referred to General Judiciary Committee.
The following Senate bills were read third time and put upon their passage.

By Mr. Smith-
A bill to authorize and empower the Judges of the Superior Courts of this State to grant Charter to private Companies in vacati~n.

WEDNESDAY, JULY 23, 1913.

351

The following amendment was adopted:
Amend Section 1, by inserting in the 4th line of said Section after the words "in vacation," the words ''at chambers.''
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 as amended.

By Messrs. Pope, Hixon and others-
A bill to put into force the Constitutional Amendment ratified at the November election in 1912, of Article 7, .Section 2, Paragraph 2, of the Constitution.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 3; the bill having received the requisite Constitutional majority was passed.

By Mr. Hixon-
A bill to prohibit any person firm or corporation from shipping any malt or intoxicating liquors into this State for illegal sale.
The following amendment was offered by Mr. Dickey by striking in excess of three gallons and substituting in excess of one gallon.
On this amendment the ayes and nays were ordered and the vote was as follows.

JouRNAL OF THE SENATE,

Those voting in the affirmative were Messrs.-

Burtz, A. H. Bush, W. J. Dickey, R. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Irwin, M. D.

Jones, S. E. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. Moore, J. H. Perry, Grant D.

Peyton, J. T.
Pope, Le,
Richardson, C. H. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E.

Those voting in the negative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Chennault, N. B. Converse, W. L. DuBose, R. T. Elkins, 0. H. Ford, L. L.

Huie, G. M. Jones, W. W. Johnson, J. F. McNeil, W. D. Miller, B. S. Olliff, W. M. Parrish, C. H. Rushin, M. E.

Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

Ayes 20, nays 23.

The amendment was lost.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 32, nays 3; the bill having received the requisite Constitutional majority, was passed, by substitute as amended, and the amendment is as follows :

Amend by inserting between the word same Bnd to in the fifth line of Section 2, the words "if in P.Xeess of three gallons.''

On motion the Senate adjourned until tomorrowmorning at 10 o'clock.

THURSDAY, JULY 24, 1913.

:i53

SENATE CHAMBER, ATLANTA, GA.,
Thursday, July 24th, 1913.

The Senate met pursuant to adjourD!ment 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.

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

The reading of the Journal was dispensed with.
By unanimous consent the following Senate bin was read third time and put upon its passage.

By Mr. Parrish-
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of .Bullock.
Report of the committee was agreed to.

354

JouRNAL OF THE SENATE,

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

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

Mr. President:
The Committee on Engrossing, have examined and found properly engrossed and ready for transmission to the House, the following bills of the Senate, to-wit:
A bill to authorize Judges of the Superior Courts of this State to grant charters to private companies in vacation and for other purposes.
A bill to put in force the Constitutional a~end ment ratified at the November election, 1912, to exempt farm products from taxation.
A bill to prohibit any person or private carrier from shipping mault and intoxicating liquors into this State.
Respectfully submitted, W. M. OLLIFF, Chairman.

Mr. Peyton, Chairman of the Committee on Railroads, submitted the following report:

Mr. PresidJent:
The Committee on Railroads have had under consideration the following Senate Bills which I am in-

THURSDAY, JULY 24, 1913.

355

structed to report back to the Senate with the recommendation that the same do pass to-wit:
A bill to amend Section 2626 of Civil Code relative to duties of Chairman of Railroad Commission.
A bill to provide that notice by the carrier shall be given to consignees of freight.
A bill to confer upon the Railroad Commission the power to place a time limit in orders issued approving issuance 9f stocks, bonds, etc.
Respectfully submitted, J. T. PEYTON, Chairman.

Mr. Rushin, 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 bill which it instructs me to report back with the recommendation that it do not pass, to-wit:
A bill to create the office of Commissioner of Roads and Revenues for Lincoln County.
Respectfully submitted, M. E. RusHIN, Chairman.

Mr. McNeil, Chairman of the Committee on General Judiciary, submitted the following report:

356

JouRNAL oF THE SENATE,

Mr. Presid)ent:
The Committee on General Judiciary have had under consideration the following House bills which I am instructed to report back to the Senate with the recommendation do pass, to-wit:
A bill to change the time of holding the Superior Court of Irwin County.
A bill to create an additional .Judge of the Superior Court of the Atlanta Judicial Circuit.
T!he Committee have had under consideration the following Senate bills which I am instructed to report to the Senate with the reco'llmendation that the same do not pass, towit:
A bill to amend Section 1036 of the Penal Code.
A bill to amend Section 1036 of the Penal Code so as to provide that defendantR shall be subject to cross examination.
A bill to change the time of meeting of the General Assembly.
A bill to provide a permanent registration of voters.
The. committee recommends that the following Senate Bill be read a 2nd, time and recommitted to tl1e General Judiciary Committee, to-wit:
A. biTI to fix the salary of the Solicitors General o1 the several circuits of this State.
Respectfully subimtted, W. D. McNEIL, Chairman.

THURSDAY, JULY 24, 1913.

3'57

Mr. President:
The General Judiciary Committee having reported unfavorably upon Senate Bill No. 56, providing for Biennial Sessions of the General Assembly, we the undersigned members of said committee herewith file a minority report, and think that for the following reasons the said bill should pass.
1. T'here is enough law upon the statute book of Georgia.
2. The annual sessions have tendency to disorganize business, and an eternal amending of laws therefore confusing and leaving the public in state of uncertainty of what is the law.
3. It is too expensive when same work, passing same laws could be occomplished every two years.
4. Too frequent elections which disturb the public mind and local conditions and many other good and valid reasons here unnecessary to set out.
JOHN T. ALLEN'
w. M. OLLIFF,
s. M. TURNER, w. E. SPINKS.
Mr. Burtz, Chairman of the Committee on Corporations, submitted the following report:
Mr. P,-e.sid,ent:
The Committee on Corporations has had under consideration the following House Bills which it instructs me to report back with the recommendation that they do pass, to-wit:

358

JouRNAL oF THE SENATE,

A bill wmending Act incorporating City of Americus.
A bill amending Sec. 29 of Charter City of Ameri-cus.
Respectfully submitted,
A. H. BuRTZ, Chairman.

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

Mr. President:
The House has passed by the requisite Constitutional majority, the following bills of the House towit:
A bill to repeal an Act to incorporate the town of Danielsville.
A bill to incorporate the City of Comer.
A bill to incorporate the City of Chickamauga.
A bill to amend the Charter of the City of Buford.
A bill to amend an Act incorporating the City of :Sycamore.
A bill to require the Board of Commissioners of Roads and Revenues of Sumter County to work the county chain gang on the streets of the City of Americus.
The House has passed by the requisite Constitutional majority the following bills of the Senate, to-wit:

THURSDAY, JULY 24, 1913.

359

A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Charlton County.
A bill to amend an Act creating the City Court of Jefferson so as to change the time of holding its sessions.
A bill to amend an Act creating the City Court of Jefferson, so as to provide for an official stenographer.
The House has concurred in the Senate amendment to the following bill of the House, to-wit:
A bill to amend the charter of the town of Tunnel Hill.
By unanimous consent the following House bills were read third time.and put upon their passage.

By Mr. Grimes-
A bill to amend an Act creating and establishing rthe Oity Court of MiiJ.ler Co~ and fur :other purposes.
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.

By Mr. Adams-

A bill to incorporate the town of Meansville in

the County of Pike.

'

3611

JOURNAL OF THE SENATE,

Report of the committee was agreed to.
Upon the passage of the bill the ayes were ;~5, nays 0; the bill having received the requisitH Constitutional majority was passed.

By Mr. Grimes-
A bill to amend an Act approved August 7th, 1912, and entitled an Act to create a Board of County Commissioners of Roads and Revenues for the County of Miller.
Report Qf the Committee was agreed to.
Upon the passage of the Bill the ayes were 36, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. McRae-
A bill to incorporate the town of Kramer in Wilcox County.
The 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.

By Messrs. Picquet and Olive of Richmond-
A bill to amend the City Charter of Augusta so that certain members of the police and fire departn;tents may be retired and for other purposes.
Report of the committee agreed to.

THURSDAY, JULY 24, 1913.

361

Upon the passage of the bill the ayes were 31, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Tootle-

A bill to amend the charter of the City of Glennville.

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 Con-

stitutional majority, was pa~sed.



By Mr. Connor-
A bill to amend an Act to create a charter for the City of Griffin.
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.

By Mr. Atwood-
A bill to amend the Charter of the City of Darien.
Report of the committee waS' agreed to.
Upon the passage of the bill the ayes were 37, nays 0 ; the bill having received the requisite Constitutional majority, was passed.

362

JouRNAL OF THE SENATE,

By Mr. Ragland~A bill to incorporate the Town of Box Springs in
T.albot County.
;Report of the committee was agreed to.

Upon the passage of the bill the ayes were 39, nays 0; the bill having received the requisite co?stitutional majority was passed.

By Mr. Clark-
A bill to authorize and empower the commission ers of Roads and Revenues of the County of
Dougherty from the Treasurer of said County to contribute toward the support of the hospital operated by the Albany Hospital association in the city of Albany.
Report of the Committee was agreed to.
Upon the passage of the Bill the ayes were 3'5, nays 0; the bill having received the requisite Constitutional majority was passed.

By Mr. Cook-
A bill to cr.eate a Board of Commissioners of Roads and Revenues for Chattahoochee Oounty.
Report of coonmittee 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.

. THURSDAY, JULY 24, 1913.

363:

By Mr. Atwood-
A bill to amend the Act creating Commissioners for Mcintosh County.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 34,
nays o; the bill having received the requisite Con-
stitutional majority was passed.

By Mr. Burnett-
A bill to amend, alter, modify. and change certain portions of an Act of the General Assembly of Ga., approved August 17, 1905, establishing 1the City Court of Monroe in Walton County.
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 pass~.

By Mr. Shadburn-
A bill to authorize the county commissioners of Gwinnett County to pay out of the county funds of said county raised by taxation for paying expenses of court, to the officers of the City Court of Buford,. etc.
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.

364

JiOURNAL OF THE SENATE,

By Messrs. Field and Smith-

A bill to create a new Charter for the City of Lithonia.

Report of Committee was agreed to.

Upon the passage of the bill the ayes were 36, nays, 0; the bill having received the requisite Constitutional majority was passed.

By .Mr. ~Eller -
A bill to authorize the Board of Commissioners in Bibb County to issue and sell bonds for the following purpose, to-wit: F'or remodeling of County Court House and construction of school buildings.
Report of the committee was agreed to.
Upon the passage of the bill the ayes 3'5, nays 0; the bill having received the requisite Constitutional majority was passed.

By Mr. Miller- '
A bill to repeal the Act authorizing the Board of County Commissioner!'~ of Bibb County to issue and sell County Bonds for certain specified purposes.
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.

THURSDAY, JULY 24, 1913.

365

By Mr. Clements-
A bill to create the office of Commissioner of Roads and Revenues for Irwin County, etc.
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.

By Messrs. Jones and Rollberg of Coweta-
A bill to create a new charter for the town of Sharpsburg in the County of Coweta.
Report of committee was agreed to.
Upon the passage of the bill the ayes were 35, nays 0; the bill having received the requisite Con. stitutional majority, was passed.

By Mr. Clements-
A bill to repeal an Act to create Board of Commissioners of Roads and Revenues for Irwin County, approved August 11th, 1908, and amendment thereto.
Report of committee 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. ThompsonA bill to repeal an Act to incorporate the Town of
Comer in Madison County.

366

JouRNAL OF THE SENATE,

Report of 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 Senate bill was read third time and put upon its passage which was special order for today.

By Mr. Adams of Hall-
A bill to amend Paragraph 2 of Section 1, Article 2, of the Constitution so as to prov5.de /for the creation of the County of Barrow.
Report of the committee was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote is as follows.

ThoS'e voting in the affirmative were Messrs._:_

Allen, John T.
Bulloch, R. 0. Bush, W. J. Chennault, N. B. Oonverse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. F~rd, L. L.

Irwin, M. D. Jones, S. E. Jones, W. W. Kea, Fred, Kelly, 0. L. McNeil, W. D. Miller, B. S. Moore, J. H.

Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. .~weat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Watts, J. N.

Those voting in the negative were Messrs.-

Brown, John W. L. Burtz, A. H. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Johnson, J. F. Longino, J. T. McGregor, C. E. Olliff, W. M. Parrish, C. H. Perry, Grant D.

Peyton, J. T. Pope, Le, Spinks, W. E. Stark, W. W. Tyson, C. M.

THURSDAY, JULY 24, 1913..

367

'Tihose not voting were Messrs.-
Riehardson, C. H.

Ayes 25, nays 17.
The bill not having received the requisite Constitutional majority was lost.
Notice was given that at the proper time a motion would be made to reconsider the action of the Senate in defeating the above bill. The Senate adjourned until tomorrow morning at 10 o'clock.



368

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
Friday, July 25, 1913.

The Senate met pursuant to adjournment at 1 o'clock, was called to order by the President.
Prayer was offered by the Chaplain.
Upon the call of the roll the following members answered to their names.

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. 1\f.

Irwin, .M. D. .Jones, S. E. .Jones, W. W. .Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. .McGregor, C. E. McNeil, W. D.
Miller, B. S. Moore, J. H. Olliff, W. 1\f. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E . Searcy, W. E. H. Sr Smith, E. L. Rpinks, W. E. Stark, W. W. Sweat, J. L. Tarver, 1\f. C. Taylor, G. W. Turner, S. 1\f. Tyson, C. 1\f. Watts, J. N.
MR. PRESIDENT.

The reading of the journal was dispensed with.
On motion when the Senate adjourns today it will stand adjourned until Monday morning at 10 o'clock.
Mr. DuBose moves to reconsider the action of the Senate in defeating the following bill of the House on yesterday.

By Mr. AdamsA bill to amend Paragraph 2 of Section 1, of

FRIDAY, JuLY 25, 1913.

36U

Article 2 of the Constitution so as to create the County of Barrow.
The motion prevailed and the bill was reconsidered.
Mr. Olliff, Chairman of the Committee on Enprossing, submitted the following report:

Mr. President: .
.The Committee on Engrossing have examined and found properly engrossed and ready for transmis-
sion to the House, the following Senate B. ill, to-wit:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Bulloch.
Respectfully sub.mitted,
W. M. OLLIFF, Chairman.

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

Mr. President:
The Committee on Education has had under consideration the following bills :
Senate Bill No. 41. An Act to make the State Superintendent of Schools a member ex-officio of the Board of Trustees of the District Agricultural Schools.
Senate Bill No. 95. A bill to be entitled an Act to make the President Board of Trustees of the

370

JouRNAL OF THE SENATE,

South Georgia Normal College a member of the Board of Trustees of the University of Georgia.

House Bill No. 449. A bill to be entitled an Act to repeal an Act approved December 17th, 1902, to establish a public school system for the City of Ocilla in Irwin County and for other purposes. I am instructed to recommend that these bills do pass.
A. H. FosTER, Chairman.

Minority report of the Committee on appropriations to Senate Bill No. 128.

Mr. President:
The undersigned members of the Committee on Appr.opriations, offer the following minority report to Senate Bil No.128, providing for the monthly payment to school teachers.
We are opposed to said bill for the reason that th& condition of the State Treasury renders it impracticable and impossible to carry out the provisions of said bill.
M.D. IRWIN,
w. w. STARK, s. M. TuRNER,
G. M. HUIE,
c. H. PARRISH,
JOHN T. ALLEN.
Mr. Stark, Chairman of the Committee on AppropriatioJ1s:, submits the following report:

FRIDAY, JuLY 25, 1913.

an

M1. President :
The Committee on Appropriations have had under consideration Senate Bill No. 128, providing for monthly payment of school teachers and for other purposes, and I am instructed to report the same hack with a recommendation that the same do pass by substitute.
W. W. STARK, Chairman.

Mr. Brown, Chairman of the Committee on W. & A. R. R., submitted the following report:

Mr. President:
The Committee on Western & Atlantic Railroad have had under consideration the following House Resolution which I am instructed to report back to the Senate with the recommendation that same do not pass, to-wit:
A resolution to appoint a joint committee to investigate the advisability of purchasing the Atlanta, Birmingham & Atlantic Railroad.
Respectfully submitted, J. W. L. BRowN, Chairman.

Minority report of the General Judiciary Committee on Senate Bill No. 68, to provide for permanent registration in Georgia.

Mr. President:
The undersigned members of the General Judiciary Committee offer this their minority report on

372

JOURNAL OF THE SENATE,

Senate Bill No. 68, providing for permanent registration and for other purposes.

We favor the passage of this bill as amended, and

believe the measure a good one, an:d one that will

prevent a great many voters from being disfran-

chised. We therefore recommend that the bill do

pass as amended.

w. w. STARK, s. B. MILLER, w. M. OLLIFF,
A. H. BuRTZ,
J. L. SwEAT,
w. E. SPINKS,

CHAS. M. TYSON'

JNO. T. ALLEN,

The following House bills were read first time.

By Mr. Warren of Turner-
A bill to amend an Act incorporating the City of Sycamore, in the County of Turner State of Georgia, and for other purposes.
Referred to Committee on Corporations.

By Mr. Thompson of Madison-
A bill to create and incorporate the City of Comer in the County of Madison and to grant a Charter to that municipality under that corporate name, and for other purposes.
Referred to Committee on Corporations.

)!'RIDAY, JULY 25, 1913.

373

By Mr. Shadburn of GwinnettA bill to be entitled an Act to amend the Charter
of the City of Buford in Gwinnett County.
Referred to .Committee on Corporations.

By Mr. Thompson of Madison-
A bill to be entitled an Act to repeal an Act to in<lorporate the town of Danielsville, in the County of Madison, and for other purposes.
Referred to committee on Corporations.

By Mr. Farris of Walker-
A bill to incorporate the City of Chickamauga in the County of Walker, Ga., and for other purposes.
Referred to committee on Corporations.
By Mr. wheatley of Sumter-
A bill to authorize and require the Board of Commissioners of Roads lJ-nd Revenues of County of Sumter to work county chain gang force upon streets of city of Americus and for other purposes.
Referred to committee on Counties and County matters.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
Mr. President: The House has passed by the requisite Constitu-
tional majority the following bills, to-wit:

374

JouRNAL oF THE SENATE,

A Bill to change the County site of Murray County.

A bill to incorporate the City of Danielsville.

A bill to amend an Act abolishing the Board of Commissioners of Roads and Revenues for Wilkes County.

A bill to amend an Act creating the Board of Commissioners of RoadS' and Revenues for Early County.
A bill to amend an Act incorporating the City of Ocilla.
A bill to amend an Act to incorporate the town of Unadilla.

A bill to amend the Charter of the City of Valdosta.

The House has adopted the following joint resolution of the House, to-wit:

A resolution endorsing Hon. Walter P. Andrews for the post of Consul-Gene~al to Paris, France.

The following House Bills were read second time.

By Mr. Wheatley of Sumter-
A bill to be entitled an Act to amend an Act, etc., incorporating the city of Americus in the County of Sumter.

By Messrs. Wheatley and Sheppard of SumterA bill to be entitled an Act to amend an Act ap-

]'RIDAY, JULY 25, 1913.

375

proved August 18, 1906, amending Section 29 of the Charter of the City of Americus.

By Mr. Clements of Irwin-
A bill to repeal an Act approved, December 17th, 1092, to establish a public school system for the City of Ocilla in Irwin County and for other purposes.

By Mr. ClementRA bill to change the time of holding the Superior
Court in Irwin County in the Cor.dele Circuit and for other purposes.
By Messrs. Smith, Blackburn, Cochran of Fulton-
A bill to be entitled an Act to add an additional Judge of the Superior Court for the Atlanta Circuit.
'r'he last named bill was recommitted to the Committee on General Judiciary.
The following Senate bill was taken up with adverse report from the Committee and the Committee report was agreed to and bill lost.
By Mr. Peyton-
A bill to prevent the sale of boots and shoes as of leather construction when other material is substituted therefor.
The following resolution was read.
By Mr. Smith-
Resolved by the Senate that beginning with next

376

JouRNAL oF THE SENATE,

Monday, July 27, inst. that the Senate hold afternoon sessions from 3 p. m. to 5 p. m. until after the appropriation bill and General Tax Act is disposed of.
Referred to Committee on Rules.
The following Senate bills were read first time.

By Mr. Tyson-
A bill to authorize and require the several County Boards of Educa.tion of the several counties of this State to borrow money to pay teachers. -
Referred to the Committee on Education.

By Mr. Huie-A bill to amend Section 2166 of the Code so as t(}
extend t'he life of Railroad Charters.
Referred to the General Judiciary Committee.

By Mr. SearcyA bill to make it unlawful for any person to play
games with cards or dice on Sunday. Referred to Special Judiciary Committee.
By Mr. McGregorA bill to fix the time of residence in Georgia of
ex-confederate soldiers and widows of ex-confederate veterans who enlisted in the confederate army.
Referred to Committee on Pensions.

lt1RIDAY, JuLY 25, 1913.

377

The following Senate bills were read second time.

By Mr. Perry-
A bill to provide for monthly payments of school teachers of this State.

By Mr. DuBose-
A bill to make the President of the Board of Trustees of the South Georgia Normal College ex-officio, a member of the Trustees of the University of Ga.

By Mr. Huie-
A bill to amend Section 2626 of the Civil Code of Georgia.

By Mr. Huie-
A bill to provide that notice by the carriers shall be given to consigner of freight before undelivered goods may be sold.

By Mr. Bush-
A bill to make the State superintendent of schools .a member ex-officio of the Board of Trustees of the District Agricultural Schools.

By Mr. Huie-
A bill to confer upon the Railroad Commission of Georgia the power and duty to place a time limit in orderS' hereafter issued approving the issuing of bonds.

JouRNAL oF THE SENATE,
By Mr. HarrellA bill to fix the salary of the Solicitors General of
the State of Georgia. This bill was recommitted to the General Judi-
ciary Committee. By unanimous consent the following Senate bills
were read :first time.
By Messs Sweat, Converse and othersA bill to remove the Experiment Station from
Griffin to South Georgia. Referred to Committee on Agriculture.
By Mr. KellyA bill to amend the Charter of the City of Augusta Referred to Committee on Corporation.
By unanimous consent the following House bill was read third time and put upon its passage.
By Messrs. Cook and WohlwenderA bill to provide- upon what condition and in what
manner foreign Fire Insuranuce Companies doing business in this State may withdraw from the State.
Report of the Committee was agreed to. Upon the passage of the bill the ayes were 26,. nays 0; the bill having received the requisite Constitutional majority was passed.

FRIDAY, JULY 25, 1913.

379

On motion action on the following Senate bills was postponed until next Wednesday and 100 copies were ordered printed for the use of the Senate.

By Mr. Hixon-
A bill to provide who may contract marriage in this State.

By Mr. Tarver-
A bill to give courts of original jurisdiction authority in certain cases to so mould their sentences so that defendant may serve sentence outside of the penitentiary.
The following Senate bills were read third time and put upon their passage.

By Mr. Tarver-
A bill to confer upon the Railroad Commission of Georgia, the power and authority to require of two or more Railroads entering the same town or city in this State when practicable the erection of a union passenger station.
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. SearcyA bill to make it unlawful for any person to pur-

380

JouRNAL oF THE SENATE,

chase intoxicating liquors from a blind tiger for another person.
Mr. Harrell moved to indefinitely postpone the bill and on this motion the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Chennault, N. B. Converse, W. L.

Elkins, 0. H. Harrell, G. Y. Jones, S. E. Jones, W. W. Johnson, J. F.

Kea, Fred, MeNeil, W. D. Rushin, M. E. Turner, S. M. Tyson, C. M.

Those voting in the negative were Messrs.-

Bush, W. J. Foster, A. H. Hixon, J. T. Huie, G. M. Kelly, 0. L. Longino, J. T. McGregor, C. E.

Moore, J. H.

Smith, E. L.

Olliff, W. M.

Spinks, W. E.

Perry, Grant D. Stark, W. W.

Pope, Le,

Sweat, J. L.

Richardson, C. H. Tarver, M. C.

Searcy, W. E. H. Sr. Watts, J. N.

Those not voting were Messrs.-

Dickey, R. L. DuBose, R. T. Ford, L. L.

Irwin, M. D. Miller, B. S. Parrish, C. H.

Peyton, J. T. Taylor, G W

Ayes 16, nays 19.

The motion was lost.
Mr. McNeil moved to table the bill and on this motion the ayes and nays were ordered and the vote was as follows:

FluDAY, JULY 25, 1913.

381

Those voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Chennault, N. B. Converse, W. L. Elki.i:ts, 0. H.

Harrell, G. Y. Irwin, M. D. Jones, S. E. Jones; W. W. Johnson, J. F. Kea, Fred,

McNeil, W. D. Miller, B. S. Rushin, M. E. Turner, S. M. Tyson, C. M. Watts, J. N.

Those voting in the negative were Messrs.-

Bush, W. J. Foster, A. H. Hixon, J. T. Kelly, 0. L. Longino, J. T. McGregor, C. E. Moore, J. H.

Olliff, W. M.

Smith, E. L.

Parrish, C. H.

Spinks, W. E.

Perry, Grant D. Stark, W. W.

Pope, Le,

Sweat, J. L.

Richardson, C. H. Tarver, M. C.

Searcy, W. E. H. Sr. MR. PRESIDENT.

TI!ose not voting were Messrs.-

Burtz, A. H. Dickey, R. L. DuBose, R. T.

Ford, L. L. Huie, G. M.

Ayes 18, Nays 19.

Peyton, J. T. Taylor, G. W.

The motion was lost.

Mr Sweat offered the following amendment to the bill.

Amend the substitute by adding at the end of Section 1, the following proviso:

Provided that this Act .shall no~ apply to any one who shall make a purchase for the purpose of obtaining evidence against the seller.

By SWEAT of the 5th District.

382

JOURNAL OF THE SENATE,

On this amendment the ayes and nays were order ed and the vote was as follows.

Those voting in the affirmative were Messrs.-

Bush, W. J. Foster, A. H. Harrell, G. Y. Huie, G.. M.

Jones, S. E. McGregor, C. E. Olliff, W. M.

Perry, Grant D. Spinks, W. E .. Sweat, J. L.

Those voting in the negative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, .A. H. Chennault, N. B. Converse, W. L. DuBose, R. T. Elkins, 0. H. Hixon, J. T. Irwin, M. D.

Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McNeil, W. D. Miller, B. S. Moore, J. H. Parrish, C. H. Pope, Le,

Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Stark, W. W. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.

Those not voting were Messrs.-

Dickey, R. L.

Ford, L. L.

Peyton, J. T.

Ayes 10, nays 30.
The amendment was lost.
Mr. MeNeil moved to postpone consideration of this bill until next Monday and on this motion the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Chennault, N. B.

Converse, Vv. L.
Elkins, 0. H.
Huie, G. M. Irwin, M. D.

Jones, S. E. Johnson, J. F. Kea, Fred, McNeil, W. D.

FRioAY, JULY 25, 1913.

383

Miller, B. S. Rushin, M. E. Spinks, W. E.

Sweat, J. L. Turner, S. M.

Tyson, C. M. Watts, J. N.

Those voting in the negative were Messrs.-

Burtz, A. H. Bush, W. J. Foster, A. H. Harrell, G. Y. Hixon, J. T. Kelly, 0. L. Longino, J. T.

McGregor, C. E. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Pope, Le, Richardson, C. H.

Searcy, W. E. H. Sr. Smith, E. L. Stark, W. W. Tarver, M. C. Taylor, G. W.
MR. PRESIDENT.

Those not voting were Messrs.-

Dickey, R. L. DuBose, R. T.

Ford, L. L. Jones, W. W.

Ays 19, nays 20.

Peyton, J. T.

The motion was lost.

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

Those voting in the affiTm.ative were Messrs.-

Bush, W. J. Foster, A. H. Hixon, J. T. Kelly, 0. L. Longino, J. T. McGregor, C. E.

Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D.
Pope, Le, Richardson, C. H

Searcy, W. E. H. Sr Smith, E. L. Stark, W. W. Tarver, M. C. Taylor, G. W. Watts, J. N.

Those voting in the negative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Chennault, N. B.

Converse, W. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Harrell, G. Y.

Huie, G. M. Irwin, M. D. Jones, S. E. Johnson, J. F. Kea, Fred,

384

JOURNAL OF THE SENATE,

McNeil, W. D. Miller, B. S. Rushin, M. E.

Spinks, W. E. Sweat, J. L.

Turner, S. M.
Tyson, C. M.

Those not voting were Messrs.-

Dickey, R. L.

Jones, W. W.

Peyton, J. T.

Ayes 18, nays 22.

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

By unanimous consent the following Senate bill was read first time.

By Mr. McNeil by request-
A bill to aiillend the Act creating a new Charter for the City of Macon, approved November 21, 1893.
Referred to the Committee on Corporations.
On motion when the Senate adjourned today it will stand adjourned until Monday morning at 11 o'clock.
On motion the Senate adjourned.

MoNDAY, JuLY 28, 1913.

385

SENATE CHAMBER, ATLANTA, GA.,
Monday, July 28, 1913.

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

Prayer was offered by the Chaplain.

. Upon the call of the roll the following membel'S answered to their names.

Allen, John T.

Irwin, M. D.

Brown, John W. L. Jones, S. E.

Bulloch, R. 0.

Jones, W. W.

Burtz, A. H.

Johnson, J. F.

Bush, W. J.

Kea, Fred,

Chennault, N. B. Kelly, 0. L.

Converse, W. L. Longino, J. T.

Dickey, R. L.

McGregor, C. E.

DuBose, R. T.

McNeil, W. D.

Elkins, 0. H.

Miller, B. S.

Ford, L. L.

Moore, J. H.

Foster, A, H.

Olliff, W. M.

Harrell, G. Y.

Parrish, C. H.

Hixon, J. T.

Perry, Grant D.

Huie, G. M.

Peyton, J. T. Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Watts, J. N.
MR. PRESIDENT.

Tlhose absent were Messrs.-
Tyson, C. M.

Mr. Hixon gave notice that at the proper time he would move to reconsider the action of the Senate in defeating Senate Bill No. 9 on last Friday.
On motion the reading of the journal was dispensed with.
Mr. Hixon moved to reconsider the action of the

.)86

JouRNAL OF THE SENATE,

Senate in defeating the following bill on last Friday.

By Mr. Searcy-
A bill to make it unlawful for any person to purchase any into~icating liquors from a blind tiger.
T'he motion prevailed and the bill was reconsidered.
On motion the following bill of the Senate was recommitted to the Committee on Hygiene and Sanitation.

By Mr. Hixon-
A bill providing for the inspection of bakeries and canneries in this State.
By unanimous consent the following Senate bill was read 3rd time and put upon itS' passage.

By Mr. DuBose-
A bill to make the President of the Board of Trustees of the South Georgia Normal College exofficio a member of the Board of Trustees of the University of Georgia.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 23, nays 0; the bill having received the requisite Constitutional majority was passed.
By unanimous' consent the following House bills ,were read third time and put upon their passage.

MoNDAY, JuLY 28, 1913.

387

By Mr. Wheatley-
A bill to amend an Act incorporating the City of Americus.
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. Wheatley and Sheppard-
A bill to amend the Act approved August 18, 1906, amending Section 29, of the Charter of the City of Americus.
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. ClementsA bill to be entitled an Act to repeal an Act ap-
proved December 17th, 1902, to establish a public -school system for the city of Ocilla in Irwin County,
Report of the Committee was agreed to. Upon the passage of the bill the ayes were 31, nays 0; the bill having received the requisite Constitutional majority was passed.
By Mr. Moye-
A bill to change the time of holding Superior

388

JouRNAL OF THE SENATE,

Court in Johnson County, Georgia, in the Dublin Judicial Circuit.
Report of the c.ommittee 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. Cle'Illents-
A bill to change the time of holding the Superior Court in Irwin County in the Cordele Circuit 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.
Mr. DuBose, Chairman of the Committee on Insurance, submitted the following report:

Mr. President :
The Committee on Insurance has had under consideration the following Senate Bill which I am in.. structed to report back to the Senate with recommendation that the same do pass by substitute, towit:
A bill to regulate and control the organization and operation of insurance companies.
Respectfully submitted,
DuBosE, Chairman.

MoNDAY, JuLY 28, 1913.

389'

Mr. MeNeil, Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President:
The Committee on General Judiciary have 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, towit:
A bill to amend sections 80 and 111 of Vol. 1 of Civil Code, so as to change the time of electing State and County officers and members of the General Assembly.
A bill to require Clerks of Courts to keep a docket of forfeited bonds.
The committee has had under consideration the following Senate Bill which I am instructed to report back to the Senate with the recommendation that the same do pass, as amended, to-wit:
A bill to amend Sections 38 and 60 of the Civil Code relative to the time of closing registration books.
The committee has had under consideration the following Senate Bills which I am instructed to report back to the Senate with the recommendation . that the same do not pass, to-wit:
A bill to prohibit any person or firm engaged in
the delivery of messages or packages from sending

:390

JouRNAL oF THE SENATE,

any minor under sixteen years to any disreputable place.
A bill to repeal Section 388 of the Penal Code of 1910, relating to jurisdiction of prosecutionS' for using abusive or obscene language.
The committee has had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A Bill to provide an additiona] Judge of the Superior Court for the Atlanta Circuit.
The committe has had under consideration the following House Resolution which I am instructed to report back to the Senate with the recommendation that the same do pass' by substitute, to-wit:
A Resolution authorizing and directing the Governor to give direction to differences between citizens of the S:tate of Georgia and certain copper CO'mpanies located in the State of Tennessee.
Respectfully submitted, W. D. McNEIL, Chairman.

Mr. 01li:ff, Chairman of the Committee on Engrossing, submitted the following report :

Mr. President:
The Committee on Engrossing have examined and found properly engrossed and ready for transmiS'sion to the House the follo\ving Bill of the Senate~ to-wit:

MoNDAY, JuLY 28, 1913.

391

A bill to confer upon the Railroad Commission of Georgia, the power to require two or more railroads entering the same town, to erect joint passenger depots and for other purposes.
Respectfully submitted,
W. M. OLLIFF, Chairman.

Mr. Ford, Chairman of the Committee on Commerce and Labor, submitted the following report:

M t. Presid'ent:
The committee on Commerce and Labor has had under consideration the following Senate Bills which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:
A bill to be entitled an Act to regulate the employ ment of young children in certain kinds of labor.
A bill to amend Sections 2135 and 2136 of the Code of 1910..
Respectfully submitted, L. L. FoRD, Chairman.
The following Senate bills were read first time.

By Mr. McGregor-
A bill to regulate the manner in which the State~ Militia may be called out and for other purposes.
Referred to C()lmmittee on Military Affairs.

392

JouRNAL OF THE SENATE,

By Mr. RichardsonA bill to amend the Act establishing the City
Court of Oglethorpe. Referred to Special Judiciary Committee.

By Mr. McGregor-
A bill to repeal the act approved August 16, 1912, amending Section 1434, Volume 2, of the Code of 1910.
Referred to Committee on Military Affairs.

By Mr. Searcy-
A bill to regulate the sale of tobacco and cigaretts in this State.
Referred to General Judiciary Committee.

By Mr. Smith, by request-
A bill to amend the penal Charter of the town of Arlington, Ga.
Referred to Committee on Corporations.

By Mr. Turner-
A bill to provide for the amendment of indictment -of criminal cases and for other purposes.
Referred to General Judiciary Committee.
The following resolution was read first time and laid over.

MoNDAY, JuLY 28, 1913.
By Messrs. Foster and Hixon-
A resolution endorsing the great work being done in this State by Dr. Soule.
The following message was received froni the House through Mr. Boifeuillet, the Clerk thereof:
Mr. President :
The House has passed by the requisite Constitutional majority the following bills of the Senate, towit:
A bill to amend an Act incorporating the City of Colquitt, approved August 15th, 1,905.
A bill to amend an Act to incorporate the City of Colquitt in lieu of the Town of Colquitt, approved August 11th, 1905.
A bill to amend an Act to incorporate the City of Colquitt, approved August 7th, 1912.
A bill to amend an Act to incorporate the T'own of Alamo.
A bill to amend the Charter of the City of Edison. 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, towit:

:394

JouRNAL oF THE SENATE,

A bill to incorporate the Town of Cotton.
A bill to establish a public school system for the City of Ocilla.
A bill to amend the Charter of the City of Colum. bus.
A bill to repeal an Act to establish the City Court -of Ocilla.
A bill to amend the Charter of the City of Toccoa.
A bill to amend an Act creating a new charter for the city of Eastman.
A bill to incorporate the town of Mauk.
A bill to amend the charter of the town of Oakfield.
A bill to amend an Act to provide a Board of Commissioners for the County of Elbert.
A bill to create the office of Commissioner of roads and Revenues for Newton County.
A bill to create a board of Civil Service Commission for the City of Augusta.
A bill to authorize the_ establishment of a public school system for the town of Canton.
A bill to provide for an extra or an additional levy of a tax by the County Commissioners of Catoosa County.
A bill to repeal an Act to create a Board of CommiSSioners of Roads and Revenues for Dooly County.

MoNDAY, JuLY 28, 1913.

395-

A bill to amend the Charter of the town of Pavo.
A bill to repeal an Act and all amendments' thereto creating a Board of Commissioners of Roads and Revenues for Jones County.

A bill to amend the Charter of the City of Lawrenceville.

A biH to establish the City Court of Irwin County.
A bill to make the Clayton Bo:ud of Education the legal successor to the Trustees of Clayton Academy.
A bill to provide for the holding of primary elections in the City of Savannah.
A bill to amend an Act creating the Charter of the Town of Lumber City.

A bill.to amend the Charter of the town of Plainville.

A bill to amend the several Acts incorporating the City of West Point.

The following message was received from His Excellency, the Governor, through hi8 Secretary Mr. Perry.

Mr. President:
I am directed by His Excellency, the Governorr to deliver to the Senate a communication in writing to which he respectfully invites your attention.

396

JoURNAL oF THE SENATE,

The following Senate bills were read second time.

By Mr. Sweat-
A bill to amend Sections 80 and 111 of Volume 1 -of the Civil code of Georgia.

By Mr. SearcyA bill to require the Clerks of the Courts of this
State having jurisdiction to forfeit bonds to keep a docket of such forfeited bonds.
By Mr. Bush-
A bill to regulate and contract the organization and operation of insurance companies in this State.

By .Mr. Stark-
A bill to amend Section 38 and 60 of the Civil Code of 1910.

By Mr. AndersonA bill to regulate the employment of young chil-
dren in the factories of this State.
By Mr. Ford-
A bill to amend Section 213'5 and 2136 of the Code of 1910.
The following Communication was read from the Oovernor:

MoNDAY, JuLY 28, 1913.

39,'

Special Message

To THE GENERAL AssEMBLY:

By appropriate action, the Constitution of the

United States has been amended to provide for the

election of United States Senators by the people.

The amendment adopted reads as follows:

''The Senate of the United States shall be com-

posed of two Senators from each State, elected by

the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall



have the qualifications requisite for electors of the

most numerous branch of the Btate Legislature.

''When vacancies happen in the representation of any State in the Senate, the executive authority of

such State sha11 issue writs of election to fill such

vacancies; provided, That the legislature of any

State may empower the executive thereof to make temporary appointments until the people fill the ' vacancies by election as the legislature may direct.

"This amendment shall not be construed as to

effect the election or term of any Senator chosen be-

fore it bec<mJes valid as part of the Constitution.''

The provisions of the amendment are such, that

the Legislatures of each State must provide for fill-

ing vacancies, and should a vacancy in the United

States Senate, from Georgia, occur without the

lJElgislature having acted, this State, would, to that

extent, be without representation in the Senate..

I, therefore, recommend that you provide by ap-

propriate legislation for the filling of vacancies con-

templated by the amendment to the Federal Con-

stitution upon this subject.

398

JOURNAL OF THE SENATE,

I recommend the immediate passage of an Act covering this subject.
lfl. the absence of action by this Legislature, there would be no authority in the Governor to make a temporary appointment of Senator, in the event of a vacancy.

BoRROWING PowER.

The Legislature in 1911 submitted a proposition

to aJmend the Constitution of the State with refer-

ence to its borrowing power, which amendment was

..

adopted by the people. This amendment not only substituted the sum of

$500,000 for $200,000 but also amended the con-

stitutional provisions in other particulHrs. The

amended S'ection had not been considered, and in

view of the acute condition of the Treasury, I deemed

it important that an official constitution thereof be

, obtained from the Attorney General for the guidance

both of the Legislature and the Governor.

Therefore, on the day of

I wrote

the Attorney General a letter (copy of which is

attached) asking his construction of the amendment,

and also the difference between the practical appli-

cation of the former provision of the Constitution

and its consideration as amended. I beg to submit

the reply of the Attorney General of July 21st,

1913:

J u1y 21st, 1913.
HoN.JoHN M. SLATON, Governor, CapitoL
Dear Sir: I am in receipt of your communication requesting a construction of the provision of the

MoNDAY, JuLY 28, 191:-).

399

Constitution fixing the borrowing power of the State, as the same was amended by the people at the last general election, and I note your desire for a construction of the old as well as the new law.
The old law reads as follows: ''No debt shall be contracted by or op. be-
half of the State, except to supply casual aeficiencies of revenue, to repel invasion, suppress insurrection, and defend the State in tirme of war, or to pay the existing public debt; but the debt created to supply the defidencies in revenue shall not exceed, in the aggregate, two hundred thousand dollars.'' (Constitution, Article 7, Section 3, Paragraph 1.)
By the amendment the words, "casual deficiencies of revenue'' were stricken and in lieu thereof were inserted the words ''such temporary deficit as may exist in the Treasury in any year from necessary delay in co1lecting the taxes of that year"; the pragraph was further amended by striking ''two hundred thousand dollars'' and inserting in lieu thereof the words. "five hundred thousand dollars, and any loan made for this purpoHe shall be repaid out of the taxes levied for the year in which the loan is made.''
Beyond the difference in amounts you ask: "1st. Does the amendment enlarge or re-
strict in its general effect the borrowing power of the StateT If so, in what respects1" The evident purpose of the General Assembly in proposing the amendment was to enlarge the borrowing power of the State, and I think its adoption by the people has the generale:ffect of accomplishing this purpose. The particular evil which it was sought to remedy was the delay in the payment of appropriations to the common schools and to pensions by anticipating in any year the oollection of

400

JouRNAL oF THE SENATE,

the ad valorem taxes. (See Inaugural Address of Governor Smith, House Journal 1911, p. 212-a).
In 1909, a bill was introduced proposing to enlarge the borrowing power of the State by simply increasing the amount. The measure brought forth a discussion of the meaning of "casual deficiencies." It was contended by Legislators of experience and legal ability that to leave these words in the paragraph would be to so restrict the power to borrow as to prevent the accomplishment of the very purpose of making a change in the law; that the Supreme Court had since the adoption of the Constitution of 1877 defined the expression ''casual deficiencies,'' and that its meaning was no longer an open question.
''The word 'casual' means that which happens by accident or is brought about by an unknown cause ; and we think the framers of the Constitution, in using this language; meant some unforeseen or unexpected deficiency, or an insuffiiciency of funds to meet some unforeseen and necess-ary expense.'' Lewis vs. Lofley, 92 Ga. 804; Hall vs. County of Greene, 119 Ga. 253.
It was urged that under this definition money could not be borrowed to pa:y an appropriation which had been made by the General Assembly; that an obligation of this character could not be classed as unforeseen or as having happened by accident. To meet this objection the bill of 1911 struck the words ''casual deficiencies'' and inserted in lieu thereof the words heretofore stated. ''Temporary deficit'' is a broader term and may include casual deficit. The State now in borrewing money is not limited to borrowing it for the purpose of meeting a deficit which has happened by accident and which could not be foreseen, but it may do so to meet any deficit in the Treasury of a temporary nature, pro-

MoNDAY, JuLY 28,'1913.

401

vided the same is cauS'ed from necess.ary delay in collecting the taxes of the year, and provided that the loan is repaid out of the taxes of that year.
''2nd. Prior to the amendment could the State have borrowed for the purpose of supplying the deficiency arising because the appropriations exceeded the revenues 1 Can it do so now?"
Since the adoption of the amendment the State can unquestionably borrow for the purpose of supplying a deficiency arising because the appropriations exceed the revenues, provided, of course, the deficiency iS' caused by the necessary delay in collecting the taxes of the year, and that the loan mad,e for the purpose of meeting the deficiency is repaid out of the taxes levied for the year in which the loan is made. Prior to the adoption of the amendment it was very questionable whether a borrow could be made for the purpose of supplying a deficiency of the character you mention. We know, of course, that it was done, and while this was the executive construction of the Constitution, it is extremely doubtful if the judicial department of our government would have followed such construction had the question been presented to it.
'' 3rd. Prior to the amendment could the State have borrowed money to be paid from taxes levied for other years than that in which the loan was madeT Can it do so now?"
T!he first part of this question I answer in the affinnative; the second part in the negative.
''4th. What is the meaning of the expres~ sion contained in the amended Section: 'Except to supply such temporary deficit as may exist in the Treasury in any year from necessary delay in collecting the taxes of that year? What effect does it have on the borrowing

402

JouRNAL oF THE SENATE,

power of the State and what practical differ-

ence does it create between the former Con-

stitutional provision and the present provision

as amended 1''

The calendar year is the fiscal year of the State.

Under our system of taxation the ad valorem tax is

levied in the summer and its collection is begun in

the fall, but the tax-payer has until the 20th day of

December before the collection of the tax can be enforced. The Tax Collectors have until the 20th

day of April of the succeeding year to make their

final accounting with the State. The practical effect

of the system is that a large part of the revenue de-

rivable from taxes is not available until near the

close of the year, some not being collected until the

succeeding year, and this "necessary delay" in the

collection of the State's revenue causes yearly a temporary deficit in the Treasury. Of interest on

this point is the opinion of Justice Evans rendered

in the case of Butts County vs. Jackson Banking

Company, 129 Ga. 801, 809. As the proviRion now

readR the borrowing power may be used to obtain moue~- to meet a deficit which is temporary in its

nature and which is brought about from the fact that the taxes for the ~'ear have not yet come into the

Treasury.

Under the Constitution as it stood before the amendment was adopted funds could not be borrow-

ed except to meet '' easual deficiencies.''



"5th. If there be a deficit in the Treasury

from preceding years would the Governor be authorized to borrow under the existing Constitutional provision for the purpO'se of

operating the institutions of the State where the funds were exhausted because of said def-

icit 1 Could the Governor have done so prior to the adoption of said amendment 1''

MoNDAY, JuLY 28, 1913.

403

Under the Uonstitution as amended 1 ilunk money cau ue borrowed. to meet appropnatwns wllicil have OBen made or the insbtutwns or the btate, 1! at the time there is a deficit in the 'l'reasury caused from the necessary delay in the collection of the taxes of the particular year in which it is proposed to make the borrow, and that the loan so made can be re-paid out of said taxes when collected. In other words, if it would be legal at the time to pay a particular appropriation were the funds then actually in the Treasury from the collection of the taxes levied for the particular year, then the collection of the taxes may be anticipated and the money borrowed to meet the deficit.
Under the Constitution as it stood before the amendment the l~an could not be made for any purpose except to meet a casual deficiency.
''6th. Generally in view of the authority usually given the Governor by the Legislature -to borrow under this Section of the Constitution, what practical effect would the passage of the amendment have upon the 8xercise of the borrowing power by him, and what precautions s'hould he observe, if any, different from those imposed by the Constitution prior to the adoption of said. amendment 1''
I think the answers to the preceding questions make a specific answer to this question unnecessary.
with assurances of highest respect, I rum, Very truly yours,
T. S. FELDER,
Attorney General.
You win observe, from the opinion of the Attorney-
General, that any money borrowed in pursuance of
this amended Section of the Constitution must be
re-paid out of the taxes levied for the year in which

404

JOURNAL OF THE SENATE,

the loan is made, and further that the deficiency authorizing the money must be caused by the necessary delay in collecting the taxes of the year.
AGRICULTURAL DEPARTMENT.
I am informed by the Commissioner of Agriculture that by the Act of 1912, the sum of $500.00 was appropriated for the payment of expenses of that office, but in fact this service required the expenditure of a sum in excess of $9,000.00 and by necessity the Agricultural Department was forced to retain a sufficient fund to meet the expenses.
Such action creates a discrepancy between the books of the Agricultural Department and those of the State T'reasury, and I am infol"med that Legislation is now pending to meet the conditionS'. I submit this matter for information as well as for the purpose of providing a record in the event of future investigations.
FINANCES.
I beg to further submit for your information the sum total of the appropriations carried by the general appropriation bill which has passed the House. The Comptroller Gener-al, at my request, has cal .. culated this amount and _the general appropriation bill, which has been transmitted to the Senate, carries appropriations amounting to $5,953,634.00.
For the year 1912, the Legislature appropriated, both by special bills and by the general appropriation bill, $6,071,578.00.
For the year 1913 the Legislature appropriated, both by special bills and by the general appro"(?ria~ tion bill, $5,994,612.00.

MoNDAY, JuLY 28, 1913.

405

You will, therefore, observe that without the pas-

sage of any special bills your general appropriation

bill carries $5,953,634.

In this connection I beg to refer you to page 5 of

the Comptroller General's report, in which he states

the estimated revenue of 1913 to be $5,673,005.00.



The returns of fifteen counties received up to date

show a loss of $130,015.00.

I attach hereto the tabulated report made .by the

Comptroller General of the appropriations covered

by the general appropriation act which has been

transmitted to the Senate.

It is my purpose to keep you advised of the facts

which come to my attention with reference to the

State's finances, since such information will enable

you to so legislate as to meet the actual conditions.

This situation is not a matter of speculation, but

of facts which any one of you may verify from the

office of the Comptroller General or of the State

Treasurer.

Unless, therefore, some means for obtaining in-

creased revenue be adopted your general appropria-

tion bill alone will carry an appropriation of $280,-

629.00 more than the revenue, estimating the revenue

. to be the same as that of the year 1913.

Respectfully submitted.

JoHN M. SLATON,

Governor.

406

JouRNAL oF THE SENATE,

(COPY)

July 7th, 1913.

HoN. 'I'. E. FELDER,

Attorney General,

Capitol.

Dear Sir: Paragraph 1, of the Third Section of Article 7, of the Constitution of Georgia was



amended by the people in accordance with the pro-

posal by the General Assembly, found on page 49 of

the Acts of 1911, so that said paragraph as amended

reads as follows :

No debt shall be contracted by or on behalf of the

State, except to supply such temporary deficit as

may exist in the Treasury in any year from neces-

sary delay in collecting the taxes of that year, to

repel invasion, suppress insurrection, and defend

the State in time of war, or to pay the existing public

debt; but the debt created to supply deficiencies in

revenue shall not exceed, in the .aggregate, Five

Hundred Thousand Dollars, and any loan made for

this purpose shall be repaid out of the taxes levied

for the year in which the loan is made.

By said amendment the words, '' Oasua] Deficien.

cies of Revenue,'' were stricken and in lieu thereof

were substituted the words, "Such temporary defici

as may exist in the Treasury in any year from neces-

sary delay in collecting the taxes of that year,'' and

by said amendment there were stricken the words,

"Two Hundred Thousand Dollars," and in lieu

thereof were substituted the words, ''Five Hundred

Thousand Dollars, and any loan made for thiS' pur-

pose shall be repaid out of the taxes levied for the

year in which the loan is made.''

MoNDAY, JuLY 28, 1913.

407

Beyond the difference in amounts will you please give me your opinion on the following matters:
1st. Does the amendment enlarge or restrict in its genBral effect the borrowing power of the State? If so, in what respects"?
2nd. Prior to the amendment could the State have borrowed for the purpose of supplying the deficiency arising because the appropriations e~ceeded the revenues 1 Can it do so now?
3rd. Prior to the amendment could the State have borrowed money to be paid from taxes levied for other years than that in which the loan was made~ Can it do so now~
4th. \Vhat is the meaning of the expression contained in the amended Section: ''Except to supply such temporary deficit as may exist in the Treasury in any year from necessary delay in collecting tho taxes of the year?" What effect does it have on the borrowing power of the State and what practical difference does it create between the former Constitutional provision and the present provision as amended?
5th. If there be a deficit in the Treasury from preceding years would the Governor be authorized to borrow under the existing Constitutiona1 provision for the purpose of operating the institutions of the State where the funds were exhausted oecause of said deficit? Could the Governor have done so prior to the adoption of said amendment?
6th. Generally in view of thB authority usually given the Governor by the Legislature to borrow nnder this Section of the Constitution, what practi-

408

JouRNAL OF THE SENATE,

cal effect would the passage of the amendment have upon the exercise of the borrowing power by him, and what precautions should he observe, if any, different from those imposed by the Constitution prior to the adoption of said amendment1
I desire to obtain for my guidance your interpretation of the Constitutional provision as amended and to have pointed out the practical difference between the paragraph of the Constitution as now existing and as existed heretofore and if the answer to one of the questions be also an answer to another query, it may be disregarded.
Yours very truly,

Governor.

MoNDAY, JuLY 28, 1913.

409

APPROPRIATIONS.

For Academy for Blind_______________ _ Agricultural SchooL _____________ _ Binding Journals ________________ _ Board of Health_________________ _
Civil Establishments _____________ _

1912 $ 30,000
110,000
550 30,500
231,000

1913 $ 30,000
110,000 550
30,500
231,000

1914
$ 30,000 110,000 550 30,500 231,000

Clerks Cost Court of Appeals (estimated) ___________________ _
College for Colored ______________ _ Compiler of Records _____________ _

none

500

8,000 8,000

656 contract

1,000 8,000

3,120 3,120

Contingent Fund __ --------------Contingent Fund R. R. C_________

15,000 3,000

15,000 3,000

25,000 3,000

Contg. Fund Crt. Appeals__ _______ 1, 000 1, 000 1,000

Contg. Fund Supreme Court_______

1,200

1,200

1,200

Dept. Commerce & Labor_________

5,338

6,000

6,000

Department Agriculture_ __________ 58, 732 58, 732 53,750

Game Protec. Fund.-------------Geological Fund__________________ Ga. ~ornwJ& Ind________________

7,416(est) 5,600 10,000 10,000 52,500 52,500

5,600
10,000 52,500

Ga. ~ormal & Ind. (Special)_______

1,294

Ga. Experiment Station___________

800

800

800

Horticultural Fund________________ 23,000 23,000 23,000

Incidental Exp. G. A. ___ _________

150

150

150

Indexing Journals_________________

150

150

150

Indian Springs P. C_______________

110

110

110

Inspector of Oils__________________ 1,470 1,470 1,470

Ins. Department Fund____________ 2,625 7, 500 7,500

Ins. Pub. Building________________ 37,500 37,500 1,000

Law Scrip Fund__________________ 6,310 6,310 6,310

Legislative Pay Roll______________ 75,993 67,500 67,500

Library Fund____________________ 3,000 3,000 3,000

Library Fund Court Appeals_______

1, 000 1, 000

1, 000

Military Fund ______ ------------- 42,500 25,000 25,000

~orth Ga. A & M________________ 21,500 21,500 21,500

Overpayment taxes_______________ 11,400(est)12, OOO(est)12, 000 PensionFund ____________________ 1,194,000 1,180,000 1,070,000

Printing Fund____________________ 40,000 40,000 35,000

Printing Fund Geol. Dept ____ --.--_

2,500

2,500

2, 500

Printing Fund R. R_______________

2,000

2,000 22,000

PrisonFund______________________ 85,000 80,000 80,000

Public Bldg. & Grds______________ 36,800 26,800 26,800

Publishing Ga. Reports___________ 10,000 10,000 7,500

Pub. Ga. Reeords (Col. & Cond.) ___ 2,050 2,000 2,000

Public Debt______________________ 387,945 383,445 378,945

Rate Expert______________________ 4, 000 4, 000 4, 000

RewardFund____________________

3,243

3,975

3,975

School for Deaf______________ ._____ 60,000 50,000 45,0

School Fund_______________ : ______ 2,500,000 2, 500,000 2,550,000

School Technology________________ 80,000 80,000 80,000

Soldiers Home____________________ 30,000 30,000 30,000

Solicitor Gen. Fund_______________

7, 150

7, 000

7,000

"Special App. Mise!________________ 8,109(est) 1,000 1,000

"Spec. Appr. 1st Dist. Agr. College__

7,500 _________ ---------

;Spec. Appr. 3rd Dist. Agr. College__ 6,000 --------- ________ _

410

JouRNAL OF THE SENATE,

APPROPRIATIONS.-Coniinued.

For

1912

1913

1914

Spec. Appr. 7th Dist. Agr. College __

5,000 ---------

Spec. Appr. lOth Dist. Agr. CoL __ _ 3,387 ---------

Spec. Appr. Johnston Monument__ State Normal School _____________ _

2,500 -------- --------47,000 47,000 47,000

State Sanatarium ______________ _ 530,000 530,000 540,000

State University _________________ _ 52,500 52,500 52,500

State University Agr. College _____ _ 100,000 100,000 100,000

State Univ. Farmers Inst_________ _ State University Summer SchooL __ _

2,500 5' 000

2,500
5 ,.ooo

5,000

So. Ga. Agr. College, Valdosta ____ _ 30,000 25,000 25,000

State University Med. College_____ _ none

none

30,000

Stationery Gen. Assembly ________ _

700

700

700

Tuberculosis San________________ _ 30,000 30,000 20,000

Teumrepdo_ra_r_y__L_o_a_n__R_e_f_u_n_d_e_d__n_o_t__fi_g_-____________ _

Total ___________________________ 6,071,578 5,994,612 5,953,634

The following House bills read first time.
By Mr. Duncan of DoolyA bill to amend an Act to incorporate the town
of Unadilla. Referred to Committee on Corporations.
By Mr. Anderson of MurrayA bill to change the County site of Murray County
from Spring PTace to Chatsworth. R.eferred to Special Judiciary Committee.
By Mr. Tlhompson of MadisonA bill to incorporate the town of Danielsville. Referred to Committee on Corporations.

MoNDAY, JuLY 28, 1913.

411

By Messrs. Jones and Griffin of Lowndes-
A bill to amend the Charter of the City of Val~osta so as to provide for the registration of the qualified voters of said City.
Referred to Committee on Corporations.

By Mr. Clements of IrwinA bill to amend an Act incorporating the City of
Ocilla.
Referred to Committee on Corporations.

By Mr. Green of Wilkes-
A bill to amend an Act abolishing the Board of commissioners of Roads and Revenues of Wilkes County.
Referred to Committee on Counties and County Matters.

By Mr. Bryan of Catoosa-
A bill to be entitled an Act to provide for an extra or additional levy of a tax by the County Commissioners of Catoosa County on taxable property in said county.
Referred to Committee on Counties and County Matters.
By Messrs. Slade, Swift and Wohlwender of Muscogee-
A bill to amend the Ch~rter of the City of Columbus.

412

JouRNAL oF THE SENATE,

Referred to Committee on Corporations.

By Messrs. McCarthy, Shuptrine and Myrick of Chatham-
A bill for the holding of primary electionS' in the City of Savannah, for the election of Mayor and Aldermen.
Referred to Special Judiciary Committee.

By Messrs. Moon and Hines of TroupeA bill to amend, consolidate and supersede :he
several Acts incorporating the city of West Point.
Referred to Committee on Corporations.

By Mr. Neal of GordonA bill to amend the Charter of Plainville, Ga. Referred to Committee on Corporations.

By Mr. Pharr of GwinnettA bill to amend the Charter of the City of Law--
renceville, Ga.
Referred to Committee on Corporations.

By Mr. Reese of Thomas-
A bill to amend the Charter of the Tbwn of Pavoin the Counties of Thomas and Brooks, approve& August 21st, 1911.
Referred to Committee on Corporations.

MoNDAY, JuLY 28, 1913.
By Mr. Duncan of DoolyA bill to repeal an Act entitled an Act to create a
Board of Commissioners of Roads and Revenues for the County of Dooly.
Referred to Committee on Counties and County Matters.
By Mr. Clements of IrwinA bill to establish the City Court of Irwin County. Referred to Special Judiciary Committee.
By Mr. Simpson of CherokeeA bill to be entitled an Act approved August 13th,
1914, authorizing the establishment of public schools system for the town of Canton.
Referred to Committee on Education.
By Mr. Spence of MitchellA bill to incorporate the Town of Cotton m
Mitchell County. Referred to Committee on Corporations.
By Mr. Hayes of StephensA bill to amend the Charter of the City of Toccoa
in the County of Stephens. Referred to Committee on Cori>orations.

414

JouRNAL OF THE SENATE,

By Mr. McCants of Taylor-

A bill to incorporate the Town of Mauk in the County of Taylor.

Referred to Committee on Corporations.

By Mr. Picquet of Ric:hmond-
A bill to create a Board of Civil Service CommiS'sion for the City of Augusta.
Referred to Committee on Corporations.

By :VIr. Loyd of Newton-
A bill to create the office of Commissioners of Roads and Revenues in Newton County.
Referred to Committl:!e on Counties and County Matters.

By Messrs. Stovall and Wall of Elbert-
A bill to amend an Act to provide Board of Commissioners for the County of Eilbert, approved Feb. 27. 1875, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Clements of Irwin-
A bill to repeal an Act approved August 6th, 1909, to establish City Court_ of Ocilla.

MoNDAY, JuLY 28, 1913.

415

By Mr. Sumner of WorthA bill to amend the Charter of the town of Oak-
ville. Referred to Committee on Corporations.

By Mr. Clements of Irwin County-
A bill to establish a public school system for Ocilla in Irwin County.
Referred to Committee on Education.

By Mr. Methvin of Dodge-
A bill to amend an Act creating a new Charter for the city of Eastman in the County of Dodge.
Referred to Committee on Corporations.

By Mr. Smith of Rabun County-
A bill to declare and make the Clayton Board of Education of the City of Clayton the legal successor of and to the Trustee of Clayton Academy.
Referred to Committee on Education.

By Mr. Henders'on of Jones--
A bill to be entitled 'all Act to repeal an Act and an amendments thereto approved December 12, JS94-,. creating a Board of Commissioners of Roads and' Revenues for the County of Jones and for other pur.poses.
Referred to Committee on Counties and County Matters.
. --- j

416

JouRNAL OF THE SENATE,

By Mr. McRae of TelfairA bill to amend an Act creating the charter ef
Lumber City in the County of Telfair. Referred to Committee on Corporations. The following House Resolution read first time.

By Messrs'. Bullard, Hardeman, et alA resolution to appoint the Hon. Walter P. And-
rews as Consul-General to Paris, France. Referred to Committee on Rules. The following House Resolution read second time.

By Messrs. Wright of Floyd, Hendrix of Union-
A resolution authorizing and directing the Governor of Georgia to investigate and give direction to differences' between citizens of the State of Georgia and certain copper companies located in the State of Tennessee.
The following Senate resolutions were read third time and put upon their passage.

By Mr. Tarver-
A resolution providing for the appointment of a commission to .investigwte the necessity of a State Sanitarium for dope fiends.
Report of the committee was agreed to. Upon the passage of the bill the ayes were 27,

MoNPAY, JuLY 28, 1913.

417

:nays 0; the bill having received the requisite Constitutional majority was passed.
Senate resolution No. 15 was recommjtted to the "Special Judiciary C(')mmittee.
The following Senate bills were read third time and put upon their passage.

:By Mr. DuBose-
A bill to amend Section 2878 of the Code of 1910, :so as to define ''other like associations.''
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 majori<ty, was passed.

By Mr. Huie-
A bill to amend Section 2626 of the Civil Code of 1910, relative to Railroad Commission.
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. Huie-
A bill to provide that notice by the carrier shall be given to consignees of freight before undelivered goods may; be sold.
Report of the Committee was agreed to.

418

JOURNAL OF THE SENATE,

Upon the passage of the bill the ayes were 291 nays 0; the bill having received the requisite Constitutional majority was passed as amended and the amendments are as follows.
'
Amend Section L by striking in the ith line after the words consignee or consignees the words "when known.''

By Mr. Bush-
A bill to make the superintendent of schools member ex-officio of the Board of Trustees of District Agricultural Schools.
Report of Committee was disagreed to and bill was lost.

By Mr. Huie-
A bill to confer upon the Railroad Commission of Georgia the power and duty to place a time limit in orders hereinafter issued by it approving the issue of stock, bonds and securities.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0; the bill liaving received the requisite Constitutional majority was passed.
On motion the Senate adjorned until tomorrow morning at 10 o'clock.

TuESDAY, .J-eLY 29, 1913.

419

SENATE CHAMBER, ATLANTA, GA., Tuesday, July 29, 1913.

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.

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. 'I'. Euie, G. M.

Irwin, M. "1 Jones, S. E. Jones, W. W. John~on, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, .T. H. Olliff, W. M. Parrish, C. H. Perry, Grant D.

Peyton, J. T. P(TC, Lc, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr, Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver. K. C. Taylor, G. W. Turner, S. M Tyson, C. M. Watts, J. N.

The journal of ~'esterda~' was read and approved.

B~' unanimous consent the following House bill was withdrawn from the Special Judiciary Committee, read second time and recommitted.

By Mr. Anderson of ~furray-
A bill to change the county site of Murray County from Spring Place to Chatsworth.
The following Senate bills and resolutions were read 1st time.

420 .

JOURNAL OF THE SENATE,

By Mr. Anderson-
A bill to amend Section 2571 of the Code of 1910,. as to the number of directors required for navigation companies.
Referred to the General Judiciary Committee.

By Mr. Kea, by request-
A bill to amend the Oharter of the City of Dublin in the County of Laurens.
Referred to Committee on Corporations.

By Mr. KeaA bill to amend Section 4968 of the Code of 1910,
relative to reinstating attorneys.
Referred to the General Judiciary Committee.

By Mr. DuBose-
A bill to amend the laws of this State regulating the business of fire, marine and inland insurance Companies in this State.
Referred to Committee on Insurance.

By Mr. PeytonA bill to incorporate the City of Lavonia m
Franklin County.
Referred to Committee on Corporations.

TuESDAY, JuLY 29, 1913.

421

By Mr. Peyton-. A bill to amend Section 469 of Volume 1, after
Civil Code of 1910.
Referred to Committee on Counties and County Matters.

By Mr. ElkinsA bill to amend Section 1036 of Penal Code of
1910. _Referred to General Judiciary Committee.

By Mr. Anderson-
A resolution to authorize the G9vernor upon request of the Sheriff of Chatham Co.; to order out a portion of the National Guard.
Laid on table for one day.
By unanimous consent the following House bill was taken up with adverse report from the Committee; the report was agreed to and the bill was lost.

By Mr. Estes-
A bill to create the office of commissioner of Roads and Revenues for Lineoln County.
The following message was received from the House through Mr. Boifeuillet the Clerk thereof.

Mr. President: The House has passed by the requisite Constitu-

422

JouRNAL OF THE SENATE,

tional majority the following bills of the HousP. to-wit:
A bill to amend an Act to authorize the Commis-sioners of RoadS' and Revenues of Bibb County 1 ; contribute to the support of the hospital operated h the Macon Hospital Association.

A bill <to authorize the Trustees of the Methodist E\piscopal Church South of Perry Georgia to sell -certain real estate.

A bill to amend an Act to create a new Charter for the City of Camilla.

A bill to amend an Act to create the office of Commissioner of Roads and Revenues for Telfair County.

A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Putnam County.

A bill to amend the Charter of the City of Macon.

A bill to create a Board of Commissioners of Roads and Revenues for Dooly County.
A bill to create a new Charter for the T1own of McCaysville.
A bill to make an appropriation for the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government.
The following special order was taken up read third titme and put upon its passage.

Tl!ESDAY, JrLY 29, 1913.

423

By Longino-
A bill to establish a Composite Board of Medical Examiners for the ~tate of Georgia and for other purposes.
Report of the Committee as amended 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 affimative were Messrs.-

Allen, John T.

Johnson, J. F.

Brown, John W. L. Kea, Fred,

Bulloch, R. 0.

Kelly, 0. L.

Chennault, N. B. Longino, J. T.

Converse, W. L. McGregor, C. E.

DuBose, R. T.

McNeil, W. D.

Elkins, 0. H.

Miller, B. S.

Foster, A. H.

Moore, J. H.

Harrell, G. Y.

Olliff, W. M.

Hixon, J. T.

Parrish, C. H.

,Jones, S. E.

Perry, Grant D.

,Jones, W. W.

Peyton, J. T.

Pope. Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.

Those voting in the negative were Messrs.-

Rush, W. J. Dickey, R. L.

Huie, G. M.

Tarver, M. C.

Those not voting were Messrs.-

Bnrtz, A. H.

Ford, L. L.

Irwin, M. D.

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

424

JOURNAL OF THE SENATE,

By W. D. McNeil of 22nd District-

Sec. 5, line 4. The words ''registered or'' to be inserted before the word ''licensed.''

Sec. 13, line 2. To be amended by striking the words ''or may revoke.'' To be amended further by striking all of the Section after the words ''Sexual Organs" and substituting the following:

Said Board may upon satisfactory proof made that any licentiate has been guilty of any of the offenses above enumerated suspend said licentiate from the practice of medicine and call in the license of said licentiate upon a majority vote of said Board, provided, however, that said suspended physician shall have a right to appeal to a jury in 'the Superior Court of the County of his residence, and it shall be the duty of said Board to prefer in writing the charge or charges against said physician which shall be tried by a jury regularly empaneled and sworn. Said physician, the defendant in said proceedings, shall be entitled 'to an appeal to the Supreme Court. In the event of conviction by the jury of any of the charges preferred the license of said physician shall be revoked. However, at any tinie after six months from date of said conviction said Board, may by a majority vote, issue a new license, or grant a license to the person affected, restoring or conferring .all the right's and privileges of and pertaining to the practice of medicine as defined and regulated by this Act. Any person to whom such rights and privileges have been so restored shall pay to the Secre-

TuESDAY, JuLY 29, 1913.

425

tary-Treasurer a fee of $20.00 on the issuance of a new license.

By Stark of 33rd-
Amend Section 10 by striking the word "Where" in the 3rd line of said Section following the word: '' qua,lifications.'' And further amend by adding the word ''Shall'' between the words ''Boards shall require" in the fourth line of said Section.
Mr. Dickey asked unanimous consent that his vote on the bill just passed be changed from no to yeA but this was objected to.
Mr. Miller, Chairman of the Committee on Finance, submitted the following report:

Mr. President:

The Committee on Finance have been made con-

sideration the following Senate Bill which I am in-

structed to report back to the Senate with the recoon-

mendation that the same do pass as amended: To

be entitled an Act to amend an Act providing for a

system of draining and reclaiming the wet swamp

and overflowed lands of the State, approved August

19, 1911, by authorizing a higher rate of interest on

bonds in certain cases.



The Oommittee has also bad under consideration

the following ~enate Bill which I am instructed to

report back to the Senate with recommendation that

the same do not pass :

426

JouRNAL OF THE SENATE,

To be entitled ''An Act to provide fees for the Ordinary for issuing licenses and collecting the tax provided in Sections 982, 983, 984, 1763, 1764 and 1765 of the Code of Georgia for 1910.
Respectful1y submitted, B. S. MILLER, Chr.irman.

Mr. Elkins, Chairman of the Committee on Special Judici~ry, submitted the following report.

Mt. 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 recommendation that the same do pass, to-wit:
A bill to prescribe the amount of costs in cases involving $100.00 or less, in the City Court of Dublin, and for other purposes.
Respectfully submitted, 0. H. ELKINS Chairman.
Mr. McNeil, Chairman of the Committee on General Judiciary, submitted the following report:

111r. President :
The Committee on General Judiciary ihas had under consideration the following Senate Bills which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:
A bill to amend Section 4828 of the Code of 1910.

TuESDAY, JuLY 29, 1913.

427

A bill to amend Sections 3321 and 3324 of the Civil Code.
A bill to rumend Section 895 of Penal Code of 1910, relative to Children's Courts.
A bill to amend Section 3016 of the Code of 1910, relative to Children's Courts.
A bill to amend Section 3955 of the Code of Georgia for 1910.
A bill to fix the status of every resident of this State whose spouse, residing in another State Jr foreign country, has heretofore or may hereafter obtain a total divorce in such other State or country so as to declare relieved and released such resident of this State from the obligations und disabilities of the marriage so dissolved or annulled.
The committee has also had under consideration the foUowing Senate Bills which I am instructed to report back to the Senate with recommendations that the same do pass as amended, to-wit:
A bill to amend Section 6134 of the Civil Code of 1910.
The Committee has also had under consideration the following Senate Bill which I am instructed to report back to the Senate with recommendation that the same do pass by substitute as amended, to-wit:
A bill to amend Section 5298 of Volue 1, of the Code of 1910.
T'he committee has also had under consideration

428

JOURNAL OF THE SENATE,

ihe following Senate bills which I am instructed to report back to the Senatewith recommendation that the same do not pass, to-wit:
A bill to amend Section 93 of the Penal Code.

A bill to transfer Wilkinson County from the Ocmulgee to the Dublin Circuit.

The committe has also had under consideration the following Senate Resolution which I am instructed to report back to the Senate with recommendation that the same do not pass.

A resolution to empower the Governor of Georgia to make an investigation into the merits of the cla:i!ms of citizens of Georgia and of the Tennessee Copper Mines.

The Committe has also had under consideration the following House Bills which I am instructed to report back to the Senate with recommendation that the same do pass to-wit:

A bill to provide for holding four terms a year of the Superior Court of Pulaski.

A bill to provide for holding four terms a year of the Superior Court of Wilcox County.

The committee has also had under consideration the following House Bill which I am instructed to report back to the Senate with recommendation that the same do not pass, to-wit:

TuESDAY, JuLY 29, 1913.

429

A bill ~to transfer Wilkinson County from the ()cmulgee to the Dublin circuit.
Respectfully submitted, W. D. McNEIL, Chairman.

The undersigned members of the General Judiciary committee, submit the following minority report on Senate Bill No. 110 and recommend that same be enatced into law for the following reasons, to-wit:
This bill does not make a radical change in the garnishment law. It simply ntakes subject to garnishment a portion of the wages of the day laborerall of which are now exempt. The amendment will continue :to give every reasonable protection against want or oppression. It will subject to garnishment only one-half of wages in excess of thirty dollars per month. Certainly merchants and others who extend credit, ought to be permitted to subject to the payment of their claims, at least one-half of earnings above thirty dollars a month, a sum sufficient to provide the necessities of life.
Not only are the retail merchants of Georgia, (who .are themselves subject to garnishment) entitled, in common justice, to have this amendment enacted into law, but the proposed amendment is just and .fair from the standpoint of ttie wage-earner, and will prove a positive benefit to him. The amendment proposed will check to an extent professional and wholesale deadbeating under color and protection of Jaw, but on the other hand it will increase legitimate

430

JouRNAL OF THE SENATE,

credit to the honest laborer. Unlimfied exemption: of a favored elass is a curse rather than a blessing to those whom the law is intended to fayor or protect. Under the present law, the laborer, who must always credit his employer for his wages, is often forced to resort to the money shark in order to obtain immediate cash with which to :.:upply the necessitieR of life, because the present law exempting his wages altogether, prevents hitm from obtaining that credit which would nntura11y be extended to him in commercial life if a portion of his wages were made subject to garnishment. In some oecupationfi! the emplo~rees have "to wait for thirty to fifty days after beginning work before ro11ecting their wages, and unless they can obtain credit for the necessities of life in the meantime, they are forced to go to the loan shark and make assignments at high and exorbitant rateR of discount in order to obtain cash to supply their immediate necesRities.
The proposed amendment will benefit all parties directly concerned and the general public. It is folly to argue that credit need not or ought not to be extended to the wage-earner. Credit is absolutely necessary in business and in commercial life, it is, in fact, essential to present day society. Certainly if credit is necessary for the bank and the manufacturer, it is more necessar~T for the wage earner.

If this amendment is enacted into law, however, it will tend to check fooli~h and unnecessary credit, for when a man can be forced to part with his earnings to pay his debts, he will be more careful in

TuESDAY, .J"cLY 29, 1913.

431

.creating debt. The locomotive engineer who is reckless in his expenditures and in his financial mat-ters under the present law, will become a judicious .spender and ''saver'' under this amendment, and at the same time the merchant will become a more willing ~reditor to the honest laborer because of the more reasonable protection given him under the law.
The brick mason and locomotive engineer earn from four to seven dollars per day, and their wages .are entirely exempt, while on the other hand, the conductor who earns less than the engineer, and the school teacher or the bookkeeper or the cashier, who earn not more than fifty or sixty dollars per month, are subject to garnishment. No one can subject any -part of the engineer's wages to the payment of an~' of his debts. All of the wages of the conductor are subject to garnishment by any of his creditors. This condition of affairs cannot be defended. It is absolutely unfair, unjus1t ,and unwise, and the law -which creates or allows such a condition to exist ought to be amended, at least to the extent proposed 'in this bill. The injustice of the present law is manifest, and the necessity for the proposed amendment -is apparent.

The retail merchants, and other such creditors, have no effective method of collecting their just debts unless they are given the right to subject wages by garnishment. ~t is only fair that small retail merchants whose earnings are, in many cases, 'less than those whom he credits, should have an effective remedy for eollecting his debts. T'he law

432

JouRNAL OF THE SENATE,

gives the landlord protection through the levy of a-. distress warrant. It provides the laborer a summary and effective remedy for collecting his wages. by the laborers lien. Simple justice would require that the small merchant be given the right to collect: his grocery and clothing bill by process of garnish-ment. There is no equality in placing landlords on. a higher basis than the retail merchants. The law ought to give the merchant who pl<aces clothes om the back of the debtor and fooa in his mouth as much protection as it does. the landlord who provides; shelter. The landlord is protected; the laborer is; protected; this bill merely proposes a partial protection for those not now protected at all. It does not go to the extent of seeking equal justice before the law. It details most liberally and fairly with the wage-earner, giving him more than he ought to ask and all he ought to be willing :to accept.
In practical operation the amendment will benefitmost of all the retail merchant in assisting him tocollect his grocery bills and other just claims of" such character. The Retail Merchants Association,. with a membership of approximately six thousand,. have unanimously endorsed the bill and requested its passage. From data collected by this association itis estimated that the retail merchants of Georgia lost eighteen million dollars during 1912, in uncollectible accounts. These accounts for the most part are for groceries, clothing and other such necessities of life. These claims for the most part are owing by wage earners who are protected under the pres- ent garnishment law. The amendment will as:sis.t

TUESDAY, JULY 29, 1913.

433

the retail merchant somewhat in reducing his losses and will assist him somewhat in collecting his just debts out of debtors who are able to pay and who in simple justice ought to be made to do so.
The most serious opposition to this measure does not come from the high class laborer, but from the railroads, large manufacturers, large corporations and other special interests. The reason urged by them for opposing the bill is that it will put them to some additional trouble in answering garnishments. This is not true bcause the proposed amendment would tend to reduce rather than increase the number of garnishments issued and answers required, for by subjecting a portion of hiS' wages, it will make the wage earner realize the necessity of paying his just debts without the expense and delay incident to litigation. At present he is indifferent, and the ambiguous construction placed upon the garnishment law by the Supreme Court which exempts some occupations and subjects others, makes it uncertain whether a particular laborer is or is not subject to garnishment, and the uncertainty of this law promotes and fosters litigation.

The real reason for the objection of these special interests is that the present law assists the employee - to live without paying his full living expenses, and the employer is the one who really profits, because he is thereby enabled to obtain la:br at a lower figure than he would if the wage earner could be forced to pay in full for his living expenses. The employee who can deadbeat his grocery and clothing bill can

434

JouRNAL oF THE SENATE,

afford to work at a lower wage than the employe! who is forced to pay srume. The large employers of labor know this, and know that the passage of this law will result in a demand for and an increase in wages in the exempted employments. Under the present law the small merchant is helping support the employees of the railroads and other corporations. If this law is passed the eighteen million dollars which last year was taken out of the pockets of the retail merchants for the benefit of the employers of labor will be paid next year, but by those who receive the benefit, to-wit, the railroads and other large corporations. It is' time that Georgia remedy this great inequality of the law as it exists today, and this is the purpose and will be the plain result of the proposed bill.
JNO T. ALLEN,
w. M. OLLIFF,
FRED KEA,
S. M. TuRNER.

Mr. Olliff, Chairman of the Committee on Enrollment, submitted the following report

111t. President:
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House the following Resolutions and Bills of the Senate, to-wit:
A resolution providing for the appointment of a commission to investigate the necessity of a State Sanitarium for "'dope fiends" and inebriates.

TuESDAY, JuLY 29, 1913.

435

A bill to make the President of the Board of Trustees of the South GeorgiaNormal College ex-officio a member of the Board of Trustees of the University of .Georgia.
A bill to confer upon the Railroad Commission the power to place a time limit in orders hereafter issued approving the issuance of stocks, bonds and other securities.
A bill to amend Section 2878 of the Code of 1910, to define the term "other like associations" therein referred to, and for other purposes.
A bill to amend Section 2626 of the Civil Code of 1910 so as to authorize the chairman as well as the Secretary of the Railroad Commission to certify copies of reports, schedules, orders and other records.
A "bill to provide that notice by the carrier shall be given to consignors of freight before undelivered goods may be sold.
Respectfully submitted, W. M. OLLIFF, Chail'lman.

Mr. Peyton, Chairman of the Committe on Railroads, submitted the following report:

Mr. President :
The committee on Railroads has had under consideration the following Senate Bills which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:

436

JOURNAL OF THE SEN ATE,

A bill to amend an Act approved August 17, 1908r
to require all railway companies in the State to equip and maintain each and every locomotive used with a sufficient electric headlight.

A bill to authorize the granting of free passage to sheriffs and deputy sheriffs.
Respectfully submitted, J. T. PEYTON, Chairman.

j\/Ir. Peyton, Chairman o fthe Committee on Railroads, submitted the following report:

Mr. President:
The committee on Railroads has had under consideration the following Senate Bill which I am instructed to report back to the Senate with recommendation that the same do not pass, to-wit:
A bill to require all street railway companies to separate the white from the colored race in the transportation of passengers.
Respectfully submitted, J. T. PEYTON, Chairman.

Mr. President :
Your Committee on Penitentiary, have had under consideration Senate Bill No. 21, entitled: "An Act to provide for the inspection of all county jails, to. provide for an indeterminate sentence in both felony and misdemeanor cases, and for other purposes,'' and instruct me as their Chairman to report the

TuESDAY, JULY 29, 1913.

437

same back with the recommendation that it do pass by substitute.
Respectfully submitted, TARVER, Chairman.

By unan~mous consent the following House Resolution was recommitted to the General Judiciary Committee.

By Messrs. Wright and Hendrix-
A resolution to authorize and direct the Governor to investigate and direct differences between citizens of the State of Georgia and Tennessee Coal Copper Company.
The following House bill was read first time.

By Mr. Wheatley-
A bill to make appropriations for the ordinary expenses of the Legislature, Executive and Judicial Departments of the State of Georgia and for other purposes.
Referred to Committee on Appropriations.
On motion the Senate adjourned until tomorrow
morning at 10o'clock.

438

JouRNAL oF THE SENATE,

.SENATE CHAMBER, ATLANTA, GA.,
Wednesday July 30, 1913.

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 eall of the roll the following members answered to their names :

Allen, John T.

Irwin, M. D.

Brown, John W. L. Jones, S. E.

Bulloch, R. 0.

Jones, W. W.

Bm:tz, A. H.

Johnson, J. F.

Bush, W. J.

Kea, Fred,

Chennault, N. B. Kelly, 0. L.

Converse, W. L. Longino, J. T.

Dickey, R. L.

McGregor, C. E.

DuBose, R. T.

McNeil, W. D.

Elkins, 0. H.

Miller, B. S.

Ford, L. L.

Moore, J. H.

Foster, A. H.

Olliff, W. M.

Harrell, G. Y.

Parrish, C. H.

Hixon, J. T.

Perry, Grant D.

Huie, G. M.

Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, .M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT

The Journal of yesterday was read and approved.

Mr. Chennault, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President:

The Committee on Agriculture 'have had under consideration the following Senate Bills which I am instructed to report baek to the Senate with the recommendation that the same do pass:

WEDNESDAY, JULY 30, 1913.

439

To be entitled an Act to provide for the removal of the Georgia Experiment Station to a point in South Georgia.

rno be entitled an Act to protect and encourage the reproduction, growth and conservation of the pine forest of the State.

T'o be entitled an Act to require purchasers oi fertilizers offered for sale in this State to report to the Commissioner of Agriculture any failure Of the seller to brand and tag such fertilizers.

The Committee has 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 not pass.

A resolution to create a Commission to investigate the farming interests of the State.
Respectfully submitted, N. B. CHENNAULT, Chairman.

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

Mr. President:
The Committee on Engrossing have examined and found properly engrossed -and ready for transmission to the House, the following Senate Bill, towit:

440

JouRNAL OF THE SENATE,

A bill to regulate the practice of medicine in this State and for other purposes.
Respectfully submitted, W. M. OLLIFF, Chairman.

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

Mr. President:
The Committee on Corporations has had under consideration the following House bill which I am instructed to report back to the Senate with recommedation that the same do pas'S as amended, to-wit:
A bill to create and incorporate the city of Comer, in the County of Madison.
Respectfully submitted, A. H. BuRTZ, Chairman.
Mr. Rushin, 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 bill, which it instructs me to report back with the recommendation that they do pass, to-wit:
A bill to fix the salaries of County Treasurers.
A bill. to repeal Act creating Board of Commissioners for White County.

WEDNESDAY, JuLY 30, 1913.

441

A bill to repeal Act creating Board of Commissioners for Coffee County.
A bill to amend Act abq_lishing Board of Commissioners of Wilkes County.
A bill to create office of Commissioner for Newton County.
A bill authorizing chaingang of Sumter County to work in Americus.
A bill to repeal Act creating Commissioners of Jones County.
The Committee has also had under consideration the following House Bill which it instructs me toreport back with the recommendation that it do pass by substitute, to-wit:
A bill providing for the levy of an extra tax by Catoosa County.
The Committee has had under consideration the following House bill which it instructs me to report back with the recommendation that it do pass as amended, to-wit:
A bill to create a Board of Commissioners for Coffee County.
M. E. RusHIN, Chairman.

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

Mr. President: The committee on Corporations has had under

442

JouRNAL oF THE SENATE,

consideration the following House Bill which I am instructed to report back to the Senate with recommendation that the sU~me do pass, to-wit:

A bill to amend an Act creating a new charter for the City of Eastman in the County of Dodge and for other purposes.
Respectfully submitted,
A. H. BuRTZ, Chairman.

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

ML President :

The Committee on Corporations have had under consideration the following House Bills which I am instructed to report back to the Senate with the recommendation that the sU~me do pass, to-wit:

A bill to create a new Charter for the Town of Woodbury.

A bill to incorporate the City of Danielsville.

A bill to incorporate the Town of Mauk in the County of Taylor.

A bill to amend the Charter of the Town of Oak-

field.

'

A bill to incorporate the City of Chickamauga.

A bill to repeal an Act to incorporate the Tlown of Danielsville.

WEDNESDAY, JULY 30, 1913.

443

A bill to amend the Charter of City of Lawrenceville. A bill to amend the Charter of Town of Pavo.
A bill to a:mend an Act to incorporate the Town of Unadilla.
A bill to amend the Charter of the City of Columbus.
A hill to amend the Charter of the City of Valdosta.
A bill to amend an Act to incorporate the City of Ocilla.
A bill to incorporate the Town of Cotton.
A bill to create a Board of Civil Service Commission for the City of Augusta.
A bill-to amend the Charter of Plainville.
A bill to amend the Charter of town of Lumber City.
A bill to amend the Charter of City of Toccoa.
A bill to amend the Charter of City of Sycamore.
A bill to amend the Charter of City of Buford.
A bill to amend, consolidate and supersede the several Acts incorporating the City of West Point.
The Committe has also had under eonsideration the following Senate Bills which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:

444

JouRNAL OF THE SENATE,

A bill to amend the Charter of the City of Macon. A bill to amend the Charter of Town of Arlington. A bill to amend the Charter of City of Dublin. A bill to amend the Charter of City of Lavonia.
Respectfully submitted, A. H. BuRTZ, Chairman.

Mr. Johnson, Chairman of the Committee on Hygiene and Sanitation, submlitted the following report:

Mr. President:
The Committee on Hygiene and Sanitation han~ 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 establish a State Board of Embalming, approved Decemoer 20th, 1899, etc.
Respectfully submitted; J. F. JoHNSON, Chairman.

Mr. Tyson, 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:

WEDNESDAY, JuLY 30, 1913.

445

An .Act to amend an .Act creating the Board of Commissioners of Roads and Revenues for Charlton County.
An .Act to amend the .Act creating the City Court of J e:fferson.

An Act to amend the .Act creating the City Court of Jefferson, approved July 16, 1903.

.An Act to amend an Act incorporating the Citr of Colquitt.

.An Act to amend an Act to incorporate the City of Colquitt, .Approved .August 7th, 1912.

An Act to incorporate the City of Colquitt in lieu of the Town of Colquitt.
Respectfully submitted,
CHAS M. TYsoN, Chairman.

Mr. Stark, Chairman of the .Appropriation Committee, submits the following report:

Mr. President:
The Committee on .Appropriations have had under consideration House Bill No. 389, known as the General .Appropriation bill for the support of the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, and for other purposes, and I am instructed to report thf" same back to the Senate with a recommendation

446

JouRNAL oF THE SENATE,

that it be read the second time, and re-referred to the Appropriation Committee.
Respectfully submitted, W. W. STARK, Chairman.

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

Mr. President:
'l'fhe committee on Special Judiciary has had under consideration the following House Bill which I nm instructed to report back to the Senate with recommendation that the same do pass to-wit:
A bill to change the County site of Murray County from Spring Place to Chatsworth.
The committe has also had under consideration the following House Bill which I am instructed to rep0ort back to the Senate with recommendation that the same do not pass, to-wit:
A bill to repeal an Act to establish the City Court of Douglas in and for the county of Coffee and al' laws amendatory of, and to abolish said court.
Respectfully submitted, 0. H. ELKINS, Chairman.

Mr. Foster, Chairman of Committee on Elducation, submitted the following report:

Mr. President: The Committee on Education has had under con-

vVEn-NESDAY, JuLY 30, 1913.

447

sideration the following bil1s and I am instructed to report same hack favorably with recommendation that they do pass :
House Rill No. 575. An Act to declare and make the Clayton Board of Education of the ID'ity of Clayton, Georgia, the legal successor of and to the Trustees of Clayton Academy.
House Bill No. 341. An Act amending an Act approved, August 13, 1904, establishing a public school system for the town of Canton.
House Bill No. 450. An Act to establish a public school system for Ocilla in Irwin County.

House Bill No. 431. An Act to amend an Act establishing a s:ystem of public schools for the town of Eastman.
H. H. FosTER, Chairman.

The following message was received from the House through Mr. Boifeiullet the Clerk thereof.

Mt. President:
The House has passed by the requisite Constitutional majority the following bills of the House, towit:
A bill to incorporate the Davisbo~o School District.
A bill to create a Board of Commissioners .of Roads and Revenues for Wheeler County.

448

JOURNAL OF THE SENA.TE,

A bill to create a new Charter for the City of Carnesville.

A bill to create the office of County Commissioner of Jones County.

A bill to amend the Charter of the Town of Ludowici.

A bill to amend the Constitution of Georgia so as to increase the salary of the Judge of the Superior Court of Bibb County.

By unanimous consent tl)e following House bill was read second time and recommitted to the appropriation Committee.

By Mr. Wheatley-
A bill to make appropriation for the ordinary expenses of the Executive, Legislative and Judicial Departments of the State Government and for other purposes.
By unanimous consent the following Senate bill was recommitted to the Constitutional Amendments Committee.
By Mr. Parrish-
A bill to amend paragraph 2, Section 1, Article 11 of the Constitution so as to create Millege County.
By unanimous consent the following House bill was read third time and put upon its passage.

WEDNESDAY, JuLY 30, 1913.

449

By Mr. Anderson of Murray-
A bill to change the County site of Murray County from Spring Place to Chatsworth.
Report of the committe was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the ote is as follows.

Those voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Foster, A. H. Harrell, G. Y. Huie, G. M.

Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Olliff, W. M. Parrish, C. H. Perry, Grant D.

Peyton, J. T. Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Tnrn.er, S. M.

Tihose not voting were Messrs.-

Ford, L. L. Hixon, J. T.

Miller, B. S. Moore, J. H.

Tyson, C. M. Watts, J. N.

Ayes 37, nays 0.

The bill having received the requisite Constitutional majority was passed.

The following communication was received from His Excellency, the Governor through his Secretary, Mr. Perry.

450

JouRNAL oF THE SENATE,

Mr. President:
I am directed by His Excellency the Governor, to deliver to your honorable body a sealed communication to which he respectfully invites your consideration in executive session.
Mr. Tyson, 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 Representatives and delivered to the Governor, the following Acts, to-wit:
An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Charlton County.
An Act to amend the Act creating the City Court of Jefferson.
1
An Act to amend the Act creating the City Court of J e:fferson approved July 16, 1903.
An Act to amend an Act incorporating the City of Colquitt.
An Act to amend an Act to incorporate the City of Colquitt, approved August 7th, 1912.
An Act to incorporate the City of Colquitt in lieu of the T!own of Colquitt.
Respectfully submitted,
CHAs. M. TYsoN, Chairman.

WEDNESDAY, JuLY 30, 1913.

451

Tbe following special order was taken up read ihird time and put upon its passage.

By Mr. Hixon-
A bill to define who is able to contract marriage in this State and to prescribe how marriage licens'e ma.y be obtained.
Mr. Harren moved to indefinitely postpone action on 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.-

Bulloch, R. 0. Chennault, N. B. Dickey, R. L. Elkins, 0. H. Harrell, G. Y. Huie, G. M. Irwin, M. D.

Jones, S. E. Johnson, J. F. Kea, Fred, McGregor, C. E. Parrish, C. H. Pope, Le,

Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Sweat, J. L. Taylor, G. W. Watts. J. N.

Those voting in the negative were Messrs.-

Allen, John T. Brown...-lohn W. L. Bush,T. J. Converse, W. L. Foster, A. H. Hixon, J. T.

Kelly, 0. L. Longino, J. T. McNeil, W. D. Olliff, W. M. Perry, Grant D. Peyton, J. T.

Richardson, C. H. Rushin, M. E. Stark, W. W. Tarver, M. C. Turner, S. M. Tyson, C. M.

Those not voting were Messrs.-

Burtz, A. H. DuBose, R. T.

Ford, L. L. Jones, W. W.

Ayes 19, nays 18.

Miller, B. S. Moore, J. H.

The motion prevailed.

452

JouRNAL OF THE SENATE,

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

By Mr. Tarver-
A bill to give all courts of original jurisdiction in the State of Georgia, authority in certain cases to allow defendants' to serve sentence outside of penitentiary and for other purposes.
The previous question was called and sustained.
Report of the committee was agreed to.
Upon the pass'age of the bill the ayes were 27, nays 0; the bill having received the requisite Constitutional majority, was passed by substitute.
The following Senate bills were read first time.

By Mr. Huie--
A bill to provide a punishment for desertion and non support of wife and children.

By Mr. HuieA bill to amend the Act incorporating the Town of
Forest Park in Clayton County.
Referred to the Committee on Corporations.

By Mr. DuBose--
A bill to change the time of holding the Superior Court of Oglethorpe County.
Referred to Special Judiciary Committee.

WEDNESDAY, JULY 30, 1913.

453

By Mr. DuBose.A bill to amend an .Act establishing the City Court
of Lexington in Oglethorpe County.
Referred to Special Judiciary Committee.

By Mr. Peyton-
A bill to prohibit the sale of cotton seed meal with cotton seed hulls in same and for other purposes.
Referred to Committee on .Agriculture.

By Mr. Huie-
.A bill to provide for election of U. S. Senators by the people.
Referred to General Judiciary Committee.

By Mr. TaylorA bill to amend the act incorporating the City of
Blackshear in Pierce County. Referred to Committee on Corporations.
By Mr. Rushin.A bill to amend Section 1249 of Volume 1 of the
Code. Referred to the Book Committee-
By Mr. Olliff.A bill to authorize and empower the .Atlantic,

454

JOURNAL OF THE 8ENATE,

WaycroS's & Northern Railroatl Company to eondemn certain land and for other purposes.

Referred to Committee on Railroads. The following House Bills read second time.

By Messrs. Slade, Swift, Wohlwender of Muscogee-A bill to amend Charter of City of Columbus.

By Mr. McCants-
A bill to incorporate the town of Mauk m t.he county of Taylor.

By Messrs:. McGehee and Culpepper-
A bill to create a new Charter for the town of Woodbury.

By Mr. Shipp of Pulaski-
A bill to provide for holding four terms a year of the Superior Court of Pulaski.

By Mr. McRae of Wilcox-
A bill to provide for holding four terms a year of the Superior Court of Wilcox.

By Mr. McRae of Telfair-
A bill to amend an Act creating the Charter of the town of Lumber City in the Oounty of Telfair.

~WEDNESDAY, JULY 30, 1913.

45;)

By :M:r. \Varren of T~rner-
A bill to amend an Act incorporating the City of Sycamore.

By Mr. Clements of Irwin-
A bill to amend an Act incorporating the City o: Ocilla .in Irwin County.

By. Mr. Thompson of MadisonA bill to incorporate the city of Danielsville.

By Messrs. Moon and Hines of Troupe-
A bill to amend, consolidate and supersede the Acts incorporating the City of West Point in the County of Troupe.

By Mess:rs. Jones and Griffin of Lowndes-
A bill to amend the Charter of the City of Valdosta.

By Mr. Duncan of Dooly-
A bill to amend an Act to incorporate the town o:'
Unadilla.

By Mr. Henderson of Jones-
A bill to repeal an Act and all amendments thereto approved December 12, 1894, creating a Board of Commissioners of Roads and Revenues for the County of Jones.

456

JouRNAL OF THE SENATE,

By Mr. Jackson of White-
A bill to repeal an Act entitled "An Act to creaJ f a Board of commissioners of Roads and Revenues White County.''

By r. Spence of Mitchell-
A bill to incorporate the town of Cottbn in Mitchell County.
By Mr. Simpson of Cherokee-
A bill to be entitled an Act, approved August 13th;
1904, authorizing the establishment of a public school system for the town of Canton and for other purposes.

By Mr. Bryan of Catoosa-
A bill to provide for an extra or additional levy of a tax by the County Commissioners of Caroosa ,County on taxable property.

By Mr. Wheatley of Sumter-
A bill to authorize and require the Board of Commissioners of Roads and Revenues of County of Sumter to work county chain gang force upon streets of City of Americus.

By Mr. Methvin of Dodge-
A bi1l to amend an Act creating a new Charter for the city 'Of Eastman.

WEDNESDAY, JULY 30, 1913.

457

By Mr. Thompson of MadisonA bill to create and incorporate the City of Comer.

By Mr. Loyd of Newton-
A bill to create the office of Roads and Revenues for the County of Newton.

By Mr. Smith of Rabun-
A bill to declare and make the Clayton Board of Education tlie legal successor of and to the Trustees of Clayton Academy.

By Mr. Green of Wilkes-
A bill to amend an Act abolishing the board of Commissioners of Roads and Revenues.

By Mr. Clements of IrwinA bill to establish a public school system for
Ocilla in Irwin County.
By Mr. Pharr of Gwinnett--
A bill to amend the Charter of the City ot Law-
renceville, Ga.

By Mr. Picquet of Richmond-
A bill to create a Board of Civil Service Oommission for the City of Augusta to have control and management of the police and fire departments of said city.

458

JouRNAL OF THE SENATE,

By Mr. Thompson of Madison-
A bill to repeal an Act to incorporate the town of Danielsville in the County of Madison.

By Mr. Farris of Walker-
A bill to incorporate the City of Chickamauga in
vValker County.

By Mr. Stewart of Coffee-
A bill to create a Board of Commissioners of Roads and Revenues in and for the connty of Coffee.

By Mr. Hayes of Stephens-
A bill to amend the Charter of the City of Toccoa in the County of Stephens.

By Mr. Reese of Thomas-
A bill to amend the Charter of the Town of Pavo in the Counties of Thomas and Brooks.

By Mr. Shadburn of Gwinnett-
A bill to amend the Charter of the City of Buford in Gwinnett.

By Mr. Methvin of Dodge--

.

A bill to amend an Act to establish a system of

Public schools for the town of Eastman.

By Mr. Neal of GordonA bill to amend the Charter of Plainville, Georgia.

WEDNESDAY, JuLY 30, 1913.

459

By Mr. SumnQr of WorthA bill to amend the Oharter of the Town of Oak-
field and for other purposes. The following Senate bills were read second time.

By Mr. Peyton-
A bill to amend an Act incorporating the City of Lavonia in Franklin County.

By Messrs. Sweat, Rushin and others-
A bill to provide for the removal of the Georgia Experiment Station from Griffin to South Georgia.

By Mr. MeNeiJ-
A bill to amend an Act to Create a new Charter of the City of Macon, approved November 21, 1893 and for other purposes.

By Mr. Watts-
A bill to require purchasers of fertilizer offered for sale in this State to report to the Commissioner of Agriculture any failure to brand said fertilizer.

By Mr. HixonA bill to :fix, the salaries of County Treasurers, and
for other purposes.
By Mr. HuieA bill to amend Section 5298 of Volume 1 of the
Code of 19'10, relating to garnishment.

460

JouRNAL oF THE SENATE,

By Mr. Allen-
A bill to fix the status of every resident of this state whose spouse residing in another State or foreign Countries.

By Mr. DickeyA bill to amend Section 4828 of the Code.

By Mr. Peyton-
A bill to amend an Act approved August 17, of 1908, to require all railway companies in the State to equip their engines with electric head lights.

By Mr. Sweat-
A bill to protect and encourage the reproduction growth and conservation of the pine forests of this State.

By Mr. Bullock-
A bill to amend the Act establishing the State Board of Entomology, approved December 20th, 1899.

By Mr. Foster-
A bill to provide for the inspection of all county jails and for other purposes.

By Mr. Elkins-
A bill to amend Section 3321 and 33'24 of the Civil Code.

WEDNESDAY, JULY 30, 1913.

461

:By Mr. Sweat-
A bill to amend an Act providing for a system of draining the wet swamp lands of this State.

:By Mr. PeytonA bill to authorize the granting of free passes to
:Sheriffs and deputy sheriffs and for other purposes.
By Mr. DuBoseA bill to amend Section 895 of the Penal Code
-relative to Children's Court.
By Mr. KeaA bill to prescribe the amount of costs in cases
involving $100.00 or less in the city Court of Dublin.

By Mr. Searcy-
A bill to amend Section 6134 of the Civil Code of 1910 fixing the salaries of the Stenographers of the 'Superior Court.

:By Mr. DuBose-
A bill to amend Section 3016 of the Code of 1910, -relative to Children.

l3y Mr. McNeilA bill to amend Section 3955 of the Code.

462

JouRNAL OF THE SENATE,

By Mr. Smith-
A bill to amend the present Charter of the town of Arlington.

By Mr. Kea by requestA bill to amend the Charter of the City of Dublin. The following House bills read first time.

By Mr. Duncan of Dooly-
A bill to e:reate a Board of Commissioners of Roads and Revenues for the County of Dooly and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Dorough of FranklinA bill to create a New Charter for the City of
Carnesville in Franklin County.
Referred to Committee on Corporations.

By Mr. Taylor of Washington-
A bill to incorporate the Davisboro School District in Town of Davisboro, County of Washington.
Referred to Committee on Education.

By Mr.Johnson of Montgomery-
A bill to create a Board of CommiS'sioners of Roads and Revenues for the County of Wheeler to.

WEDNESDAY, JULY 30, 19l3.

463

define their powers and duties and for other purposes.
Referred to Committee on Corporations.

By Mr. Miller of Bibb-
A bill to amend Paragraph 1 of Section 13, of article 6 of the Constitution of thestate of Georgia.
Referred to Committee on Constitutional Amendments.

By Mr. Henderson of Jones-
A bill to create the office of County Commissioner of Jones County.
Referred to Committee on Counties and County Matters.

By Mr. McRae of T'elfair-
A bill to aniend an Act entitled ''An Act to create ihe office of Commissioner of Roads and Revenues for the County of T1elfair, Georgia, to provide for an appointment to fill said office until January 1, 1911, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Smith of Fannin-
A bil,l to create a new Charter for the town of MeCaysville, in F'annin County.
Referred to Committee on Coprorations.

464

JOURNAL OF THE SENATE,

By Mr. Davidson of Putnam-
A bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Putnam.
Referred to Committee on Counties and County Matters.

By Messrs Wimberly, Miller, Fowler of Bibb-
A bill to amend an Act authorizing the Commissioners of Roads and Revenues of the County of Bibb to contribute from the county treasury to the support operated by the Macon Hospital Association.
Referred to Committee on Counties and County Matters.

By Mr. Parker of Liberty-
A bill to amend the Charter of the Tlown of Ludowici, Liberty County, Georgia.
Referred to Committee on Corporations.

By Mr. Holtzclaw of Houston-
A bill to authorize and empower the trustees of the Methodist Episcopal Church South, of Perry, Georgia, and their successors in office to sell c.ertain real estate situated in the City of Perry.
Referred to Special Judiciary Committee.

By Messrs. Wimberly, Fowler and Miller of,BibbA bill to amend the Charter of the City of Macon~

WEDNESDAY, JULY 30, 1913.

465

Referred to Committee on Corporations.

By Mr. McLendon of Early-
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Early.
Referred to Committee on Counties and County Matters.

By Mr. Spence of Mitchell-
A bill to amend an Act entitled ''An Act to create a new Charter for the City of Camilla and for other purposes.''
Referred to Committee on Corporations.
The following Senate bill was read third time and put upon its passage.

By Mr. McGregor by request-

A bill to amend the Constitution providing how

new Counties shall be established in Georgia.

-'

The previous question was called and sustained.

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.-

Brown, John W; L. Ford, L. L.

Burtz, A. H.

Foster, A. H.

Bush, W. J.

Harrell, G. Y.

Converse, W. L. Hixon, J. T.

Huie, G. M. Johnson, J. F. Kea, Fred, Longino, J. T.

466

JOURNAL OF THE SENATE,

McGregor, C. E. McNeil, W. D. Olliff, W. M. Parrish, C. H. Perry, Grant D.

Pope, Le,

Spinks, W. E.

Richardson, C. H. Stark, W. W.

Rushin, M. E.

Turner, S. M.

Searcy, W. E. H. Sr. Tyson, C. M.

Those voting in the negative were Messrs.-

Allen, John T. Bulloch, R. 0. Dickey, R. L. DuBose, R. T.

Jones, S. E. Jones, W. W. Moore, J. H. Peyton, J. T.

Sweat, J. L. Tarver, M. C. Taylor, G. W. Watts, J. N.

Those not voting were Messrs.-

Chennault, N. B. Irwin, M. D.

Elkins, 0. H.

Kelly, 0. L.

Ayes 25, nays 12.

Miller, B. S. Smith, E. L.

The report was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote was '1ls follows

Those voting in the affirmative were Messrs.-

Brown, John W. L. Kea, Fred,

Burtz, A. H. ~nverse, W. L.

Longino, J. T. McGregor, C. E

Foster, A. H.

. McNeil, W. D.

Harrell, G. Y.

Olliff, W. M.

Hixon, J. T.

Parrish, C. H.

Huie, G. M.

Perry, Grant D.

Johnson, J. F.

Pope, Le,
Richardson, c. H.
Searcy, W. E. H. Sr. Spinks, W. E. Stark, W. W. Turner, S. M. Tyson, C. M.

Those voting in the negative were Messrs.-

Allen, John T. Bulloch, R. 0. Bush, W. J. Dickey, R. L. DuBose, R. T.

Elkins, 0. H. Ford, L. L. Jones, S. E. Jones, W. W. Moore, J. H.

Peyton, J. T. Rushin, M. E. Sweat, J. L. Tarver, M. C. Taylor, G. W.

WEDNESDAY, JULY 30, 191it

467

Those not voting were Messrs.-

Chennault, N. B. Irwin, M. D.

Kelly, 0. L. Miller, B. S.

Smith, E. L. Watts, J. N.

Ayes 22, nays 15.
The bill not having received the requisite Constitutional majority was lost. Notice was given that at the proper time a motion would be made to reconsider the action of the Senate in defeating the foregoing bill.
The Senate adjourned until tomorrow morning at 10 o'clock.

468

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
Thursday, July 31, 1913.

The Senate met pursuant to adjournment at 10 o'clock, was called to order by the President.
Prayer wa's offered by the Chaplain.
Upon the Call of the roll the following members answered to their names :

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J.
Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose. R. T. Elkins, 0. H. Ford, L. L. Fo><ter, A. H. Harrell. G. Y. Hixon, J. T. Huie, G. M.

Irwin, l\L D. .Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W, M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Ric.hardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

By unanimous consent the reading of the journal was dispensed with.

Mr. Allen moved to reconsider the action of the Senate in indefinitely postponing the following bills on yesterday.

By Mr. Hixon-
A bill to define who is able to contract marriage in this State.

THURSDAY, JULY 31, 1913.

469

The motion prevailed.
Mr. McGregor moved to reconsider the action of the Senate in defeating the following bill of the .Senate on yesterday.

By MT. McGregor, by request-
A bill to amend the Oonstitution providing how new counties shall be eSitablished.
T'he motion prevaiiJ.ed and the bill was recon'sidered.
By unanimous consent the following Senate bills were read third time and put upon their passage.

By Mr. Smith--
A bill to amend the present Charter of the town of Arlington, Ga.
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. McNeil-
A bill to amend an Act to create a new Charter for the City of Macon, approved Nov. 21, 1893, and amendments thereto.
Report of the committee was agreed to. Upon the passage of the bill the ayes were ~2, nays 0; the bill having received the requisite Constitutiona'l majority was passed.

470

JOURNAL OF THE SENATE,

By Mr. Kea, by request-
A bill for the relief of T. B. Hicks of Dublin, Laurens County.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 35, nay.s 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Peyton-
A bill to amend the Act incorporating the City of Lavonia in Franklin County.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 39, nays 0; the bill having received the requisite Constitutional majority, was passed.
T'he following House Bills read third time and put on their passage.

By Mr. Shadburn-
A bill to amend the Charter of the City of Buford in Gwinnett County.
Report of the committee was agreed to. Upon the passage of the bill the ayes were 29, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Thompson-
A bill to create and incorporate the City of Comer in Madison County.

THURSDAY, JULY 31, 1913.

471

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, by inserting in Section 42, line 18, the word "reasonable" between the words "any" and "location" in said line so as to make the line read to any reasonable location designated by the Mayor and Council.

By Mr. Bryan of Catoosa-
A bill to provide for an extra or additional levy of a tax by the County Commissioners of Catoosa County.
Report of the committee was agreed to.
Upon the passage of the bill the, ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed by substitute.

By Mr. Simpson-
A bill authorizing the establishment Of a public school system in the town of Canton.
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. Green A bill to amend an Act abolishing the Board of

472

JOURNAL OF THE SENATE,

Commissioners of Roads and Revenues of Wilkes County.
Report of the committee was agreed to.
Upon the pa:ssage of the bill the ayes were 31, nay.s 0; the bill having received the requisite ConstitutionAl majority, was passed.

By Mr. Spence of Mitchell-
A bill to incorporate the T'own of Cotton in Mitchell County.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 21, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Warren-
A bill incorporating the City of Sycamore in Turner County.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 30, nay.s 0; the bill having received the requisite Constitutional majority was passed.
By Mr. Stewart-
A biltl creating a Board of Commissioners of Roads and Revenues in and for Coffee County.
Report of committee agreed to.
Upon the passage of the bill the ayes were 30

THURSDAY, JULY 31, 1913.
nays 0, the bill having received the requisite Constitutional majority wa:s pa:ssd.
By Messrs. McGehee and Culpepper-
A bill to create a new Charter for the town of Woodbury.
Report of Oommittee 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:. Moon and Hines-
A bill to amend, consolidate and supersede the several Acts incorporating the City of West Point in rnroup County.
Report of committee agreed to.
Upon the pa.ssage of the biH the ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed.
By Messrs. Jones and Griffin-
A bill to amend the Charter of the City of Valdosta.
Report of the oommittee agreed to. Upon the pa:ssage of the bill the ayes were 3'1, nays 0; the bill having received the requisite Constitutional majority, was passed.

474

JouRNAL OF THE SENATE,

By Mr .McGants-
A bill to incorporate the town of Mauk in Taylor County.
Report of committee 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. Smith-
A bill to make the Clayton Board of Education of the City of Clayton the legal successor of and to the Trustees of Clayton Academy.
Report of committee 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. Hayes-
A bill to amend the Charter of the City of Toccoa.
Report of committee agreed to.
Upon the passage of the bill the ayes were 25, nays 0; the bill having received the Constitutional . majority, was passed.

By Mr. Sumner-
A bi'll to amend the Charter of the Town of Oakfield.
Report of the committee was agreed to.

THURSDAY, JULY 31, 1913.

475

Upon the passage of the bill the ayes were :ll i, nays 0; the bill having received the reCluisite Constitutional majority was passed.

By Messrs. Slade, Swift and Wohlwender--
A bill to amend Charter of Columbus.
Report of committee agreed to.
Uupon the passage of the bill the ayes were 30, nays 0; the bill having received the requisite Constitutional majority wa,s pas~sed.

By Mr. Duncan-
A bill to incorporate the town of Unadilla.
Report of committee agreed to.
Upon the passage of the bill the ayes were 30, nay;s 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Reese--
A bill to amend the Charter of the town of Pavo in the Countieg of Thmu3 f!r:d Brol)b.
Report of the com~nit 1 (' agreed to.
Upon the passage of the bill the ayes were 29, nays 0; the bill having received the requisite Constitutional majority, was passed.

B.y. Mr. Henderson-
A bill to repeal an Act and all amendments thereto

476

JouRNAL oF THE SENATE,

approved December 12, 1894, creating a Board of Commissioners of Roads and Revenues for Jones County.
Report of committee 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. Clements-
A bill to establish a public school system for Ocilla in Irwin County.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 30,. nays 0, the bill h~ving received the requisite Constitutio~al majority, was pas'sed.

By Mr. Fariss-
A bill to incorporate the City of Chickamauga in Walker County.
Report of Committee agreed to.
Upon the passage of the bill the a:yes were 29, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. ClementsA bilf to amend an Act incorporating the City of
Ocilla.
Report of Committee agreed to.

THURSDAY, JuLY 31, 1913.

477

Upon the passage of the bill the ayes were 31, nays 0; the bill having received the requisite Constitutional majority was passed.

By Mr. Pharr-
A bill to amend the Charter of the City of Lawrenceville, Ga.
Report of committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0; the bill having received the requisite Constitutional majorty, was pas&ed.

By Mr. Methvin-
A bill to amend an Act creating a new Charter for the City of Eastman.
Report of the committee 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. Wheatley-
A bill to authorize and require the Board of Commissioners of Roads and Revenues of County of Sumter to work county chain gang upon streets of City of Americus.
Report of Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0; the bill having received the requisite Con... stitutional majority, was passed.

478

JOURNAL OF THE SENATE,

By Mr. Neal-
A bill to amend the Charter of Plainsville.
Report of committee agreed to.
Upon the passage of the bill the aye's were 28, nays 0; the bill having received the requisite Constitutional majority was passed.

By Mr. Methvin-
A bill to amend an Act to establish a system of public schools for the T!own of Eastman.
Report of committee was agreed to.
Upon the passage of the bill ~he ayes were 30, nays 0; and the bill having received the requisite Constitutional majority was passed.

By Mr. Thompson-
A bill to repeal an Act incorporating the town of Danielsville, Ga.
Report of oommittee was agreed to.
Upon the pass~age of the bill the ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Jac.kson-
A bill to repeal an Act entitled'' An Act'' to create a Board of Commissioners of Roads and Revenues for White County.
Report of the ~mmittee was agreed to.

THURSDAY, JuLY 31, 1913.

479

Upon the passage of the bill the ayes were 30, nays 0; and the bill having received the requir-;ite Constitutional majority, was passed.

By Mr. Stewart-
A bill to create a Board of Commissioners of Roads and Revenues for Coffee County.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 3"0, nays 0; the bill having received the requisite Constitutional majority, was passed as amended and the amendment is as follows.
The Committee amends as follows: By striking out Section two and inserting in lieu thereof, the following: Be it further enacted, That the Board of Commis.sioners of said County of Coffee for the year of nineteen hundred and fourteen shall be as follows: A. J. Meeks, Chairman of said Board, D. Kirkland, of Tanner District, Perry Strickland, Wooten District, George F. McCranie, Willacoochee District, D. A. Smith, Pearson District, J. C. Ellis, Pickren District, J. B. Harper, Ambrose District, Timothy Tanner, McDonald District, J. A. 0. Steen, Douglas District. Said Commissioners shall serve during the year of nineteen hundred and fourteen, and until their successors are elected and qualified.
Further amends by striking out Section fifteen and inserting in lieu thereof the following: For the year of nineteen hundred and fourtee, the Chairman of said Board of Commissioners, shall receive for his

480

JouRNAL oF THE SENATE,

services nine hundred dollars and shall devote his entire time to the affairs of said office. The other eight Commissioners shall receive for their services $3.00 per day for each day while attending Commissioners Court at Douglas, and $2.00 per day for each day of actual service rendered by them in their respective Districts. For the year of nineteen hundred and fifteen and for each year thereafter, each of said Commissioners shall receive :for their services the sum of three dollars per day, for each day of actual service rendered, not to exceed thirty-six days in any calendar year.
Further amends by adding to Section Seven the following: after "Calendar year," for the year of nineteen hundred and fifteen and each year thereafter.
Further amended by striking out ''two dollars'' wherever it appears in Section Fifteen and inserting in lieu thereof ''three dollars.''
Mr. Moore, Vice Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President :
The Committee on Counties and County Matters bas bad under consideration the following House
bills, which it instructs me to report back wtb the
recommendation that they do pass, to-wit:
A bill repealing Act creating Commissioners of Dooly County.

T'HURSDAY, JuLY 31, 1913..

481

A bill to create a Board of Commissioners ot Dooly County.
The Committe has also had under consideration the following House bill which it instructs me to report back with the recommendation that it do pass as amended to-wit:
A bill to amend Act providing board of Commissioners of Elbert County.
Respectfully submitted,
JOHN H. MooRE, Vice Chairman.

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

Mr. President:
The Committee on Engrossing, have examined and found properly engrossed and ready for transmission to the House, the following Senate Bill, towit:
A bill to give all courts of original jurisdiction authority in certain cases so to mould their sentences as to allow defendants, upon rendition of a verdict of guilty to serve .same outside the confines of the chaingang, jail or other places of detention, etc.
Respectfully submitted, W. M. OLLIFF, Chairman.

MT. MeNeil, Chairman of the Committee on General Judiciary, submitted the following report:

482

JouRNAL OF THE SENATE,

Mr. President :
The Committee on General Judiciary have 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 Section 10:36 of Penal Code.
A bill to provide for the election of U. S. Senators by the people.
A bill to provide for the amendment of indictments and accusations in criminal cases.
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 prohibit any person from inveigling any female under 14 years of age into any house of ill fame.

The committee has had under consideration the following Senate bill which I am instructed to report back with the recommendation that the same do pass by substitute, to-wit:
A bill to require taxes t~ be paid by all persons,
companies, etc., in the county where they are by law required to be returned to the Comptroller General and to provide for the ascertainment of the county entitled to payment where there is a disputed case.

The committee have had under consideration the following Senate bills which I am instructed to re~

THURSDAY, JULY 31, 1913.

483

-port with the recommendation that the same do not -pass, to-wit:
A bill to require all persons, firms, etc., who sell any paints, white lead, etc., t<> label the containers.
A bill to amend S.ection 147 of the Penal Code.
A bill to prevent unfair commercial discrimination between different sections' of the State.
A bill to empower the Governor to declare positions of trustees or director <>f State institutions vacant under certain circumstances.
The committee has had under consideration the following House Resolution which I am directed to report to the Senate with the recommendation that the same do pass, by substitute, to-wit:
A resolution directing the Governor to give direction to differences between citizens of the State of Georgia and certain copper companies located in the State of Tennessee.

The committee has had under consideration the following House bill which they direct me to report
to the Senate with the recommendation that the
same do pass', as amended, to-wit:

A bill to transfer Jenkins County from the Middle to the Augusta Judicial Circuit.

The committee have had under consideration the following House bill which I am instructed to report to the Senate with the recommendation that the same do not pass, to-wit:

484

JouRNAL OF THE SENATE,

A bill to transfer Turner County from the Albany Judicial Circuit to the Cordele .Judicial Circuit.
Respectfully submitted, W. D. McNEIL, Chairman.

Mr. Burtz, Chairman of the Co:11mittee on Corporations, submitted the f9llowing report:

Mr. President:
The committee on Corporations have 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 Macon.
A bill to amend the Charter of City of Camilla.
A bill to amend the Charter of the T10WD of Ludowici.
A bill to c:lreate a new Charter for the City of Carnesville.
The committe have had under consideration the following Senate bills which I -am instructed to report to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend the Charter of Town of Forest Park.
A bill to amend the Charter of City of Blackshear.
Respectfully submitted, A. H. BuRTz, Chairman.

THURSDAY, JuLY 31, 1913.

485

We the undersigned members of the General Judiciary Committee beg leave to submit this our minority report on the passage of Senate Bill Number 177.

M1. President:
The undersigned minority from the committee on General J udieiary are against the passage of Senate Bill No. 177, to amend Section 1036 of Volume 2 of the Code of Georgia of 1910, which gives the defendant in trial of a criminal case the right to make to the court and jury such statement as he may deem proper in his own defense by striking therefrom all of the words of said Section except those contained in the first line thereof and substituting in lieu of said stricken words other words allowing such de-
fendant the right either to make a statement or to be
sworn in his own defense, and in the event he exercises his' right to be sworn, to give the State's counsel the right to cross-examine him with reference to the matters testified about by him in his direct examination and for other purposes. In our opinion such a' change in the law would be unwise as it would encourage perjury and would tend to prejudice the rights of the defendant before the jury. We trust. therefore that the bill will not pass.
Respectfully submitted. J. L. SwEAT, 5th District, W. E. SPINKS, 38th District,. E. L. SMITH, 9th District, FRED KEA, 16th District, G. Y. HARRELL, 12th District.

486

JouRNAL OF THE SENATE,

By unanimous consent the following Senate bill was recommitted to the Education Committee.

By Mr. Kea-
A bill to provide for the establishment and maintenance of an Agricultural College in the 12th Congressional District.
The following resolution was read.

By Mr. Ford-
A resolution: Resolved that Senate Bill No. 129 be taken from the table and made special order for tomorrow morning immediately after the reading of the journal.
Referred to Committee on Rules.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the House, to-wit:
A bill to amend an Act establishing a new Charter for the City of Atlanta and the several Acts amendatory thereof.
A bill to increase the salary of the Judge of the City Court of Macon.
The House has passed by the requisite Constitu-

THURSDAY, JuLY 31, 1913.

487

t

tional majority the following bills of the Senate towit:

A bill to amend an Act to create the City Court or Fitzgerald.

A bill to provide for holding monthly sessions of the Board of Commissioners of Roads and Revenues for Stewart County.

A bill to amend an Act creating the City Court of Statesboro.

The following House bills were read first time.

By :Messrs. Cochran, Smith and Blackburn-
A bill to amend the Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof.
Referred to Committee on Corporations.

By Mr. Miller of BibbA bill to increase the salary of the Judge of the
City Court of Macon. Referred to Special Judiciary Committee. By unanimous consent the following House bill
was recommitted to the Special Judiciary Committee.
By Mr. Stewart-
A bill to repeal the Act establishing the City Court of Douglas in Coffee County.
The fo1lowing House bills read second time:

488

JouRNAL OF THE SENATE,
t

By Mr. Dorough of Franklin-

A bill to create a new Charter for the City of Carnesville.

By Messrs. Stovall and Wall of ElbertA bill to amend an Act to provide Board of Com-
missiooors ror the County of Elbert.
By Mr. Parker of LibertyA bill to be entitled an Act to amend the Charter
of the Town of Ludowici.
By Mr. Brinson of JenkinsA bill to rearrange the middle and Augusta Judi-
eial circuits by taking from the middle circuit the County of Jenkins and adding said county to the Augusta Circuit.
By Mr. Spence of MitchellA bill to amend an Act entitled" An Act to create
a new Charter for the City of Camilla."
By Messrs. Wimberly, Wowler and Miller of BibbA bill to amend the Charter of the City of Macon.
By Mr. Duncan of DoolyA bill to create a Board of Commissioners of
Roads and Revenues for the County of Dooly.
By Mr. DuncanA bill to repeal an Act entitled an Act to create a

THURSDAY, JuLY 31, 1913.

489

Board of Commissioners of Roads and Revenues for the County of Dooly.
The following House Res,olution was read third time and put upon itS! passage.

By Messrs. Wright a.nd Hendrix-
A Resolution authorizing the Governor of Georgia to investigate and give direction to differences between citizens of the State of Georgia and Certain Oopper Companies located in the State of Tennessee.
Report of the Commit~e was agreed to.
Upon the passage of the resolution the ayes wer& 28, nays 0; the resolution having received the requisite Constitutional majority, was passed by substitute as amended and the amendment is as follows: Amend by inserting at the end of second Paragraph on page one, the following, The State of Georgia recognizing that Tennessee Copper Oompany J:J.as been and is endeavoring t~ control the gases' generated in the treatment of its ores and being willing that said company shall have an extension of time for opportunity to demonstrate the efficiency of its acid plant and acid making appliances and to make all necessary improvements to maintain said plant and appliances to the highest known standard of efficiency is therefore willing to extend the time as hereinafter mentioned and specifically set out, and
This bill was ordered immediately transmitted to the House.
The following Senate bills were read first time.

490

JouRNAL oF THE SENATE,

By Mr. MillerA bill to provide for the registration of voters in
the State of Georgia. Referred to General Judiciary Committee.

By Mr. Sweat-

A bill to provide for the protection of the Oyster industry in this State.

Referred to Committee on Agriculture.

Tlhe following Senate resolutions were read first

time.

,

By Mr. WattsA Resolution to ,create a Commission for the pur-
pose of disposing of the Governor's Mansion. Referred to Committee on Public Property.
By Mr. TarverA Resolution to provide for the disposition of the
State's Executive Mansion. Referred to Committee on Public Property. The following Resolution was read second time
and adopted; ayes 29, nays 0.
By Mr. AndersonA Resolution to authorize the Governor to call out
,a portion of the National Guard on request of the :Sheriff of Chatham County.

THURSDAY, JuLY 31, 1913.

491

The following Senate bills were read second time:
By Messrs. Bush, Foster, et alA bill to prohibit any person from inticing any
female under the age of 14 years into a house of ill fame.

By Mr. Turner-
A bill to provide for amendment of indictment and: accusations in criminal cases.
By Mr. Perry-
A bill to require taxes to be paid by all personsr companies and corporations in the county in which they are by law required or directed to be returned in cases when the returns are made to the Comp. troller General as now provided by la:w.

By Mr. HuieA bill to amend the Charter of Forrest Pa.rk.

By Mr. ElkinsA bill to amend Section 1036 of the Code.
-
By Mr. TaylorA bill to amend the act incorporating the City of
Blackshear in Pearce.
By Mr. HuieA bill to provide for the election of United States.
Senators by the people.

492

JouRNAL OF THE SENATE,

T'he foHowing Senate bills were read third tim6 and put upon their passage:

By Mr. Foster-
A bill to provide for the inspection of all County Jails and abolish ehaingangs in this State 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 substitute.

By Mr. Bush-
A bill to regulate and control the organization and operation of insurance companies of this State.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 36, nays 0; the bill having received the requisite Constitutional majority, was passed by substitute.
By Messrs. Searcy and Smith-
A bill to amend Section 6134 of the Code, fixing salaries of stenographers of the Superior Court.
Report of the committee was agreed to as amended.
Upon the passage of the bill the ayes were 23, nays 11; the bill having received the requisite Constitutional majority was passed as amended and the amendment is as follows :

THURSDAY, JULY 31, 1913.

493

Amend Section 1 by striking out two thousand in the 6th line and inserting in lieu thereof the words eighteen hundred and also S'triking in the 9th line and inserting eighteen hundred.

ByMr.Kea-
A bill to require factories, work shops, machine shops and other industrial plants to report to the Commerce and Labor Department.
This hill was tabled.

By Messrs. Jones and Foster, et al-
A bill to revise jury lists in this State.
Report of the committee was agreed to.
Upon the passa:ge of the bill the ayes were 29, nays 0; the bill having received the requisite Constitutional majority, was passed by substitute.
The fol1owing request was read from the Penitentiary Committee:

Mr. President:

We, a majority of the Penitentiary Committee,

request that Senator Ohennault be added to said Committee.

TuRNER, Chairman, W. W. JONES, LE PoPE, A. H. BuRTZ, JOHN H. MooRE,

G. w. TAYLOR,
J. T. PEYTON,
c. H. pARRISH,
R. 0. BuLLOCH,
M. E. RusHIN.

494

JouRNAL OF THE SENATE,

The President added Senator Chennault .to said Committee.
On motion the Senate adjourned until tomorrow morning at 10 o'clock.

FRIDAY, AuarsT 1, 1913.

495

SENATE CHAMBER Atlanta, Ga., Friday, August 1st, 1913.

The Senate met pursuant to adjournment at 10 ()'clock; was called to order by the President.
Prayer was offered by the Chaplain.
Upon the call of the roll, the following members answered to their names:

Allen, John T.

Irwin, M. D.

Brown, John W. L. Jones, S. E.

Bulloch, R. 0.

.Jones, W. W.

Burtz, A. H.

Johnson, J. F.

Bush, W. J.

Kea, Fred,

Chennault, N. B. Kelly, 0. L.

Converse, W. L. Longino, J. T.

Dickey, R. L.

McGregor, C. E.

DuBose, R. T.

McNeil, W. D.

Elkins, 0. H.

Miller, B. S.

Ford, L. L.

Moore, J. H.

Foster, A. H.

Olliff, W. M.

HarreB, G. Y.

Parrish, C. H.

Hixon, J. T.

Perry, Grant D.

Huie, G. M.

Peyton, J. T.

Pope, Le,
Richardson, C. H . Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

Notice was given that at the proper time a motion would be made to recommend the action of the Senate on House bills Nos. 318, 340.

On motion, the reading of the Journal was dispensed with.

On motion, the following bills of the House were reconsidered, which were passed on yesterday by the Senate.

496

JouRNAL OF THE SENATE,

By Mr. Stewart-
A bill to repeal an Act creating a Board of Commission of Roads and Revenues for Coffee County.

By Mr. Stewart-
A bill to create a Board of Commissioners of Roads and Revenues for Coffee County.
The motion prevailed and the bills were remitted to Counties and County "Matters Committee.
By unanimous consent, the following- Senate bill was recommitted to the Genera1 ,Judiciary Committee.

By Mr. McGreg-or-
A bill to empower the Governor to declare positions of Trustees or Directors of the State Institutions vacant in certain cases.
Mr. Burtz, Chairman of the Committee on Corporations, submitted the following- report:

Mr. President:
The Committee on Corporations have had under consideration the following- Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do not pass, to-wit:
A bill to amend the charter of the City of Augusta
so as to create a commission form of government. Respectfully submitted, A. H. BURTZ, Chairman.

FRIDAY, AuausT 1, 19'13.

'497

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

Mr. President:
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House the following bills and resolution of the Senate, to-wit:

A bill to regulate and control the organization and operation of insurance companies.

A bill to amend Section 6134 of the Civil Code of 1910, fixing the salaries of the stenographers of the Supreme Court.

A bill to prescribe the amount of costs in certain ~ases in the City Court of Dublin.

A bill to amend the charter of the City of Macon.

A bill to amend the charter of the town of Arlington.

A bill to amend the charter of the City of Lavonia.

A bill to revise the jury lists of this State.

A resolution to authorize the Governor upon request of the Sheriff of Chatham County, to order out such of the National Guard as may volunteer for the purpose of carrying out certain orders of the County Cemmissioners.

498

JouRNAL OF THE SENATE,

A bill for the relief of 'L'. B. Hicks of Dublin, Laurens County.
Respectfully s~bmitted,
W. M. OLLIFF, Chairman.

Mr. Rushin, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Presid'ent:
The Committee on Counties and County Matters has had under consideration the following House bills, whieh it instructs me to report back with the recommendation that they do pass, to..wit:

A bill to amend Act authorizing Commissioners of Bibb County to contribute to the support of the Macon Hospital Association.

A bill to create Board of Commissioners for. Wheeler County.

A bill to amend Act creating office of Commissioner of Telfair County.

A bill to amend Act creating Commissioners of Putnam County.

A bill to create office of Commissioners of Jones County.
Respectfully submitted,
M. E. RusHIN, Chairman.

FRIDAY, AuausT 1, 1913.

499

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

Mr. President :
The Committee on Corporations has had under consideration the following House bi1l, which I am instructed to report back to the Senate with recommendation that the same be read a second time and recommitted to the Committee on Corporations.
A hill to amend an Act establishing a new charter for the City of Atlanta approved Feb. 28, 1874, and the several Acts amendatory thereof and for other purposes.
Respectfully submitted,
A. H. BuRTz, Chairman.

The following message was received from His Excellency, the Governor, through his Secretary, Mr. Perry, to-wit:

Mr. President :
His Excellency, the Governor, has approved and signed the following Acts and Resolution, to-wit:

An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Charlton County.

An Act to amend the kct creating the City Court of Jefferson so as to change the time of holding the sessions of said Court.

500

JouRNAL oF THE SENATE,

An Act to amend an Act incorporating the City of Colquitt.
An Act to amend the Act creating the City Court of Jefferson, approved July 16, 1903, so as to provide an official stenographer for said Court.
An Act to amend the Act to incorporate the City of Colquitt in lieu of the town of Colquitt and confer additional powers, etc.
An Act to amend an Act to incorporate the City -of Colquitt, approved August 7, 1912.

}fr. Elkin, 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 bill, which I am instructed to report back to the Senate with the recommendation that the same do not pass:
To repeal an Act to establish the City Court of Douglas in and for the County of Coffee.
Respectfully submitted, ELKIN, Chairman.

The following report from the Rules Committee was read and adopted:
August 1st, 1913. Mr. PTesident:
Your Committee on Rules has had under consider-

FRIDAY, AuGusT 1, 1913.

501

ation various resolutions, referred to it for Special Orders, and after considering the State of the business before the Senate deems it adv~nhle to clear the Calendar of certain clast';es of hills before the General Appropriation bill is reporte!l kwk to the Senate. Your Committee therefore -recommend~ the adoption of the following Special Orner of. Business for today to be taken up immediately after Unanimous Consents, to-wit:
1. Senate Bill No. 129, being legislatH.n necessary to be passed before the opening of the Cotton Season.
2. All Local, Senate and House billr,: ready tor 3rl reading.
3. All City Court bills.
4. All bills changing terms of Superior Courts.
5. All bills transferring counties from one Judi-cial Circuit to another.
6. All bills creating new Judicial Circuits or providing for the creation of new Superior Court Judgeships.
B. S. MrLLER, Vice-Chairman.

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

Mr. President :
The Committee on Western and Atlantic Railroad, have had under consideration Senate resolution No.

502

JouRNAL OF THE SENATE,

10, and instructs me to report same back with the recommendation that it do pass by substitute offered by Senator Sweat of the 5th District, the same being:
A Joint Resolution providing for the appointlJlent of a Commission to investigate and report upon Ct1tain matters affecting the western & Atlantic Railroad, as amended by the Committee.
Respectfully submitted, J. W. L. BROWN, Chainnan.

}fr. Elkins, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
The Committee on Special Judiciary bas bad un der 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 provide for the payment of insolvent criminal costs in the Augusta Judicial Circuit.

A bill to repeal an Act to establish the City Court of Ocilla, in Irwin County.
A bill to establish the City Court of Irwin County.
A bill to amend the Act establishing the City Court
of Valdosta.
A bill to increase the salary of the Judge of the City Court of Macon.

FnmAY, Al:Gl:ST 1, 1913.

503

A bill to empower the Trustees of the M. E. Church South, of Perry, Ga., to sell certain real estate in Perry, Georgia.

The Committee has had under consideration the following Senate bills, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend the Act establishing the City Court of Oglethorpe.
A bill to change the time of holding the Superior Court of Oglethorpe County..
A bill to amend an Act to establish the City Court of Lexington.

The Committee have had under consideration the following House bill, which I am instructed to report to the Senate with the recommendation that the same do pass, as amended, to-wit:
A bill to repeal an Act establishing the City Court of Quitman.

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 not pass, to-wit:
A bill to make it unlawful for any person, firm or corporation to barter, sell, lease, rent, exchange, or otherwise dispose of for value any pistol or revolver to any person, firm or corporation.

504

JOURNAL OF THE SENATE~

The Committee have also had under consideration the following House bill, which I am instructed to report to the Senate with the recommendation that the same do not pass, to-wit:

A bill for the relief of S. J. Cartledge of Clarke County.
Respectfully submitted, 0. H. ELKINS, Chairman.

1Ve the undersigned members of the General .Judiciary Committee hereby submit the following minority report on Senate Bill No. 109, which passed for labeling of all paints and publication on the cartons, cans and vessels containing any paint, the true per cents of all ingredients.
We favor the passage of the bill for the reason that there is now no law in this State whieh protects the people in the purchase of paints and which prevents the sale of spurious and worthless paints.
We believe the passage of the bill will give the people true information with regard to 'what each paint is composed of. No honest manufaCturer need have any fear of putting a label upon his paints. and will afford the people an opportunity to learn when they buy paint, whether the paint is made largely of dust material and worthless products.
G. Y. HAR.RELL,
w. M. OLLIFF, w. M. STAR.K,
c. M. TYSON.

FRIDAY, AUGU8T 1, 1913..

505

By unanimous consent, the following Senate bill was read first time.

By Mr. SpinksA bill to increase the number of terms of the Su-
perior Court of Paulding County, Georgia. Referred to the Special Judiciary Committee. The following House bill was real 2d time.

By Messrs. Cochran, Smith and Blackburn-
A bill to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874 and the several Acts amendatory thereof:
This bill was recommitted to the Corporation Committee.
The following Senate bills were read the second time.

By Mr. DuBose-
A hill to amend the Act to establish the City Court of Lexington in Oglethorpe County.
. By Mr. DuBose-
A bill to change the time of holding the Superior Court of Oglethorpe County.

By Mr. Richardson-
A bill to amend the Act establishing the County Court of Oglethorpe.

506

JouRNAL OF THE SENATE,

The following Senate resolution was read the second time:

By Mr. Sweat-
A resolution to provide for the appointment of a Commissioner to investigate the report upon the extension of theW. & A. R. R.
Mr. Harrell moved to disagree to the report of the Committee on the following bill of the Senate:

By Mr. Harrell-
A bill to require all firms and corporations who manufacture or sell in this State, any paints, shall label the contents of said paint.
On the motion the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Foster, A. H. HarreH, G. Y. Hixon, J. T. Jones, S. E. Jones, W. W.

Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D.

Peyton, J. T. Pope, Le, Richardson, C. H. Searcy, W. E. H. Sr~ Stark, W. W. Sweat, .[. L. Taylor, G. W. Turner, S. M. Tyson, C. M.

rr1hose voting in the negative were Messrs.-

Allen, John T. Dickey, R. L. DuBose, R. T. Elkins, 0. H.
Ford, L. L.

Huie, G. M. Irwin, M. D. McNeil, W'. D. Miller, B. S.

Rushin, M. E. Smith, E. L. Spinks, W. E .. Tarver, M. C~

FRIDAY, AUGUST 1, 1913.

507

'Illiose not voting were Messrs.-
Brown, Jrohn W. L. Converse, W. L. Watts, J. N.
Ayes, 27; nays, 13. The motion pre:vailed.
This bill was read the second time.
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 and resolution .of the House, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues for Tift County.
A bill to amend the charter of the town of East Lake.
A bill to amend an Act to create a new charter for the town of Cochran.
A bill to create a new charter for the City of Hawkinsville.
A bill to amend an Act to establish a public scnool system of the City of Waycross.
A bill to repeal an Act to establish the City Court of Flovilla.
A bill to amend an Act to create the City Court ~f Madison.

508

JouRNAL OF THE SENATE,

A bill to amend an Act to create a new charter for the City of Moultrie.
A bill to amend an Act to incorporate the City of Lavonia.
A bill to amend an Act to incorporate the town of Pineview.
A bill to change the time of holding Hart Superior Court.
A bill to amend the City charter of Athens.
A bill to amend an Act to provide for the election of the Solocitor of the County Court of Putnam County.
A resolution to endorse Hon. J. Lindsay Johnson for the post of Consul General to the Orient.
The House bas concurred in the Senate Substistute as amended to the following resolution of the House, to-wit:
A resolution to authorize the Governor to investigate the differences between certain citizens of this State and certain copper companies located in the State of Tennessee.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

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

FRIDAY, AUGUST 1, 1913.

509

A bill to repeal an Act to establish the City Court of Vienna.
A bill to amend an Act creating a public school system for the City of Oglethorpe.
Mr. Stark moved to disagree to the report of the Committee which is unfavorable to the passage of the bill.

By Mr. Stark-
A bill to provide permanent registration for voters of this State.
The motion prevailed, and the bill was read the second time.
The following Senate resolution was recommitted to the Committee on Public Property.

By Mr. Peyton-
A resolution providing for a joint Commission to receive offers for the sale of the Executive Mansion.
The following Senate bills were read the third time and put upon their passage:

By Mr. Ford-
A bill to amend Sections 2135 and 2136 of the Code.
Report of the Committee was agreed to.
Upon the passage of the bill, the ayes were 31, nays, 0.

510

JouRNAL OF THE SENATE,

The bill having received the requisite constitu~ fional majority, was passed.

By Mr. Huie-
A bill to amend the charter of Forest Park.
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. TaylorA bill to amend the Act to incorporate the City
of Blackshear in Pierce County. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 28,
nays 0. The bill having received the requisite constitu-
tional majority, was passed.
By unanimous consent, the following House bill was tabled:

By Mr. McRea-
A bill to amend the Act creating the charter of the town of Lumber City.
The following House bills were read the third time and put upon their passage:

FRIDAY, AUGUST i, 1913.

511

By Messrg. Stovall and Watts-
A bill to amend the Act to provide for a Board of Commissioners for the County of Elbert, approved February 27, 1875.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority, was passed as amended and the amendment is as follows:
Amend Section 6 by striking the figures $750.00 in said section and inserting in place thereof the figures $840.00. .

By Messrs. "Wimberly, Fowler and Miller-
A bill to amend the charter of the City of Macon.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0; the bill having received the requisite constitutional majority, was passed.

By Mr. Duncan-

A bill to repeal an Act entitled an Act to create

a Board of Commissioners of Roads and Revenues.

for the County of Dooly.



Report of the Committee was agreed to. Upon the passage of the bill the ayes were 26,.

512

JouRNAL OF THE SENATE,

nays 0; the bill having received a requisite constitutional majority, was passed.

By Mr. Dorough-
A bill to create a new charter for the City of Carnesville in Franklin 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.

By Mr. Picquet-
A bill to create a Board of Civil Service Commission for the City of Augusta.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0; the hill having received the requisite constitutional majority, was passed.

By Mr. Duncan-
A bill to create a Board of Commissioners of Roads and Revenues for the County of Dooly.
Report of Committee agreed to.
Upon the passage of the bill the ayes were 28, nays 0; the bill having received the requisite constitutional majority, was passed.

/

1 FRIDAY, ArausT 191~~-

513

By Mr. Shipp-
A bill to provide for holding four terms a year of the Superior Court of Pulaski.
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. Spence-
A bill to amend an Act entitled "an Act to create a new charter for the City of Camilla.''
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, n;.ys 0; the bill having received the requisite constitutional majority, was passed.

By Mr. Parker-
A bill to amend the charter of the town of Ludowici in Liberty 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 con-
stitutional majority, was passed.
By Mr. McRaeA bill to provide for holding four terms a year
of the Superior Court of Wilcox County.
Report of Committee agreed to.

'

514

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. Brinson-
A bill to rearrange the Middle and Augusta Judicial Circuits by taking Jenkins County from the Middle Judicial (~ircuit and adding to the Augusta Circuit.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0; the bill having received the requisite constitutional majority, was passed as amended and the amendments are as follows:
Amend by adding to Section 2 and at the end thereof the following:
Provided that the provisions of this Act shall not go into effect until the same shall have been submitted to a vote of the qualified electors of Jenkins County and ratified by them in the manner hereinafter provided for, to-wit: At the next general election to be held in Jenkins County the qualified voters of said county shall vote upon the question as to whether this act shall go into effect or not. Those favoring the provisions of this Act shall h~e written or printed on their ballots the words ''in favor of transferring Jenkins County from the Middle to the Augusta Circuit'' and those opposed to the Act going into effect shall have written or printed on their ballots the words ''against transferring J en-

~""'RIDAY, .ATJGUST 1, 1913.

515

kins County from the Middle to the Augusta Cir<euit.'' The returns of said election as relate to this question shall be made to the Ordinary of J en-
kins County, who shall proceed to canvas the vote
and declare the result, and if it appears that a majority of those voting at said election have voted in favor of the Act going into effect the Ordinary shall so declare, and thereupon the Act shall go into effect, but if a majority have voted for the .contrary the Ordinary shall so declare and the Act :Shall not go into effect.
Amend the title by adding between the words Augusta Circuit on the last line of the title and the words ''and for other purposes the following words to provide for the submission to the qualified voters ()f Jenkins County the question as to whether the .contemplated change shall be made."
Amend Section one by adding the following language to the end thereof: Provided this Act does not effect the rights of the Solicitor General of the Middle Circuit during the present term of office and he is still authorized to discharge the duties of said office during said term as though this Act had not been passed.

By Messrs. Smith, Blackburn and CochranA bill to add another additional .Judge of the At-
lanta Judicial Circuit and for other purposes.
Report of the Committee was agreed to. Upo~ the passage of the bill the ayes were 24,

516

JouRNAL OF THE SENATE,

nays 4; the bill having received the requisite constitutional majority, was passed.
The following House bills read the first time.

By Mr. Dorough of Franklin-
A bill to amend an Act entitled an Act to incorporate the City of Lavonia.
Referred to Committee on Corporations.

By Mr. Mills of ButtsA bill to repeal an Act entitled an Act to es-
tablish the City Court of Flovilla.
Referred to Special Judiciary Committee.

By Mr. Shipp of PulaskiA bill to amend Act, provide and create a new
charter for the town of Cochran in Pulaski County. Referred to Committee on Corporations.

By Messrs. Cooper and Crawley of WareA bill to amend an Act establishing a system of
public school for the City of Waycross. Referred to Committee on Education.

By Mr. Davidson of Putnam-
A bill to amend an Act entitled an Act to provide for electing the Solicitor of the County Court

FRIDAY, AUGUST 1, 1913.

517

of Putnam County by the county, when election shall

bqeuhaelilfdi,edetcv.oters

of

said

Referred to Committee on Counties and County Matters.

By Mr. McCurry of Hart County-
A bill to change the time of holding the Superior Courts in and for Hart County, from the second Mondays in April and October of each year, to the fourth Mondays in F~bruary and August of each year.
Referred to Special Judiciary Committee.

By Mr. Shipp of Pulaski- ,rrrr
A bill to amend an Act to create a new charter for the City of Hawkinsville.
Referred to Committee on Corporations.

By Mr. McRae of Wilcox-
A bill to amend the Act approved on December 10, 1902, entitled an Act to incorporate the town of Pineview in Wilcox County.
Referred to Committee on Corporations.

By Lipscomb of ClarkeA bill to amend the charter of the City of Athens. Referred to Committee on Corporation.

518

JouRNAL OF THE SENATE,

By Burney-
A bill to amend an Act approved August 15, 1910, to abolish the City Court of Madison in Morgan County.
Referred to Special Judiciary Committee.

By Messrs. Field and Smith of DeKalbA bill to amend the charter of the town of East
Lake.
Referred to Committee on Corporation.

By Mr. Ellis of Tift-
A bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Tift.
Referred to Committee on Counties and County Matters.

By Carlton of Colquitt-
A bill to amend an Act approved November 20, 1901, entitled an Act, to create a new charter for the City of Moultrie.
Referred to Committee on Corporation.
By Mr. Nunnally of Floyd-
A resolution to request the President of the United States to appoint J. Lindsay Johnson, Consul General to the Orient.

FRIDAY, AUGUST 1, 1913.

519

Referred to Committee on Rules.
The following request was read from the Committee on Appropriations:

July 1st, 1913.
Hon. J. Randolph Anderson, President Senate of Georgia, Atlanta, Ga.

Dear Sir:

We, a majority of the members of the Committee

on Appropriations of the Senate, respectfully and

unanimously request that Senator W. D. .McNeil of

the 22d District be added to our committee, and we

sincerely trust you will immediately appoint him.

W. W. STARK, Chair.,

w. G.

TAYLOR,

E. L. SMITH,

JoHN H. MooRE,
s. M. TURNER c. H. PARRISH,

J NO. T .ALLEN'
c. H. RICHARDSON'

M.D. IRWIN,

R. 0. BULLOCH,
s. B. MILLER,

G. M. HuiE,

A. H. BURTZ,

L. L. FoRD,

.T. T. PEYTON.

520

JouRNAL oF THE SENATE,

The President added Senator McNeil to the Appropriation Committee.
The following House bills were read the second time.

By Mr. Ballard-
A bill to repeal an Act to provide for the payment of insolvent Criminal Costs in Augusta Circuit.

By Mr. Edmondson of Brooks-
A bill to repeal an Act creating the City Court of Quitman.

By Mr. ClementsA bill to establish the City Court of Irwin County.

By Mr. Clements-
A bill to repeal the Act approved August 6th, 1909, to establish the City Court of Ocilla.

By Messrs. Wimberly, Miller and Fowler-
A bill to amend the Act authorizing the Commissioners of Roads and Revenues of Bibb County to contribute from the County Treasury to support the Macon Hospital.

By Messrs. Griffin and Jones-
A bill to amend the Act establis}Jing the City Court of Valdosta.

,

FRIDAY, AuausT 1, 1913.

521

By Mr. HoltzcJ.aw-
A bill to authorize the Methodist Episcopal Church, South, to sell certain real estate in Perry,. Georgia.

By Mr. Davidson--'-
A bill to amend the Act creating the Board of Commissioners of Roads and Revenues of Putnam County.

By Mr. McRea-
A bill to amend the Act creating the office of Commissioners of Roads and Revenues of Telfair County.

By Mr. Miller-
A bill to increase the salary of the judge of the City Court of Macon.

By Mr. Johnson-
A bill to create a Board of Commissioners of Roads and Revenues for Wheeler County.

By Mr. Henderson-
A bill to create the office of County Commissioners of Jones County.
On motion, the .Senate adjourned until Monday morning at 11 o'clock.

522

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
Monday, August 4, 1913.

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

Prayer was offered by the Chaplain.

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

Allen, John T. Brown, J'Ohn W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon. J. T. Huie, G. M.

Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

On motion the reading of the journal was dispensed with.

Mr. McNeil, Acting Chairman of the Rules Qommittee, submitted the following report:

Mr. President:
The Committee on Rules having had under consideration the state of business before the Senate beg leave to submit the following recommendation, and report, to-wit:

SATURDAY, AUGUST 2, 1913.

523

1. That beginning with today the Senate shall hold both morning and afternoon sessions and that the afternoon sessions shall be from 3 to 5 o'clock.

2. That the following general bills with local application be taken up and put on their passage immediately after the time for motions to reconsider, viz.: Senate Bills Nos. 89, 123, 169, 181, 184.

3. That all Senate and House Local Bills, City Court Bills and Bills changing terms of Superior Courts be taken up for passage.
4. That following the above the General Appropriatidn Bi11 be put on its passage.
RespectfuHy submitted,
W. D. McNEIL, Acting Chairman.

The following message was received from 1ilie House through Mr. Boifeuillet, the Clerk thereof:

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

A bill to amend an Act relative to killing squirrels in certain counties.

A bill to provide secret ballot in Augusta for members of council.

A bill to repeal an Act to incorporate the town of Lakeview.

524

JouRNAL OF THE SENATE,

A bill to incorporate the Camilla School District.

A bill to amend the Charter of the Town of Kirkwood.

A bill to abolish the County Court of Jeff Davis County.

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

.A bill to amend an Act to establish a City Court
in the Town of Pelham.

A bill to amend an Act establishing the City Court -of Dublin.

A bill to put into effect a Constitutional amendment in the City of Atlanta, abolishing Justice Courts.

A bill to abolish the Board of Roads and Bridge~ Commissioners for Appling County.

A bill to amend an Act to incorporate the City of Royston.

A bill to amend an Act providing a Oharter for the City of Athens.

A bill to amend an Act. creating a Board of Commissioners of Roads and Revenues for Terrell County.

A bill t,o repeal an Act creating the City Court of Pembroke.

MoNDAY, AuousT 4, 1913.

525

A bill to create a County Court of Bryant County.

A bill to amend Section 17 of the Charter of the City of Waycross.

A bill to amend an Act to establish a new Charter for the City of Waycross.

A bill to authorize working of streets of towns in Macon County by the county chaingang.

A bill to amend the Charter of the City of Hartwell.

A bill to repeal an Act creating Commissioners of Roads and Revenues for Washington County.

A bill to create a Board of Commissioners of Roads and Revenues for Washington County.

A bill to amend the charter of the T'own of East Ellijay.

A bill to incorporate the Town of Olive.

A bill to repeal an Act to create a County Court for the County of Jones.

A bill to amend an Act to establish the City Court of LaGrange.

A bill to create the office of Commissioner of Roads and Revenues for Heard County.

A bill to amend an Act to abolish the office of Commissioner of Roads and Revenues of Forsyth County.

526

JouRNAL OF THE SENATE,

A bill to repeal an Act providing for a County Board of Commissioners for Heard Oounrty.

A resolution to authorize the Governor to grant permission to the National Guard in Chatham County to volunteer services to the Sheriff duringthe automobile races in November.
The House has adopted the following resolution of the House, to-wit:

A resolution relative to ungranted lands in Chat-ham County.

'I'he House has passed by the requisite Constitutional majority the following bill of the Senate by substitute.
A bill to amend an Act to create a Board of Commissioners: of Roads and Revenues for Ware County.

The House has concurred in the Senate Amendment to the following Bill of the House:
A bill to incorporate the City of Comer.
Mr. Huie, Chairman of the Committee on Banks,. submitted the fo1lowing report.

Mt. President:
The committee on Banks has had under consideration the following Senate bill which I am instructed to report back to the Senate with recommendation_ that the same do pass, to-wit:

MoNDAY, AuGusT 4, 1913.

527

A bill to amend Section 1249 of Volume 1 of the Code.
Respectfully submitted, G. M. Hum, Chairman.

Mr. Allen, Vice Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President:
The committee on General Judiciary has had under consideration the following 8enate bill which I am instructed to report back to the Senate with recommendation that the author be allowed to withdraw :aame, to-wit:
A bill to rearrange the Albany and Southwestern .Judicial Circuits.
Respectfully submitted, JNo. T. ALLEN, Vice Chainnan.

Mr. Elkins, 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 recom- mendation that the same do pass, to-wit:
A bill to amend an act to establish the City Court .of Camilla.

528

JouRNAL OF THE SENATE,

A bill to report An Act to establish the City of Abbeville.
A bill to amend an Act to create the City Court of Houston.

The committee has also had under consideration the following Senate bill which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:

A bill to increase the number of terms of the Superior Court of Paulding County.
Respectfully submitted, 0. H. ELKINS, Chairman.

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

Mr. President:
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House the following bills of the Senate, to-wit:
A bill to provide for the inspection of all county jails, to provide for the indeterminate sentence in felony and misdemeanor cases and for other purposes.
A bill to amend Sections 2135 and 2136 of the Code of 1910, in reference to quarantine on shipments of certain articles from territory infested with Mexican boll weevil.

MoNDAY, AuausT 4, 1913.

529

A bill to amend the O'harter of the Town of Forest Park.

A bill to amend the Charter of the City of Blackshear.
. Respectfully submitted,
LE PoPE, Vice Chairman.

The foregoing report of the Rules Committee was read and adopted by the Senate.
The following Senate bills were read third time and put upon thei~ passage.

By Mr. Sweat-
Bill to amend an Act providing for a system of draining and reclaiming the wet swamp lands of this State, approved August 19, 1911, so as to provide a higher rate of interest.
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 is as follows.
Amend by inserting between the words ''bonds'' and "issue" in 5th line of first Section the following "Heretofore and hereafter" also amend by striking from the second line of the second Section the words, ''shall be'' and inserting in lieu thereof the following: "Heretofore and hereafter."

530

JouRNAL OF THE SENATE,

By Mr. Perry-

A bill to require taxes to be paid by all persons, ~companies, corporations and associations in the county in which they are by law required or directed to be returned in all cases where they are required to make returns to the Comptroller General.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 1; the bill having received the requisite Constitutional majority, was passed by substitute

By Mr. DuBose-
A bill to amend the Act esta'blishing the City Court of Lexington in Oglethorpe County.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 31, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Richardson-
A bill to amend the Act establishing the City Court of Oglethorpe.
Report of the committee was agreed to.
Upon the pas:sage of the hill the ayes were 34, nays 0; the bill having received the requisite Constitutional majority, was passed.

MoNDAY, AuGuST 4, 1913.

531

By Mr. DuBose-
A bill to change the time for holding the Superior Court of Oglethorpe 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 pas,sed.

By unanimous consent the following Senate bill was withdrawn by its author.
By Mr. Ford-
A bill to rearrange the Albany and Southwestern Judicial Circuits by taking Dougherty County from the Albany Circuit and placing it in the Southwestern Circuit.
The following House bills were read third time and put upon their passage.

By Mr. Clements-
A bill to esta'blish the City Court of Irwin County.
Report of the committee was agreed to.
Upon the pass-age of the bill the ayes were 31, nays 0; the bill having r~eived the requisite Constitutional majority, was passed.

By Messrs. Griffin and Jones-
A bill to amend the Act establishing the City Court of Valdosta.

532

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 requi~ite Constitutional majority, was passed.

By Mr. McRae-
A bill to amend the act to create the office of Commissioner of Roads and Revenues for Telfair 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 Constitutional majority, was passed.

By Mr. Miller-
A bill to increase the salary of the City Court of Macon in and for Bibb 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.

By Mr. Davidson-
A bill to amend an Act creating the Board of Com, niissioners of Roads and Revenues for Putnam County.
Report of the Committee was agreed to.
UpoiJ. the passage of the bill the ayes were 30, nays

MoNDAY, AuGUST 4, 1913. .

533

0; the bill having received the requisite Constitutional majority, was passed.

By Messrs. Wimberly, Miller and Fowler-
A bill to amend an Act authorizing the Commissioner of Roads and Revenues of Bibb County to con. tribute from the County Treasury funds for the support of the Macon Hospital.
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 pa_ssed.

By Mr. Ballard-
A bill to repeal an Act to provide for the payment of insolvent criminal costs in the Augusta Judicial Circuit.
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 Cqnstitutional majority, was passed.

By Mr. Clements-
A bill to repeal an Act approved August 6, 1909, to establish City Court of Ocilla in Irwin 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.

534

. JOURNAL OF THE SENATE,

By Mr. Holtzclaw-
A bill to authorize and empower the Trustees of the Methodist Episcopal Church South to sell certain real estate in Perry, Ga.
Report of the Committee was agreed to.
1Jpon 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 ~reate the office of County Commissioner of Jones County Hnd for other purposes.
Report of the Committe was agreed to.
Upon the passage of the bill the ayes were 30, nays 0; the bill having reeeived the requisite Constitutional majority was pasS'ed.

By Mr. Edmondson-
A bill to repeal an Act creating the City Court of Quitman.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 3'0, nays 0; the bill having received the requisite Constitutional majority, was pa.s:sed, as amended and the amendments are as follows :
House Bill No. 249. Amend by striking Section six and in lieu thereof substitute the following:
"Be it further enacted by the authority aforesaid,

Mo.NDAY, AuausT 4, 1913.

535

~rhat this Act shall not take effect until a majority ofthe duly qualified voters of Brooks County, as duly registered according to law, as Rhown by the registration list of said County, shall so affirmatively vote at an election to be called by the Ordinary of Brooks County to be held on the Fourth Wednesday October, 1913, said call to be advertised once a week for four weeks prior thereto, in like manner as sheriff -sales are advertised in said County. Said special election shall be held under like rules and regulations as are prescribed by law for holding elections for county officers, except that the returns ot the election shall be made to the Ordinary who shall determine the question as to whether a majority of the duly qualified registered voters of said county as shown by the registration list, have affirmatively voted in favor of this Act taking effect, and if he so finds he shall declare the result accordingly, and thereupon this Act shall become effective on the 31st day of December 1913; but if a majority of the said qualified voters do not so vote, then this Act shall not go into effect. Those desiring to vote in favor of this Act going into effect shall have written or printed upon their ballots the following words: "In favor of the Act to abolish the City Court", and those to the contrary shall have written or printed upon their ballots the following words : ''Against the Act to abolish the City Court."

Amend the above amendment by striking the word ''fourth'' in the 6th line af said amendment and inserting i.n lien thP.reof the word 5th, said line havillg

536

JouRNAL OF THE SENATE,

been so amended shall read as follows: Of Brooks County to be held on the 5th Wednesday in October.
Mr. Stark, Chairman of the Appropriation Committee, submits the following report.

Mr. President:
The Committee on Appropriations has had under consideration House Bill No. 389, known_ as the General Appropriation bill, to make appropriations for the expenses of the Executive, Legislative and Judicial Departments of the Government, and for other purposes, and I am directed to report the same with a recommendation that the same do pass, a~ amended.
W. W. STARK, Chairman.

The following House bill was recommitted to the Special Judiciary Committee.

By Messrs. Rhodes and LipscombA bill for the relief of S. J. Cartledge, authorizing
County Commissioners to pay claims.
The followiug special order was taken up.

By Mr. Wheatley-
A bill to make appropriation for the ordinary expenses of the Executive, Legislative and Judicial Departments of the State of Georgia.
On motion the Senate adjourned until 3 o'clock p.m.

MoNDAY, AuGusT 4, 1913.

537

The Senate met pursuant to adjournment at 3 o'clock p. m. and on motion the roll call was dispensed with.
Mr. McNeil, Chairman of the Committee on General Judiciary, submitted the following report

Mr. President:
The Committee on General Judiciary has had under consideration the following Senate Bill which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:
A bill to amend Paragraph 2571 of the Code of 1910, as to the number of directors required for navigation companies.

The committee has also had under consideration the foiiowing bill which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:
A bill to empower the Governor to declare positions of trustes or directors of State institutions -vacant under certain circumstances.

The Committee has also had under consideration the following Senate Bill which I am instructed to report back to the Senate with recommendations that ihe same do pass by substitute, to-wit:
A bill to amend Section 2166 of the code.
The committee bas also had under consideration the following Senate Bill which I am instructed to

538

JouRNAL OF THE SENATE,

report back to the Senate with recommendation that the same do not pass~, to-wit:
A bill relating to tobacco and cigarettes, prohibiting the sHle and giving away of tobacco, cigarettes and cigarette papers in Georgia, etc., and for other purposes.
Respectfully submitted, W. D. McNEIL, Chairman.

The following unfinished business was taken up~

By Mr. Wheatley-
A bill to make appropriation for the ordinary expenses of the Executive, Legi.slative and J udiciaT Departments of the State of Georgia.

Mr. Smith proposes to amend by striking out Paragraph 13 of Section 5, and on this amendment the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Bush, W. J. Dickey, R. L. Huie, G. M.

Longino, J. 'I'. McGregor, C. E. Perry, Grant D.

Pope, Le, Smith, E. L.

Those voting in the negative were Messrs.-

Allen, John T. Bulloch, R. 0. Burtz, A. H. Chennault, N. B.
Converse, w. L.
DuBose, R. T. Foster, A. H.

Harrell, G. Y. Hixon, J. T. Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kelly, 0. L.

McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Richardson, C. H. Searcy, W. E. H. Sr_

MoNDAY, AuausT 4, 1913.

Spinks, W. E. Stark, W. W. Sweat, J. L.

Tarver, M. C. Taylor, G. W. Turner, S. M.

Tyson, C. M. Watts, J. N.

'I1hose not voting were Messrs.-

Brown, John W. L. Ford, L. L.

Elkins, 0. H.

Kea, Fred,

Peyton, J. T. Rushin, M. E.

Ayes 8, nays 29. The amendment was lost.

Mr. Olliff proposed to amend the . committee amendment to Paragraph 17, Section 5, by striking out $2,371,500 and inserting in lieu thereof $2,500,000.00 on this amendment; the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Bush, vY. J.
Jones, VV. W. Johnson, J. F. Kea, Fred, Kelly, 0. L.

Longino, J. T. Olliff, W. M. Parrish, C. H. Perry, Grant D. Pope, Le,

Searcy, W. E. H. Sr. Smith, E. L. Tarver, M. C. Taylor, G. W. Watts, J. N.

Those voting in the negative were Messrs.-

Allen, John T.
Bulloch, R. n.
Burtz, A. H. Chennault, N. B. C-onverse, W. L. Dickey. R. L. DuBose, R. T.

Foster, A. H. Hi...on, J. T. Irwin, M. D. .Jones, S. E. McGregor, C. E. McNeil, W. D. Miller, B. S.

Moore, J. H. Riehardson, C. H. Spinks, W. E. Stark, W. W. Sweat, J. L. Turner, S. M. Tyson, C. M.

T1wse not voting were Messrs.-

Brown, John W. L. H:Jrrell, G. Y.

Elkius, 0. H.

1:fnie, G. M.

Fcrrl. L L.

Peytcn, J. T. Rushin, M. E.

540

JOURNAL OF THE SENATE,

Ayes 15, nays 21.
The amendment was lost.
The hour of adjournment having arrived the Senate adjourned until tomorrow morning at In o'clock.

TuESDAY, AuGUST 5, 1913.

541

SENATE CHAMBER, Athmta, Ga., Tuesday, August 5, 1913.
The Senate met pursuant to adjournment at 10 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.
On motion, the roll call was dispensed with.
On motion, the reading of the .Journal was dispensed with.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
Mr. President: The House has passed by the requisite constitu-
tional majority the following bills of the House, to-wit:
A bill to repeal an Act to establish the City Court of Jackson.
~
A bill to create a new charter for the town of Newbern.
A bill to establish the City Court of Hazlehu!st.
A bill to amend an Act to establish a new charter for the town of Decatur.
A bill to amend Section 951 of the Code of 1910 relative to the oceupation tax of foreign corporations.

542

JouRNAL OF THE SENATE,

A bill to amend an Act to establish the City Court of Sylvania.
A bill to amend Section 950 of the Code of HHO relative to occupation tax of domestic corporations.
A bill to amend Section 96 of the Code of Hll 0 relative to tax on the bottling of beverages.
A bill to establish a Park and Tree commission for the City of Waycross.
A bill to provide for holding four terms a year of Franklin Superior Court.
A bill to amend Section 1249 of the Code of 1910 so as to add the City of Boston to the list of State Depositories.
A billto abolish the City Court of Blakely.
A bill to amend an Act to establish the City Court of Lexington.
A bill to change the time of holding Oglethorpe Superior Court.
A bill to prqvide for holding four terms a year of the Appling Superior Court.
A bill to repeal an Act to establish the City Court of Baxley.
A hill to create a Board of Commissioners of Roads and Reven~es for Franklin County.
A bill to amend Section 1249 of the Code of 1910 so as to add the town of Cochran to the list of Stat~ Depositories.

TuESDAY, AuGUST 5, 1913.

543

A bill to establish a new charter for the town of Rossville.
A bill to create a Board of Commissioners of Roads and Revenues for Appling County.
The House has adopted the following joint resolution, to-wit:
A resolution inviting Ron. Harvey Jordan to arldress the General Assembly, Thursday, August 7th at 8:30 o'clock P. M.

The House has concurred in the Senate amendment to the following bill of the House, to-wit:
A bill to provide for an additional tax levy by the County Commissioners of Catoosa County.

The House has adopted the following resolution of the Senate, to-wit:
A resolution to authorize the Governor upon r~~ quest of the Sheriff of Chatham County to orde1 out such of the National Guard in said county as may volunteer for police duty during the automobile races.

The following message was received from tl1e House through Mr. Boifeuillet, the Clerk thereof:

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

544

JOURNAL OF THE SENATE,

A bill to provide for a system of equalization of assessments of property for taxation.
The following unfinished business was taken up, read the third time and put upon its passage:

By Mr. Wheatley-
A bill to appropriate money for the ordinary expenses of the Legislative, Executive and Judicial Departments for the State of Georgia and for other purposes.
On the amendment reducing the appropriation for Confederate Soldiers from $385,000 to $310,000.00 the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. Hixon, J. T. Huie, G. M.

Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kelly, 0. L. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Perry, Grant D.

Richardson, C. H. Rushin, M. E. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Turner, S. M. Tyson, C. M. Watts, J. N.

'Dhose voting in the negative were Messrs.-

HarreH, G. Y. Kea, Fred, Longino, J. T. Olliff, W. M.

Parrish, C. H. Peyton, J. T. Pope, Le,

Searcy, W. E. H. Sr. Tarver, M. C. Taylor, G. W.

'Tihose not voting were Messrs.-

DuBose, R. T. Elkins, 0. H.

Ford, L. L.

Foster, A. H.

TuESDAY, AuausT 5, 1913.

545

Ayes, 29 ; nays, 10.
Report of the Committee was agreed to as amended.
On the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were :Messrs.-

Allen, John T.

Irwin, ::\L D.

Brown, John W. L. ,Jones, S. E.

Bulloch, R. 0.

Jones, 1N. W.

Bush, W. J.

Johnson, J. F.

Chennault, N. B. Kelly, 0. L.

Converse, W. L. Longino, J. T.

Dickey, R. L.

McGregor, C. E.

DuBose, R. T.

McNeil, W. D.

Ford, L. L.

Miller, B. S.

HarreH, G. Y.

Moore, J. H.

Hixon, J. T.

Perry, Grant D.

Huie, G. M.

Pope, Le,

Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.

'llhose voting in the negative were Messrs.-

Kea, Fred,

Olliff, W. M.

Parrish, C. H.

rrfuose not voting were Messrs.-

Burtz, A. H. Elkins, 0. H.

Foster, A. H.

Peyton, J. T.

Ayes, 36; nays, 3.

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

House Bill No. 389 ; the Committee moves to amend as follows:

546

JouRNAL OF THE SENATE,

(1) Amend Section 4 by adding to the second Paragraph of said Section the following:

-And the further sum of $450.00 is hereby appropriated to the said School of the Deaf for the payment of the insuranee on said school property, which sum is nmv due.

(2) Amend the second Paragraph of Section 5 by striking from the third line of said paragraph the sum of $3:2,500.00 and inserting in lieu thereof the sum of $48,725.00.

(3) Amend the sixth Paragraph in Section 5 by striking from the third line of said Section the sum of $80,000.00 and inserting in lieu thereof the sum of $74,400.00.

(4) Amend the seventh Paragraph of Section 5 by striking from the fifth line of said section the sum of $52,500.00 and inserting in lieu thereof the sum of $48,725.00.

(5) Also amend Section 3 by striking out the words and inserting 4 relative to door keeper of House. Amend by adding the following to Section 36, provided however, that the funds herein appropriated shall he paid out or itemized statement made when vouchers are issued, showing the amount and for what purpose the monies were expended and this provision shall apply to traveling expenses, protCl'tion of live stock, cattle tick eradication a'nd the dP-velopment of the live stock industry, and such

TuESDAY, AuGusT 5, 1913.

547

itemized statement shaH be preserved in the office of Commissioner and shall be embodied in his annual report.
(6) Amend the ninth Paragraph of Section 5 by striking from the fourth line of said section the sum of $47,500.00 and inserting in lieu thereof the sum of $44,175.00.
(7) Amend the tenth Paragraph of Section 5 by striking from the third and fourth lines of said paragraph the sums of $100,000.00 and $40,000.00 and inserting in lieu aforesaid sum of $100,000.00 the sum of $93,000.00 and inserting in lieu of said sum of $40,000.00 the sum of $37,200.00. And further amend said paragraph ten of Section 5 by striking from the ninth line of said section the sum of $40, 000.00 and inserting in lieu thereof the sum of $37,200.00. And further amend said paragraph of said Section 5 by adding at the end of line 9 of said p!Hagraph the word ''department.''
(8) Amend the eleventh Paragraph of Section 5 by striking from the 4th line of said paragraph the sum of $25,000.00 and inserting in lieu thereof the sum $23,250.00.

(9) Amend the thir~eenth Paragraph of Section 5 by striking from the 4th line of said paragraph the sum of $30,000.00 and inserting in lieu thereof the sum of $27,900.00.
(10) Amend the seventeenth ParagTaph of Section 5 relating to Common Schools by striking fron,

548

JouRNAL OF THE SENATE,

the 4th line of said paragraph the sum of $2,550,000 and inserting in lieu thereof the sum of $2,371,500.00.

(11) Further amend the paragraph of Section 7 relating to the payment of pensions to ex-Confederate Soldiers and the widows of ex-Confederate Soldiers (married prior to January 1, 1870) by striking from the 6th and 7th lines of said paragraph of said section the sum of $385,000.00 and inserting in lieu thereof the sum of $310,100.00.

Mr. Watts, Chairman of the 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 recommendation that the same do pass, to-wit:
A resolution to create a Commission for the purpose of making disposition of the executive mansion and providing for the erection of an executive mansion and annex to the State Capitol.
Respectfully submitted,
J. N. WATTS, Chairman.

Mr. Olliff, Chairm~ of the Committee on Engrossing, submitted the following report:

Mr. President : 'f:1he Committee on Engrossing have examined and

TuESDAY, AuausT 5, 1913.

549

found properly engrossed and ready for transmission to the House, the following bills of the Senate,. to-wit:

A bill to amend Section 1079 of Vol. 1 of the Code of 1910.

A bill to change the time of holding the Superior Court in Oglethorpe County.

A bill to amend the Act to establish the City Court of Lexington.

A bill to amend the Act to establish the City Court of Oglethorpe.

A bill to amend an Act providing for a system of draining wet swamp and overflowed lands.
Respectfully submitted, W. M. OLLIFF, Chairman.

Mr. Peyton, Chairman of the Committee on Railroads, submitted the following report:

Mr. President:
The Committee on Railroads has had under con- sideration the following Senate bill which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:
A bill to amend Sections 2721 and 2722 of the Code of Georgia of 1910.
Respectfully submitted, J. T. PEYTON. Chairman.

550

JouRNAL OF THE SENATE,

~Ir. Peyton, Chairman of the Committee on Hailroads, submitted the following report:

Mr. President: The Committee on Railroads has had under con-
sideration the following Senate bill, which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:
A bill to amend Section 2798 of the Code.
Respectfully submitted,
J. T. PEYTON, Chairman.
Mr. Harrell, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mt-. President:
The Committee on Constitutional Amendments have 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 2 of Article 11 of the Constitution of this State, so as to authorize the abolition of the office of County Treasurer.
Respectfully submitted,
G. Y. HARRELL, Chairman.
The following House bills were read the first time:

TuESDAY, AuGUST 5, 1913.

551

By Mr. Lipscomb-
A bill to provide for a system of equalization of assessments of property for taxation in the State of Georgia.
Referr,ed to the Finance Committee.
The following Senate bills were read the first time:

By Mr. Sweat-
A bill to provide for the adoption of the Torrens Land Title System by the several counties of this State.
Referred to General Judiciary Committee.

By Mr. RichardsonA bill to amend the Act approved August 21, 1906,.
to incorporate the town of Marshalville. Referred to the Committee on Corporations.

By Mr. HuieA bill to amend Section 2584 of the Code of 1910. Referred to the Committee on Railroads.

By Mr. Kelly-
A bill to make all free rural delivery routes now established and those hereafter established by the Post Office Department in the various counties of Georgia public highways.

~52

JouRNAL OF THE SENATE,

Referred to Committee on Counties and County Matters.
The following House bill was recommitted to the Committee on Counties and County Matters:

By Mr. Johnson-
A bill to create a Board of Commissioners of Roads and Revenues for Wheeler County.
rrhe following House resolutions were read the :first time :

By Messrs. wheatley and Henderson-
A resolution inviting Hon. Harvie Jordan to address the General Assembly Thursday, August 7th.
This resolution was adopted.

By Mr. Myrick-
A resolution relative to the ungranted lands in Chatham County and approving Acts February 1st, 1788, December 21, 1829 and March 1st, 1856.
This resolution was laid on the table.

By }Ir. Myrick-
A resolution to authorize the Governor to call out volunteers on the request of the Sheriff of Chatham County for certain purposes.
This resolution was tabled.

TuESDAY, AuausT 5, 1913.

553

The following Senate bills were read the second time:

By Mr. Watts-
A bill to amend Section 2 of Article 11 of the Constitution so as to authorize the abolishment of County Treasurer.

By Mr. Searcy-
A bill to amend .Sections 2721 and 2722 of the Code of Georgia.

By Mr. DickeyA bill to amend Section 2798 of the Code.

By Mr. AndersonA bill to amend Section 2571 of the Code of 1910.

By Mr. RushinA bill to amend Section 1249 of the Code.

By Mr. Spinks-
A bill to increase the number of terms of the Superior Court of Paulding County.
The following Senate resolutions were read the second time :

By Mr. WattsA resolution to create a Commission for the pur-

554

JouRNAL oF THE SENATE,

pose of making disposition of the Executive ManSion.

By Mr. Irwin-
A resolution to appoint a Commission to revise the Civil and Criminal procedure of this State.
The fo1lowing House bills were read the second time:

By Messrs. Green and Holtzclaw-A bill to create the City Court of Houston County.

By Mr. McRea of Wilcox-
A bill to repeal an Act to establish the City Court of Abbevi1le in Wilcox County.

By Mr. SpencerA bill to amend the A'Ct to establish the City Court
Of Camilla in Mitchell County. The following House bills read the first time:

By Mr. Slater of Bryan and Aiken of GlynnA bill to amend Section 950 of Vol. one of the
Code of 1910. Referred to Committee on Finance.
By Mr. Farris of WalkerA bill to establish a new charter for the town of
Rossville in Walker County.

TuESDAY, AuousT 5, 1913.

555

Referred to Committee on Corporations.

By Messrs. Cooper and Crawley of WareA bill to establish a park and tree commission
for the City of Waycross.
Referred to Committee on Corporations.

By Mr. Moore of Jeff DavisA bill to establish the City Court of Hazlehurst
in Jeff Davis County. Referred to Special Judiciary Committee.

By Messrs. Blackburn, Smith and Cochran of Fulton and Field and Smith of DeKalb-
A bill to carry into effect the constitutional amendment to Paragraph 1, Section 7 of Article 6 of the Constitution and to create a Municipal Court in the City of Atlanta.
Referred to Special Judiciary Committee.

By Mr. Evans of Screven-
A bill to amend an Act to establish the City Court of Sylvania.
Referred to Special Judiciary Committee.

By Mr. Carter of Appling-
A bill to create a Board of Roads and Revenues for Appling County.

556

JouRNAL OF THE SENATE,

Referred to Committee on Counties and County Matters.

By Mr. Aiken of GlynnA bill to amend Section 96 of the Civil Code. Referred to Committee on Finance.

By Mr. D'orough of Franklin-
A bill to amend an Act to create the Board of Commissioners of Roads and Revenues for Franklin County.
Referred to Committee on Counties and County Matters.

By Mr. Cooper of WareA bill to amend an Act to amend Section 17 of
the charter of the City of Waycross.
Referred to Committee on Corporations.

By Messrs. Garlington and Olive of Richmond-
A bill to provide secret ballot for Augusta in elections for members of Council.
Referred to General Judiciary Committee.

By Mr. Henderson of Jones-
A bill to repeal an Act to create a County Court in each county in the State of Georgia except certain counties therein mentioned.
Referred to Special Judiciary Committee.

TuESDAY, AuousT 5, 1913.

557

:By Mr. Rhodes of Clarke-
A bill to amend the Act of 1872 providing a charter for the City of Athe~s in Clarke County.
Referred to Committee on Corporations.

:By Mr. Mills of Butts-
A bill to repeal an Act entitled an Act to establish the City Court of Jackson.
Referred to Committee on Corporations.

By Mr. Shipp of Pulaski-
A bill to amend Section 1249 of Vol. 1 of the Code -of Georgia.
Referred to Committee on Banks.

By Messrs Field and Smith of DeKalb-
A bill to amend an Act approved August 17, 1909, .creating a new charter for the town of Decatur.
Referred to Committee on Corporations.

By Mr. Whitaker of Heard;-
. A bill to repeal an Act approved October 6th, 18B5 .as amended August .22d, 1907, to provide for a County Board of Commissioners for Heard County.
Referred to Committee on Counties and. County Matters.

558

JOURNAL OF THE SENATE,

By Mr. Slater of BryanA bill to be entitled an A'Ct to repeal an Act creat
ing City of Pembroke. Referred to Special Judiciary Committee.

By Mr. Slater of Bryan-
A bill to create and establish the County Court of Bryan County.
Referred to Special .Judiciary Committee.

By Mr. Spence of Mitchell-
A bill to incorporate the Cami1la School District in the City of Camilla.
Referred to Committee on Education.

By Messrs. Cooper ancl Crawley of vVareA bill to provide for a new charter for the City
of Waycross. Referred to Committee on Corporations..

By Mr. Harrington of EmanuelA bill to incorporate the town of Olive in Emanuel'
County. Referred to Committee on Corporations.

By Messrs. Taylor and Harris of vVashington-
"T A bill to create a Board of Commissioners of
Roads and Revenues for ashington County.

rrl.CESDAY, AuGUST 5, 1913.

559

Referred to Committee on Counties and County Matters.

By Mr. Arnold of OglethorpeA bill to change the time of holding the Superior
Court of Oglethorpe County. Referred to Special Judiciary Committee.

By Mr. McClendon of EarlyA bill to abolish the City Court of Blakely in the
.County of Early. Referred to Special Judiciary Committee.

By Mr. McCurry of HartA bill to amend the charter of the City of Hartwell. Referred to Committee on Corporations.

By Messrs. Taylor and Harris of "\Vashington-
A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues of Washington Dounty.
Referred to Committee on Counties and County Matters.

By Mr. Aiken of Glynn-
A bill to amend Section 951 of the Civil Code of .1910.
Referred to Committee on Finance.

560

JovRNAL oF THE SENATE,

By Mr. Arnold of OglethorpeA bill to amend an Act to establish the City Court
of Lexington. Referred to Special Judiciary Committee.

By Messrs. Field and Smith of DeKalbA bill to repeal an Act entitled an Act to incor-
porate the town of Lake View in DeKalb County.
Referred to Committee on Corporations.

By Mr. Taylor of LaurensA bill to amend the City Court of Dublin. Referred to Special Judiciary Committee.

By Mr. Brookshear of Lumpkin-
A bill to amend the Act of 1912 as set forth on page 494 of the Acts of 1912 and which was approved August 19, 1912.
Referred to Committee on Counties and County Matters.

By Mr. Whitaker of Heard-
A bill to create a Board of Commissioners of Roads and Revenues for Heard County.
Referred to Committee on Counties and County Matters.

TUESDAY, AuGUST 5, 1913.

561

By Mr. Wisdom of Forsyth-
A bill to amend Section 3 of an Act entitled an Act to abolish the office of Commissioner of Roads and Revenues in Forsyth County.
Referred to Committee on Counties and County Matters.

By Mr. James of GilmerA bill to amend the charter of East Ellijay m
Gilmer County.
Referred to Committee on Corporations.

By Mr. Moon of Troupe-
A bill to amend an Act abolishing the City Court of LaGrange, approved December 19, 1899.
Referred to Special Judiciary Committee.

By Mr. DeVaughn of Macon-
A bill to authorize the working of streets of towns in Macon County by County chaingang.
Referred to Committee on Corporations.

By Mr. Carter of Appling-
A bill to abolish the Board of Road and Bridge Commissioners for Appling County.
Referred to Committee on Countie~ and County Matters.

562

JouRNAL OF THE SENATE,

By Mr. Spence of Mitchell-
A bill to amend an Act entitled an Act to establish a City Court in the town of Pelham in Mitchell County.
Referred to Special Judiciary Committee.

By Messrs. Taylor and Coleman of LaurensA bill to amend the charter of the City of Dublin
approved August 15th, 1910. Referred to Special Judiciary Committee.

By Mr. Loyd of Newton-
A bill to create a new charter for tbe town of Newborn.
Referred to Committee on Corporations.

By Mr. Hopkins of T'bomasA bill to amend Section 1249 of the Political Code
of 1910.
Referred to Committee on Banks.

By Messrs. Smith and Field of DeKalbA bill to amend the charter of the town of Kirk-
wood in DeKalb County. R.eferred to Committee on Corporations.

By Mr. Davis of Jeff Davis-
A bill to abolish the County Court of Jeff Davis County.

rruESDAY, AuGUST 5, 1913.

563

Referred to Special Judiciary Committee.

By Mr. Carter of ApplingA bill to provide for holding four terms a year of
the Superior Court of Appling County.
Referred to jpecial Judiciary Committee.

By Mr. Pickett of Terrell-
A bill to amend Act approved September 21, 1883, creating Board of Commissioners of Roads and Revenues for Terrell County.
Referred to Committee on Counties and County Matters.

By Mr. Dorough of Franklin-
A bill to provide for holding four terms a year of the Superior Court of Franklin County.
Referred to Special Judiciary Committee.

By Mr. Carter of Appling-
A bill to repeal an Act approved December 1st, 1897, entitled an Act to establish the City Court of Baxley, in Appling County.
Referred to Special Judiciary Committee.

By Mr. Dorough of Franklin-
A bill to amend an Act approved August 24th, 1905, entitled an Act to incorporate the City of

564

JouRNAL OF THE SENATE,

Royston in the Counties of Franklin, Hart and MadIson.
Referred to Committee on Corporations.
On motion, the Senate adjourned until this afternoon at 3 o'clock.
The Senate met pursuant to adjournment at 3 o'clock; was called to order by the President.
On motion, the roll call was dispensed with.
By unanimous consent, the following Senate bills were read the second time:

By Mr. McGregor-
A bill to empower the Governor to declare positions of trustees or directors of State institutions vacant under certain circumstances.

By Mr. Huie-
A bill to amend Section 2166 of the Code so as to extend the life of Railroad Charters.
The following Senate bills were read the third time and put upon their passage:

By Mr. Anderson-
A bill to regulate the employment of young children in certain kinds of labor in this State.
The substitute was lost.
Mr. Tarver moved to reconsider the action of the Senate in defeating the substitute and on this motion

TuESDAY, AuousT 5, 1913.

565

the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Converse, W. L. Dickey, R. L. Harrell, G. Y. Hixon, J. T. Huie, G. M.

.Johnson, J. F. Longino, J. T. McGregor, C. E. Parrish, C. H. Richardson, C. H.

Searcy, W. E. H. Sr. Sweat, J. L. Tarver, M. C. Tyson, C. M. Watts, J. N.

T.hose voting in the negative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush. W. J. Chennault, N. B. Irwin, l\L D.

Jones, S. E. Jones, W. W. Kelly, 0. L. Moore, J. H. Olliff, W. M. Perry, Grant D.

Pope, Le, Rushin, M. E. Spinks, W. E. Stark, W. W.
Taylor, G. W.
Turner, S. M.

Tlhose not voting were Messrs.-

Dl1Bose. R. T. Flkins, 0. H. :,.'ord, L. L.

Foster, A. H. Kea, Fred, McNeil, W. D.

Miller, B. S. Peyton, J. T. Smith, E. L.

Ayes, 15; nays, 19. The motion was lost. On motion the original bill was tabled.

By Mr. Stark-
A bill to amend Section 38 and 60 of the Civil Code of 1910, relative to closing registration books.
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 :

566

JouRNAL OF THE SENATE,

Those voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Burtz, A. H. Converse, W. L. Irwin, M. D. Jones, S. E.

Longino, J. T. McGreg-or, C. E.
McNeil, W. D.
Moore, J. H:
Olliff, W. M.

Spinks, W. E. Stark, W. W. Sweat, J. L. Taylor, G. W. Tyson, C. M.

'.Dhose voting in the negative were Messrs.-

Bush, W. J. Dickey. R. L.. Ford, L. L. Harrell, G. Y. Hixon, J. T. Huie, G. M. Jones, \V. W.

J obnson, J. F. Kea, Fred, Kelly, 0. L. Parrish, C. H. Perry, Grant D. Pope, Le,

Richardson, C. H. Rushin, M. E.
Searcy, W. E. H. :;::r.
Tarver, M. C. Turner, S. M. Watts, J. N.

'Illiose not voting were Messrs.-

Bulloch, R. 0. Chennault, N. B. DuBose, R. T.

Elkins, 0. H. Foster, A. H. Miller, B. S.

Peyton, J. T. Smith, E. L.

Ayes, 16; nays, 19.

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

Notice was given that at the proper time a motion would be made to reconsider the action of Senate in defeating the above bill.

WEDNESDAY, AUGUST 6, 1913.

567

SENATE CHAMBER, ATLANTA, GA.
Wednesday, August 6th, 1913.
The Senate met pursuant to adjournment at 10 o'clock, was called to order by the President.
Prayer was offered by the Chaplain.
On motion the roll call was dispensed with.
On motion the reading of the journal was dispensed with.
Mr. Stark moved to reconsider the action of the Senate in defeating the following bill of the Senate on yesterday.
By Mr. StarkA bill to amend Section 38 and 60 of the Civil Code
of 1910, relative to the time of closing the registration books.
The motion prevailed and the bill was reconsidered.
The following House bills were read second time and recommitted.
By Messr.s. Slater and AkinA bill to amend Section 950 of Volume 1, of the
Code of 1910.

JouRNAL oF THE SENATE,
By Mr. LipscombA bill to provide for a system of equalization of
assessments of property for taxation.

By Mr. Akin-
A bill to amend Section 951 of the Civil Code of 1910.

By Mr. Akin-

...

A bill to amend Section 96 of the Civil Code of

1910.

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

Mr. President:
The Committee on Banks has had under consideration the following House bills which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:
'
A bill to amend Section 1249 of the Policital CodP. of 1910..
A bill to amend Section 1249 of Volume 1, of the Code of Georgia.
Respectfully submitted,
G. M. HmE, Chairman.
Mr. Burtz, Chairman of the Committee on Corporations, submitted the following report:

WEDNESDAY, AuousT 6, 1913.

569

J.lfr. President:
The Committee on Corporations have 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 amen~ed, to-wit:
A bill to amend an Act to provide a new Oharter for the city of Waycross.
A bill to create a new Charter for the town of McCaysville.

The Committee have 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 City of Waycross.
A bill to establish a Park and Tree Commission for the City of Waycross.

The Committee have had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that same do not pass, to-wit:
A bill to create a new Charter for the town of Rossville in the County of Walker.
Respectfully submitted, A. H. BuRTZ, Chairman.
Mr. Moore, Vice Chairman of the Committee on Counties and County Matters, submitted the following report:

570

JOURNAL OF THE SENATE,

Mr. President:
The Committee on Counties and County Matters has had under consideration the following House bill which it instructs me to report back with the recommendation that it do pass, to-wit:
A.bill to repeal Act creating Board of Commissioners for Coffee County.

The Committee has also had under consideratior. the following House bill, which it instructs me tr report back with the recommendation that it do pass as amended, to-wit:
A bill to create a Board of Commissioners for Coffee County.
Respectfully submitted, JOHN H. ~fooRE, Vice Chairman.

Mr. Peyton, Chairman of the Committee on Railroads, submitted the following report:

Mr. President:
The Committee on Railroads has had under con~ sideration the following House bill which I am instructed to report back to the Senate with recommendation that the same do paS's, to-wit:
A bill to require all persons, corporations, operating Railroads in State of Georgia to create sign hoards at certain points along right of way, etc.
Respectfully submitted,
J. T. PEYTON, Chairman._

WEDNESDAY, AuausT 6, 1913.

571

Mr. Tarver, Vice Chail'lman 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 hack to the Senate with recommendation that the same do pass, to-wit:
A bill to carry into effect the Constitutional amendment to Paragraph 1, Section 7, of Article 6 of the Constitution.
A bill to amend Section 12 of an Act creating the City Court of Springfield.
The Committee has had under consideration also the following House Bill which I am instructed to report back to the Senate with recommendation that the same do not pass, to-wit:
A bill to repeal an Act approved December 1st, 1897, entitled a~ Act to establish the City Court of Baxley, in Appling County.
A bill to provide for holding four terms a year of the Superior Court of Appling County.
Respectfully submitted, M. C. TARVER, Vice Chairman.

Mr. DuBose, Chairman of the Committee on Insurance, submitted the following report:

Mr. President: Your Committee on Insurance have had before it

572

JouRNAL oF THE SENATE,

the following bills and instruct me to report that Senate Bill No. 38, requiring the holders of life insurance policies to return the cash surrender value of their policies for taxation, be returned to theSenate without action as it is a revenue measure.

I am instructed to report Senate Bill No. 99, to, repeal Section 31 of the General Insurance law with the recommendation that it do pass.

We have also had under consideration Senate Bili No. 176, amending the laws of the State regulating the business of Fire, Marine and Inland Insurance Companies. I am instructed to report that this bm do not pass.
Respectfully submitted,
TooMBS DuBosE, Chairman.

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

Mr. President:
The Committee on Corporations have had under consideration the following House Bills which I am instructed to report back to the Senate with the recommendation that the srume do pass, to-wit:
A bill to amend the Charter of the City of Hartwell.
A bill to authorize County Chaingang of Macorr County to work streets of the towns in said County_
A bill to incorporate the Town of Aline.

WEDNESDAY, AuGUST 6, 1913.

573

A bill to amend the Charter of the town of Kirkwood.
A bill to amend the Charter of Town of Decatur.
A bill to create a new Charter for the Town of Newborn.
A bill to repeal an Act to incorporate the Town of Lakeview.
A bill to amend the Charter of the City of Athens.
A bill to amend the Charter of City of Royston.
A bill to amend the Charter of the City of Moul.:. trie.
A bill to create a new Charter for the City of Hawkinsville.
A bill to amend the Charter of Town of Pineview.
A "bill to amend the Charter of Town of East Lake.
A bill to amend an Act to incorporate the City of Lavonia.
A bill to create a new Charter for the Town of Cochran.
The Committee has had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to amend an Act to incorporate the Town of Marshallville.
Respectfully submitted, A. H. BuRTz, Chairman.

574

JouRNAL OF THE SENATE,

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

Mr. President:
T11e House has passed by the requisite constitutional majority, the following bills of the House, to-wit:
A bill to prevent the pollution of the waters of tho Ocmulgee River.
A bill to create a new Charter for the town of Harlem.
A bill to create the City Court of Gray.
A bill to amend the Acts incorporating the City of :Jfarietta.
A bill to incorporate the City of Robertstown.
A bill to incorporate the town of Helen.
A bill to repeal all laws and amendments. to laws incorporating the City of Manchester.
A bill to amend an Act creating the City Court of Athens.

The House has concurred in the Senate amendment to the following bill of the House, to-wit:
A hill to provide Board of Commissioners for the County of Elbert.

The following House hills were read third time and prit upon their :passage.

vVEDNESDAY, AuGUST 6, 1913.

575

By Mr. SpenceA bill to amend an Act to establish the City Court
of Camilla in and for Mitchell 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 Constitutional majority was passed.

By Messrs. Green and Holtzclaw-
A bill to amend the Act creating the City Court of Houston County.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. McRae-
A bill to repeal ali Act to establish the City Court of Abbeville in wilcox 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 pas:sed.
The following House bills were taken up with adverse report from the committee and the report was. agreed to and bills were lost:

576

JouRNAL oF THE SENATE,

By Mr. Carter -
A bill to provide for holding four terms each year in Appling County.

By Mr. CarterA bill to repeal an Act approved December 1~I,
1897, establishing the City Court of Baxley. The following Senate bill was read first time:

By Mr. MillerA bill to be entitled an Act to fix the prima facie
right to the custody of children of tender age. Referred to General Judiciary Committee. The following Senate bills were read second time:

By Mr. McNeil-
A bill to repeal Section 31 of the General Insurance Act known as House Bill No. 752.

By Mr. Richardson-
A. bill to amend an Act of August 21, 1906, to incorporate the town of Marshalville in Macon County.

By Mr. MeNeil-
A bill to require all persons or Corporations operating Railroads to erect sign boards on right of ways.
The following House bills were read first time:

WEDNESDAY, AuGUST 6, 19liL

n77

By Mr. JacksonA bill to incorporate the town of Helen. Referred to Committee on Corporations.

By Mr. Ballard-
A bill to create and establish a new Charter for the Town of Helena.

By Mr. JacksonA bill to incorporate the City of Robertstown. Referred to Committee on Corporations.

By Mr. HendersonA bill to create the City Court of Gray for the
County of Jones.
Referred to Special Judiciary Committee.

By ~fr. Smith-
A bill to repeal all laws and amendments to laws incorporating the City of Manchester, to incorporate the City under the name of College Park.
Referred to Committee on Corporations.

By Messrs Wimberly, Fowler and Miller-
A bill to prevent the pollution of the water of the Ocmulgee River.
Referred to Committee on Counties and County Matters.

578

JouRNAL oF THE SENATE,

By Mr. LipscombA bill to amend an Act creating the City Court of
Athens. Referred to Special Judiciary Committee.

By Mr. Cheney-
A bill to amend the Acts incorp.orating the City -of Marietta, so as to provide that no franchises shall be granted except they be ratified by a vote of the people.
Referred to Committee on Corporations.
The following House resolution wEts read second time and adopted.

By Mr. Myrick-
A resolution relative to the ungranted lands in Chatham County and approving Acts of February 1st, 1788, December 21, 1829 and March 1, 1856.
The following Senate resolution was read second time and adopted :

By Mr. Irwin-
A resolution appointing a commission to consider the revision of the criminal and civil procedure in this State.

The following House bills were read second time~. By Messrs. Blackburn, Smith and Cochran-
A hill to carry into effect the Constitutional

wEDNESDAY, AuausT 6, 1913.

579

amendment to Paragraph 1, Section 7 of Article G, of the Constitution so as to create a municipal Court for the City of Atlanta.

By Mr. Loyd-
A bill to create a new Charter for the Town of Newborn.

By Mr. Smith--
A bill to create a new Charter for the Town of McCaysville in Fannin Co~nty.

By Messrs. Field and Smith-
A bill to amend an Act approved August 17th, 1909, creating and establishing a new Charter of the Town of Decatur.

By Mr. Moon-
A bill to establish the City Court of Hazlehurst in Jeff Davis County. This bill was recommitted.

By Messrs. Cooper and Crawley-
A bill to establish a Park .and Tree Commission for the City of Waycross.

By Mr. Shipp-
A bill to amend the Act creating a new Charter for the City of Hawkinsville and for other purposes.

580

JouRNAL OF THE SENATE,

By Mr. McRae-
A bill to amend the Act approved on December 10, 1902, incorporating the town of Pineview.

By Mr. Rhodes-
A bill to Amend the Act of 1872 providing for the Charter of the City of Athens and for other purposes.

By Mr. DeVaughn-
A bill to authorize work_ing of streets of towns in Macon County by County Chaingang.

By Mr. Shipp-
A bill to provide and create a new Charter for the Town of Cochran.

By Mr. HopkinsA bill to amend Section 1249 of the political Code
of 1910.
By Mr. ShippA bill to amend Sec~ion 1249 of Volume 1 of the-
Code.
By Mr. DoroughA. bill to amend an Act to incorporate the City
of Royston.

\rEDNESDAY, ..:\UGUST 6, 1913.

581

By Messrs. Field and Smith-
A bill to amend the Charter of the town of Kirkwood.

By Mr. McCurry-
A bill to amend the Charter of the City of Hartwell.

By Messrs. Cooper and Crawley-
A bill to amend an Act to provide and establish a new Charter for the City of Waycross.

By Mr. CarltonA bill to amend an Act to create a new Charter
for the City of Moultrie.
By Messrs. Field and SmithA bill to amend the Charter of the Town of East
Lake.
Ly Mr. DoroughA bill to amend the Act to incorporate the City o
Lavonia.

By Mr. Herrington of EmanuelA bill to incorporate the Town of Aline.

By Mr. Cooper-
A bill to amend an Act to amend Section 17 of the Charter of City of Waycross.

582

JouRNAL oF THE SENATE,

By Mr. Moore-
A bill to abolish the County Court of J e:ff Davis County. This bill was recommitted.

By Mr. Reiser of Effingham-
A bill to amend Section 12 of an Act creating the City Court of Springfield in Effingham County.

By Messrs. Field and Smith-
A bill to repeal an Act entitled ''An Act to incorporate the Town of Lakeview."
The following resolution was unanimously adopted

By Mr. Miller of 24th-
WHEREAs, It has come to the knowledge of this Senate that the wife, son and daughter of our distinguished President is at present in the gallery of the Senate ; and
WHEREAs, It is the wish and desire, of the Senate, that our distinguished visitors be extended a more cordial welcome.
Be it therefore Resolved, That the wife, son and daughter of our distinguished President be, and they are hereby, extended a cordial welcome, and that they be, and are hereby, extended the privilege Of the floor of the Senate.

Mr. Tarver, Chairman of the Penitentiary Committee, submitted the follo\Virtg report:

-WEDNESDAY, AuausT 6, 1913.

583:

Mr. President:
The Committee on Penitentiary has inspected the Prison Farm at Milledgeville and beg leave to submit the following report:
The condition of the crops on the farm is very good, considering the poor character of the land. The corn crop of 1,000 acres is remarkably good. The Prison Commissioners expect to make about 15,000 bushels of corn and 400 bales of cotton this year. Considering the fact that they work almost - entirely the crippled and diseased, we consider this showing remarkably good.
We found the main dormitory for white males a -model prison building and properly kept. The prisoners are well treated. This building was originally constructed with the vie1V of adding a secon9, ell later to house the negro males in the same manner as the whites, which would result in a considerable saving in the employment of guards. We believe the time has arrived for this work to be done. We found the negro males sleeping in an old barn some distance from the main dormitory. In this insanitary place the cots for prisoners are placed touching each other, and although jammed together in this way 123 prisoners sleep on 106 cots. We recommend the expenditure of the amount needed for the building of the negro ell to the main dormitory, $7,000.00.
We found the tubercular hospital and woman!'! building properly maintained and in good condition

'584

JouRNAL OF THE SENATE,

.except as' hereinafter stated. Plumbing for these buildings is badly needed, and we recommend the installation of the same, the estimated cost being
~100.00.

In the women's building we found a sixteen-year-

-old white girl who had been sentenced to the refor-

matory confined. She was in the same room with

two or three murderesses and other women crimi:..

nals. We cannot see any likelihood of reformation in

such a place, and since there is no place for girls in

the present reformatory and the judges of the State

are daily experiencing the need of a reformatory for

girls in dealing with girl criminals, we recommend

the establishment of such an institution. We do not

i:liink it should be established at Milledgeville, but

should be as separate as possible, from the Prison

Farm.

1

We found the reformatory for white boys in good :eondition and doing a great work. The little inmates sang and recited for us and many of them appeared to be unusually bright boys who simply needed a chance in life. The work done by them in their workshop particularly impressed us, and we recommend that the inmates of the negro boys reformatory be provided with a workshop where they can be taught proficiency in some of the forms of skilled and unskilled labor.

We found two insane pers.ons confined at the St_ate Farm. One violently insane, under our law they cannot be removed to the State Sanitarium and th_ere are no reasons of caring for them at the

WEDNESDAY, AuGUST 6, 1913.

585

farm. We recommend provision being made for thecriminal insane by appropriate legislation.
We found that the sewage from the main dormi- / tory empties into a cess-pool two or thre hundred yards from the building and is thrown out from the cess-pool over the adjoining lands from which it drains into the stream which supplies the City oi Milledgeville with water. It is as well extremely unhealthful for the inmates of the Prison Farm. We recommend the building of an adequate sewage dispo~al plant, which we estimate to cost, labor being s1pplied by the farm, approximately $2,000.00.
Until recent years the proceeds of the Farm were used for betterments, but the law now requires tlmt they be paid into the State Treasury. We recommend that the proceeds of the Farm or enough to make the necessary improvements be allowed the prison commission for one year as formerly.
Respectfully submitted, M. C. TARVER, Chairman.

The followin~ communication was received from His Excellency the Governor, through his Secretary,. Mr. Perry:

Mr. President:
I am directed by his Excellency the Governor to-
deliver to your honorable body a sealed communication to which he respectfully invites your consideration in Executive Session.
On request of the W. & A. R. R. Committee,.

586

JouRNAL OF THE SENATE,

Senator Le Pope was added to that Committee by the President.
The following Senate bills and resolutions were read third time and put upon their passage:

By Mr. Sweat-
A resolution to provide for the appointment of a Commission to investigate and report upon the extension of the W. & A. R. R.
On the passage of the resolution the ayes were 18, nays 23; the resolution was lost.
Mr. Harrell moved that the Senate adjourn until tomorrow morning at 10 o'clock, on this motion the ayes and nays were ordered and the vote is as fol1ows:

'fhose voting in the affirmative were Messrs.-

Bulloch, R. 0. Bush. W. J. Chennault, N. B. Converse, W. L. Dieke.v. R. L. Dt,Ro"f~. R. 1'. Ford. L. L. Harrell, G. Y.

J\fc>Gregor, C. E. Miller. B. S. l\foore, .T. H. Olliff. W. M. Parrish, C. H. Perrv, Grant D. Rich~rdson, C. H.

Rushin, M. E. Rmith, E. L. Tarver, M. C. Taylor, G. W. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

~hose voting in the negativr ,-ere Messrs;-

Allen, John T. Brown, John W. L. Burtz, A.. H. Hixon, J. T. Hnie, G. M. Irwin, M. D.
,..Jones, S. E.

Jones, ,V. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McNeil, W. D. Peyton, .J. T.

Pope, Le, Searcy, W. E. H. Sr. Spinks, W. E. Stark, W. W. Sweat, J. L. Turner, S. M.

WEDNESDAY, AuGusT 6, 1913.

887

Tlhose not voting were Messrs.-

Elkins, 0. H.

Foster, A. H.

Ayes 21, nays 20.

The motion was lost.

Mr. Howell moved that the Senate do now ad~ journ. On this motion the ayes and nays were ordered and the vote is as follows :

Thos-e voting in the affirmative were Messrs.-

Brown, John W. L. Bulloch, R. 0. Chennault, N. B. Converse, W. L. Ford, L: L.

Harrell, G. Y. Irwin, M. D. Kelly, 0. L. McGregor, C. E. Miller, B. S.

Richardson, C. H .. Rushin, M. E. Turner, S. M. Tyson, C. M.

'IIhose voting in the negative were Messrs.-

Allen, John T. Burtz, A. H. Bush, W. J. Dickey, R. L. DuBose, R. T. Hixon, J. T. Huie, G. M. Jones, S. E. Jones, W. W.

Johnson, J. F. Kea, Fred, Longino, J. T. McNeil. W. D. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Watts, J. N.

Tlhose not voting were Messrs.-

Elkins, 0. H.

Foster, A. H.

Ayes 14; nays 27.

The motion was lost.

Mr. Converse, Chairman of the Committee on: Military Affairs, .submitted the following report:

588

JouRNAL OF THE SENATE,

Mr. President:
The Committee on Military affairs have had under consideration the following Senate bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to repeal an Act approved August 16th, 1912, relative to the duty of Governor in calling out the Militia.
T'he Committee have had under consideration the following Senate bll which I am instructed to report back to the Senate with the recommendation that the same do pass, by substitute, to-wit:
A bill to regulate the manner in which the State
Militia may be called out. Respectfully submitted, W. L. CoNVERSE, Chairman.

At 1:45 the Senate went into executive session.
Mr. T-arver moved that the Senate adjourn until tomorrow morning at 9:30 o'clock.
The hour of adjournment having arrived the 'Senate adjourned until 3 o'clock this afternoon.

The Senate met pursuant to adjournment at 3 <>'clock p. m., and was called to order by the President.
On motion the roll call was dispensed with.

WEDNESDAY, AuausT 6, 1913.

589

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

By Mr. Stark-
A bill to provide permanent registr~tion for voters who have once qualified and who have been legally registered.
Report of the committee was agreed to.
Upon. the passage of the bill the ayes were 30, nays 2; the bill having received the requisite Constitutional majority, was passed as amended and the amendments are as follows :
Amend section one by adding at the end thereof the following proviso:
''Provided that in case said registered voter removes from said County the Board of Registrars or the clerk of the superior court thereof shall from the completed list of registered voters on file in his offi.ce as provided by Section 58 of the code of Georgia, 1910, issue and deliver to said registered voter a certificate of registration which certificate when presented to the tax collector or registrars of the .county into which said registered voter has removed shall entitle him to like registration therein on his first taking the oath now required of all voters before they can register with the tax collectors of this State."
Amend by striking from lines six and seven of section one the following words 'entitled to permanent registration and be'' and substituting in lieu

590

JouRNAL oF THE SENATE,.

thereof the following words ''permanently registered and.''
Provided further that no voter shall be entitled to permanent registration unless he registered under the provisions of subsections one or two, paragraph four of Section 36 of the Code of 1910.
Add following proviso to Committee amendment:
Provided further no such certificate of registration shall be issued as herein provided, in the judgment of said clerk or registrator:s the said voter is excluded from the right to vote under the provisions of the Constitution of this State in regard to qualification of electors.
The following joint resolution was read third time and put upon its passage.

By Mr. Watts-
A resolution to create a Commission to dispose of the Executive Mansion and for other purposes.
Report of the committee was agreed to.
Upon the passage of the resolution the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Allen, John T. Bulloch, R. 0. Burtz, A. H. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T.

Ford, L. L. Huie, G. M. Irwin, M. D. Miller, B. S. Richardson, C. H. Spinks, W. E.

Stark, W. W. Sweat, J. L. Tarver, M. C. Turner, S. M. Tyson, C. M. Watts, J. N.
._[.

WEDNESDAY, AuausT 6, 1913.

591

Tlhose voting in the negative were Messrs.-

Bush, W. J. HarreH, G. Y. Hixon, J. T. Jones, 8. E. Jones, W. W. Johnson, J. }'. Kea, Fred,

Kell~. 0. L. Longino, J. T. 1\f!'Oreg-or, C. E. MrNPil. W. D. l\foore. 'J. H. Olliff. W. M. Parrish, C. H.

Perry, Grant D. Peyton, J. '1'.
Pope, Le, Rushin, M. 1~. Searcy, W. E. H. Sr. Smith, E. L. Taylor, G. W.

'Tihose not voting- wf'rE' MrRRrs.--

Brown, John W. L. Flkin~. 0. H.

Foster, A. H.

Ayes 19, nays 21.

T'he resolution was lost.

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

By Mr. Watts-
A bill to amend Section 2 of Article 11 of the Constitution of this State so as to authorize the qualified voters in each of the several counties of this State to abolish the office of County Treasurer.
Report of the committee was agreed to.
Upon the passage of the bil1 the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, John T.

DuBose, R. T.

Bulloch, R. 0.
Burtz, A. H.

Ford, L. L. Harrell, G. Y.

Bush, W. J.

Hixon, J. T.

Chennault, N. B. Huie, G. M.

Conve:r:se, W. L. -, Irwin, M. D.

Dickey, R. L. Jones, S. E.

~

Jones, W. W. Johnson, J. F.
Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D.

592

JOURNAL OF THE SENATE,

Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Pope, Le,

Richardson, C. H. Sweat, J. L.

Rushin, M. E.

Tarver, M. C.

Searcy, W. E. H. Sr. Taylor, G. W.

Smith, E. L.

Turner, S. M.

Spinks, W. E.

Tyson, C. M.

Stark, W. W.

Watts, J. N.

Those not voting were Messrs.-

Brown, John W. L. Foster, A. H. Elkins, 0. H.

Peyton, J. T.

Ayes 39, nays 0.

Tlhe bill having received the requisite Constitutional majority, was passed and the bill is as follows:

An Act to amend Section 2 of Article 11 of the Constitution of this State so as' to authorize the qualified voters in each of the several counties in this State to abolish the office of county treasurer.

Section 1. Ee it enacted by the General Assembly of the State of Georgia that Section 2 of Article 11 of the Constitution of this State be amended by adding at the end of said Section the following: ''Theoffice of county treasurer may be abolished in each of the several counties in this State by the qualified voters thereof at an election to be held at such time, in such manner and upon such conditions as the General Assembly may prescribe. If a majority of the qualified voters voting in. any such election in any county of this State shall vote to abolish t4e office of county treasurer, immediately upon the declaration of the result of the election as may be provided by law, the said office shall be abolished and the incumb-

WEDNESDAY, AuousT 6, 1913.

593

ent thereof shall deliver to such person or agency as is designated by law as his successor, all money and property of the county in his hands. The General Assembly shall at its next session after the ratification of this amendment, provide for carrying the provisions thereof into effect.

Section 2. Be it further enacted, that whenever the above propoS'ed amendment to the Constitution shall be agreed to by two thirds of the members elected to each of the two Houses of the General Assembly and the same has been entered on the journals, with the yeas and nays taken thereon, the Governor shall, and he is hereby authorized and instructed t'O cause said amendment to be published i~ at least tyvo newspapers in each Congressional district in this State for at least two months next preceding theJime for holding the next general election.

Section 3. Be it further enacted that the above pr6posed 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 for 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 ratification of the amendment to Section 2 of Article 11 of the Constitution of this State so as to authorize the qualified voters in each

594

JouRNAL OF THE SENATE,

of the several counties in this State to abolish the office of county treasurer''; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words ''Against the ratification of the amendment to Section 2 of Article 11 of the Constitution of this State so as to authorize the qualified y;oters in each of the several counties' of this State to abolish the office of county treasurer''; and if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for said amendment then said amendment shall become a part of the Constitution of this State.

Section 4. Be it further enacted that the Governor be, and he is hereby, authorized and directed to provide for the submission of the amendment proposed in the first Section of this Section of this Act to a vote of the people as required by the Constitution of this State in Paragraph 1 of Section -,of Article 13 and by this Act. and if ratified the Governor shall when he ascertains such ratification from Secretary of State to whom the returns shall be referred in the manner a.s in cases of election of members of the General Assembly, to count and ascertain the result, issue his Proclamation and cause the same to be inserted one time in one of the daily papers of this State annoul!cing such result and declaring such amendment ratified.

Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

WEDNESDAY, AUGUST 6, 1913.

595

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

By Mr. Tyson-
A bill to amend Section 1037, Paragraph 4 of the Penal Code, relative to competency of hushand and wife as witnesses.
The previous question was called.
The hour of adjournment having arrived the Senate adjourned until tomorrow morning at 10 o'clock.

596

JouRNAL OF THE SENATE,

SENATE CHAMBER, Atlanta, Ga., Thursday August 7, 1913.

The Senate met pursuant to adjournment at 10 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.
On motion, the roll call was dispensed with.
Notice was given that at the proper time a motion would be made to reconsider the resolution appointing a Commission to dispose of the Executive Manswn.
Notice was also given that at the proper time a 'motion would be made to reconsider Senate bill No. 10.
The Journal of yesterday was read and approved.
Mr. Stark moved to reconsider the action of the Senate in defeating the following resolution of the Senate on yesterday:

By Mr. Watts-
A resolution to create a Commission for the purpose of making disposition of the Executive Mansion and for other purposes.
On the motion to reconsider the ayes and nays were ordered and the vote is as follows:
Those voting in the affirmative were Messrs.-

Allen, John T.

Brown, John W. L.. Bulloch, R. 0.

THuRSDAY, AuousT 7, 1913.

597

Burtz, A. I. Chennault, N. B. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Foster, A. H.

Huie, G. M. Irwin, M. D. Miller, B. S. Perry, Grant D. Smith, E. L. Spinks, W. E.

Stark, W. W. Sweat, J. L. Tarver, M. C. Turner, S. M. Tyson, C. M. Watts, J. N.

Those voting in the negative were Messrs.-

Bush, W. J. bonverse, W. L. Harrell, G. Y. Hixon, J. T. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred,

Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Moore, J. H. Olliff, W. M. Parrish, C. H.

Peyton, J. T. Pope, Le, Richards<>n, C. H. Rushin, M. E.
~earcy, w'. E. H. Sr.
Taylor, G. W.
MR. PRESIDENT.

'Tihose not voting were Mr~~>rs.
Ford, L. L.
Ayes, 21; nays, 21. The motion was lost.

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 Senate:
A bill to prescribe the amount of costs in cases~in volving $100.00 or less in the City Court of Dublin.
A bill to amend an Act to incorporate the City of Lavonia.
The House has concurred in the Senate amendment No. 3, and has disagreed to Senate amend-

598

JouRNAL oF THE SENATE,

ments No. 1 and No. 2 of the following bill of the House, to-wit:
A bill to rearrange the Middle and Augusta J udicial Circuit.

The House has disagreed to the Senate amendments to the following bill of the House, to-wit:
A bill to repeal an Act creating the City Court of Quitman.

The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
A bill to create a new charter for the City of Talbotton.
A bill to amend the charter of the City of Springfield.
A bill to amend the charter of the town of Meigs.
A bill to amend an Act to incorporate the town of Scotland.
A bill to provide four terms of Madison Superior Court.
A bill to amend an Act creating a new charter for the City of Cordele.
A bill tQ a.mend an Act amending the charter of the City of Cordele.
Mr. Sweat moved to reeonsider the action of the

THURSDAY, AuousT 7, 1913.

599

Senate in defeating the following resolution of the Senate on yesterday:

By Mr. Sweat-
A resolution to provide for the appointment of a Commission to investigate and report upon the extension of the W. & A. R. R.

The motion prevailed and on motion, the resolution was recommitted to the W. & A. R. R. Committee.

Mr. Tarver, Vice-Chairman of the Special Judiciary Committee, submitted the following report:

Mr. President:
The Special Judiciary Committee have 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 creating the City Court of Athens.
A oill to amend an Act to establish a City Court in the town of Pelham.
A bill to amend an Act to establish the City Court of LaGrange.
A bill to amend an Act to establish the City Court of Dublin.
A bill to provide for holding primary elections for Mayor and Aldermen of Savannah.

600

JouRNAL oF THE SENATE,

A bill to amend an Act to establish the City Court of Sylvania.
A bill to abolish the City Court of Pulaski. A bill to amend the charter of the City of Dublin.

A hill to change the time of holding the Superior Court of Oglethorpe County.
A bill to establish the City Court of Hazlehurst. A bill to create t~e City Court of Gray.
A bill to abolish the County Court of Jeff Davis County.
A bill to repeal an Act creating the City Court of Pembroke.
A bill to provide for holding. four terms a year of Franklin County Superior Court.

A bill to change the tinie of hplding the Superior

Court for Hart County.

;,

A bill to amend an Act to establish the City Court

of Madison.
;j

A bill to repeal an Act to establish the City Court

of Flovilla.

~~

A bill to amend an Act to esutlish the City Court

of Lexington.



The Committee have had under consideration the

following Senate resolution, which I am instructed

to report tion that

back to the the same do

Speanssa,tebywsituhbsthtieturteec, otmo-mweitn:da-

THuRSDAY, AuausT 7, 1913.

601

A resolution in regard to the Great Seal of the State.

The Committee have also had under consideration the following House bill, which I am instructed to report back to the Senate with the recom:rnendation that the same do pass, as amended, to-wit:
A bill to establish the County Court of Bryan County.
Respectfully submitted, M. C. TARVER, Vice-Chairman.

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

Mr. President:
The Committee on Education have had under consideration the following House bill, which I am in-structed to report back to the Senate with the rec-ommendation that the same do pass, to-wit:
A bill to incorporate the Camilla School District.

Tlie Committee has had under consideration the foilowing Senate bill, which I am instructed to report back to the ~enate with the recommendation -that the same do ~ass, to-wit:
A bill to establish a system of public schools for :the town of Alamo.
Respectfully submitted,
J. T. HrxoN, Acting Chairman.
~'.

602

JOURNAL OF THE SENATE,

Mr. Olliff, Chairman of the Committee on Engrossing, submittQd the following report:

Mr. President:
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House, the following Senate resolution and Senate bills, to-wit:
A resolution providing for the appointment of a Commission to revise the Civil and Criminal procedure of the State.
A bill to provide for a permanent registration of voters of this State.
A bill to amend Section 2 of Article 11 of the Constitution of this State so as to abolish the office of County Treasurer.
Respectfully submitted, W. M. OLLIFF, Chairman.
Mr. Miller, Chairman of the Committee on Finance, submitted the following report:

Mr. President:
The Committee on Finance has had under consideration the following House bill, which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:
A bill to amend Section 951 of the Civil Code of 1910.

THuRSDAY, AuausT 7, 1913.

603

A bill to amend Section 964 of the Civil Code of 1910.
A bill to amend Section 950 of Vol. 1 of the Code of 1~10.
Respectfully submitted,
B. S. MILLER, Chairman.

Mr. Tyson, Chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
The Committee on Enrollment report as duly enrolled and ready for the signature of the President of the Senate and Speaker of the House of Representatives, the following Acts, to-wit:
An Act to amend an Act creating the City Court ()f Fitzgerald.
An Act to repeal an Act to establish the City Court of Vienna.
An Act to amend the Act creating a system of public schools for the City of Oglethorpe.
An Act to provide for holding monthly sessions
()f Board of Commissioners of Roads and Revenues of Stewart County.
An Act to amend .an Act to incorporate the town of Alamo.
An Act to amE;~nd ~n A,ct creating. the City Court
of Statesboro.

604

JouRNAL OF THE SENATE,

An Act to amend the charter of the City of Edison.
A resolution to authorize the Governor upon request of the Sheriff of Chatham County, to order out such of the National Guard in said county as may volunteer for the purpose of carrying out the orders of the County Commissioners.
Respectfully submitted,
CHAS. M. TYSON, Chairman.

Mr. Tyson, 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 th~ House of Representatives, and delivered to theGovernor the following Acts, to-wit:
An Act to amend an Act, creating. the City Court. of Fitzgerald.
An Act to repeal an Act, to establish the City Court of Vienna.
An Act to amend the Aet creating a system of public schools for the City of Oglethorpe.
Aii. Act to provide for holding monthly sessions. of Board of Commissioners of Roads and Revenues of Stewart County.
An Act to amend an Act to incorporate the town ot
Alamo.

THURSDAY, AUGUST 7, 1913.

605

An Act to amend an Act creating the City Court of Statesboro.
An Act to amend the charter of the City of Edison.
A resolution to authorize the Governor upon request of the Sheriff of Chatham County, to order out su,ch of the National Guard in said county as may volunteer for the purpose of carrying out the orders of the County Commissioners.
Respectfully submitted,
CHAs. M. TYsoN, Chairman.

Mr. Harrell, Chairman of the Committee on Constitutional Amendments, submitted the following re. port:

Mr. President:

The Committee on Constitutional Amendments

has had under consideration the following House

bill, which I am instructed to report back to the

Senate with recommendation that the same do pass,

to-wit:



A bill to amend Paragraph 1 of Section 13 of Article 6 of the Constitution of Georgia.

Respectfully submitted,

G. Y. HARRELL, Chairman.

Mr. Rushin, Chairman of the Committee on Counties and County Matters, submitted the following report:

606

JouRNAL OF THE SENATE,

Mr. President :

The Committee on Counties and County Matters have had under consideration the followin~ House bills, which it instructs me to report back with the recommendation that they do pass, to-wit:

A .]:>ill to amend Act 1912, page 494, so as to include Lumpkin County.

A bill to prevent pollution of the waters of the Ocmulgee River.

A hill to create a Board of Commissioners of Roads and Revenues for Wheeler County.

A bill to abolish the Board of Road and Bridge Commissioners of Appling County.

A bill to amend Act creating Commissioners of Roads and Revenues for Tift County.

A bill to amend Act providing for electing Solicitor County Court of Putnam County.

A bill to repeal Act creating Commissioners of Washington County.

A bill to create a Board of Commissioners for Washington County.
A bill to repeal Act providing for Board of Com-
missioners of Heard County.

A bill to create office of Commissioner of Roads and Revenues for Heard. County.

A bill to amend Act creating Board of Commi.s-

sioners for Franklin County.

.

THURSDAY, AUGUST 7, 1913.

607

A bill to amend Act to abolish the office of Commissioner of Forsyth County.

The Committee has also had under consideration the following House bills, which it instructs me to report back with the recommendation that they do pass as amended, to-wit:
A bill amending Act creating Board of Commissioners of Early County.
A bill to create a Board of Commissioners for Appling County.
Respectfully submitted,
M. E. RusHIN, Chairman.
Mr. McNeil, Chairman of the General Judiciary Committee, submitted the following report:

Mr. President :

The General Judiciary Committee has had under consideration the following House bill, which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:

A bill to provide secret ballot in Augusta in all elections for members of Council.

',

Respectfully submitted,

W. D. McNEIL, Chairman.

Mr. Burtz, Chairman of the Committee on Corporations, submitted the following rep~rt:

608

JouRNAL OF THE SENATE,

Mr. President:
T'he Committee on Corporations have had ander consideration the following House bills, which I am instructed to report back to the Senate with recommendation that the same do pass:

To incorporate the town of Helen.

To repeal all laws and amendments to laws incorporating the City of Manchester.

To amend the Acts incorporating the City of Marietta.

To be entitled an Act to create and establish a new charter for the town of Harlem in the County of Columbia.

To i:r;J.Corporate the City of Robertstown. Respectfully submitted, A. H. BuRTZ, Chairman.

Mr. Johnson, Chairman of the Committee on Hygeine and Sanitation, submitted the following report:

Mr. President:
The Committee on Hygeine and Sanitation have had under consideration the following Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, by substitute, to..,wit:

THuRSDAY, AuausT 7, 1913.

609

A bill to provide for the sanitation of bakeries canneries, restaurants, etc., in this State.
Respectfully submitted, J. F. JoHNSON, Chairman.

Mr. Chennault, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
The Committee on Agriculture have had under consideration the following Senate bill, which I am instructed to report back to the Senate with the rec.ommendation that the same do pass, to-wit:
A bill to provide for the protection of the Oyster Industry and for other purposes.
Respectfully submitted, N. B. CHENNAULT Chairman.

Mr. Rushin, Chairman of the Committee on Counties and County Matters, submitted the following re- port:

Mr. President:
The Committee on Counties and County Matters has had under consideration the following Senate bill, which it instructs me to report back with the recommendation that it do pass, to-wit:
A bill to make all free rural routes public highways.
The Committee has also had under consideration

610

JouRNAL OF THE SENATE,

the following Senate bill, which it instructs me to report back with the recommendation that it do not pass, to-wit:
A bill to amend Section 469 Vol. 1 of the Code of 1910.

The Committee has also bad under consideration the following House bill, which it instructs me to report back with the recommendation that it do pass, to-wit:
A bill to amend Act creating Board of Commissioners for Terrell County.
Respectfully submitted,
M. E. RusHIN, Chairman.

The following Senate bills were read the first time:

By Mr. BrownA bill to repeal Section 2624 of the Code of 1910. Referred to the General Judiciary Committee.

By Mr. ElkinsA bill to amend the Act for the protection of game
birds and animals, and for other purposes.
Referred to the Agricultural Committee.

By Mr. Brown-
A bill to create the office of Pardon Attorney and for other purposes.

THURSDAY, AUGUST 7, 1913.

611

Referred to the General Judiciary Committee.
The following House bill was taken up with Senate :amendments, in which the House refuses to concur in .amendments Nos. 1 and 2, which submits the provision of this Act to the qualified voters of the Coun-ty of Jenkins; the Senate recedes from amendments Nos. 1 and 2.

By Mr. Brinson-
A bill to rearrange the Middle and Augusta Judi.cial Circuits by adding Jenkins County to the _Augusta Circuit.
The unfinished business of yesterday was taken up, -read the third time and put upon its passage.

By Mr. Tyson-
A bill to amend Section 1037 of Paragraph 4 of the :Penal Code.
Report of the Committee was agreed to.
Upon the passage of the hill the ayes were 26, -nays 6; the bill having received the requisite Constitutional majority, was passed.
The following resolu.tion was read the 1st time:

By Mr. Huie-
A resolution authorizing the State Board of Ed~ucation to renew contracts for text-books for 5 years.
Referred to the Committee on Education.

612

JouRNAL OF THE SENATE,

The following House bills were read the 1st time:

By Mr. RaglandA bill to create a new charter for Talbotton, Geor-
gia. Referred to Committee on Corporations.

By Mr. McRae-
A bill to amend an Act incorporating the town of Scotland.
Referred to Committee on Corporations.

By Mr. Thompson-
A bill to provide for four terms of the Superior Court of Madison County.
Referred to the Special Judiciary Committee.

By Mr. Gower-
A bill to amend an Act creating a new charter for the City of Cordele.
Referred to the Committee on Corporations.

By Mr. Gower-
A bill to amend an Act amending the charter of Cordele.
Referred to the Committee on Corporations.

THURSDAY, AuausT 7, 1913.

613

By Messrs. Hopkins and ReeseA bill to amend the charter of the town of Meigs_ Referred to the Committee on Corporations.

By Mr. ReiserA bill ~o amend the charter of Springfield. Referred to the Committee on Corporations. The following Senate bills were read the second
time:

By Mr. Elkin-
A bill to establish a system of public schools for the town of Alamo.

By Mr. McGregor-
A bill to regulate the manner in which the State Militia may be called out.

_ By Mr. McGregor-
A bill to repeal an Act approved August 16, 1912, relative to the Governor calling out the State Militia..

By Mr. Smith-
A bill for tlie protection of the Oyster Industry and for other purposes.

By Mr. Kelly-
A bill to make all free rural delivery routes in Georgia public highways.

~14

JOURNAL OF THE SENATE,

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

By Mr. Richardson-
A bill to amend an Act of August 21, 1906, to inCorporate the town of Marshalville in the County of Macon.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0; the bill having received the requisite Constitutional majority, was passed.

The following House bills were read the second time:

By Mr. Lipscomb of ClarkeA bill to amend the charter of the City of Athens.

By Mr. JonesA bill to amend the charter of the town of Ellijay.

By Mr. Miller-
A bill to amend Paragraph 1 of Section 13 of Article 6 of the Constitution.

By Mr. Smith-
A bill to repeal all laws and amendments to laws, incorporating the City of Manchester, to incorporBte the City under the name of College Park.

THURSDAY, AUGUST 7, 1913.

615

By Mr. Moon-
A bill to amend the Act establishing the City Court of LaGrange.

By Messrs. Taylor and Harris-
A bill to repeal an Act creating Commissionersof Roads and Revenues for vVashington County.

By Mr. Dorough-
A bill to amend an Act to create the Board of Commissioners of Boards and Revenues for :H"ranklin County.

By Mr. wisdom of Forsyth-
A bill to amend Section 3 of an Act entitled an Act to abolish the office of Commissioner of Roadsand Revenues of Forsyth County.

By Mr. Arnold-
A bill to change the time of holding the Superior Court of Oglethorpe County.

By Messrs. Taylor and Harris-
A bill to create a Board of Roads and Revenues. for Washington County.

By Messrs. Wimberly, Fowler and Miller-
A bill to prevent the pollution of the waters of the Ocmulgee River.

616

JouRNAL OF THE SENATE,

By Mr. Whitaker-
A bill to create the Board of Roads and Revenupg for Heard County.

By Mr. Spence-
A bill to amend an Act, entitled an Act, to ~~Ht nh lish a City Court in the town .of Pelham.

By Messrs. Taylor and Coleman-
A bill to amend the Charter of the City of Dublin: Approved August 15, 1910.

By Mr. JacksonA bill to incorporate the City of Robertstown.

By Mr. McCurry-
A bill to change the time of holding the Superior Courts in Hart County.

By Messrs. Garlington and Olive-
A bill to provide secret ballot in Augusta Georgia in all election for members of Council.

By Mr. Ellis-
A bill to create a Board of Commissionerl5 of Roads and Revenues for Tift County.
By Mr. HendersonA bill to create the City Court of Gray in Jones
County.

THuRSDAY, AuGusT 7, 1913.

617

By Mr. Spence-
A bill to incorporate the Camilla School DistrictS' in the City of Camilla.

By Mr. Ballard-
A bill to create a new charter for the town of Harlem.

By Mr. Miller-
A bill to repeal an Act, entitled an Act, to establish the City Court of Flovilla in Butts County.

By Mr. Cheney~
A bill to amend an Act incorporating the City of Marietta.

.By Mr. JacksonA bill to incorporate the town of Helen.

By Mr. Arnold-

A bill to amend an Act to establish the City Court

of Lexington.



By Mr. Dorough-
.A bill to provide for holding four terms a year of the Superior Court of Franklin County.

By Mr. Lipscomb-
A bill to amend an Act creating City Court of Athens.



618

JouRNAL oF THE SENATE,

By Mr. Brookshear-
A bill to amend the Act of 1912 as set forth on Page 494 of the Acts of 1912, and which was ap proved August 19, 1912 so as to add to it the provisions of the County of Lumpkin.

By Mr. Carter-
A bill to create a Board of Commissioners of Roads and Revenues for Appling County.

By Messrs. McCarthy, Shuptrine and Myrick-
A bill for the holding of primary elections in the City of Savannah.

By Mr. ShippA bill to abolish the City Court of Pulaski.

By Mr. Evans-
A bill to amend an Act to establish the City Court -of Sylvania.

By Mr. Whitaker-
A bill to repeal an Act approved October 6th, 1885 as amended August 22, 1907, entitled an Act to provide for a County Board of Commissioners for the County of Heard.

By Mr. TaylorA bill to amend the City CO'urt of Dublin, so as to



THURSDAY, AuGusT 7, 1913.

619

provide for the payment of :fines and forfeitures intothe County Treasury.

By Mr. Burney-
A bill to amend an Act approved August 15, 1910,. establishing the City Court of Madison.

By Mr. Slater-
A bill to create and establish the County Court of Bryan Qounty.

By Mr. Carter-
A bill to abolish the Board of Road and Bridge Commissioners for Appling County.

By Mr. Slater-
A bill to repeal Act creating the City Court of Pembroke.

By Mr. Davidson-
A bill to amend an Act to provide for electing the Solicitor of the County Court of Putnam County by the qualified voters of said Munty.

By Mr. Pickett-
A bill to amend the Act approved September 21,. 1883, creating Board of Commissioners of Roads and Revenues of Terrell County.
The following House bills were read the third time and put upon their passage:

(;20

JouRNAL OF THE SENATE,

:By Mr. LoydA bill to create a new charter for the town of
Newborn.
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 Con:stitutional majority, was passed.

By Messrs. Field and Smith-
A bill to amend an Act, approved August 17th, 1909, creating and establishing a new charter for the town of Decatur.
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.
.B.y Mr. Moore-
A bill to abolish the County Court of Jeff Davis County and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Moon-
A bill to establish the City Court of Hazlehurst in Jeff Davis County.

THURSDAY, AUGUST 7, 1913.

621

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 Con- stitutional majority, was passed.

By Mr. Reiser-
A bill to amend Section 12 of an Act, creating the City Court of Springfield in Effingham County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0; ~he bill having received the requisite Constitutional majority, was passed.

By Mr. Johnson-
A bill to create a Board of Commissioners of Boads and Rev:enues for Wheeler County.
Report of the Committee was agreed to.
Upon the plitssage of the bill the ayes were 27, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Messrs. Blackburn, Smith and CochranA bill to carry into effect the Co~stitutional amend-
ment to Paragraph 1, Section 7 of Article 6 of the Constitution, so as to create a Municipal Court for the Qity of Atlanta.
Report of the. Commitee was agreed to.
Upon the passage of the bill the ayes were :31,

622

JOURNAL OF THE SENATE,

nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Sbipp-
A bill to amend Act, to provide and create a new charter for the town of Cochran, in Pulaski Countyr
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25,. nays 0; the bill having received the requisite Con- , stitutional majority, was passed.

By Mr. Cooper-
A bill to amend Section 17 of the charter of the City of Waycross relating to the power and authority vested in the Mayor and Council.
Report of the Committee was agreed to.
Upon the passage of ~be bill the ayes were 27r nays 0; the bill having received the requisite Constitutional majority, was pa'ssed.

By Mr. McCurry-
A bill to amend the charter of the City of Hartweli and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 26, nays 0; the bill having received the requisite Constitutional majority, was passed.

THURSDAY, AUGUST 7, 1913.

623

By Mr. Dorough-
A bill to amend an Act entitled an Act, to incorporate the City of Lavonia in Franklin County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Dorough-
A bill to amend an Act approved August 24, 1905, incorporating Royston.
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. Field-
A bill to repeal an Act to incorporate the town .of Lake View in DeKalb County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Cooper-
A bill to establish a Park and Tree Commission for the City of Waycross.
Report of the Committee was agreed to.

624

JouRNAL oF THE SENATE,

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

By Messrs. Cooper and Crawley-
A bill to amend the Act to establish a new charter for the City of waycross, approved August 17, 1909.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 26t nays 0; the bill having received the requisite Constitutional majority, was passed as amended and the amendment is as follows: Amend by striking the words twenty-five and inserting in lieu thereof twenty-one.

By Messrs. Slater and Aiken-
A bill to amend Section 950 of the Code so as to provide occupation tax for corporations beginning 1914.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0; the bill having received the requisite Constitutional majority, was passed as amended and the amendment is as follows: Amend the caption and when eveT it occurs in the bill so as to make it read, Code of 1910 instead of 1911.
By Mr. Aiken-
A bill to amend Section 964 of the Civil Code of 1910.

THURSDAY, AUGUST 7, 1913.

625

Report of the Committee was agreed to.
Upon the passage of the biJl the ayes were 36, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Aiken of Glynn-
A bill to amend Section 951 of the Code of 1910.
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.

:ay Mr. Herrington of Emanuel-
A bill to incorporate the town of Olive.
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. Shipp-
A bill to create a new charter for the town of Hawkinsville.
~eport 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.

JouRNAL OF THE SENATE,
By Mr. RhodesA bill to amend the Act of 1872, providing a char-
ter for the City of Athens. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27,
1mys 0; the bill having received the requisite Constitutional majority, was passed.
.By Mr. McRaeA bill to amend the Act approved on December
10, 1902, to incorporate the town of Pineview. 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. Field and Smith of DeKalbA bill to amend the charter of the town of East
Lake.
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. Field and SmithA bill to amend the charter of the town of Kirk-
wood. Report of the Committee was agreed to.

THURSDAY, AuousT 7, 191iJ.

627

Upon the passage of the bill the ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Hopkins-
A biH to amend Section 1249 of the Political Code of 1910.
Report of the Committee was agreed to.
Upon the passage of the biH the ayes were 25, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Shipp-
A bill to amend Section 1249 of Vol. 1 of the Code of Georgia.
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. Stewart-
A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues in Coffee 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 Con stitutnonal majority, was passed as amended and the amendment is as follows: Amend by striking

628

JouRNAL OF THE SENATE,

the word ''fourteen'' at the end of Section 2 and in fourth line thereof, and inserting in lieu of same the word ''fifteen.''

By Mr. DeVaughn-
A bill to authorize the working of streets of towns in Macon County by the chaingang.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0; the bill having received the requisite Constitutional majority was passed as amended and the amendment is as follows: Provided this Act shall not become effective till satisfied by the majority of the qualified voters of Macon County at the next General election.
By Mr. Smith-
A bill to create a new charter for the town of McCaysville.
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:
The Committee amends by adding the word ''have'' between the words shall and powers in line 7 of Section 1 of said bill.
The Committee amends House Bill No. 378 by . striking Section 32 from said bill and inserting in

THURSDAY, AUGUST 7, 1913.

629

lieu thereof the following, to be known as Section 32 : Be it further enacted that the corporate limits begin at the center of Fightingtown Creek, where State line crosses between the State of Georgia and the State of Tennessee; thence up said creek to the mouth of Kingtown Branch; thence due south to the original land line between lots of lands No. 33 and No. 40, running east and west ; thence east with said line to Oconee River ; thence a northern direction to the top of first little knoll just southeast of railroad bridge; thence a northern direction to the top of first hill southeast of Parristown; thence in a northern dir_ection to the original corner on the State line between Georgia and Tennessee; thence said State line to the beginning point, at the center of Fightingtown Creek.

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

By Mr. Huie-
A bill to provide for election of United States Senator by the people.
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 Senate bills were read the third time and put upon their passage :

630

JouRNAL oF THE SENATE,

By Messrs. Huie and Anderson-
A bill to amend Paragraph 1, Section 2, Article 3 of the Constitution of this State, so as to increase the number of State Senators.
On motion the Senate adjourned until this afternoon at 3 o'clock.

The Senate met pursuant to adjournment at 3 o'clock; was called to order by the President.
On motion, the roll call was dispensed with. The following unfinished business was taken up:
By Messrs. Huie and AndersonA bill to amend Paragraph 1, Section 2, Article 3
of the Constitution of the State, so as to increase the number of State Senators.
On motion, this bill was tabled. The following Senate bills were read the first time:
By Messrs. Miller, MeNeil and TarverA bill to amend the Constitution of Georgia, as to
provide for pro rata advalorem tax levy for Pensions of the .State.
Referred to the Committee on Constitutional Amendments.
By Mr. BrownA bill to amend an Act, to consolidate and super-

THuRsDAY, AuGUST 7, 1913.

631

sede the several Acts incorporating the City of Rome in Floyd Oounty.

Referred to the Committee on Corporations.

By Messrs. Miller, McNeil and Tarver-
A bill to amend the Constitution of Georgia, so as I
to provide for pro rata ad valorem tax levy for Common Schools of Georgia.
Referred to Committee on Constitutional Amendments.

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

By Mr. MeNeil-
A bill to amend Section 414 of the Penal Code of 1910, relative to running freight trains on Sunday.
Mr. Miller 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.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Oonverse, W. L. Dickey, R. L. Elkins, 0. H. Huie, G. M.

Irwin, M. D. Jones, S. E. Johnson, J. F.
Kea, Fred, McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H.

Parrish, C. H. Rushin, M. E. Smith, E. L. Stark, W. W. Sweat, J. L. Turner, S. M. Tyson, C. M.

' Those voting in the negative were Messrs.-

Bush, W. J.

Chennault, N. B. Hixon, J. T.

632

JOURNAL OF TH~ SENATE,

Jones, W. W. Kelly, 0. L. Longino, J. T. Olliff, W. M.

Perry, Grant D. Spinks, W. E.

Pope, Le,

Tarver, M. C.

Searcy, W. E. H. Sr. Taylor, G. W

Those not voting were Messrs.-

DuBose, R. T.
Ford, L. L.
Foster, A. H.

Harrell, G. Y. Peyton, J. T.

Ayes, 23; nays, 13.

RichardS(}n, C. H. Watts, J. N.

The bill was tabled.

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

Mr. President:
His Excellency, the Governor, has approved and signed the following Acts and Resolutions, to-wit:
An Act to amend the charter of the City of Edison, so as to provide for the pavements of sidewalks in certain parts of the City and for other purposes.
An Act to be entitled an Act, to amend an Act entitled an Act to incorporate the town of Alamo.
An Act tO repeal an Act to establish the City Court
of Vienna.
An Act to amend an Act creating the City Court of Fit~gerald, so as to provide for compensation of Court Stenographers in criminal cases, etc.
to An Act ~mend an Act cr.eating the City Court
of Statesboro,

THURSDAY, AuGUST 7, 1913.

633

An Act to amend the Act creating a system of_ Public Schools for the City of Oglethorpe, Georgia.
An Act to provide for holding monthly sei3-Sions of Board of Commissioners of Roads and Revenues for Stewart County.
A resolution to authorize the Governor upon re. quest of the Sheriff of Chatham County, to ord~r
out such of the National Guard in said county as may volunteer for the purpose of carrying out the orders of the County Commissioners.
The following Senate bills were read the third time and put upon their passage:

By Messrs. Rushin and Anderson-
A bill to provide for maintaining in proper condition crossways and other approaches to public bridges between counties.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 26, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Sweat-
A bill to authorize the execution of a lost or destroyed deed to be proved as to land in any court in this State when the deed was never rendered and for other purposes.
Report of the Committee was agreed to.

634

JouRNAL OF THE SENATE,

Upon the passage of the bill the ayes were 28, nays 0; the bill having received the requisite Constitutional' majority, was passed.

By Messrs. Bush, Foster and Searcy-
A bill to prohibit any person from inveigling any female of previous chaste, character or child. under fourteen years of age into any home of ill fame.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 26, nays 0; the bill having received the requisite Constitutional majority, was passed as amended and ihe amendment is as follows: Amend the last line of Section 1 so that it shall read as follows: Imprisoned in the penitentiary for not less than one nor more than ten years.
On motion, the Senate adjourned until tomorrow morning at 10 o'clock.

FRIDAY, AuGua.r 8, 1913.

635

SENATE CHAMBER, ATLANTA, GA.,
Friday, August 8, 1913.

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

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

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. MeGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Ollift', W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver. M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

On motion the reading of the journal was dispensed with.

Mr. Elkins, 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 recommendation that the S'ame do pass, to-wit:

636

JouRNAL OF THE SENATE,

A bill to relieve S. J. Cartledge, authorizing County Commissioners to pay claims.
A bill to repeal an Act to create a county court in each county in the State except certain counties therein mentioned, approved January 18, 1872.
The committee has also had under consideration the following House bill which I am instructed to report back to the Senate with recommendation that the same do pass, by substitute.
A bill to repeal an Act entitled an Act to establish the City Court of Jackson.
Respectfully submitted, 0. H. ELKINs, Chairman.

Mr. Olliff, Ohairman of the Committee on Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House, the following Bills of the Senate, to-wit:
A bill to amend Section 1037, Paragraph 4 of the Penal Code of 1910, relating to the competency of husband and wife as witnesses in criminal proceedings.
A bill to amend. the Charter of the Town of Marshallville.
A bill to provide for election of U. S. Senators by the people.

FRIDAY, Auoua:r 8, 1913.

637

A bill to provide for maintaining causeways and approaches to public bridges between counties.
A bill to authorize the execution of lost deeds to be proved as to land in any county where the said lost deed was never recorded.
A bill to prohibit any person from inveigling any female into any house of ill fame.
Mr. Burtz, Chai:riiDan of the Committee on Corporations, submitted the following report:

Mr. President:
The Committee on Corporations have had under onsideration 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 the Charter of the City of Atlanta. Respectively submitted, A. H. BuRTz, Chairman.
Mr. Foster, Chairman of the Committee on Education, s~bmitted the following report:

Mr.. President:
'ITh.e Committee on Education has had under consideration House Bill No. 598.
A bill amending an Act establishing a system of public schools for the City of Waycross and for

638

JouRNAL OF THE SENATE,

other purposes. I am instructed to report swme back with the recommendation that it do pass.
A. H. FosTER, Chairman.

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

Mr. President :
The Committee on Corporations has had under consideration the following Senate Bill which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit:
A bill to amend an Act entitled an Act to amend the several ActS' incorporating the City of Rome, to create a new charter and municipal government, etc., approved August 17, 1909, by providing a commission form of government.
The committee has also had under consideration the following House bills which I am instructed to report back to the Senate with recommendation that the same to pass, to-wit:
A bill to create a new oharter for Talbotton.
A bill to amend the charter of the City of Athens.
A bill to amend an Act incorporating the town of Scotland.
A bill to amend the charter of Springfield.
A bill to amend the charter of the town of Meigs.

FRIDAY, Auouo.r 8, 1913.

639

A bill to amend the charter of Cordele. Respectfully submitted, A. H. BURTZ, Chairman.

Mr. Brown, Chairman of the Committee on W. & A. Railroad, submitted the followng report:

Mr. President:
'l'he Committee on W. & A. Railroad haS' had under consideration the following Senate bill which I am instructed to report back to the Senate with recommendation that the same do pass, by substitute, to-wit:
A bill to provide for a joint committee on the lease of the W. & A. Railroad.
Respectfully submitted, J. W. L. BROWN, Chairman.

By unanimous consent the following Senate bills were read second time and recommitted.

By Messrs. Miller Tarver and McNeil-
A bill to so amend the Constitution of Georgia aS' to provide for pro rata ad valorem tax levy for pensions of the State.

By Messrs. Miller, Tarver and MeNeil-
A bill to so amend the Constitution of Georgia as to provide the pro rata ad valorem tax levy for the common schools of the State.

640

JouRNAL 0}' THE SENATE,

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

By Mr. Huie-
A resolution to authorize the State Board of Education to renew the contract for said books for a term of five years.
By unanimous consent the following House bil1s were read second time and recommitted.

By Messrs. Taylor and Harris-
A bill to create a Board of Commissioners of Roads and Revenues for the City of Washington.

By Messrs. Taylor and Harris-
A bill to repeal the Act creating the Commission of Roads and Revenues of Washington County.

By Mr. McLendon-
A bill to abolish the City Court of Blakely m E4arly County.

By Mr. Mills-
A bill to repeal an Act entitled an Act establish. ing the City Court of Jackson in Butts County.

By Mr. Henderson-
ofA bill to repeal the Act creating the County Court Jones County.

FRIDAY, Auauor 8, 1913.

641

By Messrs. Rhodes and LipscombA bill for the relief of S. J. Cartledge and for
other purposes. ~he following resolutions were read first time.

By Messrs. McGregor & Allen-
A resolution requesting the State Board of Education to investigate the advisability of using the Webster Blue Back Speller in the public schools of Georgia.
Referred to the Committee on Education.

By Mr. Olli:ff-
A resolution recommending the preservation by the U. S. Government of Fort Frederica, St. Simons Island.
Laid on table for one day.
The following Senate bill was taken up with House substitute, and the substitute was concurred in with Senate amendment.

By Mr. Sweat-
A bill to amend the Act creating the Board of County Commissioners of Roads and Revenues for Ware County.
The amendment is as follows: Amend the House substitute by striking Section 4 of same and then numbering the remaining Sections thereof so as to make same correspond consecutively therewith.



642

JouRNAL OF THE SENATE,

Amend 'Section 5 of said substitute by inserting after the word "Waycross" when the same ooours in the fourth and fifth lineS' thereof the following words : ''Connecting with the public highways of the county,'' also amend said Section by striking from the fifth line thereof the word ''Exceeding'' and inserting in lieu of same the words "less than."

The following message was received from the House through Mr. Boifeuillet, the Clerk of the Hou,se.

Mr. President:
The House has pas'sed by the requisite Constitutional majority the following bills of the House, to-wit:
A bill to 8imended an Act to incorporate the City of Swainsboro.
A bill to amend an Act to create the office of Commissioner of Roads and Revenues for Dodge County.
A bill to repeal an Act to incorporate the City of Osierfield.
A bill to amend an Act to regulate the numbering of automobiles in this State.
A bill to amend an Act to create a new charter for the City of Macon.
A bill to establish a System of Public Schools in the town of Scotland.
A bill to incorporate the town of Wesley.

FRIDAY; AuauOT 8, 1913.

643

A bill to incorporate the town of Reno.
A bill to abolish Justice Courts in the City of Macon.
The Senate insists on its amendment to the following bill of the House, to-wit:

By Mr. Edmondson-
A bill to repeal an Act creating the City Court of Quitman.
The following Senate bill was read the second time:

By Mr. Brown-
A bill to amend an Act to amend and consolidate the several Acts incorporating the City of Rome.
The following House bills were read the second time:

By Mr. Ragland-
A bill to create a new charter for Talbotton m Talbot County.

By Mr. Gower-
A bill to amend the Act amending the charter of Cordele in Crisp County.

By Mr. McRea-
A bill to amend the Act incorporating the town of Scotland.

644

JouRNAL oF THE SENATE,

By Messrs. Hopkins and ReeseA bill to amend the charter of the town of Meigs.

By Mr. McLendon-
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Early County.

By Messrs. Cooper and Crawley-
A bill to amend the Act establishing the System of Public Schools for the City of Waycross.

By Mr. Reiser-
A bill to amend the charter of Springfield. The following House bills were read the third time and put upon their passage :

By Messrs. Cochran, Smith and Blackburn-
A bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 28, nays 0; the bill having received the requisite Constitutional majority, was passed as amended and the amendments are as follows :
Amendment to House Bill No. 282, amending the charter of the City of Atlanta, etc., by incorporating therein the following:

F'BmAY, AuauOT 8, 1913.

645

Sec. 234(a). T'hat the tax assessors and receivers, acting jointly, or in case of difference of opinion, acting by a majority thereof, shall be the head of the tax office of the City of Atlanta and said tax assessors and receivers shall have the authority to nominate a chief clerk for the tax office, together with the assistants therein, subject to confirmation by the tax committee of the general council and same
shall thereafter be submitted to the general coun-
cil ~d be finally subject to confirmation by said general council. Said tax assessors and receivers shall have authority to receive returns of taxes, administer oaths to those making returns, in connection with the chief clerk and the assistants in the tax office, and said tax assessors and receivers shall have general supervision of the tax office, being the office
where returns are made to the City of Atlanta for
taxation and assessments entered thereon. The provisions of Section 2 of an Act to amend tlie charter of the City of Atlanta, approved August 19th, 1912, providing that the tax committee of the general eouncil shall elect a chief clerk for the tax office, is 'bereby stricken, and the same provision is stricken from Section 51 of the Act to which this amendment is offered, and furthermore, the provisions of said Section 2 of the amendment approved aforesaid and the Section 51 above noted, providing that the chief clerk shall have charge of tax returns in connection with such assistants as the tax committee or the general council. may provide, are likewise stricken.

646

JouRNAL OF THE SENATE,

The provisions of this amendment shall become effective and shall be enforced by the Mayor and General Council of the City of Atlanta when passed by the General Assembly and approved by the Governor and shall not be submitted to a vote of the people with the other provisions of said charter, but shall be a law without regard to the vote at the election held under the provisions of the pending biU by which same were referred to a vote of the people.

Sec. 234(b). The Mayor and General Council of the City of Atlanta are hereby authorized to provide by ordinance for the inspection of freight and passenger elevators used in the different buildings of the City and also to provide for the inspection of steam boilers wherever used within the limits of said city and to give the officers in charge of such inspection authority to enter on the premises where such elevators or boilers are located for the purpose of making such inspections. Said Mayor and General Council are likewise authorized to p-rovide, by ordinances, regulations concerning the use of such elevators and steam boilers and to take any other steps necessary to secure the safe operation of said elevators and boilers and the prevention of the use of defective or dangerous elevators or boilers, within the limits of said city. Said Mayor and General Council are likewise authorized to provide, by ordinance, for punishment by a fine not exceeding two hundred do1lars or by sentence upon the public works of the city for not exceeding thirty days, either or both penalties to be inflicted in the

FRIDAY, AuGua.r 8, 1913.

647

discretion of the Recorder, for a violation by any person, firm or corporation of said ordinances and the regulations established thereunder. The provisions of this section shall become a law when this Act is approved by the Governor and shall not be submitted to a vote of the people as piovided with reference to the other provisions of this Act.
Further, by striking Section 201 of said bill and inserting in lieu thereof the following:

Sec. 201. The Mayor and General Council of the City of Atlanta are hereby vested with authority and power to require all social, locker or other clubs in which lockers or similar arrangements are maintained wherein intoxicants of any kind are kept for the use of members, to secure a permit for the operation of such clubs from the Mayor and General Council before beginning to operate or maintain or continue to operate and maintain same, if now operating, and furthermore said Mayor and General Council are hereby authorized and empowered to impose a license fee or charge against such clubs of not exceeding five hundred dollars per annum, payable in such manner as may be provided by ordinance. Said Mayor and General Council are further authorized and empowered to provide by ordinance for the punishment of any person or persons violating the provisions thereof as herein provided, by a sentence to pay a fine not exceeding five hundred dollars or to work upon the public works of said city for not exceeding sixty days, either or both in the discretion of the Recorder.

648

JouRNAL oF THE SENATE,

Further, by adding to Section 215 the following:
''Provided first, the result of said election shall not effect the several provisions of this Act which provide that the provisions of said Act shall become a law when approved by the Governor; second, that the result of said election shall not effect the provisions of Section 215 (a), which submits to a vote of the people the question of vesting in the Recorder's Court of said city the power to impose a fine of five hundred dollars or a sentence to imprisonment or labor upon the public works for not exceeding sixty days, and Sec. 215(b), which provides for the submission to the people the question of incorporating into the charter of said city the principles of the initiative, referendum and recall.''

Further, by adding to said bill the following sections: .

Sec. 215(a). At the same time that the other provisions are submitted to a vote of the people as provided in Sec. 215, there shall likewise be separately submitted to a vote of the people the following provisions :

RECORDER's CouRT.

''That the Mayor and General Council are hereby authorized to provide by ordinance for the punishment of offences against the ordinances of the city, on conviction in the Recorder's Court, by a sentence to work on the public works for a term not exceeding sixty days, or by imprisonment for a term not exceeding sixty days, or by a fine not exceeding five

:F'RmAY, AuGu<J.r 8, 1913.

649

hUndred dollars, either one or two or all of said sentences to be inflicted in the discretion of the Recorder."
Those voting in favor of this provision shall have printed or written on their ballots the following words:

"(1) For vesting in the Recorder's Court power to sentence for a term of labor and imprisonment not exceeding sixty days and by a fine not exceeding five hundred dollars.''
Those opposed thereto shall have printed or written on their ballots the following words:

" (2) For vesting in the Recorder's Court power to sentence for a term of labor and imprisonment not exceeding thirty days and by a fine not exceeding two hundred dollars.''

If a majority of the votes cast in said election is in favor of vesting in the Recorder's Court the power .set out in the ballot marked (1) as a foresaid, then the provisions of this section hereinbefore set out under the title "Recorder's Court" shall thereupon become a law.
If a majority of the votes cast in said election is in favor of vesting in the Recor~er 's Court the power set out in the ballot marned (2) as aforesaid, then ~he provisions of this .section hereinbefore set out under the title "Recorder's Court" shall be changed ~s f()Iiows : The' words ''sixty days,'' in both instances s~all be stricken and "thirty days" insert-

650

JouRNAL OF THE SENATE,

ed in lieu thereof. The words ''five hundred dollars" shall be stricken and "two hundred dollars" inserted in lieu thereof and as so amended, same shall thereupon become a law.
Said election shall be held and the result declared in the same manner as provided itt Section 215 of this Act with reference to the other provisions of this Act.

INITIATIVE.
Sec. 215(b). Whenever ten per cent. of the registered voters, as disclosed by registration sheets of the last preceding general municipal election, shall request, in a petition filed in the office of the Clerk of Council of said City, the submission of an ordinance or resolution, the substance of which is incorporated in said petition, for adoption by vote of the people, an election shall be called therefor within thirty days after same bas been read in Council. If at said election, said resolution or ordinance receives a majority of the votes cast, it shall become operative and cannot be thereafter repealed except by an election similarly called. Provided, however, if the Mayor and General Council adopt the resolution or ordinance, so petitioned for, then no election shall be called.

REFERENDUM.

Whenever fifteen per cent. in number of the reg-

istered voters, as disclosed by the registration sheets

of the last preceding general municipal election,

... shall so request, in a petition filed with the Clerk of

-- ..... ..

.. . ~- ;: ; -.~~--

FRIDAY, AuGuc-r 8, 1913.

651

Council, any ordinance or resolution wh1ch may have already been adopted by the Mayor and General Council shall thereafter be submitted to the qualified voters of said city at the firRt regular election following the filing of said petition. Provided, said request is filed within sixty days after the approval of such ordinance or resolution. If a majority of the votes in said election are cast against such resolution or ordinance, same shall be thereby repealed and revoked and shall not thereafter be of any effect nor shall same thereafter be adopted by the Mayor and General Council until re-submitted to and adopted by the qualified voters of said city in the same manner as originally submitted. If same receives a majority vote of the people, when so submitted, then said resolution or ordinance shall stand and be effective in the same manner as other ordinances of the city.
Provided, however, that no ordinance or resolution shall be submitted to the people by referendum, as herein provided, at a date earlier than sixty days after the date of its approval, nor shall same be submitted at any other time than at the general city election held on the first Wednesday in December of each year, but same can be submitted at each annual general election if a petition is filed therefor by the voters of the city as herein authorized.

The voting on questions submitted to the people at the general elections herein provided for under what is known as the initiative and referendum, shall be held in the same manner as the ordinary city elec-

652

JouRNAL oF THE SENATE,

tions, by the same manager and at the same time and under the same methods, and the result thereof shall be canvassed in the same manner and declared and reported to the General Council for confirmation as the city elections are now held, declared and reported.
The Mayor and General Council of said city shall be authorized to submit to the qualified voters of said city at any regular municipal election, any ordinance or resolution which they may deem proper and in the event a majority of such voters shall vote for such ordinance or resolution, the same shall be adopted. If a majority of the votes so cast are against such resolution or ordinance, same shall be defeated and shall not thereafter be adopted by the Mayor and General Council until re-submitted to and adopted by the qualified voters of said city. If same receive a majority vote of the people and become effective, then same can only he repealed by a majority vote of the qualified voters at a regular municipal election.

RECALL.
The Mayor, Aldermen, Councilmen, officers elected by vote of the people, heads of departments and members of boards shall be subject to removal during their several terms of office in the following manner:
Whenever twenty-five per cent. in number of the registered voters, as disclosed by the registration sheets of the last preceding general municipal elec-

FRIDAY, AuGuar 8, 1913.

653

tion, shall so request, in a petition filed in the office of the Clerk of Council, an election shall be called and held within thirty days from the date of the filing of said petition on the subject only of the recall or non-recall of such officials. It shall be the duty of the Clerk of Council to check the names on said list and report to the General Council the number of registered voters thereon in order to see that the required number have signed the said petition. This report shall be submitted to the General Council with the petition, which petition must be filed with the Clerk of Council at least five days before the meeting of the General Council to which same is reported in order that it may be checked up as herein provided. When so reported, with this certificate, the General Council shall order an election to be held within thirty days as above mentioned. Such election shall be held under the same rules and regulations as govern regular city elections. At this election the ballots shall be as follows: With the names of such officer and office inserted in the blanks.

''For the recall of------Holding the of-

fice to

''

''Against the recall of -----Holding the

office of

''

If a majority of the votes cast in said eJection are for the recall of such officer, his office is declared vacant at the moment these votes are canvassed by the General Council and the result announced. A meeting of the General .Council shall be called and held for this purpose, if no regular meeting inter-

654

JOURNAL OF THE SENATE,

venes, within not less than five days of the election so held at this meeting and the election managers shall make a return of the votes cast in said election by report of same to the General Council, and the General Council shall examine this return and declare the result. If a majority of the votes so cast is for the recall of the official, his office is vacated at the time the result is so declared by the General Council as herein provided and a vacancy immediately exists. This vacancy shall be filled in the same manner as vacancies are otherwise filled for such offices.
Provided, however, that the provisions of this section shall not become a Jaw until submitted to the people as follows :
At the same time that the other provisions of this Act are submitted to a vote of the people, the foregoing provisions of this section shall also be submitted to a vote of the people as follows :
Those in favor of the provisions of this section shall have printed or written on their ballots the following words :
''For the initiative, referendum and recall, as provided by Act of the General Assembly of 1913 amending the charter of the City of Atlanta.''
Those opposed to the provisions of this section shall have printed or written on their ballots the following words :
''Against the initiative, referendum and recall, as provided by Act of the General Assembly of 1913 amending the charter of the City of Atlanta.''

FRIDAY, Auouar 8, 1913.

655

If a majority of the votes cast in said election on this question is in favor of the initiative, referendum and recall, then the provisions of this section shall become a law.
If a majority of the votes cast in said election on this question is against the initiative, referendum and recall, then the provisions of this section shall not beC'orne a law.
r-rhe election shall be held and the result declared in the same manner as provided in Section 215 for holding an election upon the other provisions of this charter.
Sec. 215 (c). That Section 215 be amended by adding after the words ''No other matter shall be voted on,'' the following: ''Except the several matters set out in Sections 215 (a) and 215 (b) of this Act.''

By Messrs Myrick, McCarthy and Shuptrine-
A bill to provide for holding primary elections in the City of Savannah.
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 substitute.

By Mr. Davidson of Putnam-
A bill to amend the Act providing for the election of the Solicitor of the County Court of Putnam County by the qualified voters of said county.

656

OF JouRNAL

THE SENATE,

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. Henderson of Jones-
A bill to create the City Court of Gray for the County of Jones and to prescribe its jurisdiction.
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. Jackson-
A bill to incorporate the town of Helen.
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. Carter-
A bill to create a Board of Commissioners of Roads and Revenues for Appling County and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were :!9, nays 0; the bill having received the requisite Con-

FRIDAY, AuGUST 8, 1913.

657

stitutional majority, was passed as amended and the amendments are as follows:

By Senator Taylor of the 3d Senatorjal District---
An amendment to House Bill No. 557 providing for the creation of a Board of County Commissioners:
Section 1. To omit the repealing clause of said bill as Section 32 and to add in lieu thereof, the following: "Section 32. Be it further enacted hy the authority aforesaid, That the Ordinary of sai<l County when presiding as Chairman, or while acting as a member of said Board, shall be paid the sum of two dollars per day for the time actually engaged.''
Section 2. By adding the following Sections to said bill: Section 33. Be it further enacted by the authority aforesaid, That before the provisions of this Act shall become operative, it shall be first sub. mitted to the qualified voters of Appling County for ratification at an election to be called for that purpose by the Ordinary of said County at some date not later than October lOth, nor earlier than September 20th, 1913, and if a majority of the votes at said election are cast in favor of the ratification of the provisions of this Act the same shall become operative as therein provided. At said election those desiring to vote in favor of said Act shall have printed or written on their ballots, ''For ratificat~on of Board of Commissioners'' and those desiring to vote

658

JOURNAL OF THE SENATE,

against said Act shall have written or printed on their ballots ''Against the ratification of Board. of Commissioners.'' Said election shall be held as now provided by law for holding elections except that the returns thereof shall be made to the Ordinary of said County, and the said Ordinary shall declare the result of said election.
Section 34. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

By Mr. Spence-
A bill to amend an Act establishing a City Court in the town of Pelham in the County of Mitchell and for other purposes.
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. Loyd-
A bill to create the office of Commissioner of Roads and Revenues for the County of Newton 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.

FRIDAY, AuGusT 8, 1913.

659

By Messrs. Garlington and Olive-
A bill to provide secret ballot in Augusta, Georgia in all elections for members of Council.
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. Evans-
A bill to amend an Act to establish the City Court of Sylvania in and for the County of Screven.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0; the bill h-aving received the requisite Constitutional majority, was passed.

By Messrs. Taylor and Coleman-
A bill to amend the charter of Dublin.
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. Brookshear-
A bill to amend the Act of 1912 as set forth on Page 494, approved August 19, 1912, as to add to the provisions the County of Lumpkin.
Report of the Committee was agreed to.

660

JouRNAL oF THE SENATE,

Upon the passage of the bill the ayes were 27, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Lipscomb-
A bill to amend the charter of Athens.
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. Carter-
A bill to abolish the Board of Road and Bridge Commissioners for Appling 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.

By Mr. Burney-
A lbill to amend an Act to establish the City Court of Madison.
Report of the Committee was agreed ta.
Upon the passage of the bill the ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed.

FRIDAY, AuousT 8, 1913.

661

By Messrs. Wimberly, Fowler, Miller-
A bill to prevent the pollution of the waters of the Ocmulgee River.
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. Mills-
A bill to repeal an Act to establish the City Court of Flovilla.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays 0; the bill having reoeived the requisite Constitutional majority, was passed.

By Mr. Shipp-
A bill to abolish the City Court of Pulaski.
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. Ballard-
A bill to create a new charter for the town of Harlem.
Report of the Committee was agreed to.

662

JouRNAL OF THE SENATE,

Upon the passage of the bill the ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Pickett-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for TerreH County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. McCurry-
A bill to change the time of holding of the Superior Court in Hart County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Ellis-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Tift.
Report of the Committee was agreed to.
Upon the passage of the hill the ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed.

FRIDAY, AuausT 8, 1913.

663

By Mr. Slater-
-A. bill to repeal an Act to create the City Court of Pembroke.
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. Slater-
A bill to create the County Court of Bryan County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Jackson-
A bill to incorporate the town of Robertstown.
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. Whitaker-
A bill to repeal an Act to provide for a County Board of Commissioners for the County of Heard.
Report of the Committee was agreed to.

664-

JouRNAL o'F THE SENATE,

Upon the passage of the bill the ayes were "27, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Whitaker-
A bill to create the office of Commissioners of Roads and Revenues for Heard County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Cheney-
A bill to amend the Act incorporating the City of Marietta.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were ao,
nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Dorough-
A bill to provide for holding four terms a year of the Superior Court of Franklin 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.

FRIDAY, AuousT 8, 1913.

665

By Mr. Arnold-
A bill to amend an Act to establish the City Court of Lexington. .
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. Arnold-
A bill to change the time of holding the Superior Court of Oglethorpe County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Smith-
A bill to repeal all laws incorporating the City of Manchester, to incorporate the City tmder the name of College Park.
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. Spence-
A bill to incorporate the Camilla School District in the City of Camilla.

666

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 th.e requisite Constitutional majority, was passed.

By Mr. Wisdom of Forsyth-
A bill to amend Section 3 of an Act entitled an Act to abolish the office of Commissioners of Roads and Revenues in Forsyth 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.

By Mr. Lipscomb-
A bill to amend an Act creating City Court of Athens.
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. Moon-
A bill to amend the Act establishing the City Court of LaGrange.
Report of the Committee was agreed to. Upon the passage of the bill the ayes were 29,

FRIDAY, AUGUST 8, 1913.

667

nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Miller-
A bill to amend Paragraph 1 of Section 13 of Article 6 of the Constitution of Georgia regulating the salary of Judges of the Superior Courts of this State.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

ThoS'e voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Omverse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kell'y, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olli1f, W .. M.
Parrish, C. H. Perry, Grant D.

Peyton, J. T. Pope, Le, Richardson, C. H. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. MR.. PRESIDENT.

'Tihose not voting were Messrs.-

Ford, L. L.

Rushin, M. E.

Ayes, 41; nays, 0.

Wa.tts, J. N.

The bill having received the requisite Constitutional majority, wass passed and. the bill is as follows:

568

JouRNAL OF THE SENATE,

A biU to be entitled an Act to amend Paragraph 1, of Section 13, of Article 6 of the Constitution of the State of Georgia regulating the salaries of the Judges of the Supreme and Superior Courts by providing for the payment from the County Treasury or" Bibb County to the Judge of the Superior Court of the Circuit of which said County is a part of additional compensation.

Section 1. Be it enacted by the General Assembly of the State of Georgia, That Paragraph 1, of Section 13, of Article 6 of the Constitution of the State of Georgia, as amended by the Act of the General Assembly approved August 3rd, 1910 and duly ratified by the people according to law, be and the same is hereby amended by inserting the word "Bibb" in the proviso contained in said amendment between the words "the Counties of" and the word "Chatham'' so that said proviso so amended by this amendment shall read as follows:

Provided, however, that the Counties of Bibb, Chatham, Fulton and Richmond shall pay from their respective County Treasuries to the Superior Court Judges of the Circuit of which they are a part, and the County of Fulton to the Judge of the Stone Mountain Circuit, or the Judge of such other Cir('uit as may hereafter be required to regularly preside therein, for additional services rendered in the Superior Court of Fulton County, such sums as will with the salaries paid each Judge from the State Treasury, make a salary of . $5,000.00 per annum to each Judge, and said payments are de-

FRIDAY, AuGUST 8, 1913.

669

clared to be a part of the Court expenses of such Counties, such payments to be made to the judges now in office as well as their successors.
Section 2. Be it further enacted, rrhat if this Constitutional amendment shall be agreed to by twothirds of the members of the General Assembly of each Hous~, the same shan be entered on each Journal with. the ayes and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the newspapers in each Congressional District for two months immediately preceding the next general election, and the voters thereat shall have written or printed on their ticket, ''For ratification of amendment to Paragraph 1, Section 13, Article 6 of the Constitution'' (providing for additional compensation of the Superior Court Judge in Bibb Superior Court) or "against ratification of amendment to Paragraph 1, Section 13, Article 6 of the Constitution'' (against providing additional compensation for the Superior Court Judge in Bibb Superior Court) as they may choose, and if a majority of the electors qualified to vote for members of the next General Assembly shall vote in favor of ratification, then said amendment shall become a part of Article 6, Section 13, Paragraph 1 of the Constitution of this State, and the Governor shall make proclamation thereof.
Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The following House bills were read the first time:

670

JouRNAL o:F THE SENATE,

By Mr. CollinsA bill to incorporate the town of Reno in Grady
County.
Referred to the Committee on Corporations.

By Mr. WoodA bill to amend the Act approved P,ecember 6th,
1900 to incorporate the City of Swainsboro. Referred to the Committee on Corporations.

By Messrs. Wimberly and Miller-
A bill to amend an Act to create a new charter of Macon, approved November 21, 1893.
Referred to the Committee on Corporations.

By Mr. Harrington-
A bill to incorporate the town of Wesley in Emanuel County.
Referred to the Committee on Corporations.

By Mr. McRaeA bill to establish a system of public schools for
the town of Scotland. Referred to the Committee on Education.

By Mr. Myrick-
A bill to repeal an Act to assist the Georgia Infirmary, approved December 13, 1871.

FRIDAY, AUGUST 8, 1913.

671

Referred to the Special Judiciary Committee.

By Mr. Miller-
A bill to abolish the Justice Courts and Offices of Justices of the Peace and Notaries Public and ExOfficio Justices of the Peace in the City of Macon, and create in lieu thereof a Municipal Court.
Referred to General Judiciary Committee.

By Mr. Neal-
A bill to amend the several Acts, approved Feb. 26, 1874, Oct. 22, 1889, and July 24, 1909 creating the Board of Commissioners of Gordon County.
Referred to Committee on Counties and County Matters.

By Mr. Akin-
A bill. to amend the Act approved August 13th, 1910 regulating the running of automobiles in this State.
Referred to the Committee on Finance.

By Mr. Martin-
A bill to amend an Act approved August 19, 1912 creating the office of Commissioner of Roads and Revenues of Dodge County.
Referred to Committee on Counties and qounty Matters.

()72

JouRNAL OF_THE SENATE,

By Mr. Clements-
A bill to repeal" an Act approved August 19th, 1913 to incorporate the City of Osierfield in Irwin County.
Referred to Committee on Corporations.
The following Senate bill was taken up as unfin-ished business, was read the third time and put upon its passage :

By Mr. McGregor-
A bill to empower the Governor to declare positions of Trustees or Directors of State Institutions vacant under certain circumstances.
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 Constitutional majority, was passed as amended and the amendments are as follows: Amend by striking out three-fourths of the Trustees of the Board and inserting in lieu thereof the words, a majority of the Board; amend by adding at the end of Section 1 the following proviso, that before removing any such member he shall be given notice by the Governor and an opportunity to be heard in his defense.
By unanimous consent, the following Senate bill was read the second time and recommitted:

By Mr. Gower-
A bill to amend an Act creating a new charter for the City of Cordele and for other purposes.

FRIDAY, AuousT 8, 1913.

673

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

By Mr. Sweat-
A bill to require school attendance or instruction of children of specified ages in this State.
On motion, the Senate adjourned until 3 o'clock this P. M.

'l'he Senate met punmunt to adjournment at 3 o'clock P. M., and was called to order by the President.
On motion, the roll call was dispensed with.
By unanimous consent, the following bill of the Senate was read the third time and put upon its passage:
By Mr. ElkinsA bill to establish a system of public schools in the
town of Alamo. Report of the Committee was agreed to. Upon the passage of _the bill the ayes were 31,
nays 0; the bill having received the requisite Constitutional majority, was passed.
The fol1owing report of the Committee on Rules was read and adopted:

674

JoURNAL OF THE SENATE,

.August 8, 1913.

Mr. President:
Your Committee on Rules recommends that a regular session of the Senate be held on Saturday (tomorrow) morning and that when the Senate adj.ourns at the exclusive morning session tomorrow it shall stand adjourned until the regular time on Monday morning.
B. S. MILLER, Vice-Chairman.

The following message was received from the House through Mr. Boifeuil1et, the Clerk thereof:

Mr. President:
The House bas passed by the requisite Constitutional majority, the following resolution and bills of the House, to-wit:
A resolution to authorize the Governor to borrow money to supply deficiencies.
A bill to provide for the electiQil of United States Senators by the people.
A bill to amend an Act amending the various .Acts incorporating the City of Dalton.
The House bas passed as amended by the requisite Constitutional majority, the following bill of the Senate:
A hill to regulate the practice of medicine in this State.

FRIDAY, Auaus.r 8, 1913.

675

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

By Mr. Sweat-
A bill to require school attendance of instruction of children of specified ages and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Bulloch, R. 0. Burtz, A. H. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Harrell, G. Y. Huie, G. M. Irwin, M. D. .Tones, W. W.

J:ohnson, J. F. Kelly, 0. L. Longino, J. T. Miller, B. S. Moore, J. H. Olliff, W. M. Peyton, J. T. Pope, Le, Richardson, C. H.

Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M.

Those voting in the negative were Messrs.-

Allen, John T.

.Jones, S. E.

Brown, John W. L. Kea, Fred,

Converse, W. L. McGregor, C. E.

Hixon, J. T.

McNeil, W. D.

Parrish, C. H. Perry, Grant D. Spinks, W. E.

Those not voting were Messrs.-

Bush, W. J.

Ford, L. L.

Chennault, N. B. Foster, A. H.

Watts, J. N.

Ayes, 27; nays, 11.

The bill having received the requisite Constitu-

676

JouRNAL OF THE SENATE,

tional majority was passed as amended, and the amendments is as follows:
Amend by ad<ling the following words after the word offense in line 5 of Section 2, or by imprisonment in the common jail of the County when said cause is tried not to exceed 90 days in the discretion of the Court or by fine and imprisonment in the discretion of the Court. Not to exceed the amount and time herein named.
This bill was ordered immediately transmitted to the House.
The following Senate bill was read the first time:

By Mr. Miller-
A bill to so amend the Constitution of Georgia as to provide for the levy of a special tax for the years 1915 and 1916.
Referred to Committee on Constitutional Amendments.
Mr. Harrell, Chairman of the Committee on Constitutional Amendments, submitted the 'following report:

Mr. President:
Your Committee on Constitutional Amendments have had under consideration the following Senate bills which I am as their Chairman instructed to report back to the House with the recommendation that same do pass, to-wit:

!l~IDAY, AuGusT 8, 1913.

677

A bill to so amend the Constitution as to provide for pro rata ad valorem tax levy for pensions of the State.

A bill to so amend the Constitution as to provide the pro rata ad valorem tax levy for the common schools of the State.
Respectfully submitted,
G. Y. HARREI~L, Chairman.

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

By Mr. Peyton-
A bill to amend an Act approved August 17th, 1908 to require all railroads to equip their engines with electric headlights and for other purposes.
Report of the Committee was disagreed to and the bill was lost.

By Mr. Hixon-
A bill to more thoroughly carry into effect the provisions of an Act to prevent the adulteration and and misbranding of food for man or beast.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 31, nays 0; the hill having received the requisite Constitutional majority, was passed.

678

JOURNAL OF THE SENATE,

By Mr. Harrell-
A bill to create and authorize the appointment of Notaries Public for the State at large.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Messrs. Pope and Olliff-
A bill to amend Section 112 of the Code of Georgia of 1910.
On motion, this bill was tabled.
On motion, the following Senate bill was read the first time:

By Mr. Elkins-
A bill to amend Section 2584 of the Code as the sanie stands amended by Act approved August 10, 1910 entitled an Act to amend Section 2166 of the Code.
Referred to the Special Judiciary Committee.
The following House hills were read the first time:

By Mr. HardemanA bill to provide for the election of United State
Senators by the people. Referred to the General Judiciary Committee.

FmnAY, AuGUST 8, 1913.

679

By Mr. Berry-
A bill to amend an Act approved February 24,1874 to consoliuate and amend the various Acts incorporating the City of Dalton.
Referred to the Committee on Corporations.
The following House resolution was read the first time:

By Mr. Slater-
A resolution to authorize the Governor to borrow upon reasonable terms money to supply deficiencies.
Referred to Committee on Finance. By unanimous consent, the following Senate bills were read the first time :

By Mr. Foster-
A bill to repeal an Act approved August 6, 1903, which said Act vested in the ordinary of Walton County powers exercised by law over County Matters which said Act repealed an Act approved December 3, 1896.
Referred to Committee on Counties and County Matters.

By Mr. Foster-
A bill to create a Board of Commissioners of Roads and Revenues for Walton County.

680

JouRNAL OF THE SENATE,

Referred to Committee on C'ounties and County Matters.
Senators J-ohnson and Dickey were granted leave of absence until Monday at 10 o'clock.
On motion, the Senate adjourned until tomorrow morning at 10 o ~clock.

SATURDAY, AuGUST 9, 1913.

681

SENATE CHAMBEB, ATLANTA, GA.,
Saturday, August 9th, 1913.

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 :

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Oonverse, W. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie. G. M:.

Irwin, M. D. Jones, S. E. Jones, W. W.
Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Tuiner, S. M. Tyson, C. ll. Watts, J. N.
MR. PRESIDENT.

Those absent were Messrs.-

Dickey, R. L.

Johnson, J. F.

An motion, the reading of the journal was dispensed with.

Mr. Rushin, Chairman of the Committee on Counties and County Matters, submitted the following report:.

Mr. President: The Committee on Counties and County Matters

682

JoURNAL OF THE SENATE,

has had under consideration the following House bills, which it instructs me to report back with the recommendation that they do pass, to-wit:
A bill to repeal Act creating Commissioners of Washington County.
A bill to amend Act creating Office of Commissioners for Dodge County.
A bill to amend Act relating to Board of Commissioners of Gordon County.

The committee has also had under consideration the following bill of the House, which it instructs me to report back with the recommendation that it do pass as amended, to-wit:
A bill to ~reate a Board of Commissioners for Washington County.
Respectfully submitted,
JOHN H. MooRE, Vice-Chairman.

Mr. Peyton of 31st District, Chairman of the Committee on Railroads, submitted the following report:

Mr. President:
Your Committee on Railroads have had under consideration the following bill of the Senate and instructed me as their Chairman to report same back to the Senate with the recommendation that same do not pass, to-wit:
A bill to make it unlawful for any Railroad Com-

SATURDAY, AuausT 9, 1913.

683

pany to transport upon its trains, passengers who are intoxicated.
Respectfully submitted, J. T. PEYTON Chairman.

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

Mr. Presi~ent:
The General Judiciary Committee has had under consideration the following bill of the House, which it instructs me to report back to the Senate with the recommendation that the same do pass:
A bill to abolish the Justice Courts and Offices of Justices of the Peace and Ex-Officio Justices of the Peace of the City of Macon and establish in lieu thereof a Municipal Court.
The committee also recommends that the following bills of the Senate do not pass:
A bill to fix the prima facie right to the custody of Children of tender age.
A bill to create the office of Pardon Attorney. Respectfully submitted, W. D. McNEIL, Ohairman.

MINORITY REPORT SENATE BILL N0. 196.
We the undersigned members of the General ~Tudiciary Committee, who favor the biil above referred to, which was reported adversely by said committee,

684

JOURNAL OF THE SENATE,

beg leave to file this, our Minority Report, and for grounds thereof say:
First. That said bill is meritorious and should be enacted into law, as we believe it would be to the best interest, care and protection of the child of tender years up to the age of twelve that the custody of such child should prima facie be in its mother.
Second. Human nature teaches us that the mother, all other things being equal, is in best position to care for and protect her offspring of tender years.
The bill only changes the rule of law now existing from the prima facie or legal presumption in favor of the father, to that of the mother or minor children not over twelve years of age, and it is impossible for us to conceive how any one could contend that the mother is not the snrest and safest custodian of an infant and even of a child from its infancy and during its impressionable season of life up to twelve years.
Wherefore, we earnestly ask that the bill do pass. Respectfully submitted, JNo. T. ALLEN, M.D. IRWIN W. D. McNEIL, A. H. BuRTz, FRED KEA. S. M. TuRNER.

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

SATURDAY, AuousT 9, 1913.

685

Mr. President : Your Committee on Corporations have had under
consideration the following hills of the House and instructed me as their Chairman to report same hack to the Senate with the recommendation that same do pass, to-wit:
A bill to incorporate the town of Reno.
A bill to incorporate the town of Wesley.
A bill to amend the charter of City of Dalton.
A bill to amend the charter of City of Swainsboro.
A bill to repeal the charter of City of Osierfield.
A bill to amend the charter of City of Macon. Respectfully submitted, A. H. BURTZ, Chairman.

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

Mr. President :
The Committee on Education has had under consideration the following bills, to-wit:
(1) Senate Bill No. 66. Providing for establishment and maintenance of an Agricultural District School and Mechanical Arts in the 12th Congressional District of Georgia
I am instructed to report same back with the recommendation that it do not pass.

686

JouRNAL oF THE SENATE,

(2) A bill to incorporate the Davisboro School District (House Bill No. 579).
I am instructed to report this bill back with the recommendation that it do pass.
A. H. FosTER, Chairman.

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

Mr. President:
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the Senate, the following bills of the Senate, to-wit:
A bill t~ empower the Governor to declare positions of Trustees or Directors of State Institutions vacant, under certain circumstances.
A bill to authorize the appointment of Notaries Public for the State at Large.
Respectfully submitted, W. M. OLLIFF, Chairman.

The following Senate resolution was read the second time:

By Mr. Longino-
A resolution to provide for a joint committee on the W. & A. Railroad.
The following House bills were read the second time:

SATURDAY, AUGUST 9, 1913.

687

By Mr. AkinA bill to amend the Act approved August 13, 1910,
regulating the running of automobiles in the State.
This bill was recommitted.

By Mr. Taylor-
A bill to incorporate the Davisboro School District in Washington County.

By Mr. Collins-
A bill to incorporate the town of Reno in Grady County.

By Mr. Neal-
A bill to amend the several Acts approved respect~vely, February 26, 1874, October 22, 1889 and July 24, 1909, creating a Board of Commissioners for Gordon County.

By Mr. Martin-
A bill to amend an Act approved August 19th, 1912, being an Act to create the office of Commissioners of Roads and Revenues for Dodge County.

By Mr. Herrington-
A bill to incorporate the town of Wesley in Emanuel County.

688

JouRNAL OF THE SENATE,

By Messrs. Wimberly and Miller-
A bill to amend the Act to create a new charter for the City of Macon, approved November 21, 1893.

By Mr. Clements-
A bill to repeal an Act approved August 19th, J912, to incorporate the City of Osierfie]d in Irwin County.

By Mr. Wood-
A bill to amend an Act approved December 6th, 1900, incorporating the City of Swainsboro.

By Mr. Berry-
A bill to amend an Act approved February 24, 1874, to consolidate and codify the several Acts incorporating the City of Dalton.

By Mr. Miller-
A bill to abolish the Justice Courts and the offices of Justices of the Peace, Notaries Public, and ExOfficio Justices of the Peace of the City of Macon, and create in lieu thereof a Municipal Court.
The following Senate bills were read the second time and recommitted:

By Mr. Elkins-
A bill to amend Section 2584 of the Code, amended by ~e Act approved August 10, 1910.

SATURDAY, AuGUST 9, 1913.

689

By Mr. HuieA bill to amend Section 2584 of the Code. The following Senate bill was taken up with House
amendments and the amendments were concurred in:

By Mr. Richardson-
A bill to regulate the practice of medicine in this State and for other purposes. rrhe amendments are as follows:

MEDICAL PRACTICE BILL.
Senate Bill No. 104. Amendments adopted on the passage of the bill in House August 8th, 1913.
Amend by inserting in the first line of the caption after the words ''Act to'' the following words : "Abolish the present State Board of Medical Examiners and to.''
By Mr. Miller of Bibb-
Amend said bill by adding as Section 1, and numbering other sections accordingly.
(1) Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, Sections 1687, 1688, 1689, 1690, 1691, 1692, 1693, 1694, 1695, 1696, 1697 of Volume 1, Code 1910, creating a Board of Medical Examiners and defining their powers and duties be and the same are hereby repealed in their entirety.
Connor of Spalding moves to amend by striking

690

JouRNAL OF THE SENATE,

the word ''eight'' wherever it may appear in said bill and insert in lieu thereof the word ''ten.''
Hopkins of Thomas. Amend Section 2 of the bill by striking from said section the words ''from the latest complete list of members furnished by the Secretaries of the respective State Medical Associations.''
Also amend by striking the words ''Two election physicians" wherever same may appear in said bill and substitute in lieu thereof the words "three electic physicians,'' also amend by striking the words ''One Homeopathic Physician'' and substitute in lieu thereof the words, ''Two Homeopathic Physicians.''
Connor of Spalding moves to am~nd Section 2. by striking the word ''two'' in line nineteen of the printed biU and substitute the word "three" in two years and three in four years.

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

By Mr. Brown-

A bill to amend an Act to amend, consolidate and

supersede the several Acts incorporating the City

of Rome.

,

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 31, nays 0; bi1l having received the requisite Constitutional majority, was passed.

SATURDAY, ~h:-GrsT 9, lH1:3.

691

By Mr. Spinks-
A bill to increase the number of terms of the Superior Court of Paulding 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 ConRtitutional majority, was passed.

The fo11owing Senate hill was read the second time and recommitted:

By Mr. Miller-
A bill to so amend the Constitution of Georgia as to provide for the levy of a special tax for the years 1915 and 1916.
By unanimous consent, the following bill was withdrawn by its author.

By Mr. KeaA bill to provide for the establishment and main-
tenance of an Agricultural School for the 12th Congressional District.
The following Senate resolution was read the second time and adopted :
By Mr. OlliffA resolution looking to the preservation of Fort
Frederick at Frederica upon St. Simons Island.

692

JouRNAL OF THE SENATE,

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

Mr. President:
'rhe House has passed by the requisite Constitutional majority, the following bills of the Senate, to-wit:
A bill to amend an Act to create a new charter for the City of Macon.
A bill to amend the present charter of the town of Arlington.

rrhe House has passed by the requisite Constitutional majority the following bills of the House, towit:
A bill to amend the charter of the town of Martin.
A bill to amend an Act to establish a new charter for the City of Waycross.
A bill to appropriate $20,000 per annum for two years to the State Board of Entomology for the purpose of eradication of Mexican Boll Weevil, etc.
A bill to provide for an inheritance tax.

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

By Messrs. Taylor and Harris-
A hill to <lreate a Board of Commissioners of Roads and Revenues for the County of Washington.

SATURDAY, AUGUST 9, 1913.

693

Report of the committee was agreed to.
Upon the passage of the bilf, the ayes were 25, nays 0; the bill having received the requisite Constitutional majority, was passed as amended and the amendments are as follows:
Amend by adding the following to be known as Section 19, the remaining sections to be numbered accordingly:
Section 19. Be it further enacted, That the Board of Commissioners herein created shall as far as prac- ticable carry out the system now in force of rotating the work of the several gangs among the Road Districts as now constituted until each of such districts shall have received its proportionate part of the work of such gangs as contemplated by said system. To amend further by striking out the word five whereever it appears in Section 19 and inserting in lieu thereof three.

By Mr. Mills-
A bill to repeal an Act to establish the City Court of Jackson, in Butts County.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 31, nays 0; the bill having received the requisite Constitutional majority, was passed by substitute.

By Messrs. Rhodes and Lipscomb-
A bill for the relief of S. J. Cartlege, authorizing County Commissioners to pay claims.

694

JOURNAL OF THE SENATE,

Report of the committee was agreed to.
Upon the passage of the bil1 the ayes were 31, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Ragland-
A bill to create a new charter for Talbotton.
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. ReiserA bill to amend the charter of Springfield.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 25, nays 0; the bi1l having received the requisite Constitutional majority, was passed.

By Messrs. Hopkins and Reese-
A bill to amend the charter of the City of Meigs.
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. HendersonA bill to repeal an Act to create a County Court

SATURDAY, AuousT 9, 1913.

695

in each county in the State of Georgia except certain counties therein mentioned, approved January 18, 1872.
Repert 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. Gower-
A bill to amend an Act amending the charter of Cordele.
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. McRae-
A bill to amend an Act incorporating the town of Scotland.
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 Messrs. Taylor and Harris-
A bill to repeal an Act creating Commissioners of Roads and Revenues of Washington County.
R.eport of the committee was agreed to.

696

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 Messrs. Cooper and Crawley-
A bill to amend an Act establishing the system of Public Schools for the City of Waycross.
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 unanimous consent, the following House resolution was read the second time and recommitted:

By Mr. Slater-
A resolution to authorize the Governor to borrow money to supply deficiencies, upon reasonable terms.
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 resolution of the House:
A resolution to provide for a Commission to investigate the School Text-Book Question.

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

SATURDAY, AuGUST 9, 1913.

697

Mr. President: The House has passed by the requisite Constitu-
tional majority, the following bills of the House:
A bill to allow County Authorities to appoint County Police.
A bill to amend Acts incorporating the City of Marietta.
Mr. Watts, Chairman of the Committee on Public Property, submitted the following report:

Mr. President:
The Committee on Public Property has had under consideration the foliowing Senate resolution, which I am instructed to report back to the Senate with recommendation that the same do not pass, to-wit:
A resolution providing a Joint Commission to receive offers for sale or exchange of the Executive Mansion.
Respectfully submitted, .J. N. WATTS, Chairman.
Mr. Olliff, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing have examined and found properly. engrossed and ready for transmission to the House, the following bill of the Senate, to-wit:

698

JouRNAL OF THE SENATE,

A bill to establish a system of public schools in the town of Alamo.
Respectfully submitted, W. M. OLLIFF, Chairman.

'l'he following Senate bills were read the third time and put upon their passage:

By Mr. Anderson-
A bill to amend Section 2571 of the Code of 1910, as to the number of directors required for Navigation Companies.
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. McNeil-
A bill to amend Section 3955 of the Code of 1910.
Report of the committee was agreed to.,
Upon the passage of the bill the ayes were ~n, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Watts-
A bill to amend an Act of the General A'ssembly, approved Augrist 21st, 1911,.creating the Department of Commerce and Labor, so as to change the title of the stenographer of that department. t-~

SATL'"RDAY, AuausT 9, HllB.

699

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. Hixon-
A bill to provide for the sanitation of bakeries, canneries, restaurants and -hotels 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.-

Allen, John T.

Irwin, M. D.

Brown, John W. L. Jones, S. E.

Bulloch, R. 0.

Jones, W. W.

Burtz, A. H.

Kelly, 0. L.

Bush, W. J.

Longino, J. T.

Chennault, N. B. McNeil, W. D.

Converse, W. L. Moore, J. H.

DuBose, R. T.

Parrish, C. H.

Ford, L. L.

Perry, Grant D.

Foster, A. H.

Pope, Le,

Hixon, J. T.

Richardson, C. H.

Huie, G. M.

Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Wa.tts, J. N.

Those voting in the negative were Messrs.-

Harrell, G. Y. Kea, Fred,

McGregor, C. E. Olliff, W. M.

Those not voting were Messrs.-

Dickey, R. L. Elkins, 0. H.

.Johnson, J. F. Miller, B. S.

Peyton, J. T.

Ayes, 34; nays, 4.

700

JouRNAL OF THE SENATE,

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

By Mr. McNeil-
A bill to require all persons or corporations operating railroads in this State to erect sign boards at certain points along the right-of-way of said roads.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0; the bill having received the requisite Constitutional majority was passed as amended and the amendment is as follows: Amend by striking the word "white" in line 4 of Section 1 and inserting in lieu thereof the word ''sign.''

By Mr. Huie-
A bill to amend Section 2166 of the Code as the same stands amended so as to extend the life of railroad charters.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 25, nays 0; the bill having received the requisite Con- . stitutionaJ' majority was passed by substitute. This biB was ordered immediately transmitted to the House.
The following Hom;e bills were read the first time:

By Messrs. Cooper and Crawley-
A bill to amend the Act establishing a new charter for the City of Waycross, approved August 17, 1909.

SATURDAY, AuousT 9, 1913.

701

Referred to the Committee on Corporat~ons.

By Mr. -Cheney of Cob~
A bill to amend, supersede and consolidate the several Acts incorporating the City of Marietta, so as to create a Commission form of Government.
Referred to the Committee on Corporations.

By Messrs. Swift, Slade and W ohlwender-
A bill to create, provide for and require the payment of taxes on property received by inheritance or succession and for other purposes.
Referred to the Committee on Finance.

By Messrs. Hammack and Slater-
A bill to appropriate $20,000.00 per annum for two years to the State Board of Entomology, $5,000.00 to become immediately available.
Referred to the Committee on Appropriations.

By Mr. Akin-
A bill to a11ow county authorities to appoint County Police.
Referred to the Committee on Counties and County Matters.

By Mr. Hays-
A bill to amend the charter of the town of Martin in Stephens County.

702

JouRNAL OF THE SENATE,

Referred to the Committee on Corporations.
The following House resolution was read the first time.

By Mr. McCrory-:-
A resolution to provide for a Commission to investigate the School Text-Book Commission.
Referred to the Committee on Education.
On motion, the Senate adjourned until Monday morning at 10 o'clock.

MoNDAY, AuausT 11, 1913.

703

SENATE CHAMBER, ATLANTA, GA.,
Monday, August 11th, 1913.

i'he Senate met pursuant to adjournment at 10 o'clock, was cal1ed to order by the President.

Prayer was offered by the Chaplain.
Upon the call of the roll the fo1lowing members answered to their names.

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. },oster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D. .Tones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. 1-<mgino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. 81'. Smith, E. L. Spinks, W. E. Stark. W. W. Swoo.t, J. L. Tarver, .M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

On motion the reading of the journal waS' dispensed with.

The following message was received from His Excellency the Governor, through his Secretary, Mr. Perry, to-wit:

Mr. President:
I am directed by His Exce11ency the Governor to deliver to you.r honorable body a communication in writing, to which he respectfully. invites your consideration.

704

JouRNAL OF THE SENATE,

Special Message
STATE OF GEORGIA,
ExECUTIVE DEPARTMENT.
August 11th, 1913. 'Io THE GENERAL AssEMBLY:
In l:l former message, I declared it to be my purpose to keep you advised of the financial condition of the State.
Today, the total available balance in the Treasury is $75,510.25, of which about twenty-five thousand dollars wil1 be necessary to pay the running expenses of this legislative session. I am paying the State Sanitarium in semi-monthly instal1ments, ani.l on the fifteenth of this month a warrant must be drawn in its favor for about $20,000.00, thus leaving about $.30,000.00 in the Treasury, with no taxes in si~ht until Fall. Each of the other institutions anrl departments of government must be maintained, and you will observe the eondition of the Treasury.
For the first time in thirty years the teachers have not been paid by August, one dollar by the State, and you will perceive that a payment on the Common Sehool fund of even the amount given it by the Constitution would have meant to close the Asylum and prevent the collection of your per diem.
The borrowing power, under the Constitutional Amendment of 1911, is limited to the deficit occas:.. ioned only by delay in the collection of taxes, and

MoNDAY, AuGusT 11, 1913.

705

must be repaid out of the taxes for the year in which the money is borrowed. If, by reason of excessive appropriations, the taxes shall have been exhausted in the fall of the year, the Governor cannot borrow for the purpose of running the Government, since he is not allowed to pay back out of the next year's revenue.
It is appropriate to say that in anticipation of the
passage of the usual resolution empowering the Governor to borrow, I believe I will be able to make satisfactory arrangements with patriotic financiers whose confidence has been increased by the manifest determination on your part to establish the finances of the State on a sound business basis.
It is well to remember that when money is borrowed now, it must be repaid in the fall, and but establishes a new period of postponement of oJ?ligations due to appropriations in excess of revenue.

TAX EQUALIZATION.
I further desire to submit to your consideration as lawmakers, and as representatives of the honor of the State, through whose actions are reflected the intelligence and moral tone of Georgia, the eternal justice of every man and County bearing his proportiona.te part of the public burden. The man worth a hundred dollars who pays his fifty cents is the equal in splendid citizenship with the man who pays thousands in the same proportion.
Mr. Gladstone, after a half century'_s public service, in the great contest which made him for the last time Prime Minister of England, made his fight

706

JOURNAL OF THE SENATE,

under the motto: ''Be just and fear not I'' That splendid spirit and everlasting confidence in the final success of Justice placed him among the immortals.
In your position as representativeS' of the best in the State; as founders of precedents which shall determine the character and welfare of posterity, you have it in your power to disregard the fears of petty misconstruction, and to place upon the statute books a perpetual memorial to your courage and statesmanship.
Why should not each man pay in proportion to the protection he receives from the GovernmentT why should not each County pay according to its tax values V Who can ask without blushing, that any person or section shall be the beneficiary of his own delinquency and the fairness of another T What siren's voice can sing so sweetly as to blind our eyes or close our ears to these fundamental truthsT Sections sparsely inhabited or limited in means may and should receive aid from their more fortunate neighbors, when they have done their part. County lines are but imaginary, separating Georgians only by a fiction, and all should be and I believe are wi11ing to contribute their proportion to the general burden. Legislation accomplishing this purpose, both in regard to visible and invisible property, wiJ: !<O operate as to make the same percentage effective on every citizen, regardless of the County in which he lives. Such a law would not and should not render property taxable at its full value. A fraction of itR worth, if equally returned would be amply

MoNDAY, AuGus.r 11, 1913.

707

sufficient to meet every need of the Sbte. Not one dollar more than is necessary for its economical administration should be exacted from the tax-payer, but his payment should be accompanied with the conS'Ciousness that his neighbor is proportionately bearing his burden.
Another necessary consequence will result from tax equalization. Every citizen should keep constant watch over the expenditure of the public money. As long as he contributes nothing out of .his means, appropriations may be extravagantly made without criticism to every new scheme suggested by a passing popular wave. There is no check on waste, and with a feeling of luxurious generosity, the Legislature is encouraged to give to whomsoever may ask. But when the tax-payer knows that for every dollar appropriated, he must go into his pocket for more money, and there is an immediate contfection .between the expenditure and the draft on his purse, no Representative will vote for any appropriwtion bill without being able to give a good reason for his action. Every citizen, from whatever County he comes, will be equally interested in economy, and in opening the treasury only to causes for which he is willing directly to pay his money.
And then he is on constant guard to see that the money is so utilized as to accomplish the best results. and he will hold to stern account those entrusted with its stewardship to give the public his money's worth.
It is to be remembered that the greatest disparity in the tax returns of the State is not between the city

708

JouRNAL OF THE SENATE,

and rural communities, but between the rural counties themselves. One rural county will make returns three times as much in proportion to values as its neighbors. What sound argument can be offered in favor of this injustice 1 In my opinion, this system has been permitted to continue only because the attention of the people has not been called to it.
The House has wisely pas:sed a bill taxing inheritances. Its direct revenues are problematical, and cannot until tried be made the basis of appropriations. But I am informed that it will prove the best instrumentality for bringing into the treasury taxes from personal property. That has been the experience of States which have tried it. Men with personal property in the shape of bonds, notes, etc., will not like to leave estates evidencing that for years they have esc~ed their civic duties, when after their death the State may collect its dues.
An Equalization Bill, properly enforced, will tend to exact from the delinquent mortgagee a contribution on an equal basis with the land owner.
The report of the Comptroller General shows that for 1912 there were 371,000 less acres of improved land and 143,000 less acres of wild land in Georgia than in 1911. The returns for 1913 indicate a further Rhrinkage of thousands of acres. and if it continues Georgia in a few years will disappear from the map. If these acres have been omitted entirely from the tax digests, no government should permit such unfairness to be visited on the other

MoNDAY, AuGUST 11, 1913.

709

citizens. No system ,should be continued which provides no method for explaining how it came about.
As I have said before, leniency may be shown to the man who pays something from his means for support of government, but the man whose property escapes entirely des'erves less consideration.
Tax equalization does not necessarily mean increase of taxes. The man giving in now more than his due should have his valuation reduced to such proportionate amount as universally enforced will economically support the State. The man who 1s delinquent in this regard should be raised. .
The people can then send Representatives who will spend only such money and for such purposes as their constituents desire. Being aroused to the situation, the tax levy will be entirely and directly under their observation and control.
I submit to you whether under tax equalization, with the tax-rate promptly responding to an appropriation bill, there would or could be a deficit of the size now existing. Without considering the busines:s side of the question, is it not the highest aspiration of a statesman in a democratic government to have every citizen interested in public affairs, with his attention constantly directed to legislative act i, which 1Vill affect the happiness and welfare of his family and posterity 1
In my judgment, any system without authority to equalize between counties, may result in greatrr inequality. Now, the per cent on value of tax returns between counties varies from 16 per cent to 324 per

710

JouRNAL oF THE SENATE,

cent and such system is unthinkable. Equalizatil''' between counties should be established.
No apprehension need be entertained that any system, harsh in itself nor harshly administered will be adopted. Whoever administers it will be Georgians, subject to responsibility to their fellowcitizens. We all yield unhesitating obedience to nature's laws, because they fall impartially upon every man. Contentment will always accompany Justice, and a bill, enforcing this cardinal virtue engraved on our Great Seal, will meet with approval.
You have before you the refunding of the bonds of the State. In the absence of unusual conditions, the price you obtain and the demand they create, will have tremendous influence upon the reputation of the State and the development of its wonderful resources. This responsibility has not fallen upon a Legislature in thirty years. It is peculiarly appropriate that you, upon whom must rest this burden, should establish the State upon a sound financial basis, and show to the world that Georgia, ble;;;sed with a wealth of climate and untold resources, is peopled by a citizenry worthy of those ancestors who embodied in the Constitution the htsting wisdom of the ages.
Respectfully submitted,

Governor

MoNDAY, AuausT 11, 1913.

711

The following House billS' were read second time and recommitted.

By Mr. Akin-
A bill to allow County authorities to appoint County Police.

By Messrs. Swift, Slade and Wohlwender-
A bill to create, provide and require the payment of taxes on property received by inheritance or succession, to fix rates of said tax, etc., and for other purposes.

By Mr. Hardeman-
A bill to provide for the election of United States Senators by the people and filling vacancies in the United States Senate.
j
Mr. Miller, of 24th District, Chairman of the Committee on Finance, submitted the following report:

Mr. President:
Your Committee on Finance have had under Consideration the following House bill and instructed me as their Chairman to report same back to the House with the ~ecommendation that same do pass, by substitute, to-wit:
A bill to i>rovide a s~:stem of equalization of assessments of property for taxation.
Respectfully submitted, B. S. _MILLER, Chairman.

712

JouRNAL OF THE SENATE,

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

Mr. President:
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House, the following resolutions and bills of the Senate, to-wit:
A resolution looking to the preservation of Fort Frederica, St. Simon's Island, by the United States.
A bill to require school attendance of children of a specified age for a minimum period.
A bill to more thoroughly carry into effect the provisions of an Act to prevent the adulteration of food.
A bill to provide for the sanitation of bakeries, eanneries, groceries, etc.
A bill to require railroads to erect sign boards at certain points along right of ways.
A bill to amend an Act approved August 21st. 1911, creating the Department of Commerce and Labor.
A bill to amend Section 3955 of the Code of 1910, so as to permit any trust company to be appointed County Administrator.
A bill to amend Section 2166 of the Code as the same stands amended so as to extend the life of railroad charters.

MoNDAY, AuGuST 11, 1913.

713

A bill to amend section 2571 of the Code of 1910, as to the number of directors required for navigation companies.
A bill to increase the number of terms of the Superior Court of Paulding County.
A bill to amend an Act to amend, consolidate and supersede the several Acts incorporating the City of Rome.
Respectfully submitted, W. M. OLLIFF, Chairman.
Mr. 0. H. Foster, of 27th district, Chairman of the Committee on Education, submitted the following report:

Mr. President :
Your Committee on Education have had under consideration House Bill No. 696, providing for the establishment of a public school system in the town of Scotland, Telfair County, and instructed me as their Chairman to report same back to the House with the rec001mendation that same do pass.
Respectfully submitted, 0. H. FosTER, Chairman.

Mr. President:
The Committee on Finance having reported favorably a substitute for House Bill No. 6, commonly known as the revenue bills or tax measure, we, the undersigned members of said Finance Committee, respectfully dissent from the report and file this; our minority report.

714

JOURNAL OF THE SENATE,

The undersigned believe that this substitute will work a hardship on the people of the State, especially on that class owing from lands.

We further believe that this substitute will not

meet the approval of the people of Georgia and that

it will create discord among the different counties

of the State.



For these reasons we dissent and ask that the
m do not pass as recommended.
Respectfully submitted,
TooMBS DuBosE, N. B. CHENNAULT, W. J. BusH,
c. H. RICHARDSON.

Mr. Elkins, Chainnan of the Committee on Special Judiciary, submitted the following report:

Mr. President:
The Committee on Special Judiciary have 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 assist the Georgia Infirmary, approved December 31, 1871.
A bill to provide for four terms a year of the Madison County Superior Court.
Respectfully submitted, 0. H. El:.KINS, Chairma~.

MoNDAY, AuGusT 11, 1913.

715

Mr. Ford, Chairman of the Committee on Commerce and Labor, submitted the following report:

Mr. President:
Your Committee on Commerce and Labor have had under consideration the following Senate Bill and instructed me as their Chairman to report same back to the House with the recommendation that same do not pass, to-wit:
A bill to regulate the employment of children in certain kinds of labor.
Respectfully submitted, L. L. FoRD, Chairman.

Mr. Peyton, Chairman of the Railroad Committee,

submitted the following report:

'

Mr. President :
The Railroad Committee has had under consideration the following bill of the Senate which it instructS' me to report back with the recommendation that the same do pass, by substitute.
A bill to amend Section 2584 of the Code. Respectfully submitted, J. T. PEYTON, 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.

716

JOURNAL OF THE SENATE,

tional majority the following bilJs and resolutions of the House, to-wit:
A bill to amend an Act to prescribe for the inspection of gasoline, benzine, etc.
A bill to amend Section 1795 of the Code of Georgia relative to inspection of fertilizers.
A bi11 to appropriate $7,500.00 for the Chemical Department of the Department of Agriculture.

A bill to appropriate $10,000.00 to the Department of Agriculture.

A bill to amend Section 2201 of the O>de of 1910 relative to change of name and capital stock of corporations.

A bill to make an appropriation to pay the salaries and expenses of the Pure Food and Drug Department.

A bill to amend an Act to provide for a County Board of Commissioners for Mitchell County.

A bill to amend an Act to incorporate the town of Alston.

A bill to incorporate the town of Geneva.

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

A bill to provide separate books for the recordation of mapS', plans and surveys in certain counties.
A bill to revoke the charter o fthe town of Ranger.

MoNDAY, AuousT 11, 1913.

717

A bill to repeal an Act to incorporate the town of Brooks.
A bill to repeal an Act to create the office of Commissioners of Roads and Revenues for Pulaski County.
A. bill to create the office of Commissioner of Roads and Revenues for Bleckley County.
A bill to create the affice of Commissioner of Roads and Revenues for Pulaski County.
A bill to amend an Act to incorporate the town of Rentz.
A bill to amend an Act to create the Board of Comrmsswners of Roads and Revenues for Clarke County.
A resolution to pay deficiency due the second assistant librarian.
The House has passed by the requisite Constitutional majority the following bill of the Senate.

A bill to amend the charter of Forrest Park.

nhe following Senate resolution was read first time:

By Mr. Anderson~
A reS'olution to amend rule 44 of the Senate relative to immediately transmitting a bill.
T!his resolution was referred to the Rules Committee.

118

.TouRNAL OJ<' THE SENATE,

Mr. Smith moved to disagree to the report of the Committee on the following bill which is adverse to the pa.ssage of the bill.

By Mr. Miller:
A bill to fix the prima facie right of the custody of children of tender age.
Report of the Committee was disagreed to and the bill was read second time.
The following House bills read first time.

By Mr. Hardeman of J effersonA bill to appropriate $340.98 to pay deficiency
due the assistant librarian. Referred to Committee on Appropriations.

By Messrs. Wimberly of Bibb, and Kimbrough of Harris---:.
A bill to appropriate the sum of seven thousand five hundred dollars for the department of Agriculture for the Chemical Department.
Referred to Committee on appropriations.

By Mr. Rhodes of Clarke-
A bill to amend the Act to create the .Board of Commissioners of Roads and Rev~nues for Clarke County.
Referred to Committee on Counties and County Matters.

MoNDAY, AuGUST 11, 1913.

719

By Mr. Akin, of Glynn-
A bill to amend an Act entitled an Act to prescribe for the inspection of gasoline, benzine and napthas, etc.
Referred to Committee on General Judiciary.

By Mr. Spence of Mitchell-
A bill to amend an Act approved August 13, 1907, entitled ''An Act to amend ~m Act to provide for a County Board of Commissioners for the County of Mitchell."
Referred to Committee on Counties and County Matters.

By Mr. Akin of GlynnA bill to amend 2201 of the Code of Ga. Referred to General Judiciary Committee.

By Mr. Shipp of Pulaski-
A bill to create the office of Commissioners of Roads and Revenues for Blackley County.
Referred to Committee on Counties and County Matters.

By Messrs. Taylor and Coleman of Laurens-
A bill to amend an Act entitled an Act to incorporate the town of Rentz.
Referred to Committee on Corporations.

720

.JouRNAL OF THE SENATE,

By Mr. Myrick of Chatham-
A bill to provide separate books for the recordation of maps, plans and surveys, to provide means thereof.
Referred to General Judiciary Committee.

By Mr. Redwine of Fayette-
A bill to create a new Charter for the town of Brooks in Fayette County.

By Mr. Brooks of WilkesA bill to appropriate $10,000 to the department of
Agriculture.
Referred to Committee on Appropriations.

By .Mr. Hopkins of rl,homas-
A bill to amend Section 1795, Volume 1 of the Code of Georgia of 1910, etc.
Referred to Committee on Appropriations.

By Messrs. Swift, Slade and Wohlwender of Muscogee-
A bill to amend the charter of Columbus.
Referred to Committee on Corporations.

By Mr. Greene of Houston-
A biU to appropriate a sufficient. sum of money for the purpose of paying the salaries of the pure food and drug department.

MoNDAY, AuausT 11, 1913.

721

Referred to Committee on Appropriations.

By Mr. Neal of Gordon-A bill to revoke the Charter of Ranger. Referred to Committee on Corporations.

By .Mr. Johnson of MontgomeryA bill to amend an Act incorporating the town of
Alston in Montgomery. Referred to Committee on Corporations.

By Mr. Shipp of Pulaski-
A bill to create the office of Commissioners of Roads and Revenues of Pulaski.
."
--Referred to Committee on Counties and County Matters.

By Mr. Ragland of TalbotA bill to i~corporate the town of Geneva in Talbot
County.
Referred to Committee on Corporations.

By Mr. Redwine-
A bill to repeal an Act to incorporate the town of
Brooks in Fayette County.

B-y Mr~ Shipp of Pulaski--,-
A bill to repeal an Act to create the office of Corr1

722

JoURNAL OF THE SENATE,

missioners of Roads and Revenues for Pulaski County.
Referred to Committee on Counties and County Matters.

By Messrs. Slade, Swift and Wohlwender-
A bill to provide for a Commission Form of Government for the City of Columbus and for other purposes.
Referred to the Committee on Corporations.
By unanimous consent the following House bills were read second time.

By Mr. Myrick-
A bill to repeal an Act entitled an Act to assist 11:& Georgia .Infirmary, 1Approved December 13, 1871.

By Mr. McRae-
A bill to esta:blish a system of Public SchoolS' for the town of Scotland.

By Mr. Thompson-
A bill to provide for four termS' of the Superior Court of Madison County.

By Mr. McCrory-
A resolution to provide for a Commission to investigate the !!!Chool book condition.

MoNDAY, AuGUST 11, 1913.

723

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

Mr. President:
The House has passed by the requisite Constitutional majority the following bill of the House:
A bill to provide for a Commission Form of Government for the City of Columbus, Ga., in lieu of the aldermen, etc.
The following Senate resolution was read third time and put upon its passage.

By Mr. Longino-
A resolution providing for a joint Committee on the lease of theW. & A. Railroad.
Mr. Harrell offered the following amendment by adding the Railroad Commission to the Committee and on this amendment the ayeS' and nays were ordered and the vote is as follows:

Those voting in the affiirm.ative were Messrs.-

Bush, W. J. Elkins, 0. H. Foster, A. H. Harrell, G. Y. Irwin, M. D.

Jones, S. E. Jones, W. W. Johnson, J. F. MeGregor, C. E. Olliff, W. M.

Perry, Grant D. Rushin, M. E. Searcy, W. E. H. Sr. Sweat, J. L.

ThoS'e voting in the negative were Messrs.-

Allen, John T. Burtz, A. H. Chennault, N. B. Converse, W. L. DuBose, R. T.

Hixon, J. T.
Huie, G. M. Kea, Fred, Kelly, 0. L. Longino, J. T.

McNeil, W. D. Miller, B. S. Parrish, C. H. Peyton, J. T. Pope, Le,

'/24

JouRNAL OF THE SENATE,

Riohardson, C. H. Smith, E. L. Spinks, W. E.

Stark, W. W. Tarver, M. C. Taylor, G. W.

Turner, S. M. Tyson, C. M. Watts, J. N.

Those not voting were Messrs.-

Brown, John W. L. Dickey, R. L.

Bulloch, R. 0.

Ford, L. L.

Ayes 14, nays 24.

Moore, J. H.

The amendment was lost.

On the passage of the bill the ayes were 35', nays 0; the bill having received the requisite Constitutional majority was passed by substitute.

By unanimous consent the following resolution was read and adopted.

By Mr. T'aylor-
A resolution requesting the House of Representatives to return to the Senate House Bill No. 556, Which was passed by the Senate, for a correction. :
The following Senate bill was read third time and put upon its passage:

By Messrs. Hixon, Bush and Others-
A bill to declare it a misdemeanor to draw and utter a check, draft or order whenever the drawer at the time has insufficient funds to meet the same.
Mr. Smith offered the following amendment by inserting in the third line of t})e first paragraph of said Section the words shall and draw the words with intent to d,efraud.

MoNDAY, AuGUST 11, 1913.

725

On this amendment the ayes and nays were ordered and the vote iS' as follows:

Those voting in the affirmative were Messrs.-

Burtz, A. H. Elkins, 0. H. Harrell, G. Y. Irwin, M. D.

Kea, Fred,

Smith, E. L.

McGregor, C. E. Spinks, W. E.

Searcy, W. E. H. Sr. Tarver, M. C.

Thos'e votinp: in the negative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Ford, L. L. Foster, A. H. Hixon, J. T.

Huie, G. M. Jones, S. E. Jones, W. W. Johnson, J. F. Kelly, 0. L. Longino, J. T. McNeil, W. D. Olliff, W. M. Parrish, C. H. Perry, Grant D.

Peyton, J. T. Pope, Le, Richardson, C. H. Rushin, M. E. Stark, W. W. Sweat, J. L. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, .T. N.

Those not voting were Messrs.-

Miller, B. S.

Moore, J. H.

Ayes 10, na:ys 31.

The amendment was lost.

Report of the Committee was agreed to.

On the passage of the bill the ayes and nays were ordered and the vote is as follows.

Those voting in the affirmative were Messrs.-

Allen, John T.

Chennault, N. B.

Brown, John W. L. Converse, W. L.

Bulloch, R. 0.

DuBose, . R. T.

Bush, W. J.

F08ter, A. H.

Hixon, J. T. Hnie, G. M. Jones, S. E. .Tones, W. W.

726

J OUBNAL OF THE SENATE,

Johnson, J. F.
Kea, Fred, Kelly, 0. L. Longino, J. T. Olliff, W. M. Parrish, C. H.

Perry, Grant D. Peyton, J. T. Pope, Le,
Richardson, C. H. Rushin, M. E. Stark, W. W.

Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M.
Watts, J. N.

Those voting in the negative were Messrs.-

Burtz, A. H. Dickey, R. L. Elkins, 0. H. Ford, L. L.

Harrell, G. Y. Irwin, M. D. McGregor, C. E. McNeil, W. D.

Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E.

Those not voting were Messrs.-

Miller, B. S.

Moore, J. H.

Ayes 30, nays 11.

The bill having received the requisite Constitutional majority was passed as amended and the amendment is as follows: After the word ''order'' at the end of the fourth line of Section 1, the words for present consideration.

By Mr. McNeil-
A bill to amend Section 414 of the Penal Code adopted, August 15, 1910, prohibiting the running of freight trains on Sunday.
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 pas'sed, as amended and the amendment is as follows:

MoNDAY, AuousT 11, 1913.

727

Amend by striking the words ''or cars'' in Section 5, line 6.

By Mr. McNeil-
A bill to repeal Section 31 of the General Insurance Act known as Hill Bill No. 752
Upon the passage of the bill the ayes were -, nays 0 ; the bill having received the Constitutional majority, was passed by substitute.

By Mr. Brown-
A bill to amend an Act of the General Assembly of Georgia approved August 17th, 1908, creating the State Board of Veterinary Examiners in the State of Georgia.
Report of the Committee was agreed to~
Upon the passage of the bill the ayes were 23, nays 0; the bill having received the requisite Constitutional majority was passed.
By Mr. Huie-
A bill to amend Section 5298 Volume 1 of Code of 1910, relating to garnishment.
On motion the Senate adjourned until this afternoon at 3 o'clock.

The Senate met pursuant to adjournment at: 3' o'clock, was called to order by the President :

728

JouRNAL oF THE SENATE,

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

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D.
.rones, S. E.
.Jones, W. W. .Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, R.ichardson; C. H . Rushin, M. E. Searcy, W. E. H. Sr . Rmith, E. L. Spinks, W. E. Rtark, W. W. Rwea.t, J. L. Tarver, M. C.
Taylor; G. W. Turner, S. M. Tyson, C. M. Watfs, J. N.
MR. PRESIDENT.

The following Report of the Rules Committee was read and adopted:

Mr. President :

Y'Our Committee on Rules recommend the adopc tion of the following:

1. That no General House Bills pass~ by the. House after today shaH be acted on or referred to Committees of the Senate, but shall be tabled until the next session of the General Assembly, at which time they. shall be taken up for their first reading and for reference to committees.

2. That the session of the Senate this afternoon

for the consideration of the tax bill shall be from 3

p. m. until. 7. p~ m. unless said Bill is sooner disposed

of.

:,:

MoNDAY, AuGUST 11, 1913.

729

T!he following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. Pre.sident :
T'he House has passed by the requisite Constitutional majority the following bills and Resolutions, to-wit:
A bill to amend Section 887 of the Code of Georgia, adopted August 15th, 1910.
A bill to create a new Charter for the town of Gibson in the County of Glasscock.
A bill to create and organize the Commissioners of Chatham County who shall be ex-officio judges.
A bill to 3Jlllend Section 1811, Volume 1 of the Code of Georgia of 1910, providing for the compensation of the General Oil Inspector.
A resolution to appropriate certain money to J. H. Oxford, Crouch and Collier, et al.
A resolution to pay the expenses of Ron. T. H. Kimbrough as a member of Cotton Tare Committee in attending convention in Washington, D. C., and Raleigh, N. C.

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

Mr. President:
The House has agreed to the Senate amendments to the fo1lowing Bills of the House, to-wit:

730

JouRNAL OF THE SENATE,

A bill to create and establiS'h the County Court of Bryan County.
A bill to create a Board of Commissioners of Roads and Revenues for Appling County.
A bill to create a Board of Commissioners of Roads and Revenues in and for Coffee County.
A bill to authorize working of streets of towns in Macon County by County chain-gang.
A bill to amend Section 950 of Volume one of the Code of 1910, to provide the occupation tax for corporations and beginning 1914.
A bill to amend an Act to provide and establish a new charter for the City of Waycross approved August 17, 1909.
A bill to create a Board of Commissioners of Roads and Revenues for the County of Washington.
A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues in and for Coffee County, Georgia.
A bill to create a new charter for the town of McCaysville in Fannin County, Georgia.

The House has agreed to the Senate substitu~e to the following Bills of the House to-wit:

A bill to repeal an Act entitled an Act to estab-

lish the City court of Jackson, in and for the County

of Butts.

. . . ' -

.

.

A bill to provide for the holding of primary elec-

MoNDAY, AuausT 11, 1913.

731

tions in the City of Savannah for the selection of Mayor and Aldermen, and to fix the rules for holding same.
The House insists upon its disagreement to the Senate amendments to the following Bill of the House, to-wit:
A bill to repeal an Act creating the City Court of Quitman.

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

Mr. President:
The Committee on Engrossing have examined and found properly engrossted, and ready for transmission to the House, the following Bills and Resolution of the Senate, to-wit:
A bill to amend Section 414 of the Penal Code adopted August 15th, 1910, prohibiting the running of freight trains on the Sabbath.
A bill to repeal Section 31 of the General Insurance Act.
A bill to amend an Act to create a State Board of Veterinary Examiners, etc.
A resolution providing a commission on the lease of the W. & A. Railroad.
Respectfully submitted,
W. M. OLLIFF, Chail'!lllan.

732

JOURNAL OF THE SENATE,

Mr. Burtz, Chairman of the Co~ttee on Corporations, submitted the following report:

Mr. President:

Your Committee on Corporations have had under consideration the following Bills of the House and instructed me as their Chairman to report s-ame back to the House with the recommendation that same do pass, to-wit:

A bill to provide for a Commission Form of Go,ernment for the City of Columbus.

A bill to amend the charter of the City of Waycross.

A bill to amend the charter of the town of Rentz.

A bill to create a new charter for the town of Brooks.

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

A bill to incorporate the town of Geneva.

A bill to repeal an Act. to incorporate the town of Brooks.

A bill to amend the charter of the town of Alston.

A bill to amend the charter of the town of }(artin:-;

in the County of Stephens.

'

Respectfully submitted,

A. H. BuR'rz, Chairman.

Mr. Olliff, Cha'frman of the Committee on Engrossing: submitted the following report:

MoNDAY, AuousT 11, 1913.

733

Mr. President:
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House the following Bill of the Senate, to-wit:
A bill to declare it a misdemeanor to draw and utter any check, draft or order, when the drawer has not at the time sufficient funds to meet the same.
Respectfully submitted, W. M. OLLIFF, Chairman.

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

Mr. President:

The House has passed by the requisite Constitutional majority, the following Bill, to-wit:

A bill to regulate the sale of stocks, bonds, debentures and other securities, to provide for the :filing of inform-ation concerning same, to punish violations of the Act.

Mr. McNeil, Chairman of the General Judiciary

Committee, submits the following report:



Mr. President:
,The-,G;eneral Judiciary Committee has had under.
c9n~ide~ation:,the foll~wing bill of the House whl~h
it histructs m~'to report badk to the Senate with the
recommendation that the same do pass, to-wit: t ,...

734

JouRNAL oF THE SENATE,

A bill to provide quarterly terms' of the Superior Court of Walker County.
A bill to amend Section 5645 of the Code of 1910.
A bill to provide for separate books for the recording of maps and surveys.
A bill to provide for the election of U. S. Senators by the people.
A bill to amend the act prescribing for the inspection of gasoline, etc., in this State.
A bill to amend Section 2201 of the Code of 1910. Respectfully submitted, W. D. McNEIL, Chairman.

By unanimous consent the following House bill was recommitted to the Committee on Counties and County Matters.

By Mr. McLendon-
A bill to amend an Act creating the Board of rA>m. missioners of Roads and Revenues for Eearly County.
The following House bill was taken up and read third time and put upon its passage.

By Mr. Lipscomb-
A bill to provide for a system of equalization of assessments of property for taxation in this State.
Report of the Committee was agreed to as amended.

MoNDAY, AuausT 11, 1913.

735

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

Those voting in the affirmative were Messrs.-

Allen, John T.

Huie, G. M.

Brown, John W. L. Irwin, M. D.

Bulloch, R. 0.

J onei!, S. E.

Burtz, A. H.

Johnson, J. F.

Converse, W. L. Longino, J. T.

Elkins, 0. H.

McNeil, W. D.

Ford, L. L.

Miller, B. S.

Foster, A. H.

Moore, J. H.

Harrell, G. Y. - Perry, Grant D.

Hixon, J. T.

Richardson, C. H.

Rushin, M. E. Searcy, W. E. H. Sr. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Turner, S. M. Tyson, C. M. Watts, J. N.

Those voting in the negative were Messrs.-

Bush, W. J. Chennault, N. B. Dickey, R. L. DuBose, R. T.

Jones, W. W. Kea, Fred, McGregor, C. E. Olliff, W. M.

Parrish, C. H. Pope, Le, Smith, E. L. Taylor, G. W.

.Those not voting were Messrs.-

Kelly, 0. L.

Peyton, J. T.

Ayes 29, nays 12.

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

Senate Committee substitute for House Bill No. 6:

A bill to be entitled an Act to regulate the return and assessment of property for taxation in this State; to fix the time for the a:hnual opening and closing'of the tax digests in the several counties in this State; to create and provide for county

736

Jonr::uL oF THE SENATE,

boards of tax assesHors in eaeh county; to fix their compensation; to provide for their appointment and term of office, and to define the-ir duties and powers, and oath of office; to provide for just and adequate returns of property for taxation and secure the equitable valuation thereof and provide a method of arbitration for the adjustment of differences, and fix the powers and compensation of said arbitrators; to create the office of State Tax Commissioner and provide for his appointment, qualification and term anq oath of office; to fix his compensation and provide for his clerical and other necesRary expenses; to define his powers and duties; to provide for the supervision, regula- tion and correction by him of the rounty tax digests, and for other purposeS'.
~h:cTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the several Tax Receivers of this State shall open their books for returns of taxes on the first day of February and shall close the same on the first day of May of each year, and within twenty days thereafter it shall be the duty of the Tax Receiver of each county to present the tax returns of the County for the current year to the Cou~ty Board of Tax Assessors created 'by this Act, for the purpose herein contemplated and provided. The Tax Receiver shall not ,tran:smit copieR of his tax digeRt to the Tax Collector and Ordinary of the County until after thf' Harne Rhall have been finally received and corrected to conform to the final findings of the State Tax Commissioner under

MoNDAY, AuGuST 11, 1913.

737

the provisions of Section 14 of this Act. When the tu returns of any County are :finally adjusted and fixed as provided by said Section 14 of this Act, the Tax Receiver shall forthwith send one copy of the revised and corrected County rrax Digest to the Comptroller-General and one copy each, to the TaxCollector and Ordinary of the county as now provided by law.
SEt'. 2. Be it further enacted by the authority aforesaid, That there shall be and is hereby established in each of the several counties of this State, a Board of County Tax Assessors. Said County Board shall consist of three members to be appointed by the Board of County Commissioners, or by a majority thereo.f, or by the Ordinary in Counties- which have no Board of County Commissioners. The order making such appointment shall be regularly entered upon the record of the Superior Court of the County, and a certificate from the Clerk of the Superior Court reciting said order, and that such persori has taken the oath required by hiw, shall constitute the commission of the members of such County Boards of Tax Assessors and no other or further form of commission shaH be required.

SEc. 3. Be it further enacted by the authority aforesaid, That the members of said County Board of Tax Assessors shall be appointed for a termo f six years and to continue until their successors are duly appointed and qualified, provided, that the first appointment under this Act shall be of one member for two years, one member for four years and one

738

JouRNAL OF THE SENATE,

member for six years, and thereafter the members shall be appointed for a term of six years except in cases of an appointment to fill an existing vacancy. In case of a vacancy in said County Board at any time caused by death, resignation, removal or otherwise, the vacancy shall be filled and the appointment shall be made for the remainder of the unexpired term in the same manner as herein provided for the appointment of the members of the said County Board. The first appointment of the members of said Board in the several counties, shall be as soon as practicable after the passage of this Act and they shall be appointed for terms of office respectively, beginning on the first day of January, 1914.
SEc.. 4. Be it further enacted by the authority aforesaid, That no person shall be qualified to serve as a member of said County Board of Tax Assessors who is not a free-holder and a resident of the county; and if any member of said Board at any time ceases to possess these qualifications it shall operate to vacate his office, and the vacancy shall be filled in the manner hereinbefore provided. The members of said Board shall take an oath before the Judge or the Clerk of the Superior Court of the county to faithfully and impartially perform the duties imposed upon them by this Act, and also the oath required of all civil officers. The members of said Board during the time they hold their office and for one year thereafter, shall be ineligible to hold any State, county or municipal office, hut they may be re-appointed to succeed themselves as members of said Board. They shall be paid as compensation for

MoNDAY, AuausT 11, 1913.

739

their services such an amount as may be fixed from time to time by the Board of County Commissioners, or Ordinary, as the affairs of the County may be ander the jjurisdiction of the one or the ::other, provided that the compensation to be paid said members, shall not be less than three ($3.00) dollars per day each for the time they are in actual discharge of the duties required of them under this Act. The compensation of tlie members of said Board, and such other expenses as may be necessary to be incurred in the performance of the duties of the Board under this Act, shall be paid from the County 'l'reasury in the same manner as other payments by the county are made.
SEo. 5. Be it further enacted by the authority aforesaid, That said County Boards of Tax Assessors shall elect one of their number as Chairman for such term as they shall fix but not to be les's than two (2) years. T'he said Board shall have authority to employ a competent person to serve as Secretary of said Board. He shall keep a record of the proceedings of said Board, and shall receive for his services in this capacity the sum of three ($3.00) dollars per day while actually attending sessions of said Board; the same to be paid out of the County Treasury in the same manner in which other County payments are made. The said Board shall have authority to employ an agent to seek out all unreturned property in the County and bring it to the attention of the Board, and for such services they may allow said agent a commission of ten per cent of the amount of the tax arising to the county from

740

JouRNAL OF THE SENATE,

such unreturned property so discovered and placed on the books by his efforts. T!he commission allowed said agent shall be paid from the County Treasury as a part of the expenses of said Board.
SEc. 6. Be it further enacted by the authority aforesaid, That the said Board of County Tax Assessors in each County shall meet each year within twenty days from the date of the closing of the tax returns for the current year, to receive and inspect the tax returns to be laid before them by the Tax Receiver as hereinbefore provided. It shall be the duty of said Board to examine all the returns of both real and personal property of each tax-payer, and if, in the opinion of the Board any tax-payer has omitted from his returns any property that should be returned or has failed to return any of his property at a just and fair valuation, the said Board shall correct such returns and shall assess and fix the just and fair valuation to be placed on said property and shall make a note thereof and attach the same to such returns. It shall be the duty of said Board to see that all taxable property within the County is asses'sed and returned at its just and fair valuation and that valuations as between the individual taxpayers are fairly and justly equalized so that each tax-payer shall pay as near as may be, only his proportionate share of taxes. When any rmch correctiom;, changeR and equalizations shall have been made by said Board, it shall be the duty of the Boar(l to immediately give "':lotice to any taxpayer of any changes made in his returns, either personally or by leavhig sanie at hi~ residence ~r place 'of bus'i '

MoNDAY, AuGusT 11, 1913.

741

ness, or; in- case of non-residents of the county, by sending said notice through the United States mails to his last known place of address.
If any tax-payer is dissatisfied with the action of said Board, he may, within ten days from the giving of said notice in case of residents, and within twenty days in case of non-residents of the County, give notice to said Board that he demands an arbitration, giving at the same time the name of his arbitrator. The Board shall name its arbitrator within three (3) days thereafter and these two shall select a third, a majority of whom shall fix the assessments and the property on which said ta:x-payer shall pay taxes and said decision shall be final, except so far as the same may be affected by the findings and orders of the State Tax Commissioner as hereinafter provided. The said arbitrators shall be free-holders of the county and shall render their decision within ten days. from the date of the naming of the arbitrator by said Board, else the decision of said Board shall stand affirmed and shall be binding in the premises. The said arbitration shall be had and the said arbitrators shall be compensated in the same manner as is n?W provided for the arbitration of individual tax returns except in so far as the existing law may be modifi.ed by the provisions of this section.

SEc. 7. Be it further enacted by the authority aforesaid~ T:hat it shall be the duty of the County Board Qf Tax Assessors to diligently investigate and inquire into the prop~:tty own.ed' in th~ county for the purpos~ of as~ertaining :what: property; :r~al and

742

JouRNAL OF THE SENATE,

personal, is subject to taxation in the county and to require its proper return for taxation.
The said Board shall have authority to issue subpoenas for the attendance of witnesses and to require the production by any person, of all his books, papers and documents which may throw any light upon the question of the existence or liability of property of any class for taxation. If any witness, so subpoenaed, shall fail or refuse to attend at the time and place mentioned therein or shall refuse to answer questions propounded or shall fail or refuse to produce any such books, papers or documentsf such person shall be cited by said Board to appear before the Ordinary of the County, who shall hear, in a summary way, the reasons or excuses of such person for such failure or refusal, and the Ordinary shall have authority to impose such punishment as for a contempt, as he may see proper, not to exceed a fine of one hundred ($100.00) dollars or imprisonment not to exceed ten days or both, in the discretion of the court.

SEc. 8. Be it further enacted by the authority
aforesaid, That the County Board of Tax Assessors may, by rule or regulation, provide the manner of ascertaining the value for taxation of any property real or personal not appearing in the digest of the preceding year, and in cases where there has been a change of ownership from any cauS'e; it being the purpose and intent of this Act to confer upon the said Board full power and authority to have placed upon the digest of the current year an assessment of

MoNDAY, AuGUST 11, 1913.

743

valuation of all property of every character in the county that is subject to taxation; provided, that nothing contained in this Act shall apply to those persons, firms or corporations who are required by existing laws to make their returns to the Comptroller-General.
SEC. 9. Be it further enacted by the authority aforesaid, That whenever under -the provisions of this Act, any notice subpoenas or writings are requirea to be given or served, the same may be served by any Sheriff of this State or his deputy, or by any lawful constable of this State except as otherwise herein provided; and such officer shall be paid for his services the same fees as are paid officers for serving similar process in civil suits; and the same shall be paid from the County Treasury in the same manner as other payments by the county are made.
SEc. 10. Be it further enacted by the authority aforesaid, That said County Boards of Tax Assessors shall complete their revision and assessment of the returns of tax-payers in their respective counties by July 1st of each year. The Tax Receiver shall then immediately forward one copy of the completed digest to the Comptroller-General of this State, for examination and approval by the State Tax CommiSS19ner.

SEc. 11. Be it further enacted by the authority aforesaid, That the office of State Tax Commissioner is hereby created. He shall be appointed .'by the Governor by and with the approval of the Senate and shall holp office for and during the term of six years

144

,JouRNAL OF THE SENATE,

and until his successor is appointed and qualified. No person shall be appointed or be qualified to hold said office who is not a citizen and free-holder of this State. The said State Tax Commissioner shall be commissioned by the Governor and before entering upon the discharge of his duties, shall take and subscribe before the Governor an oath to faithfully discharge the duties of the office, and to faithfully and impartially equalize the tax valuations of the several counties of this State. The State Tax Commissioner shall be paid a salary of twenty-five hundred dollars per annum. He shall have his office at the State Capitol in connection with that of the Comptroller General and shall devote his entire time to the duties of his office, and in addition to the duties imposed upon him by this Act, he shall alRo act as Assista:at to the Comptroller-General. He shall be provided with a clerk at a salary of not over fifteen hundred ilolhtrR per annum and a stenographer at a salary of not over one thousand ($1,000.) dollars per annum to he employed by the C'omptroller-General. The compenRation of said State Tax Commissioner and the other salaries herein provided for, sha11 be paid from the State Treasury out of funds not otherwise appropriated, and Rhall be hereafter included and provided for in the general appropriation bill with the other expenseR of the State Government.
SEc. 12. Be it further enacted by the authority aforesaid, That the State Tax Commissioner shall investigate all matters of taxation and recommend to the General Assembly through the ComptrollerGeneral from time to time, such changeS' ap.d altera-

.:\ioNDAY, AmaJST 11, 191:3.

745

tio:us in the tax laws of the State as, in his judgment h~ may deem best to bring about a more perfect, adequate, and thorough system of taxation and valuation of property for State and County taxation.
SEc. 13. Be it further enacted by the authority aforesaid, That it shall be the duty of the State T!ax Commissioner to carefully examine the Tax Digests of the several Counties of thiS' State, filed in the office of the Comptroller General, and to conpare said digests for the purpose of ascertaining whether the tax valuation of the various classes of property as made in the respective counties of the State is reasonably uniform aS' between the respective Counties. It is the purpose and intent of this Act to bring about as far as practicable, an equalization
throughout the State of the values of the various
classes of property subject to be tax~d, so that the values fixed in one county shall not be out of due proportion to the values fixed in other counties on ' the same classes of property. If it shall. appear to said _Commissioner that in any. on,e or ~ore of the counties of thi~ State the taxable. values fixed upon ariy. one or more classes of property are not reason~. ably uniform with the values fixed ~lpon the same clllses o_f property in other co~nties, the saiq Com-
niissio~er shall investigate and inquire ~s to tlle
rea.son therefor, and,. after making such investiga-.
tion and comparison, shall have authority to adjust arid e(]ualize the same, either by adding ~-fixed pe_r centum to the County valuation of any class of property in an~r County, if he finds the 0tmrityvaluation was too low, or hydeih1cting- a fixed fier centum

746

JouRNAL OF THE SENATE,

from the county valuation if he finds the county valuation was too high, as may appear to be just and right between the counties ; and the said State Tax Commissioner shall thereupon notify by United 8tates mail the Chairman of the County Board of Tax Assessors of the county affected, that the county valuations upon the classes of property specified in said notice shall be raised or lowered by the per centum fixed by said State Tax Commissioner and the Comptroller-General shall thereupon return to said county its tax digest for correction accordingly.

SEo. 14. Be it further enacted by the authority aforesaid, That upon the giving of any such notice by the State Tax Commissioner of changes or corrections to be made in the County Tax Digest, it shall 'be the duty of the Chairman of the County Board of Tax Assessors of the County affected to call immediately a meeting of said County Board, and at said meeting the said County Board shall correct the county valuation :upon the class or classes of property specified by the State Tax Commissioner, so as to make the same conform to the findings of said Commissioner, by applying uniformly to the specified class or classes of property the fixed per centum of increase or of decrease specified by said Commissioner and by raising or lowering all the individual returns of all the tax-payers of the County upon the specified class or classes of property accordingly.

If the County Board of Tax Assessors is dissatisfied with the changes and corrections' thus ordered

MoNDAY, AuGusT 11, 1913.

747

to be made by the S.tate Tax Commissioner, the Chairman of the County Board may, within ten days from the giving of said notice, notify the State Tax Commissioner that arbitration is demanded on behalf of the County and shall, at the same time give the name and post-office address of the arbitrator so chosen by said County Board. The State Tax Commissioner shall name an arbitrator on behalf o the State within three days from the receipt of such demand for arbitration and the two thus named shall select a third within ten days and if they fail to agree upon a third arbitrator within that time, he shall be named and appointed by the ComptrollerGeneral. A majority of the Board of arbitration thus formed, shall have authority to render an award in the premises. No person shall be named as arbitrator by the State Tax Commissioner and no person shall be selected or appointed as the third arbitrator who is a citizen of or a property owner in the county affected by the arbitration. The said arbitrators shall meet at the county seat of the county demanding the arbitration and shall have all the powers to require the attendance of witnesses and the production of books, papers and documents as are conferred upon the County Board of Tax Assessors within the provisions of Section 7 of thi~ Act, and to enforce obedience to the same by citation before the Ordinary of' the County in the same manner as is therein provided. This session of said arbitrators shall be limited to three days and they
shall meet and render their decisionS' within twenty days from the date of the selection or appointment

748

JouRNAL OF THE SENATE,

of the third arbitrator or otherwise the decision of the State rrax Commissioner in the matter, shall stand affirmed and be final. rrhe decision of the arbitrators when made, shall be final, and upon tht=: rendering of their decesion or upon their failure to make a decision within the time herein limited it shall be the duty of the County Board of Tax Assessors to immediately revise and correct the County valuations in the manner hereinbefore in this section contemplated and provided. The revised and corrected prope:r:,ty valuations thus made, shall be the fixed and legal valuations of property for the payment of taxes, and it shall be the duty of the tax payer to pay his taxes thereon acoordingly. The compensation of S'aid arbitrators shall be seven dollars per day for the time they are actually in session, and they shall be allowed mileage at the rate of five cents per mile for the distance bavelled in going from and returning to their homes by the nearest practicable route. The compensation and mileage of said arbitrators shall be paid one-half by the county and one-half by the State.
SEC. 15. Be it further enacted by the a"lithority aforesaid, That it shall be the duty of the State Tax Commissioner to visit annually t4e several counties in the State for the purpose of familiarizing himself with the character and values of the several classes of taxable property therein, of investigating the works and methods adopted by the Boards of County Tax Assessors and to ascertain wherein existing laws are defective or are improperly or negligently administered and to report the results of his investi-

MoNDAY, AuGusT 11, 1913.

749

gation and the facts ascertained to the Governor through the Comptroller-General from time to time when required by him. the actual expenses of said Commissioner incurred in complying with the requirements of this section shall be paid by the Stat& Treasury from funds not otherwise appropriated.

SEc. l 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Ac-t be, and the same are hereby repealed.
By Mr. Anderson of the first and Mr. Miller of the 24th.
Amendments to Senate Committee Substitute for House Bill No. 6.
1. Amend Section 1 by adding the following:
"The individual returns made by tax-payers to the Tax Receiver, shall be for property held and subject to taxation on the first day of J:anuary previously.''

2. Amend Section 4 by adding the following:
"Upon petition to the Judge lof ~the !Superior Court in term time or at Chambers, by ten or more freeholders of the county that any one or more members of the Board of County Tax Assessors are disqualified under this section, or are not properly and impartially discharging their duties under this Act, or are discriminating in favor of certain citizens or classes of citizens and against others, the said judge shall cite the members of said Board of T'ax Assessors so complained of to appear before him at a time

750

JouRNAL OF THE SENATE,

and place in the county to be fixed in said citation, not less than twenty nor more than forty days from the date of the presentation of said petition, to appear and make answer to said petition. A copy of said petition shall be attached to said citation and service thereof may be made of any Sheriff, Deputy Sheriff or Constable of this State. The officer making the service shall serve copies and return the original petition and citation to the clerk of the Court as other process is now returned. At the time and place fixed in said citation, unless postponed for reasonable cause, the Judge shall hear and determine the matter without the intervention of a
jury and shall render such judgment and order, either dismissing the petition or removing the offending member or members of said County Board of Tax Assessors from office and declaring a vacancy therein as may be right and proper. If either party to the controversy is disS'atisfi.ed with said judgment and order, such party may take the same to the Supreme Court by fast bill of exceptions in the manner provided by Section 5540 of ~he C-ode of 1910."

3. Amend Section 6 by adding the following:
''Before entering upon a hearing, the said arbitrators shall take an oath before the Tax Receiver that they will faithfully and impartially make a true and just assessment of the tax returns and property in question and will determine the matters submitted to them according to law and the justice and equity of the case.''

MoNDAY, AuausT 11, 1913.

751

4. Amend Section 14 by adding the following:
"Before entering upon a hearing, the said a;rbitrators shall take before the Ordinary of the County the same oath as is provided by Section 6 of this Act, to be taken in case of arbitrations of the findings of Oounty Boards of Tax Assessors.''
5. Amend Section 1 by striking out the word "twenty" on the fourth line of the printed bill and ~ubstituting the word "ten." Amend Section 6 by striking out the word "twenty" in the second line of the printed bill and substituting the word "ten."
6. Amend caption by inserting the words "and removal'' between the word ''appointment'' and the word ''and'' in the fourth and fifth lines of the caption of the printed substitute.
The bill was ordered immediately transmitted to the House.
The following Senate bill was read third time and put upon its passage.

By Mr. HuieA bill to amend Section 2584 of the Code of 1910.
. 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 substitute.
On motion the Senate adjourned until tomorrow morning at 10 o'clock.

752

JouRNAL OF THE SENATE;

SENATE CHAMBER, ATLANTA, GA.,
Tuesday, August 12, 1913.

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 fol1owing member~

answered to their names:



Allen, John T. Brown, John W. L. Bulloch, R. 0. Bnrtz, A. H. Bush, W. J. Chennault, N. B. Converse. W. L. Dickey, R. L. DuBose, R. 'I'. Elkins, 0. H. Ford, L. L.
Foster. A. H. Harrell, G. Y. Hixon. J. T. Hnie, G. M.

Irwin, M. D. .Ton&<;, S. E.
.Jones, W. W. Johnson, J. F.
Kea, Fred, Kelly, 0. L. Longino, J. T.
MrGregor, C. E.
McNeil. W. D. Miller, B. S. }Toore, J. H.
Olliff, W. M. Parrish, C. H. Perry, Grant D.
Peyton, J. T.

Pope, Le, Richardson, C. H . Ru~hin, M. E. . Searcy, W. E. H. Sr. Hmith, E. L. Spinks, W. E. Stark, W. W.
sweat, J. L. Tarver, M. C.
Taylor, G. W. Turner, S.M. Tyson, C. M. \Vatts, J. N.
'fR. PRESIDENT.

On motion the reading of the journal was dispensed with.

Mr. 011iff, Chairman of the Committee on Engros'sing submitted the fo11owjng report:

M r .. Presideut:
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House the following bill of the Senate, to-wit:

TUESDAY, AuuusT 12, 1913.

753

A bill to amend Section 2584 of the Code of 1910, relative to the life of railroad charters.
Respectfully, W. M. OLLIFF, Chairman.

Mr. Burtz, Chairman of the Committee on corporations, submitted the following report:

Mr. President:
The Committee on Corporations have had under consideration the following House bills which I am instructed to report back to the Senate with the recommendation that the same do pass as amended, to-wit:
A bill to amend the charter of town of East Ellijay.
A bill to amend and consolidate and supersede the several Acts incorporating the City of Marietta.
The Committee have had under consideration the following House bill which I am instructed to report
to the Senate with the recommendation that the
same do not pas'S, to-wit: A bill to amend the charter of the City of Cordele.
Respectfully submitted, R. H. BuRTz, Chairman.

The following communication was received from His Excellency the Governor, through his Secretary, Mr. Perry:

754

JoURNAL oF THE SENATE,

Mr. President:
I am directed by His Excellency the Governor to deliver to your honorable body a sealed communication to which he respectfully invites your consideration in Executive Session.
Mr. Foster Chairman of the Committee on Education, submitted the following report:

Mr. President:
Your Committee has had under consideration House Resolution No. 30 and I am instructed to report same back with the recommendation that it do pass as amended by the Committee.
Respectfully submitted, A. H. FosTER, Chairman.

rrfue following House Bills read :first time.

By Messrs. Stovall and Kimbrough of Elbert and Harris-
A bill to amend Section 1811, Volume 1 of the Code of 1910.
Referred to Committee on Appropriations.

Mr. M:eS'srs. McCarthy, Shuptrine and Myrick of Chatham-
A bill to create and organize the Commissioners of Chatham County who shall be ex-officio judges, to define their jurisdiction and duties and for other purposes, so as to authorize said commissioners to

TuESDAY, AuGUST 12, 1913.

755

impose other ..duties upon the clerks of the Board and for the performance of such other duties, etc., as may be necessary.
Referred to Committee on Counties and County Matters.

By l\fr. Allen of GlascockA bill to create a new charter for the town of
Gibson.
Referred to Committee on Corporations.

By Messrs. Spence of Carro11 and W ohlwender of Muscogee--
A bill to regulate the sale of stocks bonds, etc., and to provide for filing of information concerning same, etc.
Referred to Committee on Insurance.

By Mr. Blackburn of Fulton---:-
A bill to amend Secti-on 887 of the Code of Georgia of 1910.
Referred to Committee on Special .Judiciary.
T'he following House Resolutions were read first time.

By Mr. Pickett of Terrell-
A. resolution to appropriate certain moneys to .J. H. Oxf-ord, Crouch and Collier, et al.

756

JouRNAL OF THE SENATE,

Referred to Committee on Appropriations.

By Mr. Wohlwender of Muscogee-
~~ resolution to pay the expenses of Hon. T. H. Kimbrough as a member of Cotton Tare Committee in attending convention in Washington, D. C. and Raleigh, N.C.
Referred to Committee on Appropriations.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

}.[r. President:
The House has passed by the requisite Constitutional majority the following bills of the Senate, to-wit:
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Bulloch County.
The House has adopted the following joint resolution of the Senate.
A resolution providing for appointment of a Commission to revise the civil and criminal procedure of the State.
The House has passed as amended by the requisite Constitutional majority the following bills of the Senate.
A bill for the relief ofT. B. Hicks of the City of Dublin.

TuESDAY, AuGUST 12, 1913.

757

A bill to amend an Act to establish the City Court of Oglethorpe.
The House has agreed to the Senate 81IDendments
to the House substitute to the following bill of the .
Senate, to-wit:
A bill to amend an Act to create a Board of Com-
missioners of Roads and Revenues for Ware County.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has pasSied by the requisite Constitutional majority the following bills and resolutions, to-wit:
A bill to appropriate the sum of $13,286.80 to pay
for work already done on the State Capitol and Executive Mansion and for work necessary to be done on same.
A Resolution relative to preparing statement of unfinished business of Legislation.
A resolution to auihorize and compensate the State Sanitarium and Penitentiary Committee to visit the State Sanitarium and farm at Milledgeville during the recess of the General Assembly.
A resolution authorizing the House and Senate Committees on the Penitentiary to visit the Convict Camps in vacation.

758

JouRNAL OF THE SENATE,

Mr. Stark, Chairman of the Appropriation Com_mittee, submits the following report:

Mr. President:
The Committee on Appropriations have had under consideration House Bills No. 360 amending Section 1795, of the Code of 1910, and also House Resolution No. 38, for the payment of a deficiency due the assistant librarian and I am directed to report the same back to the Senate with a recommendation that they do pass.
Your Committee has also had under consideration the fo1lowing House bills to-wit: House Bills Nos, 359, 446, 411 and 533, and I am directed to report these bills back to the Senate with a request that they be read the seoond time andre-referred to the Committee on Appropriations.
W. W. STARK, Chairman.
The following message was received lfrom 'the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has passed by the requisite Constitutional majority the following bill, to-wit:
A bill to create a commission on the lease of the W. & A. Railroad.
Mr. Rushin, Chairman of the Committee on Counties and County Matters, submitted the following,, report:

TuEsDAY, AuGUST 12, 1~:~.

759

Mr President:

The Committee on Counties and County Matters has had under consideration the following Senate Bills which it instructS' me to report back with the recommendation that they do pass, to-wit:

A bill to create a Board of Commissioners of Walton County.

A bill to repeal Act August 6, 1903, vesting certain p~wers in Ordinary of Walton County.

i'he Committee has also had under consideration

the following House bills, which it instructs me to

report back with the recommendation that they d6

pas'S, to-wit:



A bill to allow county authorities to appoint County Police.

A bill to amend Act creating board commissioners of Early County.

A bill to amend Act to provide Board of Commissioners of Mitchell County.

. A bill to create office of Commissioner for Bleckley County.

A bill to create office of Commissioner for Pulaski County.

A bill to repeal Act to create office of Commissioners for Pulaski County.
Respectfully submitted, M. E. RusHIN, Ohairman.

760

JouRNAL OF THE SENATE,

The following House bills were read second time and recommitted.

By Messrs. Hancock and Slater-
A bill to appropriate $20,000.00 per annum for two years to the State Board of Entomology $5,000 to become immediately available to be expended on the work of Board on wilt or black root.

By Mr. Green-
A bill to appropriate a sufficient sum of money for the purpose of paying the salaries of the pure food and drug department.

By Messrs. Wimberly and Kimbrough-
A bill to appropriate the sum of $7,500.00 for the Department of Agriculture for the Chemical Department.

By Mr. BookerA_ bill to appropriate the sum of ten thousand dol-
lars to the Department of Agriculture and for other purposes.
At 10 o'clock the Senate went into executive session.
The following House bills were read second time.
By Mr. Olive: A bill to amend Section 5645 of the Code of 1910.

TuESDAY, AuGUST 12, 1913.

761

By-Mr. Fariss-'-
A bill to provide quarterly terms o~ the Superior Court of Walker.

By Mr. Akin-
A bill to amend an Act to prescribe for the inspection of gasoline and for other purposes.

By Mr. Cheney-
A bill to amend, consolidate and supersede the several acts incorporating the City of Marietta.

By Messrs. Slade, Swift and Wohlwender-
A bill to provide for a Commission Form of Government for the City of Columbus.

By Messrs. Cooper and Crawley-
A bill to amend the Act establishing a new Charter for the City of Waycross.

By Mr. Taylor-
A bill to amend an Act to incorporate the town of Rentz in Laurens County.

By Mr. Johnson of Montgomery-
A bill to amend the Act to incorporate the town of Alston in Montgomery County.

By Mr. ShippA bill to repeai the Act entitled an Act creating

762

JouRNAL oF THE SENATE,

the official of Commissioner of Roads and Revenues for Pulaski County,

By Mr. Shipp-
A bill to create the office of Commissioner of Roads and Revenues for Pulaski County.

By Mr. Spence-
A bill to amend an Act approved August 13, 1907;
entitled an Act to provide for a board of Commis-
sioners for Mitchell County.

By Mr. Shipp-
A bill to create the office of Commissioner. of Roads and Revenues for Blackley County.

By Mr. Redwine-
.A. bill to repeal an Act to incorporate the town of Brooks in Fayette County.

By Mr. Myrick-
.A bill toprovide.separate books for the recording of maps plans and surveys and for other purposes.

By Mr. Hays-
. A.bill to ame.nd the Charter of the town of Martin in Stephens County.

By Mr. Swift-

A bill to amend the charter of tha City..of C~ium~ -

b~~, 'Ga::, ,

.

TuESDAY, AuousT 12, 1913.

763

By Mr. Ragland-
A bill to inoorporate the town of Geneva in Talbot County.

By Mr. Hopkins-
A bill to amend Section 1795, Volume 1, of the Code of 1910.

By Mr. Akin-
A bill to amend Section 2201 of the Code of Georgia.

By Mr. Redwine--
A bill to create a new Charter for the town of Brooks in the County of Forsyth.
The following House Resolution was read second time.

By Mr. Hardeman-
A resolution to appropriate $340.98, to pay deficiency due the assistant librarian.
The following House bills were read third time and put upon their passage.

By Mr. James-
A bill to amend the charter of the town of East Ellijay in Gilmer County.
Report of the Committee was agreed to. Upon the passage of the bill the ayes were 31,

764

JouRNAL OF THE SENATE,

nays 0; the bill having received the requisite Constitutional majority, was passed as amended and the amendment is aS' follows :
By striking all of Section 1 of said bill, after the word ''except'' in the second line on page two, and inserting in lieu thereof the following:
''In a northeasterly direction, where the one half mile limit will intersect with the Cartecay River, the said limits shall be the south hank of said river, in a westerly course to a ravine at the corner of the lot of E. T. Ray about two hundred yards above the public bridge; thence across said river, the original limit of one half mile, thence southerly course along the Jarrett mountain the half mile limit to the City limits of Ellijay.''

By Mr. Neal-
A bill to amend the several Acts creating and relating to the Board of Commissioners of Gordon 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. 1Methvin-

A bill to amend the Act to create the office of Commissioner of Roads and Revenues.

Rep...o. rt

of .

the.Comm- itte.e

was

agreed

to.

TuESDAY, AuousT 12, 1913.

765

Upon the passage of the bill the ayes were 31, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. ClementsA bill to ~epeal an Act to incorporate the City of
Osierfield.
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 provide for four terms of the Superior Court of Madison 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.

By Mr. Miller-
A bill to abolish the Justice Courts and office of .Justice of the Peace and Notary Public ex-Officio Justice of the Peace and the office of Constable in the City of Macon.
Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0 ;.the bill receiving the requisite Constitutional majoritY, was passed.

766

JouRNAL OF THE SENATE,

By Mr. ~ollins-
.A bill to incorporate the town of Reno in Grady County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0; the bill receiving the requisite Constitutional majority, was passed.

Mr~ HerringtonA bill to incorporate the town of Wesley in Em~
anuel County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Dorough-
A bill to amend an Act to create the Board of Commissioners of Roads and Revenues of Franklin County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0; the bil1 having received the requisite Constitutional majority was passed.



By Mr. Taylor-

A bill to incorporate the Davisboro School District in town of Davisboro.

TuESDAY, AuGUST 12, 1913.

767

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. Wood-
A bill to amend an Act to incorporate the City of Swainsboro.
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. Myrick-
A bjJl to repeal an Act to assist the Georgia Infirmary approved December 13 1871.
Report of the Committee 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. McRae-

A bill to establish a system of Public Schools in

the town of Scotland, etc.



Report :of the Committee was agreed to.
v~o~ .ih~. ;P~ss~e of th,e. bill t~~' ayes. wer~ :Zq;.
nays o;. ~h~, lf..ill ~aving received the r~,qui~it~ Co.J;I.-.
stitutioilal majority was passed.

768

JouRNAL oF THE SENATE,

By Messrs. Wimberly and Miller-
_A bill to amend an Act creating a new charter for the City of Macon, approved November 21, 1893, and the several Acts amendatory thereof.
Upon the passage of the bill the ayes were 3'0, nays 2 ; the bill having received the requisite Constitutional majority was passed. The following Senators desired their names recorded against the bill : Senators Miller and Turner.

By Mr. Berry-
A bill to amend an Act approved February 24, 1874 and the several Acts incorporating the City of Dalton.
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 ConRtitutional majority, waS' passed:
The following Senate bills were taken up with House amendment!'! and the amendments were concurred in.

By Mr. Kea-
A bill for the relief of T. B. Hicks, of Dublin in Laurens County.
The amendment is as follows by adding thereto the folJowing: That the relief herein provided shall not be effective until all the costs for which the pricipal and surety on said bond are bound and shall

TuESDAY, AuGUST 12, 1913.

769

be duly paid to the officers' of court authorized to receive same.

By Mr. Richardson-
A bill to amend the Act establishing the City Court of Oglethorpe.
The amendment is as follows: Amend by striking therefrom Sections 2, 3, 4 and 5 of said bill and number remaining Sections accordingly. Amend said bill further by striking from the caption thereof the folJowing words appointment of a bailiff.
The foJlowing Senate bills were read third time and put upon their passage.

By -Mr. McGregor-
.A bill to repeal an Act approved August 16, 1912, and for other ymrposes authorizing the Governor in calling out the militia in certain cases.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 2f:i, nays 0; the bi11 having received the requisite Constitutional majority, was passed.

By Mr. McGregor-
A bill Regulating the manner in which the State Militia may be called out and for other purposes.
Report of the Committee was agreed to. Upon the passage of th~ bill the ayes were 29,

770

JouRNAL oF THE SENATE,

nays 0; the bill having received the requisite Constitutional majority, was passed by substitute.
The following House bills and resolutions were read first time.

By Mr. Wright-
A bill to create a commission to investigate and report at the next session of this House the terms and form a lease for the Western & Atlantic Railroad.
Referred to Committee on W. & A. Railroad.

By Mr. Wheatley.A bill to appropriate the sum of $13,286.80 to pay
for work already done on the State Capitol.
Referred to Committee on Appropriations.

By Mr. Slater-
A bill authorizing the House and Senate Committee on Penitentiary to visit the convict camps in vacation.
Referred to Committee on Appropriations.

By Mr. Thompson-
A ..resolution to authorize and compensate the . State Sanitarium and Penitentiary Committee to visit said histitutions.
Refel'red to Committee on Appropriations.

TuF.SDAY, AuousT 12, 1913.

771

B~ Mr. Carter-
A resolution relative to preparing statement of unfinished husiness of the Legislature. This resolution was concurred in.
_ On motion the Senate adjourned until this afternoon at 3 o'cloek.

The Senate met pursuant to adjournment at 3 o'clock, was called to order by the President.
On motion the roll call was dispensed with.
Mr. OHiff, Chairman of the Committee on Engrossing, submitted the following report:
r. President :
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House the following Bil1s of the Senate, to-wit:
A bi11 to repeal an Act approved August 16, 1912, relative to the duty of the Governor in calling out the Militia.
A bill to regulate the manner in which the State Militia may be called out.
Respectfully submitt~d, W. 1\f. OLLIFF, Chairman.
Mr. Burtz, Chairman of the Committee on Corporations, submitted the following report:

772

JouRNAL OF THE SENATE,

Mr President :
The Committee on Corporations have had under cosideration the following House Bill which I am instructed to report back to the Senate with the recommendation that the saJine do pass, to-wit:
A bill to create a new charter for the town of Gibson in the county of Glasscock.
Respectfully submitted, A. H. BuRTz, Ohairman.

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

Mr. President:
The Committee on Special Judiciary, have had under consideration the following House bill which ~ am instructed to report back to the Senate with the recO!IIlmendation that the same do pass, to-wit:
A bill to amend Section 887 of the Code of 1910.
'Tihe Committee have had underconsideration 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 abolish the City Court of Bleckley in the County of Early.
Respectfully submitted, 0. H. ELKINs, Chairman.
Mr. Miller, Chairman of the Committee on Finance, submitted the following report:

TuESDAY, AuGUST 12, 1913.

773

Mr. President:
Your Committee on Finance have had under consideration the following House bill and instructed me as their Chairman to report same back to the House with the recommendation that same do pass as amended, towit:
A bill to amend an Act approved August 13, 1910, regulating the running of automobiles.
The Committee have also had under consideration the following House resolution which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A res-olution to authorize the Governor to borrow money to supply deficiencies upon reasonable terms.
B. S. MILLER, Chairman.

Mr. Miller, Chairman of the Committee on Finance, submitted the following report:

J11r. President:
Your Committee on Finance have had under con. sideration the following Honse bill and instructed me as their Chairman to report same back to the Honse with the recommendation that same do pass, to-wit:
A bill to provide for and require the payment of taxes on property received by inheritance or succession.
Respectfully .submitted,
13. S. M:(LLER, Chairman.

774

JouRNAL oF THE SENATE,

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

llfr. President:
The House has passed by the requisite Constitutional majority the following bills of the House, to-wit:
A bill to amend Section 129 of the Code of 1910 so as to provide for an early primary.
A bill to amend an Act to create a Bank Bureau.
A bill relative to the custody and control of minor children.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. Presiden,t:
The House has passed by the requisite Constitutional majority the following bills of the House.
A bill to esta:blish The Georgia Training School for Girls.
A bill to create pe001anent qualification book. for qualified voters of this State.
The following House bill was taken up with adverse report of the Committee and the report was disagreed to.
By Mr. GowerA bill to amend an Act creating a new Charter for
the City of Cordele and other purposes.

TuESDAY, AuausT 12, 1913.

775

The following House bills and resolutions were read first time.

By Messrs. Miller and JonesA bill to establish an institution to be known as the
Georgia Training School for girls. Referred to Committee on Appropriations.

By Mr. WrightA bill to create a permanent qualification book for
qualified voters of this State. Referred to Committee on Rules.
By Mr. Redwine of FayetteA bill to amend an Act to create in the Treasury
Department a Bank Bureau. Referred to Committee on Banks.

By Mr. Smith of Fulton and Mr. Olive of Richmond-

A bill to define the duties, rights and powers of

the Courts of this State in all cases affecting the

custody of minor children.



Referred to Gommitteeon General Judiciary.

By Messrs. Crawley and Cooper of Ware~
A bill to amend Section 129, Volume 1, Code of Georgia.
Referred to Committee on General Judiciary.

776

JouRNAL OF THE SENA.TE,

Mr. Bush, Vice Chairman of the Committe~ on Insurance, submitted the following report:

111r. President:
The Committee on Insurance have had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit:
A bill to regulate the sale of stocks, bonds, debentures and other securities.
Respectfully submitted, W. J. BusH, Vice Chairman.

The following House Resolution was read third time and put upon its passage.

By Mr. Slater-
A resolution to authorize the Governor to borrow money to supply deficiencies.
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.
On Motion the Senate adjourned until tomorrow morning at lO o'clock.

...

WEDNESDAY, AuousT 13, 1913.

777

SENATE CHAMBER, ATLANTA, GA.,
Wednesday, August 13, 1913.

The Senate met pusuant 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 :

Allen, John T.

Irwin, M. D.

Brown, J'Ohn W. L. Jones, S. E.

Bulloch, R. 0.

Jones, W. W.

Burtz, A. H.

Johnson, J. F.

Bush, W. J.

Kea, Fred;

Chennault, N. B. Kelly, 0. L.

Converse, W. L. Longino, J. T.

Dickey, R. L.

McGregor, C. E.

DuBose, R. T.

McNeil, W. D.

Elkins, 0. H.

Miller, B. S.

Ford, L. L.

Moore, J. H.

Foster, A. H.

Olli:tl', W. M.

. HarreH, G. Y.

Parrish, C. H.

Hixon, J. T.

Perry, Grant D.

Huie, G. M.

Peyton, J. T.

Pope, Le,
Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr.
Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

On motion the r~ading of the Journal was dispensed with.

The following resolu~on was read and unanimously adopted.

By Mr. Perry 28th-'"
Resolved by the Senate: That Senator B. S. Miller be requested to reduce to writing his speech in explanation of Senate substitute to House tax bill, known as Sheppard substitute and that the news-

778

JouRNAL oF THE SENATE,

papers of Georgia be requested to publish said speooh for the information of the tax payers of Georgia.
Mr. Moore, Vice Ohairman 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 it instructs me to report back with the recommendation that they do pass, to-wit:
A bill to amend Act to create Board of Commissioners of Clarke County.
A biU to amend Act to create and organize the Commissioners of Chatham County.
Respectfully submitted, JOHN H. MooRE, Vice Chairman.

Mr. Brown, Chairman of the Committee on the W. & A. Railroad, submitted the followi~g report:

Mr. President:
The Committee on theW. & A. Railroad has had under Consideration the following House bil1 which I am instructed to report back to the Senate with recommendation that the same do pass by substitute, to-wit:
A hill to create a Commission to investigate and report at the next session of this House the terms

WEDNESDAY, AuausT 13, 1913.

779

and form of a lease for the W. & A. Railroad and for other purposes.
Respectfully submitted,
J. W. L. BRowN, Chairman.

Mr. Stark, Chairman of the Appropriation Committee, submHs the f.ollowing report :

Mr. President:
The Committee on .Appropriation have had under consideration House Resolution No. 123, to authorize and compensate the Committee on State Sanitarium to visit the same in vacation, and also House Resolution No. 155, to authorize the House and Senate Committees to visit the Penitentiary in vacation and for other purposes.
.And I am directed to report said Resolutions back to the Senate with a recormmendation that they do pass.
W. W. STARK, Chairman.

Mr. McNeil, Cha~rman. of the Committee on General Judiciary, submitted the following report:
The Committee on General Judiciary have bad under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pas'S, to-wit:
A bill to define the duties, rights and powers of the Courts of this State in all cases affecting the custody of minor children.

780

JOURNAL OF THE SENATE,

The Committee have 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 tQ amend .Section 129, Volume 1, of the Code of Georgia, so as to provide an early primary.
Respectfully submitted,
W. D. McNEIL, Chairman.

The following House bills and resolutions were read second time and recommitted.

By Mr. Redwine-
A bill to amend the Act creating in the Treasury Department a Bank Bureau.

By Mr. Mills-
A bill to establish an institution to be known as the Georgia Training School for Girls.

By Mr. Wright-
A bill to create permanent qualification book for qualifierl. voters of this State.

By MessrS'. Stovall and Kimbrough-
A bill to amend Section isn, Volume 1, of the
Code of Georgia of 1910, providing for compensation for General Oil Inspector.

WEDNESDAY, AuousT 13, 1913.

781

By Mr. Wheatley-
A bill to appropriate the sum of $13,286.80 for work already done on the State Capitol.

By Mr. Wohlwender-
A resolution to pay the expenses of Hon. T. H. Kimbrough as a member of Cotton Tare Committee in attending Convention in Washington, D. C. and Religh, N. C.

By Mr. Pickett-
A resolution to appropriate certain money to J. H. Oxford, Crouch and Collier.

By Mr. MoonA bill to provide for four terms of the Superior
Court of Troup County.
The following House bills read second time.
By Mr. Slater-
A bill authorizing the House and Senate Committees on the Penitentiary to visit the convict camps of the State in vacation and for other purposes.

B"y Mr. Wright-
A bill to create a commission to investigate and report at the next session of this House the terms and form of a lease for theW. & A. Railroad to investigate and report upon the case of the Terminal property and for other purposes.

782

JouRNAL OF THE SENATE,

By Mr. Allen-
A bill to create a new charter for the town of Gibson in Glasscock.

By Mr. Blackburn-
A bill to amend Section 887 of the Code of Georgia of 1910.

By Messrs. Spence and Wohlwender-
A bill to regulate the sale of stocks, bonds, etc., and for other purposes.

By Mr. Rhodes-
A bill to amend an Act to create the Board of Commissioners of Roads and Revenues for Clark . County.

By Messrs. McCarthy, Shuptrine and Myrick of Chatham-
A bill to be entitled an Act to create and organize the Commissioners of Chatham County, who shall be ex-<>fficio judges, to define their jurisdiction and duties and for other purposes.

By Mr. Thompson-
A resolution to authorize and compensate the State Sanitarium and Penitentiary Committee to visit the State Sanitarium and farm at Milledgeville during recess of General Assembly.

WEDNESDAY, AuausT 13, 1913.

783

By Mr. Smith and Mr. Olive-
A bill to be entitled an Act to define the duties, rights and powers of the courts of this State in aU cases affecting the custody of minor children.
The following message was received from the House through Mr. Boifeuillet, the clerk thereof:

1111. President:
The House has passed by the requisite Constitutional majority the following bills of the Senate:
A bill to establish a system of public schoolS' in the T'own of Alamo.

A bill to amend an Act to incorporate the City of Blackshear in the County of Pierce.

A bill to increase the number of tetm'3 of the Superior Court of Paulding County, GeOJgia

A bill to amend an Act of August 21, 19:)fi. to in corporate the town of Marshallville in the County of Macon ..

The House has pas'Sed as amended by tlle requisite Constitutional majority, the following hill of the Senate:

A bill to amend Section 1079 of Volume 1. or tlw Code of 1910 of the State of Georgia..

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

784

JouRNAL oF THE SENATE,

1l1r. President:
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
A bill to provide for the equalization of the assessments of property for taxation.
The House has agreed to the fo1lowing joint re~o lution of the Senate.
A resolution looking to the pres'ervation of Fort Frederica, St. Simons Island.
The House has disagreed to the following joint resolution of the Senate.
A resolution requesting the House to return to the Senate House Bill No. 556.
The following message was received from the House through Mr. BoifeuiHet, the clerk thereof:

Mr. President:
The House has passed by the requisite Constitutional majority the fo1lowing bill of the Senate.
A bill to provide for the election of the. United States Senators by the people.
The following communication was received from His Excellency the Governor, through his Secretary, Mr. Perry.

Mr. President:
I am instructed by His Excellency the Governor to deliver to your honorable body a sealed coin-

WEDNESDAY, AUGUST 13, 1913.

785

m~ica.tion to which he respectfully invites your consideration in executive session.

Mr. Tarver moved to disagree to the report of
the Committee which is adverse to the passage of
tlie bill.

By Mr. Crawley of Cooper-
A bill to amend Section 129, Volume 1, Code of Georgia, so as to provide for an early primary~
On this motion the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Brown, John W. L. Bulloch, R. 0.
Bush, W. J.
Chennault, N. B.
Converse, W. L. DuBose, R.. T.

LM.gin!>, J. T.

Rtark, W. W.

Moore, J. H.

Sweat, J. L.

Olliff, W. M.

Tarver, M. C.

Peyton, J. T.

Taylor, G. W.

Pope, Le,

'furner, S. M.

~earey, W. E. H. Sr. Watts, J. N.

T.hose voting in the negative were Messrs.-

Allen, John T. Burtz, A. H.
Diekey, R. L. Ford,. L .. L.
Foster, A. H.
HmeH, G. Y. Hixon, J. T.

Huie, G. M. Irwin, M. D. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L.

MeGregor, C. E. MeNeil, W. D. Parrish, C. H. Perry, Grant D. Riehardson, C. H. Rushin, M. E. Tyson, C. M.

lllose not voting were Messrs.-

Elkins; 0. H. Miller, B. S.

Smith, E. L..

Ayes 18, nays 21.

Spinks, W. E.

The motion was lost.



786

JOURNAL OF THE SENATE,

The following House bills were read thj.rd time and put upon their passage.

By Mr. McLendon-
A bill to amend an Act creating the Commissioners of Roads and Revenues for E'arly 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 amendments are as follows: Amend by striking the name of 0. E. Hall wherever it occurs in said bill and substituting therefor the name of 0. H. Sheffield and by striking the name 0. H. Sheffield wherever it occurs in said bill and by substituting therefor the name of 0. E. Hall.

By Mr. Gower-
A bill to amend an Act creating a new Charter for the City of Cordele and for other purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 26, nays 2; the bill having received the requisite Constitutional majority, was passed. The :following protest was offered by Senator Olliff:

1\ir. Olliff of the 4th District-
Files this protest against the passage of House Bill Number 703, for the following reasons: .



WJ<jDNESDAY, AUGUST 13, 1913.

787

1. That the notic.e of this local legislati~n requi~ed to be given by law was given on July 7th, 1913, by publishing in the Cordele Rambler, official
organ of the County of Crisp; that the notice was
not given at any other or earlier date as appears by
of affidavit C.T. Shipp, editor and publis'her of said
paper, hereto attached and made part of this protest.

2. That said House Bill No. 703, was introduced in the House of Representatives of Georgia on August 4th, 1913 and before the expiration of the thirty days required by the Constitution and laws before the introduction of the bill and after the publication of notice.
3. That this protest be spread on the Journal of t)le Senate.

Ge~rgia~ Crisp County:
In person appeared before the undersigned, C. J. Shipp, who, on oath, depOS'es and says that he. is ~ditor and publisher of ''The Cordele Rambler'' and that the notiCe of local legislation contained in thf' Cordele Rambler of July 7th, 1913, as follows:

NOTICE OF; ; LocAL LEGISLATION

..Notice is given of intention to introduce at the

present session of th~ Ge1,1,~ral As!i!embly of the State

of Georgia, a bill to be entitled: ''An Act to amend

an Act creating a new Charter for the. City of Cor-

dele, in the County of Cri~;~p, '' etc.., approved AtJgusl

21st, 1911, arid the .A.(;is; atliendatory thereof. This

.July 7th, 1918.

. ..

.

788

JouRNAL OF THE SENATE,

Was published in the iS'Sue of July 7th, 1913, only, and did not appear in any other or earlier issue of said paper; and that the said Cordele Rambler is the official organ for the County of Crisp.
c. J. SHIPP.
Sworn to and subscribed before me this August 8th, 1913.
WALTER M. EsTES, N. P. Crisp County, Ga.

By Mr. Shipp-
A bill to create the office of Commissioner of Roads and Revenues for Pulaski County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays 0; the bi11 having received the requisite Constitutional majority, was passed.

By Mr. Redwine-
A bill to create a new Charter for the town of Brooks in Fayette 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 Con'Stitutional majority was pas'Sed.

By Mr. Redwine-

of A bill to repeal the Act incorporating the town

Brooks in ~"'ayette County.



WEDNESDAY, AUGUST 13, 1913.

789

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 paS'sed.

By Mr. Spence-
A bill tO amend an Act approved August 13, 1907,
amending an Act to provide for the Board of Commissioners of Mitchell County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Shipp-
A bill to create the office of Commissioner of Roads and Revenues for Bleckley County.
Upon the passage of the bill the ayes were 28, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Ragland-
A bill to incorporate the town of Geneva in Talbot County.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes l\Wre 28, nays 0; the bill having received the requisite Constitutional majority was passed.

790-

JouRNAL oF THE S:&NATE,

By Messrs. Cooper and Crawley -
A bill to amend an Act providing and establishing a. new Charter for the City of Waycross, approv~ August 17, 1909.
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. Johnson-,-
. A bill to amend an Act incorporating the town of Alston in Montgomery County.
Report of the Committee was agreed to; upon the passage of the bill the ayes were 28, nays 0 ; the bin having received the requisite Constitutional majority, was passed.

By Mr. Taylor-

,.A bill to amend.an Act to incorporate the town of

Rentz in Laurens 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.

.. By Mr. Akin-
.~ ~ .
~-:A bill to. amend-an Act to pescribe for Phe inspec,. tion of gasoline, benzine and et.c., in this State~

WEDNESDAY, AuGUST 13, 1913.

791

Report of the Committee was agreed to.
Upon the p~ssage of the bill the ayes were 25, nays 0; the bill having received the requisite Con~ stitutional majority, was passed.

By Mr. Fariss--
A bill to provide for quarterly terms of the Superior Court of Walker County.
Report of the Committe 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. Akin-
. A bin to allow County Authorities to appoint County Police.
Report of the Committee was agreed to.
Vpon. the passage ~f .the bill the ayes were .24,
ii.ay 0; the bill having received the requisite Constitutional majority was passed.

By Mr. Akin-

A bill to amend Section 2201 of the Code of Georgia.
:: :~
Report of the Committee was agreed to.

upon the passage of the bill the ayes were 26,

nays 0; the bill having received the requisite Con-

stitutional majority, was passed.

": :: ',.,

792

JouRNAL OF THE SENATE,

By Mr. MyrickA bill to provide separate bookS' for the recording
of maps, plans and surveys and for other purposes.
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. Shipp-
A bill to repeal an Act entitled an Act to create the office of Commissioner of Roads and Revenues for the County of Pulaski.
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. Hayes-
, A hill to amend the Charter of the town: of Martin
in Stephens County so as to change the corporate limits of said town.
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 Messrs. Swift, Slade and Wohlwender-
.. A bill to amend the charter of the City of Columbus, Georgia.

WEDNESDAY, AuousT 13, 1913.

793

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 Con~
stitutional majority, was passed.

By Mr. Cheney-
A bill to amend, consolidate and supersede til~ several Acts incorporating the City of Marietta so as to create a Commission Form of Government.
Report of the Committee was agreed to.
. Upon the passage of the bill the ayes were 28, nays 0; the bill having received the requisite Constitutional majority was passed as amended and ~he amendment is as follows : Amend by inserting after the word ''adoption'' and before the word and in the 12th line of Section 31, the word and shall have written or printed on their ballots the words ''For ratification and adoption of Commission Form of Government,'' further amend by inserting after the word adoption and before the word ''said'' in the 13th line of said Section the words ''Against ratifi. cation and adoption of Commission Form of Government.'' Amend by striking out the word ''voters of the City of Marietta," in the 7th line of Section 31, and inserting in lieu thereof "votes cast." Amend by inserting the word ''election'' betw.een the word "said" and the word "be" in the 18th line of said Section 31.

7:94

JouRNAL oF THE SENATE,

By Mr. Hopkins-
. A bill to amend Section 1795, Volume 1, of the Code of 1910, as amended by the Acts of 1912, page 56 to 57 inclusive.
. Report of the COIIllmittee was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

Tlwse voting in the affirmative were Messrs.-

Allen, John T.
Brown, John W.. L. Bulloch, R. 0.
Burtz, A. H. Chennault, N. B. Qonverse, W. L,
Dickey, R. L. DnB6sEl; R. T. Elkins, 0. H. Ford,, L. L.

Foster, A. H. Hixon, J. T. Huie, G. M. Jones, S. E. Johnson, J. F.
Kea, ))'red, Longino, J. T. Miller, B. S. Perry, Grant D. Peyton, J .. T.

Pope, Le, Richardson, C. H. Searcy, W. E. H: Sr. Spinks, W. E. Stark, W. W. Sweat, J. L. . Tarver, M. C.
Turner, S. :M:.
Watts, J. N.

. llliose voting in the negative were Messrs.~

: , -__ ,

' . '--.~

. - . _,., . . .! '

~\lsq,. W. J.

ltari-eH,. G.
Joiies:, w:

wY...

R;elly, ;O. L.:

M.:cG-,regor, C. E. ,..

McNeil, W. D. _. Rushin,. M. E.

Moore, J. It. 'OHi:ff,. W. 'M. Parrish; C. H._

. $mith1 E. L. Taylor, G. W.
, Tysort, c. M.

Tlhose not voting were Messrs>--'-
iAvin,. M .. D. -,,
< . t .... :. "- .' ~
.. A:-res 29, ~p.ys 13., ,; ,::
::The billlliing r~ivoo :the 1t'eqtiisite Constitu~
tional majority; wtis passed; .' K ;:; .
Mr. McNeii 'gave notice that al/'~:t[~l~:r;;;~;: ti~~

WEDN:ESDAY, AuousT 13, 1913.

7i}5

;he would' move to reconsider the action of the Senate in passing the above bill.
The following Senators were added to the Peni. tentiary Committee on request of the Chairman in open Senate: Senators Hixon, Huie, S. E. Jones, Richardson and Smith.
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 answer~d to their names :

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. HarreH, G. Y. Hixon, J. T. Huie, G. M.

Irwin, l\1. D. Jones, S. E. Jones, W. W. J~hnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

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

Mr. President:

The House has agreed to the Senate amendment to the following biJl of the House, to-wit:

796.

JOURNAL OF THE SENATE,

A bill to amend the charter of the town of East Ellijay.
The House has agreed to Senate amendments No. 2 and No. 12, and has disagreed to Nos. 1, 3, 4, 5, 5a, 6, 7, 8, 9, 10 and 11, to the following bill of the House, to-wit:
A bill to make appropriation for the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government.
The House has adopted the following resolution of the House, to-wit:
A resolution authorizing the Governor to enter into an agreement with the Ducktown Sulphur Copper and Iron Company.
.The foUowiri.g message was received from the House through Mr. Boifeuillet, the clerk thereof:

Mr. President:
The House haR passed by the requisite Constitutional majority, the following bill of the Senate, towit:'.

A bill' to amend an Act creating the Department of Commerce and Labor

. The following message was received from the

n~u~eJ;hrough. M;;.. BojfeUiUet, the Ci~rk thereof:

- t. ~-

~...

... .

.-

. -~ . .

.. .

.

Mr. President:
~ ;- ~he JI;ou~e has;..:passed by .iju~. r.equisite Constitu-
tional majpl;ity. the,: .fo~lowing bills.: of the .Senate; t-Q-
wit:

WEDNESDAY, AuGUST 13, 1913.

797

A bill to amend Section 2878 of the Code of 1910, relative to building and loan associations.
A bill to amend Section 2166 of the Code of 1895, reiative to life of a railroad charter.
The following Senate bill was read first time.

By Mr. Irwin-
A bill to amend an Act to amend the Constitution of the State by adding to said Constitution another paragraph settiilg forth the people may iniate laws upon petition and by petition have certain laws referred to the people for their approval.
~ -.R..eferred to Com.tnittee on Constitutional Amendment.
Mr T1arver moved to reconsider the action of the Senate in refusing to disagree to the report of the Committee on the following bill of the House.

By Messrs. Crawley and Cooper-

A bill to amend Section 129 of the Code so as_ to

provi.d..e

early

primaries. .

On this motion the 'ayes and-- nays were ordered

and the vote is as follows :

Those_ vo_ting i:p the affirmative were Messrs.-

Brown, John. W. L.
Burt~, A.' H. _
Bush~. W.;J. ---~
Chen#uli;: N. :8,
Du~~e,.,_R~ T.__
Ford; I.t; L. . .
Foster, '"A. H.

Johnson, J. F.

Longino, J. T.

McGrElg'Ql:, C. E. _

Mjller, Moore,

.B.
l.

:Sa:..

Olliff, ;'ft.

Smith, - E. L.

Spinks, W. E.
Stark, W. W.
Sweat, J. :1;..
Tarver, :M. C,.
Taylor,. G:. W.
Turner,. -S. M .. ,_.

798

JouRNAL oF THE SENATE,

Those voting in the negative were Messrs.-

Allen, John T. Bulloch, R. 0.
Dickey, R. L. Elkins, 0. H. Harrell, G. Y. Hixon, J. T. :Huie, G. M.

Irwin, M. D. Jones, S. E. Jones, W. W. Kea, Fred, Kelly, 0. L. McNeil, W. D.

Parrish, C. H. Perry, Grant D. Pope, Le, Richardson, C. H. Searcy, W. E. H. Sr. Tyson, C. M.

rnhose not voting were Meesrs.-

Converse, W. L. Peyton, .J. T.

Rushin, M. E.

Watts, J. N.

Ayes 20, nays 19.

The motion prevailed.

Mr. Tarver moved that this bill be read second time and on this motion the ayes and nays were ordered and the vote is as follows :

Those voting jn the affirmative were Messrs.~

Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Chennault, N. B. Ford, L. L. Hixon, J. T. Tohnson, J. F. Kelly, 0. L.

Longino, J. T.

Smith, E. L.

Miller, B. S.

Spinks, W. E.

Moore, J. H.

Stark, W. W.

Olliff, W. M.

Sweat, J. L.

Pope, Le,

Tarver, M. C.

Richardson, C. H. Taylor, G. W.

Rearcy, W. E. H. Sr. Turner, S. M.

Those voting in the negative were Messrs.-

Allen, John T. Bush, W. J. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H.

Foster, A. H. Harrell, G. Y. Huie, G. M. Irwin, M. D. Jones, S. E. .Tones, W. W.

Kea, Fred, McGregor, C. E. McNeil, W. D. Parrish, C. H. Perry, Grant D. Tyson, C. M.

WEDNESDAY, AuGUST 13, 1913.

799

'IIhose not voting- were Messrs.-

Peyton, J. T.

Rushin, M. E.

Watts, J. N.

Ayes 22, nays 18.

The motion prevailed.

Mr. Howell moved that the bill be tabled and on this motion the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Allen, John T. Burtz, A. H. Dickey, R. L. Elkins, 0. H. Foster, A. H. Harrell, G. Y.

Hixon, J. T. Huie, G. M. Irwin, M. D. Jones, S. E. Jones, W. W. Kea, Fred,

McNeil, W. D. Parrish, C.. H. Perry, Grant D. Richardson, C. H. Tyson, C. M.

'l'hose voting in the negative were Messrs.-

Brown, .Tohn W. L.

Bulloch, R. 0.

Bush, W. J.

Chennault, N. B.
Converse,. -W L.

Ford, L. L.

.

Johnson, J. F.

Kelly, 0. L. Longino, J. T. MrGregor, C. E. Miller, B. S. Moore, .J. H. Olliff, W. M. Pope, Le,

Searcy, W. E. H. Sr. Smith, E. L.
Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W:
Turner, S. M.

'.Dhose not voting were Messrs.-

ThlBose; it T.
Peyton, J. T.

Rushln; M. E; Spinks, W. E.

Ayes 18; nays 21.

Watts, J. N.

The motion was lost.

Mr;:Ho:w~H moved that the reading of the bill the
-seoonditime be postpOned mitlt:tem6rro-iv niorrung
after unanimous conketits!have be~ii. disposed uf lind

800

JouRNAL oF THE SE~ATE,

b.y unanimous consent the hill .w,as tabl~. for the ses-
sion.

The following resolution of the Rules Committee was read and adopted.

By Mr. Miller-
Resolved that for the balance of the session individual speeches on any matter be limited to 10 minuetes unless otherwise ordered by the Senate.
The following House Resolution was read and concurred in.

By Mr. Smith-
A resolution authorizing tbe Governor of Georgia to inter into an agreement with the Ducktown Copper Company in behalf of the State of Georgia.
The fol1owing House bills and resolutions were read third time and put upon their passage.

By Messrs. Slade, Swift and Wohlwender-
A bill to provide for Commission form of Government for the City of Columbus.-
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25 ; nays 0; the bill having received the requisite Constitutional majority .was passed.

WEDNESDAY, AuousT 13, 1913.

801

By Mr. HardemanA resolution to appropriate $340.98 to pay de-
ficiency due the assistant librarian.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Bnrtz, A. H. Chennault, N. B. Converse, W. L. Dickey, R. L.
DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y.

Hixon, J. T. Huie, G. M. Irwin, M. D. ,Jones, S. E. Jones, W. W. ,Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. Mc>Gregoor, C. E. Miller, B. S. Olliff'. W. M.

Parrish, C. H. Perry, Grant D.
Pope, Le, Richardson, C. H. Searcy, W. E. H. Sr. Smith, E. L. Sta~k, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Tyson, C. M. Watts, J. N.

Those not voting were Messrs.-

Bush, W. J. MeNeil, W. D. Moore, J. H.

Peyton, J. T. Rnshin, M. E.

Ayes 36, nays 0.

Spinks, W. E. Turner, S. M.

The resolution having received the requisite Constitutional majority was passed.

By Mr. McCurry-
A resolution to provide for a Commission to investigate the school text book condition.
Report of the Committee was agreed to.

802

JouRNAL OF THE SENATE,

Upon the passage of the Resolution the ayes were 27, nays 0; the resolution having received the requisite Constitutional majority" was passed as amended, and the amendments are as follows : Amendments of Huie of 35th, to amend as follows:

1. Amend line seven, page. one, by striking therefrom the words ''of seven'' and in~rting the words ''of eight.''

Amend line eight, page .one, by striking the words ''Governor and State Superintendent of Schools'' and inserting as follows: ''State Superintendent of schools and two other members of the State Board of Ed~cation in addition to said Superintendent to be selected by said Board.''

2. Amend line seventeen, page two, by striking the wprds '"Governor and State Superintendent" and inserting in lieu thereof as follows : ''State Superintendent and two other members of the Board of Education selected by said Board.''

3. Amend further hy ad~in.g after the word "contracts.'' in the second line and last page, the foliQwing words: ''or in its discretion renew the present contracts.''
Ani.e~d :further by, striking the \Vord ''si~'' in _the
fifth line of the last page and inserting in.lhm thereof the word ''twelve.''

, Q~ mo~ion. th,e Sena.te adjourned until. tomorrow

n;orning at;!Q :~ '~19ck.. !.

.. .

. ...

.::

.,.

THURSDAY, AuousT 14, 1913.

803

SENATE CHAMBRR, ATLANTA, GA., Thursday, August 14th, 1913.

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 Senators answered to their names :

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Diekey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. H'Rrrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D. ,Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. MeNeil, W. D. Miller, B. S. :Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E . Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C.
Taylor, G. W. Turner, S. M.
Tyson, C. M. Watts, J. N.
MR. PRESIDENT.

The Journal of yesterday's proceedings was read and confirmed.

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

Mr. President:
'Jlhe House has passed by the requisite Constitutional majority, the following bills of the Senate:
A bill to give all courts of original jurisdiction authority :in certain cases to mold their sentences.

804

JOURNAL OF THE SENATE,

A bill to amend Section 2584 of the Code of 1910 relative to the incorporation of railroads.
The House has agreed to the Senate amendments to the following bills of the House:
-A bill to amend the several Acts incorporating the City of Marietta.
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Early County.
The House has adopted the following joint resolutions of the House:
A resolution relative to the unfinished business of the General Assembly.
A resolution relative to carrying over the unfinished business of the session of 1913.
Mr. Stark, Chairman of the Committee on Appropriations, submits the following report:

Mr. President :
The Committee on Appropriations have had under consideration House Resolution No. 45, and I am di.rected to report the same back with a recommendation that it do pass.
Your Committee has also had under consideration House Bill No. 733, to provide for work already 4one and necessary to be done on the State Capitol and the Mansion and for other purposes, and I am directed to report the same back with a recomm(mdation that the ibill do pass as amended.
W. W. STA1tK, Chairman.'

THURSDAY, AUGUST 14, 1913.

805

Mr. Miller, Vice-Chairman of the Committee on Rules, submitted the following report:
August 14th, 1913.

Mr. President:

Your Committee on Rules have had under consideration the resoluti?n referred to, it touching the amendmentof Senate Rule 44 and beg leave to submit the following resolution which they recommend be adopted, viz :

Resolved, That Senate Rule 44 be amended by striking out the words "a majority" on the 3d line of the printed rule and substituting therefor the words "two-thirds", so that said Rule 44 as amended shall read as follows:

Rule 44. No bill or resolution shall be transmitted to the House on the day of the passage thereof, unless two-thirds of the Senators present shall so order.
Respectfully submitted,

B. S. MILLER; Vice-Chairman.

Read and adopted.

. T}J.e followin,g message was received from His _Ex~ellen.cy~-the Governor, thro-ugh his Secretary, Mr.

Perry:

, .., I.

.....

)l.fr. P(',esUJ,ent;

:I amdi rectoo by His ExceUency the Governor, to deliver to your honorab}e bodya coinniurrieatioit' ih

806

JOURNAL OF THE SENATE,

writing, to which he respectfully invites your attention.
The following ~nate bill was taken up for the
purpose of concurring in the House amendment, to-
wit:

By Mr. Perry-
A bill to amend Section 1079, of Volume 1 of the Code of Georgia.
The House amendment was concurred in.
The following House bills were read the third time to be put upon their passage, to-wit:

By Mr. Rhodes of Clarke-
A bill to amend an Act to create the Board of Commissioners of Roads and Revenues for the County of Clarke.
The report of the Committee was agreed and upon the passage of the bill the ayes were 29, nays 0; the bill having received the requisite Constitutional majority, was passed.

By Mr. Allen of Glascock-
A 'bill to create a new charter for the town of Gibson in the County of Glasscock.
The report of the Committee was agreed to and upon the passage of the bill the ayes were 30, nays 0; the bill having received the requisite Constitutional majority, was passed.

THURSDAY, AuausT 14, 1913.

807

By Messrs. :McCarthy, Shuptrine and Myrick-
A bill to create and organize the Commissioners of Chatham County.
The report of the Committee was agreed to and upon the passage of the bill the ayes were 30, nays 0; the bill having receive,d the requisite Constitutio~aJ wa;jo]ity, was passed.

By Mr. Swift and others-
. A bill to provide and require the payment of taxes on property received by inheritance.
The report of the Committee was agreed and upon the passage of the bill the ayes were 26 and nays 0; the bill having received the Constitutional majority, w.as passed.
The following House resolution was taken up and concurred in, to~wit:

By Mr. Miller of Bibb-

r A resoJ:ution relative to t}le unfinished business of the Ge!tera) .Assembly.
: Th~.following House resolution was taken up:
,p..
By :Mr. Hardeman of J e:fferson-

A resolution providing that the officers of the

~!ln~te and::R~mse shall r~main: at the capitol five

.day~ 1\-fter .(!djou:r:nmenjAor. th~ purpose of :bringing

up the hnE?ii).es~ of the General.AE~semb1y.

... ~~~:~.r:~~_-:r

:t-~..-~:.;._ L ~_.~

. . ~, :..

~p.

808

JOURNAL OF THE SENATE,

The resolution was adopted as amended and the amendment was as follows :
Amend the last paragraph by striking out the words "one porter" and inserting two porters before the wordsa"of the Senate."
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has passed by the requisite Constitutional majority, the following bills :
A bill to amend Sections 2135 and 2136 of the Code of 1910 relative to the quarantine against the boll weevil.
A bill to authorize Judges of the Superior Courts to grant charter to provide corporations.
A bill to put in force the Constitutional amendment exempting certain farm products from taxation.
A bill to amend Section 2571 of the Code of 1910 relative to directors of navigation companies.
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 Senate:
A bill to provide for a system of draining.

THURSDAY, AuGusT 14, 1913.

809

A bill to require railroads to erect sign boards.
The House has passed by substitute by the requisite Constitutional majority, the. following bill of the Senate:
A bill to amend Section 414 of the Code of 1910 Telative to running freight trains on the Sabbath.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has agreed to the Senate amendments
to the following resolutions of the House: A resolution to appoint a Commission to investi-
gate the text-book question. A resolution relative to the unfinished business of
the General Assembly. Mr. Stark, Chairman of the Appropriation Com-
mittee, submits the fol1owing report:

Mr. President:
The Committee on Appropriations, to whom was referred. the General Appropriation bill, known as House Bill No. 389 together with the amendments thereto.
Your Committee report this bill and amendments back with the recommendation that the Senate recede: from their amendments that were disagreed to by the House.
W. W. STARK, Chairman.

810

JOURNAL OF THE SENATE,

Mr. President:
We, the undersigned members of the Appropriations Committee, beg leave to submit for the serious consideration of the Senate a minority report on House bill number_______-:-known as the general appropriation bill.
In the interest of the hon,or and credit of the State, we believe that it is imperative for the Senate to stand by its cuts in the general appropriation bill at this time.
With a present deficit in our State Treasury of more than nine hundred thousand dollars and the appropriation bill as insisted upon by the House of Representatives increasing that amount by two hundred and eighty thousand dollars it is impossible to conceive of this body refusing to stand by its guns and insist upon the reduction so wisely made, to the end that we may finally relieve the Treasury of the State of its present embarrassment and put the State on a sound financial basis.
It wili be inconsistent for this body to place itself on record first as favoring appropriations not to exceed the income of the State and then so soon as there is a remote prospect of increasing the revenues of the State to more than increase the appropriations to cover such prospective revenue increase.
Our tax act as yet is purely problemetical and it may meet the fate of its predecessor, (that is be repealed), before any beneficial results can :possibly flow. therefrom.

THURSDAY, AUGUST 14, 1913.

811

For this reason we feel that the Senate should

stand by and insist upon every reduction made in

the appropriation bill to the end that our treasury

deficit may be wiped out and the public servants of

the State who may have claims directly or indirectly

upon the State be paid promptly without having to

pay interest or discount on the same. We therefore

desire to go on record in this protest against all ap-

propriations in excess of revenue and for the furth-

er reduction of expenditures until the deficit in the

.. State

Treasury .

is

wiped

out..

Respectfully submitted,

M.D. IRWIN,

W. D. McNEIL,

L. L. FoRD,

A. H. BURTZ,

w. G.

TAYLOR,

w. w. STARK,

E. L.. 8MITH,

0. H. PARRISH.

Mr. Stark,. Chairman of the Appropriation Committee, submits the following report:

Mr. President:
The Committee on Appropriation has had under consideration House Bill No. 4, to be entitled an A'ct to esta!blish an institution to be known as ''The Georgia Training School for Girls," and I am directed to report the same back with a recommendation 'that it do pass as amended.
W. W. STARK, Chairman.

812

JOURNAL OF THE SENATE,

Mr. Stark, Chairman of the Appropriation Committee, submits the following report:

Mr. President:
The Committee on Appropriations have had under consideration House bill No. 533, providing for the payment of salaries of the Pure Food and Drug department and for other purposes, and I am directed to report the same back with a recommendation that it do pass.
The Committee has also had under oeonsideration House Bill No. 411, providing for the appropriation of $7,500.00 for the Chemical Department and for other purposes, and I am directed to report the same back with a recommendation that it do pass as amended.
The Committee has also had under consideration House Bill No. 359, providing for the appropriation for the State Board of Entomology and for other purposes, and I am directed to report the same back with a recommendation that it do pass as amended.
W. W. STARK, Chairman.

Mr. Stark, Chairman of the Appropriation Committee, submits the following report:

Mr. President:
Your Committee on Appropriations have had under consideration House Resolution No. 53, providing for the payment to Ron. T. H; Kimbrough, expenses attending the Cotton Tare Convention, and

THURSDAY, AuGUST 14, 1913.

813

I am directed to report the same back with a recommendation that it do pass.
Your Committee has also had under consideration House Bill No. 342, providing for the salary and clerk hire of the General Oil Inspector, and I am directed to report the same back with a recommendation that said bill do pass.
w. W. STARK, Chairman.

.The following House bill was read the third time to be put upon i.ts passage, to-wit:

By Mr. Akin of Glynn-
A bill to amend an Act approved August 13th, 1910 regulating the running of automobiles.
The following amendments were offered:
The Committee proposes to amend by striking from last paragraph of bill the following words beginning in the 4th line of said paragraph: ''The funds raised under this Act shall be known as a State Road Fund and the same shall be apportioned among the several counties of the State by the State Treasurer in proportion to the number of miles of rural route roads in the several counties, the same to be determined upon United States government reports."
The amendment was adopted.
Mr. Harrell moved to reconsider the action of the Senate in adopting the above amendment..

814

JOURNAL OF THE SENATE,

Upon this motion the ayes and nays were called. The vote was as follows:

Those voting in the affirma~ve were Messrs.-

Brown, John W. L. Jones, S. E.

Burtz, A. H.

Jones, W. W.

Bush, W. J.

Johnson, J. F.

Chennault, N. B. Kea, Fred,

Converse, W. L. Kelly, 0~ L.

Dickey, R. L.

Longino, J. T.

Foster, A. H.

McGregor, C. E.

Harrell, G. Y.

Moore, J. H.

Hixon, J. T.

Parrish, C. H.

Huie, G. M.

Peyton, J. T. Pope, Le, Rushin, M. E. tlearey, W. E. H. Sr. Smith, E. L. Tarver, M. C. Taylor, G. W. Turner, S. M. ,Wa.tts, J. N.

'Dhose voting in the negative were Messrs.-

Allen, John T. Bulloch, R. 0.
DuBose, R. T. Elkins, 0. H. Irwin, M. D.

McNeil, W. D.
:Miller, B. S. _
Olliff, W. M.
Perry, Qrant D.
RichardSon, C. H.

Spinks, W. E. Stark, W. W. Swea.t, J. L. Tyson, C. M.

rnb_ose not voting were Messrs.-
Ford, L. :L;
A~es 28, nays 14. The amendment was reconsidered.
Upon the adoption of the amendment the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Bulloch, R. 0.
Elkins, 0. H.
IrwiD, M.D.
McNeil, W. -D.
Miller, B. S.

Olliff, W .. M.

Spinks, W. E.

Perry, Grant D. Stark, W. W.

Rieha.rdson:; C. H. Sweat, J. L.

Searcy, W. E. H. Sr. Tyson, C. M._

Tii:UBSDAY, AUGUST 14, 1913.

815

Those voting in the negative were Messrs.-

Allen, John T. Brown, John W. L. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. Foster, A. H. Harrell, G. Y. Hixon, J. T.

Huie, G. M. Jones, S. E. Jones, W. W. Johnson, J. F.
Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. Moore, J. H.

Parrish, C. H. Peyton, J. T. Pope, Le, Rushin, M. E. Smith, E. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Watts, J. N.

Those not voting were Messrs..,.

DuBose, R. , T.

Ford, L. L.

Ayes 13, nays 28.

The amendment was lost.

The Committee proposed further to:

Amend by striking from the 9th and 32d lines of Section 1 (one) the words ''and shal1 be in lieu of municipal licenses or registrations.''

Amend further by striking the words ''and shall be in lieu of municipal licenses or registrations'' where the same appear, on lines 18 and 19 page two of the bill.

Amend by adding another section to be numbered four and numbering the other sections in accordance therewith.

Be it further enacted by the authority aforesaid, ,That Section 12 of the Act approved August 13th, 1~10, be and :the same is hereby amended by adding at the end of said section the following : ''And pro-

816

JouRNAL OF THE SENATE,

vided further that any municipality of this State shall have the right to pass ordinances requiring every person, firm or corporation residing in such municipality for a period as long as thirtydays, and owning or operating any of the machines or vehicles mentioned in this Act, to register the State License Number with the Clerk of council of said municipality or such other municipal officer as said municipality may direct, together with a brief description of said machine or vehicle, and to provide a penalty in such ordinances for failure to comply therewith.

So that when said Section 12 is amended it will read as follows :

Section 12. Be it further enacted by the authority aforesaid, That nothing contained in this Act shall be construed as changing or interfering with any regulation or ordinance which has heretofore or hereafter may be adopted by any municipality of this State regulating the running and operation of the machines described in this Act, provided such regulation or ordinance is not in conflict with the provisions of this Act; and provided further that .any municipality of this State shall have the right to pass ordinances requiring every person, firm or corporation residing in such municipality for a period as long as thirty days, and owning or operating any of the machines or vehicles mentioned in this Act, to register the State License Number with.the Clerk. of Council of said municipality or such other muni<!ipal officer as said municipality may direct, to- . gether with a brief description of said machine or

'rnunsnAY, AuGusT 14, 1913.

817

vehicle, and to provide a penalty in such ordinances for failure to comply therewith.
The amendment was adopted.
Committee proposed to further amend; amend the caption of the bill by adding the following in. the seventh line of the caption after the word provide registration and numbering of the same, etc., towit: "To provide that any municipality of the State shall have the right to pass ordinances requiring registration of the State license number with a municipal officer,'' etc.
The amendment was adopted.
The report of the Committee was agreed to as amended, and upon the passage of the bill the ayes were 30 and nays 0; the bill having received the requisite Constitutional majority, was passed as amended.
The following resolution was read and adopted:

By Mr. McNeil-
A resolution that it is the sense of the General Assembly that the acceptance on the part of the Ron.
J. C. Hart of the office of Tax Commissioner of this
State and his performance of the duties of said office should and will conflict in no wise with any contracts existing between the said John C'. Hart, as Attorney and the State of Georgia.
The following House resolution was read the third time to be put upon its passage:

818

JOURNAL OF THE SENATE,

By Mr. Slater of Bryan-

A resolution to authorize the Penitentiary Committees of the House and Senate to visit th~ convict camps in vacation.

The report of the Committee was agreed to and upon the passage of the resolution the ayes .and nays were ordered. The vote was as follows:

Those voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. F~lkins, 0. H. Ford, L. L. Foster, A. H. Huie, G. M. Irwin, M. D.

Jones, S. E. Jones, W. W. Johnson, J. F.
Kea, Fred, Longino, J. T. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Pa~h, C. H. Pope, Le, Richardson, C. If.

Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L.
Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.

Those not voting were Messrs.-

Dickey, R. L. DuBose, R. T. H11rrell, G. Y.

Hixon, J. T. Kelly, 0. L. M<'Gregor, C. E.

Perry, Grant D. Peyton, J. T.

Ayes :33, nays 0.

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

The fo1lowing House bills were read the. third time to be put upon their passage:

THURSDAY, AUGUST 14, 1913.

819

By Mr. Wright of Floyd-
A bill to create a commission to investigate and
report upon a lease of the ,V. & A. R. R.
The report of the Committee was agreed to and upon the passage of the bill by substitute the ayes and nays were ordered and the vote was as follows :

. Those voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burt.t, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Elkins, 0 .. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, 1\L D. Jones, S. E. Jones, W. W. .JQhnson, J. F.
Kea, Fred, Longino, J. T. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Perry, Grant D.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L.' 'farver, M. C. Taylor, G. W. Tyson, C. M. Watts, J. N.

Those not voting were Messrs.-

Dickey; R. L. DuBose, R. T.

Kelly, 0. L. McGregor, C. E.

Peyton, J. T. Turner, S. M.

Ayes 37, nays 0.

The bpl having received the requisite Constitutional majority, was passed by substitute.

By Messrs. Smith of Fulton and Olive of Richmond-
A bill to define the duties and powers of the Courts of this State affecting the custody of minor children.

820

JouRNAL OF THE SENATE,

The report of the Committee was agreed to and upon the passage of the bill the ayes and nays were ordered.
The vote was as follows:

~Phose voting jn the affirmative were Messrs.-

Allen, John T. Bulloch, R. 0. Bnrtz, A. H. Bush, W. J. Chennault, N. B. Converse, Vv. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y.

Hixon, J. T. Huie, G. M. Irwin, M. D. Jones, S. E. Jones, W. W. Kea, Fred, Longino, J. T. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H.

Perry, Grant D. Peyton, J. T.
PoM, Le, Richardson, C. H. Rushin, M. E.
Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Sweat, J. L. Turner, S. M. Tyson, C. M. Watts, J. N.

Those voting in the negative were Messrs.-

Stark, W. W.

Tarver, M. C.

'rhose not voting were Messrs.-

Brown, John W. L. Kelly, 0. L.

Johnson, J. F.

McGregor, C. E.

Taylor, G. W.

Ayes 36, nays 2.

"The bill having received the requisite Constitutional majority, was passed.

By request of the author, Senate Bill No. 77 was withdrawn.
Upon motion, the Senate adjourned until 3 o'clock P.M.

THURSDAY, AUGUST 14, 1913.

821

The Senate met pursuant to adjourn,ment at 3 o'clock; was called to order by the President.
On the call of the roll the following members answered to their names:

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, M. D. Jones, S. E.
Jones, w. W.
Johnson, J. F.
Kea, Fred, Kelly, 0. L. Longino, J. T. McGregor, C. E. McNeil, W. D. Miller~ B. S. Moore, J. H. Olliff, W. M. Parrish, C. H.
Perry, Grant D. Peyton, J. T.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Smith, E. L.
Spinks, W. E.
Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.
l\fR. PRESIDENT.

Mr. Miller moved to reconsider the action of the Senate in passing the following bill of the Honse:

By Mr. Akin-
A bill to amend an Act approved August 13, 1910 regulating the running of Automobiles in this State and for other purposes.
On this motion the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Brown, John W. L. DuBose, R. T. Elkins, 0. H. Irwin, M. D. McNeil, W. D.

Miller, B. S. Moore, J. H. Olliff, W. M. Perry, Grant D. Richardson, C. H.

Searcy, W. E. H. Sr. Spinks, W. E. Stark, W. W. Sweat, J. L. Tyson, C. M.

822

JOURNAL OF THE SENATE,

Those voting in the negative were Messrs.-

.Allen, J ()hn T. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. C()nverse, W. L. Dickey, R. L. Ford, L. L. Foster, A. H.

Harrell, G. Y. Hixon, J. T. Huie, G. M. .Jones, S. E. Jones, W. W. ,Johnson, J. F.
Kea, Fred, Kelly, 0. L. Longino, J. T.

McGregor, C. E. Parrish, C. H. Peyton, J. T. Pope, Le, Smith, E. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Watts, J. N.

Those not voting were Messrs.-
Rushin, M. E.
Ayes 15, nays 27. The motion was lost The folJowing House resolutions were read the third time and put upon their passage:

By Mr. Thompson-
A resolution to authorize and compensate the State Sanitarium and Penitentiary Committee to visit thPSanitarium and farm during recess.
Report of the Committee was agreed to.
Upon the passage of the resolution the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chenna1,1lt, N. B. Converse, W. L.

Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H.
Harrell, G. Y. Hixon, J. T.

Huie, G. M. Irwin, M. D. Jones, S. E.
Jones, W. W. Johnson, J. F.
Kea, Fred,
Kelly, 0. L.

THURSDAY, AUGUST 14, 1913.

823

Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H.

Perry, Grant D. Swea.t, J. L.

Peyton, J. T.

Tarver, M. C.

Pope, Le,

Taylor, G. W.

Richardson, C. H. Turner, S. M.-

Searcy, W. E. H. Sr. Tyson, C. M.

Spinks, W. E.

Watts, J. N.

Stark, W. W.

Those not voting were Messrs.-

Rushin, M. E.

Smith, E. L.

Ayes 41, nays 0.

The resolution having received the requisite Con!;ltitutional majority, was passed as amended und the amendment is as follows: Amend by striking the words State Penitentiary when they occur, also by striking the words State Farm when they occur.

Mr. Olliff, Chairman of the Committee on Engrossing, submitted the following repo~:

Mr. President :
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House, the following Senate resolution, to-wit:
A resolution that it is the sense of the General Assembly that the acceptance on part of Hon. John C. Hart as Tax Commissioner will not conflict mth any contraits between said John C. Hart as Attorney and the State of Georgia.
Respectfully submitted,
W. M. OLLIFF, Chairman.

824

JouRNAL oF THE SENATE,

~fr. Stark, Chairman of the Appropriation Committee, submits the follows report:

Mr. President:
The Committee on Appropriations have had under consideration House Bill No. 446, to appropriate ten thousand dollars to the Department of Agriculture and for other purposes, and I am directed to report the same back with a recommendation that it dopass as amended.
W. W. STARK, Chairman.

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

Mr. President :
The House has passed as amended by the requi,;;ite Constitutional" majority, the following bill of the Senate, to-wit:
A bill to regulate the operation of insurance companies.
The following message was received from the House through Mr. Boifeuillet, the (!Jerk thereof:

Mr. Ptesident :
~rhe House has passed by the requisite Constitutional majority, the following bill of the Senate, towit:
A bill to provide for maintaining causeways and other approaches to public bridges.

THURSDAY, AuausT 14, 1913.

825

. The House has adopted the following resolution of the Senate:
A resolution relative to Honorable John C. Hart.
The House has adopted the following resolution of the House:
A resolution that the General Assembly adjourn sine die at 4 :30 o'clock P. M.
Mr. Huie, Chairman of the Committee on Banks, submitted the following report:

Mr. President : The Committee on Banks have had under consid-
eration 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 create in the Treasury Department, a Bank Bureau.
Respectfully submitted, G. M. HuiE, Chairman.

Upon motion, House Bill No. 109 being a bill to create a permanent qualification for qualified voters of this State, was withdrawn from the Rules Committee and referred to General Judiciary Committee.
The following communication was received from His Excellency the Governor through his Secretary, Mr. Ulm:
Mr. President :
I am directed by His Excellency the Governor to

826

JouRNAL OF THE SENATE,

deliver to your honorable body a sealed communication to which he respectfully invites your consideration in Executive Session.
Mr. McNeil, Chairman of the General Judiciary Committee, submits the following report:

Mr. President:
The General Judiciary Committee has had under consideration the following bill pf the House, which it instructs me to report back with the recommendation that the same do pass:
A bill to provide for a permanent registration book for the voters of this State.
Respectfully submitted, W. D. McNEIL, Chairman.

rrhe following House bill was read the third time and put upon its passage:

By Messrs. Miller and Jones-
A bill to establish an institution to be known as The Georgia Training School for girls and for otlwr purposes.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 32, nays 10; the bill having received the requisite Constitutional majority was passed as amended and the amendments are as follows: Amend Section 2 by striking out the figures and words $20,000.00 in line 14 of said section and inserting in lieu thereof the

THURSDAY, AUGUST 14, 1913.

827

figures and words $10,000.00. Amend Section 2 by striking out the proviso at the end of said section beginning with the word provided in line 23 of said section.

On motion, the session was extended until 6 o'clock this afternoon.

On motion, when the Senate adjourns this afternoon it will meet again at 8 o'clock P. M.

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

Mr. President:
The House has passed by the requisite Constitutional majority, the following bill of the Senate:
A bill to amend the Act to prevent the adulteration of food, etc.
The House has agreed to the Senate amendment to following bills and resolution of the House:
A bill to create a commission on the lease of the W. & A. R. R.
A bill to amend an Act to regulate the running of automobiles.
A resolution to authorize the Committees on the State Sanitarium to visit that institution in vacation.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

828

JouRNAL OF THE SENATE,

Mr. President:
The House has passed by the requisite Constitutional majority, the following resolution of the House.
A resolution relative to a Legislative Reference Bureau.
At 4:30 o'clock the Senate went into executive session.
Mr. McNeil moved that the Senate by a nsmg vote express their confidence and esteem in its presiding officer Hon.J. Randolph Anderson. The vote was unanimous with the exception of one vote.
The following resolution was read and ad(lpted:

By Mr. Huie of the 35th DistrictResolved by the Senate, That the thanks of the
Senate a)'"\ hereby extended to the President for the very able efficient and impartial manner in which he has presided over the deliberation of the Senate for 1913 session.
The following House bill was taken up with Senate amendments, in which the House refuses to concur.

By Mr. wheatley-
A bill to make appropriations to the Legislative, Executive and .Judicial Departments of the State Government. - Mr. Rule moved that the Senate recede fro~ all its amendment in :which tlie House refused to concur

THURSDAY, AUGUST 14, 1913.

829

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

Those voting in the affirmatiV'e were Messrs.-

Allen, John T.
Bulloch, R. 0.
Chennault, N. B. Converse, W. L. DuBose, R. T. Foster, A. H. Harrell, G. Y. Hixon,. J. T.
Huie, G. M.

Johnson, J. F. Kea, Fred, Longino, J. T.
Miller, B. 8. Moore, J. H.
Olliff, W. M. Parrish, C. H.
Perry, Grant D.

Pope, Le, Richardson, C. H. Rushin, M.. E. Searcy, W. E. H. Sr. Spinks, W. E. Rweat, J. L. Tarver, M. C. Turner, 8. M.

Those voting in the negative were Messrs.-

Brown, John W. L. Burtz, A. H. Bush, W. J. Dickey, R. L. Elkins, 0. H.

Ford, L. L. Irwin, M. D. .Jones, S. E. .Tones, W. W. McGregor, C. E.

McNeil, W. D. Smith, E. L. Stark, W. W. Taylor, G. W. Tyson. C. M.

Those not voting were Messrs.-

Kelly, 0. L.

Peyton, J. T.

Ayes 25, nays 15.

Watts, J. N.

The motion prevailed.

The following resolution of the House was read the third time and put upon its passage:

By Mr. Wohlwender-
A resolution to pay the expenses of Hon. T. H. Kimbrough as a .member of Cotton Tare Committee in attending convention in Washington, D. C. and Raleigh, N. C.
. Report of the Committee was agreed to.
'

830

JouRNAL OF THE SENATE,

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

'l'hose voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. Elkins, 0. H.
Ford, L. L. Foster, A. H. Harrell, G. Y.

Hixon, J. T. Huie, G. M. Jones, S. E. Jones, W. W. Johnson, J. F.
Kea, Fred, Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M.

Parrish, C. H. Perry, Grant D. Pope, Le,
Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Stark, W. W. Rweat, J. L. Tarver, M. C. Turner, S. M. Tyson, C. M.

Those not voting were Messrs.-

DuBose, R. T. Irwin, M. D. Kelly. 0. L.

Peyton, J. T. Smith, E. L. Spinks, W. E.

Ayes 35, nays 0.

Taylor, G. W. Watts, J. N.

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

The following Senate bill was taken up with House amendment and the amendment 'was con<'Urred in.

R~T Mr. Bush-
A hi11 to regulate and control the organization and operation of insuran('e ('Ompanies in this State.
The nmendments are as follows: Amendment to Senate Bill No. 24:

THURSDAY, AuGUST 14, 1913.

831

Strike the caption and substitute in lieu thereof the following:
A bill to be entitled an Act to better regulate and control the organization and operation of corporations (foreign and domestic) doing an industrial, health, life or accident insurance business in the State of Georgia, and to provide penalties, and for other purposes.
Section 1. Amend by adding the following pro-
VlSO:
Provided nothing contained in this section, nor in this Act shall apply to any company or corporation except to companies or corporations doing an industrial, life, health or accident insurance business; nor shall it apply to any policy, membership or beneficial certificate except it be an industrial, health, life or accident ins~rance policy, membership or certificate.
Section 6. Amend by striking six and substituting in lieu thereof the following:
Be it further enacted by the authority aforesaid, That the Insurance Commissioner or the Deputy Insurance Commissioner of this State shall have full power to issue subpoenas and process requiring the presence of witnesses and the production of books and papers before him at the place where any investigation is being had by him, or either of" them; and in the event any person who is served with such subpoena fails to comply therewith he shall be punished as for a contempt by the Superior Court of

83:2

JouRNAL OF THE SENATE,

the county in which hearing is being had, and the Superior Courts of this State are fully empowered hereunto, including the power to issue attachments or other processes or notice, to the end that the person so subpoenaed may have his proper notice and his day in court.
The following message was received from the House through Mr. Boifeuillet., the Clerk thereof:

Mr. President:
The House has adopted the following joint resolution:
A resolution to appoint a committee of three from the House and two from the Senate to notify the Governor that the General Assembly is now ready to adjourn.
The Speaker has appointed the following members as committee o"n part of the House:
Messrs. Dorough, Wall, Clements.
The following message was read from the Goveror:

Executive Department, August 14th, 1913.

To the General Assembly:
By resolution, you have authorized me to borrow not exceeding five hundred thousand dollars, in accordance with the Constitutional provisions upon the subject.

THURSDAY, AUGUST 14, 1913.

833

I have the. honor to report to you, that in accordance with the authority given and the desire implied by the passage of the resolution, I have made arrangement to borrow the sum of. four hundred and seventy-five thousand dollars at three per cent interest.
The banks agreeing to make the lonns are as follows:
Atlanta National Bank, At1anta ____$200,000.00 Fourth National Bank, Atlanta ____ 100,000.00 American National Bank, Atlanta__ 75,000.00 Fulton National Bank, Atlanta_____ 50,000.00 Third National Bank, Atlanta______ 25,000.00 Lowry National Bank, Atlanta_____ 25,000.00 The banks making these loans will be compelled
to borrow the money in New York at a rate approximating six per cent (6~/,; ), and their action, in coming to the help of the State at this time, during a severe stringency and their willingness to suf!er financial loss to aid the State, entitle them to the gratitude of the people of the State of Georgia.
Their action is a further tribute to your body, in that it expresses their confidence in the financial responsibility of the State.
The money so borrowed will be immediately utilized for the payment of the public school teachers, who have not received one dollar from the State up to this time. This confidence in the business meth-ods of the State and the patriotism of thelie finan.ciers will result in enhancing the financial reputa-

834

JouRNAL OF THE SENATE,

tion of the State of Georgia and will contribute to the disposition of its bonds on more advantageous terms.
It shows that the banks of the City of Atlanta, at the seat of government, have unlimited confidence in the. financial responsibility of Georgia and are willing to evidence it in a practical way.
It is appropriate to say that two of the banksthe Lowry National Bank and the Third National Bank-are not State Depositories and are therefore under no special obligation to loan the money but have done so purely from patriotic motives and principally to aid Georgia in the solution of her financial problems.
I desire to express my thanks to Hon. W. J. Speer, the State Treasurer, for invaluable aid and co-operation in obtaining this loan.
In my judgment, the ability of the State, at this time, to make the best financial arrangement that has been made in the United States, is an approval of your course and may be taken home to your Jconstitutents as a marked tribute to your services.
Respectfully submitted, JOHN M. SLATON, Governor.
The following House bills and resolution were read the third time and put upon their passage:
By Mr. Wheatley-
A bill to appropriate the sum of $13,286.80 to pay
for work already done on the State Capitol.

THURSDAY, AUGUST 14, 1913.

835

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 affilrm.ative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Converse, W. L. Dickey, R. L. Foster, A. H. Hixon, J. T.

Huie, G. M. Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Longino, J. T. McGregor, C. E. Olliff, W. M. Perry, Grant D..

Richardson, C. H. Rusb[n, M. E. Searcy, W. E. H. Sr. Stark, W. W. Sweat, J. L. Tarver, M. C.
Taylor, G. W. Tumer, S. M. Tyson, C. M.

Those not voting were Messrs.-

Chennault, N. B. DuBose, R. T. Elkins, 0. H. Ford, L. L. Harrell, G. Y. Irwin, M. D.

Kelly, 0. L. McNcil, W. D. Miller, B. S. Moore, J. H. Parrish, C. H.

Ayes 27, nays 0.

Peyton, J. T. Pope, Le, Smith, E. L. Spinks, W. E. Watts, J. N.

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

Amend by adding a new section to be numbered No.2.

Be it further enacted that the sum of $96.00 be and the same is hereby appropriated to pay for electric fans for the Senate Chamber of the Capitol to be paid by warrant on the Tre~;tsury. Amend further by renumbering the repealing clause, also amend caption by adding thereto the words ninty-

836

JouRNAL OF THE SENATE,

six ($96.00) dollars to pay for electric fans for the Senate Chamber.
Committee amends by striking $13,286.80 and substituting therefor $10,000.00.

By Messrs. Wimberly and Kimbrough-
A bill to appropriate the_sum of $7,500.00 dollars for the Department of Agriculture for the Chemical Department.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

ThoS'e voting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Bulloch, R. 0. Burtz, A. H. Bush, W. J. Converse, W. L. Dickey, R. L. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Irwin, l\L )')
Jones, S. E . .Jones, \V. W. Johnson, J. F. Kea, Fred, Longino, J. T. llliller, B. S. Olliff, W. M. Parrish, C. H. Perry, Grant D. Pope, Le,

Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr Smith, E. L. Spinks, W. E. Stark, W. W. Swe-at, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M.

rhose voting in the negative were Messrs.-
McGregor, C. E.

Those not voting were Messrs.-

Chennault, N. B.
DuBose, R. T.
Elkins, 0. H.

Ford, L. L. Kelly, 0. L. McNeil, W. D.

Ayes 33, nays 1.

Moore, J. H .. Peyton, J. T. Watts, J. N.

THURSDAY, AuGUST 14, 1913.

837

The bill having received the requisite Constitutional majority, was passed as amended and the amendment is as follows: .Amend by striking in line 11, Section 1 the words said appropriation to be an annual appropriation.

By Mr. Booker-
A bill to appropriate the sum of $10,000.00 to the Department of Agriculture.
Report of the Committee was disagreed to and the bill was lost.
On motion, the action ~f the Senate was reconsidered in disagreeing to the report of the committee.

By Messrs. Hammack and Slater-
A bill to appropriate the sum of $20,000.00 to the State Board of Entomology, $5,000.(;!1 to be immediately available to be expended on work of board on wilt or blackroot.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, John T. Burtz, A. H. Chennault, N. B. Converse, W. L. Dickey, R. L. Foster,- A. H.
Harrell, G. Y. Hixon, J. T.

Huie, G. M. Jones, S. E. Johnson, J. F. Kea, Fred, Longino, J. T. McNeil, W. D. Miller, B. S. Moore, J. H.

Parrish, C. H.
Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Spinks, W. E. Stark, W. W. Swe.at,. J. L.

838

.JouRNAL OF THE SENATE,

Tarver, M. C. Taylor, G. W.

Turner, S. M.

Tyson, C. M.

Those voting jn the negative were Messrs.-

Bush, W. J.
DuBose, R. T.
Irwin, M. fi.

Jones, W. W. McGregor, C. E;

Olliff, W. M. Perry, Grant D.

Those not voting were Messrs.-

Brown, John W. L. Ford, L. L.

Bulloch, R. 0.

Kelly, 0. L.

Elkins, 0. H.

Peyton, J. T.

Ayes 28, nays 7.

Smith, E. L. Wat1B, J. N.

The bill having. receive<! the requisite Constitutional majority, was passed as amended.

Amend by striking in line 1 the figures $20,000.00 and substituting in lieu thereof $15,000.00.

Also strike the words "per annum" in said line.

Also the words for ''two years'' in the second line of caption.

Also further amend by striking the figures $20,000.00 in line two of Section 1 and substituting in lieu thereof $15,000.00.

Also amend by striking in line two, of Section 2 the words "amendment appropriated for 1914 be" and substitute in lieu thereof the words said appro priation.

By Mr. Picket-
A resolution to appropriate certain money to .T. H. Oxford, et al.

THURSDAY, AUGUST 14, 1913'.

839

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 wting in the affirmative were Messrs.-

Allen, John T. Brown, John W. L. Burtz, A. H. Bush, W. J. Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Foster, A. H. Harrell, G. Y. Hixon, J. T. Huie, G. M.

Jones, S. E. Jones, W. W. Johnson, J. F. Kea, Fred, Longino, J. T. McGregor, C. E. McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Parrish, C. H. Pen-y. Grant D. Pope, Le,

Richardson, C. H. Rushin, M. E.
. Searcy, W. E. H. Sr. Smith, E. L. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. Tyson, C. M. Watts, J. N.

Those not voting were Messrs.-

Bulloch, R. 0. Ford, L. L.

Irwin, M. D. Kelly, 0. L.

Peyton, J. T.

Ayes 38, nays 0.

'rhe resolution having received the requisite Constitutional majority, was passed.

By Messrs. Stovall and Kimbrough-
A bill to amend Se~tion 1811, Volume 1 of the Code of 1910, so as to provide for compensation of General Oil Inspector.
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:
.

840

JOURNAL OF THE SENATE,

Those voting in the affirmative were Messrs.-

Allen, John T.

Jones, S. E.

Brown, John W. L. Jones, W. W.

Burtz, A. H.

'Johnson, J. F.

Bush, W. J.

Kea, Fred,

Chennault, N. B. Longino, J. T.

Converse. W. L.
Dickey, R. L.

McGregor, C. E. McNeil, W. D.

Elkins, 0. H.

Miller, B. S.

Foster, A. H.

Moore, J. H.

Harrell, G. Y. " Olliff, W. M.

Hixon, J. T.

Parrish, C. H.

Hnie, G. M.

Perry, Grant D.

Pope, Le, Richardson, C. H. Rushin, M. E. Searcy, W. E. H. Sr. Spinks, W. E. Stark, W. W. Sweat, J. L. Tarver, M. C. Taylor, G. W. Turner, S. M. 'fyson, C. M. Watts, J. N.

Those not voting were Messrs.-

Bulloch, R. 0. DuBose, R. T. Ford, L. L.

Irwin, M. D. Kelly, 0. L.

Ayes 36, nays 0.

Peyton, J. T. Smith, E. L.

The bill having received the requisite Constitu~ tional majority, was passed.

By Mr. Green-
A bill to appropriate. a slifficient sum of money for the purpose of paying the salaries of the pure food and drug department.
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.-

Brown, John W. L. Chennault, N. B.

Burtz, A. H.

Converse, W. L.

Bush, W. J.

Dickey, R. L.

DuBose, R. T. Elkins, 0. H. Foster. A. H.

THURSDAY, AuGusT 14, 1913.

841

Harrell, G. Y. Hixon, J. T. Hnie, G. M. Irwin, M. D.
Jones, S. E. Jones, W. W. Johnson, J. F.
Kea, Fred, Longino, J. T.

1\IcGregot, C. E.
McNeil, W. D. Miller, B. S. l'lfoore, J. H. Parrish, C. H. Perry, Grant D. Pope, Le, Richardson, C. H.

Rushin, M. E. Searcy, W. E. H. Sr. Spinks, W. E. Stark, W. W. Sweat, J. L. Taylor, G. W. Turner, S. M. Tyson, C. M.

rrhose voting in the negative were Messrs.-
Tarver, M. C.

Those not voting were Messrs.-

Allen, John T. Bnlloeh, R. 0.

Kelly, 0. L. Olliff, W. M.

Ford, L. L.

Peyton, J. T.

..Ayes :H, nays 1.

Smith, E. L. Watts, J. N.

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

By Mr. Wright-
A bill to create a permanent qualification book for qualified voters of this State.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 2H, nays 2; the bill having received the requisite Constitutional majority, was passed.

By Mr. Blackburn-
A bill to amend Section 887 of the Code of Georgia of 1910.
Report of the Committee was agreed to.

842

JouRNAL OF THE SENATE,

Upon the passage of the bill the ayes were 29, nays 0; the bill having received the requisite Constitutional majority, was passed.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has agreed to the Senate amendments to the following bills of the House.
A bill to make appropriation t9 the State Board of Entomology to be expended on work on cotton wilt and Mexican boll weevil.
A bill to make appropriation to pay for repairs
on the State Capitol.
A bill to make appropriation to the Chemical Department of the Department of Agriculture.
The following Senate bill was taken up with House substitute:

By Mr. McNeil-
A bill to amend Section 414 of the Penal Code of Georgia, adopted August 15, 1910.
Mr. Tarver moved to disagree to the House substitute, and on this motion the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Bush, W. J. Hixon, J. T.

Huie, G. M. Johnson, J. F.

J..ongino, J. T. McGregor, C. E.

THURSDAY, AUGUST 14, 1913'.

843

Parrish, C. H. Pope, Le,

Searcy, W. E. H. Sr. Taylor, G. W. Tarver, M. C.

'Dl.ose voting in the negative were Messrs.-

Allen, John T. Brown, John W. L. Burtz, A. H. .
Chennault, N. B. Converse, W. L. Dickey, R. L. DuBose, R. T. Elkins, 0. H. Ford, L. L. Foster, A. H.

Harrell, G. Y. Irwin, M. D. Jones, S. E.
Kea, Fred, McNeil, W. D. Miller, B. S. Moore, J. H. Olliff, W. M. Perry, Grant D.

Richardson, C. H. Rushin, M. E. Smith, E. L. Spinks, W. E.
Stark, W. W. Sweat, J. L. Turner, S. M. Tyson, C. M. Watts, J. N.

Those not voting were Messrs.-

Bullooh, R. 0. Jones, W. W.

Kelly, 0. L.

Peyton, J. T.

Ayes 11, nays 28.

The motion was lost.

On the adoption of the substitute the ayes were 25, nays 10; the substitute was adopted.

By Messrs. Spence and Wohlwender-
A bill to regulate the sale of stocks and bonds and other securities and to provide for punishment for violation of same.
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.

844

JouRNAL OF THE SENATE,

By Mr. Olive-:
A bill to amend Section 5645 of the Code of 1910 relative to the manner of verifying petitions.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 25, nays 0; the bill having received the requisite Constitutional majority, was passed.
The following House resolutions were read and concurred in:

By Mr. Bullard-
A resolution relative to a Legislative Reference Bureau.

By Mr. Dorough-
A resolution appointing a committee of three from the House and two from the Senate to notify the Governor that the General Assembly had completed its business and was ready to adjourn.
Committee on part of Senate was Senators Jones and Pope.
On motion, the following bill of the House was indefinitely postponed:

By Mr. Redwine-
A hill to amend the Act creating in the Treasury Department a Bank Bureau. .
The President appointed Mr. Bush as a member

THuRsDAY, AuousT 14, 1913'.

845

of the Penitentiary Committee in the place of Mr. Richardson, who asked to be relieved from serving.
The President appointed as members of the committee on part of the Senate (under Rouse Bill No. 73) to investigate and report upon the release of the Western and Atlantic Railroad, Messrs. Brown, Tarver and McNeil.
The President appointed as members of the committee on part of the Senate (under House Resolution No. 30) to investigate the school book condition, Messrs. Miller and Foster.
Under Senate Resolution No. 41, providing for a commission to investigate and report upon the general revhlion of civil and criminal procedure, the President appointed the following as members of said committee on part of the Senate: Messrs. Irwin and Elkin.
Mr. Jones of 39th District on part of the committee to wait upon His Excellency the Governor, and inform him that the General Assembly had finished all business before it, reported that they had called upon the Governor and he had no further communication to make.
The following message was received from the House through Mr. Boifeuil1et, the Clerk thereof:

Mr. President:
The House has failed to pass the requisite Constitutional majority on the following bills of the Senate, to-wit:

846

JouRNAL OF THE SENATE,

A bill to repeal Section 31 of the General Insurance Act.

A bill to revise the jury lists.

A bill to amend Section 3955 of the Code of 1910 relative to trust companies heing appointed County Administrators.

Under the provisions of House Bill No. 73, authorizing a joint committee of the House and Senate on the lease of the Western and Atlantic Railroad, the Speaker appointed the following members as oommittee on part of the House: Messrs. Barry Wright, Chairman; H. J. Fullbright, L. R. Akin, A. B. Green of Houston, E. D. Cole.

Under the provisions of House Resolution No. 30, authorizing a joint committee on the school text-book question, the Speaker appointed the following members as committee on the part of the House: Messrs. C. R. McCrory, Chairman; W. J. Nunnally, Herman C. Shuptrine.

Under the provisions of Senate Resolution No. 41, authorizing a joint committee on the revision of the civil and criminal procedure in the Courts of this State, the Speaker appointed the following members as committee on the part of the House: Messrs. John C. Cheney, Chairman; H. W. Hopkins, N. F. Culpepper of Meriwether.

Mr. Tyson, Chairman of the Committee on Enrollment, submitted the following report:

THURSDAY, AuausT 14, 1913'.

847

Mr. President:
The Oommittee 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, towit:
An Act to establish a system of public schools in the town of Alamo.
An Act to amend an Act of August 21, 1906 to in-
corporate the town of Marshallville.
An Act to amend an Act to incorporate the City of Blackshear.
An Act to amend Section 2878 of the Code of 1910. An Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Ware.
An Act to amend an Act creating the Department of Commerce and Labor.
An A:ct to provide for election of United States Senators by the people.
An Act to amend the charter of Forest Park.
An Act to amend Section 2571 of the Code of 1910 as to the number of directors required of navigation companies.

An Act to give all courts of. original jurisdiction in the State of Georgia authority in certain cases to so mould their sentences as to allow defendants, upon rendition of a verdict of guilty, to serve same

848

JouRNAL OF THE SENATE,

outside the confines of the chaingang, jail or other place of detention.
An Act to amend Section 2854 of the Code of 1910.
An Act to amend the charter of the City ~f Macon.
An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Bulloch.
An Act to increase the number of terms of the Superior Court of Paulding County.
An Act to amend Section 2166 of the Code of 1895 as the same relates to railroad charters.
A resolution providing for the appointment of a Commission to revise the civil and criminal procedure of the State.
A resolution relative to the appointment of Hon. John C. Hart as T'ax Commissioner.
An Act to amend an Act to more thoroughly carry into effect an Act to prevent the adulteration of food.
An Act to amend an Act providing for a system of draining and reclaiming wet swamp and overflowed lands.
A resolution looking to the preservation of Ft. Frederica, St. Simons Island, by the United States.
An Act to put in force the Constitutional amendment ratified at the November election in 1912 authorizing the General Assembly ~., exempt farm products from taxation.

THURSDAY, AUGUST 14, 1913'.

849

An Act to amend an Act to incorporate the City of Lavonia in the County of Franklin.
An Act to require all persons or corporations operating railroads in the State of Georgia to erect sign boards at certain points.
An Act to authorize and empower Judges of the Superior Court to grant charters to private companies in vacation.
An Act to prescribe the amount of costs in cases involving $100.00 or less in the City Court of Dublin.
An Act to amend Section 414 of the Penal Code, relative to running freight trains on the Sabbath.
An Act to amend Sections 2135 and 2136 of the Code of 1910.
l
An Act to amend Section 1079, of Volume 1 of tl1e Code of 1910.
An Act to provide for. maintaining cause ways and other approaches to public bridges, between two counties.
An Act to regulate the practice of medicine in this State, and for other purposes.

An Act to amend the charter of the town of Arlington.

An Act to relieve T. B. Hicks of Dublin, Georgia as surety upon bond of John Walker.

An Act to amend the Act establishing the City Court of Oglethorpe.

85o

JouRNAL OF THE SENATE,

An Act to regulate and control the organization and operation of certain classes of insurance compnies.
Respectfully submitted, C. M. TYsoN, Chairman.

Mr. Tyson, 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 Representatives and delivered to the Governor, the following Acts and Resolutions, to-wit:
An Act to establish a system of public schools in the town of Alamo.
An Act to amend an Act of August 21, 1906, to incorporate the town of Marshallville.
An Act to amend an Act to incorporate the City of Blackshear.
An Act to amend Section 2878 of the Code of 1910.
An A'Ct to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Ware.
An Act to amend an Act creating the Department of.Commerce and Labor.
An AICt to provide for election of United States Senators by the people.

THuRSDAY, AuousT 14, 1913'.

851

An Act to amend the charter of Forest Park.
An Act to amend Section 2571 of the Code of 1910 as to the number of directors required by Navigation Companies.

An Act to give all courts of original jurisdiction in the State of Georgia, authority in certain cases to so mould their sentences as to allow defendants, upon rendition or' a verdict of guilty, to serve same outside the confines of the chaingang, jail or other . place of detention.

An Act to amend Section 2854 of the Code of 1910.

An ...let to amend the charter of the City of Macon.

. An Act to amend an Act creating a Board of Commisisoners of Roads and Revenues for the County of Bullock.

An Act to increase the number of terms of the Superior Court of Paulding County.

An Act to amend Section 2166 of the Code of 1895 as the same relates to railroad charters.

A resolution providing for the appointment of a commission to revise the civil and criminal procedure of the State.
A resolution relative to the appointment of Hon. .John C. Hart as Tax Commissioner.
An .AJct to amend an Act to more thoroughly carry into effect an Aet to prevent the adulteration of food.

852

.JOURNAL OF THE SENATE,

.Am Act to amend an Act providing for a system of draining and reclaiming wet swamp and overflowed lands.
A resolution looking to the preservation of Fort Frederica, St. Simons Island, by the United States.
An Act to put in force the Constitutional amendment ratified at the November election in 1912, authorizing the General Assembly to exempt farm products from taxation.
An Act to amend an Act to incorporate the City of Lavonia in the County of Franklin.
An Act to require all persons or corporations operating railroads in the State of Georgia to ered sign boards at certain points.
An Act to authorize and empower Judges of the Superior Court to grant charters to private companies in vacation.
An Act to prescribe the amount of costs in cases involving $100.00 or less in the City Court of Duh1in.
An Act to amend Section 414 of the Penal Code relative to the running of freight trains on the Sabbath.
An Act to amend Sections 2135 and 2136 of the Code of 1910.
An Act to amend Section 1079, of Volume l, of the Code of 1910.
An Act to provide for maintaining cause ways an<l

THURSDAY, AuGUST 14, 1913.

853

other approaches to public bridges, between two counties.

An Act to regulate the practice of medicine in this

State, and for other purposes.



An Act to amend the charter of the town of Arlington.

An Act to relieve T. B. Hicks of Dublin, Georgia, as surety upon bond of John Walker.

An Act to amend the Act establishing the City Court of Oglethorpe.

An Act to regulate and control the organization and operation of certain classes of Insurance companies.
Respectfully submitted,

C. M. T'YsoN, Chairman.

The following resolution was read and adopted, to-wit:

By Mr. Stark-
A resolution that the General Assembly do no''' adjourn sine die.
The following message was received from the House through Mr. Boifeui11et, the Clerk thereof:

Mr. President:
The House has agreed to the following resolution of the Senate.

854

JouRNAL OF THE SENATE,

A resolution that the General Assembly do now adjourn sine die.
Upon motion of Mr. Stark, the Senate adjourned sine die.

INDEX
TO THE
SENATE. JOURNAL
FOR THE
YEAR 1913

INDEX

SENATE BILLS

ADJOURNMENTSenate adjourned sine die____________________________ 854

COMMUNICATIONS ________ 90 91 107 202 219 275 339 396 449 585 753 784 825
CODE AMENDMENTs-

A bill to amend Section 4424 of the Code ______88 288 324 349 A bill to amend Section 2878 of the Code ___________ 93 288 417

A bill to amend Section 3354 of the Code relative to me-

chanics' liens_____________________________________

93

A bill to amend Section 2626 of Civil Code relative to the Railroad Commission _______________________ 100 377 417

A bill to amend Section 816 of the Code______________

101

A bill to amend Section 130, Volume 2 of the Code relative to Commerce and Labor_______________ 102 226 248 257

A bill to amend Section 1229 of the Code_____________

102

A bill to amend Section 1036 of the Code_____________

103

A till to amend Section 2084 of the Code_____________

103

A bill to amend Section 3137 of the Code__________ 103 226 256

A bill to amend Section 1036 of the Code _____________ 104 491

A bill to amend Section 6134 of the Civil Code ______ 105 461 492

A bill to amend Section 1037 of Penal Code so as to pro-

vide that husband may testify against his wife ____ 106 595 611

A bill to amend Section 5010 of the Code_____________

176

A bill to amend Sections 38 and 60 of the Civil Code relative to Tax Collectors___________________ 177 396 565 567

A bill to amend Sections 80 and 111 of Volume 1 of the Civil Code relative to elections ____________________ 177 396

A bill to amend Section 961 of the Codec_____________

178

A Cbioldl eto__a_m__e_n_d__B_e_c_t_io_n__1_0_3_7_,__P_a_r_a_g_ra__p_h_4_,__o_f_t_h_e__P_e_n_a_l 178 345

A bill to repeal Section 388 of the Penal Code_ _______ 178 A bill to amend Section 4252, Volume 1, of the Code_ __ 179

-858

INDEX

A bill to amend Section 340 of the Penal Code________ 179'

A bill to amend Section 1207, Volume 2 of New Code

in reference to felony convicts________________ ---_--

183-

A bill to amend Section 1 of an Act relative to the sale of fertilizers______ ________________________________ 183

A fbrielligthot atmraeinnds_S_e_c_t_io_n__4_1_4__o_f_t_h_e__P_e_n_a_l_C__o_d1e8r4el2a5ti4ve63to1 726 842

A bill to amend Section 612 of the Code relative to fishing in certain waters ______________________________ 188 227

A bill to amend Section 2945 of the Code_____________

191

A bill to amend Section 2798 of the Code relative to suits against railroll.ds_ ____________________________ 192 553-

A bill to amend Section 5298 of Volume 1 of the Code __ 200 249 459 727

A bill to amend Section 4828 of the Code_____________ 207 46(} Abill to amend Section 112 of the Civil Codc _______ 207 289 678A bill to amend Sections 2135 and 2136 of the Code_223 395 509 A bill to amend Section 93 of the Penal Code_ ________ 231
A bill to amend Sections 2721 and 2722 of the Code___ 308 553 A bill to amend Sections 3321 and 3324 of the Code___ 307 460 A bill to amend Section 838 of the Penal Co<!e________ 308A bill to amend Section 3016 of the Code ____________ 349 461 A bill to amend Section 895 of the Penal CodP ______ 349 461 A bill to amend Section 3955 of the Code ________ 350 461 698 A bill to amend Section 2166 of the Code _________ 376 564 700 A bill to amend Sect.ion 1434, Volume 2 of the Co::le___ 392 A bill to amend Section 2571 of the Code_ ____________ 420 698
A bill to amend Section 4968 of the Code_____________ 420 A bill to amend Section 469 of Volume 1 of the Code__ 421 A bill to amend Section 1036 of Penal Code___________ 421
A bill to amend Section 1249 of Volume 1 of the Code __ 453 553 A bill to amend Section 2584 of the Code_____________ 551 A bill to amend Section 2624 of the Code of 1910______ 610 689

A tbhiell Ctoodaem_e_n__d_S__ec_t_i_o_n__2_5_8_4,__t_o_a_m__e_n_d__S_e_c_t_io_n__2_1_6_6__o_f 678 688

A bill to amend Section 129, Volume 1 of the Code __ 775 785 797 A bill to amend Section 1079 of the Code_ ___________ 803

COUNTIES AND COUNTY MATTERSA tboillabtoolipshrovthideecfhoarintghaengin_s_p_e_c_t_io_n__o_f__a_l_l _c_o_u__n_ty__j_a_il9s5, 460 492 A bill to amend the Act reapportioning the several CongJNrefstshi_o_n_a_l_D__is_t_r_ic_t_s__b_y__a_d_d_i_n_g__C_l_a_y_t_o_n__C_o_u_n__ty__t_o__t_h_e 198 215

INDEX

859

A bill to transfer Wilkinson County from the Ocmulgee to the Dublin Circuit_____________________________ 21&
A bill to provide for maintaining in proper condition the approaches to public bridges between counties____ 224 289 633
A bill to authorize the execution of a lost deed to be proved as to land in any county in this state wherein said deed was never recorded ___________________ 283 344 633
A bill to provide for the adoption of the Torrens Land Title System by the counties of this state___________ 5.51
A bill to repeal an Act which said Act vested in Ordinary of Walton County powers over county matters______ 679-

COMMITTEES SPECIAL-

A yceoamrs_m_i_t_te_e__t_o__s_e_le_c_t__a__c_h_a_p_l_a_in__f_o_r__t_h_e__e_n_s_u_in_g___tw__o

10

COMMITTEES SPECIAL REPORTs-

Report of Committee on Inauguration _____________ - --

9S

RSe~!t~~ ~:~~~~- ~-~~c-1~~~ _t~~_~~s~!~ _o!_~~~ ~~~-t~~~ 327

COMMITTEE ON MINORITY334 336 337 357 370 371 429 485 6~

COMMITTEES, STANDING-
Academy of Blind________________________ .__________ 165 Agriculture______________________ 166 204 244 264 276 438 609
Appropriations____ 166 212 370 445 519 536 758 779 804 809 811 812 812 824
Auditing___________________________________________ 166 Banks__________________________________ 167 204 526 568 825 Commerce and Labor ________________________ 167 222 391 715
Congressional and Legislative Re-Apportionment _______ 167 211 Constitutional Amendments ________ 167 221 244 263 263 298
323 550 605 676
Corporations ______ 168 204 235 277 299 334 357 440 441 442 484 496 499 568 576 607 637 638 684 732 753 771
Counties and County Matters______ 168 205 262 332 355 440 480 498 569 609 681 759 778
Enrollment______________________ 434 444 450 603 604 846 850
Education__ 168 212 220 279 333 369 446 601 637 685 713 754
Engrossing ____ 169 236 243 260 300 320 339 354 369 390 439 481 497 528 548 602 636 686 697 712 731 732 752 771 823
Finance ________________ 169 221 323 425 602 711 713 772 773 llallsand Rooms ___________________________________ 169 181

8()()

INDEX

HygieneandSanitation _______________ 170 222 245 278 444 608 Insurance___________________________________ 170 388 571 776

Internal Improvements______________________________ 170 .Journals___________________________________________ 170

General Judiciary ______ 171 237 260 321 355 388 426 481 504 527 537 607 683 733 779 826

SpeC'ial Judiciary _____ 171 213 239 261 336 426 446 500 502 527 571 599 635 714 772

:\Ianufactures_ _______ ________ _______ __ ____ _______ __ 171

.Military affairs _____________________________________ 172 587

Mines and Mining_ _________________________________ 172

Penitentiary_____________________________ 172 322 436 493 582

Pensions___________________________________________

172

Privileges and Elections ___ . _________________________ 173

Privileges of Floor_ _________________________________ 173

Public Library_ ____________________________________ 173

Public Printing_ ____________________________________ 173

Public Property _____________________________ 174 240 548 697

Public Roads_______________________________________

174

Railroads_______ 174 246 335 354 435 436 549 550 570 682 715 Rules_______________ 174 266 308 330 500 522 529 673 728 805

School for DeaL __________ --------__________________

175

State of Republic_ __________________________________ 175

State Sanitarium____________________________________ 175

Temperance _____________________________________ 175 261 335

Cniversity of'(k'Orgia ________ -------------- _____ ____ 176 W. & A. R. R. __________________________ 176 371 501 639 778

CO!\HTITUTIONAL AMENDMENTS-

A bill to put in force the Constitutional amendment ratified at the November election in 1912, of Article 7, Section 2, Paragraph 2 ____________________________ 87 531

A bill to amend Paragraph 2, Section 1, of Article 11 of

the state creating the county of Evans____________

92

A hill to amend Paragraph 2, Section 1, Article 11, to

create the county of Hampton_ ___________________

93

A bill to amend Section 2, Article 11 of the Constitution relative to the office of County Treasurer ______ _101 553 591

A bill to amend Paragraph 2, Section 1, Article 11 of the Constitution______________________________________ 102 448

A bill to amend the Constitution providing how new ~counties shall be established in Georgia _____ 102 227 465 469

A bill to amend Article 7, Hection 2, Paragraph 3, of the Constitution of Georgia___ ________________________ 178

INDEX

861

A bill to amend Paragraph 2, Section 1, Article 11, of the Constitution to create a new county of Treutlen_ _ 179

A bill to amend Paragraph 2, Section I, Article 11, so as to create a new county of Griggs___________________ 183

A bill to amend Paragraph 2, Section 1, Article 11, so

as to create the new county of Atkinson____________

18!

A bill to amend Paragraph 2, Section 1, Article 11, so as to create a new county of Warner _________________ ~. 187

A bill to amend Paragraph 1, Section 2, Article 3, of the Constitution relative to State Senators______ 190 227 630 630

A Cbiollnsttoitaumtioennd__P__a_ra~g_r_a_p_h__2_, _S_e_c_t_io__n_7_,__A_r_t_ic_l_e__6_o_f__t_h_e

191

A bill to amend Section 12, Article 7 of the Constitution relative to teachers' salaries____ ____________________ 199

A

bill to amend to provide for

Stheceticornea1ti1oPnaoraf gHraapnshe2ll,

Article 11, so as County________

207

A bill to amend Article 7, Section 1, Paragraph 1, of the Constitution relative to pensions____________________ 307

A fboirll Ptoenammoennsd__t_h_e__C_o_n_s_t_i_tu_t_i_o_n_a__s_t_o_p__ro_v_i_d_e__a_t_a_x__l_e_v_y 630 639

A bill to amend the Constitution as to provide a tax levy for common schools of Georgia_ ____________________ 631 639
A bill to so amend the Constitution of Georgia to pro1v9id1e6_fo_r__a__le_v_y__o_f__a_s_p_e_c_i_a_l _t_a_x__fo_r__t_h_e_y_e_a_r_s__1_9_1_5_a__n_d 676 691

A bill to amend an Act to amend the Constitution of the state by adding to said Constitution another paragraph 797

COUNTY COMMISSIONERS-
A bill to amend an Act creating a Board of County Commissioners for Charlton County___________________ 93 213 233
A bill to amend an Act to create a Board of Commissioners for Ware County _______________________ l77 214 281 641
A bill to provide for holding monthly meetings of the Board of County Commissioners of Stewart County 199 289 306
A bill to amend an Act creating a Board of Road Commissioners for Bulloch County__________________ 283 345 353
A bill to create a Board of Road Commissioners for Wa:lton County______________________________________ 679

COUNTY OFFICERS-

A bill to provide fees for Ordinaries for issuing licenses

and collecting the tax provided in Sections 982 to 984,

1763 to 1765 of the Code__________________________

94

A bill to provide for the payment of fees to Ordinaries

for pensio~ work ______________________ .____________

9.5

862

INDEX

A bill to require the Clerks of Courts of this state having ~dnidcst_i__o_n__t_o__fo_r_f_e_it__b_o_n_d_s_,_t_o__k_e_e_p__a__d_o_c_k_e_t_o_f__s_u_c_h 178 396
A bill to require monthly statements of public funds by municipal and county officers_________ _____________ 183
A bill to fix the salaries of county treasury____________ 188 459 A bill to make it unlawful for any officer to deliver any
prisoner to another person not authorized by to extort testimony --------------------------------------- 208 345 A bill to authorize the granting of free passes to sheriffs and deputy sheriffs________________________________ 349 461

COURTS, COUNTY-
COURTS, CITY-
A bill to provide for verdicts rendered at the appearance term of City and Superior Courts on unconditional contracts in writing _________________________87 255 294 310
A bill to repeal an Act entitled an Act to establish the City Court of Vienna____________________________ 92 288 305
A fbeirlslotno__a_m_e_n_d__a_n__A__c_t__c_re_a_t_in__g_t_h_e__C__it_y__C_o__u_r_t _o_f_J_e9f2- 214 233
. A bill to amend the Act creating the City Court of Fitzgerald___________________________________________ 94 280
A bill to amend the Act creating the City Court of Jeffceorusortn__s_o_a_s__t_o_p__ro_v__id_e__a_n__o_ff_i_ci_a_l_s_t_e_n_o_g_r_a_p_h_e_r 1f0o6r s2a1id4 233 255
A bboilrloto__a_m__e_n_d_t_h_e__A_c_t_c_r_e_a_t_in_g__t_h_e_C__i_ty__C_o_u__rt_o_f__S_ta_t2e1s5- 255 281
A bill to prescribe the amount of cost in cases involving $100.00 or less in the City Courts of Dublin_________ 350 461
A Obigllletthoorapmee_n_d__a__n__A_c_t__e_s_ta_b_l_i_sh__in_g__t_h_e__C__it_y__C3o9u2rt50o5f 530 769 A Lbeilxlintogtoanm_e_n_d__a__n__A_c_t__e_s_ta_b_l_i_sh_i_n_g__t_h_e__C__it_y__C_o__u_rt45o3f 505 530
COURTS, SUPERIOR AND SUPREMEA bill to authorize Judges of Superior Courts to grant charters to private companies in vacation ________87 288 350 A bill to give all courts of original jurisdiction in this state authority to allow defendants on a verdict of guilty to serve same outside of the chaingang _______ _ 92 192 216 254 452 A bi;ll t<? rearrange the Albany and Southwestern Judicial Ctrcmts_ ________________________________________ 92 531 A bill to provide for the appointment of stenographic reporters for the Grand Juries of this State ___ --_____ 161

INDEX

863

A bill to provide for the publication of the reports of the Supreme Court and Court of Appeals____ ___________ 179
A bill to fix the salary of the Solicitor-General of the courts of this state________________________________ 198 378
A ;~ot;>&"=~!~~-~~e-~_a_c~~~~~-~f-~~~-~~~~~8-~~-~~~- 215
A cbriilml itnoalpcraosveisd_e__f_o_r__th_e__a_m__e_n_d_m__e_n_t__o_f__in_d_i_c_t_m_e_n_t__i_n 392 491
A bill to change the time of holding the Superior Court of Oglethorpe County _________________________ _452 505 531
A bill to incerase the number of terms of the Superior Court of Paulding County ______________________ 5()5 553 691
A bill to create the office of Pardon Attorney__________ 610

EDUCATIONAL-
A bill to prescribe a method of giving notice in writing, ccahtairogne_s__a_g_a_in_s_t__m__e_m_b_e_r_s__o_f__C_o_u__n_ty__B__o_a_r_d_s__o_f_E_ d10u1- 226 241
A bill to authorize the County Boards of Education to borrow money to pay teachers___ ___________________ 376
Executive sessions _______ : _______________ 213 223 588 760 828

ELECTIONs--

-- A pbeiollplteo__p_r_o_v_id__e_f_o_r__e_le_c_t_i_o_n__o_f_U__._S__. _S_e_n_a_t_o_r_s__b_y_4th53e 491 629

HUNTING AND FISHING-

,.

A bill to regulate the meshes of seines, nets and traps

in waters of this State_____________________________

94

A bill to amend the Act for the protection of game, birds andanimals______________________________________ 610

LIQUOR LAW8--
A bill to prohibit any person or corporation from shipping spiritous liquors in this State______________91 289 351
A bill to make it unlawful for any person to purchase for another any spitituous liquors in this state_____ _ 91 344 380 386
A bill to make it unlawful for any person or firm owning newspapers, etc., to advertise. any alcoholic liquors___ 162

J:NSURANCE-:A bill to regulate and control the organization of insurance companies_________________________ 94 195 396 492 830 A bill to require the holders of policies of insurance on their lives to return the cash value for taxation ______ 104 194

864

INDEX

A bill to repeal Section 31 of the General Insurance Act __ 191 576 727"
A bill to amend the laws of this state regulating insurance companies in Georgia_________________________ 420

JOINT SESSIONS-

96 125 242 326

MESSAGES, HOUSE-

10 12 89 90 100 124 124 187 193 201 210 211 218 229 237 238" 238 247 264 274 296 316 331 358 373 393 393 421 447 486 499 507 508 523 541 543 574 597 632 642 674 692 696 696 703 715 723 729 729 733 756 757 758 774 775 783 783 784 794 796 803 808 808 809 827 827 832 842 845 853

MESSAGES, EXECUTIVE-

12 395 805 832:

MISCELLANEOUS BILLS-

A bill to define who is able to contract marriage _______ _ 91 255 379 451 468

A bill to certain

regulate kinds of

ltahbeore_m__p_lo__y_m_e_n_t__o_f__y_o_u_n_g__c_h_i_ld_r_e_n10in1

396

564

A bill to prohibit any person or firm engaged in the delivery of packages from sending minors to disreputable places___________________________________________ 102

A bill to require factories and work shops to report to the Department of Labor and Commerce________ 103 226 493

A bill to require factories and workshops to provide proper ventilation and sufficient heat during winter ___ 106 226 256-

A bill to change the time of meeting of the General As-

csmbly so as to provide for biennial sessions_________

162

A bill to provide a permanent registration for voters of this state________________________________________ 177

A bill to provide for the registration of births and deaths

in this state___________________________ -----------

180

A Hbiigllhwtoaycsr_e_a_t_e__th,_ e__D__e_p_a_r_t_m_e_n__t _o_f__P_u_b__li_c__R_o_a_d_s--a-n_d-

182

A bill to prevent the sale of boots and shoes as of leather construction when other material is used ___________ _ 183 375
A bill to prohibit sale of pistols and revolvers in this state 184

A bill to make it unlawful for any farm laborer to un- . lawfully abandon his contract ______________________ 185 290

A cbhililldtroend_ef_i_n_e_a_n__d_r_e_g_u_l_a_te__t_h_e__tr_e_a_t_m_e.n. t__o_f_d_e_l_i_n_q_u_e_n_t

185.

INDEX

865

A bill to amend an Act providing for a system of draining and reclaiming swamp lands _________________ }88 461 529

A bill to provide for the relief of Wm. B. Kent_________

191

A bill to regulate the practice of medicine in this state __ 194 227 241 689

A bill to declare it a misdemeanor to draw a check unless you have sufficient funds to meet the same 198 213 219 227 724

A fboioldl st_o__a_m__e_n_d__a_n__A_c_t__t_o__p_r_e_v_e_n_t_t_h_e__a_d_u_l_t_e_r_a_ti_o_n__~_f 199 677

A bill to create and auth01ize the appointment of notaries public for the state at large ________________ }99 345 678

A bill to prm,ide for the sanitation of bakeries, restaurants, etc., in this state ___________________ 200 227 386 699

A bill to require all firms offering to sell mixed paints to label the contents_____________________________ 200 506

A bill to amend an Act to establish a State Board of Embalming_________________________________________ 230

A bill to require all dealers in garden seed to have printed

.

on packages a prescribed guarantee _________________ 231 255

A bill to protect and encourage the growth and conservation of the pine forests of the state _________________ 231 460

A mbiellrctoe aamndenLdabthoer _A_c_t__c_re_a_t_i_n_g_t_h_e__D_e_p_a_r_t_m_e_n__t _o_f_C_o2m24- 288 698

A bill to prohibit any person from enveigling any female under 14 years of age to any house of ill fame____ 231 491 634
A bill to amend the Act of the General Assembly creating the State Board of Veterinary Examiners __249 288 423 727
A bill for the relief ofT. B. Hicks ___________ 250 345 470 768 A bill to regulate the employment of children in certain
kinds of labor _________________________________ "-_ 250
A bill to require purchasers of fertilizers offered for sale tuoreretopobrrtatnod tshaemCe o__m_m__is_s_i_o_n_e_r_o_f__A_g_r_i_c_u_lt_u_r_e_a_n_y__f_a_il_- 283 459
A bill to prohibit unfair commercial discrimination between different sections____________________________ 308
A bill to revise jury lists in this state _________________ 344 493 A bill t{) fix the status of every resident of this state whose
spouse residing in another state_____________________ 350 460 A bill to make it unlawful for any person to play cards
onSunday_______________________________________ 376
A bill to fix the time of residence in Georgia of ex-Confederate soldiers and widows of veterans__ __________ 376
A Sboilul tth{)Greeomrogviae__th_e__E_x__p_e_ri_m__e_n_t_S_t_a_t_i_o_n_f_r_o_m___G_r_if_f_in__t_o 378 459
A bill to regulate the sale of tobacco and cigarettes in this state_ _______________________________________ 392

866

INDE:X

A bill to provide a punishment for desertion and nonsupport of wife and children_______________________ 452
A ibnilslatmoep__ro_h__ib_i_t_t_h_e__s_a_le__o_f_c_o_t_t_o_n__se_e_d__m__e_a_l _w__it_h__h_u_ll_s 453
. A bill to amend the Act establishing the State Board of EntoDlology______________________________________ 460
A ibnil~lhtios pstraotvei_d_e_f_o_r_t_h_e__p_r_o_te_c_t_i_o_n_o__f _t_h_e_o_y__st_e_r_i_n_d_u_s_t_r_y 490 613
A bill to Dlake all fr.ee rural delivery routes established by the Post Office Depart01ent in various counties of Georgia public highways___________________________ 551 613
A bill tQ be entitled an Act to fix the priDla facie right to the custody of children__________________________ 576 718

MUNICIPAL LAW8-

A bill to a01end the charter of the city of Athens ______ 93 214 A qbuililttt_o__1_\D__le_n_d__th__e_A__c_t_i_n_c_o_r_p_o_r_a_t_in_g__t_h_e__c_i_ty__o_f__C1o0l1- 254 280

A bill to incorporate the city of Colquitt_________ 104 281 306 A qbuililttt_o__a0_1__en_d__t_h_e__A__c_t _t_o__in_c_o_r_p_o_r_a_t_e__th_e__c_i_t_y_o_f__C1o0l5- 254 289

A bill to 1\Dlend an Act to incorporate the town of AIDla __ 231 289 306
A bill to 1\Dlend an Act creating the city of Edison relative to paving the sidewaJks_____________________249 289 318
A bill to 1\Dlend the charter of the city of Augusta_____ 378 A cbiitlyl otof M1\aDcleonnd__a_n__A_c_t__c_r_e_a_ti_n_g__a__n_e_w__c_h_a_r_t_e_r_f_o_r_ 3th8e4 459 469

A bill to a01end the charter of the town of Arlington 392 462 469 A bill to 1\Dlend the charter of the city of Dublin______ 420 462 A bill to incorporate the city of Lavonia__________ _420 459 470

A

Pbiallr

kt

o__1_\_D_le_n_d__t_h

e
o

Act
____

_in_c_o__rp_o_r_a_t_in__g_t_h_e__to_w__n__o_f_F_o_r4e5s2t

491

510

.A sbhilelatro__1_\D__le_n_d__t_h_e_A__c_t_i_n_c_o_r_p_o_r_a_ti_n_g_._t_h_e_c__it_y__o_f_B__la4c5k3- 491 510 A sbhialllltvoillae0_1_en_c_t__th_e__A__c_t _t_o__in_c_o_r_p_o_r_a_t_e_t_h_e__to_w__.n__o_f_M_ 5a5r1- 576 614 .A bill to 1\Dlend an Act to consolidate the several Acts
incorporating the city of RoDle __________________ 631 643 690 .A dbeillel _t_o__a_0_1_e_n_d_.a_n__A__c_t _c_r_e_a_ti_n_g__a__n_e_w__c_h_a_r_t_e_r_f_o_r_C__o_r_- 672 774

MILITARYA xbnilalytoberecgaullleadteotuhte__0_1_a_n_n_e_r_i_n__w_h_i_c_h__th__e_S__ta_t_e__M__il3it9i1a 613 769

INDEX

867

A bill to repeal an Act relative to the Q{)vernor calling out the State Militia_ _____________________________ 613 769

NEW COUNTIES-

A bill to provide for the creation of the new county of

Tate__________________________________________

88

A bill to create the new county of Lamar_____________ 216-

0RGANIZATION-

PRISON COMMISSION.PENSIONs-
A bill to extend the powers of the Pension Commissioner and define his duties______________________________ 349

PROHIBITION LAWS-

RAILROADs-

A bill to provide that notice by the carrier shall be given to consignors of freight before undelivered goods may be sold ___ -------------------- ________________ 100 377 417

A bill to provide for fencing of the right-of-way of all railway companies in Miller County___ ______________ 104

A bill to make it unlawful for any railroad company to

receive any person who is drunk on passenger trains__

105

A bill to prohibit the erection of obstructions to railroad

tracks as to make them dangerous_________________

184

A bill to amend an Act to require all railroad companies olifghtthsi_s__s_ta_t_e__t_o__e_q_u_i_p__th__e_ir__l_o_c_o_m_o_t_i_v_e_s__w_i_th___el_e_c1tr9i1c 460 677

A lbinilel _t_o_r_e_q_u_i_r_e_r_a_i_lr_o_a_d_s__t_o_e_r_e_c_t_s_i_g_n__b_o_a_r_d_s_a_l_o_n_g_2th1e5 576 700

A bill to require all street railway companies to separate the white and colored passengers----------------- 283
A bill to make it compulsory upon railroads to provide and keep a telephone in ticket offices_______________ 350
A bill to authorize and empower the A. W. & N. Railroad Co. to condemn certain land__________________ 454

RAILROAD COMMISSION-
A bill to authorize the Railroad Commission to require ,ttowoeroerctmuonreiornailsrtoaatidosnsw_h_e_n__e_n_t_e_r_i._n_g__th__e__s_a_m_e__t_o_w8n7 344 379

868

INDEX

A

Cboilml mtoi~bieoenntoitfleGd~arngiAactpotowecrontfoerpulapcoen

the time

Railroad limit in

oborders Issued by it, approving the issuance of stocks,

nds and other evidences of debt, within which, if

the powers therein granted are not exercised, the said

orders shall become null and void ______________ 105 377 418

A bill to authoriz.e the Railroad Commission to fix the rate of speed a train shall run through towns or cities_ 307

REGISTRATION LAWSA bill to provide for the registration of voters in State of Georgia ___________________________________ _409 509 589

SCHOOLS-

A bil_l to reg"!llate the reading of the Holy Bible in the openmg of public s!:hools in this state _________________ 94 214 241
A bill to make the State Superintendent of Schools member ex-officio of the Board of Trustees of District Agricultural Schools ______________________________ 104 377 418
A bill to provide for the teaching of agriculture in the public schools __ ---------------------------------- 161
A bill to amend an Act creating a system of public schools for the city of Oglethotpe_______________________ l61 214 232
A Ib>iilsl trtioctp_r_o_v_i_d_e__fo__r _a_n__A__g_r_ic_u_l_t_u_r_a_l _S_c_h_o_o_l__in__tlh7e91229t0h 486 691
A bill to appoint members of Board of Trustees of Branch Colleges from the Board of Trustees of the University of Georgia in rotation_____________________________ 188
A fbieildl atgoesre_q_u__ir_e__s_c_h_o_o_l _a_t_t_e_n_d_a_n_c_e__o_f_c_h_i_l_d_re_n__olf88sp2ec9i0- 673 675
A bill to make the President of the Board of Trustees of S. G. N. C. ex-officio a member of the Board oi Trustees of the University of Georgia ___________ 189 377 386
A bill to provide for the establishment of kindergartens in this state______________________________________ 192 290
A bill to revise the school laws of Georgia____________ 216 A bill to provide for monthly payments of school teachers 224 377 . A obfilAl ltmo ac_r_e_a_te__a__s_y_s_te_m___o_f_p_u_b_l_i_c_s_c_h_o_o_l_s_f_o_r__th__e_t_o2w49n 613 673
A bill to empower the Governor to. declare positions of trustees of State Institutions to fill vabancies_318 496 564 672

TAXES-

A bill to create, provide for and require the payment of

taxes whenever the property passes by laws of inheri-

tance or succession by will ordererl or for other purposes

86

INDEX

869

A bill to require taxes to be paid by all rorporations in the county in which they are returned ___________ 216 491 530

SENATE RESOLUTIONS-

Resolved, That the Secretary of Senate notify the House

that the Senate has organized by the election of Hon.

J. Randolph Anderson as President, and Hon. C. S.

Northen as Secretary of Senate for the ensuing two

years____________________________________________

10

Resolved, That until further ordered the rules of the

Senate of 1911 and 1912 be adopted as the rules of

the 1913 and 1914 Semi-te.________________________

10

Resolved, That the General Assembly meet in joint ses-

sion for the purpose of consolidatin'g the votes for

Governor and State House officers__________________

11

Resolved, That a committee from the Senate and House

be appointed to notify the Governor that General

Assembly is ready for business__ ___________________

11

Resolved, That a committee from the Senate 'and House

bGeovaeprpnooirn-eteledctt_o__a_r_r_a_n_g_e__f_o_r__t h_e___in__a_u_g_u_r_a_ti_o_n__o_f__t_h_e

11

Resolved, That the Secretary of State be requested to

secure Swift Spring water for the use of the Senate__

12

A resolution to appoint a joint committee to investigate the W. & A. R. R. _____________________________ 95 686 723

A resolution authorizing the Secretary of State to furnish

High Rock lithia water_ ___________________________

95

Resolved, That the General Assembly convened in joint

session for the purpose of considering the votes cast

at the last election for Governor and State House offi-

cers find that Hon. John M. Slaton received a majority

of all votes cast for Governor. Hon. Philip Cook,

Secretary of State; Hon. W. A. Wright, Comptroller-

General; Hon. W. J. Speer, Treasurer; and Hon. T. S.

Felder for Attorney-GeneraL_______________________

96

- A resolution to provide for the appOintment of a commis-
sion to investigate the extension of the W. & A. R. R. 107 506 586 599

A resolution instructin~ the Secretary of Senate to arrange

for additional electnc fans for the Senate____________

107

A resolution requesting Secretary of State to procure Swift's mineral water for the ;u,se of the Senate______ 107

A resol'ution providing for a new st.anding committee to be known as the Committee on Insurance__________ 107

A resolution to create a commission, the duties of which shall consist of investigating the farming interests____ 125

A resloution providing for the appointment of a commission to investigate the necessity of a State sanitarium for "dope fiends" ______________________________ 162 290 416

870

INDEX

A resolution changing the name of the Standing Com-

Lmaibttoere__o_n__Im__m__ig__ra_t_i_o_n_a_n__d__L_a_b_o_r__t_o__C__o_m_m__e_r_ce___a_n_d

165

A resol~tion providing for a new Great Seal of the state_ 180 256
A resolution providing for joint meetings of the Senate and House Committees on Constitutional Amendments 182
A resolution providing for a joint commission of five members from the General Assembly to receive offers for sale of the Executive Mansion ______________ 182 509 590
A resolution providing that when the General Assembly adjourn today, it be adjOUrned uptil Monday________ 187
A resolution tenderin~ the Ul!tl of the Senate Chamber otof dMelrisv.eSri.nEg .adCdurnesnsmesg_h_a_m__a_n__d__o_th_e_r_s__fo__r _t_h_e__p_u_r_p_o_s_e 187 192

Resolved, by the Senate, that the Standing Committee known as Immigration and Labor, be changed to Commerce and Labor________________ ----------------- 194
A resolution extending the use of the Senate to the Georgia Woman's Suffrage Association___________________ 206
A resolution to appoint a committee from the Senate arid House to secure information as to the sale of the A. B. & A. R. R--------------------------------- 208
A resolution providing that all applications for the use
.aorfldthReooSmenBa_te__b_e__r_e_f_e_rr_e_d__t_o__th__e_C__o_m__m_i_t_te_e__o_n__H__a_ll_s 208.

A resolution that the Hon. Hoke Smith be invited to

address the General Assembly_~___________________

208

A

resolution ary of the

tIonsauurtahnocriezeCtlherekp_a__y_m_e_n__t _o_f_t_h_e__e_a_r_n_e_d_s2a0l8-

215

228

A resolution directing the Governor of Georgia to investigate differences between citizens of this state and certain Copper Companies________________ , __________ 224.
A resolution extending the thanks of the Senate to the Mayor and Council and Chamber of Commerce of Athens__________________________________________ 230
A resolution extending an invitation to the Hon. T. S. Jones of Louisiana to address the General Assembly__ 230
A resolution convening the Senate and House in joint session___________________________________________ 243
Resolved, That the Committee on Rules be authorized to revise the rules of the Senate____________________ 249
A resolution. Resolved, That the revised Rules of the Senate be amended by striking out of Rule 137 certain words___________________________________________ 293.
A resolution, that House Bill No. 14 be made special order for next Wednesday__________________________ 293
A resolution fixing Senate Bill No. 104 a special order forTuesday______________________________________ 310

INDEX

871

.A resolution. Whereas, the Senate has learned with profound sorrow of the death of Miss Ruth Burwell, the sister of our distinguished Speaker of the House, Therefore, be it resolved that the Senate extends to him and his family its sincere sympathy________________ 317

Resolved by the Senate that the House of Representatives is requested to amend its rules so as to provide a place for Senate Bills___________________________ 329

A resolution, that Senate Bill No. 51 be made special order for Thursday_________________ --------------- 344
A resolution endorsing the great work being done in this st.ate by Dr. Soule ______________________ ---------- 393

Resolved by the Senate, that beginning with next Monday the Senate hold afternoon sessions______________ 376
A resolution to authorize the Governor, upon request of the Sheriff of Chatham County to order out a portion of the National Guard ______ . _________________ 421 490

A resolution. Resolved, that Senate Bill No. 129 be made special order for tomorrow morning___________ 486

A resolution to create a commission for the purpose of disposing of the Governor's Mansion________________ 490

A resolution to provide for the disposition of the State's Executive Mansion ___________________________ A90 554 596

A resolution to appoint a commission to revise the Civil and Criminal procedure of this state_______________ 554 578

A resolution to extend the privileges of the floor of the Senate to the President's wife, son and daughter_____ 582
A resolution authorizing the State Board of Education to renew contracts for text-books for five years _____ 611 640
A resolution to amend rule 44 of the Senate________ .;__ 717

A resolution requesting the House to return HoW!e Bill No. 556 ,for correction____________________________ 724

Resolved by the Senate, That Sen. B. S. Miller be requested to reduce to writing his speech in explanation of Senate substitute to House tax bill.
Resolved, that for the balance of the session individual speeches be limited t~ 10 minutes_________________ 800

A resolution that is the sense of the General Assembly that the acceptance on the part of the Hon. J. C. Hart of the office of Tax Commissioner will conflict in no wise with any contracts existing between him and the State of Georgia__________________________________ 817

Resolved by the Senate, That the thanks of the Senate

are hereby extended to tha President for the able and

Simenpaatreti_a_l__m_a_n_n_e_r__i_n__w_h_i_c_h__h_e__h_a_s__p_r_e_si_d_e_d__o_v_e_rc_th__e

828

A ~lu~ion, that the General Assembly do now adjourn sme die__________________________________________ 853

872

lNDl<~X

HOUSE BILLS
APPROPRIATION&-
A bill to make appropriations for the ordinary expenses of the Legislative, Executive and Judicial Departments of the State of Georgia____________ _437 448 536 538 544 82R
A bill to appropriate $20,000.00 per annum for two years to the State Board of Entomology ______________ 701 760 837
A bill to appropriate $340.98, due assistant librarian_718 763 801 A bill to appropriate the $7,500.00 for the Department
of Agriculture for the Chemical Department _____ 718 760 830 A Abiglrlictuoltauprep_r_o_p_r_ia_t_e__$_1_0_,_0_0_0_.0_0__t_o__t_h_e__D__e_p_a_r_tm__e_n_t72o0f 760 837
A bill to appropriate a sufficient sum of money to pay salaries of Pure Food and Drug Department_____ 720 760 840
A bill to appropraite the sum of $13,286.80 to pay for
work already done on State CapitoL ___________ 770 781 sa-t
BANKS-
A bill to amend an Act to create in the Treasury Department a Bank Bureau __________________________ 775 780 844
CODE AMENDMENTS-
A bill to amend Section 5645 of the Code ________ 286 760 844 A bill to amend Section 950 of Vol. 1 of the Code______ 554 567 A bill to amend Section 96 of the Civil Code ______556 568 624 A bill to amend Section 1249 of Vol. 1 of the Code 557 580 627 A bill to amend Section 951 of the Civil Code _____559 568 62S A bill to amend Section 1249 of the Political Code 562 5SO 627 A bill to amend Section 2201 of the Code ________ 719 763 791 A bill to amend Section 1795 of Vol. 1 of the Code 720 763 794 A bill to amend Section 1811 of Vol. 1 of the Code 754 780 839 A bill to amend Section 887 of the Code __________ 755 782 841
CONSTITUTIONAL AMENDMENTS-
A bill to amend Paragraph 2 of Section 1, Article 11, of the Constitution relative to qualified voters; and creating the new county of Warner _______________ 225 293 366 368
A bill to amend Paragraph 1 of Section 13, of Article 6 of the Constitution____________________________ _463 614 667
A bill to carry into effect the Constitutional Amendment to Paragraph 1, Section 7 of Article 6, to create a Municipal Court in the city of Atlanta ____________555 578 621

INDEX

873

COUNTIES AND COUNTY MATTERs-
A bill to amend the Act of 1912 as set forth on page 494 of the Acts of 1912 and approved August 19, 1912 560 618 659
A gbeilel tRoivperre_v_e_n_t_t_h_e__p_o_l_lu_t_io__n_o_f__th_e__w__a_te_r__o_f _t_h_e_O__c_m5u7l7- 615 661

COUNTY COMMISSIONERS-
A bill to amend an Act prescribing the duties of the Commissionres of Ben Hill County _____________232 291 302
A bill to amend an Act repealing the provisions calling for three commissioner district.s _________________ 232 291 301
A bill to amend the Act creating a Board of County Commissioners for Miller County _____ ~ _____________ 250 340 360
A bill to authorize the commissioners of Dougherty County to contribute from the treasury toward the support of the hospital operated by the Hospital Association ______________________________________ 252 341 362
A bill to amend the Act creating commissioners of McIntosh County so as to make them elective for terms of two years___________________________________ 252 342 363
A bill to create a Board of Commissioners for the county ofChattahoochce ______________________________ 252 340 362
A bill to authorize and direct the Countv Commissioners of Gwinnett County to pay out of funds of said county, for paying expenses of Court to the officers of City Court of Buford _____________________________________ 284 433 363
A bill to repeal the Act authorizing the Board of Commissioners of Bibb County to issue and sell bonds 285 340 364
A bill to be entitled an Act to repeal an Act to create a Board of Road Commissioners for Irwin County __ 285 343 365
A bill to be entitled an Act to authorize the Board of Commissioners of Bibb County to issue bonds for remodeling the County Court House and for school buildings _____________________________________ 285 340 364
A hill to create the office of Commissioner of Roads and Revenue for Irwin County _____________________ 286 343 365
A bill to repeal an Act creating a Board of Commissioners of Roads and Revenue for Coffee County 312 348 479 495 627
A bill to repeal an Act entitled an Act to create a Board of Commissioners for White County _____________ 313 4.56 478
A bill for the relief of S. J. Cartlege, authorizing County Commissioners to pay claims ________________ 314 536 641 693
A bill to create the office of Commissioner of Roads and Revenue for Lincoln County _______________________ 314 421
A bill to create a Board of Road Commissioners for Coffee County ________________________________ :346 472 496

874

INDEX

A bill to authorize the Board of Commissioners of Sumter CofoAunmtyeritcousw_o_r_k__t_h_e_i_r_c_h_a_i_n_g_a_n_g__f_o_rc_e_s__o_n__t_h_e__s_t_re3e7t3s 456 477

A bill to amend an Act abolishing the Board of Road Commissioners of Wilkes County_______________ All 457 472
A bill to be entitled an Act to provide for an extra levy Cofouanttya_x__b_y__t_h_e__C__o_u_n_t_y__C__o_m_m__i_ss_i_o_n_e_r_s__o_f__C_a_t_o4o1s1a 456 471

A bill to repeal an Act entitled an Act to create a Board of Road Commissioners for Dooly County ______ A13 488 511
A bill to create the office of Road Commissioners for Newton County ______________________________ A14 457 658

A bill to amend an Act to provide a Board of Commissioners for Elbert County _____________________ _414 488 511.
A bill to be entitled an, Act to repeal an Act creating a Board of Road Commissioners of Jones County__415 455 475
A Dboilol lytoCocurenattye__a__B__o_a_r_d__o_f__R_o__a_d__C_o_m__m__is_s_io_n__er_s_4f6o2r 488 512

A bill to create a Board of Road Commissioners for Wheeler CountY---------------~-----------462 521 552 621
A JboinllestoCocurenatyte__t_h_e__o_ff_ic_e__o_f__C_o__u_n_t_y__C_o_m__im__s_s_io_n_e_r46o3f 521 534

A bill to amend an Act entitled an Act to create a Board of Road Commissioners of Telfair County_______ _463 521 532
A bill to amend an Act entitled an Act so create a Board of Road Commissioners for Putnam County ___ _464 521 532
A bill to amend an Act authorizing the Commissioners of Bibb County to contribute to the support of the Macon Hospital Association____________________ _464 520 533
A bill to amend an Act creating a Board of Road Commissioners for Early County _______________ A65 644 734 786
A bill to amend an Act entilted an Act to create a Board of Road Commissioners for Tift County _________ 518 616 662
A Abpilpl litnogCcroeuantetya___B_o_a_r_d__o_f__R_o__a_d__C_o_m__m__is_s_io_n__er_s_ 5f5o5r 618 656

A bill to amend an Act to create a Board of Commis-

sioners of Roads and Revenue for Franklin County__

.

556 615 766

A bill to repeal an Act to provide for a County Board of Commissioners of Heard County_________________557 618 663

A WbiallshtiongctroenaCteouantBy_o_a_rd___o_f__R_o_a_d___C_o_m__m__is_s_io_n5e5r8s 6f1o5r 640 693

A bill to repeal an Act creating a Board of Road Commissioners of Washington County ___________ 559 615 640 695
A bill to create a Board of Comimssioners of Roads and Revenue for Heard County ____________________ 560 616 66!

INDEX

875

.\ bill to amend Section :3 of an Act to abolbh the office of Road Commissioners in Forsyth County _______ 561 615 666
A bill to abolish the Board of Road and Bridge Commissioners of Appling County___________________ 561 619 661
A bill to amend an Act creating a Board of Commissioners for Terrell CountY--------~--------------------563 619 662
A bill to amend several Acts creating the Board of Com- , missioners for Gordon County __________________ 671 687 764
A bill to amend an Act creating a Board of Commissioners for Dodge County_____________________________ 671 687
A bill to amend an Act to create the Board of Commissioners of Roads and Revenues for Clarke _______ 718 782 806
A bill to amend an Act entitled an Act to provide for a Board of Commissioners of Mitchell County ___ 719 762 789
A bill to create the Board of Road Commissioners for Bleckley Cotmty ______________________________ 719 762 789
A bill to create the office of Commissioners of Roads and Revenue for Pulaski County _______________ 721 762 788
A bill to repeal an Act creating the office of Commissioners of Roads and Revenues for Pulaski County. 721 762 792
A bill to create and organize the Commissioners of Chatham County who shall be ex-officio judges_~. _____ 754 782 807
COUNTY OFFICERS-
A pboillilcet_o__a_l_lo_w___c_o_u_n_t_y__a_u_t_h_o_r_it_i_e_s__to___a_p_p_o_i_n_t__c_o_u7n0t1y 711 791
-COURTS, CITY-
A bill to amend the charter of the City Court of Griffin__ 251 A fbiiellldt_o__a_m_e_n_d__a_n__A_c_t__c_re_a_t_i_n_g_t_h_e__C_i_t_y_C__o_u_r_t_o_f_S__p_ri2n8g4- 582 621
A mbiallnt_o__r_e_p_e_a_l_a_n__A__c_t_c_r_e_a_t_in_g__t_h_e__C_i_t_y__C_o_u_r_t__o_f_Q_u28it4- 520 534
A bill to be entitled an Act to amend certain portions of an Act establishing the City Court of Monroe ___ 286 342 363
A Abbilbl etvoillree_p_e_a_l__a_n__A_c_t__to___e_st_a_b_l_is_h__t_h_e__C_i_t_y__C_o_u__rt28o7f 554 575
A bill to amend an Act of the City Court of Miller County 287 342 359
A Dbiolul gtloasr_e_p_e_a_l__a_n__A_c_t__to___e_s_ta_b_l_is_h__t_h_e__C__it_y__C_o__u_rt31o3f 348 487
A bill to be entitled an act to amend the Act establishing the City Court of Valdosta _____________________ 346 520 531
A bill to abolish the City Court of Pulaski, to. provide for disposition of books, etc _____________________ 346 618 661

876

INDEX

A bill to amend an Ad to establish the City Court of Camilla _____ --------------------- ____________ 347 554 575
A bill to amend an Act to create the City Court of Houston County ___________________________________ 347 554 575
A bill to establish a City Court of Irwin County __ _413 520 531 A bill to repeal an Act to establish a City Court of Ocilla
414 520 533 A bill to increase the salary of the Judf!;P of the City
Court of Macon ______________________________ _487 l'i21 5:32 A bill to repeal an Act entitled an Act to establish the
City Court of Flovilla__________________________ 516 617 661 A bill to amend an Act to abolish the City Court of
Madison______________________________________ 518 619 661 A bill to establish a City Court of Hazlehurst_ ____ 555 579 (i20 A bill_ to amend an Act to establish the City Court of
Sylvania_ ________ ____________________________ 555 618 659 A bill to repeal an Act entitled an Act to establish the
City Court of Jackson_ _______________ ________ 557 640 693 A bill to abolish the City Court of Blakely ____________ 559 640 A bill to amend an Act to establish the City Ccmrt of
Lexington _____________________________________ 560 617 665 A bill to amend the City Court of Dublin ____________ 560 618 A bill to amend an Act abolishing the City Court of La-
Grange _______________________________________ 561 615 666
A bill to amend an Act entitled an Act establishing the City Court of Pelham _________________________ 562 616 6i'i8
A bill to repeal an Act entitled an Act to establish a City Court of Baxley_ _________________________________ 563 .')713
A bill to .create the City Court of Gray ___________ 577 616 656 A bill to amend the Act creating the City Court of
Athens _______________________________________ 578 617 666
A bill to amend an Act creating the City Court of Pembroke ___________________________________________ 619 663
A bill to abolish Justice Courts and offices of Justices in City of Macon and create a Municipal Court __ 671 688 76.')
COURTS, COUNTY-
A bill to amend an Act entitled an Act to provide for Celoecutnintyg_t_h_e__S_o_l_ic_i_t_o_r_o_f__th__e_C__o_u_n_t_y__C_o_u__rt__o_f__P_u_t_n5a1m6 619 655
- A bill to repeal an Act to create a County Court in each county in the state, except certain counties mentioned 556 6!tl
A bill to create and establish the County Court of Bryan County_______________________________________ 558 619 6o3

INDEX

877

A bill to abolish the County Court of Jeff Davis County 562 582 620
A bill to rspeal an Act creating the County Court of Jones County_ ___________________________________ 640

COURTS, SUPERIOR AND SUPREME-

A obfillJothoncshoannCgeouthnetyt_im__e__o_f_h__o_ld_i_n_g__th__e_S__u_p_e_ri_o_r__C_o2u3r2t 291 387

A bill to rearrange the Albany and Cordele Judicial Circuits____________________________________________ 251
A bill to change the time of holding the Superior Court
of Irwin County_______________________________ 287 375 388

A bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Wilcox County

287 454 513

A

~ill ~o
Cucmts

_r_e_a_r_ra_n_g_e___th_e___M__id_d_l_e__a_n_d__A__u_g_u_s_t_a_

2J8u7dic4i8a8l

514

611

A bill to be entitled an Act to add an additional Judge of the Supeiror Court for the Atlanta Circuit_ __ 311 375 515
A bill to be entitled an Act to transfer Wilkinson County from the Ocmulgee to the Dublin Circuit___________ 311
A bill to repeal an Act to provide for the payment of insolvent costs in Augusta Judicial Circuit_______ 312 520 533
A bill to provide for holding four terms Coffee Superior Court each year_ _________________________________ 313

A obfilWl taolkperrovCidoeunqtuya_r_t_e_rl_y__t_e_rm__s__o_f__th_e__S_u_p__e_ri_o_r__C_o3u4r6t r61 791

A bill to provide for holding four terms a year of the Superior Court of Pulaski_ ____________________ 346 454 513

A bill to be entitled an Act to provide for four terms of Superior Court of Troup County________________ 347 781
A bill to change the time of holding the Superior Courts in and for Hart County ____________________________ 517 662

A bill to change the time of holding the Superior Court of Oglethorpe County __________________________ 559 615 665

A bill to provide for holding four terms of Superior Court of Appling County__________________________ 563 576
A bill to provide for holding four terms a year of Superior Court of Franklin County ______________________ 563 617 664

A fboirll MtoapdriosovnideCfoournhtoyl_d_i_n_g_f_o_u_r__te_r_m__s_o_f__S_u_p_e_r_io_r__C_o6u1r2t 722 765

A bill to define the duties, rights and powers of the courts ochf itlhdirsenS_t_a_te__i_n_a_l_l _c_a_s_es__a_f_fe_c_t_in_g__t_h_e__c_u_s_to_d_y__o_f__m_i7n7o5r 7.83 819

878

INDEX

ELECTION LAWS-

A

bill to provide for Senators of

Ufo. rs

_th__e__h_o_ld_i_n_g__o_f__a__s_p_e_c_i_al__e_l_e_ct1io2n5

163

1&i

A bill to provide for the election of U. S. Senators by the people _______________________________________ 678 711

HUNTING AND FISHINGINSURANCE-
A bill to provide upon what condition a foreign fire insurance company doing business in this State may retire and withdraw from the State_____________ 225 341 378

MISCELLANEOUS BILLS-
A bill to repeal an Act to assist the Georgia Infirmary 670 722 767 A Sbtialltet_o___re_g_u__la_t_e__t_h_e__r_u_n_n_i_n_g__o_f__a_u_t_o_m_o_b_i_l_e_s 6i7n1 t6h8i7s 812 821
A bill to amend an Act entitled an Act to prescribe for the inspection of gasoline, benzine, etc _______________ 719 761 790
A bill to provide separate books for the recordation of maps, etc., and to provide means thereof_ _______ 720 762 792
A bill to regulate the sale of stocks, bonds, etc., and to provide for filing information concerning same____ 755 782 843
A bill to create a permanent qualification book for voters of thisState ___________________________________ 775 780 841

MUNICIPAL LAWS-
A bill to amend the charter of Athens ____________ 225 292 305
A LbailGl rtaongcere_a_t_e__t_h_e__o_f_fi_ce__o_f__C__it_y__R__e_co__rd_e_r__f_o_r__c_it_y22o5f 291 303
A bill to authorize the Mayor and Council of Lithonia to hold an election to determine whether bonds shall be issued for the erection of City Hall and JaiL _250 2!)2 305
.A bill to amend the charter of the town of Tunnel Hill 251 293 301 .A bill to amend an Act entitled an Act to consolidate
aofndItosumpee_r_se_d_e__t_h_e__s_e_v_e_ra_l__A_c_t_s__in_c_o_r_p_o_r_a_t_in_g__t_h_e__C2i5t1y 292 302
A bill to incorporate the town of Clermont _________251 291 302 .A bill to amend the charter of the city of Greensboro 253 291 303 .A bill to amend the charter of Norwood ___________ 253 291 304 _A bill to amend the charter of the city of Oglethorpe 253 292 303 _a dbiilllla.t,o__a_m__e_n_d__t_h_e__A__c_t _i_n_c_o_r_p_o_r_a_ti_n_g__t_h_e__to__w-n- o__f_U_2n5a3- 292 304
A bill to amend an Act entitled an Act to amend the -Charter of Bluffton_ __________________ ____________ 253

INDEX

879

A bbuilrlgt_o__c_r_e_a_te__a__n_e_w___c_h_a_r_t_e_r_f_o_r__th_e__t_o_w__n co_f__S_h_a_r2p8s3- 340365
A bill to amend the charter of Darien _____________ 284 342 361 A bill to be entitled an Act to amend an Act incorporat-
ing the city of Americus _______________________ 284 374 387 A bill to incorporate the town of Box Springs ______ 285 342 362 A cbiitlyl toof Jaamckesnodna_n__A__c_t__c_re_a_t_i_n_g__a__n_e_w__c_h_a_r_t_e_r_f_o_r__t_h_e 292 304
A bill to amend the charter of the city of Griffin_______ 292 303 A bill to amend the city charter of Augusta relative to
the police and fire departments __________________ 311 341 360 A bill to amend the charter of Glennville ___ ~ _______ 312 340 361 A bill to be entitled an Act to repeal an Act to incorporate
the town of Comer ____________________________ 312 341 365 A bill to incorporate the town of Mcansville _______ 312 342 359 A bill to be entitled an Act to amend an Act amending
&ction 29 of the charter of Americus with reference to paving said streets___________________________ 313 375 387
A cbiitlyl toof aGmrieffnind_t_h_e__A__c_t _c_r_e_a_ti_n_g__a__n_e_w__c_h_a_r_t_e_r_f_o_r_ 3th1e4 343 361 A bill to incorporate the town of Kramer__________ 314 343 360 A bill to create a nPw charter for the city of Lithonia 314 343 364 A tboilwl ntoobfeVeVnotiotdlebdurayn__a_c_t_t_o__c_re_a_t_e_a__n_e_w__c_h_a_r_t_e_r_f_o_r 3th45e 454 473
A mbiollret_o__a_m_e_n_d__a__n__A_c_t__in_c_o_r_p_o_r_a_t_in_g__t_h_e__c_i_ty__o_f__S_y3c7a2- 455 472
A bill to create and incorporate the city of Comer___ 372 457 470 A bill to be entitled an Act to amend the charter of the
city of Buford ________________________________ 373 458 470
A bill to be entitled an Act to repeal an Act to incorporate the town of Danielsville_____________________ 373 458 478
A bill to incorporate the city of Chickamauga______ 373 458 476A dbiillllat_o__a_m__e_n_d__a_n__A_c_t_t_o__i_n_c_o_r_p_o_r_a_te__t_h_e__to_w__n__o_f_U_4n1a0- 455 475
A bill to change the county site of Murray County from Spring Place to Chatsworth___________________ _410 419 449
A bill to incorporate the town of Danielsville__________ 410 455 A bill to amend the charter of the city of Valdosta so
as to provide for the registration of voters ______ _411 455 473 A bill to amend an Act incorporating the city of Ocilla 411 455 476 A bill to amend the charter of the city of Columbus 411 454 475 A bill for the holding of primary elections in the city of
Savannah for the election of Mayor and Aldermen 412 618 655.

880

INDEX

. A bill to amend, consolidate and supersede the several Acts incorporating West Point ________________ .. __412 455 473
A bill to amend the charter of Plainville _________ _412 458 478 A bill to amend the charter of Lawrenceville _____ _412 457 477 A bill to amend the charter of the town of Pavo __ _412 458 475 A bill to incorporate the town of Cotton _______ _413 456 472 A bill to amend the charter of Toccoa ____________ _413 458 474 A bill to incorporate the town of Mauk ___________ _414 454 474
A bill to create a Board of Civil Service Commissioners for the city of Augusta________________________ _414 457 512
A bill to amend the charter of the town of Oakville __415 459 474 A cbiitlyl toof Eamasetnmdana_n__A_c_t__c_r_ea_t_i_n_g__a__n_e_w__c_h_a_r_t_e_r__fo_r_4th15e 456 477

A bill to amend the Act creating the charter of I..umber City _________________________________________ 416 454 510

A bill to create a new charter for the city of Carnesville 462 488 512
A vbiilllle_to__c_r_e_a_t_e__a_n_e_w___c_h_a_r_te_r__f_o_r _t_h_e__t_o_w_n__o_f__:\_l_c_C_a4y6s3- 579 628

A bill to amend the charter of the town of Ludowici 464 488 513
A bill to authorize and empower the trustees of the Methodist Church of Perry to sell certain real estate in Perry, Ga _________ , _______________________ _464 521 534

A bill to amend the charter of the city of Macon ___ _464 488 511 A bill to amend an Act entitled an Act to create a new
charter for the city of Camilla_________________ _465 488 513 A bill to amend an Act establishing a new charter for
the city of Atlanta____________________________ _487 505 644

A bill to amend an Act entitled an Act to incorporate the city of Lavonia _______________________________ 516 581 623

A bill to amend an Act to create a new charter for the town of Cochran _______________________________ 516 580 622

A bill to amend an Act to create a new charter for the city of Hawkinsville ___________________________ 517 579 625

A bill to amend an Act entitled an Act to incorporate the town of Pineview ____________________ ~ _____ 517 580 626

A bill to amend the charter of the city of Athens ___ 517 680 660 A bill to amend the charter of Ea8t Lake _________ 518 581 626

A bill to amend an Act entitled an Act to create a new charter for the city of Moultrie ____________________ 518 581

A bill to establish a new charter for the town of Rossville 554 A bill to establish a park and tree commission of Way-
cross _________________________________________ 555 579 62:~

A bill to amend an Act to amend Section 17 of the charter

of Waycross_

________ . __

_556 581 622

INDEX

881

A bill to provide secret ballot for Augusta in elections for members of CounciL ________________________ 556 616 659
A bill to amend an Act providing a new charter for the City of Athens ________________________________ 557 614 626
A bill to amend an Act creating a new charter for the town of Decatur ______________________________ 557 579 620

A bill to be entitled an Act to repeal an Act creating

city of Pembroke_________________________________

558

A bill to provide for a new charter for the city of Waycross _________________________________________ 558 581 624

A bill to incorporate the town of Olive _____________ 558 581 62;j A bill to amend the charter of HartwelL _________ 558 581 622

A Vbiilelwt_o__re_p_e_a_l__a_n__A_c_t__to__i_n_c_o_r_p_o_r_a_te__t_h_e__to__w_n__o_f__L5ak60e 582 623

A bill to amend the charter of East Ellijay __________ 561 614 763
A bill to authorize the working of the streets of towns in Macon County by county convicts____________ 561 580 628
A bill to amend the charter of the city of Dublin ____ 562 616 659 A bill to create a -new charter for the town of Newborn
562 579 620 A bill to amend the charter of the town of Kirkwood __ 562 581 626 A bill to amend an Act entitled an Act to il).corporate the
town of Royston ______________________________ 563 580 62:3 A bill to incorporate the town of Helen ____________ 577 617 656 A bill to create and establish a new charter for the town
of Helena__________________________________ ______ 577
A bill to incorporate the city of Robertstown ______ 577 616 663 A bill to repeal all laws and amendments incorporatin!l:
Manchester, to incorporate the city under the name of College Park _______________________________ 577 614 665

A ebtitlla _to__a_m__e_n_d__t_h_e_A__c_t_s_i_n_c_o_r_p_o_r_a_ti_n_g__th__e_c_i_t_y_o_f__M_ a5r7i8- 617 664

A bill to create a new charter for the city of Talbotton 612 643 694
' A lbainlld t_o__a_m__e_n_d__a_n__A_c_t__in_c_o_r_p_o_r_a_t_in_g__t_h_e__to_w__n__o_f_S_c6o1t2- 643 695
A bill to amend an Act creating a new charter for Cordele _____________________________________________ 612 786

A bill to amend an Act amending the charter of Cordele 612 643 695
A bill to amend the charter of the town of Meig~- __ 613 644 694 A bill to amend the charter of Springfield _________ 613 644 694
A bill to create a new charter for the town of Harlem __ 617 661 A bill to incorporate the town- of Reno _____________ 670 687 766

882

INDEX

A bboilrlot_o_a_m__e_n_d__a_n__A_c_t_t_o__in_c_o__rp_o_r_a_t_e_t_h_e__c_it_y__o_f_S_w__ai6n7s0- 688 766
A bill to amend an Act to create a new charter for Macon 670 688 768
A bill to incorporate the town of Wesley_____ ____670 687 766
A fbieilldl _to__r_e_p_e_a_l__a_n__A_c_t__to__i_n_c_o_r_p_o_r_a_te__t_h_e__c_it_y__o_f_O__s6ie7r2- 687 765
Abill to amend an Act to consolidate the various Acts incorporating the city of Dalton ________________ 679 688 768
A bill to amend an Act establishing a new charter for the city of Waycross ___________________________ 700 761 790
A bill to amend and consolidate the several Acts incorporating Marietta________________________________ 701 761 79:l
A bill to amend the eharter of the tqwn of Martin ___ 701 762 79:l A tbhiell ttoownamoefnRdeanntz _A_c_t__e_n_ti_t_le_d__a__n__A_e_t__t_o__in_c_o_r_p_o_r7a1te9 761 790
A bill to ereate a new charter for the town of Brooks 720 76:l 788 A bill to amend the charter of Columbus__________ 720 762 792 A bill to revoke the charter of Ranger________________ 721 A bill to amend an Act incorporating Ralston ______ 721 761 '790 A bill to incorporate the town of Geneva ___________ 721 76a 789 A bill to incorporate the town of Brooks_____________ 721 762 A bill to provide for a Commission Form of government
for the city of Columbus _______________________722 761 800
A bill to create a new charter for the town of Gibson 755 782 807

SCHOOLS-

A bill to amend an Act to establjsh a system of public schools for the town of Eastman _________________:l47 458 478
A bill to be entitled an Act to repeal an Act to establish a public school system for the city of Ocilla_____ :l47 :l87
A biil to be entitled an Act authorizipg the establishment of a public school system for Canton ___________ _413 456 471
A bill to establish a public school system for Ocilla__415 457 476 A bill to declare and make the Clayton Board of Edu-
cAactaiodnemlyeg_a_l__s_u_c_c_e_ss_o_r__o_f__a_n_d___to___tr_u_s_t_e_e__o_f__C_l_a_y4to15n 4p7 474
A bill to incorporate the Davisboro school district __462 687 765 A bill to amend an Act establishing a system of public
schools for Waycross ___________________________ 516 644 69(} A bill to incorporate the Camilla school district_ ___ 558 617 665 A bill to establish a system of public schools for the town
of Scotland _____________________ - _____________ 670 722 767

INDEX

883

A bill to establish an institution known as the Georgia Training School for Girls_______________________ 775 780 826

"TAXES-
A bill to provide for a system of equalization of assessments of property for taxation in the state of Georgia 551 734
A bill to create and require the payment of taxes on property received by inheritance_____ ___________ 701 711 807
HOUSE RESOLUTIONs-
A resolution inviting Hon. Herbert Myrick to address the General Assembly_____________________________ 162 189
A resolution accepting an invitation for the General Assembly to viSit the city of Augusta______________ 194 197 198
A resolution to invite United States Senator Bacon to address the General Assembly in joint session_______ 254
A resolution to appoint a joint committee to investigate the advisability of purchasing the A. B. & A. R. R_ __ 286
A resolution to hold a joint session for the purpose of consolidating the vote for United St;ates Senator_ ____ 307
A resolution authorizing the Governor to investigate differences between citizens of the aliate of Georgia and copper mines of Tennessee ______________348 416 437 489
A resolution to ,authorize the committee on the school for deaf to visit institution between sessions_________ 348
A resolution to appoint the Hon. Walter P . .A,ndrews as Consul-General to Paris________________________ 416
A resolution to request the President of the U. S. to
6:fe~~:- -~-- -~~-~~~ _~~~~~~_~~l~~e~e~~ _~ _~~~ 518
A resolution to .authorize the Governor to borrow, upon reasonable terms, money for deficiencies _________ 679 696 776
A resolution inviting the Hon. Harvie Jorda,n to address the General Assembly_ ____________________________ 552
A Creosuonlutyti_o_n_r_e_l_a_ti_v_e__t_o_t_h_e__u_n_g_r_a_n_t_e_d__l_a_n_d_s_i_n__C_h_a_t_h_a_m_ 552 578
A resolution to authorize the Governor to call out volunteers on request of sheriff of Chatham County__ ___ 552
A resolution requesting the Bdard of Education to investigate the advisability of using the Blue Back Speller in Public schools ___________ -------_________ 641
A resolution recommending the preservation by the U.S. Government of Fort Frederica_____________________ 641 691
A resolution to provide for a commission to investigate the School Text-Book Commission _______________ 702 722 801

884

INDE,X -

A ret!Olution to appropriate certain moneys to J. H: Oxford, Crouch & Collier__________________________ 755 781 838
A resolution to pay expenses of Hon. T. H. Kimbrough, as a member of the Cotton Tare Committee _____ .756 781 829
:\ bill to create a commission to investigate and report at the next session the t~rms of a lease for the W. & A. R. R ______________________________________ 770 781 819
A resolution to authorize and compensate the State Sanitarium and Penitentiary Committee to visit said institutions _____________________________________ 770 782 822
A ret!Olution authorizing the House and Senate Committee on Penitentiary to visit the convict camps in vacation ________________________________________ 770 781 818

A resolution relative to preparing statement of unfinished business of the Legislature_ ________________________ 771 807

A resolution authorizing the Governor to enter into an

agreement with the Ducktown Copper Co., in behalf

of the State______________________________________

800

A resolution providing that the officers of the Senate and House shall remain at the Capitol five days after adjournment, to finish up the business________________

807

A resolution relative to a Legislative Reference Bureau_ 844

A resolution appointing a committee from the House and Senate to notify the Governor that the General Assembly had completed its business and was ready to adjourn_ ______________________________________ 844