Journal of the Senate of the State of Georgia regular session at Atlanta, Wednesday, June 28, 1916

JOURNAL
OF
THE SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION
AT ATLANTA. WEDNESDAY. JUNE 28, 1916.
19UI CaAB. P. Brau, State Prmlm'
ATLANTA, GA.

JOURNAL

SENATE CHAMBER, ATLANTA, GA.
\Yednesday, June 28, 1916.

The Senate met pursuant to adjournment at 10 o'clock A. ::\I., and was called to order by the President, Hon. G. Ogden Persons.

Pra~er was offered h~- the Chaplain.

l-pon the call of the roll the following Senators answered to their names:

A clams, J. 0. Akin, L. R.
Bailey, L. s.
Bonner, T. B.
Boykin, H. A. Buchanan, W. A.
Burnside, J. B.
Callahan, J. w.
Carlton, J. A.
Dobbs, E. P. Eakes, W. J. Fagan, T.V.
Gillis, N" . L.
Goolsby, B. F.

Haralson, Pat Harbin, T. \Y.
Harrison, W. T. Hol<len, .Tno. F.
Lawrence, A. A.
Mangham, J. J.
i\Jinter, c. c.
:\foon, E. T.
McCrory, c. R.
:\lcFarland, J. R.
:\IcLaughlin, B. F.
Paulk, Geo. A. Paulk, :\L J.

Peacock, z. v.
Pickett, D. C. Pickett, Roscoe Smith, E. M. Sto,all, A. S. J. Thomas, J. R. Tison, :\Iark 'T'rar~, (', C. Trammell, J. R. 1urner, T. R. Walker, J. D. Way, J. B.
Wren, w. J.

Those absent were 2\Iessrs.-

Fletcher, H. M.

Ransom, W. :\f.

Ward, C. A.

The following resolution was read and adopted:
By ::\Ir. ::\Joon of 37th DistrictA resolution instructing the Secretary of the

4

JouRxAL OF THE SEXATE,

Senate to inform the House of Representatives that the Senate has convened in regular session.

The follo\Ying resolution nas read and adopted:
By ~Ir. Turner of :21st DistrictA resolution providing for a joint committee of
two from the Senate and three from the House of Representatives to wait upon his Excellency, the GoYernor, and inform him that the General Assembly has convened in regular session, and is ready for the tnm,-action of business.
The committee on part of the Senate under the above resolution are
::\Iessrs. Turner and Peacock.

The following message was received from the Houl-le through ::\Ir. Boifeuillet, the clerk thereof:
Mr. President: The House has adopted the following resolution,
to wit.: A resolution instructing the Clerk of the House to
notify the Senate that the House has convened in regular session and is ready to transact business.
The House has concurred in the resolution of the Senate to appoint a joint committee of two from th~ Senate and three from the House to wait upon his Excellency, the Governor, and inform him that the General Assembly has convened in regular session.
The committee on the part of the House are Ayer of Bibb, Griffin of Lowndes, Dorris of Crisp.

\VEDXESDAY, JUNE 28, 1916.

5

Leaves of absence were granted ~fr. Fletcher of 26th District and ~Ir. Ransom of -:2d District.
InYitations were read from the Sons of Confederate Veterans and the Chamber of Commerce of ~facon, inviting the Senate to Yisit ~facon, on July 4-th to participate in the preparedness parade and review of the parade of the soldiers now in camp in that city.
~Ir. Dobbs offered as a substitute to the above inYitations a resolution accepting an invitation from the Georgia Preparedness ExecutiYe Committee, to take part in the preparedness parade to be held in Atlanta on July 4th.
The invitations from the city of :Macon were accepted.

The following message was received from the House through ~Ir. Boifeuillet, the Clerk thereof:
Jlr. Preside11t: The House has adopted the following resolution
in which the concurrence of the Senate is asked, to \Vit.:
A resolution that the General Assembly convene in joint session at eleYen-thirty o'clock to hear his Excellency, the GoYernor, deliver his annual message in person to the members of the Senate and House.
The House has also adopted the following resolution in which the concurrence of the Senate is asked, to wit.:

6

J OCRXAL OF THE SEXATE,

A resolution that the General Assembly accept the invitation extended by the mayor and council and the citizens of ::\lacon to be present at ::\lacon on the Fourth of July to take part in the preparedness parade and review the X ational Guard of Georgia.

l\fr. Turner, on part of the committee from the Senate, to wait upon the GoYernor and inform him that the General Assembly had conYened, submitted the following report:
Mr. President:
The undersigned committee appointed under the joint resolution of the Senate and House of HepresentatiYes to wait upon his Excellency, the GoYernor, for the purpose of noHfying him that the two Houses had met pursuant to Jaw, calling the Legislature to comene on this day, for the purpose of transacting business, beg leaYe to report that pursuant to said resolution, your committee has notified the GoYernor that the two Houses of the Legislature have convened and are ready for the transaction of husiness.
Respectfully suhmitted, T. R. TcRXER, Chairman.
z. v. PEACOCK,
Committee on part of the Senate.

The following House resolutions were taken up and adopted, to wit.:
By -:\fr. FowlerA resolution providing for a joint session of the
House and Senate, today at 11:30 o'clock, A. ::\L, for

\VEDNESDAY, .JU.NE :28, ]916.

7

the purpose of hearing the annual message of his Excellency, the GoYernor.

By :\Iessrs. Fowler, Ayer and Barfield~-\. re,.:olution accepting an inYitation from the
people of :\lacon to be present in :\lacon July 4th to
take part in the preparedness parade and reYiew the Xational Guard of Georgia now in camp in that city.

The following resolution ~Vas read and tabled, to wit.:
By :\Ir. 1\Ioon of :37th District-
J. resolution proYicling that the General Assembly adjourn sine die at 3 o'clock, P. :\I., on the 22d day of July, 1916.

The follo~Ving Senate hills were read the first time, to wit.:
By :\lr. Peacock~-\. bill to amend Article 5, Section 1, Paragraph 3
of the Constitution of Georgia relatiYe to the term of office of the Governor.
Referred to the Constitutional Amendments Committee.

By :\Ir. PeacockA bill to amend Article 5, Section 1, Paragraph 2
of the Constitution of Georgia.
Referred to the Constitutional Amendments Committee.

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JouRNAL OF THE SENATE,

By :Mr. PeacockA bill to amend Article 3, Section 4, Paragraph 3
of the Constitution of Georgia so as to provide for biennial sessions of the General Assembly.
Referred to the Constitutional Amendments Committee.

By .1\.Ir. Peacock-
A bill to amend Article 3, Section 4, Paragraph 6
of the Constitution of Georgia, so as to proYide for making sessions of the General Assembly sixty days.
Referred to the Constitutional Amendments Committee.

By Mr. Peacock-
A bill to amend Article 3, Section 9, Paragraph 1 of the Constitution, to provide for increasing the per diem of members of the General Assembly from four to six dollars.
Referred to the Constitutional Amendments Committee.

By Mr. TisonA bill to create and organize the rrifton Judicial
Circuit.
Referred to General Judiciary Committee.

By :Mr. .1\fcLaughlin-
A bill to amend Paragraph 1, Section 1, Article 13 of the Constitution of Georgia.

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9

Referred to the Constitutional Amendments Committee.

By ::\fr. },agan~-\ bill to amend Paragraph 2, Section 1, Article 11
of the Constitution of Georgia, as amended, so as to create the new county of Peach.
Referred to the Constitutional Amendments Committee.

By ::\lr. ::\IcLaughlinA bill to amend Section 3-1-38 of the Civil Code of
uno.
Referred to General .Judiciary Committee.

By ::\lr. SmithA bill tocreate the Indian Spring Judicial Circuit. Referred to General .Judiciary Committee.

By ::\lr. AdamsA bill to amend an Act to establish a city court
in the County of Hall.
Referred to Special Judiciary Committee.

By ::\fr. Persons_.:\ hill to authorize the Governor to examine into
the condition and administration of the office of sheriffs in the counties of this State.
Referred to General Judiciary Committee.

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JouRNAL OF THE SENATE,

By 1\Ir. MoonA bill to amend Section 4 of the Act establishing
the City Court of LaGrange.
Referred to General Judiciary Committee.

By Mr. MoonA bill to declare the powers of the Trustees of
the rniYersity of Georgia to admit to post-graduate -course of the l'"niYersity at Athens, students without regard to age or sex.
Referred to T:niverf'ity of Georgia CommitteE'.

By :Jir. ::\loonA bill to change the time of holding the Superior
Court in the County of Troup.
Referred to General ,Judiciary Committee.

By ::\Ir. TurnerA hill to rearrange the Dublin and Ocmulgee Judi-
cial Circuits b~- taking the County of wilkinson from the Ocmulgee Judicial Circuit and adding it to the Dublin Circuit.
RE'ferred to General Judiciary Committee.

By 1\Ir. PersonsA hill to authorize the Gonrnor to appoint a
fourth State Depository in the City of ::\lacon.
Referred to Banks and Banking Committee.
By l\fr. Turner~-\ hill to confer upon hanking rompanies the right

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11

to do business as trust companies under certain restrictions.
Referred to Banks and Banking Committee.

By ::\Ir. Per:-:ons~-\ bill to amend Paragraph 1, Section 4, Article 8
of the Constitution of Georgia granting authority to counties to leYy local tax for public schools.
Referred to the Constitutional Amendments Committee.

By ::\Ir. PersonsA bill to repeal Section 2624 of the Civil Code
of 1910, creating the office of attorney to the Railroad Commission.
Referred to General .Judiciary Committee.

By J\Ir. ThomasA bill to provide for the extension of the \Vestern
and ~\ tlantic Railroad from its terminus in Atlanta to the deep wafer sea port at St. }fary's, Ga.
Referred to the \\'estern & Atlantic Railroad Committee.

By ::\Ir. PersonsA bill to amend Paragraph 1, Section :3, Article
8 of the Constitution of Georgia providing an educational fund for the schools of said State.

Referred to the Constitutional Amendments Com-

mittee.

-~--~

12

JouRXAL OF THE SENATE,

By :Mr. Adams-
A bill to repeal an Act to amend an Act to estab-
lish a City Court in the County of Hall.
Referred to Special Judiciary Connnii.tee.

By ~Ir. McLaughlin-
A bill to make it penal to violate Section :3-!3G of
the Civil Code of 1910.
Referred to General J ucliciary Committee.
'fhe hour of 11:30 o'clock, A. ~I., having arriwd, the Senate repaired to the hall of the House of Representatives, for the purpose of hearing his }~xcel lency, the Governor, deliver his annual message, in person.
The joint session was called to order by the Presi-
ident of the Senate. The Secretan of the Senate read the resolution
connning the General Assembly in joint session. On motion, a cominittee consisting of one from
the Senate and two from the House were appointed to wait upon the Gonrnor and notify him that the
joint session had comenecl and was ready to hear his message.
The President appointed as saicl committee ~Ir. Turner of 21st District, and :Messrs. J1-,ullbright of Burke and Griffin of Lowndes.
The Governor was escorted to the hall of the House by said committee and he was introcluced to the General Assembly by the Presiclent of the Senate. He proceeded to deliver his annual message, as follows:

"\VEDXESDAY, ,JU~E 28, 1916..

]3

MESSAGE
ExECUTnE DEPARTl\fEXT, STATE OF GEORGI,\.
ATLAXTA, GA., .Tune ~s. 1916.
'l'o the Members of the General Assembly of the State of Georgia.
The second regular session of the present Legislature finds the condition of the country greatly improved. Business has continued to advance. and the recent low prices of our farm products have become things of the past. The merchants are selling for higher profits and in greater volume. The banks are thriving; money is easy; and the people of the Commonwealth, generally, are in much better spirits in every respect, than prevailed at your last meeting.
\Vhile the war still rages with unabated fury across the ocean, yet our people have escaped its ravages, and our country, up to this time, has been free from attack by outside foes, save a few incursions on the borders of Mexico.
The call for the National Guard, it is hoped, has been more to teach our sister republic that the United States is not as helpless as our Cl:itics have sought to prove, rather than for the purposes r serious warfare. The result has certainly disclosed the fact that a call to arms will be heard as quickly and answered as promptly now as w-as the same call in 1846 or the tocsin in 1861.

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.T oeRXAL oF THE SEX ATE,

lt is a pleasure for me to tell you that our State met the demand as readily, and that our Guard was in the field, equipped and ofticer:ed, as quickly, as occurred in any State in the Union-that the Georgia boys felt the same patriotic ardor as those in Xcw York, or ~Iassachusetts, or any other ( 'ommonwealth of the Union. In thirty-six hours aftN the word came we had enough men to fill our rnnks to the number required; our organizations were com pleted, and our men stood at their armories, "\Yit'i1 guns in their hands, awaiting the word of commaml from the ~ational Head.
Our people are adapting themselves to the situa-
tion caused by the shutting down of many sources of foreign supplies, growing out of the war in Europe, and are turning their thoughts to the development of those industries and products whirh onee formed the bulk of our foreign importations. A marked advance along these lines is in operation, and it is believed that many of the articles needed to supply the deficiency in the products of the old world will soon be made by our own people from our own inexhaustible materials. In this way I think the war in Europe has been of considerable advantage
to the American Nation, if in no other way. The
admirable manner in which the head of the Government, at \Yashingi:on, has steered the rountry through innumerable dangers to which we have bern exposed, by reason of the foreign war, challeng-es the gratitude of every real patriot in all our JaneL If the same good fortune shall attend our efforts on thr )fexiran border, so that our Georgia boys and

15
their comrades of the States, shall return with honor and safety from that field, it will leave us little to complain of and may atone for our regret because of their absence from their mother State.
SPECIAL SESSIOX.
The work which was done at the extraordinary session of the Legislature is beginning to make itself felt throughout the State.
The appropriations to the State institutions were very liberal, especially to the schools and colleges. As a result thereof, there is a vast revival going on in the field of education. Your \Vork in this respect has served to put new heart into all the officials engaged in carrying on the \Vork of education, and the brightest promise of future achienment ever known in the State's history is being held out to the public at the present time.
The appropriations for the departments and for the maintenance of the eleemosynary institutions were also liberal, and have served to render much easier the work in these portions of our government.
It is a matter of great congratulation that Georgia has begun to realize her duty towards those trying to transact her business. The economy practiced under the Constitution of 1877 has served at times to throttle and hold bnck tlw progTess of the fitate in many directions, and to prevent the Commonwealth from taking the position to which she is justly entitled, in the family of States. while caution in expenditure of the people's money is necessary, yet this

16

J OL'R~AL OF THE SE~ATE,

can ~ometimes be carried to such an extent as to dwarf the i\ork of government and render unhappy the people "ho \\ere sought to be benefited.
The four great Acts passed on the subject of prohibition are receiving a fair trial at the hands of the people, and much good is being clone, as will be hereinafter more fully set forth.
The adjustment of the automobile taxes to a constitutional ancl business basis, the provisions for the leasing of the \Yestern & Atlantic Railroad, and the other matters passed at the extraordinary session, added to the importance of the work of the session, and will aid in keeping alive the interest of the country in the same for many years to come.

A-cDIT OF STATE DEPARTl\IE~TS.
Under resolution adopted at the extraordinary session, authorizing the Governor to have an audit of all the departments of the State gonrnment made, for i\hich an appropriation was carried in the General Appropriation Act, the services of an auditor \\ere secured and a complete examination an<l thorough innstigntion into all the accounts of the State have been concluded.
The result of this innstigation \\ill he laid hefore your body in a separate message, with such suggestions and recommendations as the matter requires. The audit has included not only the State Departments at the Capitol, but also the several institutions of the State, the Sanitarium at ~Iilledge-

\VED~ESDAY, JUXE 28, 1916.

17

ville, and all the educational institutions supported by appropriations from the Treasury.
It is believed that the work has been efficiently done and that vast good will result to the State therefrom.
In a previous message, it was earnestly recommended to the General Assembly that it would be well to have a permanent auditor, whose duties should be set forth and determined by appropriatelegislation. The necessity for this still exists, for it is a crying shame that so great an institution as a sovereign State should have no officer charged with the direct duty of auditing the public accounts, ancT the examination of the expenditures of the public money so as to compare them with the vouchers that should support the same.

STATE Fr~AXCES.
The reports of the Treasurer and Comptroller will be before you, from which you can gather an iclea of the present conc1i tion of the Treasury and the ability of the State to meet its obligations.
NohYithstanding the set-back in business, in some directions, caused by the war, the collection of the taxes has kept pace in reasonable proportion with that of other years. There has been some delay in payment, and, on account of this, the Governor has been put to considerable difficulty in meeting the maturing obligations, both to the employees. of the State as well as to her creditors elsewhere.
It has been necessary to borrow some $300,000.00, which was secured at three and one-half per cent_

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JouRNAL oF THE SENATE,

This loan is payable in September at the time when the corporation taxes will come in.
Under the authority of the Act approved August 13, 1915, there has been sold the sum of $1,105,895.25 of the school warrants, payable on the 31st day of January, 1917, for the purpose of meeting, when due, the salaries and expenses of the public school teachers of the State. Ko difficulty was found in negotiating these warrants at three and one-half per cent. discount, and the use of them in anticipating the reYenue has enabled the State to keep up with the appropriations and meet the accruing charges on this aceount. It has been a matter of great congratulation that the old condition of affairs has passed away and this heavy burden upon the operations of the public school system has h<><>n finally and completely remowd.
I am adYised that at the time when this message is eompleted the Treasury has $142,010.31 available cash balance to meet the current expenses of the State.
The subject of the State's finances is of prime importance to every citizen of the Commonwealth and should be of especial interest to yon. the chosen represeutatiws of the people. The State's progress, prosperity and honor are invohed. Her good name is her best asset, and should he kept untarnished. The State collects money only through the inherent and necessar:- power to tax. Evf'ry cent going into the puhlic treasury, exrept the inrome from property, gets there in the form of a tax either upon person, property or occupation.

\YED::\E~DAY, ,JUNE :28, 1D1G.

19

For the State to incur obligations and not to meet them promptly is no less reprehensible in the State than it is in the citizen who promises to pay w-ithout the means to make good the promise. In fact, the Sovereign State should set the example of scrupulous integrity in her every transaction. This is dealing in matters about w-hich the State has promised and assumes the form of appropriations, but such matters are not exhaustiYe of the State's obligations. The State has adopted the wise policy of fostering her agricultural interests, and has made large appropriations to that end. The State is bound to care for the helpless and insane, and has made large appropriations to the sanitarium at :Jfilledgeville, Georgia's greatest charity. The State, hy Yirtue of her sovereignty, ow-es a duty to the chilc1ren of the State to make of them the Yery best citizens. This is no less important to the State than to the child. The State also is bound to protect her eYery citizen in the enjoyment of life, liberty and property, that being the fundamental idea in the State's organization.
The citizen, in return, owes to the State the reciprocal duty to obey her laws, to support her institutions in times of peace and to defend her soYereignty in times of w-ar, if necessary, w-ith his all. In proportion as these reciprocal duties are really appreciated and justly practiced, in that proportion will the blessings of government be secured. On the other hand, as these reciprocal duties are withheld and ignored, in that proportion w-ill the government prove a failure.

20

JouRNAL OF THE SENATE,

One of the most significant features of civil government everywhere is the rapid increase of public expenditures, National, State, county and municipal. Ten years ago the taxable values of Georgia, as evidenced by the Digests, were $577,840,282.00. In J915 the taxable values are $951,763,072.00. The total revenue from all sources in 1905 was $4,262,595.42. The total revenue from all sources in 1915 was $6,633,423'.64. The total appropriation in 1905 was $4,260,844.36. The total appropriation in 1915 was $6,411,875.25.
The State's financial problem has been made doubly serious by the fact that the Legislature during the past senra1 years has adopted a polic~-, the effect of which has been to rednce the State's sources of income. I refer to the abolition of the lease-convict system, and the repeal of the tax on liquor, near beer and locker clubs-measures which I sincerel~ approve, but which have had the effect of diminishing our sources of income, while the appropriations have been steadily increasing. The State is burning the candle at both ends and is now spending more money than she has revenue.
The State now would have been unable to meet her obligations, but for the Tax Act approved August 14, 1913. In fact, as appears from the Comptroller's report, so great is the loss in revenue, and so extended the appropriations, that even with an increase in taxes for the coming year to five mills, there will still be a deficit in the revenue of $206,000.00-and this, too, though no appropriations are made at the present session of the Legislature. It

\VED~ESDAY, .Tmm 28, 191G.

21

would be a good precautionary measure, therefore, if the General Assembly should, at its present session, set about to increase the reYenues by designating new sources of income and new subjects for taxation.
Under the operation of this last-named Equalization Act, the value of taxable property in this State, in consequence of the actiYity of the Local Boards of Assessors, increased approximately $85,000,000.00, by placing upon the Digest property "-hich neYer before paid any tax, and in the process of equalization between those who pay taxes. That Act, while accomplishing much, has in it greater possibilities, if the General Assembly will lend its aiel in perfecting the same. The main purpose of that Act was to put upon the Digest the property which has heen escaping taxation, and to equalize the burden of taxation by providing that each man shall take his proportionate part of the cost of government.
There was no intention or purpose to raise the taxes of any man, but, on the contrary, in the end, to lower the same; and this would he the effect of the Act if applied in good faith, as intended.
The Act merits ~-our earnest attention, and should he amended so as to take away from it any ohjectionahle features which han become eYident in its application to the work of the State, rather than be repealed at the present time.
If the Act is repealed, I would not feel that the Legislature had clone its clut~, unless some other method were adopted that would reach the eYil and

22

J OUR~AL OF THE SENATE,

supply the deficiencies apparent m our taxation system.
I submit the following earnest words from the pen of Judge .John C. Hart, who fills the office of Tax Commissioner, and whose ability and fairness are recognized throughout the State. He says:

'I am eonscions of the fact that the Act
from the day of its passage has met with persistent opposition hy many of the members of the Legislature who passed it. It became a law by a majority of only one vote, and the <1is<'ussions preceding its passage seem to have created wounds which unhappily have not yet healed. I appeal to the Legislature
to abandon the attitude of antagonism to-
wards the Tax Act, and suggest that it is the dnt~ of patriotic men to unite in an honest effort to obtain a just and equitable tax system both in theory and in practice. It is impossible to formulate any revenue measure whieh will meet with universal approbation. Xo popular tax law has ever yet been enac-ted, <111<1 never ~ill he, yet governmPnt C'oulcl not 0xist a week without revenue. In the perfection of the Tax Act lies the last hope of the State, and as one familiar with the State's financial condition I sa~ to you as an officer who has studied this pressing prohlem, and as a citizen loving this State, unless the State ~ets relief from its present situation the State will he eonfrontec1 with conditions c>re long which will be embarrassing at least to ritizens who believe that her good name is her
best asset.''

\\'EDXESD.H, ,Jl:xE 28, 1916.

23

PRINTIXG Fuxn.
The same deficiency in the printing fund exists at the present time as that which was referred to at last summer's session. The warrants upon the fund had exhausted it long before the year was out, and, as many things which were printed had to be used in the current year, the funds of that year were employed to supply the deficiency and pay for the work that had taken place in the previous year. Owing to this fact and to the increased expenditure for the extra session, in this behalf, the amount appropriated will not be sufficient to do the printing required for the present year.
I trust that you will look into this matter and, in your wisdom, make such an addition to the fund as will meet the emergency and prevent the lapping of one year into another.

KEEPER OF PuBLic BurLDIXGs AXD GRoexns.
This office has existed for some considerable time, and yet has no statute defining the duties attached to the same.
I earnestly recommend that the Legislature take the matter up for consideration and pass a law setting out and defining, in plain terms, the duty of this officer. He should be given entire control of all the servants and employees about the Capitol charged with the business of looking after, taking care of.
and presening the same. It would he well, also, to
make him the purchasing agent at the Capitol, and,
possibly, his duties might be extended to the whole

24

J OVR~AL OF THE SE"'ATE,

State, if a central purchasing agency could be established and authorized. It is believed that a great deal of money might be saved, if the State would buy in large quantities, under the direction of a single individual. l\ ot only would there be a saving in money, but frequently the quality of the article purchased would be greatly enhanced. Supplies could be delivered upon requisition from different institutions.
I call your attention to this matter as one worthy of careful consideration.
Shortly after assuming the duties of Governor, I found a shortage in this office. An auditor was employed .to audit the books and accounts of the Keeper. The auditor reported a shortage due by the Assistant to the Keeper of Buildings and Grounds of some $4,421.78, and an excess of bills over appropriation of $14,210.83. The Assistant Keeper of Buildings and Grounds so called, failed to make good the shortage, but the Keeper returned the amount clue ("ith the exception of the proceeds of certain forged checks \vhich he is now endeavoring to collect from the bank) to the General Fund of the Treasury.
You made good to the creditors the deficiency hy appropriating the sum of $14,210.83" to cover "work aetually done and supplies actually furnished.''
This money was paid out to creditors only upon sworn itemized statements, verified by the Keeper of Buildings and Grounds and carefully audited hy my office. In this way, several hundred dollars was saved the State, as all charges for interest and for articles delivered persona.lly to the Assistant Keep-

"\YEDXESDAY, JUNE 28, 191().

25

er of Buildings and Grounds were stricken from the accounts.
Several accoonts against the department for goods delivered and work actua11y performed for the State prior to the date of the appropriation were also found. These accounts were not reported by the auditor, as they were not presented to him, and the office bad no book showing "accounts payable." I, therefore, had the accounts itemized and sworn to, as wen as carefully audited, and paid them out of the appropriation. They amounted to $593.62.
I am pleased to report that there remains an unspent balance of $42.73 of this special appropriation, after paying all accounts against the department due prior to November 27th, the date of the appropriation.
Itemized statements of all the above mentioned accounts, as well as proper receipts, are of file in the Executive Office.
JuvENILE CouriTs.
It has been insisted that those young offenders whose lives it is the purpose of the State to reclaim ~bould be relieved of the stigma of prosecutions in the regular criminal courts.
To secure this end, it is felt that the establishment of juvenile courts is necessary, and it might be well that the Legislature should take up the law passed at the session of 1915 and extend its operations throughout the entire State.
In this connection, the General Assembly might .consider the question of establishing a training

26

JouR!\AL OF THE SENATE,

school for boys at some point other than the State Prison Farm. An institution similar to that which has been established for the training of wayward girls, now located in Fulton County, has been thought of and deserves your consideration. Such a school would exempt wayward boys from association with those convicted of crime and, especiallyr relieve such boys from the stain of conviction. A boy leaving a training school, with a good character, would undoubtedly have a much better chance in life than the same boy sent out from an institution classed as a reformatory.
Of course, the condition of the Treasury must be taken into consideration in passing on such matters, as there is no room at the present time left for additional appropriations.

THE NATIONAL GuARD AND THE ARMY REoRGANIZATION
AcT.
Congress has passed and the President has approved an Act reorganizing and enlarging the Army and the Xational Guard and providing for Reserves, in accordance with the powers granted the Nationa] Government by the Constitution of the United States, Art 1, Sec. 8, Par. 15.
"Cnder the terms of said Act this State is expected to have duly organized under its provisions a National Guard force that will comprise, besides the appropriate number of officers, two hundred enlisted men for each Congressman and Senator from the State during the first year of the law's operation. with an annual increase of not less than fifty

\VEDXESD.H, ,JL'XE 28, 191().

27

per cent. until the number reaches a total peace strength of eight hundred. enlisted men for each Senator and Representative from the State. The State has the privilege of organizing the full strength in less time than as above stated. As Georgia now has fourteen Senators and Representatives, the minimum number of enlisted men required the first year is twenty-eight hundred which we now have, and the maximum allowed on a peace footing is eleven thousand two hundred.
Under the Act the National Government undertakes to furnish complete equipment, the necessary officers and facilities for training and instruction of officers and men, and provides for the pay of officers and enlisted men, not only while in camp and in the service of the Xational Government, but for the time devoted to training at the home stations, underregulations therein provided for.
The National Government reserves the right to designate the particular unit or units, as to branch or arm of service, to be maintained in each State; to detail Army and National Guard officers as Chiefs of Staff and Assistant Chiefs of Staff of Divisions of the National Guard in the service of the United States, and to detail officers and enlisted men of the Army for instruction of the National Guard under certain regulations; and to draft the Xational Guard into the service of the United States in time of war; to have the President appoint officers thereof in time of war from their ranks; and to provide generally for instruction, discipline and training.

28

OF JOURNAL

THE SE:SATE,

The State is giYen fuU right to use the National Guard within its borders in time of peace, but is prohibited from maintaining other froops except as organized under the provisions of the Act; but the organization and maintenance of a State police or constabulary is not prohibited.
The Act places upon the State certain requirements as conditions precedent to securing the equipment, training and pay provided in the Act. Among them are that the State shall make adequate provision, to the satisfaction of the Secretary of 'Var, for the protection and care of property furnished; must make laws and regulations to place the National Guard in line with the provisions of the Act; and make certain laws regarding the appointment and tenure of service of certain staff officers.
Under the provisions of the Act it is necessary for the General Assembly to take legislative action at this session to meet these requirements, if our State is to co-operate with the National Government in the establishment of this branch of the defensive force of the country.
The National Guard is of inestimable value to the State in time of peace, as it has been and will again be to the Nation in time of war. Recent events have shown that the demand for an adequate, trained force may become imperative at any time. Congress and our President have apportioned to us as a State our immediate share in the program for preparedness. Self-interest and love of our State and country require that we bend our energies to-

\YED:XESDAY, ,}"C"~E ~8, 1916.

29

wards co-operating with the National Government in fostering the Guard in every way possible.
I commend. to the General Assembly the consideration of the Act of Congress, approved June 3, 1916, and the prompt passage of a law that will put its machinery in motion and its regulations in effect in this State at an early elate.

LEASE OF \VESTER~ & ATLA:XTIC RAILROAD.
The Commission, appointed under the Act approved .Kovember 30, 1915, charged with the duty of leasing or disposing of the \Yestern & Atlantic Railroad, has been busily engaged in gathering statistics, collecting data, and acquiring information necessary to intelligently handle the subject-matter, as provided in the Act aforesaid.
A report of the operations of the lease-commission will be furnished by the chairman, Ron. C. ~L Candler, at the present session of the Legislature and will be laid before your body, accompanied by a special message from the Executive.
The Commission has not yet completed its work. ~o lease of the road has been made, and only one offer, involving both a lease and extension of the road to the seashore, has been received by the Commission.
The prospect of leasing the road seems very favorable. Consultations with railroad authorities have led most of the Commission to believe that, when the necessary data has been collected and the work which the law requires has been completed, there

30

JoeRNAL OF THE SEXATE,

will be strong probability of being able to conclude the work of the Commission by securing a lease at a largely increased figure over the present rental.
The Commission did not think fit to ask for bids, both on account of the fact that the collection of the data had not been concluded, as well as from the fact that it \\~as represented that no railroad company would bid on the property without an amendment to Section 11-A of the lease Act, concerning the sub-letting of the road. It has been strongly objected that no company could afford to bid, unless the proviso in this section should be stricken out.
A full discussion of this subject will be found in the report of the ( 'ommission, with the recommendations of the Commission touching the same, to which the attention of the Genera1 Assembly will be called.
The \Yestern & Atlantic Railroad is the best of all the tangible assets of the State of Georgia. Its disposition is a matter of great interest, and deserns all the attention and innstigation which tl1c Commission can bring to hear upon it.
If it should unfortunately happen that the road cannot be leased, then it should be made plainly the duty of the Commission to ascertain "~hat other disposition can be reached, what would be the probahle result if the State should he forced to operate it, at what price it could he sold, or upon \vhat terms it could be extended to the sea, with the results in each case well set forth. The lease Act seems to contemplate this.
It is the earnest hope of the Executive that the Commission will he able to lease the road. for, upon

\VEDNEi::lDAY, .JUNE :28, HlHi.

31

this property, as such, rests in large measure the credit of the State, and its income is aiding the State in the education of the children and in lessening the taxes of the people. It should never be sold unless the people, themselves, pass on the question.

AxTI-PARALLELING AcT.
On October 5, 1914, vV. J. Morrison, et. al., filed a petition with the Secretary of State, asking to be incorporated as a railroad company under the name of Xorth Georgia 1lineral Railway. The length of the road was estimated to be approximately fifty miles, lying wholly within the State and was to run through the counties of Fulton, Cobb, Cherokee anel Bartow, and to \Yoffords Cross Roads in Bartow County, about seYen miles northeast of Cartersville and on the line of the Louisville & Xashyille Railroad, running from Kno.xxille to Cartersville.
The then Governor of the State, to-wit., Hon. John :\L Slaton, conceiYing that. the purpose of the petition was to parallel the \Yestern & Atlantic Railway, and believing that if done would greatly impair its value, inYoked a conference with the attorneys for petitioners, }Iessrs. King & Spalding. Governor Slaton informed counsel if the application
was pressed he would feel constrained to call the
General Assembly into extraordinary session and lay the matter before that body for such action as it might see fit to take. After considerable preliminaries, it was agreed that the application would not be pressed before the Secretary of State until the meeting of the Legislature in regular session.

32

JouRxAL OF THE SENATE,

Your body, at the regular session thereafter, enacted what is known as the Anti-Paralleling Act, ap- proYed August 11, 1915, found in Acts 1915, Reg11lar Session, page 18.
After the adjournment of your body, these petitioners, on the 31st day of December, 1915, secured from Hon. .John T. Pendleton, Judge of the Superior Court of the Atlanta Circuit, ''a mandamus nisi," requiring the Secretary of State to show cause why he should not grant the charter asked for. In response to the mandamus nisi, the Secretary of State answered, giving as his reason why the ruie should not be made absolute the passage of the .Act just cited, inhibiting him from granting authority to any priYate person ''to build a line of railwa~ parallel with the tracks of the western & Atlantic Railway, _and forbidding him to grant any authority or privilege to any person or corporation that v. ill depreciate the value of the said \Yestern & Atlantic Railway.'' In other words, the position of the Secretary of State was, and is, that to grant the privilege would he in violation of the Anti-Paralleling Act, and that he thought the application for the charter was really in behalf of the Louisville & NashYille Railroad C'ompan~ to obtain corporate powen and privileges to build a railroad parallel to the tracks of the Western & Atlantic Railway.
Thus it will be seen that these petitioners for incorporation on the one hand, and the refusal of tl1r Secretary of State on the other to grant it, brought directly into question the constitutionality of tl1e Act. The plaintiffs in the petition attacked the

33
Act upon the ground that the~T had complied with all statutory requirements as to ad,ertisements prior to the passag-e of the Ad, and claimed to have a Yested right to the charter, and as eonstrued b)T the Secretary of State tht' _-\ct wtts retroactiYe and void. They further took the position that the raiLroad asked for would not in fact be a road "parallel" to the \\.estern & Atlantic Railway.
They further attacked the Act as violative of the Constitution of this State, Article 1, Section 1, Paragraph 23, as an effort to confer power upon the Secretary of State in violation of the provision that "The leg-islative, judicial qnd executiw po,wrs shall forever remain separate and distinct, and no person discharging the duties of one sha11 at the same time exercise the functions of either of the others." The Act was attacked upon other gTounch: as violative of the Constitution and laws of Georgia.
The Act was further attacked upon the ground that it violated the Federal Constitution, and was in Yiolation of the ShC>rnwn ~-\uti-Trust Law; that it was an interference with interstate commerce, and was a denial of the Pqual protection of the laws. contrar~ to the Constitution of the United States.
The case came on re~mlarly to be heard before .Turlge Pendleton, in pursuance of previous orders, and, after argument lasting several days, the juc1!2,"~~ decided, on January 31, 1916, in favor of the constitutionality of the Act, and denied the petition to make the rule absolute. The case was appP.alcd to the Supreme Court of Georgia, where it was recently argued and is now pending for decision.

3-

J orRxAL OF THE SEN"ATE,

A petition for injunction involving practically the same issues was filed by the State of Georgia in Bartow Superior Court, before Judge Fite, to enjoin the building of a road from a point just out from CartersYille to Atlanta. The case was heard before Judge Fite, and, after argument thereof, he held
that the State was entitled to an injunction, because
the proposed road violated the Anti-Paralleling Act. The LouisYille & Nashville Railroad Compan), or the parties acting in their behalf, have acquiesced in that decision. The railroad is represented by Ron. Alex. C. King, Hon . .T. J. Spalding, and ~Iessrs. Dorsey, Brewster, Ho\Yell & Heyman.
Owing to the gravit) and importance of these
ca:;;es, I employed, to assist in representing the State, Judge Horace ~I. Holden and Judge John C. Hart.
I do not know, of course, what will be the decision of the Supreme Court of Georgia, but I have done all in my power, as Governor, to preserve the State's road, her best asset, from injury and deprec-iation h}7 reason of these efforts on the part of the Louisville & Naslwille Railroad and its allies, and, so far, the courts have sustained the constitutionality of the Act.

LrnGATIO~ \YITH THE CoPPER CoMPANIES.
The Supreme Court of the United States has sustained the contention of the State with the Ducktown Copper Company concerning the damage done hy the operation of the plant to our citizens in adjacent counties.
It will be remembered that there are two copper

\YEoxEsDAY, .JexE ~ti, HllG.

35

companies operating in close proximity near the line of Fannin County, the Ducktown Company and the Tennessee Copper Company.
The latter company entered into a contract with the State, which was adopted by resolution of the Legislature in 1913' (Acts 1913, page 1295), by which all damages were to be settled through arbitrators.
The Ducktown Company refused to enter into a similar contract, and the litigati9n with that company went forward, while the other remained at a stand-s till.
On the 3rcl clay of April, of the present year, the Supreme Court of the United States rendered a unanimous decision in fayor of the State of Georgia, laying down and setting very stringent regulations concerning the operation of the plant for the future and giYing a complete basis of relief hy injunction if injury should continue. The result in this ease was a decided triumph for our State.
The contract with the Tennessee Company was made to cover the period of three years and to continue longer, unless six months notice should be given by either party of an intention to terminate the same.
Considerable dissatisfaction has arisen over the operation of this contract, and a very strong demand has been made on the Executive to give the notice iequired to terminate the same. The provision m the contraat touching this matter is as follows:
''This contract, unless terminated by breach, as provided in Paragraph 10, shall remain in pffect at least the period of time

36

JoeRNAL OF THE SENATE,

hereinbefore proYidecl. It shall continue thereafter, miless at least six months prHious notice, in writing, shall be ginn by either part:- to the other party, of its intention to terminate the contract."

Inasmuch as the Legislature acted upon the original contract and, when in session, more immediately represents the State, I han concluded to refer the whole matter to your body for inYestigation ancl direction. If a new contract is desired, the permission of the State would be necessary, and the Legislature ought to giYe this. If the contract is to be terminated nncl the litigation is to be taken up anew, w as to be pushed to the en(l, the Legislature ought to giYe direction accordingly..
I refer the matter to you with the following suggestions:
The Tennessee Copper Company has grown into vast proportions; in fact, it is said to be the largest of its kind in the world. It is Yery near the border line of the State-not more than a quarter of a mile away. It has iuYestecl a large amount of money in the plant and employs more than a thousand people from Georgia in its business. It is using some ~:)0 tons of ore daily from the copper mines located on the Georgia side of the line. It has a vast output, spending two millions of dollars annually in the production of the same, much of which expenditure eomes to Georgia for wages, supplies and materiaL It is really doing a great work in the mountain regions for the people of Gilmer, Fannin and Union,

\YED:NEi:iDAY, .JUKE :28, 1916.

37

and its destruction or cessation would be a public calamity.
But in the working of its ores, quantities of sulphur fumes are turned loose upon the surrounding country. These fumes destroy vegetation, and, sometimes have produced great damage to the crops and timber of the citizens, especially the farmers, for ten and even t\\enty miles away.
The company has its domicile in Tennessee, while the citizens affected live in Georgia. Necessarily, the damages in individual instances are very small-to crops and to timber-the farmers are not rich, and, to be forced to go over into Tennessee and bring snit in the courts of that State, making bonds, paying costs, employing lawyers, losing time in attendance upon court, paying the expenses of witnesses-is an almost impossible task for them.
The State, therefore, long ago came to their help and filed proceedings for injunction in the Supreme Court of the United States, at Washington.
. After the litigation had proceeded for some time, the Copper Company determined to build a number of large acid chambers, to be used in gathering up the sulphurous fumes and converting them into sulphuric acid. This product was sold to the fertilizer manufactories of the South and became an important element in the manufacture of fertilizers throughout the State, reducing the price, it is claimed, more than two dollars per ton of the completed article. The capacity of these acid chambers determined the number of furnaces the company could 0mploy without serious detriment to the surround-

38

JorRNAL OF THE SE:x.,\TE,

ing country. So the contract which was entered into m 1913 contained the following stipulation:
''The compan~ will not, during the life of this agreement, operate more green ore fur naces than it finds neressary to permit of operating its sulphuric arid plant at its normal, full capacity."
Of course, if this were done and all the fumes were required for the acid chambers, there could be no damage resulting to the property of the citizens.
An inspector was authorized, whose duty it was to examine the plant at inten-als and get information as to the tonnage of the ore-smeltage and of the acid made during the period and report to the Governor. But the company, knowing that these provisions would not confine all the gas-for the compan~ is subject to accidents and to the results arising from the carelessness of employees, and other contingencies-and that at times the volume of gas which escaped might settle on the fields and forests of the people and would he sufficiently charged with sulphur dioxide to create considerable damage as far as it extended-agTeed with the State to deposit in bank a certain sum of mone~-. to-wit.. $16,500.00, for each year the contract continued in existence, this amount to he placed to the credit of the Governor and to he paid out in settlement of the damage rlaims of the ,')eople as the same were passed on and allowed by the Board of Arhitrators. One of these was selected by the compan~- and one by the State; and, in case of disagreement, an umpire was called in, who was also

\VEDNESDAY, .JeNE 28, HH6.

39

appointed by the State; the decision of any two of these to be final.
The awards that han been made by the arbitrators, it seems, haYe not satisfied the people. Not quite half the daims filed were allowed, and not quite half the money deposited in any one year was used and paid out. The fund in the bank now amounts to some $32,000.00.
If the contract is abrogated, the citizens will be left to their remedies in the Tennessee courts, and the State can go on with the litigation to secure injunctions, and, if necessary, stop or greatly impede the operations of the plant.
After careful examination into the matter and a visit to the scene, I haYe not found any facts to justify any charge of bad faith or corruption on the part of the arbitrators appointed by the State. They may haYe committed mistakes of judgment. I haYe no doubt they have, but I belieYe they have endeavored to fairly discharge their duty under the arbitration contract.
Yet there is one suggestion which has much weight. I think the people would be better satisfied to haYe one of these appointees on the ground. I will endeaYor to satisfy them as to this in making reappointments.
The contract, if honestly and faithfully executed. affords a method of relief to the people of the counties involYed that should not be underestimated. They are generally small farmers, of little means, and to have their harvests destroyed, their prosrects ruined hy the fumes from the great furnaces

40

JoL"RKAL oF THE SExATE,

and smelteries at the copper manufactory, is a bardship that they ought not to be compelled to b~ar without relief, if the State can give it to them. The contract, itself, shows that the copper company recognizes this fact.
If it is desired to abrogate the contract, a resolution to that effect is all that is necessary. If it is desired to continue it, the same means can be adopted to inform the Executive. The State has made it her matter, and, as such, I refer it to the General Assem-
bl~'
THE PENITEKTIARY AXD THE PRISON BoARD.
The report of the Prison Board, showing the working and disposition of the convicts of the State, as well as the receipts and expenditures of the Commission, will he laid hefore you at the present sesSion.
The felony convicts at the present time amount to 3,582. These are being worked on the chaingang's of the counties and upon the Prison Farm at l\filledgeville.

THE REFORMATORY FOR BoYs.
This prison is located on the Prison Farm, and is a part of the penitentiary system.
A very important addition has been made to the main building, a new story having been added and the whole structure made fire-proof. This was very much needed, as there is no doubt of the fact that great danger existed to those who were sent to the pnson.

"\rEDXESD.n, ,JUXE :28, 191().

41

PARDON BoARD.
In 1897, the Legislature established what is known as a Prison Commission, consisting of three persons, charged with the control and management of the penitentiary system of the State.
All convicts, except municipal or city convicts, are
turned over to the care of these gentlemen, and the
county chaingangs. The Prison Farm, the Reformatory, and other agencies for managing and working the convicts of the State are under their supervision and direction.
In addition to the important work required of
this Board, in this respect, the law constitutes it a
Board of Pardons, to which all applications for Ex-
ecutive clemency must be referred before the same
can come to the Governor. Such provision is dis-
tinctly authorized by the Constitution ancl, under the words of the statute, the Governor has no legal authority to act on applications for clemency until the Board has first considered the same.
Unfortunately the recommendations of the Board possess no legal value. The GoYernor can follow them or disregard them as he sees fit. There is not enn provision requiring this Board to collect the evidence, prepare and digest it, and put it into proper shape for consideration by the Governor. f\o time whatever is saved by the applications to this Board.
I earnestly recommend that some method of proC<'dnre be outlined so that the Board's work can be made available. It might even be advisable that the

2

JouRNAL OF THE SENATE,

Constitution be amended, giving due effect to the actions of the Board. Some such step should be taken, or the law so amended as to exempt the Board from passing on the questions involved in applications for clemency and confining its duties merely to the collecting of evidence and the presentation of questions necessary for the purpose of reaching a safe conclusion on all these applications.
The matter of parole should be left entirely to the Board.
Many other States han long since found that a Pardon Board can lighten the work of the Governor's office very materially, provided its recommendations or decisions carry proper weight with them.
About one-third of the Governor's time is taken up with these clemency cases, and almost every one, whether favorably or unfavorably recommended, is argued before him.
If the General Assembly were not averse to the creation of new offices, I would strongly recommend that the Prison Commission be reliewd of all duty concerning clemency to prisoners and that a Board of three experienced persons skilled in the law be appointed, charged with the duty of passing on all applications for pardon and making a final decision therein. It is believed that the expense of such a Board would not exceed ten thousand dollars per annum, and the work of the Board would probably save to the State, every year, much more than the cost of maintenance.
Rince assuming the duties of office, I have passed nrlvrrsely or favorahly upon ~52 appliratiom; for

\YED~ESDAY, JrxE :28, 19JG.

43

clemency. There are now pending in the Executive Office 223 applieation~, of which 138 were favorably recommended, and all of which, owing to the duties of the office, I haYe been unable to consider and determine.
If the Legislature will provide for the prorating of the fine in eases where an alternative sentence has been imposed, it will materially lessen the number of applications. :'.s the law stands at present, ~honld a man be sentenced to pay a fine of $100.00 or s0rve twelve months in the rhaingang, and, after sening six months, find that he can arrange to pay one-half his fine, his only remedy is to apply to the <ioYernor for a commutation of his sentenre to the fine. He cannot sene a part of his sentenre and get Predit for it upon his fine. I \Yould rerommend some provision for the prorating of fines in such cases.

OTHER hiPROYE:\IEXTS AT STATE FARM.

The report of the Commission shows that the

wing whirh was proposed to the main building has

been prartically rompleted. Four cells have been

huilt, two for white and two for colored. The sys-

tem of sewerage is well on the way, most of the pip-

ing having been laid, the deep well, for water, is

being sunk, and all the work is going forward as

rapidly as practicable, as it is being done with con-

vict labor.

- ~"<;.,;;;

The health of the prisoners is in comparatively good rondition.

It is the belief of the Prison Commission that

the misdenwanor convirts should be under their con-

44

JouR::-<AL OF THE SEKATE,

trol, just as felony convicts, so that they might be distributed, if found necessary. To do this, it would be necessary to amend Section 1065 of the Penal Code.
Drug addicts ougl!t not to be sent to the Prison Farm, and it is supposed will not be sent there hereafter.
The Commission asks a slight addition to the maintenance fund to pay for electric lights and power needed in the various buildings on the farm.

INsANE CoNVICTS.
I would especially urge some amendment making provision for the disposition of convicts who become insane or mentally deranged after conviction. Under our present law, only in capital cases can the Governor appoint a commission to inquire into the mental condition of a convicted party, and, then, have such party removed to the asylum.
The county camps are helpless where a convict loses his mind, and their only remedy is to confine ltim in the county jail and apply to the Governor for a commutation of his sentence, in order that a writ of lunacy may be tried out. A simple amendment should be passed, providing for a commission of pl1ysicians to inquire into the sanity of those convicted of crimes of less grade, as well as those guilty of capital felonies.
LY:NC'H-LAw.
A great deal has appeared in the public prints :rerently on the subject of lynch-law.

\YEDNESD.H, JL'~E :28, lDJG.

45

Georgia has obtained an unfortunate prominence in the discussion that has taken place.
The killing of a human being without the sanction of law or the authority of the courts is always n serious matter, and, if the event is brought about by the work of the mob, there is great danger that the ad will be repeated, tspecially if the persons who constituted the mob are never brought to justiee. One such act is more than apt to give rise to others.
Lynch-law is a relic of barbarism. It was used in the earlier da~s of the Republic and in the distant \\-est before the laws had been enacted and put into operation. \Yhen the situation improved and government was set up, a respect for law resulted, and the work of the mob became less frequent.
:Mob-law should never be allowed to take the place of statute law in an~- community, and there can he no safety to life, liherty or property, until this fact is fully recognized hy our people.
In our State, the prevalenc:e of lynching is clue large!~- I believe to an owr-growth of race prejudice.
\Yhile I am confident that the people of other States, if placed in the same situation with our people, would act in the main as they do, yet it is none the less reprehensible and greatly to be deplored. when some great crime has heen committed, involving the crossing of the line lwtween the two racBs, and the moh starts to annge it, there i"> prddicall~r a declaration of war. 1fen lay aside all personal fear, and, seizing arms, march together as in the clay - of genuine hattie. HumaN. life, property rights, regard for self-all of these are lost sight of in the

-Hi

J OCR!\A], OF THE SE:8ATE,

presence of the awful purpose which burns and boils al)(lroars in the caldron of ~ouls of the conspirator,-,
The remedy for all this is, of course, obedience to law. This would prevent the crimes that lead to lynchings. The better adjustment of the relation between the negro and the "bite man i~ much to be desired. If liquor could be kept from both racesbut more especially from the colored race-thert~ would be less danger of the crimes which lead to lynching. The race antagonism develops fast when feu from such a source, and the natural antagoni".m of the races lC'ads to an uncontrollable race war, growing out of the disregard of law. In the old system, the jury trials were even had in the llresence of the murdered victim, and the ~layer was forced to look upon the work of his hand while the jury deliberated on his crime. The punishment that followed was Bwift, certain, ilwxorahle. ThiR was IH'Cessary in the earlier days, and it is the secret belief of many of the thinking people in our community that the certainty and severity and swiftness of thf' punishment is the only way to deter ,from crime now, as in times when men were semi-civilized.
It has been recommended that there should he rC'form in our criminal procedure, so as to command more respect and strikf' mor<' terror to the hearts of those who look upon the result of criminal trials.
I respectfully ask of the Legislature a .careful c>onsiclf'ration of the subject at the present session and th<> shaping of such additional legislation as may h<' npc.f'~f;Hr~ to hring- about a complete cessation of th<> ly1whing f'vil in our land.

\YEDNESDAY, .J"U~E 28, HllG.

47

It has been contended that the exercise of the pardoning power has something to do with the want of respect for our courts and juries. It may be so, but it is still true that in one of our neighboring States, the penitentiary was almost exhausted by a former Governor, and yet there has been only one case of lynching per annum for se\"eral years in that State. There are some drastic ltnYs on the statute books in South Carolina; in fact. a constitutional amendment was adopted, authorizing and requiring legislation to prevent such occurrences. Similar laws have been enacted in other States and have been found to work with admirable success.
The matter deserves, as I hope it will receive, your most careful attention at the present session, in order to stop forever the criticisms that are being made on our State.

FouR-YEAR TERM FOR GovERNOR AND STATE-Hol:sE
OFFICERS.
Since the amendment to the Constitution, adopteel in 1914, giving to all county officers a term of four years, it would seem reasonable that a like provision be enacted in regard to the Governor and StateHouse Officers. The Legislature might be included in such provision also, without detriment to the public service.
The argument in favor of this rlass of office holders is much stronger than that which applied to the county officers. Not only is the inconvenience of frequent elections obviated, but the four-year

48

.J orRx AL oF THE SE~ATE,

term would give more experience in the office and insure lJetter attention to the business of the State.
If the GoYernor is included in such a provision, he should be made ineligible to a second term until after a full term has elapsed. It is neither <liguifjed nor expedient that the Governor who wishes to succeed himself should be subjected to the strain of a
canvass commenced only six months, it may he, after he lm:-; enteretl upon the Lliseharge of the duti.es of his office.
Jn every instnnl'e, since l 87~, except hvo very recent l'asts, the people of Georgia have recognized this fad, and the GoYemor has been nllowecl to sue<eed himself 'rithout heing snhjede1l to the trouhle aiHl expense of another <ampaign. Jt is almost impo,sih!e for the in1mnl.ent of thi:-; hi~l1 offite to <lis<harge his (luties 1ll'Ol1erly ancl effec-tively, an.l with an {'~e sing-le to tlH lwr-;t interest of tlw Stat0, while he is undenroing the strain ancl exertion of a <'ampaisrn against his opponents for re-election. Hi,; enry act, in sueh cases, will he suhjected to the kef>nest criticisn1, and, in man~' instances. matle the f.whiN-t of virulent ahnse. Yery few publir servants can ad with Pquanimity wh>n they know their conllnd may he distort<>(l hy their competitors in the eampaign, their motiY(>S impug11ed, and their jwlg:nwnt impPach<>(l-all for political purpoS<>!". Smh a !-'tatf> of affairs <'llf'omag-p;;; (lf>mag:op:nery instea1l of !"t:11rsmanship, niHl asRlli'Pfll~ 1lMP not make for ~oorl poyf>rnment.

IxHERITAXCE TAx.
There has been some difficulty heretofore in the collection of the inheritance tax, provided for in the Act approved August 19, 1913.
Xo one seems to be directly charged with the duty of looking after the same.
In this connection, I thought it well to ask the Tax Commissioner to take the matter up, and en tered into an anangement with him by which he agreed to look after all these collections. ::\!any estates have been distributed "ithout the payment of the tax, inasmuch as it was the business of no one to attend to the same.
In one of the largest cases-that of the Ron. James ::\I. Smith, who recently died in Oglethorpe County-the collection of the tax, probably over $100,000.00, has been held up .by the action of the United States Court at ::\lacon. A very heaYy litigation began in that court onr the estate, and the district judge, W'ho presided, after a protracted hearing, enjoined all action in the Court of Ordinary of Oglethorpe County, concerning the estate, on acaount of certain irregularities alleged
to haYe occurred in the appointment of the adminis-
trators. His action necessarily delayed the collection of the State's claim, W'hich, to say the least of it, was rather "unusuaL" But the matter is now pending before the Court of Appeals, in Atlanta, anrl a (lerision is expected in October. ~Ieantime, that conrt sd aside the restrictive order passed by the (listrirt jmlg<', and it is ho11ed that the proceedings

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in the Ordinary's Court, to fix the amount of the tux in order to secure the payment of the same will be allowed to go forward in the ordinary way.

TAXATIOx oF CoLLEGE Exnow.MEXTS.
At the sumlller session of your body, an amendment to the Constitution passed the Senate by the necessary two-thirds majority, but failed in the House by some fo~r Yotes. :Kotice of a motion to reconsider was given and the lllatter will probably come before you at the present session.
I most eamestly adYise the passage of this llleasure, in order that it may be submitted to the people. It has been carefully drawn, guarding the State's interests at eYery important point, and its passage is an act of justice to this class of property that th( State has been slow to grant.
The State ought. to encourage investments in property for the education of her people. Denominations engaged in education are entitled to this much recognition, it would seem, on the part of the government. Amidst the present splendid adYance no note of discord ought to be heard.
ExPEXSES OF CAxDIDATES.
I again call your attention to the heavy expense necessary to carrying on a campaig11 for election in this State. These expenses ha\e grown so onerous that only a favored few can afford to run for an office of prominence in the State.
A bill was prepared and introduced in the Senate to remedy this evil so as to make it possible for

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51

some of those not favored with any large amount of this world's resomces to run for some of the offices that become vacant from time to time in our system. This bill passed the Senate and is now pending in the House. I trust that it will receive your early attention, so that the crying evil may he remedied as speedily as practicable.

LABOR LEGISLATIOX.
The attention of the General Assembly is calle<l to the bills pending in the present Legislature intended to give relief to the labor situation of the State. These bills include the measure for the appointment of Inspectors of Factories, so as to insure a compliance with the law touching child labor, and, also, the semi-monthly payment of wages by corporations to their employees.
These measures are believed to be very meritorious, and ought not to meet any opposition in their passage.
The Executive Department, so far as the employees under the Keeper of Public Buildings and Grounds are concerned, has adopted the method of semi-monthly payments with great advantage to the force. It tends to relieve the necessities of. the employees and insures better work, because it is done with less distraction.

:\L<\.RRIAGE AXD DIVORCE.
Considerable investigation has been made of the laws of Georgia existing at the present time touching marriage And divorce. It has been claimed that

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the steps necessary to secure marriage licenses and the report of the marriage, need considerable attention, so as to render more certain the enforcement of the law touching such matters. The multiplication of diYorces, and, the readiness with which these are granted in our courts today, has become a subject matter of much discussion among the thinking people of the State.
I commend the subject to your consideration and trust that in your wisdom you will carefully look into the same and see whether any legislation is necessary to conform such proceedings to the better sense of the people.

TREASURER AND BANK ExAMINER.
One of the surviving features of the rigid economy of the Constitution_of 1817 is found in Article 5, Section 2, Paragraph 2, of that instrument, fixing the salary of the Treasurer of the State at a figure ''not to exceed $:2,000.00 per annum.'' The clerical expenses of his department are limited to $1,600.00 per annum. In order to circumvent the Constitution and to give to the Treasurer a little better salary and a clerical force that can attend to his office the Legislature has made him the Bank Examiner and given him an office force which approaches to that required for transacting the rrreasurer's business.
This office is one of great importance in the goYernment, as well to Legislators as to all other persons connected with the Civil Establishment, or with any of the departments. The work that the inrumbent was required to do during the past year.

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handling nearly $11,000,000.00, making entries and keeping check on all the other departments, carrying a bond of $:200,000.00 with a heavy expense in paying the premium for the same, and under the necessity of making a careful accounting of every dollar that comes into his hand-would he worth in an ordinary institution, more than $6,000, alone-and, yet, he was restricted to the slender pittance of $2,000.00.
The duties of the Bank Examiner are very exacting; also exceedingly important, and I believe the office force for the two should he separate and kept so. I han no patience with the effort made hy the Legislature from time to time to circumwnt the Constitution by piling other duties on a constitutional officer. The salary should be sufficient for the work which he does, and any other work, it ~oulcl seem, should be done under the direction of a different bureau.
These suggestions are made not in any way as n r'flf'dion upon th' ahl' and distinguished officer who fills this plare, hnt only for the sake of the future an<l as an act of justice to any incumbent of that offiee.

STATE LIBRARY.
The Librarian has called attention to the large supply of hooks on hand in the basement, same composing about 100.000 volumes, valued at approximately $150,000.00.
There is no complete inventory of these books and the Librarian asks for an appropriation to procure help in making a complete inventory of all books

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kept on hand for sale. The General Assembly can readily see the necessity for such inventory.
.Jly attention is also called to the method of haY-
ing Georgia Reports reprinted. Code Section 183 proYides that when the Librarian finds that any i8sue of the Reports on hand numbers less than twenty-fiye Yolumes, the Governor shall, upon notice, have fin hundred copies struck off. .Jlany times these hooks are published in loJs of 500 when in fact fifty or one hundred would answer every purpose for several years. E\ery time the full number of 500 volumes is run off, it costs the State $312.50. 'l'his is entirely too important a matter to overlook, in view of the fact that our printing fund is already laboring under a deficit of some six or seven thousand dollars. I recommend that an amendment be passed to Section 185 allm,ing the Governor to have only such numher of the Reports published, as in his discretion lw finds is needed, not exceeding 500.

GEOLOGICAL DEPARTMENT.
It is very encouraging to note the assertions of the State Geologist that along many lines the State has nenr experienced such great activity in the development of its mineral wealth as it has during the past year.
The head of the department calls attention to a statement of the Major-General of the United States Army to the effect that he is greatly handicapped in conneetion with plans for the defense of our coast, by the absence of suitable detail maps in South Carolina, Florida and Georgia. The matter of the mak-

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ing of topographical maps would naturally fall under the supervision of this department.
The State Geologist has taken the matter up with the Director of the United States Geological Survey, and has been advised that the government has such maps for less than 35 per cent. of the area of the State; but that the Federal Government is in position to place at the disposal of the proper authorities in making such maps,. any sum up to $20,000 annually, provided such amount is met with a like appropriation from the State. In other words, the Fetleral Govemmcnt will put in one dollar for eYery dollar appropriated by the State of Georgia.
~uch maps are highly important, not only for military purposes, but from a commercial standpoint as well. I would be exceedingly glad if our "General .Assembly could deYise some means for raising the revenue for sueh an appropriation.
At the quarterly meeting of the Advisory Board, in March, 1916, the State Geologist made a report on the subject of draining waste lands in Georgia. It was stated therein that one-fourteenth of the area of Georgia lands is in need of drainage in order to be re-claimed for proper cultivation.
The Board approved of the proposal by the Geologist that further survey of drainage lands should be made. At the June meeting of the Board, the Geologist reported that the entire State had been covered for this PUl1)0Se and that a great deal of interest is being manifested in this subject. The result of this survey will be published in a bulletin

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and it is confidently belieYed that a very valuable work will be accomplished in this way.

CO:\IPILER OF RECORDS.
The Compiler of Reeords calls my attention to the fact that the State of ""isconsin, on thel Canadian border line, possesses more hooks pertaining to Georgia's history than Georgia can boast in all her libraries combined, besides owning many important documents and manuscripts relating to this State. He recommends that the Legislature take some steps looking toward the establi~hing of a permanent Department of Archins and History.
I think it would he well for the General ~-\.ssembly to take under consideration the matter of the preseiTation of our old documents. I esteem greatly the yalue of such records and am l1eartily in faYor of presening them; howeYer, I would he gln<l if some more economic methofl could he deYise<l.
The publishing of Colonial Records has cost the State already approximately sennty-eight tlwu:';an(l dollars, and the returns from the sale of such records amounts to only ahout $::?,500.

GA:\IE AXD FISH DF.PARDIEXT.
The report of the State Game and Fish Commissioner will be placed before your body. There are a number of very important matters called to the attention of the Gon~rnor and the GeneraL:\.ssembly in this report and I commend it to your consideration.

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From the report it would seem that you are to he congratulated upon the result of the law which you passed at the extraordinary session approYed Nonmber 27, 1915.
The protection which was afforded the coast fisheries and the re-adjustment of the open season resulted in Yer~' large increases in the shrimp and prawn industries and added greatly to the prosperity of the people in those communities.

SePREME CorRT CoxGESTIOK.
Our highest courts-the Supreme Court and the Court of Appeals-are still greatly congested with business. At each se:osion it becomes more difficult for the judge::-:. to preYent cases from hecoming affirmed hy law. Some relief ought to be giwn these tribunals.
The lawyers of the ~tate and the bar assoc-iations haw all suggeste<l remedies for this trouble.
The dela~s in the Supreme Court, especially, oftentimes amount to a practical denial of justice. Litigants forget their rases before they are decided.
The judges of these courts ought to be paid Yery much larger salaries than that which they now recein, in Yiew of the work the~- do.
Some more stringent regulation should be adopted by the Legislature as to the writing out and publication of opinions. :Murh time might he sa,ed if the methocls follo\\ed in other States were more largel~- adopted, viz.: A mere head-note decision in most of the cases, to he rendered within say fifteen days after the argument is had. Some mistakes

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might be made, but the dispatch of business woulu haYe its compensation.

Pr:xsroxs FOR OeR OLD SoLDIERs.
while the General Assembly at the recent session made some progress towards giYing assistance to the surviYing soldiers of the Confederate \Yar, yet the result falls far short of what this class of citizens desenes at the hands of the State. The ten per cent. raise that goes into operation in 1917 will be much appreciated hy them, but it is much to be regretted that it did not begin at an earlier date. In fact, I would be glad to see special authority given for a tax to pay these pensioners, to be separately levied ancl colleetecl in an amount sufficien~ to pay at least tv,-ice what they are now receiving. They are dying fast, but they still constitute a most striking and most interesting part of our citizenship. The prespnt generation owes these men this much, not only on account of the example of chivalry and bravery that they gave to their descendants in the war of ] 861-1865, hut berause of their steady adherence to principle and their unchanging conservatism in concluct, since then, making them a safe pattern for the young wherever they appear.
The Pension Commissioner has handed me a report, in which he says that, in making his estimate for the JWnsions of 1916, he made a considerable error of judgment, putting the figures far below the aetnal results. He is under the impression that the le!!islation, known as the Dart Bill, passed at the rerent session of your body, by which the annual pen-

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59

sions were increased ten per cent. as stated above, stimulated and excited a desire on the part of many of the old soldiers to get on the pension roll, and the consequence was that, when he had gone over the applications that were filed and allowed for 1916, he found 856 new applications. Besides this .J.5 applications were entitled to an increase each of $10.00, and 36 applications for totally blind pensioners, who were entitled to $40.00 were filed, making a total of $53,~50 in excess of the estimate which he sent to the Legislature at its summer session.
Owinp; to the fact that considerable sums came back to the Pension Office, on account of deaths and other results, the Commissioner finds that he has a balance on the appropriation of 1916 yet left amounting to $19,684-.00. If this amount is subtracted from the increase on the pension rolls, the total deficit will be found to he only $3'3,544.00 for 1916. On the same percentage of increase, the rolls for 1917 will reCJnirE> some $~~5,000.00.
These old men are entitled to this money-they have earned it hy exposure, hardship of camp life, anrl the dangers of battle. They have served their C'ountry well, and, in their old age, are entitled to its henevolenC'e. I ask you to take up their case and <'onsider well what remedy you can supply.

STATE BoARD oF HEALTH.
The President of the Georgia State Board of Health has re<'e>ntly <liscusserl in the public press the financial \:alue of the Board to the State, and th(~ needs of the Board at present. ~o doubt the mem-

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JocRNAL OF THE SENATE,

bers of the General Assembly are familiar with the points made.
The present annual appropriation for the department is $00,500. This amount is appropriated for the maintenance of the department and ''to prodde free serum treatment for the preYention of hydrophobia, diphtheria, typhoid fewr, meningitis, smallpox and tuberculosis; free analysis of the public and private drinking water, free bacteriological examinations for communicable diseases,'' etc.
By the practice of economy, the department has managed to build from its appropriation during the past few years a laboratory valued at $30,500.
The President of the Board has figured the services of the department to the State at large, and shows that the senices rendered during the year 1915 saved the citizens of Georgia not less than $97,434.50 in actual cash. In other words the work done by the department free of charge to the citizens would have cost them oYel." $97,43-!.50.
The department also carried along with tl1is work a series of educational bulletins and lectures of great worth to the citizens.
The President of the Board especially calls attention to the fact that the Legislature has not yet appropriated any funds for placing in operation the Vital Statistics Law which was introduced by Senator O.H.Elkin in 1914,and passed by the Legislature. ''A good Vital Statistirs Law, covering not only the birth and death rates of the State, but also recording the numerical prevalence and local existence of

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preventable diseases'' would, as the President points out, be of incalculable value.
The President of the Board and its Secretary have made a study of the operation of such laws in other States and inform me that this work could be carried on under the present law provided they can secure an appropriation of $15,000.00 annually.
The President of the Board also calls attention to the fact that no appropriation was made for the establislm1ent of County and District Boards of Health as provided for in the Act of 1914.
I would also call the attention of the General ~-\ssembly to the present salary of the Secretary of the Board. The salary of this officer was fixed in 1903 and is only $2,000 per annum. The duties of the office have greatly increased in "ork and responsibility, and the Board is having difficulty in keeping the present Secretary at the small salary, and cannot secure a competent man to fill his place at the amount the Board is allowed to offer. Consequently the President of the Board earnestly recommends that the Legislatu.re repeal the law which names the salary of the Secretary of the Board and place the fixing of the same in the Board, itself, to be paid out of the monies appropriated for the use of the Board. A slight increase in the appropriation might be necessary to carry out this plan.
The attention of tl1e General Assembly is earnestly directed to this subject.

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J OCRNAL OF THE SE)l"ATE,"

CARE OF THE IxsAXE.
The report of the Trustees of the Georgia Stat::> Sanitarium will be laid before you. lt shows that the white male department was last year filled practically to normal capacity. while the white female department and the two negro departments each had far more patients than the normal capacity warranted. The Trustees ask for new buildings to reliew the present situation and to proYitle for the gradually increasing population of the institution and for the enactment of certain legislation intemlecl to aid in more effectually performing the ohje(ts for which the institution was founded.
The estimated cost of the buildings requested by the Board of Trustees is $330,000, and the amount may be supplied as soon as the finances of the State will authorize the expenditure.
I am requested to present for your consideration the following recommendations of the rrrustees:
1. Prohihit the commitment to the Sanitarium of epileptics not insane, of harmless paralytics, of senile imbeciles, of criminals, and of feeble-minded mmors.
~- ~Iake it a misdemeanor for any person in charge of a patient to abandon said patient upon the Sanitarium grounds without the consent of the Superintendent or officer representing him.
3. Require that white female patients shall be accompanied to the Sanitarium by a white female attendant supplied hy the c.ounty committing, or by some member of the patient's family.

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4. jlake the course of training in the Sanitarium Training School for ~urses three years instead of two as now provided.
5. Give the Trustees power to fix the salary of the Superintendent as in the case of other officers of the Sanitarium.
G. )lake number of Trustees nine, terms s1x years, three to be appointed every two years.
7. Change name to Georgia State Hospital for the Insane.
It might be "Well that some legislation be enacted that will cause greater care in committing for lunacy. Out of 1,683 ne"W patients received in 1915 there "Were 105 found not to he insane. Besides the expense to the State caused by these careless commitments, there is a serious damage done to the patient by the error that should be g11arded against.

LocAL LEGISLATIOX.
About nine-tenths of the time of each session of the Legislature is devoted to the passage of local legislation. This legislation is important only to the community or special locality to which it applies. Under the rule of courtesy that obtains in the Legislature, the passage of these local measures is committed entirely to the immediate representativesthe member of the Senate, representing the district, and the member of the House, representing the county.
Unless there is some matter contravening the Constitution or affecting the public policy of the State, very few members of the House or Senate

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would attempt to interfere with the work of the immediate Representative~:; in these matters.
Fo1 some time it has been thought well to work out a plan by which the local legislation could be remitted to some other tribunal than the legislative bodies. The Superior Courts act in a legislative capacity in pas;;ing or granting charters. lt is believed that if the jurisdiction of the court;; could be extended so as to inclmle all matters affecting the county or locality-in contradistinction to matters affecting the State at large-giving them the right to prepare and pass on local questions of this character, subrnitting them in concrete form to the voters of the locality affected by the same, in those case::; where such submission is thought proper, the great expense of the legislative sessions could lw materially reduced and a much more satisfactory basis reached than that which exists today in the prevailing courtesy system of the Legislature. If the time taken up on local legislation can be utilized for State business, there will be much better work done in every respect by the Legislature; more time can he given to discussion, and the general result ought to be much better for the people of the whole State. The necessity for yearly sessions of the Legislature exists only, if at all, because of the pressure for local legislation.
If the system suggested could be inaugurate(1. there would be no longer need for yearly sessions of the Legislature, for it could attend to all the lmsiness and meet biennially. In this way, a great deal of the criticism of the body could be avoided and,

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G5

possibly, the State would reap considerable advantage, as well from the expense saved as from the nature of the legislation which could be prepared and passed.
.Many States are falling into the idea of biennial session. In some States, the Legislature's meetings are four years apart. A happy medium would be to have a meeting every two years, in order to examine into the various departments of the government, pass the legislation necessary for the whole State, and provide the means for carrying on the government efficiently and economically.
I earnestly urge that this matter receive your consideration at this session and, if you shall deem it sufficiently important, that a constitutional amendment be prepared to carry into effect the measure indicated, and that it he submitted to the people at the next general election.

ExGRossrxG AXD ExROLLIXG.
Although every business house of any consequence in the State, every law office that keeps abreast of the times, and nearly every county office in the State have discarded the old method of writing records and documents in long hand and installed the typewriter, yet our General Assembly has held to the old idea and still has its engrossing and enrolling clerks toiling away, writing with pen and ink the future laws of our State.
The typewriter would seem to be much more accurate than the long-hand and insure a printed copy of the laws approaC'hing more nearly to what the

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JocR~AL oF THE SE~ATE,

Ltgislature had really done than to have the printer h~, to decipher the long-hand "Writing of Yarious clerks.
The practical difficulty of reading a large number of hills written in long-han<l in the five clays allo"Wed to the GoYemor is another reason "Why it \'\ould seem well to employ the typewriter. ~-\great deal of nenons energy is wasted in the effort to understand the meaning of many lll"OYisions of the Acts which the GoYernor is required to reYise and sign.
It has heen snggeste<l also that the matter of space should he considered, for the type\uiter \\Oulcl not present so hulk~, an appearanee nor fill up so much of the filing space allo"Well to these matters.
~-\joint resolution "Would carry out the suggestion herein ma<le, and wonl<l relieYe the Clerk of the Honse and Seeretan of the Senate of a great deal of unneeessary labor an<l trouble, though the cost mip:ht not he materially change<l.

HIGHWAY CO:\Il\IISSIOX.
The perfecting, at your recent extraordinary session of the automobile tax measure, will bring to the front more prominently the subject of a Highway Commission.
Under the law taxing moto1 ~ehicles, something over $100,000.00 "Will doubtless be distributed to the seyeral counties, for the purpose of aiding in the repair of public highways. A portion of this money might be applied by some central board of authority having the power to regulate or direct the working of the roads. The sooner a uniform system is

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67

adopted as to these improYements the better will be the condition of the State in the matter of gooll roads.
SeYeral bills are pending in the Legislature on the subject, and I most earnestly recommend that the General Assembl~~ giYe its attention to perfect~ ing and passing some one of these measures, so as to meet the crying demand of the State. There is no \lay of estimating the importance of this suhjPct to our people.

DR"C"G ADDICTS.
The appropriation to the Board of Health, contained in the General ~\ppropriation Act passed at your extraordinary session is being used in the treatment of this unfortunate class. It was thought best to haYe these patients treated at the yarious hospitals in the Congressional Districts, and the matter is in charge of the member of the board fro111 each district.
The difficulty of securing admission into the es~ tablished hospitals compelled, however, the sendin~ of the patients to one or t"o rentral points, where they are being treated.

STATE "TAREHOUSE SYSTEl\1.
The committee appointed to draft a bill on this subject at the extraordinary session will doubtless report the result at your present meeting.
The subject is one which should command the sincerest interest and most careful attention of the General Assembly. The farmers urgently need this

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J OL"RXAL OF THE SE:~ATE,

help. It will not be confined to the proprietor or landlord alone. It takes into its scope the tenant class, also, and, if the bill should be properly frame(l, will bring relief to both, so that the land owner and the tenant may not he left at the mercy of the commission merchant or forced to dispose of the products of his farm at unremuneratiYe prices. It is said that some thirty-four States haYe alread; adopteel such a system, and it wouhl seem to be high time for the Legislature of this g-reat agricultural commonwealth to come to the relief of those of its citizens so greatly in ned of the same.
I trust your deliberations will eventuate in the production of a measure adapted to the needs of the present situation.

ToRRExs L-\XD TITLE S>:sTEl\I.
A commission was appointed at a former session of the Legislature to prepare a bill embodying the best method of carrying out the work of simplifying and perfecting our land titles in the State.
The intention was to }1l'ovide a machint>ry by whic-h the title to any real estate might be made absolute and certain by settling and adjusting, under appropriate legal proceedings, all claims, liens, or conflicting titles to the property, so as to forever set at rest the r1uestion of o\\nership.
This bill \\as introduced at your summer session, and is now pending in the House.
I call your attention to the subject; because it may become important in the perfecting of the 1\a-

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69

tional Rural Credit System, intended to give help to our farmers and the O\vners of real estate throughout the Commonwealth.
Yery little benefit can accrue from the Congressional .Act on Rural Credits without some such system.
:\Iany States have found relief in the adoption of some system like that which is indicated, and it would be well if the Legislature 1\"'0ulcl consider the same carefully, in order that the measure may be effective and the relief sought may be afforded the people.

FIRE IxsuRAXCE.
Section 147 of the Code of 1910 makes it the duty of the Governor to insure certain buildings of the State at one-half value, but makes no provision for contents.
If it is the policy of the State to have the insurance companies carry one-half the risk on the buildings, it would seem to be wise to cover the contents at least to the same extent.
I have heretofore called your attention to the fact that the Capitol Building carries no insurance upon it. )fy predecessors did not see fit to have it insured, as it was believed the Capitol Guard would make it secure. In )larch of the present year, a policy of twenty-five thousand dollars was taken out upon the building, but this is so much below fifty per cent of its real value that the insurance companies are threatening to cancel the same.
I would be glad to have action by the General

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J OT:RNAL OF THE SENATE,

Assembly, either exempting the Capitol Building from the operation of this law, or specifirally requiring this insurance. Three small fires h<we occurred in the Capitol since my inauguration; the first in September, 1915; the next in .January, 1~16, and the last in April, 1916. The losses aggregated less than $1,000.00 in all three fires, and were rovered by the insurance already carried. Following these fires, I secured special inspections by the State Fire ~farshal and by representatins of the fire insurance companies. Both the Fire ::\[arshal and the fire insurance representatives have recommend('d that a sprinkler system be installed in the building, that the electrical wiring throughout the Capitol he thoroughly overhauled and modernized, and that tlw wooden partitions in the has('ment he either !'{'moved and replaced with fire-resisting materials; or the hasement abandoned as the place of storage of documents and other inflammable materials. Other regulations -were suggested, wl1irh are being carried out. Those enumeraterl, however, require expenditures far beyond the appropriations available; so they are referred to the General A~ sembly for such action as in ~-our judgment seems wise.

CoMPT:LSORY EnDCATION.
There are only two States in the Union-Georgia and Mississippi-that have failed to enact some kind of compulsory attendance law in matters of education.
Last year 160,630 children in Georgia, of sehool

71
age, did not attend school a single day. Georgia is fifth from the bottom of the States of the Union in the percentage of illiteracy among her inhabitants. This percentage is :W.7. Only Arizona, Louisiana, }fissis~ippi and South Carolina, have more l)ersons ten years of age and upward who cannot read and 'nite within their borders. while the percentage of negro illiteracy in Georgia is 36.5, yet her white illiteracy is 7.8. This is above the general <Werage of the whole United States, including white and colored, and the white is 2.7 aboYe the average illiteracy of that population.
To remove this reproach, our sister States-except }lississippi-baye passed a compulsory education law.
Superintendent Brittain declares, in his report to the Legislature this year, that the reason Georgia has fallen behind in this reform is that, although normally democratic, education was actually aristocratic here until a recent period. It is true that a large class of our citizens-both before and after the war-was opposed to the idea of common schools. .While the first State University was established in Georgia and large means expended in building and opening academies, yet the idea of educating the people at the public expense had in it "a flavor of pauperism'' that the people did not like. Besides, it was felt that, to force the child against the parents' will to attend school, was an infringement on personal rights. It was believed, in these early days, that the church should do the educating and not. the State. All the progress of the age since the found-

JouRXAL OF THE SENATE,
ing of the Colonies has not been sufficient to put these ideas out of the minds of many of our citizens. But, aboYe all, our people "~ere held back b~~ reason of a fear of the result which compulsory education might. haYe on the colored people. \Ye lw.ve been cutting our noses off to Sl)ite our faces long enough, in this regard. Other States have P-olved the prohlem, and certainly Georgia can do likewise. Eduention eleYates, ei"dlizes, tends to rhristianize, and surely, therefore, to make hetter citizens, in a selfgoYerning State.
I hope the present Legislature will pass n law self-executing, so that the reproach of our Stat<' may soon be taken away and she can reaeh the point in intelligence to which her people are justly entitled to aspire.
There is a splendid bulletin issued in May, 1rn 6.
by the "Cniwrsit~- of Georgia, edited hy Professor Harold D. :Me~er, to which I respeetfully call the attention of tl1e General Assembly. I understand that copies of this hulletin han' heen sent to each member of the body.
I wish, also, that the Legislature would adopt the suggestion of Superintendent Brittain and authorize an illiterac~- commission, as was done in Kentucky and other States.
I have said there is a great revival going on in Georgia in educational matters. l\fan~- counties are preparing to celebrate, with proper cli;;play and reremon~~, the extinrtion of illiteracy within their
bounds during the present year. If the Legislature would estahlisl. such a com-

\YEDXESDAY, J"L~E :28, 1916.

73

mission, a spirit of riYalry could be engendered between the counties, and it would not be long before the poor children living in the country would be placed on the same footing with the children in the city-every young boy and girl would be 6>iven a fair chance, and illiteracy soon be entirely abolished from our bounds. The commission crmld deal with existing conditions and bring to bear the necessary persuasion, suggestion and admonition, to JH'OYide instruction for those beyond school age, teaching them the rudimentary elements of the common schools.
In the report of Superintendent Brittain will be found the draft of a bill to carry into operation hiR idea of compulsory attendance, as weJl as of an illiteracy commission. I earnestly recommend the same to your consideration.
If a good system of compulsory education can be provided for the State, then it would be well to haYe the entire school laws codified, revised and rearranged. }[any necessary improvements should he made to meet the progress of the day, and a thorough and complete code of the school laws should be published for the benefit of the school authorities throughout the State. In this connection, I think it would be well for the Legislature to increase the salary of the Superintendent of Public Schools, for the little sum that he is now being paid-a survival of the economic ideas of those who made the Cmstitution of l 877-is a reflection on the good name and intelligence of this State. It is only $2,000.00-a wr-r_ J)OOr pay for a good clerk in these times. His <hties

74:

Jo"C"RKAL OF THE SExATE,

and powers should be widened, so that he can take the place in our system that belongs to his office.
In case a compulsory attendance l:aw should he passed, I commend to the attention of the Legislature the suggestion of the State Superintendent of Schools concerning the purchase and issue of free school books to the children. As we force the ehildren of needy parents into the schools, it would seem right that the State itself should furnish the
books necessary for the instruction required. A.
great deal is being said throughout the State ahout the propriety of the State attempting to print her own school books. It might be advisable for the Legislature at some future time to test this course in order that the State may ascertain for itself whether or not the cost could be diminished while maintaining the same quality of text-books now lH'ing used.
But aside from all this, the matter of furnil'hing school books to those who are unable to purclwsP the same is of great importance in the carr~ing ont of a compulsory attendance law, and I think a portion of the money appropriated each year should })(> applied in supplying this necessary want. If the State appropriations for common schools could lw properly supplemented by county taxation, it would not be long till the hopes of our educators, Poncerning the progress of our State, on these lines, won](] he abundantly realized. A constitutional provision would he necessary if this end is to he securPcl. It l'honld fix a minimum, hut leave it to the discretion of the county authorities as to the rate in the leYies.

\YEDXESDAY, .JUXE 28, 1916.

75

APPROPRBTIOX FOR THE GEORGIA STATE FAIR ~-'\ SSOCIATTOX.
The president of the State Fair Association has 1\ritten a letter concerning an appropriation from the Treasury for certain purposes set forth in the letter, which I append to this message.
An appropriation direct to the Association might come in conflict \Yith the Constitution, hut the relief could be granted through the .Agricultural Department, if the Legislature thought fit to recognize the justice of the claim. It might be made in this way, or in behalf of some agency working for the Agricultural Department. .A strong argument can he made in behalf of an appropriation of this character. It would be something in aid of the farming and manufacturing interests, and might result in great good to the State, as well as to the interests concerned.
The matter is presented for your attention and for such action as you see fit to take.

PROHIBITIO~ LAws.
The very rigid statutes enacted at the extraordinary session of the Legislature against the sale and manufacture of liquors have been in operation nearly ti\o months "iti1in the State. A marked result for the better has followed; bank clepo~its han largely increased in all the cities; the merchants are selling more goods to customers; there is more_ work in progress, and a general improven;ent I1as;

76

JouRNAL OF THE SEKATE,

resulted in nearly all Jines of business throughout the State.
The law is being well enforced, and there seems to be a disposition to giYe the statutes a fair trial in every locality. Both the municipal and Statt' authorities have been nry vigilant in detecting and arraigning the violators of this law, and the jmi0s, so far, have shown a much greater disposition to ronYict the guilty offender than ever hefore. ff this result should continue, the State will soon he rrdeemed from the reproarh of lawlessness, for crime' has been decreasing in eYery dirertion. The ronrts have had less business than was C'Yer known in (']'iminal circles.
Liquor drinking is the parent of crime and suffering. \Yhatever lessens the fornwr will derrea:;.:e the off-spring.
The operation of the lOth and llth Rections of the anti-shipping law places a great deal of work upon the Courts of Ordinar~ of the State, for whirh no compensation is provided.
I respertfully suggest that the Jaw he amC'nc1ec1 so as to fix a suitable eompensation for the Orc1inaries of each county for filing the statement of f'arh shipment of intoxicating beverages required to he pJaeed in his office, under the provisions of the aforesaid Act. The compen!'.ation should be paid by tlw
carrit>r or other person whose duty it is to file thC'
same. In adrlition to this amendment, the 1Gth and 17th
Rections of the same Act should rereive your attention. By the provisions of the 16th Section it is

\YEDXESD.n-, .TrxE :28, HllG.

77

made unlawful for any person to ship more than one gallon of vinous liquors, or six gallons of malt liquors, or two quarts of spirituous liquors, at one time. The word "or," under a rule of interpretation sometimes adopted, has been construed by men of undoubted legal experience, who were representing common carriers, to mean "and" so that tl1e indiYidual, it is contended, can ship at one time, or in one lot, all of the liquors mentioned in ~aid section. It was undoubtedly the purpose of the Legislature to restrict the shipment to only one class at a time, and, to make this certain, amendment should he immediately prepared and adopted.
The amounts allowed to be shipped under this section probably ought to be reduced. The first month, it has been stated, showed more than 80 per cent. of the shipments were to colored people. I ask your attention to this matter.
And now, in conclusion, I think the General .-\s~ sembly is entitled to be congratulated on the passage of the four prohibition laws that are now in operation in the State. In the inaugural address, as well as in the message that followed, I called your attention to the fact that the law against the sale of intoxicants in Georgia had practically failed. The violations of it "\Vere so numerous and the prosecutions that were constantly resulting gave rise to a great unwillingness on the part of the ;urors :=mel the courts to punish the offenders under the same.
The people of Georgia believed that the prohibition law was entitled to a fair trial, and that it was not getting this under the statutes as they tl1en stood.

J UCRXAL OF THE :-iE~ATE,
1 our body matle diligent effort at the summer ses::;ion to pass :o:ome of these laws, but, meeting with strenuous opposition, you resorted to the method of adjournment \Yithout the completion of your l'iork, so as to compel an extra :o:es~ion. In doing so you, of
conr:-:e, trusted to the ExecutiYe, making him respon-
sihlc for any failure after your great sacrifice.
The call was hacl, alltl prohibition was included, aml, after a reasonable time, you were successful in the effort to pass the laws which were duly signed ancl nre nol'i- upon the statute books.
The honor of Georgia is pledged for their enforcement, aiHl the result has been all that could be reasonahly e:'\pected up to the present time. The following reports haYe heen receiYecl from the muni<'ipal tribunals of the ~everal cities where the former effort at enforcement had been least successful. The resnlt is given yon in detail:

ATLANTA POLICE RECORDER.
191.5. Total arrests for month of ~1la~ .......................... l,:HJ9 l~t to 24th ins. for month of June ........................ 1,167

1916.

Total arre~ts for month of :\fay .......................... 1,511
1st to 24th ins. for month of .Tune ........................ 1,135
The arrests for :\fay and June intlude 489 for offenses against the ne\Y traffic ordinances, which include "Jay \\' alking" and ~imilar Yiolations.

Drunks for :\1ay, 191.5

243

Drunks for :\fay, 1916

]()f\

.June lst to 24th, inc.

171

June 1st to 24th, inc.

137

\YEDXESDAY, .Jc:\E :28, J91G.

79

COLUMBUS RECORDER'S COURT.

1915. Total arre~ts for months of ~Ia~ ht. to .June ~-th. inc. . . . . . . 9;)5

1916.

Total arrests for months of ~lay 1~t to .June ~-th. inc.

G37

Drunks, :\lay 1st to June :?-lth, inr., 1!11;) . . . . . . . . . . . . . . . . . . 3~0

Drunks, :\Iay 1st to .Tune :?-th. inc., 1!H6 .................. 1:>3

AUGUSTA POLICE DOCKET.

1915. Total State cases from :\Ia~- 1st to date . . . . . . . . . . . . . . . . . . . . ~90 Total city Yiolations :\Iay 1st to date ...................... 1,-38

1916.

Total State cases from :\lay 1st to date

198

Total cit~- rases from :\Iay 1st to date

GS5

RoME RECORDER's CovRT.
1915. All offenses, }lay 1st to ,June 19th, inclusive____ 303 Cases clue to drinking, }lay 1st to June 19th, inc. 8:3
191G. All offenses, }lay 1st to June 19th ____________ :220
Cases due to drinking, }lay 1st to June 19th____ 38

:MACON RECORDER's CouRT.
191 ;), Ma~~, drunk -------------------------------- 115 1Iay, disorderly ---------------------------- 132 .June, 1st to 15th, drunk _____________________ 49 .Tune, 1st to 15th, disorderly__________________ 5D

so

JoL:RKAL OF THE SE)<ATE,

1916.
Alay, drunk -------------------------------- 19 ~lay, disorderly ---------------------------- 67
June, 1st to 15th, drunk _____________________ 20 .June, 1st to l:Sth, disorderly _________________ 52

SAYA)<~AH RECORDER's CouRT.
1915. Drunk or drunk and disorderly, :\Iay _________ 9:~ Disorderly conduct, ~fay ____________________ 255
Drunk or <hunk and disorderly, June 1st to 20th 78 Disorderly conduct, June 1st to 20th __________ 248
1916.
Drunk or drunk and disorderly, :\lay__________ 15 Disorderly conduct, ~lay ____________________ 124Drunk or drunk and disorderly, June 1st to 20th 11 Disorderly conduct, .Tune 1st to 20th __________ lOG
The reports from this city show the number of arrests for all violations of city ordinances in 1915
amounted to 905, and in Hll6 to 511, during the
month of :\lay; and from .Tune 1st to 20th, in 1915, the total arrests -were 841, and, in 1916, for the sRme period, the total arrests -were 288.
The total number of arrests for drunkenness or
disorderly conduct from .June 1st to .Jnne 20th, in-
clusive, for the past three years are as follows: 1916, 26; 1915, 177; 1914, 227.
The mayor of Savmmah, in a letter to the Execu-
tive, says:

81
"It is inte1:esting to note the number of arrests for drunkenness or drunkenness and disorderly conduct on Sundays.
''For the period ~Iay 1 to June :20, inc., they have been for the three years as follows: 1916, 12; Hl15, 80; 1914, 96.
''In a considerable measure the arrests on Sundays resulting from drunkenness appear
clue to the consumption of liquors outside of
the corporate limits of the city.
"One thing, I am sure, that will attract your attention is the great falling off in the number of arrests for all causes, including all violations of the various city ordinances that have not the remotest connection wit:l the ~:tie or use of liqunrs. From ::\Iay 1 to .Junc 20, 191 G, the total arrests were 799, apainst 1,7-6 for the i"Pme period of 1015 rmd 2,03~ for the same 11eriocl of 1914.
"I attribute this to the fact that the enforcement of the new State laws against liquor inevitably breeds respect for all other laws, whereas failure to enforce such laws creates disrespect for other laws. The fact that from ~Iay 1 to June 20, "'ith the police vigilant in every direction, the number of arrests for ever~, sort of offense ;vere less than forty per cent. of what they were two years ago and less than 46 per cent. of what they were last year for the same period, is a development of law enforcement and the effects of the closing of saloons that cannot
fail to impress itself on every thoughtful
mind.''
The men of your body who stood up and fought
'or these laws will deserve to have their names car-

82

JouRXAL OF THE SEKATE,

ried in the future history of your State. So far as I am concerned, I would be glad if every one of you -those who opposed as well as those who resisted the laws-should be returned to the next Genera1 Assembly. It would be a happy thing if there could be placed in the archives or upon the corners of the Capitol Building, cut in bronze and marble, the names of all the Legislators that sent these la-ws
out as the offering which they gave to their con-
stituents for virtue, for sobriety and correct living. The happiness of millions of people will hang on these laws for the future. 'l'hey deserve to be carefull~- tried and sternly enforced. I can promise you that so long as I am in office there shall no amendment he made to them which I can prevent, san~ to strengthen them or more directly fit them for hringing about the condition that ~-ou have intended hy their passage.
The man who denominates the 11rohihition sentiment of our State as onl~- "hysteria," knows ven little of the circumstances or surroundings of the people concerned, and certain!~- less of their temper or resolution.
The need for this legislation ~rows out of our social environment. Two antagonistic races are living in the South side b~ side, utterly separate and di,erse, with the strongest race prejudice that was ewr developed in the history of the world-perhaps an irreconcilable prejudice-widespread and easil~ provoked to open hostility. One of these rarPs, hut lately emerg<'d from barbarism, has longings that ran never he gratified and hopes that can never be

\\'EDXE::;DAY, .Jexr: :28, 191G.

83

realized under existing circumstances in the American Xation.
Liquor arouses the dominant feeling of race hatred, deadens all sense of responsibility-either to law or to humanity-and, if its use were not controlled, woul(l inevitably bring about anarchy and race war in our midst at an early date. Prohibition is self-protection; it is the last hope of the two races -to preserve harmony and maintain peace in their midst.
\Yith these views, gentlemen, and with a firm relianee upon the help of the unseen Creator, I give the business of the session into your hands.

Governor.

84

JouRNAL OF THE SENATE,

EXHIBIT.

~lAcox, GA., June ~3, lDlG.
Hox. XAT E. HARRis, Gorernor of Georgia.
~I Y DEAR GoYERXOR: I belieYe I express the sentiment of the farmers of Georgia, irrespective of section, when I ask you to incorporate in your message to the Legislature a recommendation that thv State make an annual appropriation of at least $lfi,OOO.OO to the Georgia State Fair Association.
On Yarious occasions the State has made appropriations to fairs and exhibits outside of the Statt>. notably $30,000.00 each to St. Louis, .Tamestown and Chicago. .Although Georgia captured premiums a!: sonw of them on ha~-, s~rup, etc., demon:::trating Georgia's high class procluds, very few Georgians Yisitecl these fairs, or received any benefi.t from them. \Ye are asking only one-third of the amount for fairs that are held in our own State, in easy reach of farmers and others eYen from the most remott> eorners.
This moue~ \Ye are asking is to he devoted to the one purpose, that of benefitting our own people, using it for premiums. thus not only encouraging agriculture, hut diYiding the mone~- among the "inners of premiums for Georgia products.
As you know, premiums offered by the State \Yill be rt>garcled as of higher Yalue than those of tht> association, or even of individuals, and in consequenee the competition for them will be greater and more ;;;pirited. They will be considered the highest and most valuable premiums that can be offered.
In these clays "hen ewrything is being done to

85
make the farms more attractiYe for the young people, to induce them to remain on the farm, and to prove to them that there is both profit and honor in tilling the soil, and when for this purpose corn and canning clubs are being organized and encouraged, the offer of State premiums can not fail to prove its worth as an incentive.
In my opinion everything should be done, especially hy the State, to counteract the lure of the city for the young 1wople on our farms. An annual appropriation by the State for State Fair premiums \vill do more along this line than any other, certainly more than the ordinary premiums can do.
~ot only will the appropriation help the Georgia farmer in sustaining the State Fair, hut will pron a blessing by encouraging the boy and girl to raise crops of their own, and prove to them that while tht. cit~- has its allurements the farm insures what thP city cannot always do-a splendid independent livmg.
These are crude thought:", m~ dear Governor, but I know you will agree with me that they are true. \Yith the labor problem confronting us, with the cit.\ multiplying its attractions, something must he dom to make the farm as attractive as possible for the ~01mg-. Special State premiums, in addition to the nsunl fair premiums, will proYe a !"trong incentin~ to dig a living out of Georgia soil.
\Yith high personal regard, I am, yen trul~- yours, .Txo. T. \VrLLIA~1S.

8G

Jol:RXAL OF THE SE~ATE,

At the conclusion of the delivery of the J the joint session was, upon motion, dissolvec
rrhe Senate returned to its chamber ~ called to order by the President.
The hour of adjournment having arrived ate adjonmed until tomorrow morning at 1f

87
SE~ATE CHAl\IBER, ATLAXTA, GA.
Thursday, J nne 29, 1916.
The Senate met pursuant to adjournment at 10 o 'clock, A. ::\I., and wa,:; called to order by the President.
Pra:er was off0r0cl by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
By unanimous cons0nt the reading of the Journal of :esterday's session "as clisp<'w;ed "With.
B: unanimous consent the follo"ing Senate Bill \Yas "ithdra\\n from the Committee on General Judicil'!r~, read the second time, and ordered recommitted to said committee, to "Wit.:
By ::\Ir. 2\IoonA hill to change the time of holding the Superior
Court of Troup Count:.
The following resolution was read and adopted, to wit.:
I': :;\fessrs. Stonll and BonnerA resolution requesting the House of Hepresen-
tatiYes to return to the Senate Senate Bill No. 35 by Messrs. Stovall and Bonner, a bill to provide for compulsory 0ducation.
The follo"Wing joint resolution was read and adopted, to wit.:

88

J OUR:NAL OF THE SENATE,

By :\Ir. HarrisonThat when the General Assembly adjourns on
Friday, the 30th of June, it stand adjourned until 11 o'clock, A. :\I., on \Yednesday, July 5th, 1916.
The following House hills were taken up for the purpose of insisting on the f-lenate amendments, to wit.:
By :\Iessrs. Shuptrine, :\Iyrick and .Tackson~\ bill to amend ~\rticle 1, Section ~' Paragraph 2
of the Constitution of this State, so that the General Assembly may exempt from taxation ships and vessels engaged exclusively in foreign commerce.
L"pon motion the Senate voted to insist on its amendment to said hill.

By :\Ir. Stewart of CoffeeA hill to abolish the office of County rreasmer of
Coffee County.
l~pon motion the Senate voted to insist on its amendment to said hill.
The following House bill was taken up for the pmpose of ordering the appointment of a Confen"nCP. Committee upon said hill, to wit.:
By :\fr. Beck of :\IurrayA bill to aholish the Board of Commissioners of
Roads and Revenues of ~Iurray County.
:\[r. Goolsby of ~8th District moved that the President of the Senate appoint a Conference Committee upon this hill, which motion was adopted.

TH-uRSDAY, J "G='l"E 29, 1!116.

89

The President appointed the following as ,the Conference Committee upon said hill:
:\Iessrs. Goolsby, Thomas and Carlton.
:\Ir. :\loon, of 31th District, Chairman of the Committee on General .Judiciary, submitted the following report:

1llr. President:
Your Committee on General Judiciary has 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 pass, to wit.:
A bill to rearrange the Dublin and Ocmulgee J udicial Circuits by taking the County of Wilkinson from the Ocmulgee Circuit and adding said county to the Dublin Judicial Circuit.
Respectfully submitted, E. T. Moox, Chairman.

The following House bill was taken up for a third reading:
B.\ Mr. \Vohlwender of :\IuscogeeA bill to amend Section 4864 of the Code of Geor-
gia.
The report of the committee 'vas agreed to.
"Cpon the passage of the bill the ayes were 34, nays 0.

90

JOGR::\TAL OF THE SEXATE,

The bill, haYing rereiYed the re11uisite constitutional majority, was passed.
The follo"ing resolution was read the first time to wit.:
B~ :Jlr. ThomasA resolution releasing J. H. \Yestberry, Sr., as
seturity on a criminal bond.
Heferred to Special Judiciary Committee.
The following Senate bills were read the first time, to wit.:
B~ :Jfessrs. Bumside and Pickett of 11th District~\ hill to proYide for the assessment, giving and
approYal of supersedeas honds in this State, in certain criminal cases.
Refe1Te1l to General Judiciary Committee.

B~ :Jlr. BoykinA bill to amend Section 4000 of Vol. 1 of Code of
1910.
Referred to General Judiciary Committee.

By l\Ir. :Jiangham..A bill to repeal an Act approved August 14, 1909,
to establish a system of public schools in the town of Hiram.
Referred to Education Committee.

By Jlr. LawrenceA bill to amend Section 1534 of the Code of
Georgia.

91
Referred to General .Judiciary Committee.
The following Senate resolution was read the second time and adopted, to wit.:
By ~Ir. Akin.:\. resolution proYiding that the Compiler of State
Records be authorized to accept on deposit for safekeeping in his office at the Capitol, any historical records, owned or collected by the Georgia Chapters of the Daughters of the American Revolution.
The following Senate hill IYas tabled, to wit.:
By 1\Ir. PersonsA bill to amend Section 96 of the Civil Code in
reference to tax on certain classes of peddlers.
The following message was received from the House through ::\Ir. Boifeuillet, the clerk thereof:
Mr. President: The Honse has passed by the requisite co-nsti-
tutional majority the following resolution, to wit.:
A resolution for appointment of a joint committee, to which committee shall be referred all proposed legislation in connection with the controversy between citizens of Xorth Georgia and Tennessee Copper Company.
The House has adopted Senate Resolution )Jo. 72, to wit.: Requesting that the House return to Senate, Senate Bill Xo. 35. Said bill is herewith returned with this message.

92

J OUR~AL OF THE SEXATE,

The House has refused to adopt Senate Resolution Ko. 71, to wit.:
A resolution proYiding for an adjournment of the General Assembly from Friday, June 30th to Wednesday, .July 5th, 1916, at 11 o'clock, A. :\I.
The follo\Ying Senate hills were read the third time, to wit.:
B~- ::\Ir. AkinA bill to empo"er the State Superintendent of
Schools and the Attorney-General to codify the sehool laws.
The report of the committee was agreed to.
P pon the passage of the bill the ayes "'ere ~8, nays 0.
The bill, haYing receiYed the requisite constitutional majority, was passed.

By ::\Ir. LawrenceA bill to amend an Act to regulate the return and
assessment of property for taxation.
The Committee on Finance offered the following substitute to the foregoing bill:

A BILL
TO BE EKTITLED AX ACT to amend" An Act to regulate the return and assessment of property for taxation in this State and for other purposes" approved August 14th, 1913, by authorizing the Board of County Commissioners or Ordin-

THT:RSDAY, JT:~E :29, 191G.

93

ary in counties having a population of not less than 75,000 and not more than 100,000 to pay the tax assessors and their secretary on other than a per diem basis; to enlarge the duties of the secretary by permitting the tax equal~zers and secretary of said board to meet at such time or times as may best promote the purposes for "hich they were appointed, and for other purposes.

SEcTro~ 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section Four of the abon described Act, be and it is hereby amended hy adding at the end thereof; ''Provided, that in counties having a population of not less than 75,000 and not more than 100,000 the members of the Board of Tax Assessors shall receive such other reasonable flaily, monthly or yearly compensation as such county commissioners or ordinary may determine."
SEc. :2. Be it further enacted, That Section Five of said Act be, and it is hereby, amended by adding at the end of said section the following: "Provided, that in counties having a population of not less than 75,000 and not more than 100,000 said secretary shall discharge such other duties as may be required of him by said board, and shall receive such other daily, monthly or yearly compensation as such county commissioners, or ordinary may determine.''
SEc. 3. Be it further enacted, That Section Six of said Act be and it is hereby amended by adding at the end of said section the following: "Provided,

Jol:RXAL OF THE SEXATE,

that in counties haYing a population of not less than 15,000 and not more than 100,000 the said Board of County Tax ~\ssessors may meet at such other times <luring each year as will, in their opinion, best promote the purposes for "hich they are employed."
SEc. 4. Be it further enacted h~ the authority aforesaid, all laws and parts of laws in conflict be, and the:; are, hereh~ repealed.
~lr. Boykin moYes to amend the sub"titute by striking the words and figures ''and not more than 100,000" whereYer they appear in the caption and bod~ of the hill.

The amendment to the snhstitute was adopted.

The substitute, as amended, was adopted.
The report of the committee h~ substitute, as amended, "as agreed to.
l~pon th~ passage of the hill by substitute as amendell the a~es and na~s were onlered, awl the Yote W<lS as follo\\s:

Those voting in the affirmative were ::\Iessrs.-

Adams, J. 0. Akin, L. R. Bonner, T. B. Boykin, H. A. Burnside, J. B. Carlton. .T. A. Dobbs, E. P. Eakes, W. J. Fagan, T.V.

Gillis. X. L. Harrison, W. T.
Hol<len, .Tno. F. Lawrence, A. A.
::1Iangham, :r. J.
:\Tinter, C. C. :\fonn, E. 'f. :\IcLaughlin, B. F. Paulk, Geo. A.

Paulk, M. J. Pickett, Roscoe Smith, E. J\f. Thomas, J. R. Tison, :\lark \v alker, J. D. Way, J. B. wren, \V. J.

Those voting in the negative were Messrs.-

Bailey, L. S. Buchanan, W. A.

Callahan, J. W. Goolsby, B. F.

Harbin, T. W. :\fcCrory, C. R.

THl::RSDAY, .JUXE 29, 1916.

95

:llcFarland, J. R. Peacock, Z. V. Pickett, D. C.

Stovall, A. S. J. Tra<>y, C. C.

Trammell, J. R. Turner, T. R.

Those not voting were :Messrs.-

Fletcher, H. l\I. Haralson, Pat

Ransom, W. M.

Ward, C. A.

A~es 26, nays 13.

The hill having received the requisite constitutional mnjority was passed by substitute, as amended.

By ~Jr. Akin...-\. bill to amend Hection 5545 of the Civil Code of
1910.

The report of the committee, which was favorable to the passage of the hill as amended: was agreed to.
Cpon the passage of the bill as amended the ayes were :27 and nays 1. The bill, having received the re<1uisite constitutional majority was passed as amended and the amendments were as follows:

Amendments to Senate Bill No. 42:
The committee amends by str'ikling out all of Section Two in said bill after the word "Court" in the fourth line of said Section Two, and inserting in lieu thereof the following: ''except only reasonable attorney's fee for protecting the creditors of the defendant. Provided, if the bill should fail for any cause, then no attorney's fees shall be allowed for the filing of said bill."

'96

J Ol.~RKAL OF THE SE="ATE,

The committee mon's to amend by striking word "FiYe" in Section One, line 13, between the words ''least'' and ''days'' and in:-:erting in lieu thereof the word "three".
B~ :\Jr. Bo~~kinA hill to create the office of Supen-isor of C<?un-
ty Officers and Count~ Heconls.
The report of the committt>e, IYhich was fayorahle to the passage of the bill, was agrt>ed to as amended.
l:pon the pnssage of the hill the a~es \\ere 31, nays 0.
The bill, luning recein'd the H'lluisite constitutional majority, was pnssed as mnencled and the amendments were as follows:

.Amendments to Senate Bill Xo. H5:
By :\Jr. CroryProYided, That said books shall not exceed the cost
of similar books now in use.

By I\Ir. TurnerAmend by adding at bottom of Section Four the
following: All books, deeds ;mel other supplies used by said county officers be purchased by the SuperYisor from time to time as needed, he being so advised b~~ said county officers, the counties to get said supplies and hooks at same cost as State.
:\Ir. Boykin of the lith mows to amend:
''Amend Senate Bill Xo. 95 as follows: By re-

TRCRSDAY, JUNE 2~1, 191G.

97

numbering Section Ten (10) and making it Section Jl, and inserting in lieu of Section Ten (10) the following:
"Pe it further enacted b~ the authority aforesaid, That Supervisors of County Officers and County Records shall, after an inspection of the records have been made as required by the provisions of this bill, furnish to the clerks of the Superior Courts, or the Superior Court of the county Yisited, a copy of his investigation, which is to be furnished annually for the assistance of the grand jury in inYestigating the books and records of the various county officers of said State.''

By -:\Ir. BoykinA bill to amend Section GOG, of Criminal Code of
1910.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
Upon the passage of the bill as amended, the ayes were 21, nays 0.
The bill, having receind the requisite constitutional majority, was passed as amended, and the amendments were as follows :
Add at the end of Section 1: Provided, further, single mesh nets (commonly known as stake nets) from four to six inches mesh, the length not to exceed twenty-five yards, may be used each day as a stake net, between the first day of January and twentyfifth day of }farch. Provided, further, it shall be

98

.JouRNAL OF THE SENATE,

unlawful to catch or kill any species of shad between the :25th day of -:\Iarch antl :31st day of DecPm ber of each year, in an~ of the waters of the f.itate of Georgia.
The following Senate hills were tabled, to wit.:
By )Ir. Lawrence.\ hi II to amentl Section 2 of Article G of the
Constitution of Georgi<~.
Ry )fr. Ransom.\ hill to compel eneh father or guanlian to fur-
nish children under his care with neeessar~ food, clothing, etc.
By )Jr. DobbsA hill to amend Section 26:32, Vol. 1 of CiYil Code.
Tl1e following Senate bill was rend the second time, to wit.:
Fy )lr. TurnerA hill to rearrange the ])uhlin and Ocmulgee Ju-
dieial Circuits, hy taking from the Ocmulgee Circuit the County of wilkinson and adding said county to the Dnhlin Circuit.
The following Senate bills were withdrawn from the Committee on Constitutional Amendments, read the second time, and ordered recommitted to said committee, to wit.:

B~- )lr. PeacockA hill to amend .-\rticle 5, Section 1, Paragraph 3
of the Constitution of Georgia.

THrRsDAY, JrxE 29, 1mG.

99

By :Mr. Peacock-
A bill to amend Article 5, Section 1, Paragraph 2 of the Con:;:titution of Georgia.

By }Ir. Peacock-
~\ hill to amend Article 3, Section -!, Paragraph a
of the Constitution of Georgia.

B~ }fr. Peacock-
A hill to amend Artirle 3, Section -!, Paragraph G of the Constitution of Georgia.

Br }fr. Peacock.:\ hill to amend Article 3, Bection ~l, Paragraph 1
of the Constitution of Georgia.
The follo\\ing- resolution of the House was taken up and adopted, to wit.:

By Mr. Fullbright of BurkeA resolution proYiding; for the appointment of a
joint committee, to which shall be referred all proposed legislation in connection with the controversy bet\Yeen citizens of Korth Georgia and Tennessee Copper Company.
The President appointed the following as members of the committee on part of the Senate, to wit.:
}iessrs. Lawrence, Callahan, Eakes, Pickett of 11th District, and Smith.
The following resolution was read and adopted, to wit.:

100

JouRNAL oF THE SENATE,

By ::\Ir. WalkerThat when the Senate adjourns Friday Ju
lmG, it stand adjoumecl until Monday, ~ 1H1f1, at 11 o'clock, A. ::\I.
L'pon motion the ~enate adjourned until row morning at 10 o' clock.

FRIDAY, .rrxE 30, 1916.

101

SE~ATE CHAMBER, ~\TLANTA, GA.
Friday, June 30th, 1916.
The ~enate met pur:mant to adjournment at 10 o'clock, ~-\. ~I., and was called to order by the President.
Prayer \vas offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the ieading of the Journal of yesterday's session was dispensed with.
)lr. Smith, of 3-l-th District, Chairman of the Committee on Constitutional Amendments, submitted the following report:
Mr. President: Your Committee on Constitutional Amendments
has had under consideration the following bills of the Senate and instructed me as their Chairman to report same back to the Senate with the recommendation that same do pass:
By Mr. Gillis of the 16th District~o. 103. A hill to be entitled an Act to amend
Paragraph 2, Section 1, Article 11, of the Constitution of Georgia, being an Act to create the new County of Treutlen, etc.
By ::\lr. l\foon of the 37th DistrictKo. 15~). X bill to be entitled an Act to amend the

102

JoFRXAL OF THE SEKATE,

Con~titution of the State of Georgia, by repealing Paragraph 1G, Section 7, Article :~ of the Constitution of Georgia, and inserting a new section prescribing that no local bill shall he introduced in the General Assembly and authorizing the General Assemhl~ to proYide for snch matters, etc.

B~ ::\Ir. Peacock of the 1-:1-th DistrictXo. 218. A bill to he entitled an Act to amend ~-\.r
ticle 5, Section 1, Paragraph 3 of the Constitution of Georgia and for other purposes.

B~ ::\Ir. Peacock of th~ Hth DistrictXo. ~Hl. A hill to he entitled an Act to amend
Article 5, Section 1, ParagTnpb 2 of the Constitution of the State of Georgia, etc.

::\[r. Smith, of the :Hth District, Chairman of the Committee on Constitutional Amendments, submitted the following report:

J1 r. Pre:;ident: Your Committee on Constitutional Amendments
has had under consideration the following bills of the Senate, and instructed me as their Chairman to report same hack to the Senate with the recommendation that same do pass:

B~ ::\[r. Peacock of the 1-!th DistrictXo. 220. A hill to be entitled an Act to amend Ar-
ticle 3, Section -!, Paragraph 3 of the Constitution of the State of Georgia, etc.

B~ ::\Ir. Peacock of the 14th DistrictKo. 221. A bill to be entitled an Act to amend

FRIDAY, JuKE :30, 1916.

103

Article 3, Section 4-, Paragraph 6 of the Constitution of the State of Georgia, etc.

By :\Ir. Peacock of the 14-th District-
No. 222. A bill to be entitled an Act to amend Article 3, Section H, Paragraph 1 ofthe Constitution of the State of Georgia, etc.
Respectfully submitted, E. ::\L SMITH, Chairman.

The following resolution was read and laid over under the Rules, to wit. :

By .l\Ir. Adams...-\. resolution requesting his Excellency, the Gov-
ernor, to forward to the Senate the report of the Auditor appointed under a resolution, at the last session of the General Assembly.
:\Jr. ::\IcCrory arose to a question of personal privilege.

ATLANTA, GA., June 30, 1916.
The following message was received from his Excellency, the Governor, through his Secretary, ~Ir. .Jones:
111r. 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.

104

J O"GRKAL OF THE SE~ATE,

EXECFTI'rE DEPARTJll<JNT, STATE OF GEOHGIA.

ATLAXTA, (h., .rune 30, 1916.
To the General Assembly of Georgia:
On XoYember 20th, 1915, at your extraordinary session was passed and approved the following resolution:
"ResolYed by the Senate, the House concurring, that the Governor of Georgia is hereby authorized and requested to haYe a thorough audit made, by a certified public accountant, of the various departments and institutions supported hy State appropriations covering a period from ,January 1, 1914-, to J anuar~- 1, 1!H6, and reJwrt the result to the General Assembly next June, at the opening of the regular session. Provided, howeYer, the cost of said audit shall not exceed the sum of $5,000.; and shall onl~- he made if, in the discretion of the Governor, said audit shall he deemed nece~sar~- for the hest interest of the State."
The ExecutiYe deemed it important that the audit should be made and accordingly on the third day of January, 1916, secured the services of 1\Ir. Chas. J. l\fetz of the Audit C'ompany of the South, under a contract to complete the auditing required hy this resolution in time for the meeting of the General Assembly, in 1916.
Bond was taken and the work was commenced. It was finished in the time required and inasmuch as the Governor, as Executive, desired to lay it hefore

FRIDAY, JT:XE 30, 1916.

105

the General Assembly, the report was directed to be printed, and its examination was finished on the

morning of \Yednesclay, June 28th, too late to pre-

sent to the General Assembly on that date. As it was desired to examine its recommendations, the

message to accompany the report could not be :finished in time for the session of June 29th.

As the House is desirous of getting to work on the report it has been thought best to send it in at once in

order that the results may be before the General Assembly at the earliest practicable moment.

It is proper to state that the Executive does not agree with all the recommendations contained in the

report, but is very rertain that some of them are meritorious. The report is a very painstaking and

exhaustive one, and deserves your most careful at-

tention.

Respectfully submitted, N. E. HARRis, Governor.

'l'he following Senate bills were read the second time, to wit. :
By )fr. \ValkerA bill to amend the Constitution so that the Gov-
ernor's office will have the use of $8,000 per annum instead of $6,000.

.By l\Ir. Gillis-
A bill to amend Paragraph 2, Section 1, Article 11, of the Constitution of Georgia so as to create the new County of Treutlen.

106

JouRNAL oF THE SENATE,

By )Ir. )loonA bill to amend the Constitution of Georgia by re-
pealing Paragraph 16 of Section 7 of Article 3 of the same, and inserting in lieu thereof a new section prescribing that no local or special hills shall he introduced in the General Assembly, and for other purposes.
The following Senate bill was withdrawn from the General Judiciary Committee, read the seeond
time, and recommitted to flaid eommittee, to wit.:
A hill to amend Section 15:~-t- of the prespnt Code of Georgia.
l\fr. :\foon, of the :37th Distrirt, Acting ('hainnnn of the Committee on 1<-:ngrossing, sulnnitte<l tlw following report:

Mr. President: Your Committee on Engrossing has examined
and found properly engrossed and read~ for transmission to the House the following Renate hills anrl resolution, to wit.:
A bill to amend Section 5545 of the CiYil Code of Georgia of HllO.
A hill to be entitled an Act to amend Code, Section 606, Criminal Code 1!>10, so as to regulate size of mesh of net for shad fishing hy striking the words '' fiw inches'' and adding in lieu thereof ''three anrl a half inC'hes" anrl for other purposes.
A hill to be enacted an Act to empower the State Superintendent of Schools and the Attorney-Gen-

Ji'RIDAY, Jr~E 30, 1916.

107

eral to codify the school laws, and for other pur-
po~es.
A hill to amend an Art to regulate the return and assessment of property for taxation in this State, and for other purposes.
A resolution to authorize the Compiler of State Records to accept. on deposit for safe-kee-ping in his office at the Capitol any historical records, documents, etc., owned or collected by the Georgia Chapters or State organizations of the Kational Society of the Daughters of the American Revolution.
Respectfully submitted, E. T. MooN, Acting Chairman.

The following joint resolution was read and adopted, to wit.:
BY }fr. StoYallA resolution providing that when the General As-
sembly adjourn today it stand adjourned until \Yednesday, at ll o'clock, A. )f.
The following Senate hills were read the first time, to wit.:
By }fr. LawrenceA hill to amend the several Acts relating to the in-
corporating the :Mayor and Aldermen of the City of Savannah.
Referred to Special .Judiciary Committee.

By ~Ir. vValker-

-

A bill to provide for the prompt payment of pen-

108

JOURNAL OF THE SENATE,

sions, by authorizing the issuance of the GoYernor's warrants and the sale of the same.
Referred to Finance Committee.

By Mr. GoolsbyA bill to require all dealers and dispensers of gas-
oline by retail, to keep a register of the number of car and date when gasoline is sold.
Referred to Special Judiciary Committee.

By :Jir. GoolsbyA bill to proYide punishment for stealing automo-
biles in the State of Georgia.
Referred to Special Judiciary Committee.

By :Jir. StovallA bill to repeal an Act approYed August 14-th,
1913, to regulate tax returns and to create a Board of Tax Assessors.
Referred to Finance Committee.
The following House resolution was read and laid on the table, to wit.:
B~- :Jir. Dorris of CrispA resolution authorizing the joint committee from
the House and Senate, to inYestigate certain charges against the management of the School for the Deaf.
The following resolutions of the House were read the third time and i.ndefinitel~ postponed, to wit.:
By l\IE>ssrs. Conners of Spalding and othersA resolution authorizing the a.ppropriation ,of

FRIDAY, J L~E 30, 191 G.

109

money to pay expenses incurred in investigation of charges against Judge R. R. Russell.

By }fr. Fullbright of BurkeA resolution to appropriate $8,672.80 to meet de-
:fieiency in the nepartment of Keeper of Public Buildings and Grounds.
The follo,,~ing House bill was laid on the table, to wit.:
B~~ ~1r. Blackburn~-\ bill to provide for the appointment of a Public
Defender in all counties having a population of one hundred thousand, or more.
The following resolution of the House was taken up for a third reading, to wit. :
By }1r. }fyrick of ChathamA resolution to amend a resolution approved Aug-
ust 22, 1905, appropriating money to Industr~al College for Colored Youths, hy striking from original r~solution the restriction therein contained and for other purposes.
The report of the Committee, which was favorable to the passage of the resolution was agreed to.
Upon the passage of the resolution the ayes were 25, and nays 3.
The resolution having receiveJ. the 1e(1uisite constitutional majority was passed.
The following resolution was read and laid oYer under the Rules, to wit.:

llO

J Ol'Rl\AL OF THE SENATE,

B~- .\[r. TurnerA" te:-;olution proYiding for a joint eounHittee of
three from the Senatf' and fiyp fnn:1 n 0 P " .. ,... ' ('Onsider and report to this session of the General "\.ssemhly on the Yarious recommellllations mn(le by the ~peeial .:\u(litor recently auditing the account:" of the State.
The follo-wing Senate hills -were taken up for a third reading, to wit.:
By .\Ir. TurnerA hill to rearrange the Duhlin and Oemulgee Ju-
dicial Circuit!'i of this State by taking from the Ocmulgee Circuit the County of \Yilkinson, and ad,ling said county to the Duhlin Circuit.
The report of the committee, which was fayorah!e to the passage of the hil1, was agreed to.
Fpon the passage of the hill the ayes were :26, nays 0.
The bill, haYing received the ret1uisite constitutional majority, was passed.

By .\Ir. ThomasA bill to provide for the sale of dynamite, dyna-
mite caps, etc.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
'Cpon the passage of the bill as amended the ayes. were 31, nays 0.
The bill, having received the requisite constitu-

FRIDAY, JrNE 30, 1916.

111

tiona! majority, was passed as amended, and the amendments were as follows:
Amendments to Senate Bill No. 1:21:
Committee amends Senate Bill ~o. 121 by substituting after the word ''punished'' in fifth line of said section the words ''as prescribed in Section 1065 of the Code of 1910. ''
Committee further amends by substituting the word "or" for the word "and" in the eighth line of said section and between the word ''same'' and the word "proYided," so that when Section 4 is amended it will read as follows:
Be it further enacted by authority aforesaid, That any person who shall haYe in his or her manna l possession an~- dynamite, dynamite caps, dynamite fuse, or nitro-glycerin or other explosin used as a substitute therefor shall he guilty of a misdemeanor and punished as prescribed in Section 1065 of the Code. Provided, howeYer, that this Act shall not interfere with persons carrying the same to his own home or place of business from the place where he purchased same or proYided he is on his own premises.
:\fr. :\foon, of the 37th District, Chairman of the Committee on General Judiciary, submitted the following reporf:

."/Ill r. President:
Your Committee on General Judiciary has had under consideration the following bill of the Senate and instructed me as their Chairman to report same

112

J OCRNAL OF THE SE:NATE,

back to the Senate with the recommendation that same do pass, to wit.:
A bill to amend Section 1534 of the Code of Georgia.
Respectfully submitted, E. T. ~Ioo:N, Chairman.

Leave of absence was granted :Jir. ~IcLaughlin.
l~pon motion of ~Ir. Adams, the Senate adjourne(l until .Monday, July 3, 1916, at 11 o'clock, A. l\L

.:\fONDAY, ,JULY 3, 1916.

113

SE:~ATE CHAMBER, ATLAXTA, GA.
.:\londay, July 3d, 1916.
The Senate met pursuant to adjournment at 11 o'dock, A. l\1., and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the Journal of Friday's session was dispensed with.
The following message wa::; received from his Excelle;1cy, the Governor, through his Secretary, :2\lr. Jones:
Mr. President : I am directed by his Excellency, the Governor to
deliver to the Senate a communication in writing for which he respectfully asks your consideration.
.Jfr. .:\loon, of the 31th District, Acting Chairman of the Committee on Engrossing, submitted the following report:
Mr. President: Your Committee on Engrossing has examined and
found properly engrossed and ready for transmission to the House the following bills of the Senate~ to wit.:

114

Jm::RNAL OF THE SENATE,

A bill to rearrange the Dublin and Ocmulgee J udicial Circuits of this' State by taking from the Ocmulgee Circuit the County of \Vilkinson and adding said county to the Dublin Circuit, and for other purposes.
A bill to create the office of Supervisor of County Officers and County Records.
~-\. bill to provide for the sale of dynamite, prohibit sale to minors, require register, etc.
Respectfully submtited, E. T. ::\looN, Acting Chairman.

The following resolution was read and referred to the Hules Committee, to wit.:

By :\Ir. Gillis-
A resolution providing that Senate Bill :Ko. 103 be made a special and continuing order immediately after the confirmation of the .Journal on \Vednesday July 5th, 1916.
The following message was received from the House through ::\fr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has adopted the following resolution, in whieh the concurrenee of the Senate is asked, to wit.:
A resolution providing that a joint committee consisting of eight members, five of whom shall be from the House, and three from the Senate, to consider

MoxDAY, .JL"LY :3, 1916.

and report to thi~ session of General Assembly on recommendations made by Special Auditor.

The House has concurred in Senate Amendments to House Bill :270 exempting ships from taxation.

The House has passed by the requisite constitutional majority the following bill of the House:

A bill to be entitled an Act to amend the original Act creating the City Court of Columbus, for :Muscogee County so as to abolish the fee system in said court and to proYide for salaries for the officers thereof.

The follo"ing committee has been appointed on

part of the House to "hich shall be referred all

proposed legislation in connection with the contro-

Yersy behYeen citizens of .:\orth Georgia and Ten-

nPssee Copper Company:

l\Iessrs. Fullbright,

Stark,

OliYe,

Yeomans of Terrell, Clements,

\Vohlwender,

Peacock,

Redwine,

Shipp.

Bale,

Ex- The following message was read from his

cellency, the Governor:

EXECUTIVE DEPART_jfE)JT, STATE OF GEORGIA.
Atlanta, Ga., .July 3, 1916.
To the General Assembly of Georgia: In accordance with Section 10 of the Act of the

116

JouRxAL OF THE SENATE,

General Assembly, approved Xovember 30, 1915, providing for the re-leasing or other disposition of the western & Atlantic Railroad and its properties, the commission created by said Act has presented to me its report of what it has done up to the present time, and the said report is herewith transmitted to the General Assembl~.
Yen respectfully, N. E. HARRis, Governor.
e pon motion three hundred copies of the report
were ordered printed for the use of the Senate and House.
The report was as follow:;::

STATE CAPITOL,
ATLAXTA, GA., June 30, l!llG.
To tl1e General Assembly:
Section 19 of the Act of the General ~\ssembly
approved Xovemher ;-m, ] 915. }H'O\'iding for the re-
leasing or other disposition of the \restern & Atlan-
tic Railroad and its properties, etc., is as follows: ''Fe it further enacted, that the Commission cre-
ated hy this Act shall make full report to the General Assembly when it meets in 1916 of what it has clone up to thnt time, and annually thereafter until it has completed its duties under this Act, or shall han been discharged by joint resolution of the General Assembly."
In obedience to this mandate, the Western & At-

~Io~mu, JeLY :3, 1H1 G.

117

lantic Railroad Commission respectfully submits this report.
0RGAXIZATION.
Pursuant to call of the Governor, the following members of the Commission, named in the Act, to wit.:
Ron. N". E. Harris, GoYernor; C. M. Candler, Chairman of the Railroad Commission; G. Gunby .Jordan, and .J. L. Hand met at the Capitol in Atlanta, on December 9, 1915, for the purpose of organization, etc.
The Governor read to the Commission a letter from Ron. Fuller E. Callaway, declining to accept the legislative appointment as a member of the Commission.
Pursuant to the terms of the Act, the remaining members of the Commission thereupon elected Hon. E. A. Copelan of Greensboro to :fill the vacancy created by ~Ir. Callaway's declination.
The organization of the Commission was then completed by the election of
C. ::\f. Candler as Chairman, G. Gunby .Jordan as Vice-Chairman, Campbell \Vallace as Secretary.
\Villiam A. \Yimbish, Esq., was named in the Act as Counsel to the Commission. His salary for the :first year was fixed by the Commission at $5,000.00, with the condition that upon the expiration of this period his subsequent compensation should be :fixed by the Commission in. the light of conditions existing

118

JouR~AL OF THE SKATE,

at the time and the duties and work still before the Commission.
}Ir. J. Houston Johnston was appointed Engineer to the Commission, with a salary of $300.00 per month, and actual expenses incuned in the discharge of his duties.
}Ir. J. G. Cohen was appointed f;tenographer, at a salary of $100.00 per month.
The salary of the Secretary was fixed at $100.00 per month.
Subsequently, under authority of the Commission, }Ir. Ernie Adamson was employed by Counsel as law clerk and investigator, at a salary of $150. per month.
On J nne 22d instant, Mr. \Vallace resigned the position of Secretary, and )lr. J. G. Cohen, up to this time Stenographer, was appointed Secretary and Stenographer, with a salary of $150. per month.
The GoYernor having requested the Commission to assume the oYersight on the part of the State of the Yaluation of the \Yestern & Atlantic Railroad being made by the Interstate Commerce Commission,, under the Federal Yaluation Act, and this oversigl1t: and supenision seeming to bear a close relation to. the work assigned to this {'ommission by the General Assembly, the Commissi9n accented the duties and responsibilities suggested hy the GoYernor~ and the engineering features of the work were af'signed to the Commission's engineer, witl10ut additional com-. pensation.
It is of the greatest importance to the State that this Federal valuation be fah and complete, and

~!O.IHHY, JeLY :~, ]916.

119

some State supelTision and familiarity with the same is desirable and necessary.
Under authority conferred upon them by the Act, creating the Commission, the Governor and the Chairman of the Railroad Commission fixed the compensation of the other three members of the Commission at $100.00 per month, with actual expenses in<'nrred in the discha_rg-e of their duties.

OcrLI~E OF PEEP.\RATORY \YoRK HEQUIRED OF THE
Co:mvnssrox.
Section 5 of the Act creating the Commission directed it to cause to he prepared, if not otherwise obtainable, complete and accurate surveys, maps, profiles and estimates, showing:
1. (a) "The extent. character and use of all terminaI properties of the road;" (b) "the entire line of road, its grades, curves, elevations, stations, station grounds, together with the character and condition of its superstructure, rails, ties, bridges, tunnels and other structures."
~. ''The extent and character of every use or occupation of the right of way, tracks and other properties of the road by any person or corporation, other than the lesi'-ee. and the authority therefor."
3. ''The properties not used or apparently not useful for railroad purposes, with an estimate of the market value of such properties and the uses to which they might he applied."
4. (a) "Suneys, profiles and estimates of cost necessan to double track the road and reduce its

] :20

JouRNAL OF THE SE:\'ATE,

grades and curves, and the time reasonably required therefor;" (b) "what changes and improvements will be required to provide adequate terminal facilities for the independent operation of the road, and estimated cost thereof, and the time reasonably required for the work.''
;j, The Commission was also directed to have made a careful examination i:pto the reports, accounts, statistics and other data relating to the operation of the road for a series of years past, in order to arrive at an estimate of the fair earning power of the road, based upon the character and extent of and revenue derived from the traffic which it has enjoyed and which it may reasonably expect to retain.
In addition to the above mandatory duties the Commission, among other things, was directed, in Section 3 of the Act, to consider and determine
6. (a) "\Yhether the property in the hands of the lessee, under a new lease, should be taxable, and if so, to what extent and in what manner;" (b) "what special consideration should be given the counties through which the road runs as compensation for the cost of litigation and other special charges that may be cast upon them by reason of the operation of the road."
7. "\Yhat, if any, property is ownerl by the \Yestern & Atlantic Railroad not useful for railroad purposes, that could be properly and advantageously disposed of separate from the lease of the road."
8. '' \Yhat, if any, s~eps should be taken to assert the right and title of the State to any part of the

-:\fOXDAY, J"GLY ~i, 1916.

121

right of way or property of the road that may be adversely used or occupied."
9. "vVhether it would be wise and expedient to reserve from any of said property, either at terminals or elsewhere on the line, overhead or underground rights, looking to their subsequent use separate from railroad purposes, with specifications and recommendations thereof.''
10. Jn addition to the foregoing, Section 16 of the Act directed the Commission to report to this General ..:-\:;;sembly if practicable, upon the feasibility and desirability of extending the \Yestern & Atlantic Railroad to the sea, and in connection with this question to assemble quite a large volume of information and facts, including a report as to the location, character, etc., of any real estate owned hy the State on the sea coast, "\\hich would he available for deep water terminals, etc.

PROGRESS OF THE vVORK.
TRAFFIC AXD EARNI::'rGS.
The Commission, through the exceeding kindness and courtesy of the Interstate Commerce Commission, seC'ured the services for the necessary period, of }fr. \V. J. -:.\Ieyers, its Chief Statistician, for the purpose of making an expert analysis ::t.nd study of the business, traffic, stn tistics, gross :mel net earnings, operating expenses, rate divisions, sources of traffic, etc., of the \Vestern & Atlantic Railroad under the present lease, for a period of years.
Mr. l\Ieyers has completed this very important and enlightening work and has made his report

122

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thereon, together with certain conclusions and recommendations, based on his study and analysis. This report is full and exhaustive, and will proYe of great Yalue to the Commission in reaching conclusions on seYeral questions which must be considered in connection with the proper future disposition of the road, its fair rental value and its pr<;lbable earning capacity.
)Jr. )Jeyers has a national reputation as an expert student of railway statistics, and the State of Georgia is deeply indebted to the Interstate Commerce Commission for its kindness and courtesy in allowing )Jr. )Jeyers to perform the work which he did, as related abon~, for the State.

ENGINEERING \VoRK.
As already mentioned, the Division of Valuation of the Interstate Commerce Commission is now making a complete and detailed physical valuation of the Western & Atlantic Railroad, under the Federal \.,.aluation Act.
"Cnder this .Act, and the requirements of the Commission, an enormous volume of work has been imposed upon the operating company, in this case the lessee, in supplying, with the greatest detail, descriptive inventories, maps, suneys, title abstracts, etc., and as far as possible, complete information as to the constructive history and cost of the road.
The lessee l1as promptly and willingly supplied this Commission with copies of any and all of this. matter, whenever requeste!l by it, and in so doing, has saved to the State months of time and thous-

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123

ands of dollars. The Commission has receiYecl from the lessee blue prints of the preliminary maps preparetl by it for the Federal DiYision of Valuation, of the \Yestern & ~Hlantic Hailroad, made from actual :ouneys, and showing alignment, right of way, drainage, length of bridges, location of buildings, depots, etc., all on a scale of one inch to two hundred feet, except ii1 Fulton County, where the~- are on scale of one inch to fifty feet; also preliminary profile in fin sections of the \Yestern & Atlantic Railroad from Atlanta to Chatb:~nooga. Since the surYey made by the lessee for these maps. the Di,ision of Valuation has made a chain sun-e~ from Atlanta to Chattanooga, noting all the physical property of the \\~estem & ~\tlantic Railroad, and copies of these notes will he furnished to the State. The lessee is required by the Interstate Commerce Commission Di,ision of Valuation to take these notes and revise and complete the preliminary maps, and after all changes, eonections Dnd additions to these maps have been made and are acceptable to the Division of Valuation, reproductions on linen tracing cloth will he made, and one copy supplied to the Statc>, upon the payment of the actual cost of reproduction. This Commission's engineer has kept in close touch with these actual surveys, frequent]~- spending periods of time \vith the Government engineers, and checking oYer the results of their work and obsernltions. Our engineer estimates that it would haYe cost the State of Georgia between ten and twelve thousand dollars to have made all necessary suneys .and prepared the maps which we are obtaining in

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.JOURXAL 01.<' THE SEN'ATE,

this way, and that the work would have required at least twelve months.
The Commission has al:;:o heen furnished, by -:\[r..John Howe Peyton, president of the lessee company, two maps, one on scale of one inch to eight hundred feet and the other one inch to twelYe hundred feet, showing the alignment of the road between Ellen N and Cartersville, and certain proposed reYisions thereof, in connection with the proposition to double track the road, and also profile of the same section of the .road.
l\fr. Pe~ion has also very kindly supplied our engineer with data and estimates made from actual surveys, for proposed double tracking and some revisions hetween Cartersville. and Chattanooga.
::Vlr. Peyton has further furnished the Commission with a map of Chattanooga and vicinity, on scale of one inch to three hundred feet, which map is of much value in showing the relation of the western & Atlantic Railroad to Chattanooga, its industries and the other railroads.
From the above maps and data and information, in connection therewith, the Commission's engineer has completed, and we have on file, the following maps:
First: Property maps of Atlanta on scale of one inch to fifty feet, showing the outline and boundaries of the property or the State and the property owned by every other railroad touching and adjacent to the right of way of the western & Atlantic Railroad. Negatives, with black line prints from these maps have been made, and the property of each respective

}fONDAY, JrLY 3, 1916.

12:)

railroad is shown in color on the maps, the same color scheme being carried through from one end of the State road to the other.
Second: Property maps of the State's property at ~Iarietta, Cartersville, Kingston and Dalton, on scale of one inch to one hundred feet; these are all junction points and the maps show certain encroachments by other railroads on the State's right of way at these points.
Third: Property maps of Chattanooga on scale of one inch to one hundred feet, made in a ~imilar manner to the property maps of Atlanta, showing the adjacent property owned by other railroads.
Fourth: Alignment maps of the \Vestern & Atlan. tic Railroad on scale of one inch to two thousand feet, showing correctly, in relative position, all the curves, mile posts, roads, streams, together with the topography of the neighboring country through which the road runs. On these maps are shown the revisions for which estimates have been prepared, together "ith suggestions for surnys to determine possible further revisions. The maps mentioned in this paragraph are not fully completed, but will be completed before the adjournment of the General Assembly.
Fifth: Detailed maps showing that portion of the State's property in Chattanooga now used for commercial purposes, and also showing a schedule of rents as paid for the same by the present tenants.
Sixth: i\:Iap showing in detail the lines and other features touching the matter of the dispute as to the line between the right of way of the \Vestern &

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.Jo"LRXAL OF THE SEXATE,

~-\ tlantic Railroad and the property of the Federal GoYermnent consisting of the Xational Cemetery at Chattanooga.
Serentl~: :\laps showing (a) physical situation het\Yeen Pryor Strel't aml Central AYenue in the City of Atlanta; (b) maps showing encroachments by the Louisville & Xaslnille Railroad at :\Iarietta; (c) maps showing encroachments by the Louisville & ))"ashville Railroad and the Seahoard ~\ir Line Railway at Cartersville; (d) map showing encroachment by the Southern Railway at Dalton; (e) sketch map of the Southern Railway occupation of the State road right of way south of Dalton, and by the C. X. 0. & '1'. P. R R. from Boyce to Clwttanooga.
The Commission has secured, through the good offices of Senator Hoke Smith, maps of tl!l' Atlantie Coast, from the mouth of the Savannah RiYer to the mouth of the Saint :\Ia1-y's River, these maps haYing been prepared by the United States Coast and Geodetic Snney. They are Yaluahle in the study of the
deep water terminal proposition at Saint :\Iary 'ii, in
the event of an extension of the \Yestern & Atlantic Railroad to the sea, and from these maps and from otl1er information gathered, the Commission's engineer has prepared a small sketch map showing the property of the State at Point Peter, near Saint J\Iary's.
\Vhen finally revised and completed under the direction of the Division of Valuation of the Interstate Commerce Commission, the property maps which this Commission ~ill secure from it will show every use of the right of way track and other prop-

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127

erty of the road, by any person or corporation other than the lessee.
In order that the situation of the State road with reference to all other railroads entering Atlanta and Chattanooga may be readily understood, the Commission's engineer is now at work upon maps of each of these cities, on scale of one inch to eight hundred feet. The work on these maps is well under way, and it is hoped to have them completed at an early date.
The Commission's engineer has also made and submitted to the Commission, studies and reports on
First: Double tracking and r~vision; Second: On use and improvement of the State's terminal property at Chattanooga; Third: The same stu~y and report for Atlanta; Fourth: A report and estimate of the additional equipment and roJling stock necessary in the event of operation of the road by the State; Fifth: The same character of study and report as to additional terminal facilities in Chattanooga and Atlanta in the event of the operation of the road by the State; Sixth: A preliminary and partial report on Saint :Mary's harbor. He is now engaged upon and will later submit a further report on the proper use and disposition of the existing Atlanta terminals, particularly with reference to passenger and freight station facilities, and the problems involved in the suggestion of the reservation by the State of overhead and underground rights therein. ~umerous other charts, maps and studies, bearing

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J OURXAL OF THE SENATE,

upon the different features of the work being done by the Commission haYe been prepared and are in the Commission's files.

LEGAL DEPART:\rF:XT.
\Yith the approYal of the Commission, its counsel has undertaken the preparation of a complete leg-islatiYe, political and judicial histor~' of the road. All Acts and resolutions of tllC' General ~-\sRemhl~, tog-ether with the more important exeentivP orderF; and messages of the Governor relating to tlw rond, have been examin~d, digeste!l and chronologically arrang-ed. .An index C'ontaining rcfNences to all books, pamphlets and publications contained in. the State Library and elsewhe_re, which may he l'!ai<l to concern the political histor~ of the road, is now in an advanced state of preparation. The Houi'!P ancl Senate .Journals are being examined an<l digested with respect to all proceedings referring in any way
to the \Vestern & Atlantic Railroad. All cases af-
fecting the \Yestern & ..-\ tlantic Railroad, or the State of Georgia as the owner of the property, decided hy the courts of Georg-ia and Tennessee, and the eourts of the United States, are being consulted, anal~zN1, digested and indexed. Proceerlings before and reports of special commissions and legislatiYe rommittees, which are deemed of sufficient importanre, will be incorporated in this anal~sis and dig-e:::t. The more important papers, documents and transcripts will he shown in exhibits in order that they may he preserved and rendered more readily accessible.

129
The State's title to its rights of way and prop-
erties is being examined, and the evidence thereof arranged and classified. In those cases where the property is in dispute, or other reasons exist, as complete abstracts are being made as the available records will permit. \Tery few original records relating to the rights of way and properties of the road have been preserved, and recourse must be had to other sources for the necessary information. Fortunately, however, the original title of the State to its properties, with few exceptions, is undisputed, and the use and occupancy of these properti0s in hehalf of the "\Yestern & Atlantic Railroad for long periods of years have established prescriptive titles in the State. \Vhile some of the properties are adversely occupied, the right to such use is in prac-
tically every case claimed to have been acquired
from the State, and not in contravention of the State's original title.
All encroachments upon and uses of any part of the right of way and property of the road (other than by the lessee) are being ascertained, classified and investigated. Up to this time something more than three hundred such encroachments have been discovered, and many more will doubtless be disclosed during the course of the investigation. These include encroachments of every character ranging from an insignificant and perhaps accidental obtrusion of a fence or platform, to those of such magnitude as interfere with the connnient operation of the road.
There is also being prepared a chart which will

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JorR~AL oF THE SEXATE,

show in detail the location, character and extent of every parcel of the right of way and other property of the \Yestern & Atlantic Railroad, together with the source of the State's title thereto. All encroachments, uses and occupancies by others than the lessee will also be shown, together with a brief referen~e to the authority claimed therefor.
Counsel has filed with the Commission a condensed but comprehensive report touching the larger but more important occupancies and uses, whether maintained under claim of right or by permission of the lessee and the State. The following is a summan of some of the more important matters dealt with in this report:

ATLANTA TERMIX.-\L PROPERTIES.
(a) Original State Square. The original State Square consisted of five (5) acres acquired from Samuel :Mitchell in 1842, and embraces the area lying between .Alabama, Pryor and Decatur Streets and Central Avenue. All of this property was lost to the State under a compromise made with the heirs of :Mitchell in the year 1870, under the administration of Governor Bullock, excepting that portion orcupied by the Union Station, together with \Vall Street on the north, and a strip occupied by tracks on the south of the Station. The history of the acquisition and loss of this property is stated in the report.
(b) Union Passenge1 Station. This Station was built upon the land of the State in the year 1870 the cost of its construction being contributed to by the

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131

several railway companies then entering Atlanta. The several railroads so contributing have withdrawn from the use of the Station and assert no further claim thereto, other than the Georgia Railroad, which still claims that it has an interest in or right to use the Station. This question has been fully investigated by counsel, who has arrind at the conclusion that the Georgia Railroad has no property interest in the Station or the ground upon which it is located, or any right to continue its use, except at the wi1l and by sufferance of the State. The Georgia Railroad has been advised of this position on the part of the State, but has not indicated its concurrence therein.
(c) Strip South of the Union Station. There has been brought into question the title of the State to this strip of land which is now, and for many years has been, occupied by railroad tracks used by and in connection with the operation of the Western & Atlantic Railroad. Some of the owners of the abutting property (which fronts on Alabama Street) claim title to a part of this strip, while others claim a right or privilege in the use of some of the tracks. The title of the State, as well as that of the owners of the adjoining property, has been carefully examined, and abstracts haYe been made. After full inYestigation and consideration, counsel reports that the State has a valid and unassailable paper title to all of this strip of land lying between the Union Station and a line beginning on Central AYenue at a point seventy (70) feet north of Alabama Street and extending thence in a straight line to a point on

13:2

JorRKAL OF THE SENATE,

Pryor Street one hundred and thirteen and fiYetenths (113.5) feet north of ..:-\labama Street, and
that ti tie b:v prescription bas ripened iri. favor of the
State to all the ground occupied by the tracks, whether or not included within the line above defined.

~-\.TLAKTA, BIRl\fi?-l"GHAl\1 & ATLAXTIC RAILWAY COMPAKY.
This company has laid some of its tracks on and across the right of way of the \Vestern & Atlantic Railroad for tl!e purpose of making physical connection therewith, and has constructed and uses jointly with. the Nashville, Chattanooga & St. Louis Railway a switching tower situated on the property of the State near Bellwood Avenue, in the cit~, of ~t\ tlanta, about two miles from the Union Station. The occupation of these tracks and the construction and use of this tower is claimed under a license from and agreement with the lessee company, and will expire with the present lease. In making the physical changes required to accommodate this connection, there resulted a shifting of a track of the \Vestern & Atlantic Railroad off its right of way u110n the adjoining land. The State was offered a cmweyanre
"Tof title to the strip so occupied b~, the trark of the estern & Atlantic Railroad in compensation for the use of its right of way. Counsel advised that the Commission had no power to alienate an~' of the property of the ..\Yestern & ~-\. tlantic Railroad or encumber its title by the granting of any easement or serYitude; and also that the Commission had no au-

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133

thority to acquire additional property for the road. In view of this opinion, and of the fact that the present use of the property is subject to discontinuance at the expiration of the present lease, the Commission declined to accept the conveyance offered, leaving the status of the encroachment as a subject for future consideration upon the expiration of the lease. In tlw meantime all of the rights of the State are preserYed.
Sot:THERx RAILWAY Co:\IPA~Y.
(a) At aud Near Atlauta. The Southern Railway Company as the successor in title of the Georgia Pacific Railroad Company and of the East 'l'ennesset>, Virginia & Georgia Railway Company, claims the benefit of all the rights that may haYe been acquired by either of those compi:mies in and to the use or occupation of any part of the \Vcstern & Atlantic Railroad and its property. The Georgia Pacific Railroad, claiming authority therefor under certain acts of the Legislature and executiw orders, built its road on the right of way of the \Vestern & Atlantic Railroad beginning at Simpson Street in the city of ~.\.tlanta, and extending to a point a fraction less than six miles from the "Guion Station. On some of this right of way double tracks have been laid, and the free and efficient operation of the western & Atlantic Railroad is greatl~- inconvenienced thereby.
The Georgia Pacific Railroad, without authority therefor, constructed a belt line, beginning at a point about three miles from the Union Station in Atlanta, and extending thence to a connection with

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J orRNAL OF THE SENATE,

the then Atlanta & Charlotte Air Line Hailroad about six miles from the Union Station. This line encroaches upon the right of way of the \Vestem & Atlantic Railroad for a distance of fifteen hundred (1500) feet, beginning at a point about two miles from the Union Station in Atlanta. The Southern Railway Company maintains and uses the tracks upon the \Yestern & Atlantic Railroad as ahoYe sho"n, claiming' that as the successor of the Georgia Pacific Railroad Co:rnpany it has acquired the right to do so. Suit was brought in behalf of the State against the Southern Railway Company in Fulton Superior Court in 1898 for the purpose of determining the rights of the parties, and for a removal of this adverse use and occupancy of the State's property. About the same time suit was brought in whitfield Superior Court against the Southern Railwa~ to determine its right to use and occupy the right of way of the western & Atlantic Railroad for seYeral miles south of Dalton. In the last named case the Supreme Court of Georgia held that the State not being entitled to possession, and the lessee company not complaining, the suit could not be at that time maintained by the State; and hence the suit was dismissed on this ground without decision of or prejudice to its merits. In view of this decision no further step waS' taken in the case in the Fulton Superior Court which was controlled by the same principle.
(b) Near Dalton. The Southern Railway, as the successor in title of the Dalton & Gadsden Railway Company, maintains tracks upon the right of wa~- of

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135

the \Vestern & Atlantic Railroad for several miles near and south of Dalton. The right to maintain and use these tracks is claimed under certain legislative Acts which are supposed to have conferred the right upon the Dalton & Gadsden Railroad. These Acts and their construction are discussed in the report of counsel, and need not be repeated here. Suit was brought in \Yhit:field Superior Court against the Southern Railway Company for the recovery of the use of this right of wiry; but as above stated the Supreme Court dismissed the case upon the ground that the State was not entitled to possession at that time.
Counsel is of the opinion that the General Assembly may by appropriate legislation preserve the right to renew these suits upon the termination of the present lease; or that in case the road is again leased the Commission may make the necessary reservation in the contract of lease.

LoriSVILLE & NASHVILLE RAILROAD CoMPANY.
(a) At Jfarietta. The Louisville & Nashville
Railroad Company occupies and uses a considerable portion of the right of way of the vVestern & Atlantic Railroad at ~Iarietta, beginning at Mill Street, and extending thence northerly a distance of about one mile. This occupation \Vas originally made by the ::\Iarietta & North Georgia Railroad, and was subsequently continued by the Atlanta, Knoxville & Northern Railway Company under a qualified claim of right. After extended negotiations, the General Assembly in 1897 authorized the Go-vernor to consent in behalf of the State to such reasonable agree-

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J OURXAL OF THE SEKATE,

ment for the use of the right of way as might be granted the Atlanta, Knoxville & Xorthern Railway by the Nashville, Chattanooga & St. Louis Railway. as lessee, for such time as should not exceed the term of the present lease, provided the right and title of the State to said right of way should be fully protected. Such an agreement was entered into in the nature of a sub-lease from the lessee company and provided, among other things, that it should remain in force during the term of the present lease unless sooner terminated by either party upon giving the other party six months' notice in writing. It was further provided that upon the termination of the agreement by expiration of the lease or by notice the Atlanta, Knoxville & Korthern Railway should remove from the right of way aJl of its tracks, sidetracks, and improvements of every description, should surface up the right of way, and deliver full and unobstructed possession thereof to the lessee company, or to the State in case the lease had expired for any cause. This agreement was dul~, approved by executive order entered upon the minutes of the Executive Department. This constitutes the right and license of the Louisville & Nashville Railroad Company to occupy this right of way. Hence upon the termination of the lease, the Louisville & Nashville Railroad Company is required to vacate and cease such occupancy.
(b) At Junta. This is the junction point of the main line of the Louisville & ~ashville Railroad with that of the \Vestern & Atlantic Railroad, from whence the Louisville & ~asllYille operates its trains

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137

into Atlanta under a trackage agreement with the .Nashville, Chattanooga & St. Louis Railway. This right, having been granted by the lessee company, cannot be exercised beyond the term of the present lease.
At Junta the Louisville & Nashville Railroad Company maintains a track for a distance of about 934 feet upon the east side of the right of way of the "'\Vestern & Atlantic Railroad, and in addition has a switch or side track which encroaches upon the right of way. This occupation of the right of way is had under a license or permit from the lessee company, which specifically provides that it shall not extend beyond the expiration of the present lease. Upon this permit the then Attorney-General of Georgia entered an endorsement consenting and approving it, subject to all the rights of the State under the lease Act.
This occupation being permissive only, the authority for it wiJI cease upon the termination of the present lease. The only question presented is whether the Louisville & Nashville Railroad Company will be permitted to remove its tracks and other structures from this right of way upon the tennination of its license. Counsel for the Commission construes the lease Act of 1889 to mean that all such improvements shall become the property of and belong to the State at the expiration of the lease.

SEABOARD Am LrNE RAILWAY. At Cattersville. The Cartersville & Van Wert Railroad Company was incorporated under an Act

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J or:nNAL OF THE SEXATE,

of the Legislature which authorized it ''to connect with the western & Atlantic Railroad Company at Cartersville, Bartow County.'' The tracks of this railroad were laid for a distance of about a mile on the right of way of the \Vestern & Atlantic Railroad from and to the depot at Cartersville. N"o authority appears for this occupation. A frame depot and office building was erected on the State's property nt Cartersville under a license from the old lessee company, it being provided that the license should operate only during the continuance of the then lease of the \Yestern & Atlantic Railroad.
The East & West Railroad became the successor_ of the original company, and gave written acknowledgement that the title to the said right of wa~- and depot square is vested in the State of Georgia, and that its use and occupation thereof was merely permissive. The Seaboard Air Line Railway acquired the properties of the East and "\Vest Railroad Company, and is now using and occupying the right of way referred to. Upon the termination of the present lease, the State may therefore terminate this use of the property, or permit its continuance upon such terms as it may see fit to prescribe.

RoME RAILROAD.
At Kingston. The Rome Railroad, now owned hy the Nashville, Chattanooga & St. Louis Railway, has 711 feet of its main track and 800 feet of side track on the depot square belonging to the State at Kingston. No legislative authority exists for this use. The N"ashville, Chattanooga & St. Louis Railway

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139

makes no claim to this property or to its use as against the State, and will be amenable to the requirements of the State in this regard.

Cr~crNNATI So1ITHERN RAILWAY.
At and Near Chattanooga. The Cincinnati, New Orleans & Texas Pacific Railroad Company, as lessee of the Cincinnati Southern Railway, maintains and operates tracks for about four miles upon the right of way of the vVestern & Atlantic Railroad in Hamilton County, Tennessee, extending from Boyce to a point near the Union Station in Chattanooga. Legislative a"Uthority is claimed for this use and occupation. An Act of the General Assembly, approved October 8th, 1879, authorized the Cincinnati Southern Railway to occupy with its tracks a portion of the right of way of the \Vestern & Atlantic Railroad from Boyce Station to the city of Chattanooga. The consideration prompting tl1e granting of this privilege is recited in the Act to be that "the City of Cincinnati had nearly completed a grand trunk line which will be a great benefit to the State of Georgia, forming a most important feeder and practically an extension of the \Vestern & Atlantic Railroad, and giving to our commerce the advantage of a direct and admirable connection with the railway systems of the north and west."
Subsequently the Cincinnati Southern was leased for a term of ninety-nine years, and is being operated under that lease by a subsidiary or operating company owned and controlled by the original lessees, the Southern Railway and the Cincinnati, Ham-

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Jot:RNAL OF THE SENATE,

ilton & Dayton Railway Company. It thus transpires that the Cincinnati Southern Railway, instead of heing an important feeder and a practical ex-
tension of the vYestern & Atlantic Railroad, has be-
come a powerful competitior in the transportation of traffic to and from the north and the west. The consideration moving the State to authorize this use of its right of way has, therefore, completely failed.
The tracks so maintained by the Cincinnati, Xew Orleans and Texas Pacific Railway have become a great burden to, and materially restrict, the free operation of the trains of the vVestern & Atlantic Railroad into and out of Chattanooga. This portion of the right of way is practically a part of the Chattanooga terminal system of the western & _.,-\.tlantic Railroad, and the need of additional tracks for the w;;e of that road is urgent and imperative for the handling of its traffic. The Cincinnati, Kew Orleans & Texas Pacific Railway owns an adjoining right of way and property for a large part of the diRtance, upon which its tracks could be easily and inexpensively shifted withopt affecting its entrance into the City of Chattanooga.
Counsel for the Commission indulges the opinion that the State of Georgia granted to the Cincinnati Southern merely a privilege and not a vested property right; and that conditions having materially changed, and the consideration having failed, the State may revoke this privilege and recover the use of its right of way. In view of the fact, however, that this adverse use is under color of legislative authority and is maintained in a foreign jurisdiction, Conn-

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141

sel is not prepared to definitely advise the Commission to recommend at this time what action should be taken with reference to the subject matter. Because of the serious nature of this encroachment, both in its practical and legal aspect, it is thought proper to submit the facts to the General Assembly for consideration and direction.

NATIONAL CEMETERY AT CHATTANOOGA.
The line defined by monuments as marking the boundary of the ~ational Cemetery at Chattanooga encroaches upon the right of way of the \Vestern & Atlantic Railroad to the extent of from 6.6 feet to 11.5 feet for a considerable distance, as shown on a plat of survey prepared by the Special Engi]j.eer.
The right of way so encroached upon was acquired by the State under two conveyances, one of which was dated in 1840 and the other in 1849. The State appropriated 66 feet for its right of way and has since continuously maintained its tracks and superstructures thereon. In the year 1867 the Federal Government appropriated some 130 acres of land, in part adjoining this right of way, for a National Cemetery. Certain proceedings were had in the District Court of the United States for the Eastern District of Tennessee, under which the value of the land thus appropriated was ascertained and payment made therefor. To these proceedings the State was no party; nor was it served with any notice; nor were its rights in any wa~- involved or determined therein.
In defining the boundaries of the Nationa] Cern-

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Jol:RNAL oF THE SExATE,

etery tract, the agents of the Government erected monuments describing the line which encroaches upon the right of way of the \Yestern & Atlantic Railroad, as above refened to. The cemetery grounds, as used by the Government, are enclosed by a stone wall, which is from 150 to 300 feet from the
center of the right of way of the w,.estern & Atlantic
Railroad. The intervening ground is a low, depressed area, marshy in its nature, and covered at times by standing water. It is of no value to the Go\'ernment for a cemetery or for any use connected therewith. On the other hand the strip of the right of way encroached upon is absolutely essential to the maintenance of the tracks and embankments of the \Yestern & Atlantic Railroad. A part of the State's right of way at this point is occupied by tracks of the Cincinnati Southern Railway under claim of authority from the State, as hereinbefore mentioned. The right of way of the State is therefore much restricted, and being now a part of the Chattanooga terminals, is subject to heavy operating burdens. It is of the utmost importance that an additional or second track should be laid upon this property so as to relieve the congestion and provide for the convenient handling of traffic. For this purpo$e not only is all of the right of way of the State essential, but it will be necessary to use a narrow strip of the land belonging to the Government in order to maintain the necessary embankments.
Acting under appropriate resolutions of the
Commission the counsel proceeded to vVashington
and invoked the aid of the Senators and Representa-

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143

tins from Georgia to obtain ~ppropriate action on the part of Congress surrendering any claim to the State's right of way and further granting the State the right to use a small part of the Government's property for the construction and use of a second track. The matter i::: receiving the personal attention of Senator Smith, and in the House will be more directly in charge of Representative \Vise, who is a member from Georgia of the Committee on :Military Affairs, all National Cemeteries being under the Department of War. It is belie,ed that the desired action on the part of Congress will be secured.

CHATTAXOOGA TERMIKALS.
(a) Depot Grounds. Title to a considerable part of the depot grounds originally belonging to the State in the City of Chattanooga is claimed by the ::\ashville, Chattanooga & St. Louis Railway, which has been in possession and use thereof for many years. The close relation existing between the State of Georgia and the Kashville, Chattanooga & St. Louis Railway, as well as the large intrinsic value of the propert~- itself, and its vital importance for terminal uses, justifies a succinct statement of the facts.
By deed dated August 17, 1860, Governor Brown purported to conny to the Kashville & Chattanooga Railway a portion of the original depot grounds at Chattanooga, descrihecl by meets and bounds, and supposed to contain 8.79 acres. The land thus clescribed and conveyed included one-half of the grounrl upon which the "Cnion Passenger Station then stood

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JouRNAL oF THE SENATE,

and now stands, together with valuable street frontage. 'l'he deed recites that it was made in pursuance of an agreement for an exchange of lands, entered into on Kovember 13, 1855, between the superintendent of the "\Vestern & Atlantic Railroad and the Xashvil1e & Chattanooga Railway, which agreement was said to have been ratified by the Governor of Georgia on December 13, 1855. The consideration recited was $8,000.00, to be immediately paid by the Nashville & Chattanooga Railway. into the treasury of the Western & Atlantic Railroad, and the further consideration that the Nashville & Chattanooga Railway should convey to the State of Georgia a described parcel of land in the city of Chattanooga containing .96 of an acre. Notwithstanding that a portion of the passenger depot and tracks of the western & Atlantic Railroad were actually upon the property conveyed, the deed contains the recital:

""\Vhich (property) I do not consider necessary to the "\Vestern & Atlantic Railroad for depot, wood yards, nor stations; nor do I consider that it would be now or at any other time necessary or convenient to said road. n
The Nashville & Chattanooga Railway never conveyed to the State the .96 of an acre named as a part of the consideration, so far as the records show. The cash consideration of $8,000.00 was never paid into the Treasury of the State of Georgia, although the Nashville & Chattanooga Railway claims to have a voucher showing that this sum was paid into the treasury of the "\Vestern & Atlantic Railroad.

::\loxDAY, ,J"CLY ;), 191G.

145

The Xaslwille & Chattanooga Railway went into possession of the 8.79 acres conveyed to it, and the 'Vestern & Atlantic Railroad into possession of the .96 of an acre to be conveyed to the State; and each party has since used and occupied these respectiYe tracts in severalty for more than fifty years.
No such agreement, which the deed recites was made by the superintendent of the Western & Atlantic Railroad, and approved by the Governor in 1855, relating to an exchange of properties between the 'Vestern & Atlantic and the Nashville & Chattanooga Railway, can be found. The executive minutes during the whole term of Governor Johnson's term, including the year 1855, have been examined, but such examination has been totally barren of results. There exists no Act or resolution of the General Assembly authorizing such transaction. There is an Act of the General Assembly, approved February 8, 1850, the first section of which reads as follows:
''That the Governor be authorized to dispose of such lands lying on the line of the "'estern & Atlantic Railroad, as he may deem expedient, by public sale.''
It can hardly be supposed that this was intended to authorize a sale of depot grounds or terminal properties; and this is made clear by another Act passed at the same session, and approved sixteen days later, Section VI of which is as follows:
"The Governor shall not sell at any time any part of the right of way acquired by the

146

JouRNAL OF THE SENATE,

State, nor any property or land that may he necessary nor or at any time for the erection of depots, wood yards or water stations, or for any other improvement necessary or convenient to said road.''

In a case involving the use of the Chattanooga Passenger Station, prosecuted before the courts of Tennessee hy the present counsel for the Commission, the validity of this deed was collaterally involnd. In that case, the Chancery Court of Appeals of Tennessee held that the property known as the \Yestern & Atlantic Railroad is merely a piece of property or investment owned by the State of Georgia, and that the Governor of Georgia had no authority under the Georgia law to sell any land per-
taining to that property, except such as was giYen
him by the section of the Act aboYe quoted. The court further said that it did not seem that the Go\ernor had an~- authority to make the deed, notwithstanding the recitals therein that he did not consider the property necessary for the purposes named. The court further declared that such recital amounted to no more than a private letter from Governor Brown
to a third party. This opinion of the Chancery
Court of Appeals was affirmed by the Supreme Court of Tennessee.
\Yhether the State shall now seek to recover this property presents not simply legal questions, other than the mere validity of Governor Brown's deecl, but also questions of poliry and propriety which should he dul~- considered and wisely detenninecl.

::\!OXDAY, ,Jt:LY ;), 1916.

147

If the State intends to assert its claim to this property, legal proceedings to that end should he instituted. If, on the other' hand, such purpose is not entertained, the action of Governor Brown should be ratified and confirmed, and the title of the Xashville, Chattanooga & St. Louis Railway should he set at rest.
(b) Sewer Through Depot Grounds. In the past year, prior to the creation of the Commission, the city of Chattanooga constructed a sewer through the depot grounds of the \Yestern & Atlantic Railroad in that city. This is claimed to have been clone under permission from the lessee company, concurred in by the Governor anq Attorney-General ot Georgia. There seems to have been a misunderstanding with reference to the action of the Governor in behalf of the State. However this may he, it is the opinion of the counsel for the Commission that the lease Act under which the road is now being operated does not confer either upon the Governor or Attorney-General the right to permit, in behalf of the State, the creation of any servitude upon or easement in this property, or in any way to burden the State's title thereto. The matter should be dispose(1 of by appropriate legislative action ratifying and confirming what has been done, or such other action should he taken as the Legislature may deem proper.

DEEP \VATER TERMINALS.
Pursuant to direction of the Commission, counsel has examined the records for the purpose of ascertaining what property the State of Georgia owns on

148

J Ol'RN"AL OF THE SEXATE,

the coast which would be available for deep water terminals for the \Yestern & Atlantic Railroad. He has found and reported that there remains ungranted by the 'State a tract of about 380 acres adjoining the Military Reservation of the United State:<, known as Point Peter, and fronting for something more than a mile on the St. Mary's River. Two other small tracts haYe been found ungranted, but neither of these front on the river or on deep water. Such further investigation will be made as will seem desirable and expedient, in order to ascertain what, if any, lands fronting on Cumberland Sound, east of Point Peter Creek, remain ungranted b: the State. The Commission is now investigating the depth of the St. ::\Iary's Rinr and the surrounding waters. and intends to personally visit and inspect the properties.

ExTEKSION TO THE SEA.
In response to advertisements by the Commi8sion, inYiting propositions in reference to an extension of the State road to the sea, the Commission has, up to this date, received only one suggestion.
This was not submitted with such details as would enable the Commission to form any opinion as to its feasibility or desirability.
On ::\Iay 19th, the Commission requested in writing, more detailed information and data in regard to this proposition,, but at this date has not been supplied with the same. Under date of June 22, Mr. J. A. J. Henderson, who submitted the suggestion for himself and unnamed associates, replied to the

:\Io:~m.n, JcLY :3, 101G.

149

Commission's request of May 19th, asking until July 24th in \Yhirh to supply the necessary and requested information, and the Commission has granted his request.
Counsel has had made an exhaustive investigation of all available records in the Capitol in an effort to locate with accuracy such lands at and around Saint :Mary's, title to which may be in the State.
\Ye have also made inquiry of well-informed citizens at Saint Mary's, and in Camden County, and have also receiYed valuable information from the \Var Department at \Yashington, as to the lands owned by the Federal Government at Point Peter. From this information, and from another official source, the Commission's engineer has prepared a sketch map showing the property owned by the State at Point Peter. "'With the information referred to, together with the Coast and Geodetic Survey maps already referred to, the Commission has in hand valuable information for use in studying and reporting upon the possibility of deep \Yater terminals at Saint Mary's.
Because of the more present importance, in the opinion of the Commission, of securing data and information required in the Act concerning the Western & Atlantic Railroad proper, between Atlanta and Chattanooga, and because of the incompleteness of the only proposition received as to an extension to the sea, the Commission has not yet completed an investigation and study of the feasibility and desirability of such extension, and respectfully submits that it is not practicable at this time to make a com-

150

JouRNAL OF THE. SENATE,

prehensive report to the General Assembly on this subject.
GEXERAL Co:vr:\IE~T.
In addition to the progress and condition of the work reported under the foregoing specially named heads, the Commission is engaged in gathering data and information, much of which, because of its character, it is not deemed advisable nor required by the Act, to be included in a public report at this time. The Act of the General Assembly under which the Commission was created and is at work, directs the accumulation of a vast volume of information in regard to the State's property, and the work which the Commission has been so far engaged upon, is preparatory to the discharge of its ultimate duty, which is to make a fair and satisfactory lease of the road, upon terms advantageous to the State, or failing within a reasonable time to accomplish this result, to submit recommendation to the General Assembly touching some other disposition of the road. The Commission has been confronted with many difficulties in its efforts to secure information as to the road, required by the Act.
During the course of its investigation, members of the Commission have involuntarily, at times, wondered if there was another piece of property in this country, of such value and importance as the State road, concerning which the owners of the property had as little information and had exercised as careless supervision over, as the State of Georgia has with reference to this property; and the task im-

JUo:~TDAY, J"GLY 3, 1916.

151

posed upon the Commission of assembling full, accurate and detailed information and facts necessary in reaching satisfactory conclusions as to an aclYantageous re-leasing, or other future djsposjtion of the road, in whole or in part, has been made slo'iY and difficult by the almost complete lack of connected and satisfactory records concerning the same.
In thjs connection the Commission deems it an act of simple justice and appreciation to express here a sense of its obligations to the present lessee, and particularly to its president, ~Ir. J olm Howe Peyton, and its chief engineer, ~fr. Hunter -:\IcDonald, for their ready and valuable co-operation in its work.
The present lessee has been in possession of the road and its properties for over a quarter of a century, and is far more familiar with the physical properties of the road than is the State itself, and without the hearty co-operation afforded the Commission by it, the task of gathering such information as it now has, would have been much more difficult and expensive.
Up to this time the Commission has not felt that it was in possession of sufficiently complete and detailed information and data to justify it in reaching final conclusions as to the numerous questions involved in a wise and advantageous future disposition of the road and its properties.
The Commission, after careful consideration, has reached the conclusion that the proviso in Section 11-A, of the Lease Act, which places certain restric-

152

Jot:RNAL OF THE Sr:NATE,

tions upon the granting of trackage rights by any lessee under the Act, should be stricken.
The Commission is satisfied that this restriction would have a material effect upon the rental ''hich may be offered by any prospective lessee, if it did not altogether cause some possible bidder to refrain from submitting a bid at all. With this amendment, Section 11-A of the Act would contain substantially the same restrictions as are in the Lease Act of 1889.
Special attention is directed to the numerous encroachments upon the State's property mentioned under that portion of this report dealing with the progress of the work of the Commission assigned to counsel, some of which are of minor and others of large importance.
Among the latter are two or three concerning which the Commission asks specific legislative direction.
The Commission is of the opinion that it is not practicable for the General Assembly to investigate and give directions as to the proper disposition of each of several hundred encroachments or adverse uses, and, therefore, respectfully suggests that it be given authority and power to handle and make final disposition of all these encroachments or adverse uses, except in such cases as it has asked for specific directions.
The Commission has had its counsel draft bills concerning the two last above mentioned subjects, and these will be handed to the chairmen of the Senate and House Committees on the Western & Atlantic Railroad, with the request that they be in-

}10XDAY, JrLY 3, 1916.

153

troducecl in each House, and with the hope that the~~

may meet "With the General Assembly's favorable

consideration. The Commission is of the opinion that within a
comparatively brief period of time, it will be in pos-

session of sufficientlv full and detailed information

0



upon IYhich it \\~ill feel authorized to inYite bids for,

or O})en negotiations looking to the re-1 ease of the

road.

In its opinion it is desirable that this should be

now done at the earliest practicable elate, as the un-

expired term of the present lease is rapidly short-

ening, and in a matter of such magnitude as this, it

is vitally important to all interested, that sufficient

time be allo"Wed for provisions necessary to be made

prior to the actual. expiration of the present lease.

C. M. CANDLER, Chairman,

N. E. HARRIS,

G. GFXBY .T ORDAX,

.T. L. HAND,

E. A. CoPELAN,

\YrLLLBr A. \Yn:rmsH,

Commissioners.

Counsel.

}Ir. Lawrence, Vice-Chairman of the Rules Committee submitted the following report:

Mr. President:
The Committee on Rules recommend that the resolution to make as special order Senate Bill No. 103 for \Veclnesday, July 5, 1916, do pass.
LA"~RENCE, Vice-Chairman.

154

JouRKAL OF THE, SEKATE,

The report of the committee was adopted and the bill was ordered made the special order.
The following House resolution was read and concurred in, to wit.:
By }fr. }Ioore of HeardA resolution providing for the appointment of a
joint eommittee consisting of fiye from the House and three from the Senate to consider and report on the Yarious recommendations made by special auditor recently auditing accounts of the State.
The following House bill was read the first time,
to wit.:
By }Iessrs. "\Vohlwender, Swift and X eill of Muscogee-
~-\ bill to amend the original Act creating the City Court of Columbus.
Referred to General Judiciary Committee.

The following bills of the Senate were read the
first time, to wit.:
By ~Ir. AdamsA bill to amend the charter of the City of Gaines-
Yille.
Referred to Special Judiciary Committee.

By }Ir. Adams-
A bill to amend the general ~let for incorporation
of railroads.
Referred to Special Judiciary Committee.

::\IoXDAY, JrLY 3, 1916.

155

By Mr. PersonsA bill to authorize the County Boards of Educa-
tion to lay out and establish consolidated school districts.
Referred to Education Committee.

By ::\Ir. :MoonA bill to prohibit the sale and distribution of trad-
ing stamp coupons.
Referred to General Judiciary Committee.
Upon motion of ::\Ir. Lawrence, the Senate adjourned until "\Yednesday morning, July 5, 1916, at 11 o'clock.

156

JOURNAL OF THE SENATE,

SEX-HE CHAMBER, ATLAKTA, GA.
\Yednesday, July 5th, 1916.
The Senate met pursuant to adjoumment at 11
o'clock, A. 3.1., and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the Journal of :Jionday's session "Was dispensed with.
An invitation from the Chamber of Commerce of Athens, Ga., inviting the General Assembly to visit said city on July 1:2th, 1916, was read and accepted.
The following resolution was read and unanimously adopted, to wit. :
By :Jir. La"WrencevVHEREAS, The members of the Georgia Legisla-
ture, the Governor and his Staff, and the State House officers had accepted the invitation extended them by the City of :Jiacon to be its guests on Independence Day, to inspect the mobilization camp of the X ational Guard of this State, to review the great Preparedness Parade in that city, to participate with the commander-in-chief of the Georgia National Guard in a revie"W of the Georgia Brigade and to be on the reviewing stand with him, to be present at the presentation of a magnificent flag from the ladies

\YEDXESDAY, .JrLY 5, 1916.

157

of :\lacon to the Second Reg-iment, Infantry; to partake of a bounteous repast served by the people of ::\facon to their guests, and to otherwise participate in the day's program, and
WHEREAS, The Georgia Leg-islature, the Governor and Staff, and their friends, were the especial g-uests of :\Ir. and Mrs. Emory Winship on the lawn of their home, after the conclusion of the day's prog-ram, and there were made to feel the warmth of g-enuine hospitality; therefore, be it
REsOLVED: That the Senate of Georgia express to all our hosts in ~Iacon, and to the City of :Macon, our deep appreciation of the splendor of the occasion and for the fullness of that characteristic Georg-ia hospitality which enrywhere was unbounded; that we offer our commendation of the spirit so amply carried o-ut in the Preparedness Parade, and express our pride in and love for the Brigade of the National Guard of Georg-ia, whose mag-nificent demonstration of loyalty to the country is typical of the land of their nati,ity and upholding of all the traditions of the State which they represent in the defense of their country and in response to its call for protection when needed.

The following resolution was read and unanimously adopted, to wit.:
Joint resolution by ~Ir. Burnside of the 29th Di:;;trict and ~Ir. Turner of the 21st District.
\VHEREAS, it was the g-ood fortune of the Georgia Leg-islature to be the guests of Hon. and :\Irs. Emory

158

Jo"C"RN"AL OF THE SEKATE,

\Yinship on the afternoon of the 4th inst., in the Cit: of :\lacon, Ga.,
THEREFORE, BE IT REsOLYED by the Senate, the House concurring, that the thanks of the General Assembly of Georgia, be extended to 1Ir. and Mrs. V\:inship, for the princely entertainment tendered this body at their palatial Macon home and that this delightful host and hostess be assured that their splendid hospitality added immeasurably to the pleasure of our Yisit to their beautiful city.
RESOLYED FL"RTHER, That an engrossed copy of this resolution be sent to 1fr. and Mrs. winship.

The President appointed the following committee on part of the Senate under House Resolution Xo. 15fi, to consider and report on recommendations made by Special Auditor, to wit.:
:\Iessrs. Turner, Akin and \Yalker.

The following message >Yas received from his Excellency, the Gmernor, through his Secretary, i\[r. Jones:

ll1 r. President:
I am directed by his Excellency, the GoYernor, to deliwr to the Senate a sealed communication in writing, for which he respectfully relluests your consideration in executive session.

The following Senate bill haYing been returned to the Senate by the House, under a Resolution adopted by the Senate, was unanimously reconsidered and referred to the Education Committee, to wit.:

\YEDXESD.H, JrLY 5, 1916.

159

By }fessrs. StoYall and Bonner-
A bill to require school attendance for a minimum period, to proYide for enforcement of the same and for other purposes.

The following Senate bill was taken from General Judiciary Committee and referred to Special ,Judiciary Committee, to wit.:

By l\Iessrs. Burnside and Pickett of 11th DistrictA bill to provide for the assessment, giving, and
approval of supersedeas bonds, in certain cases.

The following Senate bills were read the second time, to wit.:

By }Jr. McCrory-
A bill to enlarge the powers and duties of the State Board of Education so as to secure the children of Georgia cheaper and better school books.

By }fr. \VayA bill to incorporate the Town of Hinesville.
}Jr. }loon, of the 37th District, Chairman of the Committee on General Judiciary, submitted the following report:

1Vlr. President :
Your Committee on General J ucliciary has had under consideration the fo11owing bi11 of the Senate and instructed me as their Chairman to report same back to the Senate with the recommendation that same do pass as amended, to-wit.:

160

JouRNAL OF THE SE~ATE,

A bill to change the time of holding the Superior Court of Troup County.
Respectfully submitted, E. T. :Moo~, Chairman.

The Senate took up for a third reading, the Special Order, being the following bill of the ~enate, to wit.:

By Mr. GillisA bill to amend Paragraph two (2) Section One
(1) Article Eleven (11) of the Constitution of this State, so as to create the County of Treutlen.

The report of the committee which was favorable to the passage of the bill was agreed to.
l~pon the passage of the bill the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Carlton, J. A. Dobbs, E. P. Doths, W. J. Fagan, T.V.

Gillis, N. L. Goolsby, B. F. Haralson, Pat Harrison, W. T. Holden, .Jno. F. Lawrence, A. A. :\Joon, E. T. l\IcCrory, C. R. :\[cFarland, J. R. Paulk, Geo. A. Paulk, M. J.

Pickett, D. C. Smith, E. M. Sto>all, A. S. J. Thomas, .J. R. Tison, :\lark Trar~. ('. C. Turner, T. R. Ward, C. A. Walker, J. D. Way. J. B.

Those voting in the negative were ::\:fessrs.-

]\linter, C. C.

"vlcLaughlin, B. F.

Those not voting were Messrs.-

Boykin, H. A. Fletcher, H. M. Ilarl"-in, T. W.

:\fangham, J. J. Peacock, Z. V. Pickett, Roscoe

Ransom, W. i\1:. Trammell, J. R. Wren, W. J.

\YEDXESDAY, JrLY 5, 1916.

161

Ayes 3'2, nays :2. The bill, having received the requisite constitutional majority, was passed.
The bill is as follows:

AMENDME~T TO CONSTITUTIOX.
A BILL to amend Paragraph Two (2) Section One (1), Article Eleven (11), of the Constitution of this State. The following amendment is proposed by the House of Representatives and Senate of Georgia to Paragraph Two (2), Section (1), Article Eleven (11), of the Constitution of this State, same being an Act to lay out and
create !1 new county from portions of :Mont-
gomery and Emanuel Counties to be named and to be known as Treutlen County with the town of Soperton as the county seat.
SEcTION 1. The General Assembly of the State of Georgia, hereby proposes to the people of Georgia an amendment to Paragraph Two (2), Section One (1), Article Eleven (11), of the Constitution of this State as follows: That in addition to the counties heretofore existing in this State, created by the General Assembly, and those created by amendments to the above and foregoing paragraph, section and article of the Constitution of this State, there is hereby created an additional county, which county when created shall be known as Treutlen County. The territory for the formation of said County of Treutlen shall be taken from the counties of Montgomery and Emanuel and the said territory so taken for the for-

162

JouRNAL OF THE. SENATE,

mation of said new County of Treutlen shall be included within the following described boundaries, to "-it.: Starting at a point on the east side of the Oconee River where Red Bluff Creek empties into the Oconee River and running up said Red Bluff Creek to a point where the River Road crosses Red Bluff Creek, thence on a straight line in a northeasterly direction to wixtrum 's Bridge on Pendleton Creek, said Pendleton Creek being the present line between Jlontgomery and Emanuel Counties, thence in a northerly direction from wixtrum 's Bridge on Pendleton Creek to Jloore's Bridge on the Ohoopee River, the public road from said 'Vixtrmn 's Bridge leading to Swainsboro being the line to said ::\Ioore 's Bridge on the Ohoopee River, thence up the run of the Ohoopee River from Moore's Bridge to :JicLemore 's Bridge where the Savannah and Dublin Public Road crosses the Ohoopee River, thence in a westerly direction along said Savannah and Dublin Public Road to where said public road crosses the county line between Laurens and Emanuel Counties; thence in a southwesterly direction along the county line between the present counties of Emanuel and Laurens to Pendleton Creek; thence along the county line between Laurens and Jlontgomery Counties to ~1ercer 's Creek; thence down Jlercer's Creek in a southerly direction to where 1fercer's Creek empties into the Oconee River; thence down the Oconee River to the mouth of Red Bluff Creek, at the starting point.
That the territory embraced in the foregoing boundary lines shall be known and be named Treutlen

\VED~ESDAY, JrLY i5, 10Hi.

163

County, and tl1e to-wn of Soperton shall be the county site of the same.
That said proposed county shall be attached to the Twelfth (12) Congressional District, to the Dublin .Judicial Circuit and the Sixteenth Senatorial District.
That all legal voters residing within the limits of said proposed County of Treutlen entitled under the laws of Georgia to vote for members of the General ~-\ ssemhly shall, on the first \Vednesday in December following the ratification by the people of this proposed amendment, elect the following officers for the said County of Treutlen; a member of the House of Representatives, an Ordinary, a Clerk of the Superior ( 'ourt, a Sheriff, a Coroner, a Tax Collector, a Tax Receiver, a County Treasurer, a County SurYeyor, a Count~r Superintendent of Public Schools. anrl three Commissioners of Roads and Revenues ;
said election to be held at Soperton, the county site,
Mcording to law. That the Superior Court of said County of Trent-
len shall he held on the third Jionda~rs of February and August of each year. That the limits of said Count~' of Treutlen, the Congressional, and State Senatorial District, the judicial circuit to which said Count~, of Treutlen is hereby attached, the terms of the Superior Court of the same shall be as designated herein until changed by law; provided, that the laws applicable to new counties, and not inconsistent or in conflict with the provisions of this Act as found in Sections 829 to 8+8 inclusive of the Code of Georgia of 1910 are hereby made applicable to said County

164

JouR~AL OF THE SE~ATE,

of Treutlen whenever said county is created, and that said county shall be subject to all laws applicable to all other counties of this State.
SEc. 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution of this State shall be agreed
to by two-thirds of the members elected to each of
the two Houses of the. General Assembly, and the same has been entered upon their Journals, with the yeas and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to, cause the above proposed amendment to be published in one or more newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general election ; and the Governor is further authorized and directed to provide for the submission of the amendment proposed for ratification or rejection to the electors of this State at the next general election to be held after said publication, at which election every person shall be qualified to vote who is entitled to Yote for members of the General Assembly. AU persons voting at said election in favor of adopting the said proposed amendment shall have written or printed on their ballot the words ''For Amendment to the Constitution Creating the County of Treutlen, '' and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words '' 4-\..gainst the Amendment to the Constitution Creating the County of Treutlen."
If a majority of the electors qualified to vote for members of the General 4\ssembly voting thereon

"'YEDXESD.H, J"CLY 5, 1916.

165

shall Yote for ratification of said proposed amendment then the Governor shall, when he ascertains same from the Secretary of State, to whom the returns of said election shall be referred in the manner as in cases for election for members of the General Assembly, to count and ascertain the results, issue his proclamation for one insertion in one daily paper of the State announcing such results and declaring the amendment ratified.
SEc. 3. 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.

The following message "\Vas received from the House through }!r. Boifeuillet the Clerk thereof:
J/ r. President: "Gnder the resolution providing for a joint com-
mittee to examine the report of the Special Auditor, the Speaker has appointed the following members as the committee on the part of the House. ~Iessrs. }foore of Heard,
Hopkins, Stark, Turner, Arnold of Clay,
By unanimous consent the following bill of the Senate was taken up for a third reading, to wit.:
By }fr. Lawrence~-\. bill to amend Section 1534 of the present Code
of Georgia, adopted by an Act of the Legislature of Georgia, approved August 15, 1910.

166

JOURNAL OF THE SExATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through :Jir. Boifeuillet, the Clerk thereof:

Mr. President: The House has passed the following joint resohi-
tion, to wit.:
Accepting an invitation to the General Assembly to go to ~Hhens on wednesday, July 12th, 1916, for the purpose of visiting the State institutions.
The following Senate resolution was read the second time, to wit.:

By :1fr. PersonsA resolution authorizing the appointment of an
additional State Depository at Macon.
The following Senate bill was read the third time and tabled, to wit.:
By :1Ir. AkinA bill to repeal certain existing laws regulating the
catching and handling of fish and oysters.
By unanimous consent Senate Resolutions Nos. 76 and 77 were withdrawn.
The following Senate bill was tabled, to wit.:

""\YEDXESDAY, JrLY 5, 1916.

1()7

By ::\fr. AdamsA bill to create a warehouse department for the
~tate of Georgia.

The following Senate bill was read the third time and tabled, to wit.:

B~ :\fr. :\loon-
A bill to amend the Constitution of Georgia by repealing Paragraph 16 of Section 7 of Article 3 of the Constitution.

The following Senate bill was taken up for a third reading, to wit.:

By :\Ir. Turner-
~\ bill to require county authorities of all the coun-
ties of this State to erect sign boards at intersection of all public roads.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
Upon the passage of the bill as amended the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The amendment was as follows :
Committee amends by striking in Section 1 in line 7, the word "six" and inserting in lieu thereof the word "two."
The following House resolution was read and concmred in, to wit. :

168

JOURNAL OF THE SENATE,

By Mr. Brown of ClarkeA resolution to accept the invitation to visit State
institutions at Athens on July 12th, 1916.
The following Senate bills were read the first time, to wit.:
By :Mr. Paulk of 6th DistrictA bill to amend an Act to provide for the leasin~
or other disposition of the western & Atlantic Hailroad.
Referred to \V. & A. R. R. Committee.

By -:\Iessrs. Dobbs and McLaughlinA hill to amend an Act to provide for leasing uf
vYestern & Atlantic Railroad.
Referred toW. & A. R. R. Committee.
By ~Iessrs. Dobbs and :McLaughlinA bill to amend an Act approved ~ovember :31),
1915, providing for the leasing of V\'estern & Atlantic Railroad.
Referred to vY. & A. R. R. Committee.

By l\Ir. ThomasA bill to abolish the County Court of \Yayne
County.
Referred to Special Judiciary Committee.

By :Yir. ThomasA bill to establish the City Court of Jesup.
Referred to Special Judiciary Committee.

\YEDXESDAY, JULY 5, 1916.

169

By :Jlr. Paulk of 6th District~-\. bill. to amend Article 7, Section 12 of the Con-
stitution so as to authorize an increase of the bonded debt of the State, for the extension of the V.lestern and Atlantic Railroad to Savannah, Brunswick, St. ~Iary's and Jacksonville.
Referred to the Constitutional Amendments Committee.

By Mr. Dobbs, by requestA bill to exempt railroad engineers from criminal
and civil responsibility along with railroads for failure to comply with provisions of Section 2675 of Civil Code of Georgia.
Referred to General Judiciary Committee.
Upon motion the Senate went into executive session at 12:30 o'clock, P.M.
The executive session was dissolved and upon motion the Senate adjourned until tomorrow morning at 10 o'clock.

170

JOURNAL OF THE SENATE,

. SENATE CHAMBER, ATLANTA, GA Thursday, July 6, 1916.
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.
By unanimous consent the call of the roll was dis. pensed with.
Mr. Minter gave notice that he would at the proper time move to reconsider the action of the Senate in passing the following bill of the Senate, to-,vit..:
By Mr. GillisA bill to amend Paragraph 2, Section 1, Article
11, of the Constitution, so as to create the county of Treutlen.
By unanimous consent the reading of the Journal oC\Yednesday 's session was dispensed with.
Mr. Minter moved to reconsider the action of the Senate on yesterday in passing the following bill of the Senate, to-wit.:
A bill to amend Paragraph 2, Section 1, Article 11 of the Constitution of this State, so as to create the county of Treutlen.
The motion was lost. Mr. l\foon, of the 37th District, Acting Chainnan of the Committee on Engrossing, submitted the following report:

THURSDAY, JULY 6, 1916.

171

Mr. President: Your Committee on Engrossing has examined and
found properly engrossed, and ready for transmission to the House, the following bills of the Senate, to-wit.:
A bill to amend Section 1534 of the present Code of -Georgia.
A bill to amend Paragraph 2, Section 1, Article 11 of the Constitution of Georgia, so as to create the county of Treutlen.
A bill to require the county authorities of all the counties of this State to erect sign boards at the intersection of all public roads.
Respectfully submitted, E. T. MooN, Acting Chairman.

The following message was received from His Excellency, the Governor, through his Secretary, Mr. Jones:
Mr. President: I am directed by His Excellency, the Governor, to
deliver to the Senate a sealed communication in writing, for which he respectfully requests your con sideration in executive session.
Mr. Adams, of the 33rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mt. President: Your Committee on Special Judiciary has had un-

172

JOURNAL OF THE SENATE,

der consideration the following bills of the Senate and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend an Act to establish a city court in the county of Hall.
A bill to repeal an Act entitled an Act to amend au Act to establish a city court in the county of Hall.
A bill to provide for giving and approval of supersedeas bonds in certain cases.
A bill to amend severeal Acts relating to and incorporating the mayor and aldermen ofSavannah.
A bill to amend the general Act for incorporation of railroads.
A bill to amend the charter of the city of Gainesville.
A bill to establish a city court in the city of Jesup, \Yayne County.
A bill to abolish the county court of Wayne County.
Respectfully submitted, J. 0. ADAMS, Chairman.

The following Senate bills were read the second time, to-wit.:
By Mr. AdamsA bill to amend an Act to establish a city court in
the county of Hall.

THURSDAY, JULY 6, 1916.

173

By Mr. AdamsA bill to repeal an Act to amend an Act to estab-
lish a city court in the county of Hall.

By Messrs. Burnside and Pickett of 11th DistrictA bill to provide for the assessment and approval
of supersedeas bonds in certain cases.

By Mr. Lawrence-
A bill to amend the several Acts relating to and incorporating the mayor and aldermen of the city of Savannah.

By Mr. AdamsA bill to amend the general Act for incorporation
of railroads.
By ~Ir. AdamsA bill to amend the charter of the city of Gaines-
ville.
By Mr. ThomasA bill to establish a city court in the city of Jesup.
By Mr. ThomasA bill to abolish the county court of vVayne Coun-
ty.
The following S~nate Bills were taken up for a third reading, to-wit.:
By Mr. MoonA bill to change the time of holding the superior
court in the county of Troup.

174

JouRNAL OF THE SENATE,

The report of the rommittee, which was favorable to the passage of the bill as amended, was agreed to.
r pon the passage of the bill the ayes were 22,
nays 0.
The bill, having received the requisite constitutional majority, was passed as amended, and the amendment is as follows:
The committee amends the caption of Senate Bill Xo. 227 as follows:
.Add in the sixth line of the caption after the word "law" and before the word "and" the following words: Said weeks to begin the last Mondays in January and ,July, and on the first and second Mondays in February and August of each year.

By 1Ir. 1fcCroryA bill to enlarge the powers and duties of the
Board of Education so as to secure for the children of Georgia cheaper and better school books.
The following substitute by the committee was offered:

SuBsTITUTE TO SENATE BILL No. 94.
A BILL
To be entitled an Act to enlarge the powers and duties of the State Board of Education by authorizing this body to have a text prepared, through purchase, royalty or otherwise and to authorize said Board of Education, by renting

TH"L"RSDAY, JULY 6, 1916.

175

or leasing the plates, to have printed another text for use in the schools of Georgia. To provide for the selection, preparation, publication, distribution and adoption of said texts, and for other purposes.
SEcTIO.:<r 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the State Board of Education at such time as may be practicable after the passage of this Act is authorized to secure through author's royalty or othenYise the manuscript text for any book taught in the common or high schools of this State for the use of the rmpils in said schools, such book to be selected by the State Superintendent of Schools.
SEc. 2. Be it further enacted by the authorit~' aforesaid, That the State Superintendent of Schools as executive officer of said Board, be and is hereby authorized to advertise in the press and in general to take such steps as may be necessary to acquire, prepare and publish the manuscript selected on the lowest satisfactory terms offered.
SEc. 3. Be it further enacted by the authority aforesaid, That the State Board of Education at such time as may be practicable after the passage of this Act is authorized to rent or lease plates and have printed another text to be used in the common or high schools, such text to be selected by the State Superintendent of Schools and the contract for publication let to the lowest satisfactory bidder.
SEc. 4. Be it further enacted, That each hidder shall furnisl1 sample copy showing approximately

176

JouRNAL OF THE SE]I"ATE,

the paper and other material to be used in the publication of said books, and shall also deposit with 'the State Treasurer the sum of two hundred clol1ars, which shall be liquidated damages, should said bidder be awarded the contract and refuse to comply with the same; but if said bid be rejected, or the bidder faithfully comply with said bid, then said money shall be returned to said bidder.
SEc. 5. Be it further enacted, That when notice of the acceptance of the bid of any publisher shall be made, that said publisher shall enter into a good and valid bond in the sum of not less than one thousand dollars for the faithful performance of said contract. Said bond shall be :filed with the Treasurer of said State after approval by said Board of Education, Suit may be brought thereon in the name of the State for any breach thereof, and said bidder shall designate some one in Fulton County, Georgia, upon whom service may be perfected.
SEc. 6. Be it further enacted, That the State shall not be l~able to any contractor for the expense of publication of said book, but such contractors shall receive their pay from the sale of said school books, as provided in this Act.
SEc. 7. Be it further enacted, That after the two texts provided for shall have been printed, arrangements shall be made for the distribution thereof through the publishers, the regular school book depositories or otherwise so that the price may be :fixed as near the cost of production and distribution as practicable.

TKCRSDAY, ,JULY 6, 191G.

177

SEc. 8. Be it further enacted, That both of said texts shall be substituted in place of similar texts now on the adopted list, which may be discontinued, by the terms of the abrogation dause in the contract for such texts, now in use, and the said texts so substituted shall be the adopted ones during the remainder of the contract period of the text for which it was substituted. The price shall be printed on the back of the books and the State regulations with regard to sale by merchants and use by teachers shall be the same as for other texts on the adopted list.
SEc. 9. Be it further enacted, That the books may be purchased in wholesale lots, at the printing plant, to save the dealer's discount and said sale shall be regulated by agreement between said State Board of Education and said publisher or publishers.
SEc. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
"Cpon the adoption of the substitute the ayes and nays were ordered.
The vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Callahan, J. W. Carlton, J. A. Eakes, W. J. Fagan, T.V.

Goolsby, B. F. Harbin, T. W. Harrison, W. T. Holden, Jno. F. Lawrence, A. A. ::\linter, C. C. :\Ioon, E. T. :YfcCrory, C. R. :'lfcFarland, J. R.

:\icLaughlin, B. F. Paulk, M. J. Pickett, D. C. Pickett, Roscoe Ransom, W. M. Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, Mark

178

J OL'R)TAL OF THE SENATE,

Tracy, C. C. Trammell, J. R. Turner, T. R.

ward, C. A. walker, J. D.

Way, J. B. ~Ir. Presitleut.

Those yoting in the negative were .:\Iessrs.-

Burnside, J. B.

Those not voting were Messrs.-

Akin, L. R. Dobbs, E. P. Fletcher, H. M.

Gillis, N. L. Haralson, Pat ;\fnngham, J. J.

l'aulk, Geo. A. Peacock, Z. V. \Vreu, W. J.

Ayes 34, nays 1.

The substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

t"pon the passage of the bill by substitute the ayes and nays were ordered.

The vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0.
Bailey, L. s.
Bonner, T. B.
Boykin, H. A.
Buchanan, \V. A.
Callahan, J. w.
Carlton, J. A.
Eakes, w. J.
Fagan, T.V.
Gillis, N. L.
Goolsb~, B. F.
HBralson, Pat

Harbin, T. W. Harrison, W. T.
Holden, Jno. F.
l\Iinter, C. c.
~foon. E. T.
~fcCrory, c. R.
~IcFarlancl, J. R. ~icLaughlin, B. F.
Paulk, M. J.
Pickett, D. C. Pickett, Roscoe Ransom, W_ M.

Smith E. M.
StoYall, A. s. J.
Thomas, J. R. Tison, Mark
'f"rap:'r (' (',
Trammell, J. R.
Turner, T. R.
\Varcl, c. A.
walker, J. D. Way. J. B. ~fr. Presitlent.

Those voting in the negative were Messrs.-

Akin, L. R.

Burnside, J. B.

Those not voting were Messrs.-

Dobbs, E. P.

Fletcher, R: M.

LaTI"rence, A. A.

Tm:RSDAY, JuLY 6, 1916.

179

:\Iangham, J. J. Paulk, Geo. A.

Peacock, Z. V.

wren, W. J.

Ayes 35, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

By :Messrs. Dobbs and BurnsideA bill to regulate the running of automobiles,
motorcycles, etc.
~Ir. Turner offered the following amendment to the above bill, which was adopted, to-wit.:
Amend at end of 4th line, Section 1 after the word vehicle, add "and stationary motor engines."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
"Gpon the passage of the bill as amended the ayes were 23', nays 6.
The bill, having received the requisite constitutional majority, was passed as amended.

By ~Ir. vVay-
A bill to alter, revise and amend the game and fish laws of the State of Georgi.a.
The report of the committee, which was favorable to the passage of the bill, 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.

180

JouRNAL OF THE SENATE,

By ~1r. walkerA bill to extend the powers of the Commissioner
of Pensions, to define his duties and for other purposes.
Mr. Walker offered the following amendment to the bill, which was adopted, to-wit.:
Amend by striking Section 7 and numbering the other sections accordingly.
The bill was tabled.
The following Senate bills were read the first time, to-wit.:

By ::\Ir. BoykinA bill to amend Code Section 2036, by striking
''fifty free holders'' and inserting in lieu thereof the words "thirty-three and one-third per cent. of registered Yoters. ''
Referred to Agriculture Committee.

By ::\Ir. BoykinA bill to make it unlawful to sell or offer for sale
commercial fertilizer in this State, unless the filler used is written or printed on the sack.
Referred to General Judiciary Committee.

By ::\Ir. \VardA bill to amend the charter of the city of Douglas.
Referred to Corporations Committee.
By :Mr. DobbsA hill to proYide for compensation for chairman

THURSDAY, JuLY 6, 1916.

181

and fix per diem for members of local board of trustees of Georgia School of Technology when on committees serving at times other than regular meeting-s.
Referred to University of Georgia Committee.

By Mr. ThomasA bill to create a State Board of Game and Fish.
Referred to Game and Fish Committee.
The following- Senate resolution was taken up for a third reading, to-wit.:

By Mr. PersonsA resolution authorizing the appointment of an
additional State Depository at Macon.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
Upon the pas'sage of the resolution the ayes were 31, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
Senate Bill No. 94 was ordered immediately transmitted to the House.
The following Senate bill was read the third time and tabled, to-wit.:
By 1fr. BonnerA bill to enlarge the powers of the State Board
of Health by providing for the preservation of the purity of waters of the State.

JouRNAL OF THE SENATE,
The following resolution was read and referred to the Committee on Rules, to-wit.:
By )fr. AdamsA resolution providing that Senate Bill No. 251 be
made a special order for July 7th, immediately after reading of the Journal.
The hour of adjournment haYing arrived, the Senate adjourned until tomorrow morning at 10 o'clock.

FRIDAY, JL"LY 7, 1916.

183

SENATE CHAM:BE:&, ATLANTA, GA.,
Friday, July 7, 1916.
'fhe Senate met pursuant to adjournment at 10 o'clock, A. :H., and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the Journal of yesterday's session was dispensed with.
::\Ir. ::\Ioon, of the 31th District, Chairman of the Committee on General Judiciary, submitted the following report :
JJlr. President: Your Committee on General Judiciary has had
under consideration the following bills of the Senate and instructed me as their Chairman to report same back to the Senate with the recommendation that same do pass, to wit.:
A bill to amend an Act to create a system of parole or conditional pardons.
A bill to create the Tifton Judicial Circuit.
A bill to repeal Section 2624 of the Civil Code creating the office of ~\ttorney to the Railroad Commission.
Respectfully submitted, E. T. :NiooN, Chairman.

184

JouRNAL oF THE SENATE,

.Jlr. Moon, of the 37th District, Chairman of the Committee on General Judiciary, submitted the following report:
Jlr. President: Your Committee on General Judiciary has had un-
der consideration the following bill of the House and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit. :
..-\. bill to amend the original Act creating the City Court of Muscogee County.
Respectfully submitted, E. T. MooN, Chairman.
.Jir. .Jioon, of the 37th District, Chairman of the Committee on General Judiciary, submitted the following report:
J!r. President: Your Committee on General Judiciary has had un-
der 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 authorize the Governor to examine into the administration of the office of sheriff in the various caunties of this State.
The committee also recommends that the following Senate bill do pass, as amended, to wit.:
A bill to amend Section 3851 of the Code of 1910. Respectfully submitted, E. T. .MooN, Chairman.

FRIDAY, J"LLY 7, 1916.

185

The following minority report was submitted from the General Judiciary Committee, to wit.:
Mr. Pres-ident:
We, the undersigned members of the Committee on General Judiciary, respectfully dissent from the unfavorable report of said committee on Senate Bill No. 235, which is a bill authorizing the Governor of the State to inquire into the condition and management of the office of sheriffs in this State and remove said sheriffs after notice and hearing for neglect of duty, corrupt conduct, or any other misfeasance, malfeasance or malpractice in office.
Respectfully submitted, H. A. BOYKIN, 17th, J. B. BuRKSIDE, 29th. July 6th, 1916.

Mr. UcCrory, of the 13th District, Chairman o! the Committee on Public Printing~ submitted the followiug report:

Mr. President:
Your Committee on Public Printing has had under consideration tlH following bill of the Senate and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit.:
A bill to enlarge the powers of Public Printing Commission.
Respectfully submitted, C. R. McCRORY, Chairman.

186

JouRNAL OF THE SENATE,

l\Ir. :McCrory, Chairman of the Committee on Public Printing, submitted the following report:
''To the Senate of the State of Georgia:
''In obedience to the resolution passed at the last session of the Senate providing as follows:
'' 'Resolved that the Committee on Public Printing be instructed to inquire into and report why the Acts of the General Assembly have grown in size and bulk since the year 190-. And what is the total amount of money paid out by the State of Georgia during the year 191-l: for public printing.'
''Your committee, after hearing evidence at several sessions, find as follows: ".e find that the type used in printing the Acts is not the type required by law. Some of the witnesses testify that the small type as prescribed in the Act of the Legislature is not now used by printers. Others testify to the contrary. vVe find that no earnest effort has been made to comply with the law as to the type used.
''we further find that too much space or padding is another cause of the large and bulky Acts of late years. We understand that the public printer is awarded the contract on the basis of the number of pages for each Act.
"We find that it is impossible to rerwrt the amount of money expended in Georgia for the year 1914 or an~ other year for public printing. we can only apnroximate and then with uncertainty. The reason is, that every department of the government most is given a lump sum and out of this they have the

FRIUAY, JcLY 7, 1916.

187

printing of their department done, and none haYe
the same system. Some let out the printing to the

lowest bidder, while some contract direct for each

job.

''Take the l'niwrsity of Georgia report and it is

like most of the others. The report of Chancellor

Barrow is as follows:

'' 'The amount expended for printing in 1914 is $1 ,88.-!5. This does not include t?~ printing of the

Agricultural College, etc.'



''Some of the colleges failed to report the amount

expended and so we report that it is utterly impos-

sible to report the amount expended in Georgia for

public printing.

'' EYery department, it seems, has its printing done

to suit the fancy of the party contracting.

"Your Committee has made diligent inquiry as to

the cost of printing in the different States of about

the population of Georgia and we find that Cali-

fornia is printing all its Acts and Court Reports at

a saving of at least 25 per cent. on the cost in Geor-

gia. Kansas, we find, is printing all of the Acts and

Court Reports and of all departments and colleges

and all necessary printing at a saving of $75,000

per year before establishing a printing plant.

"Your Committee would recommend as follows:

"First. That all printing for the State paid for by

public money, be placed under the charge of the

State Printing Committee, and if the same is paid

for by an appropriation direct, then said Printing

Committee dra\Y its warrant upon the fund so appro-

priated.

188

JouRNAL OF THE SENATE,

"\Ye further recommend that the Printing Committee let out by competitive bids all of the public printing, and that they be empowered by law to let out said printing to any printer, so as to enable all job printers to bid, and not to give all the public printing to the printer that secures the printing of the Acts, because many job printers have not such a plant and to exclude them from bidding on the pamphlets and 1printing of this kind increases the cost to the State without any benefit whatever.
''Respectfully, (Signed) "C. R. McCRORY,
''Chairman.''

}Ir. Harrison, of the 25th District, Chairman of the Committee on Engrossing, submitted the following report:
Jfr. President:
Your Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House the following bills and resolution of the Senate, to 'vit.:
A bill to enlarge the powers and duties of the Board of Education of the State so as to secure for the children of Georgia cheaper and better books.
A bill to regulate the running of automobiles, motorcycles, etc., on the public highways of this State.
A bill to alter, revise, amend the Game and Fish Laws of the State.
A bill to change the time of holding the Superior
Court in the County of Troup in the Coweta Circuit.

FRIDAY, JuLY 7, 1916.

189

A resolution authorizing appointment of addition-
al State Depository at Macon.
Respectfully submitted,
-vv. T. HARRisoN,
Chairman.

Senate Bill X o. 100 was taken from the table and placed upon the calendar.
Mr. President: The Committee on Rules having bad under con-
sideration Senate Resolution K o. 80 to make Senate Bill 251 a special order for July 7, 1916, beg leave to recommend that same do pass as amended by the committee.
Respectfully submitted, LAWREXCE of the 1st, Vice-Chairman.

The committee amended the resolution so as to make Senate Bill 251 a special order for July 10, 1916.
The report of the committee was adopted.
The following message was received from his Excellency, the Governor, through his Secretary, Mr. Jones:
Mr. President: I am directed by his Excellency, the Governor, to
deliver to the Senate a communication in writing for which he respectfully asks your consideration.
~Ir. Goolsby, Chairman of the Conference Com-

190

JouRNAL OF THE SENATE,

mittee on House Bill 52, submitted the following report:
Mr. President: Your Conference Committee appointee] hy the
House and Senate on Local House Bill ~o. 52, have agreed to all Senate amendments.
GooLSBY, Chairman. July 7th, 1916.

The follo"Wing message was received from the House, through ~Ir. Boifeuillet, the Clerk thereof:
Mr. President: The House has disagreed to the report of Con-
ference Committee on House Bill No. 52 and requests a new Conference Committee.
The Speaker has appointed as the new Conference Committee on the part of the House, Messrs. Wohlwender, Clements and Bale.
The following message was received from the House, through J.Ir. Boifeuillet, the Clerk thereof:
Mr. President: The House has passed by the requisite constitu-
tional majority the following bills of the House, to wit.:
A bill to amend an Act approved August 19, 1911, to establish the City Court of Louisville, in and for the County of Jefferson.
A bill to repeal the Act creating City Court of NashYille, Berrien' County.

FRIDAY, JT:LY 7, 1916.

191

A bill to repeal an Act entitled an Act to create and establish the City Court of Tifton, in and for the County of Tift.
A bill to amend an Act approved August 9th, 1911, entitled "An Act to divide the County of Brooks into five commissioner districts and to submit same to a vote of the people of Brooks County.
A bill to amend an Act entitled an Act to create a new charter for the City of Columbus, approved Kovember 29, 1890, so to permit a levy of a tax not exceeding two-tenths of one per cent for purpose of sewers, etc.
A bill to amend the charter of the City of Columbus so as to confer power upon the city to construct wharves and terminal facilities upon the Chattahoochee River.
A bill to fix the compensation of the County Treasurer of ::"\lacon County.
A bill to amend the Act approved July 29, 1915, creating a Board of Commissioners of Roads and ReYenues of the County of Appling.

The House has passed by the requisite constitutional majority, the following bill of the Senate, as amended, to wit.:
A bill to fix the salary of the Treasurer of Elbert County.
The House has concurred in the following resolution of the Senate, to wit.:

192

JouRNAL OF THE SENATE,

A resolution to extend thanks to Mr. and Mrs. Emory \Yinship of Macon, Ga., for the princely entertainment tendered the Genera] Assembly on the 4th inst.
The folJowing Senate bilJs were taken up for a third reading, to be put upon their passage, to wit.:
By Mr. \YayA bill to incorporate the town of Hinesville.
l\Ir. \Yay offered the following amendment, which was adopted:
Amend Senate Bill No. 208 by striking the word ''town'' wherever it occurs therein and inserting in lieu thereof the word "city".
The report of the committee, which was favorable to the passage of the bilJ, was agreed to as amended.
Upon the passage of the bill the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

By ::\fr. ThomasA bill to establish the City Court of Jesup.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
l'pon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, JrLY 7, 1916.

193

By Jfr. ~-\damsA bill to repeal an Act to amend an Act to estab-
lish a City Court in the County of Hall.
The report of the committee, which was favorable to the passnge of the hill, was agreed to.
1:pon the passage of the bill the ayes were 30, na~s 0.
The bill, hnYing- receiYed the requisite con::;titntional majority, was passed.

By Mr. Adams~-\ bill to amend an Act to establish a City Conrt
in the County of Ha1l.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
e pon the passage of the bill the ayP.S were :-30,
na~s 0.
The bill, having received the requisite constitutional majorit~, was passed.

By Mr. ThomasA hill to abolish the County Court of \Vayne
County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, na~s 0.
The bill, having received the requisite constitutional majorit~', was passed.

194

JouRNAL oF THE SE~ATE,

By )Ir. Adams-
A bill to amend the charter of the City of GainesYille.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

"Cpon the passage of the bill the ayes were 30, nays 0.

The bill, haYing receiYed the requisite constitutional majority, was passed.

The following Senate Lills were read the first time, to wit.:
By )Ir. AkinA bill to amend Section 1334, Vol. 1, of Code of
1910.
Referred to Education Committee.

By ::\Ir. Boykin-
A bill to propose an amendment to the Constitution of Georgia relating to method of selecting Judges of Superior Courts.
Referred to Committee on Constitutional Amendments.

By ::\Ir. CarltonA biJl to amend Section 14 of the Political Code
of Georgia.
Referred to General Judiciary Committee.

FRIDAY, JrLY 7, 1916.

195

B:~ )!r. AkinA bill to prohibit the manufacture and sale of cig-
arettes and for other purposes.
Referred to Temperance Committee.

By :Mr. StovallA bill to fix the time of opening and closing of
the polls at all election precincts.
Referred to General Judiciary Committee.

By )Ir. BurnsideA bill to regulate the installation and the sale of
lightning rods in this State.
Referred to Special Judiciary Committee.

B:~ )fessrs. Pickett of 11th District, Boykin and \Vay-
A bill to authorize boards of education of counties, cities, etc., to adopt school books other than regular basal elementary school books provided by the uniform text book law.
Referred to Committee on Education.

By :Mr. BoykinA bill to prohibit judges from becoming candi-
dates for offices other than judicial, while he retains the office of judge.
Referred to General Judiciary Committee.
By ~Ir. WalkerA bill to amend Paragraph 1, Section 1, Article 7,
b:~ repealing property clause in Pension Act.

196

JOL"R~AL OF THE SEXATE,

Referred to Committee on Constitutional Amendments.

The following Senate bill was taken up for a third reading, to wit.:

By ::\Ir. Persons~\ bill to amend Section 1003 of the Civil Code rel-
ative to return of property for taxation.

The report of the committee was unfavorable to the passage of the bill.

::\Ir. Persons moved to disagree to the report of the committee, and upon that question the ayes and nays were ordered.

The vote was as follows :

Those voting in the affirmative were Messrs.-

Boykin, H. A. Burnside, J. B. Fletcher, H. :M. Goolsby, B. F. Harbin, T. W. Harrison, W. T.

~I oon, E. 'f. :\IcCrory, C. R. ::\feFarland, J. R. ::\IcLaughlin, B. F. Pickett, Roscoe Smith, E. M.

Sto,all, A. S. J. Thomas, J. R. Tison, ::\Iark Tracy, l'. (. Trammell, J. R. Mr. President.

Those voting in the negative were Messrs.-

Adams, J. 0. Akin, L. R. Buchanan, W. A. Callahan, J. W. Dobbs, E. :P. Eakes, W. J.

Haralson, Pat Holden, Jno. F. Lawrence, A. A. ::\:angham, J. J. :\linter, C. C. Paulk, M. J.

Peacock, Z. V. Pickett, D. C. Tumer, T. R. Walker, J. D. iYay, J. B.

Those not v9ting were Messrs.-

Bailey, L. S. Bonner, T. B. Carlton, J. A.

Fagan, T.V. Gillis, N. L. Paulk, Geo. A.

Ransom, iV. )'f. "'ard, C. A. Wren, W. J.

Ayes 18, nays 17.

FRID.\Y, JrLY 7, 1916.

197

The unfavorable report was disagreed to. At 1:2 :-3 o 'dock, P. :\I., the Senate went into executive session.
The executi\'e se"swn was dissolved.
The follo\Ying resolution was read and adopted, to -wit.:

B~ :\[r. HarrisonThat when the Senate adjourns today, that it
stand adjourned until :\fonday morning at 11 o'clock.
The hour of 1 o'clock, P. :\I., having arrived, the Senate adjourned until :\Ionday, July 10, 1916, at 11 o'clock, ~.\.. :\I.

Hl8

JouRKAL OF THE SEXATE,

SEXATE CHAM:BER, ATLA:XTA, GA.,
:Monday, July lOth, 1916.
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. By unanimous consent the call of the roll was dispensed with. By unanimous consent the reading of the Journal of Friday's session was dispensed with. The following message was received from his Excellency, the Governor, through his Secretary, ~Ir. Jones:
Mr. President: I am.directed hy his Excellency, the Governor, to
deliver to the Senate a sealed communication for which he respectfully requests consideration in executive session.
'fhe following message from the Governor was read, to wit.:
STATE OF GEORGIA. EXECUTIVE DEPART~1ENT.
Atlanta, Ga., .July 7, 1916.
To the General Assembly of Georgia: "Cnder a joint resolution of the Senate and House,
approved August 14, 1914, a commission was au-

JfOXDAY, JULY 10, 1916.

JD9

thorized, to consist of three members to be appointed by the Governor, the President of the Senate and the Speaker of the House acting jointly, whose duty it was to make a report to the next session of the General ~~ssembly on the registration of land titles in this State.
This commission was duly appointed, consisting of R. 1\. Holtzclaw, S. Jforton Turner and Arfhur G. Powell, and, after much labor and investigation, prepared and made a report to the summer session 1915 of the General Assembly with the draft of a bill to carry into effect the recommendations of the commiSSIOn.
This bill \\as introduced, and is now pending in the present House.
The resolution aforesaid contained the following prOVISIOn:
"Resolved, further, That when !';Hid work shall have been done by said commissioners, the Governor of this State, acting jointly with the Attorney-General, shall, after such investigation as they desire to make, recommend to the next Genera1 Assembl~v what, in their judgment, would be just. compensation for such work, which next General Assembly may then act in the premises.''
The said commission appeared before the Governor and Attorney-General and made statements concerning the amount of work done, the time occupied, and the results achieved; and, after an investigation, the Governor and Attorney-General agreed to recommend to your body the payment of the sum

200

Jo-c-RNAL OF THE SENATE,

of one thousand dollars as compensation for the work done hy said commission, besides the stenographic expense of seventy-five dollars, as will appear by the annexed account, to which the attention of rour body is respectful]~ called, and which account has been approwd as relluired by the resolution aforesaid.
It "as shown that very much work and investigation had been done concerning the matter, as well in the gathering of faets and data, stud~ing of the law in other States, as in the preparation of the bill which was introduced and which aceompanied the rPport made to your body at the sunnner session, of 1915.
Respectfully submitted, K. E. HARius, Governor.

State of Georgia
To R. X. Holtzclaw, K ::\lorton Tnrner and A. G. Powell, Dr.
To seiTieeR performed by the above named as commissioners appointed under the Act approved August 1-!th, H11-l-, for the purpose of investigating, considering and reporting to the General Assembly a means for the more efficient and expedient methol for the registration of land titles in this State ~as per smn agreed on in conference with the Governor and the Attorney-General) ----------------$1,000.
For stenographic senTices in preparation of said report (payable to George Camphell) ______$ 7i).
Xote to the foregoing:
The commission was engaged in the preparation

:Jlmm.H, ,J"GLY 10, 1916.

201

of this work for approximately two months. The work involved a wide range of investigation and the committee held a number of sessions in Atlanta of a public nature, besides which various members thereof spent considerable time in individual work upon the various phases of the bill; and in the final draft of the bill, after its general features had been agreed upon by the commission, one of the members of the commission, as a sub-committee, spent practically the entire time of ten days, working many of the days until midnight, in order to put the report into such shape as was necessary in order to present the matter efficiently to the General Assembly. The commission has, in pursuance of the provision of the resolution above recited presented a statement of its services to the Governor and to the AttorneyGeneral who have investigated the matter and have :finally, after conference, agreed on the above amount.
I consider the sum of $1,000 a minimum fee for the services rendered by this committee and I recommend that said sum be :fixed as their compensation and approve the payment of this bill. July 6, 1916.
(Signed) CLIFFORD WALKER, Attorney-Genera1.
I concur in the above.
July 7, 1916. (Sig.) K E. Harris, Go-vernor.

:Jir. \Yard, of the 5th District, Acting Chairman of the Committee on Engrossing, submitted the following report :

202

JOURNAL OF THE SEXATE,

Mr. President: Your Committee on Engrossing has examined and
found properly engrossed and ready for transmission to the House, the following bills of the Senate, to wit.:
A bill to incorporate the City of Hinesville.
A bill to amend an Act to establish a City Court in the County of Hall.
A bill to repeal an Act to amend an Act to establish a City Court in the County of Hall.
A bill to amend the charter of the City of Gainesville.
A bill to abolish the County Court of wayne County.
A bill to establish a City Court in the City of Jesup, \Vayne County.
Respectfully submitted, c. A. vVARD, Acting Chr.

}fr. .Akin, of the 4th District, Chairman of the Committee on Finance, submitted the following report:
Mr. Ptesident: Your Committee on Finance has had under consid-
eration 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 pass, to wit.:
A bill to provide for the prompt payment of pen-

)fONDAY, JULY 10, 1916.

203

sions by authorizing the issuance of the Governor's warrants and the sale of the same.
Respectfully submitted, L. R. AKIN, 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:
tional majority the following bills of the House, to wit.:
A bill to amend an Act incorporating the town of Tignall, in the County of "'\Vilkes.
A bill to amend the charter of the town of Lennox, in the County of Berrien.
A bill to abolish the office of County Treasurer of Berrien County.
A bill to abolish the office of Treasurer of Turner County.
A bill to abolish the office of County Treasurer of the County of Appling.
Upon request of Mr. Tracy, the following House resolution, which was unfavorably reported, was placed on the calendar for second reading, to wit.:
Bv Mr. Harris, of WashingtonA resolution appropriating sufficient :funds to
pay ordinaries for pension work in 1915.
The fo1lowing joint resolution was read and tabled, to wit.:

204

J O"C"RNAL OF THE SENATE,

B~ )Jr. Eakes, of 27th DistrictA resolution calling upon our representatives in
Congress to institute an imestigation with the \Var Department at \Vashington, to ascertain the cause of laxity in supplying the State troops now in camp at )lacon, Ga., with the necessities and equipment.
The following House bill was read the second time, to wit.:
By )fessrs. \Vohlwender, Swift and XeillA hill to amend the original Act creating the City
Court of Columbus, for )luscogee County.
The following Senate bill was withdrawn from the Finance Committee, read the second time, and recommitted to said committee, to wit.:

By )fr. StovallA hill to' repeal an Act approved August lth,
1013, to regulate tax returns, to ereate a Board of Tax Assessors and for other purposes.
The follo\Ying Senate hils were read the first time, to wit.:
By }fr. LawrenceA hill to provide for the relief of the Appellate
Courts of this State.
Referred to General .Judiciary Committee.

By ::\Ir. HaralsonA bill to amend Section 22-l-+ of the Code of 1910.
Referred to General Judiciary Committee.

~fOXDAY, .JULY 10, 1916.

205

By ~Ir. FletcherA bill to provide regular instructions of school
children in worth of hygiene.
Referred to Committee on Education.

By ::\Ir. Akin~-\ hill to nme11d Section 16, Vol. 1, of the Code.
Referred to Committee on State of Republic.
By ::\Ir. EakesA bill to create the office of Purchasing Agent and
Superintendent of Public Printing.
Referred to Public Printing Committee.
The following bills of the House, were read the first time, to wit.:
By J\Ir. TurnerA bill to amend an Act to divide the County of
Brooks into five commissioner districts.
Referred to Committee on Counties and County ::\Iatters.

By :J1r. Johnson of ApplingA hill to amend the Act approved July 29, 1915,
creating a Board of Commissioners of Roads and Revenues of the County of Appling.
Referred to Committee on Counties and County
~ratters.

By ::\Ir. Young of Tift..:\ bill to repeal an Act to create the City Court of
Tifton.

206

JouRXAL OF THE SE~ATE,

Referred to Corporations Committee.

By -:\Ir. King of JeffersonA bill to amend an Act to establish the City Court
of Louisville.
Referred to Special J ucliciary Committee.

By -:\Ir. Knight of Berrien~\ bill to repeal an Act creating the City Court of
X ashville.
Referr~d to General Judiciary Committee.

By -:\Iessrs. Green and Anderson of WilkesA bill to amend the charter of the town of Tignall.
Referred to Corporations Committee.

By -:\Iessrs. Swift, Neill and W ohlwenderA bill to amend an Act to create a new charter
for the City of Columbus.
Referred to Corporations Committee.

By -:\Ir. KnightA bill to amend the charter of the town of Lennox. Referred to Corporations Committee.

By 1Ir. Hutcheson of TurnerA bill to abolish the office of Treasurer of Turner
County.
Referred to Committee on Counties and County Matters.

~lOXDAY, JULY 10, 1916.

207

By Messrs. Swift, Keill and \VohlwenderA bill to amend the charter of City of Columbus.
Referred to Committee on Corporations.

By Mr. Johnson of ApplingA bill to abolish the office of County Treasurer
of the County of ~\ppling.
Referred to Special Judiciary Committee.

By l\fr. Brooks of MaconA bill to fix the compensation of the County Treas-
urer of ::\lacon County.
Referred to the Counties and County -:\Iatters Committee.

By ::\Ir. Knight-
A hill to abolish the office of County Treasurer of
Berrien County.
Referred to the Counties and County :Matters Committee.
The following joint resolution was read the first
time and referred to the Special Committee on the
controversy between citizens of certain counties of North Georgia and the Tennessee Copper Co., to wit.:
By ::\Ir. Haralson of 40th DistrictA resolution to authorize and direct the Governor
to enter into a new contract with Tennessee Copper Co. as of October 1st, 1916, and to prescribe the terms of such contract.

208

.lO"LRXAL OF THE SEXATE,

The following resolution was read and referred to Rules Committee, to wit.:
By ~Ir. Pickett of 11th DistrictA resolution providing that Senate Bill 2-!3 be
made a special and continuing order for Thursday, July 1:Hh, immediately after confirmation of the Journal.
The following Senate bill was read the second time and recommitted to General .Judiciary Committee, to wit.:
By ~Ir. PersonsA hill to repeal Section 262- of the Civil Code cre-
ating the office of Attorne~ to the Railroad Commis-
sion.
The following special order, being Senate Bill 251, was taken up for the third reading, to wit.:
By ~Ir. Adams.\ bill to amend the general Act for incorporation
of railroads, and for other purposes.
~fr. Persons offered the following amendment, which was adopted, to wit.:
By adding the following to Section 24 thereof:
Provided, That the provisions of this Act shall neYer he construed to affect, change or repeal the provisions of the Act of the General Assembly, apprond August 11, 1915, prohibiting the paralleling of the \Vestern & Atlantic Railway so long as the same remains the property of this State. And the Secretary of State in issuing any proposed charter

.JioxD~\ Y, .reLY 10, 191o.

209.

under the prmisions of this ~\ct ~hall be controlled aml gonrned hy the }WOYision:;; of said Act appro,ed August 11, 19};'5, in so far as said \"Vestern & ~\. tlantic Railway may he affected, or any otl;~r rai hYay line or transportation system tlmt may hereafter he acquired or O\Yned h~- this State.
The report of the committee, which was favorable
to the passage of the bill, \\as agreed to, as amended.
Cpon the passag-e of the bill the ayes were 28, nays 0.
The hill, haYing receind the requisite constitutional majority, was passed, as amended.

The following Senate hill was taken up for a third reading, to W"i t. :

By .Jir. Persons-
A bill to amend Section 1003 of Civil Code, rela-
tiYe to return of property for taxation.

.Jir. Eakes moved to tnble the bill and upon this question the ayes and nays were ordered and the Yote W"as as follows:

Those voting in the affirmative were :Messrs.-

Adams, J. 0. Akin, L. R Bailey, L. S. Carlton, .J. A. Dobbs, E. P.

Eakes, W. J. Haralson, Pat Holclen, .Jno. F. :\linter, C. C. :\lc.l-'arlanrl, J. R

Paulk, :i\1. J. Trae_,-. C. C. Walker, J. D. Way, J. B. \\'ren, W. J.

Those voting in the negative were :Messrs.-

Bonner, T. B. Boykin, H. A. Burnside, J. B.

Callahan, J. W. Fagan, T.V. Fletcher, H. ~I.

Goolsb~, B. F. Harbin, T. IV. Harrison, W. T.

210

J O"GRNAL OF THE SENATE,

i\Ioon, E. T. McCrory, C. R. McLaughlin, B. F. Peacock, Z. V.

Pickett, D. C. Smith, E. M. Stovall, A. S. J.

Tisun, ~Iark Trammell, J. R. Ward, C. A.

Those not voting were Messrs.-

Buchanan, W. A. Gillis, N. L. Lawrence, A. A.

"Iangham, J. J. Paulk, Geo. A. Pickett, Roscoe

RRnsom, W. :\f. Thomas, J. R. Turner, T. R.

Ayes 15, nays 19.

The motion was lost.

rpon motion of ::\Ir. Persons, the session of the Senate was extended until the pending bill was disposed of.

::\Ir. Pickett of the 11th District, moYed to indefinite!~ postpone the bill, and upon this motion the ayes and nays were ordered. The vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Callahan, J. W. Carlton, J. A. Dobbs, E. P.

Haralson, Pat Holden, Jno. F. La"rence, A. A. :\linter, C. C. Paulk, ~I. J. PeRcock, Z. V.

Pickett, D. C. Tracy. ('. C. walker, J. D. Way, J. B. iVren, ii'. J.

Those voting in the negative were Messrs.-

Bonner, T. B. Boykin, H. A. Burnside, J. B. Eakes, iV. J. Fagan, T. V. Fletcher, H. M.

Goolsby, B. F. Harbin, T. W. Harrison, W. T. :\toon, E. T. J'.fcCrory, C. R. :\IcFar!and, J. R.

:\IcLaughlin, B. F. Smith, E. ]'.f. Stovall, A. S. J. Tison, ~lark Trammell, J. R. Ward, C. A.

)JOXDAY, .J"C"LY 10, 1916.

211

Those not voting were Messrs.-

Buchanan, W. A. Gillis, X. L. l\Iangham, J. J.

Paulk, Geo. A. Fi<"kPtt, Roscoe Ransom, W. :\f.

Thomas, J. R. Turner, T. R.

~\yes 17, nays 18.

The motion was lost.

)Ir. Burnside offered the following amendment, to wit.:

.Amend by adding the following proviso at the end of Section 2, ''Provided, That the provisions of this .Act shall not apply to notes given banks which have made a fair return of their capital stock, surplus and undivided profits."

Upon this amendment the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Burnside, J: B. Callahan, J. W.

Dobbs, E. P. :\linter, C. C.

Peacock, Z. V.

Those voting in the negative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Carlton, J. A. Eakes, W. J. Fagan, T.V. :Fletcher, H. M. Goolsby, B. F. Haralson, Pat

Harbin, T. W. Harrison, W. T. Holden, Jno. F. Lawrence, A. A. :\foon, E. T. McCrory, C. R. :\lcFarland, J. R. :McLaughlin, B. F. Paulk, M. J. Pickett, D. C.

Smith, E. M'. Stovall, A. S. J. Tison, Mark Tracy, L'. C. Trammell, J. R. Ward, C. A. Walker, J. D. Way, J. B. Wren, W. J. Mr. President.

212

,TOl:RXAL OF THE SEXATE,

Those not voting were Messrs.-

Buchanan, \Y. A. Gillis, N. L. :Mangham, J. J.

Paulk, Geo. A. Pickett, Roscoe Ransom, W. ::\I.

Thomas, .J. R. Turner, T. R.

Ayes 5, nays 31.

The amendment was lost.

B~ unanimous consent, the President of the Senate vms a!lowed to vote upon this question.

rpon the passage of the hill the ayes and nays were ordered and the Yote was as follow~:

Those Yoting in the affirmative were Jlessrs.-

Bailey, L. S. Bonner, T. B. Boykin, H. A. Eakes, "W. ,J. Fagan. T. Y. Fletcher, H. 1\I. Goobb~. B. F.

Harbin, T. W. Harrison, W. T. :\I non, E. T. :::lfcCrory, C. R. :\lcFarland, J. R. :'llcLaughlin, B. F. Smith, E. M.

StoYall, A. S. J. Tison, :\lark Tr:~t'y. <. C. Trammell. J. R. \Yard, C. A. Mr. President.

Those voting in the negative were Messrs.-

Adams, J. 0. Akin, L. R. Burnsiue, .J. B. Call~h:m. J. W. Carlton, J. A. Dobbs, E. P.

Haralson, Pat IIol<len, .Tno. F. Lawrence. A. ~-\.. :\linter, C. C. Paulk, ::II. J.

PearMk, Z. Y. Pickett, D. C. \Valker, J. D. Way. J. B. \Vren. \Y. J.

Those not voting were :3Iessrs.-

Buchanan, W. A. Gillis, X. L. :Mangham, J. J.

Paulk, Geo. A. Pickett, Roscoe Ransom, W. ::II.

Thomas, J. R. rurner, T. R.
'

Ayes 20, nays 16.

By unanimous consent the President of the Senate was allowed to vote upon this bill.

:MoxmT, .JcLY 10, 1916.

213

The bill, haYing failed to receive the requisite constitutional majority was lost.
Mr. Boykin gave notice that a.t the proper time he would move to reconsider the action of the Senate in defeating the above bill.
The Senate adjourned until tomorrow morning at 10 o'clock.

214

SENATE CH.UIBER, ATLANTA, GA.
Tuesday, July 11, 1916.

The Senate met pursuant to adjournment at 10 o 'c.lock A. 11., and was called to order by the President.
Prayer was offered by Senator McFarland of the 44th District.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the Journal of yesterday's session was dispensed with.
1Ir. Pickett of the 41st District moved to reconsider the action of.the Senate in failing to pass the following bill of the Senate, to-wit.:
By :Mr. PersonsA hill to amend Section 1003 of Civil Code relative
to return of property for taxation.
Upon this motion the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Bailey, L. S. Bonner, T. B. Boykin, H. A. Eake!l, W. J. Fagan, T.V. Fletcher, H. M. Goolsby, B. F.

Harbin, T. W. Harrison, W. T. Lawrence, A. A. :\foon, E. T. McCrory, 0. R. Md'arland, J. R. Pickett, Roscoe

Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, Mark
Tracy, c. c.
Ward, C. A.

TuESDAY, J"l"LY 11, 1916.

215

Those voting in the negative were Messrs.-

Adams, J. 0. Akin, L. R. Burnside, J. B. C:a.llahau, J. W. Carlton, J. A. Dobbs, E. P.

Gillis, N. L. Haralson, Pat Holden, .Tno. F. :.\linter, C. C. Paulk, ::.\L J.

Peacock, Z. V. Pickett, D. C. Walker, J. D. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Buchanan, W. A. :i'.1angham, J. J. McLaughlin, B. F.

Paulk, Geo. A. Ransom, W. :.\I.

Trammell, J. R. Turner, T. R.

Ayes 20, nays 16.

The motion preYailed and the bill was reconsidered.
Mr. Moon, of the 37th District, Acting Chairman of the Committee on Engrossing, submitted the following report :

Jl1r. President:
Your Committee on EngTossing has examined and found properly engrossed and ready for transmission to the House, the following bill of the Senate, to-wit.:
A bill to amend the.general Act for the incorporation of railroads and for other purposes.
Respectfully submitted, E. T. MooN, Acting Chairman.

Mr. Peacock, of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

216

JOURNAL OF THE SE~ATE,

Jl r. President: Your Committee on Corporations has had under
consideration the following bills of the Senate and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
.-\ hill to amend the charter of the city of Douglas, Georgia.
The committee also has had under consideration the following hills of the House, which I am instructed back to the Senate with recommendation that the same do pass, to-wit.:
A bill to repeal an Act entitled an Act to create and establish the City Court of Tifton in and for the county of Tift and for other purposes.
A bill to amend an Act incorporating the town of Tignall, in the county of wilkes, and for other purposes.
A bill to amend an Act entitled an Act to create a new charter for the city of Columbus.
A bill to amend the charter of the town of Lennox in the county of Berrien, and for other purposes.
A bill to amend the charter of the city of Columbus.
Respectfully submitted, Z. V. PEAcocK, Chairman.
~Ir. Harrison, of the 25th District, Chairman of the Committee on Education, submitted the following report:

1ll r. President: Your Committee on Education has had under con-
sideration the following bi 11 of the Senate and instructed me as their Chairman to report same back to the Senate "ith the recommendation that same do pass by substitute, as amended, to-wit.:
A bill to require school attendance for a minimum period, to provide for the enforcement of the same, and for other purposes.
Respectfully submitted, \Y. T. HARRrso~, Vice-Chairman.
The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof:
111r. President: The House has adopted the following resolution,
in which the concurrence of the Senate is asked:
A resolution providing that a special committee be appointed to consist of two from the House and one from the Senate, who, together with the Adjutant-General and Judge-Advocate-General of the ).filitary Department, shall prepare a bill to recodify the military laws of this State.
The fo1lowing resolution \Yas read and referred to Committee on Rules, to-wit.:
By ::\Ir. PeacockA resolution providing that Senate Bill Xo. 220
be made a special and continuing order on Thursday, July 13th, immediately after the confirmation of the Journal.

218

Jo"LR~AL oF THE SEXATE,

The following resolution was read and adopted, to-wit.:
By :Jfr. :JicCroryA resolution providing for a new standing com- .
mittee of the Senate, to be kno\\n as the Committee for the State Tuberculosis Sanitarium.
The following resolution was read and adopted, to-wit.:
B~~ :Jir. :JicFarlandA resolution requesting President wilson to ]o-
cate a nitrate plant for manufacturing ingredients for munitions of war, at :Jfussels Shoals, Alabama.
The following message was received from the House through :Nir. Boifeuil1et, the Clerk thereof:

Jlr. President: The House has passed by the requisite constitu-
tional majority the fol1owing bi1ls of the House, towit.:
~~ bill to establish a Board of Examiners in Optometry in the State of Georgia.
A bill to require all purchasers of cotton seed in the State of Georgia, to keep a record thereof, showing description, seller, date of purchase and quantity purchased.
A bill to amend an Act creating :Jiunicipal Court of Atlanta.
A bill to amend the charter of the town of :Jtlillto\\n, in the county of Berrien.

TrEso.w, JrLY 11, 1916.

219

A bill to establish a county depository for county funds of Turner County.
A bill to amend an Act establishing the City Court of Ashburn, in the county of Turner.
A bill to repeal au Act creating Board of County Commissioners of county of Bryan.
A bill to create the office of Supervisor of Roads and ReYeuues for the county of Bryan.
A bill to repeal an Act creating a system of public schools in the town of Hiram in the county of Paulding.
A bill to abolish the office of County Treasurer of Madison County, Ga.
A bill to authorize the County Board of Education of Richmond County to issue one hundred thousand dollars of bonds for erecting Girls' High School.
A bill to fix the salary of the Treasurer of Clay County at $125.00 per_.annum.
A bin to create a Board of Commissioners of Roads and Revenues for the county of 'Wheeler.

A bill to repeal an Act to provide for the creation of County Commissioners of Wheeler County.

The House has adopted the following resolution-", to-wit.:

A resolution authorizing the Governor to take steps in settling boundary disputes between counties of this and other States.

220

JouRXAL OF THE SEXATE,

~\ resolution directing State Librarian to furnish Clerk of the Superior Court of Jenkins County with law books and Acts of Legislature.
The following Senate bi11s were read the first time, to-wit.:

By :Jiessrs. :JicLaughlin and BurnsideA bill to require the approYal by the Railroad
Commission of this State of the construction or operation of duplicate public utilities.
Referred to General .Judiciary Committee.

By :Jir. Lawrence-
A bill to alter, amend antl revise the several laws
relating to and incorporating the mayor and aldermen of the city of Savannah.
Referred to Special .Judiciary Committee.

By :Jir. \Yalker-
A bill to amend Paragraph 1, Section 7, Article 7,
of the Constitution, so as to authorize counties and incorporate towns and cities to borrow money, etc.
Referred to Constitutional Amendments Committee.

By 1Ir. EakesA bill requiring ordinaries of the several counties
to keep accurate record of express companies and other persons making delinry of whiskey.
Referred to Finance Committee.

TeESDAY, .TeLY 11, 1016.

221

By :Jir. StovallA bill to regulate the appointment of guardians
and administrators in certain cases.
Referred to General Judiciary Committee.

By Mr. Haralson~\ bill to amend Section 323 of Code of 1910.
Referred to General Judiciary Committee.

By :Jir. BonnerA bill to amend Section 2931 of Volume 1 of the
Code.
Referred to General Judiciary Committee.

The following resolution was taken from the table and read the second time, to-wit.:
By Mr. EakesA resolution calling upon our Representatives in
Congress to investigate and ascertain from the vVar
Department at vYashingion, the cause of laxity in
fumishing certain necessities to the camp of the Xational Guard at .:\Iacon, Ga.
The resolution was lost.
The following Senate bill was read the second time, to-wit.:
By :Jir. PersonsA bill to amend an ~let to create a system of parole.
The following Senate bills were taken from the Committee on \Vestem & ~ltlantic Railroad, read

222

Jo-cRKAL oF THE SEKATE,

the second time and recommitted to said Committee, to-wit.:

By Messrs. Dobbs and McLaug-hlin-
A bill to amend an Act approved November 30, 1915, providing- for the leasing- of the \Yestern & Atlantic Railroad.

By Messrs. Dobbs and McLaug-hlin-
A bill to amend an Act approved ~ovember 30,
1915, providing- for the leasing- of the vr. & A. R. R.

By Mr. Paulk of the 6th DistrictA bill to amend an Act to provide for the leasing
of the W. & A. R. R.
The following Senate bills were read the second time, to-wit.:

By Mr. w-alkerA bill to provide for the prompt payment of pen-
sions.

By }Ir. TisonA bill to organize the Tifton Judicial Circuit.

By Mr. AdamsA bill to enlarge the powers of the Commissioners
of Public Printing-.

By Mr. LawrenceA bill to amend Section 3851 of the Code of 1910.
The following Senate bill was taken from the

TcESDAY, .JuLY 11, 1916.

223

General Judician' Committee, read the second time and recommitted to said committee, to-wit.:

By Mr. Haralson-
A bill to amend Section 2244 of the Code of 1910.
:Yir. Tracy, of the 12th District, Chairman of the Committee on State of Republic, submitted the following report :

klr. President: Your Committee on State of Republic has had un-
der 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 pass, to-wit.:
A bill to amend Section 16, Volume 1 of the Code of Georgia.
Respectfully submitted, C. C. TRACY, Chairman.

The following message was received from His Excellency, the Governor, through his secretary, ~Ir. Jones:

J!r. President: I am directed by His Excellency, the Governor, to
deliver to the Senate a communication in writing, for which he respectfully asks your consideration.
The following message from the Governor was read, to-wit.:

224

J Ot."RXAL OF THE SEXATE,

ATLAXTA, GA., .July 11, 1916.
1'o the General Assembly of Georgia:
A moYement has been started by some of the older States of the lTnion to secure from the X ational GoYernment an allotment of lands from the public domain to the older States to equalize the lands heretofore granted for school purposes to the States formed subsequent to 1803. The history of these school lands is briefly stated as follows:
'' ln the early history of the country, beginning with the admission of Ohio in 1803, one section out of eYery township was rcsen-ed to the States for the maintenance of public schools. This was continued until 1833, "~hen in the Act organizing the Territory of Oregon there was rese1Ted an additional section. Since this time every State coming into the Union has had two sections resernd for school purposes-Rections 16 and :1:2.
"The State of Georgia did not receive either of these sections or their equiYalent. The same is true of a number of the older States. The States admitted between 1803 and 1853 received only one section. Therefore, if an equalization could he hrought ahout. putting tl1e older States on an equalit~~ with the newer States, some of the older ones wonlcl haw the eCJuivalent of one section for every township and some the equivalent of two sections.''
Tl1e entire clomain out of which the newer States were carved having been the property of the original States, it wonlcl seem reasonable that tho~e States should at least have shared with the new States in

TrESDAY, JrLY 11, 1916.

225

the distribution of lands reserved for school purposes, e\en though the allotted lands were in the new States themselves.
The purpose is, as above stated, to have the National Government allot to each State a sufficient part of the remaining public lands to give it, in proportion, as much as those States which received the benefit of two sections out of each township, that is, the States organized since 1853. This \vould seem to he equitable and jnst, and the movement shouhl have a fair chance to receive the approval of the National Congress.
I respectfully suggest to the General Assembly that certain gentlemen at Washington, learned in the law, have proposed to undertak~ the pushing of this matter on the basis of a contingent compensation in a sum not to exceed ten per cent. of the amount of any sum recovered for and paid to the State of Georgia on such behalf, provided that no obligation shall be due from or binding upon the State of Georgia until said money recovered by the counsel or agent so employed shal1 be actually paid into the Treasury of the State of Georgia, or the property secured passes into the possession of the State of Georgia; and provided, further, that the State of Georgia shall not, at any time, or under any circumstances, be held liable for any cost or expense whatsoever, in, for, or about the said claim, or for the prosecution or collection of such claim, and all of the rosts and expenses necessary and proper therein to be paid and discharged by the

2:26

J OVRXAL OF THE SEXATE,

agents or counsel so employed at their own proper cost and expense.
~-\.fter investigation of the matter, and especially of the parties who are pushing it in behalf of other States, and who would probably be the best parties to represent Georgia in the matter, I would advise that the State take the necessary steps to join in this movement. No expenses will be entailed upon the State in any event, and an immense advantage for our common schools may be derived from the successful prosecution of the cause. Your early attention is earnestly invoked.
For the information of your bodies I will say that I h:'lve received letters from half the members of the Georgia delegation in the Xational Congress asking that tl1is matter be investigated and the movement undertaken if deemed advisable.
Respectfully submitted,
JY~ot~ Governor.

The President appointed the following Senators as members, on part of the Senate, of the Conference Committee upon House Bill Xo. 52, to-wit.: :Yiessrs. Bonner,
Way, Callahan.
~Ir. Lawrence, Chairman Ex-Officio of the Committee on Rules, submitted the following report, towit.:

TuEsDAY, J"L"LY 11, 1916.
The Committee on Rules recommends that Senate Bills 245, 220 and 146 be made special and continuing orders in the order named immediately after the confirmation of the Journal on Thursday, July 13'th.
Respectfully submitted, LAWRENCE, Chairman.
The report of the committee was disagreed to.
The President appointed the following Senators as members of the Standing Committee on State Tuberculosis Sanitarium: 1\Iessrs. McCrory, Chairman;
Stovall, Vice-Chairman; Bonner, Paulk, of 6th District; Gillis, Minter, Holden.
The following message was received from His Excellency, the Governor, through his Secretary, Mr. Jones:
Mt. President: I am directed by His Excellency, the Governor, to
deliver to the Senate a sealed communication, fo~ which he respectfully asks consideration in executive session.
The following House bills were read the first time, to-wit.:
By -;\lr. Hutcheson of TurnerA bill to amend an Act establishing the City Court
of Ashburn.-

228

Jo"C"RNAL oF THE SENATE,

Referred to the Special Judiciary Committee.

By ~Ir. Baggett of PauldingA bill to repeal an Act entitled an Act to estab-
lish a system of public schools in the town of Hiram.
Referred to the Committee on Education.

By }Iessrs. Olive, Beall and woodward of Richmond. A bill to authorize the County Board of Education
of Richmond County to issue one hundred thousand dollars of bonds for the purpose of erecting a girls' high school.
Referred to Education Committee.

By :Jir. Arnold of ClayA hill to fix the salary of the Treasurer of Clay
County.
Referred to the Counties and County Matters Committee.

By Mr. Edwards of BryanA bill to repeal an Act entitled an Act to provide
for the creation of a Board of County Commissioners of the county of Bryan.
Referred to the Counties and County Matters Committee.

By :Jlr. Brown of WheelerA hill to repeal an Act to provide for the creation
of County Commissioners of \Yheeler County.
Referred to the Special Judiciary Committee.

TcEsD.n, J1:LY 11, 1916'.

229

By ::.\lessrs. Hines and Lane of TroupA bill to require all purchasers of cotton seed in
the State of Georgia to keep a record thereof.
Referred to the Agriculture Committee.

By ::.\lr. Brown of WheelerA bill to create a Board of Commissioners of
Roads and Revenues for the county of Wheeler.
Referred to the Special Judiciary Committee.

By ::.\lr. Thompson of ::.\ladisonA bill to abolish the office of County Treasurer of
::.\Iadison County; the creation of a county depository for said county.
Referred to Counties and County :Matters Committee.

By 1Iessrs. Blackburn, Atkinson and Andrews of Fulton-
A bill to amend an ..~. ct creating the Municipal Court of Atlanta.
Referred to Special Judiciary Committee.

By :J:lr. Knight of Berrien~-\. bill to amend the charter of the town of Mill-
town, in the county of Berrien.
Referred to Corporations Committee.
By ::.\Iessrs. Davis and Coleman of Laurens and Elders of Tattnall-
A bill to establish a Board of Examiners in Optometry in the State of Georgia.

230

JouRNAL OF THE SENATE,

Referred to Hygiene and Sanitation Committee.

By 1Ir. Edwards of BryanA hill to create the office of Supervisor of Roads
and Revenues for the county of Bryan.
Referred to Counties and County :Matters Committee.

By :Mr. Hutcheson of TurnerA bill to establish a county depository for county
funds of Turner County.
Referred to Counties and County 1fatters Committee.
The foHowing House Resolutions were read the first time, to-wit.:

By Mr. Anderson of JenkinsA resolution to furnish Clerk of Superior Court
of ,Jenkins County with law books and Acts of Legislature.
Referred to General Judiciary Committee.

By Mr. Moore of HeardA resolution authorizing the Governor to take
steps in settling boundary disputes between counties of this and other States.
Referred to General Judiciary Committee.
The following Senate hills were taken up for a third reading, to-wit.:

TrESD.H, .JrLY 11, 1916.

2:31

By }Ir. LawrenceA bill to amend Section 2, Article 6, of the Consti-
tution of the State of Georgia.
The report of the committee; which was favorable to the passage of the bill, hy substitute, was agreed to.
The following substitute by the committee was adopted, to-wit.:

SUBSTITL'TE FOR SEXATE BILL ~0. 100 BY ~1R. LAWREXCE OF THE FIRST DISTRICT, BY COMMITTEE ox CoxsTITrTIOXAL AME~DMEKTS.
A BILL
To be entitled ''An Act to amend Section 2 of Article 6 of the Constitution of the State of Georgia, and for other purposes.''
SECTIO:N 1. The General Assembly of the State of Georgia hereby proposes to the people of Georgia, an amendment to Section 2 of Article 6 of the Constitution of this State as follows:
1. By changing Paragraph 5 of said section so it will read as follows :
'' Paragra,Ph 5. The Supreme Court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors in law from the Superior Courts and the City Courts of Atlanta and Savannah, and such other like courts as have been or may hereafter be established in other cities, in all cases that involve the construction of the Constitution of the State of Georgia, or of the United

232

J 01;R~AL OF THE SEXATE,

States; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; and until otherwise provided by law; in all cases respecting title to land; in al<l equity cases; in all cases which involve the validity of or the construction of wills; in all habeas corpus cases; in all cases involving extraordinary rem-
all edies; in all divorce and alimony cases; and in
cases certified to it by the Court of Appeals for its determination. It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had heen carried by writ of er~or to the Supreme Court. Any case carried to the Supreme Court or to the Court of Appeals which belongs to the class of which the other court has jurisdiction shall until otherwise proYided by law be tramferred to the other court under such rules as the Supreme Court may prescribe; and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof.''
2. Paragraph 9 shall be amended to read as follows:
''The Court of Appeals shall consist of six judges and such additional judges as the General Assembly shall from time to time prescribe. It shall sit in divisions of three judges each, but two judges shall constitute a quorum of a division for the transaction of business. The present judges of the Court of Appeals ai::td their successors in office sha11 consti-

TrESDAY, JrLY 11, 1916.

233

tute the first division. The three judges whose election is hereinafter provided for and their successors in office shall constitute the second division. The General Assembly may provide for such additional divisions as the exigencies of the court may .require. Each division shall sit at the seat of government separately and independently of the other, and no judge of either division shall participate in the determination of cases by the other, except that wherea judge of one division is disqualified, a judge of the other division may preside in his place. The senior judge of the court shall under rules prescribed by the court distribute the cases between the divisions, and until otherwise provided by law he shall assign all criminal cases to the second division and shall assign as many additional cases to the said division as may be necessary t() equalize the labor of the divisions. The judgment of each division or a majority of the judges thereof on the cases assigned to it shall be final, except that the Supreme Court may, by certiorari or otherwise, require cases to be certified to it as provided in Paragraph 5 hereof. Immediately upon ratification of this amendment the Governor shall appoint the additional judges herein provided for. The terms of the judges so appointed shall begin on the first day of January in the year nineteen hundred and seventeen, and shall continub until their successors are elected and qualified: The successors of the judges so appointed shall be elected at the next general election and the terms of the judges so elected shall continue for two, four and six years, respectively, and until their successors are

234

JorRXAL OF THE SEXATE,

qualified. They shall determine among themselves by lot which of the terms each shall have, and they shall be commissioned accordingly by the Governor. All terms of the judges of the Court of Appeals after the expiration of the terms aforesaid (except unexpired terms), shall continue six years, and until their successors are qualified. The times and manner of all other elections and the mode of filling a vacancy which causes an unexpired term shall be the same as are or may be provided for by the laws relating to the election and appointment of justices of the Supreme Court. The Court of Appeals shall have jurisdiction for the trial and correctioi1 of errors in law from the Superior Courts, and from the City Courts of Atlanta and Savannah, and such other like courts as have been or may hereafter be established in other cities, in all cases in which exclusive jurisdiction has not been conferred by this Constitution upon the Supreme Court and in such other cases as may hereafter be prescribed by law, except that where a case is pending in the Court of .Appeals and the Court of Appeals desires instruction from the Supreme Court it may certify the same to the Supreme Court and thereupon the record shall be transmitted to the Supreme Court, which, after having afforded to the parties an opportunity to be heard thereon, shaH instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instruction so g-iven. But if by reason of equal division of opinion among the justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the

Tl:ESDAY, JULY 11, 1916.
question. The Court of Appeals shall be bound by the judgment of the Supreme Court in all such cases. The manner of certifying questions to the Supreme Court by the Court of Appeals and the subsequent proceedings in regard to the same in the Supreme Court, shall be as the Supreme Court shall by its rules prescribe, until otherwise provided by law. Xo affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions or cases certified from the Court of Appeals to the Supreme Court, or as to which such certificate has been required by the Supreme C~urt as hereinbefore provided. All writs of error in the Court of Appeals, when received by its clerk during the terms of the court and before the docket of the term is by order of the court closed, shall be entered thereon, and when received at any other time shall be entered on the docket of the next term and they shall stand foi hearing at the term for which they are so entered, under such rules as the court may prescribe, until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of the court. The reporter of the Supreme Court shaH be reporter of the Court of Appeals until otherwise provided by law. The laws relating to the Supreme Court as to qualifications and salaries of judges, the designation of other judges to preside when a majority of the members of the court are disqualified, the powers, duties, salaries, fees and terms of officers, the mode of carrying cases to the court, the powers, practice, procedure, times of sitting and cost of the court, the

236

JouR~AL OF THE SENATE,

publication of reports of cases decided therein and in all other respects, except as provided in this Constitution, and until otherwise provided by law, shall apply to the Court of Appeals so far as they can he made to apply. The decisions of the Supreme Court shall bind the Court of Appeals as precedents.
SEC. :2. Be it further enacted by the authority aforesaid, That whenever the abo,e proposed amendment to the Constitution of this State shall be agree'l to by two-thirds of the members elected to each of the Houses of the General Assembly and the same has been entered npon their .Tournals with the yea.; and nays taken thereon, the Governor shall and he is hereby authorized and instructed to cause the ahoYe proposed amendment to be published in one or more newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general e]e~tion; an<l the Governor is hereby authorized and directed to provide for the submission of the amendment proposed, for ratification or rejection to the electors of this State at the next general election to be held after said publication, 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 such election in favor of adopting the said proposed amendment shall have written or printed on their ballots the words: "For amendment to the Constitution, altering the appellate court system of the State of Georgia." All persons opposed to the adoption of said amendment shall have written or printed on their ballot the words: ''Against the

TeESDAY, J-r:LY 11, 1916.

237

amendment to the Constitution, altering the appellate court system of the State of Georgia.''
If a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification, the Governor shall, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as in cases of election for members of the General Assembly, to count and ascertain the result, issue his proclamation for one insertion in one daily paper of the State, announcing such result and declaring the amendment ratified.

SEc. 3. 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.

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.:

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Burnside, J. B. Callahan, J. W. Carlton, J. A. Dobbs, E. P. Eakes, W. J. Fagan, T.V. Fletcher, H. M.

(iillis, );. L. Haralson, Pat Harbin, T. W. Harrison, W. T. Hol<len, Jno. F. Lawrence, A. A. :\:finter, C. C. :\Ioun. E. T. :!VIcLaughli11, B. F. Paulk, Geo. A. Peacock, Z. V. Pickett, D. C.

Pickett, Roscoe Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, :\fark Tracy. C. l'. Turner, T. R. Ward, C. A. Walker, J. D. Way, J. B. Wren, W. J.

Those voting in the negative were Messrs.-

Goolsby, B. F.

:\IcFarland, J. R.

Trammell, J. R.

238

JovRNAL OF THE SENATE,

Those not voting were ::\[essrs.-

Buchanan, W. A. :.\Iangham, J. J.

::.\IcCrory, C. R. Paulk, :.\I. J.

Ransom, W. :.\I.

Ayes 35, nays 3.

The bill, having received the requisite constitutional majority, was passed, by substitute.

By )lessrs. Stovall and BonnerA bill to require school attendance of children for
a minimum period, and to provide for enforcement of the same, and for other purposes.
The following substitute was offered by the committee, to-wit. :

S"C"BSTITUTE FOR SE~ATE BILL :Xo. 35.
A BILL
To be entitled an Act to require school attendance of children for a minimum period, and to proYide for enforcement of the same, and for other purposes.
SECTION 1. Be it enacted by the General Assembly of the State of Georg-ia, That every parent, guardian or other person having charge and control of a child between the ages of eight and fourteen years, who is not exempted or excused as hereinafter provided: shall cause the said child to be enrolled in and to attend continuously for twelve weeks of each year a public s,chool of the district or of the city or town in which the child resides; which period of attendance shall commence at the beg-inning of the first

Tl:ESD.u, JrLY 11, 191G.

239

term of said school in the year. Such attendance at a public school shall not be required where the child attends for the same period some other school giving instruction in the ordinary branches of an English education, or has completed the fourth grade of school work as prescribed by the State Board of Education, or where, because of poverty, the services of the child are necessary for the support of a parent or other members of the child's family dependent on such services, or where the parents or persons standing in parental relation to the child are unable to provide the necessary books and clothing for attending school and the same are not otherwise proYided, or where the mental or physical condition of the child renders such attendance impracticable or inexpedient, or where the child resides more than three miles from the school house by the nearest traveled route, or where, for other good reason, the child is excused from such attendance by the Board of Education of the count)r or of the city or town in which the child resides; such Boards being authorized to take into consideration the seasons for agricultural labor and the need for such labor, in exercising their discretion as to the time for which chilchen in farming districts shall be excused. Temporary absence of any child enrolled as a pupil rna) he excused by the principal or teacher in charge of the school, because of bad weather, sickness, death in the child's family, or other reasonable cause.
SEc. 2. Be it further enacted, That any parent, g-uardian or other person who has charge and control of a child hetween the ages aforesaid and who

240

J orRXAL oF THE SEXATE,

wilfully fails to comply with the foregoing requirements shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not to exceed twenty doUars for the first offense, and not to exceed fifty dollars for the second and each subsequent offense; but the court trying the case may, in its discretion, suspend enforcement of the punishment, if the child be immediately placed in attendance at a school as aforesaid, and may finally remit the same if such attendance has continued regularly for the number of weeks hereinbefore prescribed. School attendance may be proved by an attested certificate of the principal or teacher in charge of the school. No person shall be prosecuted for violation of the foregoing requirements unless the Board of Education of the county or municipality in which the person accused of such violation resides shall have caused to be served upon the accused at least ten days before such prosecution a written notice of the charge with the name of the child to whom it refers. Any person so notified, not previously convicted of violation of this Act, as to the chilo referred to in said notice, may prevent prosecution on the rharge set out therein, by giving, at any time before such prosecution is instituted, a bond in the penal sum of fifty dollars, payable to the ordinary of the county, with security to be approved by the ordinary, conditioned that the said person shaM thenceforth faithfuUy comply with the requirements of this Act as to the said child. Each day's wilfu1 failure of a parent, guardian or other person in charge and control of a child as aforesaid, after the

Tt:ESD.W, Jt:LY 11, 1!:)1()_

241

expiration of ten days from such notice, to cause the child to attend school, when such attendance is required by this Act, shall constitute a separate offense. In prosecutions under this Act the exemptions and excuses herein provided for shall be matters of defense, to be established by the accused, and need not be negatived in the indictment or accusation.
SEc. 3. Be it further enacted, That it shall be the duty of county and municipal Boards of Education to investigate as to the attendance and non-attendance of children required by this Act to attend the schools under their supervision, and it shall also be their duty to institute or cause to be instituted prosecutions against persons violating this Act. It shall be the duty of the principal or teacher in charge of any public school in which pupils between the ages of eight and fourteen years are instructed, to keep an accurate record of the attendance of such pupils, and at the end of each month to make a written report of the same to the Board of Education having supervision of the school, and to note therein excused absences and the reasons therefor.
SEc. 4. Be it further enacted, That all fines imposed hereunder, and all sums required to be paid as penalties under bonds given under this Act, shall, after payment of the costs of prosecution and recovery thereof, be paid into the county treasury and become a part of the school fund of the county.
SEc. 5. Be it further enacted, That the foregoing provisions of this Act shall become operative on the first day of ,January in the year nineteen hundred and seventeen.

242

JocRXAL OF THE SEXATE,

SEc. 6. Be it further enacted, That it shall be the duty of the Board of Education of each county, at least four weeks bef9re the first day of January following the adoption of this Act, to cause this Act to be published in a newspaper of the county, if there be one, and to cause copies of the Act to be posted at the courthouse of the county and at the public schools thereof.
SEc. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

AMENDMKNTS TO ScBSTITUTE.
Amendment by Stovall of the 30th-
Amend Section 1 by adding the following proYiso :
"Pr.()vided, that no guardian shall be compelled to send such child or children to school out of any other than the funds belonging to the ward or wards.''
Mr. Pickett of the 11th District moves to amend by adding the following proviso at the end of Section 6:
''Provided, that city and county Boards of Education may in their discretion relieve any person from the operation of the provisions of this Act for sufficient cause, to be judged by the Board having jurisdiction of the school or person affected.''
The amendments were adopted, and the substitute as amended was agreed to.

TL~ESDAY, .JT:LY 11,1916.

243

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
lJpon the passage of the bill the ayes were 31, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

By :Jir. \ValkerA bill to amend the Constitution so that the Gov-
ernor's office will have the use of $8,000 per year instead of $6,000
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were :Messrs.-

Adams, J. 0. Akin, L. R. Boykin, H. A. Carlton, J. A. Dobbs, E. P. Eakes, W. J. Fagan, T.V.

Haralson, Pat Holden, Jno. F. Lawrence, A. A. ::'.finter, C. C. ~fcCrory, C. R. Paulk, nf. J. Peacock, Z. V.

Pickett, D. C. Pickett, Roscoe Smith, E. M. Ward, C. A. Walker, J. D. Way, J. B. Wren. W. J.

Those voting in the negative were Messrs.-

Bailey, L. S. Bonner, T. B. Burnside, J. B. Callahan, J. W. Fletcher, H. M. Gillis, N. L.

Goolsby, B. F. Harbin, T. W. Harrison, W. T. ::\foon. E. T. ::\IcFarland, J. R.

::\IcLaughlin, B. F. Thomas, J. R. Tison, Mark Tra<:y, C. C. Trammell, J. R.

244

J OURXAL OF THE SEN"ATE,

Those not voting were Messrs.-

Buchanan, W. A. :\fangham, .J. J.

Paulk, Geo. A. Ransom, W. ~f.

Stovall, A. S. J. Turner, T. R.

Ayes 21, nays 16.

The bill, having failed to receive the requisite constitutional majority, was lost.

~Ir. \Yalker ga\'e notice that at the proper time he ~>ould moYe to reconsider the action of the Senate upon the abon bill.

By ~Ir. \Yay-
A bill to provide for a scholarship from each of the eleven District Agricultural Schools to the State College of Agriculture at Athens.
The report of the committee, which was favorable to the passage of the bill, "'as agreed to.
lJpon the passage of the bill the ayes were :2;'5, nays 0.
The bill, having received the requisite constitutional majority, was passed.
At 1:2:40 o'clock p.m. the Senate went into executive session.
The executive session was dissolved and the Senate, in accordance with a resolution previously adopted, adjourned until Thursday morning at 10 o'clock.

THeRSDAY, J-c-LY 13, 1916.

245

SEXATE CH.~MBER, ATLAXTA, GA.,
Thursday, July 13, 1916.
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.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the Journal of Tuesday's proceedings was dispensed with.
Mr. Boykin moYed to reconsider the action of the Senate in failing to pass the following bill of the Senate, to wit.:
By :M:r. WalkerA bill to amend the Constitution so that the Gov-
ernor's office will have the use of $8,000 per annum instead of $6,000.
The motion preYailed and the bill was reconsidered.
The following Senate bill was taken from the table and recommitted to Committee .on Game and Fish, to wit.:
By Mr. AkinA bill to repeal existing laws regulating catching
of fish and oysters, approYed September 19, 1889.

2-1-6

JouRNAL OF THE SENATE,

Senate Bill 1\o. 117 was taken from the table and placed upon the calendar.
}lr. }loon, of the 37th District, Chairman of the Committee on General .Jucliciary, submitted the follo-wing report:

Jlr. President: Your Committee on General J ucliciary has had
under consideration the follo-wing bills of the Senate and instructed me, as their Chairman, to report same back to the Senate "ith the recommendation that same do pass, to wit.:
A bill to amend Section 3:1::1:+ of the Civil Code of 1910.
A bill to make it a penal offense to violate Section 3:1:36 of the Civil Code of 1910.
A bill to create the Indian Spring Judicial Circuit.
A bill to amend Section 3438 of the Civil Code of Georgia.
A bill to amend Sect'ion 4000 of Vol. 1 of the Code of 1910.
A bill to make it unlawful to sell commercial fertilizer in this State unless the filler used is printed on the sack.
A bill to prohibit judges of this State from becoming candidates for offices, other than judicial, while retaining the office of judge.
A bill to amend Section 14 of the Political Code of Georgia.

THrRSDAY, JuLY 13, 1916.

247

A bill to relieve the Appellate Courts of this State.
A bill to amend Section 2244 of the Code of 1910.
The committee has also had under consideration the following bill of the Senate which I am instructed to report back to the Senate with the recommendation that the bill do pass, by substitute, to wit.:
A bill to amend Section 4252 of the Code of Georgia.
The committee has had under consideration the following bill' of the Senate, which I am instructed to report back to the Senate, with the recommendation that the same do not pass, to wit. :
A bill to exempt railroad engineers from criminal responsibility and from civil responsibility for failure to comply with the provisions of Section 2675 of Civil Code.
Respectfully submitted, E. T. MooN, Chairman.
l\Ir. \\"ay, of the 2nd District, Chairman of the Committee on Fish and Game, submitted the following report:
J.llr. President: Your Committee on Game and Fish has had under
consideration the follmYing 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 create a State Board of Game and Fish. Respectfully submitted, J. B. \YAY, Chairman.

248

.JOURNAL OF THE SENATE<f

::\Ir. Adams, of the 33d District, Chairman of the Committee on Special Judiciary, submitted the follo"ing report :

Jlr. President: Your Committee on Special Judiciary has had un-
der consideration the fo11owing bil1 of the Senate and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit.:
A bill to alter, amend and reYise the several laws relating to and incorporating the Mayor and Aldermen of Savannah.
Your committee has also had under consideration the following hill of the House, with recommendation that same do pass, to wit. :
A bill to abolish the office of County Treasurer of the County of Appling.
Respectfully submitted, J. 0. ADAMS, Chairman.

~Ir. Adams, of the 33d District, Chairman of the Committee on Special Judiciary, submitted the following report:

ill r. President :
Your Committee on Special Judiciary has had under consideration the following resolution of the Senate and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass as amended, to wit. :

Tm;RSDAY, J rLY 13, 1916.

249

A resolution to release J. R. vVestberry, Sr., as security on criminal bond.
Respectfully submitted, J. 0. AD.urs, Chairman.

J.Ir. Stovall, of the 30th District, Chairman of the Committee on University of Georgia, submitted the following report:

Jlr. President:
Your Committee on "Cniversity of Georgia has 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 declare the powers of the Trustees of the University of Georgia to admit to the post-graduate course of the "Gniversity at Athens, !:ltudents without regard to age or sex upon the recommendation of the Chancellor.
Respectfully submitted, STovALL, Chairman.

Mr. Harrison, of the 25th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
Your Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House the following bills and resolution of the Senate, to wit.:

250

JOT:RXAL OF THE SEXATE,

A bill to require school attendance of children for
a minimum period.
A bill to proYide for a scholarship from each of the eleven district agricultural schools to the State
College of ~~griculture, at Athens.
~~ resolution in reference to the establishment of
a nitrate plant at ~Iussels Shoals, ~~la.
~~ bill to amend Article 2, Section 6, of the Constitution of Georgia.
Respectfully suhmitted, \Y. T. H.\RRisox, Chairman.

~Ir. Dobbs, of the 35th District, Chairman of the Committee on \Yestern & Atlantic Railroad, submitted the following report:

Mr. President:
Your Committee on \Yestern & Atlantic Railroad has had under consideration the following bills of the Senate and instructed me as their Chairman to report same back to the Senate with the recommendation that same do pass, to wit.:
A bill to amend an Act appro,ed Kovember 30,
Hll5, proYiding for the re-leasing of the vV. & A. R.
R.
A bill to amend an ~~ct approYecl N ovemher 30,
1915, providing for the re-leasing of the "' & A. R. R.
Respectfully submitted, E. P. DoBBs, Chairman.

THL"RSDAY, JL"LY 13, 1916.

251

l\fr. vVren, of the 18th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President : Your Committee on Agriculture has had under
consideration the following bills of the Senate ancl instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit.:
A bill to establish a State Board of Forestry.
A bill to amend Code, Section 2036 of the Code.
The committee has also had under consideration the following bills of the Senate, which I am instructed to report back to the Senate with the recommendation that the same do not pass, to wit.:
A bill to regulate the ginning, baling and marketing of cotton.
A bill to regulate the grading of cotton.
The committee has also had under consideration the following bill of the House, which I am instructed to report back to the Senate with the recommendation that the same do not pass, to wit.:
A bill to provide for the method of handling the county funds of Decatur County.
Respectfully submitted, W. J. WREN, Chairman.
The following Senate bills were taken from the Special Judiciary Committee and referred to the General Judiciary Committee, to wit.:

25:2

Jo"C"RXAL OF THE SEXATE,

By ::\lr. Goolsby-
A bill to proYide punishment for stealing automobiles.

By ::\lr. GoolsbyA bill to regulate the sale of gasoline.
The following bills of the House were read the second time, to wit.:
By ::\lr. KnightA bill to amend the charter of the town of Lennox.

By ::\lessrs. \Yoh1wender, S\\ift and X ei11A bill to amend the charter of the City of Colum-
bus.

By ::\lr. Young~\ bill to repeal an Act to create the City Court
of Tifton.

By :Messrs. Green and Anderson of vVi1kesA bill to amend the charter of town of Tignall.

By ::\lessrs. Swift, Xeill and \VohlwenderA bill to amend the charter of City of Columbus.

By 2\lr. Johnson of ApplingA bill to abolish the office of Treasurer of County
of ~\ppling.
The following resolution of the House \las taken up and adopted, to wit.:

THURSDAY, Jl:LY 13, 1916.

253

By ~Ir. wheatleyA resolution providing for a joint committee to
recodify the military laws of this State.
The President appointed 1\Ir. Fletcher of 26th District as a member of this committee on part of the Senate.
The following message was received from the House through ~Ir. 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 amend an Act entitled '' .:\.n ~\ct to repeal all laws incoq:iorating the City of ~ranchester; to provide for incorporating said city so as to provide for recorder's court.''
A bill to amend the charter of the town of Decatur.
A bill to amend an Act to repeal all laws heretoforefore passed incorporating City of ~ranchester, so as to change the annual tax.
~\ bill to amend an Act to repeal all laws incorporating the town of ~:ranchester, so as to provide for the holding of an election for issuing of bonds.
A bill to amend the charter of the town of Decatur.
A bill to abolish the office of County Treasurer of the County of Jeff Davis.
A bill to amend an Act giving Commissioners of

254

J orRXAL OF THE SEXATE,

Floyd County full and complete title oYer certain bridges.
The following Senate bills were read the first time, to \Yit.:

By .Mr. AkinA bill to authorize the Governor to' employ special
counsel to prosecute any claims that may be due to the State, from the United States.
Referred to General Judiciary Committee.

By :Messrs. Burnside and HoldenA bill to amend Section 1207 of the Penal Code. Referred to General Judiciary Committee.

By ~Ir. McFarlandA bill to provide for an election for Issue of
county bonds in certain cases.
Referred to General Judiciary Committee.

By Mr. SmithA bill to repeal an Act for the protection of per-
sons furnishing material and labor for construction of public works, approved August 12, 1910.
Referred to General Judiciary Committee.

By :Jir. :JicCroryA bill to provide a method of obtaining possess-
ion of propert:' sold under power of attorney.
Referred to General Judiciary Committee.

THl:RSDAY, JrLY 13, 1916.

255

By }.Ir. \Vard, by requestA bill to amend Section 4780 of Vol. 1 of the Code. Referred to General Judiciary Committee.

By :Mr. Lawrence, by requestA bill to regulate the practice of law in this State.
Referred to General Judiciary Committee.

By ~Ir. TisonA bill to repeal an Act to incorporate the City of
Isabella.
Referred to Corporations Committee.

By "Yir. TrammellA bill to amend an Act to revise the school laws
of Georgia.
Referred to Education Committee.

By Mr. BoykinA bill to provide for protection and propagation
of fish.
Referred to Fish and Game Committee.

By Messrs. Dobbs and Turner, by requestA bill to confer upon the women of this State the
right to vote in all elections.
Referred to the Constitutional Amendments Committee.
The following bill of the House was taken up for a third reading, to wit. :

256

JorRXAL OF THE .SENATE,

'y By ::\Iessrs. ohlwender, Swift and Neill-

.A hill to amend the original 4-\.ct creating the City

Court of Columbus.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

rpon the passage of the bill the aye'S were 31, nays 0.

The. bill, having received the requisite constitutional majority, was passed.

The following Senate bill was read the third time and tabled, to wit.:

By ::\Ir. PeacockA bill to amend Article 5, Section 1, Paragraph 2
of the Constitution of Georgia.
The following bills of the Senate were taken up for a third reading, to wit.:

By ::\It:. LawrenceA bill to amend Section 3851 of the Code of 1910,
b~- adding a proviso at the conclusion thereof.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

1Jpon the passage of the bill the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bonner, T. B. Burnside, J. B. Ca!hhan, .J. W.

Carlton, J. A. Dobbs, E. P. Fagan, T.V. Gillis, N. L.

Haralson, Pat HolUen, Jno. F. La"Tence, A. A. ~{oon, E. T.

McCrory, C. R. Paulk, Geo. A.

THCRSD.\Y, JFLY 13, 1916.

Peacock, Z. V. Ward, C. A.

Walker, J. D.

Those voting in the negative were ::Ylessrs.-

Akin, L. R. Bailey, L. S. Boykin, H. A. Eakes, \V. J. Fletcher, H. M. Goolsby, B. F. Harbin, T. W. Harrison, W. T.

:\inngham, J. J. :\linter, C. C. :\lcFarland, J. R. ::\lcLaughlin, B. F. Paulk, ::\f. J. Pickett, D. C. Pirkett, Roscoe Ransom, W. l\1.

Smith, E. M. Stovall, A. S. J. Thomas, .J. R. Tison, ::\lark Tracy, C. C. Trammell, J. R. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Buchanan, W. A.

Turner, T. R.

Ayes 17, nays 24.

The bill, having failed to receiYe the requisite constitutional majority, ,,as lost.

B~- ::\lr. ::\IcCrory~\ hill to enlarge the powers of the Commissioners
of Public Printing.
The bill was tabled.

By ::\lessrs. Dobbs and ::\IcLaughlin-
A bill to amend an Act approved November 30, 1915, providing for the leasing of the Western & Atlantic Railroad.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
r pon the passage of the bill the ayes were 35,
nays 0.

258

Jm;RXAL oF THE SEXATE,

The bill, haYing receiYecl the requisite constitutional majority, was passed.

By ~Iessrs. Dobbs and ~IcLaughlinA bill to amend an ~Act approved :-Joyember 30,
1915, proYiding for leasing of the \Vestern and ..Atlantic Railroad.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
rpon the passage of the hill the ayes were 27, nays 0.
The bill, haYing receiYecl the requisite constitutional majority, was passed.

By ~Iessrs. Burnside and Pickett of 11th DistrictA bill to provide for the assessment, giving and
approval of supersedeas bonds, in certain cases.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
lTpon the passage of the bill the ayes were :31, nays 0.
The bill, having receincl the requisite constitutional majority, was passed.

By :Mr. Persons-
~\ bill to amend an ~Act to create a system of par-
ole or conditional pardon.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TKCRSDAY, J FLY 13, HllG.

~59

cpon the passage of the bill the ayes were 31,
na~'S 1.

The bill, having receiYed the requisite constitutional majority, was passed.

By :Jir. Moon~\. bill to amend the Constitution by repealing Par-
agraph 16 of Section 7 of Article 3 of the Constitution, in reference to local and special legislation.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
l'"pon the passage of the bill the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were :Messrs.-

Bonner, T. B. Boykin, H. A. Fagan, T.V. Haralson, Pat Harbin, T. W.

Harrison, W. T. Holden, Jno. F. :\loon, E. T. McCrory, C. R. Peacock, Z. V.

Smith, E. l\L Trammell, J. R. Turner, T. R. Ward, C. A.

Those voting in the negative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Burnside, J. B. Callahan, J. W. Carlton, J. A. Dobbs, E. P. Eakeg, W. J. Fletcher, H. M.

Gillis, N. L. (;oolsb~-. B. F. :i\Iangham, J. J. :\linter, C. C. ::\IcFarland, J. R. .\IcLaughlin, B. F Paulk, .\I. J. Pickett, D. C.

1'1ckett, Roscoe Stmall, A. S. J. Thomas, J. R. Tison, Mark Tracy, C. C. Walker, J. D. Way, J. B. Wren, W. J.

Those not voting were ~fessrs.-

Buchanan, W. A. Lawrence, A. A.

Paulk, Geo. A.

Ransom, W. :\I.

Ayes 14, nays ~5.

260

JocRXAL OF THE SEXATE,

The bill, haYing failed to recei,Te the requisite constitutional majority, was lost.
The following Senate hill was rend the second time, to wit.:
By }Ir. AkinA bill to amend Section lG, Yol. 1 of the Code.
The following Senate bill was tabled, to 'vit.:
By }Ir. PeacockA bill to amend ..A.rticle 5, Section 1, Paragraph 3
of the Constitution.
The following Senate bill was read the 3d time and tabled, to wit.:

By }Ir. PeacockA bill to amend Article 3, Section 4, Paragraph 3
of the Constitution.
The following hills of the Senate were read the second time, to wit. :

By }Ir. \Yard~~ bill to amend Section 4:25:2 of the Code of 1910.

By }Ir. Pickett of 41st District..\ bill to amend Section 344-! of the Civil Code.

By }lr. HaralsonA bill to establish a State Board of Forestry.

B~ }Ir. }lcLaughlinA bill to make it n penal offense to Yiolate Section
3-!36 of the Civil Code.

TH"LRSD~H, JrLY 13, 1916.

261

By :Jir. SmithA bill to create the Indian Spring Judicial Circuit.

By 1Ir. 1IcLaughlinA bill' to amend Rection 3-38 of the Civil Code.

By :.rr. BoykinA bill to amend Section JOOO, Vol. 1 of Code of
1910.

By 1Ir. Boykin~l bill to amend Code, Section 2036, by striking
eertain words.

By 1Ir. BoykinA bill to make it unlawful to sell commercial fer-
tilizer, unless the filler used is printed on the sack.

By Mr. Ward..A bill to amend the charter of the City of Doug-
las.

By Mr. Boykin~l bill to prohibit judges from becoming candi-
dates for other offices while retaining the office of judge.

By Mr. CarltonA bill to amend Section 1J of the Political Code.

By )Ir. LawrenceA bill to relieYe the Appellate Courts of this State.

262

JOT:R)IAL OF THE SEXATE,

By ::\Ir. Lawrence-

A bill to alter and amend the several laws incor-

porating the :Yiayor and Aldermen of the City of

Savannah.

.

. The following Senate resolution was read the sec-

ond time, to wit.:

By ::\fr. ThomasA resolution for the relief of J. R. Westberry.
The following House bills were read the first time, to wit.:
By l\1r. BaleA bill to amend an Act relating to the powers of
Commissioners of Floyd County.
Referred to Special Judiciary Committee.
By ::\Ir. :Moore of Jeff DavisA bill to abolish the office of County Treasurer
of Jeff Davis County.
Referred to Counties and County Matters Committee.
By l\1r. Steele of DeKalbA bill to amend the charter of the town of Decatur.
Referred to Corporations Committee.

By ::\Iessrs. Blackburn, Andrews and AtkinsonA bill to amend an Act to repeal all laws incor-
porating the town of Manchester.
Referred to Corporations Committee.

THCRSDAY, JL"LY 13, 1016.

263

By ::\lessrs. !Hackhurn, Andrews and AtkinsonA bill to amend an Act to repeal all lmvs incorpor-
ating the City of }lancbester.
Referred to Corporations Committee.

By }lr. SteeleA bill to amend the charter of the town of Decatur.
Referred to Corporations Committee.

B: }lessrs. Blackburn, Andrews and AtkinsonA bill to amend an Act to repeal all laws incorpor-
ating the City of ::\lanchester.
Referred to Corporations Committee.
L pon motion the Senate adjourned until tomorrow morning at 10 o'clock.

2(j4

JorRXAL OF THE SENATE,

SENATE CHAMBER, ATLXXTA, GA.
Friday, July 1-J., 1916.

The Senate met pursuant to adjournment at 10 o'clock a. m., and was called to order by tlfe President.
Prayer \Yas offered by the Chaplain.
Upon the call of the roll, the following Senators answered to their names :

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Burnside, J. B. Callatmn, J. W. Carlton, .T. A. Dobbs, E . .I:'. Eake!l, W. J. Fagan, T.V. Fletcher, H. M. Gillis, N. L. Goolsby, B. F.

Haralson, Pat Harbin, T. \V.
Harrison, -v T.
Holden, Jno. F. Lawrence, A. A. :\Iangham, .T. J. :\linter, C. C. :lfoon, E. T. )1:cCrory, C. R. :lfcFarland, J. R. McLaughlin, B. F. Paulk, Geo. A. Paulk, l\J. J. Peacock, Z. V.

Pickett, D. C. p;c-kett, Roscoe Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, :IIark Tracy, C. C. Trammell, J. R. 'l'urner, T. R. \Yard. C. A. Walker, J. D. \\"'-ay, J. B. Wren, \V.J.

Those ahsent were ::\Iessrs.-

Buchanan, W. A.

Ransom, W. M.

By unanimous consent the reading of the ,Journal of yesterday's proceedings was dispensed with.
TJ1e following message was received from His Excellency, the Governor, through his Secretary, Mr.
Jones:

Mr. President: I am directed by His Excellency, the Governor, to

FRIDAY, J-c-LY 14, 1916.

265

deliver to the Senate a sealed communication for which he respectfully asks your consideration in executive session.
Mr. Akin of the 4th District, Chairman of the ( 'ommittee on Finance, submitted the following report:
Jlr. President: Your Committee on Finance has had under con-
sideration 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 pass, to-wit.:
A bill to repeal an Act approved August 14, 1913, to regulate tax returns, to create a Board of Tax Assessors.
Respectfully submitted, AKIN, Chairman.

The following minority report from the Finance Committee was submitted, to-wit.:
JJr. President: vVe, the undersigned members of the Senate Fi-
nance Committee, respectfully :file a minority report from that of the majority report, to which was referred Senate Bill No. 246, to repeal the Act approved August 14, 1913, known as the Tax Equalization Act.
(a) \Ve believe the Act was intended, and in a measure has greatly accomplished, equalization in taxation on the property of the citizens of the State,

266

Jou-R~AL oF THE SE~ATE,

and through the activities of the State Tax Commissioner and the local boards of assefisors of the State has placed on the tax digests the first year approximately $85,000,000.00, heretofore escaping taxation an<l now made to bear its just and fair burden of taxation.
(b) The aclministration of the law the first year saved approximately a half million dollars to the people of the State who had been paying their share of taxes, by reducing the tax rate from 5 mills, the hig-lwst rate the Constitution of the State allows, to 4 1-2 mills.
(c) The Act has especially prown to be beneficial to that class of our citizens of moderate means, for it is unfortunately true that the very rich pay tax proportionately less on the value of property owned.
(d) It is not only the duty of each citizen to pay his just taxes, but equally the duty of counties among themselves to relatively and equally bear the burden of taxation.
(e) \Ye beliew that a repeal of the Tax Act will result in decreasing the property returns of this State $100,000,000.00.
(f) The Act is not only a just Act, but it is necessary that all of the property of the State should hear the burden of taxation, that the State may meet its present obligations to pay for the education of the children of the State, to pay the pension to the Confederate soldier and his widow, and to the support and maintenance of the unfortunate insane.
(g) The present financial status of the State imperatively demands that every citizen and every

FRmAY, JuLY 14, 1916.

267

county in the State should respond, and cheerfully respond to the call to duty, and save the State from the almost certain disaster of being unable to meet its appropriations.
For these reasons and others we would consider a repeal of the Act as a public calamity, setting the State back a quarter of a century.
D. C. PICKETT, 11th Dist. C. C. MINTER, 24th Dist. L. R. AKIN, 4th Dist. J. J. MANGHAM, 38th Dist. JNo. F. HoLDEN. JNO. D. WALKER.

::\Ir. Harrison of the 25th District, Chairman of the Committee on Education, submitted the following report:

Mr. President: Your Committee on Education has had under con-
sideration the following bills of the Senate and instructed me as their chairman to report same baek to the Senate with the recommendation that the same do not pass, to-wit.:
A bill to amend Section 1534, Volume 1, of the Code of 1910, empowering municipalities to levy a local tax for school purposes.
A bill to amend an Act of the General Assembly of the State of Georgia, approved August 21, 1911, by providing for the election of the members of the State Board of Education, and for other purposes.

268

JouRRAL OF THE SEXATE,

The committee has also had under consideration the following Senate bills, which I am instructed to report back to the Senate "ith the recommendation that the same do pass, to-wit.:
A bill to amend an Act of 1911, entitled an Act to revise the school laws of the State of Georgia.
A bill to authorize the county board of education to lay out and establish the consolidated school distrids that shall be political divisions of the State and county.
A hill to authorize county and local boards of education to furnish school books aml school supplies to pupils attending public schools.
A bill to authorize boards of education of local school systems, separate school districts and district agricultural schools to adopt school hooks from approved list issued hy State Board of Eaucation.
The Committee on Education has also hau under consideration the following bills of the House, which I am instructed to report back to the Senate with recommendation that the same do pass, to-wit.:
A bill to repeal an Act entitled an Act to establisl1 a system of public schools in the town of Hiram.
A bill to authorize the County Board of Education of Richmond County to issue one hundred thousand dollars of bonds for the purpose of erecting a girls' high school.
R-espectfully submitted, \Y. T. HARRrsox, Chairman.

FRIDAY, JcLY 14, 1916.

26!1

The following minority report from the Education Committee was submitted, to-wit.:

11!r. President:

\Ve, the undersigned Committee on Education, beg

to submit a minority report on Bill No. 115, entitled

''an Act to amend an Act of the General Assembly

of Georgia, adopted August 21, 1911, by providing

for the election of the members of the State Board

of Education and to repeal the law for the appoint-

ment of the same by the Governor of Georgia, and for other purposes." "~e report that said bill do

pass.

Respectfully submitted,

C. R. :McCRORY,

J. R. TRAM:\IELL,

H. A. BoYinK, 17th. J. B. wAY.

}Ir. }IcCrory of the 13th District, Chairman of the Committee on Public Printing, submitted the following report:
Mr. President: Your Committee on Public Printing has had under
consideration the following bill of the Senate and instructed me as their chairman to report the same back to the Senate with the recommendation that same do pass as amended, to-wit.:
A bill to create the office of Purchasing Agent and Superintendent of Public Printing.
Respectfully submitted, C. R. ~IcCRoRY, Chairman.

2/0

J O"l'RXAL OF THE SE)l"ATE,

::\Ir. ~\dams of the 33rd District, Chairman of thl! Committee on Special Judiciary, submitted the follo"-iug report:

JJ r. President : Your Committee on Special Judiciary has had un-
der consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
~\ bill to amend an Act creating the Municipal Court of Atlanta.
A bill to amend an Act establishing the City Court of Ashburn.
Respectfully submittE'd, J. 0. ADAlVIS, Chairman.

::\Ir. Goolsby of the :28th District, Chairman of the Committee on Counties and County :MatterR, submitted the following report:

Jlr. President: Your Committee on Counties and County ~ratters
has had under consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to abolish the office of County Treasurer of the rounty of Jeff Davis.
A bill to fix the compensation of the County Treasurer of ~lacon County.

FRIDAY, JuLY 14, 1916.

271

A bill to amend the Act approved July 29, 1915, creating a Board of Commissioners of Roads and Revenues of the county of Appling.
A bill to abolish the office of County Treasurer of l\Iadison County.
A bill to repeal an Art entitled an Act to provide for the creation of a Board of County Commissioners of the county of Bryan.
A bill to create the office of Supervisor of Roads and Revenues for the county of Bryan.
A hill to he entitled an Aet to fix the salary of the Treasurer of Clay County.
A bill to abolish the office of County Treasurer of Berrien County.
Your Committee has further had under consideration the following bill of the House and recommend that it do pass as amended, to-wit.:
A bill to amend an Act approved August 9, 1911, entitled an .Act to divide the county of Brooks into fin commissioner districts.
Respectfully submitted, B. E. GooLSBY, Chairman.

Jfr. :Moon of the 37th District, Acting Chairman of the Committee on Engrossing, submitted the following report:
111r. President : Your Committee on Engrossing has examined and
found properly engrossed and ready for transmis-

2i2

JO"l"RNAL OF THE SEXATE,

sion to the House, the following bills of the Senate, to-wit.:
~\ bill to amend an Act approved Novcmber 30, 1915, providing for the leasing of the \Vestern & Atlantic Railroad.
A bill to amend an Act approved November 30, 1915, providing for the leasing of the \Vestem & Atlantic Railroad.
A bill to amend an Act to create a system of parole or conditional pardon.
_\ bill to provide for the assessment, giving and approval of supersedeas bonds in this State in certain criminal cases.
Respectfully submitted, E. T. )foo~, Acting Chairman.

)Jr. Smith of the 3-th District, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Jfr. President: Your Committee on Constitutional Amendments
has had under consideration the following bills of the Senate and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass:
Xo. 224. By Mr. :McLaughlin of the 3'6th Dist.-
A bill to amend Paragraph 1, Section 1, Article 13, of the ('onstitution of the State of Georgia, etc.

FRIDAY, JcLY 14, 1916.

273

Xo. ~3~. By :\Ir. Persons of the ~2nd Dist.-
A bill to amend Paragraph 1, Section 3, Article 8, of the Constitution of the State of Georgia, etc.
~o. ~33. By ::\Ir. Persons of the 22nd Dist.-
A bill to amend Paragraph 1, Section 4, Article 8, of the Constitution of the State of Georgia, etc.
Respectfully submitted, SMITH, Chairman.

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

Mr. President: The House has concurred in the following resolu-
tion of the Senate, to-\Yit.:
A resolution requesting President vVilson to locate a plant for the manufacture of ingredients for munitions of war at :Mussels Shoals, ~-\.labama.
The Speaker has appointed as the committee on the part of the House to formulate a bill to recodify the military laws of the State :\Iessrs. \Yheatley of Sumter,
Connor of Spalding.

The following message was received from the House, through ::\fr. Boifeuillet, the Clerk thereof:
Mr. President: The Hu~se has passed by the requisite constitu-
tional majority the following bills of the House, towit.:

274

,JO"C"RXAL OF THE SEX.-\.TE,

A bill to amend Section 129 of the Code of 1910, Yolume 1, relative to primary election for Governo:t-, U. S. Senator, State House Officers.
A bill to abolish the office of County Treasurer of Greene County.
A bill to fix the salary of the Treasurer of Barrow County.
A bill to amend the charter of the town of ~yaleska in the county of Cherokee.
A bill to incorporate the town of Fullerville.
A bill to amend, revise, consolidate and supersede the Acts incorporating the town of Xorwood.
A bill to amend Acts incorporating town of Louis-
ville.
A bill to amend Act to incorporate the city of Kingsland.
The following Senate bills were taken up for a third reading, to-wit.:

By :\fr. SmithA bill to create the Indian Spring Judicial circuit.
l\fr. Smith of the 34th District, offered the following amendment, which was adopted, to-wit.:
Section 6 of said Act is hereby amended by filling all the blanks in said section as follows, so that said section when amended shall read as follows :
Be it further enacted by the authority aforesaid, That the courts of the counties of the Indian Spring

FRIDAY, J"LLY 14, 1916.

275

Circuit shall be held as follows: The county of -:\Ionroe shall han four terms of the Superior Court each year which said terms shall convene on the first -:\Iondays in February, :\lay, August and Kovember in each year, provided, however, that a grand jury shall be drawn for and convene only at the February and Aug'Ust terms of said court. But the judge in his dis<'retion may draw and convene a grand jury at the )fa~' and )Jovember terms of said court.
The county of Butts shall have four terms of the Superior Court in each year, which said terms shall convene on the first )fondays in )farch, .June, September and December of each year, provided, however, that a grand jury shall be drawn for and convene onl~y at the :Jfarch and September terms of said court. But the judge of said court may in his discretion draw and convene a grand jury at the June and December terms of said court.
The county of Henry shall have two terms of the Superior Court in each year, which said terms shall convene on the third )fondays in April and October of each year.
The county of Clayton shall have two terms of the ~uperior Court in each year, which said terms shall convene on the third Mondays in February and August of each year.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
Cpon the passage of the bill the ayes were 26, nays 0.

276

J O"GRX AL OF THE SEX-HE,

The bill, having received the requisite constitutional majority, >Yas passed as amended.

By ::\Ir. HaralsonA bill to amend Section 2244 of the Code of 1910.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 25, nays 0.
The bill, haYing received the requisite constitutional majority, was passed.

By 1\Ir. Tison-
A hill to create and organize a new judicial circuit to he kno-wn as the Tifton Circuit.
The report of the committee, which was favorable to the passag;e of the bill, was agreed to.
rpon the passage of the bill the ayes were 2G, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following House bill was recommitted to the Committee on Counties and County ::\Iatters, to-wit.:

By ::\Iessrs. Bale, Anderson and Findley of FloydA hill to abolish the Board of Commissioners of
Roads and Revenues of county of Floyd.
The following Senate bills were read the first time, to-wit.:

FRIDAY, JeLY 14, 1916.

'277

By :\fr. AdamsA bill to reg-ulate the sale of poisonous fly paper.
Referred to Special Judiciary Committee.

By Mr. BonnerA bill to extend the boundary line of the town of
Mount Airy.
Referred to Corporations Committee.

By l\Ir. AkinA bill to preYent the desecration of any flag or
emblem of the l'"nited States.
Referred to Committee on State of Republic.

By Mr. GoolsbyA bill to make it unlawful for any person, firm or
corporation conducting a general warehouse business to receive cotton for storage without insuran~e.
Referred to Ag-riculture Committee.
By Mr. HarrisonA bill to provide a system of public schools for the
town of Yatesville.
Referred to Education Committee.
The following- resolution of the Senate was read the first time, to-wit.:
By Mr. LawrenceA resolution authorizing the State Librarian to
deliver complete sets of Georg-ia Reports to the law library of the "CniYersity of Georgia at Athens.

~IS

JorRXAL OF THE SEXATE,

Referred to University of Georgia Committe~.
The following resolution was read and referred to Rules Committee, to-wit.:

By ~Ir. BoykinA resolution to make Senate Bill Ko. 20 a special
and continuing order for Tuesday, the 19th inst., immediately after the reading of the Journal.
The following Senate bills were read the second time, to-wit.:

By }!r. TrammellA bill to amend an Act to revise the school laws
of the State of Georgia.

By :Yir. PersonsA bill to authorize county boards of education to
lay out consolidated school districts.

By ~fr. EakesA bill to create the office of Purchasing Agent and
Superintendent of Public Printing.

By }!essrs. Pickett of 11th District, Boykin and Way.
A bill to authorize boards of education, local school systems, etc., to adopt school books from approved lists issued by State Board of Education.

By :Mr. Mangham-
A bill to validate county warrants and to provide for the sale of the same.

FRIDAY, JrLY 1., 1916.

279

By 1fr. RansomA bill to authorize county boards of education to
furnish school books to pupils of public schools and to fix fees for same.

By Mr. Persons-
A bill to amend Paragraph 1, Section 3, Article s,
of the Constitution.

By Mr. Persons-
A bill to amend Paragraph 1, Section 4, Article 8,
of the Constitution of Georgia.

By Mr. :McLaughlinA bill to amend Paragraph 1, Section 1, Article 13,
of the Constitution of Georgia.
The following Senate bill was read the second time and recommitted to the General Judiciary Committee, to-wit.:
By Messrs. :McLaughlin and BurnsideA bill to require the approval by the Railroad
Commission of the construction of duplicate public utilities.
The fo1lowing House bills were read the secoml time, to-wit.:

By :Mr. BrooksA bill to fix the compensation of Treasurer of :Jia-
con County.

By :Mr. EdwardsA bill to create the office of Supervisor of Roads
and Revenues of Bryan County.

~80

JouR~AL OF THE SE~ATE,

By Messrs. Olive, Beall and \YoodwardA bill to authorize the County Board of Education
of Richmond County to issue bonds for certain purposes.

By ::\Ir. HutchesonA bill to amend an Act establishing the City Court
of Ashburn.

By ::\Ir. JohnsonA bi11 to amend an Act creating a Board of Com-
missioners of Roads and Revenues for Appling County.

By ::\Ir. EdwardsA bill to repeal an Act to create a Board of Coun.
ty Commissioners for Bryan County.

By ::\Ir. Turner of BrooksA bill to amend an Act to divide the county of
Brooks into five commissioner districts.

By :Mr. KnightA bill to abolish the office of County Treasurer of
Berrien County.

By ~fr. Moore of Jeff DavisA bill to abolish the office of County Treasurer of
Jeff Davis County.

By ::\Iessrs. Blackburn, Atkinson and AndrewsA bill to amend an Act creating the Municipal
Court of Atlanta.

FRIDAY, JrLY 14, 1916.

281

By :Mr. ThompsonA bill to abolish the office of County Treasurer of
Madison County.

By Mr. BaggettA bill to repeal an Act to establish a system of
public schools in the town of Hiram.

By :Mr. Arnold of ClayA bill to fix the salary of the Treasurer of Clay
County.
The following Senate resolutions, adversely reported, were taken up. to-wit.:

By Mr. AkinA resolution to procure Glenwood Spring water
for the use of the Senate for the sessions of 1915 and 1916.
Report of the committee was agreed to, and the resolution was lost.

By Mr. StovallA resolution to procure Swift Spring water for
the use of the Senate for the years 1915 and 1916.
Report of the committee was agreed to, and the resolution was lost.
The fol1owing Senate bills, adversely reported, were taken up, to-wit.:

By Mr. AdamsA bill to regulate ginning and marketing of cotton.

282

J OT:RXAL OF THE SEX.HE,

The report of the committee was agreed to, and the bill was lost.

By :Jir. Haralson, by request~\ bill to amend Paragraph 2, Section 1, of Article
11, of the Constitution.

The report of the committee was agreed to, and the bill was lost.

By :Jir. \Yay~-\ bill to amend an Act to regulate the return and
assessment of property for taxation.
:Jir. Stovall moved to disagree to the adverse re-
port of the committee, and upon this question the a~-es and nays were ordered.

The vote was as follows:

Those voting in the affirmative were :Messrs.-

Aliln, L. R. Bailey, L. S. Boykin, H. A. Haralson, Pat

Holden, Jno. F. l\IcCrory, C. R. .\lcFarland, J. R. Stovall, A. S. J.

Trary, C'. C.
Turner, T. R.
Walker, J. D.
Way, J. n.

Those voting in the negative were :Jiessrs.-

Adams, J. 0. Bonner, T. B. Burnside, J. B. Callahan, J. W. Carlton, J. A. Eakes, W. J. Fletcher, H. M. Gillis, N. L.

Goolsby, B. F. Harbin, T. W. Harrison, W. T. :Vlangham, J. J. :\linter, C. C. :\[oon, E. T.
:'-lcLaughlin, B. F.

Paulk, :\f. J. Peac.ock, Z. V. Pickett, D. C. Pickett, Roscoe Thomas, J. R. Trammell, J. R. Ward, C. A.

Those not voting were Messrs.-

Buchanan, W. A. Dobbs, E. P. Fagan, T. V.

Lawrence, A. A. Paulk, Geo. A. Ransom, W. }f.

Ayes 12, nays 22.

Smith, E. M. Tison, :\lark Wren, W. J.

FRIDAY, J rLY H, 1916.

283

The motion was lost.
The report of the committee was agreed to and the bill was lost.

The following resolution was read and adopted, to-wit.:

By :Mr. AdamsThat when the Senate adjourns today it stand ad-
journed until ~fonday, July 17, 1916, at 11 o'clock a.m.
Mr. Turner of the 21st District, submitted the following report :

Mr. President: Your Committee to whom was referred joint res-
olution Ko. 76, beg leave to submit the following preliminary report :
First: The language of the resolution in the opinion of your committee restricts its action only to a report ''on the various recommendations made by the special auditor recently auditing the accounts of the State.'' Your committee finds upon consideration of said report that it embodies statements and existing conditions other than ''recommendations,'' that should in its opinion be considered by the committee. And they recommend that the scope of their consideration and report be extended so as to embrace the entire report of the auditor, whether in matters of recommendation or otherwise as in their judgment may be to the interest of the State.
Second: Your committee :finds that to properly

284

JouRNAL OF THE SESATE,

conduct said consideration it may be neces employ the services of a stenographer and thority -to do so, if the committee sees fit.
Pending discussion on the aboYe report t:
of adjournment arrived and the Senate ad. until ~1onc1ay, July 17, 1916, at 11 o'clock a.

-:\!OXDAY, .JrLY 17, 1916.

285

SEXATE CHAMBER, ATLAXTA, GA. ).Jonday, .July 17, 1916.

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.
l'"pon the call of the roll the following- Senators answered to their names:

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Burnside, J. B. Callahan, J. W. Carlton, J. A. Dobbs, E. P. Eakes, W. J. Fagan, T.V. Fletcher, H. M. Gillis, N. L.

(;oolshy, B. F. Haralson, Pat Harbin, T. W. Harrison, W. T. Holtlen, .Jno. F. La"\\rence, A. A. :Jlangham, J. J. ::O.Ioon, E. T. :\IcCrory, C. R. :JicFarlant:., J. R. :JicLaughlin, B. F. Paulk, M. J.
.'1

Peacock, Z. V. Pickett, D. C. Pickett, Roscoe Smith, E. M. Sto\all, A. S. J. Tracy, C. C. Trammell, J. R. Turner, T. R. Ward, C. A. walker, J. D. \Vay, J. B. \\rren, W. J.

Those absent were -:\Iessrs.-

Buchanan, W. A. :Jiinter, C. C.

Paulk, Geo. A. Ransom, W. M.

Thomas, J. R. Tison, :JI:trk

The Journal of Friday's session was read and confirmed.

The following bill of the House was recommitted to the Committee on Corporations, to-wit.:

By -:\Iessrs. Bale, Anderson and Findley of FloydA bill to create a new charter for the city of Rome.

286

J Ol:RXAL OF THE SEXATE,

The following Senate resolution was read the second time and recommitted to the Special Committee, to-wit.:
A resolution to authorize and direct the Governor to enter into a new contract with Tennessee Copper Co., as of October 1, 1916.
.:\Ir. Bonner of the 31st District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President: Your Committee on Hygiene and Sanitation has
had under consideration the following bill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass:
House Bill Xo. 46. To establish a Board of Examiners in Optometry in the State of Georgi.a, to define its duties and powers, and. for other purposes.
Respectfully submitteu, Bo~n\ER, Chairman.

.:\Ir. Tracy of the 1:2th District, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President: Your Committee on State of the Republic has 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 pass, to-wit.:

~!OXDAY, ,Jl:LY 17, 191G.

:287

A bill to prevent the desecration of any flag or emblem of the rnited States of America.
Respectfully submitted, C. C: TRACY, Chairman.

.:\Ir. \Yard of the 5th District, Acting Chairman of the Committee on Engrossing, submitted the following report:

JJ r. President: Your Committee on Engrossing has examined and
found properly engrossed and ready for transmission to the House, the following bills of the Senate, to-wit.:
A bill to create and organize the Tifton Judicial Circuit.
A bill to create the Indian Spring Judicial Circuit.
..:\. bill to amend Section :2:244 of the Code of 1910.
Respectfully submitted, \YARD, Acting Chairman.

~Ir. Peacock of the lth District, Chairman of the Committee on Corporations, submitted the following repoi't :

Jfr. President:
Your Committee on Corporations has had under consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:

288

JouRKAL OF THE SENATE,

A bill to amend an Act to repeal the charter of the town of -:\fanchester.
A bill to amend the charter of the town of Decatur.
A hill to amend an Act to repeal all laws incorporating the city of -:\Ianchester.
A bill to amend the charter of the town of Decatur.
A bill to amend an Act incorporating the city of Manchester.
A bill to amend the charter of town of Milltown.
Your committee has also had under consideration the following bill of the Senate, 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 incorporating the city of Isabe1la.
Respectfully submitted, PEACOCK, Chairman.

)fr. Adams of the 33rd District, Chairman of the Committee on Special Judiciary, submitted the following report :

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend an Act giving Commissioners of

MO)TDAY, J-uLY 17, 191G.

280

Floyrl County full and complete title over certain bridges.
Respectfull~' submitted, J. 0. ADAMS, Chairman.

The following message was received from the House, through ::\Ir. Boifeuillet, the Clerk thereof:
ill r. President: The House has passed by the requisite constitu-
tional majority the following bill of the Senate, towit.:
A bill to amend Section 153-! of the Code of l!HO, relative to schools.
The House has adopted the following resolution in which the concurrence of the Senate is asked, towit.:
A resolution to adopt recommendations of auditing committee as embraced in their preliminary report and to empower committee to employ a stenographer.
The following Senate bill was read the second time and recommitted to Committee on Banks and Banking, to-wit.:

By ::\Ir. PersonsA bill to authorize the Governor to appoint a
fourth State> depository in the city of ~facon.
The following House bills were taken up for a third reading, to-wit.:

290

J OUR::>JAL OF THE SE::>JATE,

By }Iessrs. Swift, Xeill and \Yohlwencler-
A bill to amend an Act to create a new charter for
the City of Columbus.
The report of the committee, which was fayorable
to the passage of the hill, was agreed to.
Upon the passage of the bill the ayes were 31, nays 0.
The bill, haYing receivetl the requisite constitutional majority, -was passed.

By }Iessrs. Green and AndersonA bill to amend the charter of the town of Tignall.
The report of the committee, which was faYorable to the passage of the bill, -was agreed to.
"Cpon the passage of the bill the ayes -were :n,
nays 0.
The bill, haYing receind the requisite constitutional majority, was passed.

By }Iessrs. Blacklmrn, Atkinson and Andre-ws-
A bill to amend an Act creating a }Iunicipal Court
for the city of Atlanta.
The report of the committee, which -was faYorable to the passage of the bill, -was agreed to.
I'"pon the passage of the bill the ayes -were 31, nays 0.
The bill, h<wing receiYed the requisite constitutional majority, was passed.

.JJOXDAY, Jt:LY 17, 1916.

29l

By .Jir. YoungA bill to repeal an Act to create the Cit~ Court
of Tifton.
The report of the committee, >vhich \\as faYorable to the passage of the bill, \\as agreed to.
Upon the passage of the bill the ayes \\ere 31, nays 0.
The bill, haYing receind the requisite constitutional majority, was passed.
B~ .Jir. Turner of BrooksA bill to amend an Act approved August 9th, 1911,
to diYide the Count~- of Brooks into fin commissioner districts.
The report of the committee, 1\hich was f<worable to the passage of the bill, as amended, \\as agreed to.
rpon the passage of the bill the ayes were 31, na~-s 0.
The bill, having received the requisite constitutional majority, \\as passed, as amended, and the amendment is as follo\\s:
The committee amends as follows: By striking all of Section 2 of the hill; also by striking from the caption the words ''and to submit the same to a vote of the people of Brooks Count~.''
B~ .Jir. KnightA bill to amend the charter of the town of Lennox.
The report of the committee, 1\hich was favorable to the passage of the hill, was agreed to.

292

J01.TRXAL OF THE SEXATE,

"C pon the passage of the bill the ayeB were 30, nays 0.
The bill, having receincl the requisite constitutional majority, was passed.

By :J1essrs. Swift, Neill and \Vohlwender~.\_ bill to amend the charter of the City of Colum-
bus.
The report of the committee, which was fayorahle to the passage of the hill, was agreed to.
l- !lOll the passage of the hill the ayes were 30, nays 0.
The hill, haYing receiYed the requisite constitutional majorit~-, was passed.

By :Jir. Thompson~.\_ bill to abolish the office of County Treasurer of
:Jiaclison County.
The report of the committee, which was faYorable. to the passage of the bill, was agreed to.
L pon the passage of the bill the ayes IY8l'e ;)0, nays 0.
The bill, having receiYed the requisite constitutional majority, was passed.
By :Jir. :Jioore of Jeff Da-.,.isA bill to abolish the office of County Treasurer of
Jeff Davis County.
The report of the committee, which wa:-; faYorable to the passage of the bill, "as agreed to.

.}foxDAY, JuLY 17, 191G.

293

r pon the passage of the bill the ayes were ~iO,
nays 0.

The bill, having received the requisite constitutional majority, was passed.

By 1Iessrs. Olin", Beall and \YoodwardA hill to authorize the County Board of Education
of Richmond County to issue bonds for certain purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
rpon the passage of the bill the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By :Mr..Jolm"on of Appling~\ bill to abolish the office of County Treasurer
of Appling County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
l~pon the passage of the bill the ayes were 30, nays 0.
The hill, haYing receiYed the requisite constitutional majority, \Yas passed.

By .}Ir. Arnold of Clay-
A bill to fix the salary of the Treasurer of Clay County.

294

J 017RNAL OF THE SEXATE,

The report of the committee, which was favorable to the passage of the bill, 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. KnightA bill to abolish the office of Treasurer of Berrien
County.
The report of the committee, which was favorable to the passage of the bill, \Yas 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 ~Ir. HutchesonA hill to amend an Act to establish the City Court
of Ashburn.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
lTpon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By ~Ir. BaggettA bill to amend an Act to establish a system of
public schools, for the town of Hiram.

::\lOXDAY, JcLY 17, 1916.

295

The report of the committee, which was favorable to the passage of the bill, was agreed to.
Lpon the passage of the bill the ayes -were 30, nays 0.
The bill, having receiYed the requisite constitutional majority, was passed.

By ::\Ir. J olmson of ApplingA bill to amend the Act approved July 29, 1915,
creating a Board of Commissioners of Roads and ReYenues of the County of Appling.
The report of the committee, -which was favorable to the passage of the bill, was agreed to.
r pon the passage of the bill the ayes were 30,
nays 0.
The bill, having receind the requisite constitutional majority, was passed.
The following bills of the House were read the first time, to wit.:
By ::\Iessrs. Xeill and GordyA bill to amend Section 129 of the Code of 1910,
Vol. 1, relative to primary elections.
Referred to General Judiciary Committee.
By ::\Ir. KingA bill to abolish the office of County Treasurer of
Greene County.
Referred to the Counties and County ::\Iatters Committee.

296

J OURKAL OF THE 8EX.HE,

By -:\fr. CarithersA hill to fix the salary of the Treasurer of Bar-
row County.
Referred to the Counties and County -:\Iatters Committee.

By Jir. SimpsonA hill to amend the charter of the town of W aJeska.
Referred to the Corporations Committee.

B~- -:\f r. DorsettA hill to incorporate the town of Fullerdlle.
Referred to Corporations Committee.

B~- ::\Ir. VeaseyA hill to reYise, consolidate and supersede the Acts
incorporating the town of Korwood, in the County of warren.
Referred to Corporations Committee.

By 1\lr. KingA bill to consolidate, amend, and supersede the
several Acts ineorporating the to-wn of LouisYille in the County of Jefferson.
Referred to Corporations Committee.

By ::\Ir. LilesA bill to amend an Act to incorporate the City of
Kingsland, in the County of Camden.
Referred to Corporations Committee.

:\Jo~DAY, JULY 17, 1916.

297

The following House bills were read the second time, to wit.:

By :\Iessrs. Blackburn, Andrews and AtkinsonA bill to amend an Act to repeal all laws hereto-
fore passed incorporating the City of :Manchester.

By :\Ir. Steele of DeKalbA bill to amend the charter of the town of Decatur.

By :\fr. KnightA bill to amend the charter of the town of :\Jill-
town.

By Mr. BaleA bill to amend an k~ct giving the Commissioners
of Floyd County full control of certain bridges.

By Mr. SteeleA bill to amend the charter of the town of Decatur.

By Messrs. Blackburn, Andrewt1 and Atkinson-
A bill to amend an Act to repeal all laws heretofore passed, incorporating the City of Manchester.

By Messrs. Blackburn, Andrews and AtkinsonA bill to amend an Act to repeal all laws incor-
porating the town of Manchester.
The following House bills were read the second time and recommitted to the Committee on Co'Unties and County :J:[atters, to wit.:

298

J ouRxAL OF THE SExATE,

By ~Ir. EdwardsA bill to repeal an Act to provide for the creation
of a Board of County Commissioners of Bryan County.

By ~Ir. EdwardsA bill to create the office of Supervisor of Roads
and Revenues for the County of Bryan.
The following Senate bills were read the second time, to wit. :

By :Mr. AkinA bill to prevent the desecration of an~- flag or em-
blem of the "Cnited States.

By l\Ir. TisonA bill to repeal an Act to incorpornte the City of
Isabella approved Augusta 17, 1905.
The following bill of the Senate was tabled, to wit.:

By ~Ir. StovallA bill to repeal an Act approved August 14, 1913,
to regulate tax returns, etc.
The following Senate bill was read the second time and recommitted to Committee on Banks and Banking, to wit. :

By ~Ir. Turner A bill to confer upon banking companies thcl
rights, powers and privileges of trust companies.

:Jioxn.n, J L'LY 17, 1916.

299

The following bills of the Senate were read the first time, to wit.:

By :\Iessrs. Turner, Holden and BoykinA bill to repeal Sections 3438 and 3442 of the Code
of 1910.
Referred to Banks and Banking Committee.

By :\Ir. AdamsA bill to amend an Act incorporating the City of
Gainesville.
Referred to Special Judiciary Committee.
The following Senate bills were read the third time and tabled, to wit.:

By ~Ir. :\IcLaughlinA bill to make it a penal offense to violate Sec-
tion 3436 of the Code.

By :\Ir. :\IcLaughlinA bill to amend Section 3438 of the Civil Code of
1910.

By :\Ir. :\IcLaughlinA bill to amend Paragraph 1, Section 1, Article 13
of the Constitution of Georgia.
The following resolution of the House was taken up and adopted, to wit.:

By :Jir. Hopkins of ThomasA resolution to adopt the recommendations of

300

JouRNAL OF THE SENATE,

auditing committee as embraced in their preliminary report and to empower them to emplo}- a stenographel'.
The following joint resolution was read anl adopted, to wit.:

By :\fr. BurnsideA resolution tendering the thanks of the Senate
and House to the City of Athens through the Chamher of Commerce, for the royal entertainment giwn the General Assembly on the ] 2th inst.
'l1he following Senate bill was taken up for the purpose of acting upon the amendment of the House, to wit.:

By }\fr. StovallA bill to fix the salary of the Treasurer of Elbert
County, and for other purposes.
The House proposed to amend the bill as follows:
Amend bill by striking out the words and figures, to wit.: "sixty dollars ($60.00)" and inserting in lieu thereof the words ''one hundred dollars ($100.00)."
The House amendment was adopted.
The following Senate resolution "as taken up for a third reading, to wit. :

By :\fr. ThomasA resolution releasing J. R. \Yestberry, Sr., as
security on criminal bond.

}[o:mAY, .J-CLY 17, 1916.

301

The report of the committee, which was faYorable to the passage of the resolution as amended, was agreed to.
L"pon the passage of the resolution the ayes were 25, nays 0.
The resolution, having receiYed the requisite constitutional majority, was passed as amended, and the amendment was as follows:
Committee moYes to amend by adding the following proviso at the end of said resolution: "provided that all accrued court cost h<' by surety paid.''
The following bilb~ of the Senate were taken up for a third reading, to wit.:

By :\Ir. Pickett of the 41st DistrictA bill to amend Section 3444 of the Civil Code of
1010.
The report of the committee, which was favorable to the passage of the bill, 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. Boyki:t?-A bill to amend Section 4000 of Vol. 1 of the Code
of 1910.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

30:2

J OURXAL OF THE SEXATE,

rpon the passage of the bill the ayes -were :25, nays 1.
The bill, haYing receiYecl the requisite constitutional majority, was passed.

By ::\Ir. LawrenceA bill to amend, alter and revise the several la-ws
incorporating the ::\Iayor and Aldermen of the City of SaYannah, in reference to sale of unused streets.
The report of the committee, which was favorable to the passage of the bil1, was agreed to.
rpon the passage of the hill the ayes -were 30, nays 0.
The bill, having receind the requisite constitutional majority was passed.

By ::\Ir. \YardA bill to amend Section .,1,:233 of the Code in re-
lation to attorney's fees in notes and for other purposes.
The committee offered the following substitute, \Yhich -was adopted, to wit.:

A BILL
To he entitled an Act to amend Section 4,25:2 of the Code of Georgia in relation to attorney's fees and notes or other evidences of indebtedness by adding to said section the following: ''Upon the maturity of any note secured by mortgage or deed to secure debt, or upon any chattel mort-

Jioxo.u:-, JuLY 17, 1916.

303

gage or other evidences of indebtedness secured by deed to secure debt or mortgage, containing the usual power of sale, the holder thereof may, by himself, his agent or attorney-at-law, notify the debtor in writing ten (10) days before exercising said power and before the date of the first judgment, of the property covered by such mortgage or deed to secure debt, in which a provision is made for a power of sale, of his intention to so advertise said property, and should debtor fail to pay such debt before the publication of said advertisements, said attorney's fees shall thereupon be collected and paid from the proceeds of the sale of the property, provided, further, that if any chattel mortgage shall not contain a power of sale, and it shall be neces-
sary to foreclose same in the usual manner, then
the holder of said chattel mortgage may, by himself, his agent or attorne~-at-law, give notice in writing to the debtor that unless said indebtedness is paid within ten days from said notice, that he will, in addition to the principal and interest, claim said attorney's fees as stipulated, if, upon the failure of the debtor to pay such indebtedness, then, the holder of said chattel mortgage shall be entitled to recover said attorneys' fees,'' and for other purposes.
SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 4:25:2 of the Civil Code of Georgia be and the same is hereb~ amended b~- adding to said section the foHowing:

30-!

Jo-cRXAL OF THE SEXATE,

'' ~C pon the maturity of any note secured by mortgage or deed to secure cleht or upon any chattel mortgage or other evidences of indebtedness :-Pcure(l hy deed to securr cleht or mortgage, containing the usual power of sale, the holder thereof may by himself, his agent or attorney-at-law, notify the debtor in writing ten (10) days before exercising said power and before the date of the first advertisement of the property covered by such mortgage or deed to secure debt, in which a provision is made for a power of sale, of his intention to so advertise said property, and should debtor fail to pay such debt before the publication of said advertisements, said attorney's fees shall thereupon be collected and paid from the proceeds of the sale of the property, provided further, that if any chattel mortgage shall not contain a power of sale, and it shall be necessary to foreclose same in the usual manner, then the holder of said chattel mortgage may, by himself, his agent or attorney at law, give notice in writing to the debtor that unless said indebtedness is paid within ten clays from said notice, that he will, in addition to the principal and interest, claim said attorney's fees as stipulated, if upon the failure of the debtor to pay such indebtedness, then, the holder of said chattel mortgage shal1 be entitled to recover said attorney's fees", so that said section, when amended, shall read as follows:
"SECTION 4252. Attorney's Fees and Notes. Obligations to pay attorney's fees upon an~ note or other evidence of indebtedness, in addition to the rate of interest specified therein, are void, and no

~IOXDAY, ,Jl:-LY 17, 1916.

305

court sha1l enforce such agreement to pay attorney's fees, unless the debtor shall fail to pay such debt on or before the return day of the court to which suit is brought for the collection of the same; Provided, the holder of the obligation sued upon, his agent, or attorney, notified the defendant in writing, ten days before suit is brought, of his intention to bring suit, and also the term of the court in which suit will be brought, and, provided, further, that upon the maturity of any note secured by mortgage or deed to secure deht, or upon any chattel mortgage or other evidence of indebtedness secured by deed to secure debt or mortgage, containing the usual power of sale, the holder thereof may, by himself, his agent, or attorney-at-law, notify the debtor in writing ten (10) days before exercising said power and before the elate of the first judgment, of the property covered by such mortgage or deed to secure debt, in which a provision is made for a power of sale, of his intention to so advertise said property, and should debtor fail to pay such debt before the publication of said advertisements, said attorney's fees shall thereupon be col1ected and paid from the proceeds of the sale of the property, provided, further, that if any chattel mortgage shall not con~ tain a power of sale, and it shall be necessary to foreclose same in the usual manner, then the holder of said chattel mortgage may, by himself, his agent, or attorney-at-law give notice in writing to the debtor that unless said indebtedness is paid within ten days from said notice, that he will, in addition to the principal and interest, claim said attorney's fees

306

JouRXAL OF THE SEXATE,

a~ stipulated, if upon the failure .of the debtor to pay such indebtedness, then, the holder of said chattel mortgage shall be entitled to recmer said attorney's fees.''
SEc. 2. 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.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

l'"pon the passage of the bill by substitute, the ayes and nays were ordered.

The vote was as follows :

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Boykin, H. A. Burnside, J. B. Callahan, J. W. :Fagan, T. V. Fletcher, H. M. Gillis, N. L.

Haralson, Pat Harrison, W. T. Holden, Jno. F. ~Iangham, J. J. :\Ioon, E. T. 1\feCrory, C. R. :\IcLaughlin, B. F. Paulk, :\I. J. Peacock, Z. V.

Ptckett, Roscoe Smith, E. M. Tracy, C'. (', Trammell, J. R. Ttll'ner, T. R. "\Yard, C. A. Walker, J. D. "\Yay, J. B.

Those voting in the negative were ::\Iessrs.-

Bonner, T. B. Harbin, T. W.

:\IeFal'land, J. R. Pickett, D. C.

Sto,all, A. S. J.

Those not voting were J\Iessrs.-

Buchanan, Vi'. A. Carlton, J. A. Dobbs, E. P. Eakes-, W. J.

Goolsby, B. F. Lawrence, A. A. :\linter, C. C. Paulk, Geo. A.

Ransom, "\V. :\I. Thomas, J. R. Tison, Mark Wren, W. J.

Ayes 26, nays 5.

:}!oXDAY, JL"LY 17, 1916.

30i

The bill, having received the requisite constitutional majority, was passed, by substitute.
The following resolution was read, to wit.:

By :}Ir. \Valker of the 20th District\YHEREAs, much has been said and written rela-
tive to the Tax: Equalization Act, and \YHEREAS, this subject is one of such great import-
ance to Georgia that every intelligent means should be employed to perfect said Act,
THEREFORE, REsOLYED, That the Senate, the House concurring, hereby appoint a committee of three from the Senate and four from the House, to take under consideration all proposed measures affecting the Tax Equalization Act, either favorable or otherwise, and report to the joint Assembly their views and recommendations not later than July 2-J:th, 1916.
:}Ir. Stovall proposed the following amendment, to wit.:
Strike out '' J'uly 24th, 1916,'' wherever the same occurs, and insert in lieu thereof the words ''July 22cl, 1916."
The amendment was adopted, and the resolution as amended was adopted.
The President of the Senate appointed the following Senators as members of the committee, under the provisions of the above resolution, to wit.:
:}Iessrs. \Yalker, Stovall and LawrenceThe following resolution was read and adopted, to wit.:

308

Jo-c-RNAL oF THE SENATE,

By ::\Ir. 'Yalker of the 20th District-RESOLYED, That as information to the Senate and
House, the State Tax Commissioner be requested to furnish the House and Senate as soon as possible and during this session, the cost to each county, eit_her actual or approximate, of administ~ring the Tax Equalization Act.
. At 12:30 o'clock, P. :\I., the Senate went into executiYe session.
The executive session was dissolYed.
1~pon motion the Senate adjourned until tomorrow morning at 10 o'clock.

TuESDAY, JrLY 18, 1916.

309

SEXATE CHAMBER, ATLANTA, GA.
Tuesday, July 18, 1916.

The Senate met pursuant to adjournment at 10 o'clock, A. ~I., and W"as called to order by the President.

Prayer was offered by Senator Bonner of 31st District.

t:" pon the call of the roll the following Senators ansW"ered to their names :

Adams, J. 0.
Akin, L. R.
Bailey, L. s.
Bonner, T. B.
Boykin, H. A.
Buchanan, W. A.
Burnside, J. B.
Callahan, J. w.
Carlton, J. A
Dobbs, E. P.
Eakes, w. J.
Fagan, T.V.
Fletcher, H. M.
Gillis, N. L.

(;oolshy. B. F.
Haralson. Pat
Harbin, T. w.
Harrison, W. 'f.
Hohlen. Jno. F.
Lawrence, A. A.
:\langham, J. J.
:\linter, c. c.
~.loon. E. T.
:\fcCrory, c. R.
:\feFarlanll, J. R. :\[cLaughlin, B. F.
Paulk, Geo. A. Paulk, :\1. J.

Peacock, z. v.
Pickett, D. C.
Pickett, Roscoe
Smith, E. M.
StoYall, A. s. J.
Tison, :\Iark
T'raey, (". (".
'frammell, J. R. rrnrner. T. R.
"'anl, c. A.
\Valker, J. D. "'ay, J. B.
Wren, w. J.

Those absent were -:.\Iessrs.-

Ransom, W. i\L

Thomas, J. R.

Mr. Burnside gaye notice that at the proper time he W"ould moYe to reconsider the following House bill, to wit.:

By ~Ir. Young of Tift-

.

A bill to repeal an Act to establish the City Court

of Tifton.

310

JouR~AL OF THE SE~ATE,

}Ir. Dobbs gaye notice that at the proper time he would move to reconsider the following House bill, to wit.:

By }Iessrs. Blackburn, Atkinson and AndrewsA hill to amend an Act creating the }Iunicipal
Court of Atlanta.
Bv unanimous consent the reading of the Journal
of yesterday's session was dispensed with.
}Ir. Burnside moved to reconsider the following bill of the House, to 'vit.:
By }Ir. YoungA bill to repeal an Act to establish the City Court
of Tifton.
The motion preYailed and the bill was reconsiclerecl.
}Jr. Dobbs moYed to reconsider the following bill of the House, to wit.:
By }Iessrs. Blackburn, Atkinson and AndrewsA bill to amend an Act creating the }Iunicipal
Court of Atlanta.
The motion prevailed and the bill was reconsiderecl.
}Ir. Boykin, of the 17th District, Chairman of the Committee on Enrollment, submitted the following report:
Jlr. President: Your Committee on Enrollment report as duly

TeESDAY, JeLY 18, 1916.

311

enrolled, and read~- for the signature of the President of the Senate and Speaker of the House, the following resolution, to wit.:
~\ resolution requesting President wilson to locate a plant for the.manufacture of ingredients for munitions of \Yar at ::Uussels Shoals, Alabama.
Respectfully submitted, H. A. Bon>:n<, Chairman.

:Mr. Boykin, of the lith District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President: Your Committee on Enrollment report as duly
signed by the President of the Senate and Speaker of the House, and deliYered to the GoYernor, the following resolution, to wit.:
A resolution requesting President \Yilson to locate a plant for the manufacture of ingredients for munitions of war, at ::'IIussels Shoals, Alabama.
Respectfull~ submitted, H. A. Bonnx, Chairman.

l\Ir. Adams, of the 33d District, Chairman of the Committee on Special .Tudiciar~, submitted the fol-
lowing report :

Jfr. President: Your Committee on Special J ucliciary has had un-
der consideration the following bill of the Senate and instructed me as their Chairman to report same

:n :2

Jol:RNAL oF THE SE:SATE,

hack to the 8enate with the recommendation that same do pass, to wit.:
A bill to amend an Act incorporating the City of GainesYille.
Respectfu1ly .submitted, J. 0. ADAMS, Chairman.

:\Ir. Harrison, of the :25th District, Chairman of the Committee on Education, submitted the following report:

J/ r. President: Your Committee on Education has had under con-
sideration 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 pass, to wit.:
A hill to provide for a system of public schools of YatesYille, Georgia.
Respectfully submitted, \Y. T. HARRISON, Chairman.

The following message was received from his Excellency, the GoYernor, through his Secretary, ::\Ir. Jones:
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.
:\Ir. Lawrence, chairman of the committee appointed at the 1915 session, to prepare a suitable

TrESDAY, J l-LY 18, 1916.

313

memorial upon the life and character of the Hon. Charles S. Northen, submitted the following report:

ill r. President:
Your Committee appointed to prep~re suitable resolutions commemorating the life, character and services of Honorable Charles S. )Jorthen, submit the following report:
Charles S. 1\orthen was born in Houston County, Georgia. He died in Atlanta, November 22, 191, at the age of :fifty-fixe years.
His early childhood was spent at his country home. He moved to Atlanta when twelve years of age and lived there, an honored citizen, from that time to the clay of his death. He served in the City Council of Atlanta in 1892 and 1893. He became a member of the Board of Trustees of Grady Hospital and was serving in that capacity at the time of his death. In his chosen life work he attained to the position of a general agent of the Phoenix }Iutual Life Insurance Company. In 1804 he was appointed Assistant Secretary of the Senate and held that position from 1894 to 1897, inclusive. On October 26, 1898, he was elected Secretary of the Senate and served this body in that capacity continuously to the day. of his death, including the session of 1914. He died suddenly )Jovember 22, 1914, from an attack of acute indigestion, and lies buried in West View Cemetery.
Such, in brief, were Charles S. Northen 's achievements. As the world views a man's efforts, they constituted success in life. He held a commanding position in that field of the business world in which

314

JouRNAL oF THE SENATE,

he chose to exert his energies. In politics he attained the eminence he sought and he held it without challenge for more than a decade.
\Yhile all this should fill with pride the hearts of his family and his friends they do not constitute Charley Xorthen 's c-laim to our affections nor do they explain our loYe for his memory. His chief claim on us, that which endeared him to us, was the geniality that radiated from him at all times and under all circumstances. Xo one ever saw an exhibition of ill-temper from Charley ~orthen. Xo one eYer heard him speak unkindly of another. There was neYer a time that Charley Korthen was not ready and willing to do a kindly act. The desire was innate and irresistible. It was part and parcel of his being. It grew out of a loYe for his fellow men that was boundless. He passed through the turmoil of strenuous political life, attained prominence and maintained himself throughout without exciting en'"Y or enmity in any one. \Yhat we chronicle is most unusual. \Ye can recall no other instance.
Such a life was not possible except our dead friend was possessed of qualities of a most enviable kind. He had a fathomless love for his fellow men. He was horiest in his expression of his feelings. He was loyal to his friends. He had judicial temperament that enabled him to weigh his obligations to his friends and to decide correctly what was a just course. He had the courage to act.
Such was our dead friend. \Ye may say without fear of contradiction that every man who knew him

TuEsD.w, J rLY 18, 1916.

315

was Charley K orthen 's friend. K o grander eulogy can be pronounced on any man.
It is hard to realize that Charley K orthen has gone from our midst. \Ye sadly miss his cheery greeting. As the days go by, the tragic thought obtrudes itself upon us. Yet withal there lingers with us so viYidly. the memory of his happ~ face we cannot bring ourselws to a realization that our dear friend is dead.

''I cannot say, I will not say That he is dead-he is just away. \Vith a cheery smile, and a wave of the hand He has wandered into an unknown land, And left us dreaming how wry fair, It needs must be since he lingers there. Think of him still the same, I sa~; He is not dead, he is just away.''

BE IT THEREFORE RESOLYED:
First. That the foregoing report be spread upon the minutes as a ::\Iemorial to uur departed friend, an expression of sympathy to his family, and a testimonial of the loss this body has suffered.
Second. That the Seceretary of the Senate be, and he is hereb~- directed, to send a copy of this report, together with these resolutions, to his family.
A. A. LAWREXCE, B. F. ::\IcLArGHLIN,
z. Y. PEACOCK,
E. P. DoBBS, Committee.
The resolutions were adopted by a rising vote.

316

J OUR~AL OF THE SEXATE,

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

Jl r. President: The House has passed by the requisite constitu-
tional majority, the following bills of the House, to wit.:
A hill to amend Paragraph 1, Section 13, Article 6 of Constitution, as refers to certain judges of Superior Court.
~\ bili to fix the compensation of the Treasurer of Bacon County.
~l bill to amend an Act increasing the number of terms of 8uperior Court of \Yhitfield County.
A bill to provide for a salary of County Trea:;;nrer of Stewart County.
A bill to repeal an Act creating the City Court of }!iller County.
A bill to abolish office of County Treasurer of J\Iiller County.
The following Senate hill was taken from the table, to wit.:

By }Ir. PeacockA bill to amend Article 3, Section -!, Paragraph 3
of the Constitution of Georgia.
The following House bill was read the second time, to wit.:

TcESDAY, JrLY 18, 191G.

317

By }l~ssrs. DaYis and Coleman of LaurensA bill to establish a Board of Examiners in Op-
.tometry.

The following hill of the House was taken up for the third reading, to wit.:

By :\[r. Bale~\ bill to amend an Act giYing Commissioners of
Floyd County full and complete title onr certain bridges.
The report of the committee, wl1ich was favorable to the pas~age of the hill, "as agreed to.
rpon the passage of the bill the ayes were 26, nays 0.
The bill, haYing received the requisite constitutional majority, was passed.
The following bill of the Senate was taken up for a third reading, to wit.:

By :\Ir. TisonA hill to amend Section 824 of the Civil Code, in
reference to priYate ways.

rpon motion the bill was tabled.

The President ordered a call of the roll to ascertain if a quorum was present.

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A.

Bnmside, J. B. Callahan, J. W. Eakes, W. J. Fagan, T.V. Fletcher, H. M. Gillis, ='<. L.

Goolsby, B. F. Haralson, Pat Harbin, T. W. Harrison, W. T. Holden, Jno. F. :\Iangham, J. J.

318

JoeR~AL OF THE SEXATE,

:\linter, C. C. :\loon, E. T. McCrory, C. R. :\lcFarland, J. R. i.\IcLaughlin, B. F. Paulk, hl. J.

Peacock, Z. V. Pickett, D. C. Pickett, Roscoe Smith, E. M. Stovall, A. S. J. Tison, :\la1k

Tracy, C. C. Trammell, J. R. Turner, T. R. Way, J. B. \Yren, W. J.

Those absent were ::\Iessrs.-

Carlton, J. A. Dobbs, E. P. Lawrence, A. A.

Paulk, Geo. A. Ransom, W. 1\f. Thomas, J. R.

Ward, C. A. Walker, J. D.

It was ascertained that a quorum was present.

The following bill of the Senate was read the third time and ta bl eel, to wit.:

B~ ::\lr. ::\IanghamA bill to Yaliclate county \\arrants issued h~ coun-
t~ authorities.
The following House bills were read the first time, to wit.:

B~ ::\lessrs. Arnold and Bro\\n of Clarke, and BaleA bill to amend Paragraph 1, Section 13, Article
6 of the Constitution.
Referred to the Constitutional Amendments Committee.

By ::\Ir. Boyett of Ste\vartA bill to proYicle a salary of the County Treasurer
of Stewart County.
R.eferrecl to the Counties and County ::\Iatters Committee.

TrEsD.w, JrLY 18, 1916.

319

By .:\lr. Rich of .:\!illerA bill to abolish the office of County Treasurer of
.:\Iiller County.
Referred to the Counties and County .:\latters Committee.

By .:\lr. Bradford of \YhitfieidA hill to amend an ~~ct increasing the number of
terms of the Superior Court of \Yhitfielcl County.
Referred to General Jucliciar~' Committee.

By .:\lr. CarterA bill to fix the compensation of the Treasurer of
Bacon County.
Referred to the Counties and County .:\latters Committee.

By .:\Ir. Rich of .:\fillerA bill to repeal an Act creating the City Court
of .:\Iiller County.
Referred to Corporations Committee.
The follo\\ing Senate bills were read the first time,
to "it.:
By .:\Ir. DobbsA bill to create a State Board of Electrical Ex-
aminers.
Referred to General Judiciary Committee.
By .:\Ir. \YayA bill to amend Paragraph 1 of Section 3 of Ar-

320

J OFRXAL OF THE SEXATE,

ticle :1 of the Constitution so as to proYide for representation in the General ~\ssembly for the County of Evans.
Referred to the Constitutional Amendments Committee.
The following Senate bills were read the second time, to wit.:

By -:\Ir. Harrison-
A hill to JH'Ovide for a system of public schools for
Yatesville.

By -:\Ir. Adams-
A bill to amend an Act incorporating the City of
Gainesville.
The following resolution was reacl and referred to the Rules Committee:

By -:\Ir. BoykinA resolution to set Senate Bill Xo. ~69 as a reg-
ular and continuous order of business for Tuesday, July ~Oth, until disposed of.
The follo\Ying Senate hills were taken up for a third reading, to wit.:
By -:\Ir. PeacockA bill to amend Article 3, Section 4, Paragraph 3
of the Constitution of Georgia, so as to provide for biennial sessions of the General Assembly.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TrEsD.w, J CLY 18, 1916.

321

lJpon the passage of the bill the ayes and nays were ordered.

The Yote was as follows:

Those voting in the affirmative were Messrs.--

Bailey, L. S. Bonner, T. B. Buchanan, W. A. Burnside, J. B. Callahan, J. W. EakeS', W. J. Fagan, T.V. Fletcher, H. M. Gillis, N. L. Goolsby, B. F. Haralson, Pat

Harbin, T. W. Harrison, W. T. Ho)lden, Jno. F. Lawrence, A. A. :\linter, C. C. ::\foon, E. T. Mcf:rory, C. R. ::\lcFarland. J. R. ::\fcLaughlin, B. F. Paulk, :Y!. J.

Peacock, Z. V. Pickett, D. C. Pickett, Roscoe Smith, E. M. Tison, :.V!ark Tracy. C. C. Trammell, J. R. Walker, J. D. Way, J. B. Wren, W. J.

Those -voting in the negative were Messrs.-

Adams, J. 0. Akin, L. R.

::\f~ngham, J. J. Stovall, A. S. J.

Turner, T. R.

Those not voting were Messrs.-

Boykin, H. A. Carlton, J. A. Dobbs, E. P.

Paulk, Geo. A. Ransom, W. M.

Thomas, J. R. Ward, C. A.

Ayes 31, nays 5.

The bi11, having received the requisite constitutional majority, was passed and the bill is as follows, to wit.:

A bill to be entitled an Act to amend Article Three, Section Four, Paragraph Three of the Constitution of this State, by striking therefrom the word ''annually'' and inserting in lieu thereof the word "biennially" in line three.
SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by

32:2

JouR~AL OF THE SENATE,

authority of the same, that Artide Three, Section Four, Paragraph Three of the Con~:;titution of this State, be and the same i,;; hereby amended by striking therefrom the word "annua 11~" and inserting in lieu thereof the word 'biennially" in line three so that when so amended the said Article, ~ection and Paragraph, shall read as follows, to wit.:
'l'lle first meeting of the General Assembly, nfttt the ratification of this Constitution shall be on the fourth "\Yednestlay of October, HilS, anll bit'Imialiy tl!ereafter on the same day, until the day ,-hall be changed by law.

SEc. 2. Be it further enaeted hy the authority aforesaid, That such amendment shall be agreed to hy two-thirds of the members eleete(l to eaeh House; it shall be so entered on their .Journals with the ayes and nays taken thereon; the Governor shall eause said amendment to he pnbli~hed in at least two newspapers in eaeh Congressional District in this State for a period of t\\o months next preceding the time of holding the next general eleetion.
SEc. :3. Be it further enacted hy the authority aforesaid, 'fhat the above proposed amendment shall be submitted for ratificat~on or rejection to the electors of this State at the next general election to be held after publication as pro,ided 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 qua]ified to vote for members of the General Assembly. All persons voting at said election in favor of adopting this proposed

Tc-ESDAY, JULY 18, 1916.

323

amendment to the Constitution shall have written or printed on their ballots the words:
''For amendment of Con~titution, Article rrhree, Section Four, Pnrag-raph Three. line three; to provide for biennial sessions of the General Assembly,'' and all persons opposed to adoption of l'aid amendment shall have written or printed on their ballots the words:
''Against amendment of Constitution, ~\rticle 1'l1ree, Section Four, Paragraph Three and line three; to provide for hiennial sessions of the General
Assemhl~'"
NEe. 4. Be it further enacted hy the authority aforesaid, That the Governor he and he is hereby authorized and directed to provide for the submission of tlH' amendment proposed in this Act to a vote of the people as requirt>d h~- the Constitution of this State in Article Three, Section Four, Paragraph Three and line three, and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the matter as in cases of election of members of the General Assembly, to count and ascertain the results, issue his proclamation for one insertion in one of the dai)y papers of this State, announcing such results and declaring the amendment ratified.
SEc. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in confiict with this Act be and the same are hereby repealed.

324

JOURNAL OF THE SEXATE,

By Mr. Peacock-
A bill to amend Article 3, Section , Paragraph 6
of the Constitution of Georgia.
The report of the committee, which was favorable to the passage of the bill, -was agreed to.
Upon the passage of the bill the ayes and nays were ordered.

The vote was as follows:

Those voting in the affirmative were Messrs.-

Bailey, L. S. Bonner, T. B. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Eakes, W. J. Fagan, T.V. Fletcher, H. M. Gillis, K. L. Goolsby, B. F.

Haralson. Pat Harbin, T. W. Harrison, W. T. Holden..Tno. F. Lawrence, A. A. :\Iangham, J. J. ::vfinter, C. C. McCrory, C. R. :\fcFarland, J. R. :\1eLaughlin, B. F.

Paulk, ~f. J. Peacock, Z. V. Pkkett, D. C. Pickett, Roscoe t:;mith, E. M. Tison, ~:lark Traf"~. C. C. Trammell, J. R. \'i"alker. J. D. Way, J. B.

Those voting in the negative were )Iessrs.-

Adams, J. 0. Akin, L. R.

:1!oon, E. T.

Turner, T. R.

Those not voting were Messrs.-

Boykin, H. A. Carlton, J. A. Dobbs, E. P.

Paulk, Geo. A. Ransom, W. M. Stovall, A. S. J.

Thomas, J. R. Ward, C. A. wren, W. J.

Ayes 30, nays 4.

rrhe bill, having received the requisite constitutional majority, was passed, and the bill is as follows:
A bj]l to be entitled an Act to amend Article Three,

TuESDAY, JrLY 18, 1916.

325

Section Four, Paragrapll Six of tlle Constitution of this State by striking tllerefrom in lines two and tllree tlle words "fifty" and inserting in lieu thereof the words ''sixty.''
SEc. 1. Be it enacted by the General Assembly of tlle State of Georgia, and it is llereby enacted by the authority of the same, That Article Three, Section Four, Paragraph Six of the Constitution of this St~te be and the same is hereby amended by striking therefrom in lines two and three the words '':fifty'' and inserting in lieu thereof the 'Yords "sixty", so that when so amended the said Article, Section and Paragraph shall read as follows, to wit.!
''Xo session of the General Assembly shall continue longer than sixty clays; provided, that if an impeachment trial is pending at the end of sixty days the session may be prolonged till the completion of said trial.''
SEc. 2. Be it further enacted by the authority aforesaid, r:L'hat such amendment shall be agreed to by two-thirds of the members elected to each House; it shall be so entered on their Journals with the ayes and nays taken thereon; the Governor shall cause said amendment to be published in at least two newspapers in each Congressional District in this State for a period of two months next preceding the time of holding the next general election.
SEc. 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication as provided in the Second

326

.JorRXAL OF THE SEXATE,

Section of this Act in the senral election districts of .this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General ~lssembly. All persons voting at said election in favor of auopting this proposed amemlment to the Constitution shall luwe written or printed on their ballots the words :
"For amendment of the Constitution, .Article three: to provide for making sessions of the General Assembly sixty days.''
.And all persons opposed to the adoption of said amendment shall han' written or printed on their ballots the words:
''Against amendment of the Constitution, Article Three, Section Four, Paragraph Six, lines two and three: to provide for making sessions of the General Assembly sixty da~s.''
SEc. 4. Be it further enacted by the authority aforesaid, That the Governor be, and he is hereby authorized and directed to provide for the submission of the amendment proposed in this Act to a vote of the people as required h~- the Constitution of this State in .Article Three, Section Four, Paragraph Six, and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the matter as in cases of election of members of the General Assembly, to count and ascertain the results, issue his proclamation for one insertion in one of the daily papers of this State, announcing such results and declaring the amendment ratified.
SEc. 5. Be it further enacted by the authority

TL"ESDAY, JrLY 18, 1916.

327

aforesaid, That all laws and parts of lmYs in conflict with this Act be and the same are hereby repealed.

By l\fr. \YalkerA bill to amend the Constitution so that the Gov-
<:>rnor 's office will have the use of $8,000 per year instead of $6,000.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
The bill was tabled.

By ~Ir. PeacoekA bill to amend ~.\rticle 3, ~ection 9, Paragraph 1
of the Constitution of Georgia.
The bill was tabled.

By ~Ir. Persons-
A bill to amend Paragraph 1, Section 3, Article 8
of the Constitution of Georgia, providing an educational fund for the schools of this ~tate.
Pending discussion upon the abon bill the hour of adjournment arrived and the Senate adjourned until tomorrow morning at 10 o'clock.

328

JouRNAL OF THE SE~ATE,

SEXATE CHAMBER, ATLANTA, GA.
\,Yednesday, July 19, 1916.

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:

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Carlton, J. A. Dobbs, E. P. Eake!i, W J. Fagan, T.V. Fletcher, H. M. Gillis, N. L. Goolsby, B. F.

Haralson, Pat Harbin, T. W. Harrison, W. T. Holden, .Jno. F. Lawrence, A. A. :Mangham, J. J. :\linter, C. C. ~Joon, E. T. 1\fcCrory, C. R. ~IcFarland, J. R. McLaughlin, B. F. Paulk, ~o. A. Paulk, M. J. Peacock, Z. V.

Pickett, D. C. Pickett, Roscoe Ransom, W. :\1. Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, :Mark Tracy, C. C. Trammell, J. R. Turner, T. R. Ward, C. A. Walker, J. D. Way, J. B. Wren, W. J.

By unanimous consent the reading of the Journal of yesterday's session \Vas dispensed with.

Mr. ~Ioon of the 37th District, Acting Chairman of the Committee on Engrossing, submitted the following report:

Mr. President: Your Committee on Engrossing has examined and
found properly engrossed and ready for transmis-

WEDNESDAY, J-cLY 19, 1916.

329

sion to the House the following Senate bills and resolution, to-wit.:
A bill to amend Section 3444 of the Civil Code of 1910.
A bill to amend Section 4000 of Volume 1 of the Code of 1910.
A bill to alter, amend and revise the several laws relating to and incorporating the mayor and aldermen of the city of Savannah.
A bill to amend Article 3, Section 4, Paragraph 3, of the Constitution of Georgia.
A bill to amend Article 3, Section 4, Paragraph 6, of the Constitution of Georgia.
A resolution for the relief of J. R. \Vestberry, Sr.~ security on criminal bond.
A bill to amend Section 4253 of the Code of Georgia, in relation to attorney's fees in notes.
Respectfull}' submitted, E. T. MooN, Acting Chairman.

:Jir. Peacock of the 14th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President: Your Committee on Corporations has had under
consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:

330

,JorR~AL OF THE SE~ATE,

A biH to charter the town of \Yaleska in the county of Cherokee.
A bill to amend au Act eutitleu au ~\ct to consolidate, amend and supersede the several Aets mcorporating- the town of Louisville, Georg-ia.

A bill to amend au Act to incorporate the city of King-sland in the county of Camden.

A bill to amend and revise the charter of the town of Norwood, Georg-ia.
Respectfully submitted, Z. V. PEACOcK, Chairman.

:Mr. Peacock of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

1vlr. President: Your Committee on Corporations has had under
consideration the fo1lowing bill of the Senate and instructed me as their chairman to report same hack to the Senate with the recommendation that same do pass by substitute, to-wit.:
A bill to extend the boundary line of the town of Mt. Airy.
Respectfully submitted, PEACOCK, Chairman.

Mr. Boykin of the 17th District, Chairman of the Committee on Enrollment, submitted the following report:

\YEDXESDAY, .J-C"LY 19, 1916.

331

2111. President: Your Committee ~m Enrollment report as duly en-
rolled 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 fix the salary of the County Treasurer of Elbert County.
An Act to amend Section 1534 of the Code of Georgia.
Respectfully submitted, H. A. BonnN, Chairman.

:Mr. Boykin of the 17th District, Chairman of the Committee on Enrollment, submitted the following report:

1Ur. President:
Your 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 fix the salary of the County Treasurer of Elbert County.

An Act to amend Section 1534 of the Code of Geor-

gia.

Respectfully submitted,

H. A. BOYKIN, Chairman.

l\Ir. ~Iangham of the 38th District, ( 'hairman of the Committee on Commerce and Labor, submitted the following report:

332

JouRNAL OF THE SENATE,

Mr. President: Your Committee on Commerce and Labor has 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 provide for the payment of all wages due manual, clerical and mechanical lahorers of all corporations, firms, etc.
Respectfully submitted, .T. J. ~L-\NGHAM, Chairman.
Mr. ~foon of the 37th District, Chairman of the C'ommitte.e on General Judiciary, submitted the following report:

Mr. President : Your Committee on General Judiciary has had un-
der consideration the following bills of the Senate and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend Section 1207 of the Penal Code of 1910.
A bill to require the approval of the Railroad Commission of the construction of duplicate pu blie utilities.
A bill to repeal an Act approved August 12, 1910, providing for the protection of persons furnishing material and labor for the construction of pub1ic works.

''?EDXESDAY, ,JFLY 19, 1916.

333

The committee has also had under consideration the following bill of the Senate which I am instructed to report back to the Senate with the recommendation that the same do not pass, to-wit.:
A bill to amend an Act to establish the City Court of LaGrange.
The committee has also had under consideration the following bill of the House which I am instructed to report back to the Senate with the recommendation that the same do pass as amended, to-wit.:
A bill to repeal the Act creating City Court of Nashville.
Respectfully submitted, E. T. MooN, Chairman.
Mr. Goolsby of the 28th District, Chairman of the Committee on Counties and County ~ratters, submitted the following report:
Mr. President: Your Committee on Counties and County Matters
has bad under consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to create the office of Supervisor of Roads and Revenues for the county of Bryan.
A bill to repeal an Act to create a Board of CommissionerFJ of Bryan County.
A bill to fix the salary of the Treasurer of Barrow County.

334

JorRNAL OF THE SENATE,

Your Committee has also had under consideration the foJlowing House bill which they instruc-t me to report back to the Senate with the recommendation that the same do pass by substitute, to-wit.:
A bill to abolish the office of Treasurer of Turner County.
Respectfully submitted, B. E. GooLsBY, Chairman.

The following minority report was submitted from the Committee on Counties and County ::VIatters, towit.:

"TJlir. Preside11t: e, the undersigned, herewith submit our minority report on Honse Bill No. 761 by Committee on Counties and County )fatters, and recommend that same do not pass for the following reason:
That same establishes in lieu of three connmssioners elected by the people, one supervisor agaimt the -wishes of the people of Bryan County.
H. A. BOYKIN, 17th Dist.

The following minority report was submitted from the Committee on Counties and County 2\Iatten;, towit.:
Mr. Presi.dent: \fe, the undersigned, herewith submit a minority
report to the report of the Counties and County :Matters Committee on House Bill No. 763, that the same do not pass, for the following reason :

\VEDXESDAY, JULY 19, 1916.

335

Beeause said bill repeals an Act to provide for the ereation of Board of County Commissioners of Bryan County, ag-ainst the wishes of the people of Bryan County.
H. A. BonnN, 17th Dist.

.Mr. vVren of the 18th District, Chairman of the Committee on Agrieulture, submitted the following report:
Mr. President: Your Committee on Ag-riculture has had under
consideration the following- hill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to require purchasers of cotton seed to keep record thereof, showing description, seller, date of purehase, etc.
Respectfully submitted, W. J. WREN, Chairman.

The following- Senate bill was taken from the table, to-wit.:
By 1\Tr. :McLaughlinA bill to amend Paragraph 1, Section 1, Article 13,
of the CoLstitution of Georgia.
Mr. La"-rence, ex-officio Chairman of the Rules Committee, submitted the following report, to-wit.:
Mr. President: The Committee on Rules recommends that Senate

336

JouRNAL OF THE SENATE,

Bill No. 269 be taken up as a special and continuing order immediately after unfinished business is disposed of.
Respectfully submitted, A. A. LAWRE~CE, Chairman.

Mr. Stovall moved to disagree to the report of the Committee, and upon this motion the ayes and nays were ordered and the vote was as follows, to-wit.:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Buchanan, W. A. Fagan, T.V. Fletcher, H. M.

;\iangham, J. J. Minter, C. C. ;\loon, E. T. McCrory, C. R. McFarland, J. R. Peacock, Z. V.

Stovall, A. S. J. Thomas, J. R. Tison, :Nlark 'l'r:wy, C'. C. Way, J. B. Wren, W. J.

Those voting in the negative were :Yiessrs.-

Boykin, H. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Eakes, W. J.

Gillis, N. L. Haralson, Pat Harrison, W. T. McLaughlin, B. F. Paulk, Geo. A.

Paulk, ::'li. J. Pickett, D. C. Turner, T. R. Walker, J. D.

Those not voting were Messrs.-

Carlton, J. A. Goolsby, B. F. Harbin, T. W. Hol<len, Jno. F.

Lawrence, A. A. Pickett, Roscoe Ransom, W. l\1.

Smith, E. M. Trammell, J. R. Ward, C. A.

Ayes 19, nays 14.

The report of the committee was disagreed to.

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

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

\YED~ESDAY, ,J-CLY 19, 1916.

')1)-
001

tional majority, the following bills of the SenatP, to wit.:

A bill to incorporate the city of Hinesville, in Liberty County.

A bill to be entitled an Act to change the time of

holding the Superior Court in the county of Troup,.

in the Coweta Circuit.



A bill to be entitled an Act to amend an Act to establish a City Court in the county of Hall.

A bill to repeal an Act entitled an Act to establish a City Court in the county of Hall.

A bill to establish a City Court in the city of Jesup~ \Vayne County.

A bill to abolish the County Court of \Yayne County.

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

Mt. President: The House has passed by the requisite constitu-
tional majority the following resolutions of the Senate, to-wit.:
A resolution authorizing appointment of additional State depository at Macon.
The House has concurred in the following resolution of the Senate, to-wit.:
A resolution tendering city of Athens the thanks of the General Assembly for their entertainment on the 12th inst.

338

JouRNAL OF THE SENATE,

A resolution requiring the State Tax: Commission-
er to furnish the House and Senate the cost to each
county of administering the Tax: Equalization Act.
A resolution to lH'OYide for a joint committee t~
take under consideration all rroposed measures affecting the Tax: Equalization Law.
The Speaker has appointed as the committee on the part of the House:
:\'Iessrs. Jones of Coweta, Swift of Muscogee, Bale of Floyd, Edwards of "\Valton.

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.:
A bill to appropriate $50,000 for the building of a dormitory upon the campus of the South Georg-ia State Normal College.
A bill to change the time and terms of holding Superior Court of Montgomery County.
A bill to change the time of holding Bleckley Superior Court.
A bill to abolish the office of County Treasurer of Jackson County.

WEDXESDAY, .JULY 19, 1916.

33!)

A bill to create a Board of Commissioners of Roads and Rennues of county of Floyd.
A bill to amend an ..Act to establish a new charter for the town of Eton.
A bill to abolish City Court of .:\fonroe.
A bill to abolish the office of County Treasurer of Pulaski County.
A bill to create six road districts in and for Ben Hill County.
A bill to abolish office of County Treasurer of Randolph County.
A bill to abolish the office of County 'rreasurer of :Mcintosh County.
A bill to abolish office of County Treasurer of Chattahoochee County.
A bill changing term of Commissioners of Roads. and Revenues of Glynn County.
A bill to abolish the office of County Treasurer of Burke County.
The House has adopted the following resolution, in which the concurrence of the Senate is asked, towit.:
A resolution to accept painting of Nancy Hart from Piedmont Continental Chapter, Daughters of American Revolution, and same ordered bung upon walls of the Capitol.

340

JOURNAL OF THE 8E~ATE,

The following Senate bill was read the third time, to-wit.:
By )Ir. AdamsA bill to amend an Act incorporating the city of
Gainesville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 26, na~s
0.
The bill, having received the requisite constitutional majority, was passed.
The following unfinished business was taken up, to-wit.:

By 1\'Ir. PersonsA bill to amend Paragraph 1, Section 3', Article 8,
of the Constitution, providing an educational fund for the schools of this State.
Pending discussion of the bill, the Senate at 12 :30 o'clock p.m., adjourned until tomorrow morning at 10 o'clock.

THURSDAY, .JULY 20, 1916.

341

SEl{ATE CHAMBER, ATLANTA, GA.
Thursday, July 20, 1916.
The Senate met pursuant to adjournment at 10 o'clock A. I\I., and wa::: called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
:VIr. Harrison of the 25th District, Chairman of the Committee on Engrossing~ submitted the following report:
Mr. President: Your Committee on Engrossing has examined and
found properly engrossed and ready for transmission to the House, the following bill of the Senate, to-wit.:
A bill to amend an Act incorporating the city of Gainesville.
Respectfully submitted, W. T. HARRISON, Chairman.
Mr. Lawrence of the 1st District, Chairman of the committee to investigate the differences between citizens of certain counties of North Georgia and the Tennessee Copper Co., submitted the following report:

342

JouRNAL OF THE SENATE,

il-J.r. President:
Your committee :bas had under consideration the following resolution of the Senate and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass as amended, to-wit.:

A resolution to authorize the Governor to enter

into a new contract with the Tennessee Copper Com-

pany.

R.espectfully submitted,

A. A. LAWRENCE, Chairman.

:Nfr. Smith of the 34th District, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. President:
Your Committee on Constitutional Amendments has 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 pass :

No. 307. By Mr. "\Vay of the 2nd District-

A bill to amend Section 3, Article 3, Paragraph 1

of the Constitution of the State of Georgia to pro-

vide for representation for county of Evans.

R-espectfully submitted,

July 20, 1916.

SMITH, Chairman.

:Mr. Smith of the 34th District, Chairman of the Committee on Constitutional Amendments, submitted the following report:

THURSDAY, ,JULY 20, 191G.

34-3

Jlr. President:
Your Committee on Constitutional Amendments has had under consideration the following bill of the House and instructed me as their chairman to report snme back to the Senate with the recommendation that same do pass by substitute, as amended:

By .Messrs. Brown and Arnold of Clarke and Bale

of Flo~rd-

~o. 709. A hill to be entitled an Act to amend

Paragraph 1, Section 13, Article 6, regulating the

salaries of the judges of the "Supreme Court and Su-

perior Courts, etc.

Respectfully submitted,

.Tul~ 20, 1916.

K M. SMITH, Chairman.

.Mr. Turner of the 21st District, Chairman of the Committee on Banks and Banking, submitted the following report:

Jill r. President: Your Committee on Banks and Banking has had
under consideration the following bills of the Senate and instructed me as their chairman to report same hack to the Senate with the recommendation that same do .pass, to-wit. :
A hill authorizing the Governor to appoint a fourth State depository in the city of Macon.
A bill to confer upon banking companies the right to do business subject to the liabilities and restrictions of trust companies.

344

JoURNAL oF THE SENATE,

A bill to repeal Sections 3438 and 3442 of the Code of 1910, regulating forfeiture.
Respectfully submitted, TuRNER, Chairman.
Mr. Peacoc.k, Chairman of the Committee on Corporations, submitted the following report:
Mr. President: Your Committee on Corporations having had un-
der consideration House Bill No. 231, which was recommitted July 17, 1916, beg to recommend that Senate recede from its amendments, to which the House of Representatives refused to agree, and that the bill do pass as further amended by committee.
Respectfully submitted, PEACOCK, Chairman.
Mr. McCrory, Chairman of the Committee on the Tuberculosis Sanitarium, submitted the following report:

To the General Assembly of Georgia:
Your Committee on the Tuberculosis Sanatorium beg to report as follows:
A joint committee visited the Sanatorium on the 15th of .July, 1916, and found that the buildings are erected on the south side of a mountain and it seems an ideal location for the treatment of tuberculosis.
The State owns 257 acres of land and part of it is in a high state of cultivation. The crops are as good, or better, than at the farm at Athens. We vi8ited the various cottages and find that the patients need more milk and that the herd of cows now on the

THCRSDAY, .JULY :W, 1916.

345

farm does not give sufficient milk for the patients. Your committee would recommend that the trustees be furnished sufficient funds hy appropriation, with which to buy enough cows to supply milk to tlie patients. Your committee also finds that they have 71 patients and that seYeral of the patients are in the building in which the cooking and washing is done, and the superintendent and nurses have to stay.
This institution is worthy of liberal support from the State, and a suitahle building is necessary for the purpose, a doctors' and nurses' home, and also for cooking and washing and storage of food.
We find that the tract of land contains 257 acres located two miles from ~\Ito of which about 60 acres are in a high state of cultivation. The elevation is 1,600 feet abon sea level. The air is pure and invigorating. The group of buildings consists of a small infirmary building containing a small dining roon~ and staff quarters and eight shacks for patients.
The building is entirely too small for the use intended, and the stove used to cook food is too small for the purpose.
Your committee incorporate the following letter from Dr. Wm. V. Parramore as part of their report:

Jor~T CoMMITTEE OF HovsE AND SENATE CoMMrTTEE oF TcBERC"C"Losrs SA~ATORIUM AT ALTO.
DEAR Sms: In compliance with your request of yesterday, I am giving you the data on the building that was spoken of.

346

JouRNAL oF THE SENATE,

Our present infirmary building not only houses as many of the sil'kest patients as we have room for, but we are compelled to use a part of it for lmsiness offices, physician's office, nurses' quarters, superintendent's quarters, a dining room for patients and staff, and a small enclosed porl'h at one end as a kitchen in which all the food has to be prepared. \Ye are also using a small space in the basement of this building in which to do the laundry for the whole pl:we, and on account of the close quarters we are compelled to do all of this laundry work hy hand, as there is no room for any machinery.
\Ve had, seYeral years ago, a plan drawn for a building that would reliew this 'crowded condition. The estimated cost at that time wali thirty-five thousand dollars. In this building provision if.! made in the basement for n laundry with all the necessar~- maehinery, also cold storage, boiler room, coal bunkers, etc., and one end for general storage purposes. Provision is also made for a large dining room, suffieient in capacity to provide room until the Sanatorium is increased to five hundred inmates. Adjoining this dining room 1novif'ion is made for a kitchen with all modern conveniences. As there would be more room in this huilding than was needed
at the time, a part of it could be used a;;. quarters for the nurses, physicians, superintendent, etc., removing them from our present infirmary, and not only making them more comfortable, but also providing room for about twenty more patients. Our preRent kitchen could then be used for preparing speeial diets for the sickest
patients, a thing that it is impossible for us t''
do under present conditions.
1\lith the conveniences that this building would

THURSDAY, .J<:LY :.W, ]fllG.

347

pro,ide we would be able to cook the food better and serYe it in a much more attractive way tlwn we can possibly do now.
Another thing that I wish to call your attt:ntion to is our dairy. At present we are not getting sufficient milk to supply our patients. K o appropriation has eYer been made for this dairy and at the time we started our funds were so low that we could buy only scrub cattle. Sufficient money to purchase thirty good cows would enable us to supply an abundance of milk and butter at all times.
Trusting that this conrs the ground fully, am,
Yours Yery truly, (Signed) \Yl\L A. PARRAMORE.

vVe recommend that sufficient funds be appropri-

ated to erect the building as we know it is needed

for these unfortunate people.

C. R. ::\IcCRORY,

Chairman Senate Committee.

s.. A.

J. STOVALL,

Necretary Senate Committee.

\Y. J. ::\f..\.THEWS,

Chairman House Committee.

c. L.

ALLEN,

Secretary House Committee.

']'he Senate took up the following unfinished business of yesterday's session.
By l\Ir. PersonsA bill to amend Paragraph 1, Section 3 of Article
8 of the Constitution, providing an educational fund for the schools of this State.

348

JouRNAL OF THE SENATE,

The following amendment was read and adopted, to-wit.:
Mr. Persons moved to amend by striking the word "two" before the word "mills" wherever it appears in the bill and insert in lieu thereof the words ''two and one-quarter."
Tl1e report of the committee, which was favorable to the passage of the hill, was agreed to, as amended.
Pending a vote upon the passage of the bill ::\Ir. Persons moved to table the bill and upon this question the ayes and nays were ordered.
The vote was as follows:

Those voting in the affirmati,:e were :Messrs.-

Adams, J. 0. Akin, L. R. Buchanan, W. A. Burnside, J. B. Carlton, J. A. Dobbs, E. P. Eakes, W. J. Fagan, T.V.

Gillis, N. L. Goolsby, B. F. Minter, C. C. i\Ioon, E. T. McFarland, J. R. McLaughlin, B. F. Peacock, Z. V. Pickett, D. C.

Fickett, Roscoe Smith, E. M. Tison, ::.\1ark Trammell, J. R. Walker, J. D. Way, J. B. Wren, W. J.

Those voting in the negative were Messrs.-

Bailey, L. S. Bonner, T. B. Harrison, W. T. Holden, Jno. F.

Mangham, J. J. McCrory, C. R. Stovall, A. S. J.

Thomas, J. R. Trary, C. C. Turner, T. R.

Those not voting were Messrs.-

Boykin, H. A. Uallahan, :J. W. Fletcher, H. M. Ifnalson, Pat

Harbin, T. W. Lawrence, A. A. Paulk, Geo. A.

Paulk, M. J. Ransom, W. M. Ward, C. A.

Ayes 23, nays 10.

:.w, THLRSD.H, JL"LY

1916.

349

The motion to table preYailed.
The following message was received from the House, through :\Ir. Boifeuillet, the Clerk thereof:

Mr. President: The House has passed by the requisite constitu-
tional majority the following bills of the House, towit.:
A bill to authorize Ordinary of Murray County to take charge of the Treasurer's books and to transact business of the county.
A bill to repeal an Act to create a Commissioner of Roads and Revenues for Telfair County.
A bill to create the office of Commissioner of Roads and Revenues for Telfair County.
A bill to abolish office of County Treasurer of Brooks County.
A bill to amend Section 1249 of Volume 1, Code of 1910, so as to add city of Vienna to list of State depositories.
A bill to amend charter of city of Columbus.
A bill to amend charter of town of Pinehurst.
A bill to increase number of terms of Haralson Superior Court.
The following message was received from the House, through 1\Ir. Boifeuillet, the Clerk thereof:
i11r. President: The House has passed by the requisite constitu-

350

J OUR~L\L OF THE SEXATE,

tional majority the following bill of the House, towit.:
A bill to amend the charter of the town of Cusseta, Georgia.
The following Senate bills were read the first time, to-wit.:

By }fessrs. Bumside, Pickett of 11th District and Dobbs-
A bill to create a State Highway Commission.
Referred to Counties and Count~- }fatters Committee.

By :Mr. BuchananA bill to amend an Act to create and incorporate
the city of Blakely.
Referred to Special Judiciary Committee.

By Mr. BaileyA bill to create and organize a co1lege at Dawson-
ville as a branch of the University of Georgia.
Referred to Education Committee.

By :Yiessrs. -walker and Pickett of 11th DistrictA bill to repeal an Act providing for the payment
of fees to ordinaries in connection with pension work.
Referred to Pensions Committee.

By Mr. DobbsA bill to amend an Act creating a Board of Lights
and Water Works for the city of Marietta.

'rHUHSDAY, ,JULY :20, 1D16.

351

Referred to Corporations Committee.
The following House resolution was read and adopted, to-wit.:

By ::\Ir. Bullard of CampbellA resolution to accept painting of Nancy Hart and
ordering same hung upon walls of the Capitol.
The following bills of the House were read the first time, to-wit.:

By ::\fr. GriffinA bill to appropriate $30,000 for the building of a
dormiton upon the campus of the South Georgia Normal College at Valdosta.
Referred to ~~ppropriations Committee.

By ::\Ir. GillisA bill to change the time of holding the Superior
Court of ::\Iontgomery County.
Referred to Special Judiciary Committee.
By ::\ir. \Valker of BleckleyA bill to change the time of holding the Superio:::-
Court of Bleckley County.
Referred to Special Judiciary Committee.
By ::\fessrs. Allen and StarkA bill to abolish the office of County Treasurer of
.Jackson County.
Referred to Counties and County Matters Committee.

352

JOURNAL OF THE SEXATE,

By :Messrs. Bale, Anderson and FindleyA bill to create a Board of Commissioners of
Roads and Revenues of the county of Floyd.
Referred to Counties and County Matters Committee.

By Mr. BeckA bill to establish a new charter for the town of
Eton.
Referred to Corporations Committee.

By Messrs. Adams and Edwards of WaltonA bill to abolish the City Court of ~-fonroe.
Referred to Counties and County Matters Committee.

By :Jir. Chancey-
A bill to abolish the office of County Treasurer of
Pulaski County.
Referred to Counties and County Matters Committee.

By :Yir. Walker of Ben HillA bill to create six road districts in the county of
Ben Hill.
Referred to Counties and County Matters Committee.
By Mr. Short of RandolphA bill to abolish the office of County Treasurer of
Randolph County.

THURSDAY, ,JULY 20, 1916.

::333

Referred to Counties and County :Matters Committee.

By :Mr. Clarke of ::\felntoshA bill to abolish the offiee of County Treasurer of
:Mdntosh County.
Referred to Counties and County Matters Committee.

By ::\fr. Gord~-A bill to aholish the office of County Treasurer of
Chattahoochee Count.1.
Referred to Counties and County ~iatters Committee.

By ~fr. DartA hill to change the term of Commissioners of
Roads and ReYenues of Glynn County.
Referred to Counties and County Matters Committee.

By Messrs. Heath and FullbrightA bill to abolish the office of County Treasurer of
Burke County.
Referred to Counties and County Matters Committee.

By Mr. Rushin of Dooly-
A bill to amend Section 1249 of Volume 1 of the Code, so as to add the city of Vienna to the list of State depositories.

354

JouRNAL oF THE S:sNATE,

Referred to Banks and Banking Committee.

By ::\Ir. EdwardsA bill to increase the number of terms of Superior
Court of Haralson County.
Referred to Special Judiciary Committee.

By )lr. BeckA bill to authorize the Ordinary of )furray Coun-
ty to take charge of the Treasurer's books.
Referred to Counties and County Mattei'S Committee.

By }lessrs. Turner and HodgesA hill to aholish the office of County Treasurer of
Brooks County.
Referred to Counties and County :\fatters Committee.

By 1Iessrs. Swift, Neill and \YohlwenderA bill to amend the charter of the city of Colum-
bus.
Referred to Corporations Committee.

By )fr. CookA hill to create the office of Commissione1 of R.oads
and Revenues for Telfair County.
Referred to Counties and County Matters Committee.
By ~fr. Rushin of DoolyA bill to amend the charter of the town of Pine-
hurst.

THURSDAY, ,fGLY 20, 1916.

355

Referred to Corporations Committee.

By Mr. CookA hill to repeal an Act to create a Commissioner
of Roads and ReYenues for Telfair County.
R.eferred to Counties and County Matters Committee.

By xlr. GordyA hill to amend the charter of the town of Cusseta. Referred to Corporations Committee. The following House bill was tabled, to-,.,it.:

By .Mr. Young of TiftA hill to repeal an Act to establish the City Court
of Tifton.
The following House bill was tabled, to-wit.:

By :Yiessrs. Blackburn, Atkinson and AndrewsA bill to amend an Act ereatiug the :Municipal
Court of Atlanta.
The following hills of the House were read the second time, to-wit.:

By MI'. SimpsonA bill to amend the charter of the town of 'Valeska.

By Mr. Lile of Camden-
A bill to amend the charter of the city of Kingsland.

356

JouRNAL OF THE SENATE,

By ~Ir. Knight-

A hill to repeal the Act creating the City Court of

Kashvi11e.



By ~Iessrs. Arnold of Clarke, Brown of Clarke and Bale-
A bill to amend Paragraph 1, Section 13, Article 6, of the Constitution of Georgia.

By J\lr. KingA bill to amend the charter of the town of Louis-
ville.

By l\Ir. VeazeyA bill to amend the charter of the town of :Nor-
wood.

By ~Iessrs. Hines and LaneA bill to require all purchasers of cotton seed to
keep a record the1eof.

By :Mr. Carithers of BarrowA bill to fix the salary of the Treasurer of Barrow
County.

By ~lr. HutchesonA bill to abolish the office of Treasurer of Turner
County.
The following Senate bills were taken up for a third reading to be placed upon their passage, towit. :

By ::.\lr. HaralsonA bill to establish a State Board of Forestry.

THrRSDAY, .J-CLY 20, 1916.

357

The report of the committee, -which was favorable to the passage of the bill, \\'as agreed to.
l~pon the passage of the bill the ayes were 20, nays 0.
The bill, haYing receiYed the requisite constitutional majority, was passed.

By :\Ir. \YardA bill to amend the charter 6f the city of Douglas.
The report of the committee, which was favorable to the passage of the bill, 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 :\Ir. TisonA bill to repeal an Act to incorporate the city of
Isabella.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
l~pon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By ~Ir. HarrisonA bill to provide a system of public schools for
the town of Yatesville.

358

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 26, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was tabled, towit.:

By .1Ir. Persons~ A hill to authorize the Governor to appoint a
fourth State depository in the city of Macon.
The following bin of the Senate was read the third time and tabled, to-wit.:

By Mr. RansomA bill to authorize county boards of education to
furnish school supplies to pupils and fix fees for same.
The following bills of the Senate were read the second time, to-wit.:

By Mr. Smith-
A bill to repeal an Act approved August 12, 1910, to enact an Act for making contracts by State, counties and municipal corporations, etc., for doing public work.

By :Mr. Way- To amend Par. 1, Sec. 3, Art. 3 of the Constitu-

THLRSDAY, ,J-CLY 20, 1916.

359

tion of Georgia, so as to provide for representation of the county of Evans in the General Assembly.

By Messrs. Burnside and Holden~\ bill to amend Section 1207 of the Penal Code.
By ~[r. Bonner~\ bill to extend the corporate limits of the town
of Mt. Airy.
The following bills of the House were read the third time to be put upon their passage, to-wit.:

By ~fr. Steele.\ hill to amend the charter of the town of Decatur.
The report of the committee, which was favorable to the passage of the bi11, was agreed to.
l'pon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By ~Ir. SteeleA bill to amend the charter of the town of Decatur.
The report of the committee, which was favorable to the passage of the bill, 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.

360

JouRNAL oF THe SEXATE,

By }fr. Knight of BerrienA bill to amend the charter of the town of ~fill
town.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
rpon the passage of the bill the ayes were 26, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By .:\Iessrs. Blackburn, Andrews and Atkinson of Fulton-
A bill to amend an Act to repeal all laws incorporating the city of Manchester.
The report of the committee, which was favorable to the passage of the bill, 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. Blackburn, Andrews and AtkinsonA bill to amend an Act to repeal all laws incor-
porating the town of Manchester.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
1Jpon the passage of the bill the ayes were 30, nays 0.

Tm:R::;DAY, ,JcLY 20, 1916.

361

The bill, having received the requisite constitutional majority, was passed.

By ::Hessrs. Blackburn, Andrews and AtkinsonA bill to amend an Act to repeal all laws incor-
porating the city of :Jfanchester.
'l,he report of the committee, which was favorable to the pa~sage of the bill, was agreed to.
L pon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill of the Senate was read the first time, to-wit.:

By :Jir. BuchananA bill to abolish the office of County Treasurer of
E'ar]y County.
Referred to Counties and Co'tmty ~ratters Committee.
Lpon motion Senate Bill No. 224 was tabled.
The following resolution was read and adopted, to-wit.:

By :Jfr. "\Valker of the 20th District-
wHEREAs, During the Extraordinary Session of the Legislature last November there was appropriated approximately $6,500,000.00, a sum larger than at any previous session of the Legislature, and

362

J orRXAL OF THE SEXATE,

wHEREAs, These appropriations, according to Comptroller-General \Yright will cause a deficit in 1916 of $206,000.00, even at the ma..ximum tax limit of fiye mills, and
\iVHEREAs, The House Appropriation Committee J1as favorably reported at this session new appropri.ations aggregating nearly eight hundred thousand dollars and the House has already concurred in over a hundred thousand dollars of same, and
"\VHEREAs, The Senate is as anxious as the House to respond to all proper demands of State Institutions and appropriate money \\here needed if the State finances will permit, and
wHEREAS, The Senate is unable to locate the funds for these proposed appropriations or to see where it is possible to make said appropriations without running the State very much in debt, which we do not believe the tax payers want done, and
WHEREAs, The State's financial affairs should be as carefully and economically administered, as our own and no funds should be appropriated beyond the ability of the State to pay, and
"\VHEREAS, With the threatened repeal of the Tax Equalization Law, it is our belief that it is no time to incur obligations that might embarrass the State,
THEREFORE, REsOLVED, That the Senate, the House . concurring, appoint a committee of three from the Senate and four from the House to look into the finances of the State and advise tbe Joint Assembly by July 27, 1916, if the State is in position to increase appropriations at this session and how much.

THURSDAY, JULY 20, 1916.

363

The following Senate resolution was taken up for a third reading to be put upon its passage, to-wit.:

By Mr. HaralsonA resolution to authorize and direct the Governor
to enter into a new contract with Tennessee Copper Company as of October the :first, 1916, a~d to prescribe the terms of such contract and for other purposes.
The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.
Upon the passage of the resolution the ayes were 30, nays 0.
The resolution, having received the requisite constitutional majority, was passed as amended, and the amendments were as follows, to-wit.:

AMENDMENT TO SENATE RESOLUTION N0. 83.
1st. The committee amends as follows: By striking the word ''five'' in the fifth line of the resolution and inserting ''three'' in lieu thereof.
2nd. By adding at the end of the third clause the following: "Said arbitrator and umpire appointed by the Governor shall be removable by the Governor for cause.''
3rd. By striking the words and figures ''One hundred and twenty-fiye ($125.00) do11ars" in the fourth clause and inserting the words and figures ''one hundred and fifty ($150.00) dollars" in lieu thereof.

364

JOURNAL OF THE SE~ATE,

4th. By adding at the end of the :Bfth clause the following: ''Should the amounts paid out in awards and expenses during any year be less than $16,500 and the amount of awards and expenses accruing for any succeeding year exceed $16,500, then the company shan be liable to the extent of the difference between $16,500 and the amount actually paid out for awards and expenses, it being the intention to make the liability cumulatiYe, but it shall not exceed $49,500 during the three years.''
5th. By striking the sixth paragraph and inserting the following in lieu thereof:
'' 6. The Tennessee Copper Company shall within ten days from the execution of said contract file with the State of Georgia in the sum of $49,500 with some good, solvent surety company, authorized to do business in this State and approved by the Governor as party thereof, conditioned for the payment of each and every award made within the limits and under the terms of said contract and each and eYery item of expenses due to be paid h~ them as an(l when the same become due under said contract, hy the terms of which said bond the surety company shall agree to pay said award and said expenses as and when the same become due; in the event the Tennessee Copper Company fails to pay them, or any of them as a primary obligation and not as guarantor."
7. By striking out the repealing clause of the resolution.
The following bill of the House was ordered recommitted to General Judiciary Committee, to-wit.:

THURSDAY, JULY :20, 1916.

365

By ~Ir. KnightA bill to repeal an Act creating the City Court of
NashYille.
The follo\\ing bill of the Senate was taken up for a third reading to be put upon its passage to-wit.:

By l\1r. PersonsA bill to amend Paragraph 1, Section 4, Artiole 8,
of the Constitution of Georgia, granting authority to counties to leYy local tax for public schools.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes .and nays were ordered.
Pending the call of the ayes and nays l\Ir. Dobbs moYed to table the bill. The motion prevailed.
The hour of 1 o'clock p. m. having arrived, the Senate adjourned until tomorrow morning at 10 o'clock.

366

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
Friday, July 21, 1!116.
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.
By unanimous consent the call of the roll was <lispensed with.
By unanimous consent the reading of the .Journal of yesterday's session was dispensed with..
::\Ir. Haralson, of the 4-0th District, Vice-Chairman of the Committee on Engrossing, submitted the following report:
Mr. President: Your Committee on Engrossing has examined and
found properly engrossed and ready for transmission to the House the following resolutions and bills to wit.:
A resolution providing for a joint committee to inquire into the condition of the State finances.
A bill to establish a State Board of Forestry. A bill to repeal an Act to incorporate the City of Isabella. A resolution to authorize and direct the Governor

FRIDAY, .JuLY 21, 1916.

367

to enter into a new contract with Tennessee Copper Company.
Respectfully submitted,
pAT HARALSON'
Vice-Chairman.
~fr. Boykin, of the 17th District, Chairman of the Committee on Enrollment, submitted the following report:

J.llr. President : Your Committee on Enrollment report as duly en-
rolled and. ready for the signature of the President of the Senate and Speaker of the House the following Acts and resolution, to wit.:
An Act to incorporate the City of Hinesville.
An Act to change the time of holding the Superior Court in the County of Troup.
An Act to repeal an Act entitled an Act to amend an Act to establish a City Court in the County of Hall.
A resolution authorizing appointment of an additional State Depository at :\facon.
Respectfully submitted, H. A. BoYKIN, Chairman.
Mr. Boykin, of the 17th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President: Your Committee on Enrollment report as duly

368

JouRNAL oF THE SENATE.

sig-ned by the President of the Senate and Speaker of the House and delivered to the Governor the following Acts and resolution, to wit.:
An Act to incorporate the City of Hinesville.
An Act to change the time of holding the Superior ('ourt in the County of Troup.
An Act to repeal an Act entitled an Act to amend an Act to establish a City Court in the County of Hall.
A resolution authorizing appointment of an additional State Depository at ~lacon.
Respectfully submitted, H. A. BoYKI~, Chairman.

.Mr. Stoyall, of 30th District, Chairman of the Committee on "Cniversity of Georgia, submitted the following report:

Mr. President: Your Committee on University of Georgia has had
untler consideration the following resolution of the Senate, ancl instructed me as their Chairman to report same back to the Senate with the recommenclation that same do pass, to wit.:
A resolution authorizing the State Librarian to deliver to th!:? Law Library of the "Cniversity of Georgia two complete sets of Georgia Reports, and two complete sets of the Reports of the Courts of Appeals of Georg-ia.
Respectfully submitted, A. J. SrroVALL, Chairman.

FRIDAY, .Tt:LY :21, 19Hi.

369

:~VIr. Adams, of the 33'cl District, Chairman of the Committee on Special .Judiciary, submitted the following report:

ill r. President: Your Committee on Special Judiciary has had un-
der consideration the following bill of the Senate, 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 amend an Act approved August 16, 1915, entitled an Act to amend an Act entitled ''An Act
to create and incorporate the City of Blakely, Geor-
gia.''
Your Committee has further had under consideration the following hill of the House and recommend that it do pass:
A bill to increase the number of terms of Haralson
Superior Court, Haralson County. Res1)eetfully submitted, J. 0. ADAMS, Chairman.

)Jr. Adams, of the 33d District, Chairman of the Committee on Special .Judiciary, submitted the following report :

M 1'. President: Your Committee on Special Judiciary has had un-
der consideration the following bills of the House, and have instructed me as their Chairman to re-

370

J OURS.-\L OF THE SE~ATE,

port :;ame back to the Senate with the recommendation that same do pass, to wit.:
A hill to change the time of holding the Superior Court of ~Iontgomery County.
A bill to change the time of holding the Bleckley Superior Court.
Respectfu11~" suhmitted,
J. o_ A.n.UIS, Chairman.

Mr. Fletcher, of the 26th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. President: Your Committee on Insurance has had under con-
sideration the following bills of the Senate and instructed me as their Chairman to report same back to the Senate with the recommendation that same do pass, to wit. : .
A bill to provide the manner in which fidelity insurance companies and surety companies may retire from doing business in this State.
A bill to prohibit foreign corporations from doing a fiduciary business in this State.
R~spectfulJy submitted, FLETCHER, Chairman.
The following message w~s received from the House, through :Mr. Boifeuil1et, the Clerk thereof:
Mr. President.: The House has passed by the requisite constitu-

FRIDAY, .Jt:LY :21, 1916.

:371

tional majority the following bills of the House, to \vit.:
A bill to amend Seetion 49::l:2 of Code of 1~!10, so as to allo"~ women the privilege of practicing law.
A bill to amend Section 1:24~) of the Code, so as to add Cumming to list of State Depositories.
A bill to provide four terms a year of Superior Court of Barrow County.
A bill creating City C'ourt of Sylnster.
A bill to appropriate fifty thousand dollars to Georgia Xormal and Industrial College.
A bill to amend charter of City of Athens. A hill to create a Board of Supervisor of Roads and Bridges for County of -:Hurray.
A bill to amend charter of town of Fort Valley.
A bill to amend charter town of Monroe.
A bill to amend charter of City of Social Circle. A bill to establish City Court of Hinesville.
A hill to amend charter of town of }fartin.
A bill to create new charter for City of Bostwick. A bill to authorize City of Macon to ratify a deed heretofore made to parts of street in }aeon.

A bill to amend Ac.t providing fe>r a system of public sch<?ols in Albany.
A bill to amend charter of town of Comer.

372

JOURNAL OF THE SENATE,

A bill to amend Act creating City Court of Springfield.
The House has concurred in the Senate ameiHlment to the following bill of the House, to wit.:
A bill to abolish office of Treasurer of Coffee County.
The following message from the GoYernor was read, to wit. :

MESSAGE

STATE OF GEORGIA, EXEC"CTIVE DEPART:\lEfXT.
June 28, 1916.
To the General Assembly of Geo1gia:
I hand you herewith a report, required by the Constitution, showing all pardons, commutations, paroles and reprieves granted by me since your last session.
l\fany applications have been denied; but, in every case where clemency has- been exercised-except in those cases where pardons resulted from paroles granted by former administrations-the examinations have been thorough and, I think, complete, and the result represents the views of the Executive reached with full consideration of the oath of office and the duty ta the criminal justice of the land. In every case. acted upon, where the applicant was turned loose, with the exception of one case, the recommendation of the Prison Commission has been

FRIDAY, .JuLY 21, 191G.

373

followed. This statement, however, does not apply to certain of the reprieYes granted to allow further investigation or preparation in behalf of the petition for clemency, and does not include the action of the Executin on petitions for restoration of citizenship.
Respectfu1ly submitted,
JY&.Rff~ Governor.

RESTORATION OF CITIZENSHIP.
(The following cases are those in which orders were granted applicants restoring their rights of citizenship after they had paid their fines or served their entire sentences.)
HoRACE D. SDwxs: Glynn Superior Court, .July Term, 1908; assault "With intent to murder; $200 fine. Applicant paid fine and order restoring citizenship was granted December 15, 1915. Judge City Court Brunswick, county offieers and many citizens rec. ommended.
HowARD E. ::\Ic,Y.HERS: Ben Hill Superior Court, August Term, 1915; bigamy; 6 months in jail. Citizenship restored February 1, 1916. Had sened his sentence and judge, solicitor and citizens recommended.
FRAXK SAYE: Clarke Count~- Superior Court, April Term, 1915; larcency; 12 months. Served his sentence. Citizenship restored l\Iarch 14, 1916. Judge, county officers and others recommended.
'VrLL ED".ARDS: :Yiurray Superior Court, Noyember Term, 1914-; manslaughter; 12 months. Served his sentence. Citizenship restored April 14, 1916. Trial judge, solicitor and others recommended.

374

JOURNAL OF THE SENATE,

JosEPH M. ALVAREZ: Chatham Superior Court, :;\farch Term, Hl13; embezzlement"; 6 months. Served his sentence. Citizenship restored }fay 1, 1916. Solicitor and others recommended.
CLAl:D N. :\1IcKLER: Chatham Superior Court, December Term, 1913; forgery; 12 months. Served his sentence. Citizenship restored :\-fay 1, 1916. Solicitor and others recommended.
.TIM PrN~ELL: Morgan Superior Court, :March Term, 1907; murder; life. Had been released in 1911 by former Governor under commutation order. Citizenship restored March 17, Hl16. County officers, and many citizens recommended.

PARDONS.
JOE HAMES: Cobb Superior Court, July Term, 1915; burglary; 12 months. Pardoned, December 18, 1915. App1icant was only 14 years old. .Tudge, solicitor, prosecutor, and large number of citizens recommended.
R. vY. DEAN: Fulton Superior Court, September
Term, 1915; forgery; 2 years or $200. Pardoned February 22, 1916. All monies procured by forgery were returned. Applicant had just been operated upon for appendicitis and was a charge upon the State. The Mayor of Atlanta and a number of representative citizens, as well as the Prison Commission, recommended the pardon.
vV. R. HTGHTO\YER: Valdosta City Court, Spring Term, 1913; larceny; 18 months (three cases). Pardoned April 14, 1916. Applicant was a morphine addict and stole articles valued at about $26. He served two of the sentences. Tbe judge, solicitor, prosecutor, Prison Commission and others recommended.

FRIDAY, .Jen 21, 1916.

375

.JOHX PooL: City Court of Columbus, Spring Term, 1916; trespassing; 12 months. Pardoned .June 6, 1916. Xewly discoYered eYidence showed applicant was innocent and that the case was one of mistaken identity. The judge. solicitor, prosecutor, Prison Commission and others recommended.
ERxEsT X. \YooDRL"FF: DeKalb Superior Court, .June Term, l 916. Carrying pistol without license; 6 months or $50. ~\.pplicant was member of the National Guard and his company had heen ordered to the mobilization camp. On recommendation of the Prison Commission and the captain of his company in the Xational Guard, applicant was pardoned, June 23, 191G.
PARDO~S GR_-\NTED AS A RESULT OF PAROLES.
(The following cases haYe been reported in detail by a preYious administration as paroles, same having been granted by Gonrnor Slaton. Pardon orders were passed in these cases in compliance with the statute, following satisfactory completion of the period of parole fixed by law.)
GEo. F. MooRE, Crisp County; simple larceny. wiLEY EYAxs: Cobb County; simple larceny. FAYETTE BRowx: Dodge County; attempt to mur-
der. W'"ALTER CREWS: Charlton County; manslaughter. A. R. DAvis: Whitfield County; manslaughter. WARREX BRINSON: Emanuel County; murder. C. C. & B. L. REGISTER: Colquitt County; man-
slaughter.
CoMMUTATIONS.
The following cases in which commutations were granted, were recommended by the Prison Commission.

376

JOURNAL OF THE SENATE,

GEORGE PERDUE: October Term, 1915, Criminal Court of Atlanta; receiving stolen goods; 12 months or fine of $100. Commuted Xowmber 4, 1915, to a fine of $50. Newly discovered evidence corroborative of defendant's statement shows he had no criminal intent. Judge and solicitor recommended.
LENA FRY: Superior Court Bibb County, February, 1914; murder; life. Sentence commuted X oYemher 10, 1915. Commuted upon recommendation of judge, :c:olicitor-general, jury, and a large number of citizens.
THOMAS C. PACE: .Jeff Davis City Court, Fall Term, 1914; misdemeanor; 3 cases; 15 months. Xe"Wly discovered facts tend to show applicant was merely shielding another and had no criminal intent. .Judge, solic-itor, prosecutor, and others recommended. Sentence commuted ~ovember 10, 1915.
KoAH l\IrLAM: Fulton City Court, June, 1915; larceny; 8 months or $50. Sentence commuted to fine of $25. after he served half his sentence. Commutation being granted November 11, 1915. .Judge and solicitor recommended.
NEAL LITTLEJOHN: Fulton City Court, December, 1914; vagrancy; 12 months or $100. Sentence commuted to fine of $25 November 11, 19L5, upon recommendation of solicitor.
THOMAS H. JoNES: Bibb Superior Court, April, 1910; murder; life.. Sentence commuted November 16, 1915. The evidence tended to show applicant did not do the actual killing. His cousin who did the actual killing was acquitted largely upon the theory that he shot in defense of this applicant. The judge and solicitor-general both recommended clemenc-y. A large number of citizens of Bibb County, as well as the county officers join in the recommendation.

FRIDAY, JLTLY 21, 191G.

377

CHARLIE LrxDY: ::Hillen City Court, September, 1915; selling liquor; 1~ months. Sentence commuted to fine of $15 XOYember 11, 1915. Applicant had sernd part of his sentenre and trial judge and solicitor-general recommended that his sentence be reduced to a fine.
Bc_-sTER PRICE: \Vorth Superior Court, Fall Term, 1911; murder; life. Sentence commuted XOYember 11, 19L5. Xe\\- evidence tended to show justifiable homicide. ~-\.pplicant was wrr young at time of the commission of crime. and a large number of citizens recommended.clemency. 'l'he Congressman from the district in which tragedy occmTed, one of the prosecuting attorneys, the county o:ffieers, seYeral members of the General Assembl~- of the State, and others joined in the recommendation.
EDGAR HARPER: Baker Superior Court, April, 1915; misdemeanor; 12 months at State Farm. Sentence commuted X m-ember 19, 1915. Applicant was 18 years old and was conYicted of stealing about ~5 cts. worth of sug;ar. After serving; seven months the trial judge a~1d prosecutor bothc_ recommended clemency.
LEwis CLAY: Hancock Superior Court, l\farch, 191+; simple larceny; 4 years. Sentence commuted K owmher 19, 1915. Trial jury recommended that applicant be punished as for a misdemeanor. The judge disregarded the recommendation. After serving over 1~ months, the punishment contemplated by the jury, a number of citizens recommended his release.
DAVE JoHKSOK: Lincoln Superior Court, Fall Term, 1909; murder; life. Sentence commuted Novemher 19, 1915. New evidence made a strong case for clemency. The trial judge, solicitor, trial jury, county officers, State Senator and member of the

378

JouRNAL OF THE SENATE,

House, as well as many other citizens recommended clemency.
Grs Y O"C"MA::\'S: Pierce County Superior Court, April, 1913; seduction; 5 years. Sentence commuted November 20, 1915. Applicant had married prosecutor and agreed to ]in with her. The trial jury, county officers, and many citizens recommended clemency.
R. L. \YILLI.nrs: Chattooga Su11erior Court, .January, 1909; attempt to rape; 20 years. Sentence commuted December 20, 1915. ~!other of alleged victim recommended clemency. _\]so, Representative of Chattooga County, the trial jury, prosecuting attorney, and a large number of citizens joined in the recommendation. Xew eYidence tended to show that the eYidence as given upon the trial \\as misleading.
BEK BrRTOK: Hall Superior Court, January, 1911; robbery; 6 and 2 years. Sentence commuted ?\ovember 26, 1915. The two crimes imohed only one transaction. The trial judge, county officer;;:, and prosecutor all recommended clemency.
-WIL4 SELl\IAX: January Term, 1913; Superior Court Floyd County; forgery; 12 years (three cases). Commuted Kovember 27, 1915. Applicant ''as convicted of forgery although he could neither read nor write. Grand jury, trial judge and solicitor-genera1 all recommended.
A .J. :McALISTER: City Court Albany, 1915; violating prohibition law; 12 months ancl fine $1,000. Cornmuted )Jovember 27, 1915. Applicant paid fine of $1,000 and was in last stages of tuberculosis. The trial jl'lrors, court officials, Senator and Representative from Dougherty County al1 requested clemenC'y.

FRroAY, .JeLY 21, 1916.

379

H. T. GROGAN: Paulding- Superior Court, November Term, 1915; forgery; 3 months and costs or 6 months. Commuted December 1, 1915. Applicant was 60 years of age and had paid $50 costs in the case. He "as mentally weak and the trial judge and solicitor both recommended. ~o loss was incurred by anyone through applicant's act, and the parties at interest recommended.
ALF H.-HG\\'OOD: \Yhitfield Superior Court, .June Term, 1915; burglary; 12 months or $50 and costs. Commuted December ..!, 1915. Applicant pleaded guilt~ and others jointly indicted with him were cleared upon trial. Judge, solicitor, and others recommended, and applicant had served about five months.
L\ LE:X. .JoHxsox: Lexington City Court, August Term, Hl15; misdemeanor; 12 months. Commuted December 31, 19L5. Applicant served 6 months and was cripple. .Tudge and solicitor both recommended.
CHARLIE GRACE: Floyd City Court, October Term, lf)];): larceny; 1:2 months and placed on probation, ann sentenced to pay probation officer $10 per month. Commuted December 15, 1915. Applicant wished to enter school and asked to be relieved of $10 per month fine. Judge so recommended and sentence was commuted to that extent only. He is still on probation.
\\-. J. CnrP: Dougherty Superior Court, September Term, 191-i; selling liquor; 12 months, 6 months and $750 fine. Commuted to fine of $750 and to a 12 months' probation sentence instead of chaingang sentence. Newly discovered evidence tended to show applicant was innocent. The prosecuting attorney, county and city officers and others recommended. Order passed December 16, 1915.

380

JouRNAL OF THE SENATE,

H. A::-.IERSON : Fulton Superior Court, J nne Term, 1914; rape; 5 years. Sentence commuted December 20, 1915. Applicant was conYicted on doubtful testimony as witness was a questionable character, and the trial judge strongly urged a commutation.
J . .)f. CRAWLEY: Pike Superior Court, ~\pril Term, 1911; murder; life. Sentence commuted December 20, 1913. Ke,.,-Jy disconred eYidence made out case of justifiable homicide. Trial jury recommended. Also a large number of citizens, including relatives of deceased, recommended clemency.
ARTH"CR LEwis: Crisp Superior Court, XoYember Term, 1909; murder; life. Sentence commuted December 20, 1915. Comicted on testimony of party who has since been executed. Trial judge, solicitorgeneral, trial jury, and others recommended.
En. CRAIG: Banks Superior Court, September Term, 191.5; larceny; 12 months or $100 and costs. Sentence commuted to fine of $100 on December 21, 1915. Applicant was unable to pay costs and went to chaingang, where he sened 3 months. His sentence was commuted to $100 fine only after such sen-ice, relieYing him of costs. The solicitor and county officers recommended.
HENRY STRINGFIELD: Richmond Superior Court, September Term, 1914; burglary; 12 months. Commuted December 22, 1915. Applicant was conYicted and sentenced to. serYe 12 months under probation. Judge afterwards ordered him to go to the gang. Upon investigating facts judge asked that he be relieved of the sentence as he had sen-eel about 3 months.
AMos BLACKMAN: Lowndes Superior Court, ::\1ay Term, 1915; wife beating; 12 months. Commuted .January 3, 1916. Served half his sentence and pre-

FRIDAY, JuLY 21, 1916.

381

Yented escape. Recommended by trial judge and county officers.
OscAR CRAWFORD: "\Yilkes Superior Court, September Term, 1915; selling liquor; 12 months or $200.; commuted January 5, 1916, to fine of $50. A.pplicant had serwd three months, and judge and solicitor recommended.
CHARLES E. LEE: Sylvania City Court, Spring Term, 1915; misdemeanor; 12 months and 3 months; commuted January 5, 1916. Applicant had serYed 6 months and judge and solicitor and a large number of citizens recommended.
En AMos: Campbell Superior Court, February Term, 1915; selling liquor; 18 months (three cases) ; commuted to fine of $50. January 21, 1916. Applicant pleaded guilty in three cases and was given six months in each. Solicitor-general earnestly recommended clemency, inasmuch as he had agreed to nolle pros two cases, provided applioant would plead guilty in one. Applicant had served one sentence and sentence was commuted to $25.00 in each of the other cases.
JESSE :MooRE: Paulding Superior Court, November Term, 1915; larceny; sixty days and costs. Commuted January 28, 1916. Applicant had served the sixty days and was unable to pay the costs. The judge, solicitor, prosecutor and others, recommended.
BENJAMIN F. PERDUE: Pike Superior Court, October Term, 1910; murder; life imprisonment. Commuted to 15 years. Given conditional pardon February 3, 1916. Applicant was convicted of murder and giYen a life sentence. A former governor commuted that sentence to 15 years. He had made good record in penitentiary, was suffering with rheumatism, and was sixty-one years old. Reputable phy-

382

JoeRXAL OF THE SENATE,

SICians stated, upon oath, that applicant was suffering with blood disease and had an affection of the heart and kidneys. Applicant applied for a parole, and judge, solicitor, a number of the trial jurors, and a large number of citizens-said to be 2,000 in number-from the Counties of Monroe, Pike and "Cpson recommended clemency. Applicant's sentence was commuted upon condition that he obey the criminal laws of the State and refrain from intoxicating drinks of all kinds. Upon violation of either of these he is to serve the remainder of his sentence, 15 years.
WILLIAM P. HAUGABOOK: Dougherty Superior Court, Fall Term, 1915; misdemeanor; 12 months, 6 months and $750.00. Commuted so as to allow ser' vice of his chaingang sentence on probation. Order granted February 10, 1916. The trial jury, and the grand jury which indicted applicant, as well as the city officers of Albany and the county officers recommended on account of newly discovered facts, and the applicant's health, that he be allowed to sene his chaingang sentence of 12 months on probation instead of on the gang. Applicant paid the $750. fine. His sentence was commuted so as to allow him to serve 18 months on probation upon condition that he does not violate the criminal laws of the State.
wHIT PoLSTON: Carrollton City Court, :\larch Term, 1915; gaming; 12 months or $25.00; commuted February 11, 1916. Applicant served 8 months and judge and solicitor both recommended clemency.
JAMES McCALE: Chatham Superior Court, March Term, 1911; rape; 20 years; commuted February U, 1916. Applicant was suffering with tuberculosis. The mother of the alleged victim recommended, as well as all of the trial jurors and a large number of citizens.

FRIDAY, .TeLY 21, HHG.

383

GEoRGE \YESLEY XoRRIS: :Macon City Court, Fall Term, 1915; 1arceny; 6 months (2 cases) ; commuted February 14, 1916. Applicant was only 13 years old and of weak mind. Xo loss was incurred by reason of defendant's act, and prosecutor and trial judge both recommended clemency.
ARTHCR THOMAS: Harris County Superior Court, Fall Term, 1914; forgery; 3 years. Commuted February 16, HlHi. Applicant was 18 years old and guilt~, of uttering a forged instrument instead of forgery. Prosecutor and solicitor both recommended commutation.
Axoy DeRRETT: Hart Superior Court, October Term, 1911; arson; 8 ~ears. Commuted February 19, Hll 6. The jury recommended at the trial punishnwnt as for a misdemeanor. Applicant had served about 4 years. In reviewing the case, the Court of Appeals stated the evidence was far from satisfactor~. A large number of citizens recommended, and it seems the judge could have respected the recommendation of the trial jury.
J Bi HoLCOMBE: Franklin Superior Court, :March Term, 1915; attempt to murder; 12 months. Commuted to fine of $50 February 22, 1916. Applicant senred half of his sentence and was suffering with rheumatism. The jury, solicitor, county officers, and others recommended.
BYRD GRAY: Paulding Superior Court, November Term, 1914; simple larceny; 4 years. Commuted February 22, 1916. The crime was committed under mitigating circumstances. The judge, solicitor, grand jury, county officers and many citizens recommended clemency.
CALVIN F ANT: Franklin Superior Court, Fall Term, 1915; selling liquor; 12 months. Commuted to fine of

384

JouR~AL OF THE SENATE,

$50. February 2i3, 191G. Applicant was induced to plead guilty upon promise that judge would giYe him small fine. He had served more than 4 months, and trial judge, solicitor, as well as county officers, recommended.
HARPER Bmnx: Jones Superior Court, Spring Term, 1915; rioting and simple larceny; 12 months and 8 months; commuted February 25, 1916. Both offenses grew out of same act. Applicant had serYed one sentence. County physician, judge, solicitor and county officers aU recommended clemency.
PERCY HARRIS: Oconee County Court, Fall Term, 1914; carrying pistol; 12 months; commuted )[arch 4, 1916. Applicant was only carrying pistol to a party at the request of a white man. The judge and solicitor both recommended clemency.
CHARLIE ELLIOTT : :McDuffie Superior Court, )larch Term, 1915, carrying a pistol (2 cases) ; ten months eacll. Commuted ~larch 13, 1916, so as to allow sentences to be sened concurrently. Both offenses grew out of same act. Judge and solicitor recommended that applicant be allowed to serve sentences concurrently.
ANDREw JACKSON: Campbell Superior Court, February Term, 1914; selling liquor; 12 months and 9 months (two cases) ; commuted to fine of $50. :March 14, 1916. Applicant had served 15 months, and trial judge recommended that he be allowed to pay a fine of $50. in lieu of sening the balance of sentence.
JACK SrMON: Spalding Superior Court, Aug'Ust Term, 1915; hog stealing; ten months or $75. Commuted to fine of $25.00, March 14, 1916. Applicant had sened two-thirds of his sentence, and judge and other officers recommended he be allowed to pa~r a fine of $25. in lieu of balance of his sentence.

Fnrrn>:, .Tns ~1. 191().

385

CHARLIE T.\YLOR: Griffin Cit~ Court. Fall Term, 1!)1:): carrying concealed weapon; J ~ months or $100. Commuted to fine of $35, ~farch 1-1-, 1916. Applicant had served two-thirds of his sentence, and the judge and other officers of court recommended that he he relieved of the balance of his sentence upon payment of $35.
J oHx HExRY ALLE~: Fulton City Court, Fall Term, 1915; larceny; 10 months. Commuted :March 13, 1911i. ~\ pplicant became violently insane, and it was necessary to relieve him of sentence before a writ of lunacy could be tried out. The county authoritie:': requestecl executive action.
Iso:u RAcKLEY: ~Iitchell Superior Court, Spring Term, 191::!; murder; life imprisonment. The crime wns committed under extenuating circumstances. Applicant was over 60 years of age and suffering with Bright's disease, rheumatism and bladder trouble. The Representative from ~litchell County, the county officers, and the trial judge recommended clemency.
E:H.:-.u. ::\1.-\RTIX: Spalding Superior Court, January Term, 1910; murder; life imprisonment. Commuted March ::!:3, 1916. Crime was committed under highly mitigating circumstanceR, and the judge, solicitor, and the trial jur~ all recommended clemency.
"\V. M. PeRCELL: Grady Superior Court, l\Iarch Term, 1916; misdemeanor; 12 months ; commuted to fine of $:200. so as to allow service of his sentence upon probation. Order passed 1\farch 24, 1916. The trial judge and solicitor, of their own motion, requested this action by the Governor.
CuLLEN FLOWERS: Dooly Superior Court, November Term, 1914; manslaughter; one year. Commu-

:386

J O"GRXAL OF THE SENATE,

ted April 3, 1916. Applicant had served ten months and judge and solicitor both recommended.
Lox GREEX: Haralson Superior Court, ,January Tt>rm, 1915; stabbing; three months in jail and $:!,)0. Commuted to fine of $100. April 3, 1916. ~-\.pplicant had served 2 months, and the prosecutor, jurors an(l a large number of citizens recommended clemenl'y.
STEPHEX HEAD: Butts. Superior Court, Fall Term, 1!H5; carrying pistol; 12 months. Counnute(l to tine of $:?5.00; April 5, 1916. Appliennt hatl sene(] fourfifths of his time. ,Judge, solicitor, and others recommended a commutation to fine of $25.00.
Ou BRADLEY: Atlanta City Court, Spring; Term, Hl1 3; escaping; 8 months. Commuted ~-\.pri1 il, 191 G. The crime was committed under mitigating circumstances. The judge ancl solicitor hoth rf'commended.
En BRADFORD: Paulding Superior Court, February Term, 1915; wife beating; 12 months and $50 and costs. Commuted April 5, 1916. Crime committed under extenuating circumstances, and the trial judge, solicitor, county officers, jurors, and others re<'ommencled clemency.
.-\.. E. BISBTXG: Chatham Superior Court, October Term, 1915; selling liquor; 12 months. Applicant, after beginning sentence and while a convict of the State, in the discharge of his dut~-, had his jawbone broken. The solicitor and camp physician recommended clemency.
GEORGE DAXIEL: Appling Superior Court, March Term, 1908; attempt to rape; 20 years; commuted April 10, 1916. Al1eged victim made affidavit, after trial, that defendant was not guilty. Jurors, grand jurors, solicitor, county officers, and others recommended clemency.

FRIDAY, .T l:LY 21, 1916.

387

.TEsSE lL-lRDMAK: :Jiadison Superior Court, }larch Term, Hlll: rape; 10 years. Commuted }lay 5, 19Hj. A pplirant was suffering from heart trouble. 11 of the trial jurors, a number of the grand jurors, the trial judge, about 2,000 citizens, including relatiYes of the alleged victim, and the county officers recommended clemency.
}f..\.sTox }[AYXOR: Grady Superior Court, Septemher Trrm, 191;); selling liquor; 12 months. Commuted April 2-1-, HllG. .Applicant was sentenced to six months and, through mistake, the clerk entered it up for 12 months. The judge, solicitor, clerk, and others recommended. the commutation.
FLOYD THmrAs: .Tas per Superior Court, Fall Term, Hl15; gaming; 9 months. Commuted April 24-, 1916. Applicant was sentenced to 6 months and, through mistake, the sentence was entered up 9 months. Trial judge and others recommended commutation.
T. L. \VHITl\IIRE: Fulton $uperior Court, Spring Term, J 915; larcen~-; 12 months; commuted to fine of $25.00 April 2-1-, 1916. Applicant served six months an(l prosecutor, solicitor, and the trial judge all recommended clemency.
~-\sBERRY PoLLARD: Glynn Superior Court, l\fay Term, J915; murder; to hang; commuted to life imprisonment April 25, 1916. Applicant hit deceasef1 with axe on :Jiay 3, 1915, and she did not go to the hospital until the lOth, at whieh time the wound was infected. On the 20th she left the hospital, went to drinking, leading a life of prostitution, visiting in houses of ill-fame and dancing, and, on June 7th, returned to the hospital with maggots in her brain. She remained there until J nne 28th, when she died. 11 of the trial jurors recommended a commutation of the sentence. The trial judge stated that "the one.

388

J OURXAL OF THE SE:~UTE,

circ-umstance that might be considered in the prisont>r's favor is the fact that, with rwoper medical attention, the woman killed would not probably have rlied as a result of the wound inflicted." A large number of citizens recommended the commutation, and the crime was committed under highly extenuating- circumstances. It seems that deceased's own nt>p:ligence was the direct cause of her death.
FRAXK ~I. REID: .}luscogee Superior Conrt, Fall T(~rm, 1~lUI; murder; life imprisonment. Commuted }1pril ~8, 1916. Applicant was a young man at the timP of the traged~- and committed the crime under extenuating circumstances. He had tuberculosis, and the prison physician stated his life was endangered h~ his incarceration. A largf' number of citizens, as well as the prison authorities and the Senator from the 9th District all recommended clemency.
CHRis .}fAJOR: Fulton Superior Court, January Term, 1913; burglary; 4 years and 12 months. Commuted to fine of $50. ~lay 5, 1916. Applicant had serYecl four years and was suffering from tuberc-ulosis. The solicitor-general earnestly recommended rlemency.
\YALTER \VARREx: Grady Superior Court, ~larch Term, Hl16; burglary; 18 months and $250. The fine of $250. commuted on 11Iay 5, 1916. Applicant had tuberculosis and judge requested that he be reliend of the fine of $250. and allowed to serve the 18 months on probation, as ordered by the court.
.Tnr RouKSEVILLE: Chattooga Superior Court, September Term, 1915; attempt to murder; 12 months; commuted to present service. Applicant had served 7 months, and trial judge and solicitor both recommended clemency.

FRIDAY, JuLY 21, 1916.

389

HARRY BISHOP: whitfield Superior Court, Fall Term, 1915; larceny; 1:2 months. Commuted l\fay 9, 1916. Apptieant sened 8 months. Judge, solicitor, and prosecutor recommended clemency.
SA::vr RHODES: Richmond Superior Court; murder; to hang. Commuted to life imprisonment May 15, 1916. Commuted on account of newly discovered facts and upon the recommendation of the solicitor, .special attorney for the State, the widow of the deceased, and the county officers, and a large number of citizen!".
.T. ~\.. BRID\HLL: Fulton Superior Court, February Term, 1915; forgery: :2 years. Commuted May 22, Ht16. Applieant had served over a year. The trial judge, and trial jury, recommended clemency. The jury recommended the ease be treated as a misdemeanor upon the trial of the same.
.A. R. SAFFOLD: Fulton Superior Court, January Term, 191:2; forgery; five years. Commuted May 20, HIH). Allowing applicant time spent in jail, he had served more than his full sentence. The judges of the Court of Appeals which reviewed the case, recommended clemency.
BEssiE :\IAY Bv:::;n: Fulton Superior Court, Decemher Term, 1914; attempt to murder; 3 years. Commuted to $50. fine }fay 30, 1916. Newl~' discovered evidence tended to prove the innocence of applicant. A number of citizens recommended clemency and the judfre and solicitor stated they did not oppose the same.
PINK BuFF: .Tones City Court, November Term, 1915; misdemeanor; 10 months and $25.00. Commuted ,Tnne 8, Hll G. The ten months' sentence was suspended by the judge pending good behavior. The judge heard applicant had been drinking and ordered

390

JouR~AL OF THE SE~ATE,

him committed to the State Farm. Afterwards, it deYeloped that the report was untrue, and the judge, solicitor, and all conntr officers recommended clemency.
GEORGE ::.\lAX\YELL: Rome City Court. Spring Term, HHG; misdemeanor; 3 months. Commuted J nne 8, 1916. Applicant was only 15 years old and of unsound mind; pleaded guilty, when, in fact, was guilty of no crime. Presiding judge, of his own motion, request~d his relense.
J. '\Y. :JioRRow: Carrollton City Court, December 1'enn, 1915; assault and battery; 6 months and $250. fine. Commuted to total fine of $300 and costs on June 1:3, 1916. Newly discoYered facts tended to show innocence of applicant. Trial judge and solicitor-general both stated a fine would be satisfacton. A large number of the best citizens of Carroll County recommended clemency.
'\Y. B. HARRIS: Carrollton City Court, September Term, 1915; selling liquor; 6 months and $150.00 or 12 months. Commuted to total fine of $250. and costs, J nne 13, 1916. Board of three physicians stnted applicant was 62 years old, in serious physical condition, and chaingang labor would endanger his life. A number of citizens recommended clemency.

COJ\DllyTATIOKS GRAXTED Af) RESL"LT OF PAROLES.
(The following cases have been preYiously reported in detail as paroles, same haYing been granted by former Governor Slaton. Commutation orders were passed in these cases in compliance with the statute, following satisfactory completion of the period of parole fixed by law.)

FRIDAY, .TeLY :21, 1916.
J oux .:\Luwx E: Talbot County; murder. \YILL .:\Io:xnoE: Thomas County; murder. SHER::--ux STEPHE:xs: .Jasper County; murder. RonEHT GHxY: Hart County; manslaughter. Sr:nroRE \YrLLLDI: Dooly County; murder. CHARLES TH0:.\IAS: Richmond County; manslaugh-
ter. To:u .:\IcPHAIL: Invin County; murder. KmBY Bno\\x: Pulaski County; murder. SARAH RoBixsox: \Yilkes County; infanticide. .LurEs Ro"LXTREE: Emanuel County; mtuder. .T. C. .:\IcCurx: Brooks County; manslaughter. El'GE:XE B.\:XKS: Randolph County; manslaughter. En .:\fAYS: \Yanen County; murder. Cr.AHE:XCE FosTER: Butts County; manslaughter. \Yn.L \Y.\r.co:-.r: ::\Ieri\Yether County; manslaugh-
ter. AxnRE\Y Rom:Rs: Cobb County; larceny. ToHx GAEES: Oglethorpe County; burglary. .Lurr:s BL"GG: Fulton Count~; robbery. K. ~-\. SnrPsox: Fulton County; manslaughter. Gr:oRl>E FoRD, JR.: \Yorth County; manslaughter. GEORGE PARHA:\I: .:\Ieriwether County; manslaugh-
ter. L>:xx BooKER: Bihb County; robbery. J oH:x S:-.nTH :. Oglethorpe County; manslaughter. BRIGHT GILSTRAP: \Yhite County; manslaughter.
PAROLES.
All paroles approved were unanimously recommended by the Prison Commission, as required by law.

392

JouRNAL OF THE SENATE,

J . ums HART: Superior Court, Colquitt County; April Term, 1914; manslaughter; 10 years; paroled November 6, 1915. Solicitor, trial jury, wife of deceased, all voters of militia district in which crime was committed, with one exception, and prison authorities recommended clemenc!- Applicant had also assisted in preventing a jail delinry.
DAvis CoKER: Spring Term, 1911; Superior Court, Fu1ton County; robbery; 10 years. Paroled November 10, 1915. Paroled because of youth of applicant and his good conduct, and mitigating circumstances connected with the commission of crime. Solicitor and the Senator from district in which applicant had been serYing strongly urged the parole.
J HiES FREEMA~: April Term, 1892, Superior Court Tattnall County; murder; life. Paroled K ovember 10, 1915. Applicant was convicted upon circumstantial evidence and always insisted the killing was an accident. He served ~3 years and was very feeble and had made a good prison record. ::\'fany citizens, as well as prison authorities and prison physician recommended.
E. B. ::\IoRELA~D: )Jovember Term, 1910, Superior Court Randolph County; attempt to murder; 8 years. Paroled November 11, 1915. Applicant did not actually shoot anyone. Party who did shooting had already been released. Prosecutor urged clemency for applicant.
LoYD \VATsox: February Term, .1914, Superior Court Walker County; simple larceny; 3 years. Pa. roled November 22, 191:). Recommended hy solicitor-general, county officers, and State Senator. Also applicant had served 2 years and his full sentence will expire before he finishes his term under parole.
JIM PATE: ~\.pril Term, 1911, Superior Court, Pike County; manslaughter; 18 years. Paroled February

FRIDAY, .JULY 21, 1916.

393

18, 1916. Parole recommended by solicitor-general, trial jury, county officers and others. Trial judge deceased. Applicant had good record as prisoner and was paroled to responsible parties.
J oHx AxDRE,Ys: Xovember Term, 1901, Superior Court Upson County; murder; life; paroled November 27, 1915. K ewly discovered evidence tended to show shooting was accident. Foreman of trial jury mane affidaYit that he helieYed the tragedy was an accident. Applicant shot himself in the finger and leg as gun was discharged killing his wife. Jndl5e and solicitor-general both recommended clemency.
XATHAX BROW:!\: :Jiarch Term, 1905, Superior Court ( 'oweta County; murder; life. Paroled November 26, 1915. Applicant was convicted upon flying declaration of deeeased, and deceased was bad chnraeter. .Judge, ~olicitor, trial jury, grand jury which indicted applicant, and a large number of citizens recommended elemeney.
NAZAREXE SHEPPARD: August Term, 1914, Superior Court Butt~ County; involuntary manslaughter; 2 years. Paroled Xovember 26, 1915. Trial judge stated at time of trial that he would recommend a parole after applicant serwd one year. Since applicant served one year and had a good record with recommendation from prison authorities, parole was approved.
THAD BoYD: October Term, 1903, Superior Court Clarke County; murder; life. Paroled November 26, 1915. Paroled as newly discovered facts tended to show justifiable homieide. Trial judge recommended clemency. Also prison authorities and many citizens joined in the recommendation.
TOHN TuRNER: March Term, 1905, Superior Court Hart County; murder; life. Paroled November 27,

394

J Ol"R~AL OF THE SE~ATE,

Ul15. Applicant was only 15 years of age at time of commission of crime. Trial jury rE'commended clemency. Applicant had good prison record.
""\r.J. ""\YooTEX: Xonmber Term, 191:.!, Superior
Court Bartow Count~-; manslaughter; 10 years. Paroled December 7, 1915. Applicant had good prison record. Trial judge recommended parole. Present solicitor-general recommended, and trial solieitorgeneral did not oppose. About 2,000 citizens of county where crime was <'OlmnittE'l1 recommended clemency.
GEORGE t:"ssERY, alias LSFRY: January Term, 1911, Superior Court Richmond County; manslaughter; 15 years. Paroled Deeember :20, 1915. Hecommended hy trial judge, solicitor-gen<.'lal, prosecuting attorner, county officers and prison authorities.
XIcK C-\nYER: Spring Term, 191!, Superior Court Floyd County; manslaughter; 15 years. Parole granted December :20, 1915. In Yiew of newly disco,ered eYidence trial judge, 8olicitor, prosecuting attorney, trial jury, a number of the grand jurors, and many citizens recommended clemency.
~lLFRED PERRY: Spring Term, 18~l:2, Superior Court Laurens County; murder: life. Paroled December 20, 1916. Applicant had good record. Solicitorgeneral recommended clemency. Applicant's eyesight was greatly impaired and was Yery feehle. X e\V facts presented tended to show close case.
DAx TALBERT: Fall Term, 1900, Sup('rior Court Fulton County; murder; life imprisonment. Paroled December ~0, 1915. County commissioners applied for parole for applicant on account of good behaYior and blindness. Judge and solicitor stated they interposed no objections. Applicant had good record both prior to crime and since his conviction.

F'RIDAY, .JULY 21, 1916.

395

HoBERT Sl\IALL: ~ovember Term, 1904, Superior Court Brooks County; murder; life imprisonment. Newlv discovered facts tended to show tragedy was accid~nt and applicant was paroled December 20, 1915. Trial jury, judge, solicitor-general, grand jury and large number of citizens recommended clemency.
R. T. PABTRIDGE: February Term, 1913, Superior Court ~Ieriwether County; manslaughter; 4 years. Paroled December 21, 1915. Xewly discovered evidence tended to show justifiable homicide. Jury and large number of grand jurors recommended clemency. The county officers and number of citizens joined in the recommendation. The judge and solicitor interposed no objections, and applicant had a most excellent record.
JAs. L. BAI..:ER: Fall Term, 1900, Superior Court Fulton County; murder; life. Paroled December 23,. UJ15. Evidence presented tended to show applicant's mind was deranged at time of tragedy. Trial jury recommended clemency; also solicitor-general and prison officials. Applicant had good prison record.
J. R LoYE: April Term, 1913, Superior Court Chatham County; attempt to murder; 5 years. Newly discovered facts were presented by mother of applicant which tended to show innocence of applicant. .Judge and solicitor-general both recommended clem-. ency, and applicant was paroled December 23, l915.
ALBERT ~IoBLEY: October Term, 1911, Superior Court Clarke County; manslaughter; 8 years. Paroled December 31, 1915. Applicant did not do actual stabbing which produced death of deceased. Trial jury and solicitor-general recommended clemency. Large number of citizens joined in the recom-

396

JOL"RNAL Ol!' THE SE~ATE,

mendation. Parole was earnestly urged by trial judge.
TrNNIE :MoBLEY: October Term, 1911, Superior Court Clarke County; manslaughtet; 12 years. Paroled ~Iarch 31, 1916. Newly disco,ered evidence tended to show justifiable homicide. Trial judge, solicitor-general and trial jury all recommended clemency.
JEssE LAND: :\fay Term, HH:!. Superior Court Bibh County; manslaughter; 10 years. Paroled December 31, 1915. Crime committed under extenuating circumstances. The trial jury, solicitor-general and a large number of citizens recommended parole. Applicant had good prison record.
STERLI~G CocHRAN: ::\farch Term, 1911, Superior Court Fayette County; manslaughter; 10 years. Paroled January 6, 1916. Applicant had good prison record. Trial judge, solicitor, jury and a large number of citizens recommended clemency. ~ewly discovered evidence tended to show justifiable homicide.
'i\7 ILLIS PoRTER: Spring Term, 1899, Superior Court, Lee County; murder; life. Paroled January 20, 1916. Solicitor-general recommended a parole. A number of the trial jurors joined in the recommendation, as well as a large number of citizens, prison officials, and county officers. Applicant was only 13 years of age at the time of the commission of the crime and killed a much older and larger person under extenuating circumstances.
HENRY CoLLIER: February Term, 1894:, Superior C'ourt Sumter County; murder; life imprisonment. Paroled February 1st, 1916. Prison officials and county officers recommended clemency as applicant was very old and reputable physician stated that he was unable to do the work required of prisoners confined in the penitentiary. He had an exemplary record as a convict.

FRIDAY, .TeL 21, 1916.

397

ARTHuR HARRIS: Spring Term, 1901, Superior Court }feriwether County; murder; life. Paroled February 1, 1916. ~!other of deceased recommended <>lemency. Recommendation furnished also by a large number of citizens and by former judge of the circuit and the county officers. Applicant was only 13 years of age at the time of the commission of the crime. He had a good prison record.
T01u GLASCOE: September Term, 1905, Superior Court Johnson County; murder; life. Paroled February 10, 1916. Crime committed under mitigating circumstances. The solicitor-general, county officers and a large number of citizens recommended clemency in this case.
RE:><A }fATHIS: }lay Term, 1914, Superior Court Crisp County; manslaughter; 7 years. Paroled February 11, 1916. Trial judge and solicitor-gener'al recommended applicant's release, because of the peculiar conditions under which the crime was committed.
GRADY SToRY: September Term, 1913, Superior Court, Chattooga County; burglary; 8 years. Paroled Fehruary 11, 1916. ~ewly discovered evidence shows conclusiYely that applicant was not re~tlly the guilty party. Trial judge, solicitor, county officers and a large number of citizens recommended a parole.
wEsLEY J OHKsox: September Term, 1914, Superior Court Baker County; manslaughter; 10 years. Paroled February 11, 1916. Trial judge stated crime was committed under great provocations and applicant was mentally weak. Trial judge, county officers, grand jury and a large number of citizens recommended clemency.

398

J Ol:R~AL OF THE SENATE,

.JOE BEAK8: Spring Term, 1914, Superior Court~ DeKalb County; larceny; 3 years. Paroled February 15th, 1916. Applicant had good prison record and will have completed his sentence before he serves a year under parole. A number of citizens and the prison authorities recommended his release.
Tmr \VATERS: Spring Term, 1914, Superior Court Tattnall County; burglary; 4 years. Paroled February 22, 1916. Applicant was very young at the time of the commission of the crime. The trial jury, the representaive from the county, a large number of c>itizens and the prosecuting attorney all recommended clemency.
HowARD CoLEMAN: February Term, 1900, Superior .Court, ::\feriw-ether County; murder; life. Paroled February 25th, 1916. Applicant assisted in capturing several escaped convicts and had made a model prisoner. He was old and had heart trouble. The solicitor recommended clemency; and county officers, the prison officials and a large number of citizens joined in the recommendation.
\VILLIAl\f PEELER: April Term, 1911, Superior Court Burke County; burglary; 15 years. Paroled Febiuary 29, 1916. Applicant had made model prisoner; w~s in very feeble health. Trial judge, county officers and representative citizens recommended clemency.
CLAYTON AARO~: May Term, 1912, Superior Court Terrell County; subordination of perjury; 10 years. Paroled March 1, 1916. It seems that applicant committed the crime under tbe influence of his superiors. The county officers and prison officials recommended clemency. Applicant was paroled to the sheriff.
J. D. SIMPSON: August Term, 1912, Superior Court, Pulaski County; manslaughter; 18 years. Paroled

FRIDAY, .TeLY 21, 1916.

399

::.rarch 1st, 1916. Newly discoYered evidence made a ca~e of justifiable homicide. 'l'he jury, grand jury, county officers and a large number of citizens recommend<'d clemency.
FnAXK ( . \YrL:::;o~: February 'l'erm, 191-t, Superior ( 'ourt, Coffee County; larceny; 3 years. Paroled ::.rnrch -tth, 1916. Trial jury recommended that case be treated as a misdemeanor. Applicant serYed hYice the time he would haYe been required to serYe had the judge respected the recommendation. The Representative of the county, solicitor-general, the trial jury and a large number of citizens recommended clemency.
FLOYD Snr::uoxs: January Term, 1915, Superior Court Taylor County; manslaughter; 3 years. Par-
oled ::.rarch 1-. 1916. Applicant committed crime un-
der mitigating circumstances. He was old and suffering with Bright's disease. The trial jury, prison officials, the trial judge and solicitor-general, as well as a large nl.1mher of citizens recommended clemency.
ARTH"CR FrxcHER: i\ewton County, Superior Court, ::.rarch Term, 1912; manslaughter; 8 years. Paroled ::.larch :iO, 1916. Applicant had good prison record and his release \\as recommended by twenty members of the grand jury ''"hich indicted him and ten memhers of the trial jury. Also by one of the prosecuting attorneys as well as by the count~' officers and a large numher of citizens.
\YrLLL\i\I L. BRowx: January Term, 1910, Superior Court \Y nshington County; manslaughter; 12 years. Paroled ::.larch 25th, 1916. There 'vere mitigating cirrmnstances connected with the :killing. The prosecutor, the judge, 11 members of the trial jury and a large number of citizens recommended applicant's release.

400

JouRNAL OF THE SENATE,

H. P. SuTHERLIN: Spring Term, 1915t Superior Court Fulton County; burglary; 2 years. Paroled :\fanh 30, 1916. Prosecutor, judge, solicitor and prison officials recommended clemency. Applicant was on!~ 18 years of age and was lead into the crime h~- his elders.
0. L. LANGFORD: Spring Term, 1915, Superior Court, Fulton County; burglary; 2 years. Paroled :March 30, 1916. No loss was incurred through the burglary. The judge sentenced applicant to one year and through a mistake, the clerk entered the ~en tence up for two years. The judge, solicitor anri a number of citizens recommended clemency.
CHARLEY \iVESTBROOKS: February Term, 19()7, Ruperior Court, Jackson County; manslaughter; 20 years. There were mitigating circumstances connected with the killing. The prosecutor, county commissioners, prison officials and a large number of citizens recommended clemency. Applicant had helped capture escapes on several occasions.
TerM RFcKEH.: June Term, Hl15, Superior l'ourt, Spalding County; attempt to murder, and carrying a pistol; 2 years and 8 months. Paroled April 29, 1916. The two crimes involved the same act. Applicant begun serving the misdemeanor sentence and his counsel made motion for new trial. Counsel, without his permission, deserted the case. It was never passed upon. The trial judge stated applicant should be released. A number of citizens and the prison officials joined in the recommendation.
JAMES SrMs: April Term, 1907, Superior Court Clarke County; manslaughter; 12 years. Paroled :May 5, 1916. Upon recommendation of the judge, solicitor and a number of jurors and a large number of citizens.

FRJDAY, JL'LY 21, 1916.

401

RoBERT GRADY: September Term, 1910, Superior Court, Irwin County; burglan-; 10 years. Paroled May 29, 1916. Applicant pleaded guilty of felony when, in fact, was only guilty of misdemeanor. The proseeutor, trial judge, solicitor-general and county officers recommended clemency.
C. A. & \Y. P. GRAY: l\farch term, 1914, Superior Court Fulton Count~-; robbery; 5 years. Paroled May 29, 1916. Jury recommended that applicant be punished as for a misdemeanor. The judge disregarded the recommendation. A number of the juror;::, the trial judge and the prosecuting attorney all recommended clemency. Applicant prevented wholesale escape in the camp in which he was confined.
EuGENE BAKKS: April Term, 1914, Superior Court Carroll County; seduction; 5 years. Paroled May 30, 1916. Prosecution was a frame-up agai.nst defendant. Prosecutor recommended clemency. Applieant had good record.
M. L. vYATTS: Spring Term, 1915, Superior Court Fulton County; bigamy; 2 years. Paroled June 26th, 1916. Applicant married second time thinking di-
vorce gave him right to do so. He had no criminal
intent. Prosecuting attorney recommended clemency.

RESPITES.
vVILL BRO\VN: Rabun County; murder. Respited
from December 17, 1915, to January 14, 1916, and
again until January 28, 1916, to give Prison Commission time in which to investigate the case. Granted at commission's request.
W. P. HAUGABOOK: Dougherty County; misdemeanor. Sentence stayed or reprieved December 16, 1915, to January 17, 1916. Granted in order to allow time for counsel to present case to Prison Commission.

402

JoeRXAL OF THE SE~ATE,

AsBFRY PoLL_-\RD: Glynn County; murder. Re-

spited from :Jiarch 10, 1916, until April/, 1916. ~\gain

from April lth until April 1-!th, and again from

April 1-I-th until April 28th. Respites grantell to

gi,e counsel time to procure new eYidence and to pre-

sent same to the Prison Commission and the GoYer-

nor.

,.

R. H. HowELL: ~luscogee County; rioting. Re-

spited from April 28th, until :Jlay lith, 1916, and

again from :Jlay lith until .Jnne I, 191G. Respites

granted to allo\Y time to get the case before the,

Prison Commission.

L. E. Ln.\SEY: Clay County; murder. Respited from :Jlay 8th until ~lay 19th, 1916. Respite gTanted to allo"- counsel to appear and argue case.

Gm ~Ic KrKXEY: :Jliller Count~-; murder. Respited from April 22 until :Jfay 19, 1916, in order to allow counsel time to prepare case properly for Prison Commission and the Governor.

HoBERT KrTCHExs: \Yashington ( 'ounty; murder. R.espited from :Jlay 19th until J nne 2, 1916. RespitP granted to allow counsel time to presei1t case to GoYernor, counsel being engaged in trial of another murder case and could not appear between time Prison Commission sent record down and the date set for the execution.

\rEsT STORY: Harris County; murder. Respited
from June 29, until July 1-, 1916. Respite granted in order to give counsel time to procure new e~idence
and present same to the Governor and Commission.

FRIDAY, .JcLY ~1, 1916.

403

A communication \Y<l8 read from Hon. John C. Hart, State Tax (.jommissioner, giving- the eost in ead1 county of a1lministering the Tax Equalization Act.
The communication was referred to the Finance Committee.
The following resolution was read and adopted, to wit.:

By Jlr. )lcCrory-
Resolnd, that when the Senate adjourns. to day, that it stand adjourned until 11 o'cloek, A. '}f., )ionday.
The following Hou~e bill was read the second time, to wit.:

By )Ir. EdwardsA hill to increase the mnnher of terms of Haral-
son County Superior Court.
The following bills of the Senate were read the seeond time, to wit.:

By )Ir. LawrenceA bill to prohibit foreign corporations from doing
a fidueiary business in this State.

By :\lr. LawrenceA bill to proYide the manner in which fidelity in-
surance companie:-> and surety eompanies and bonding companies may retire from doing business in this State.

404

JorR"'AL OF THE SENATE,

By }fr. BuchananA hill to amend an Act to incorporate the City of
Blakely.
The following Senate resolution was read the second time, to "-it.:
By }fr. LawrenceA resolution authorizing: the State Librarian to
deliver to the Law Libran of the University of Georgia, at Athens, two complete sets of the Georgia Reports and two complete sets of the Reports of the Court of Appeals of Georgia.
The following bill of the Senate, adversely reported, was taken up:

By }fr. ThomasA bill to create a State Board of Game and Fish.
The report of the committee was disagreed to.
The bill was read the second time.
The President appointed the following Senators as members of the joint committee on part of the Senate to inquire into the condition of State finances (Senate Resolution No. 95):
Messrs. \alker, Paulk of 15th District, and McCrory.
The following Senate bills were read the first time, to wit.:
By Mr. BoykinA bill to define the duties of the Keeper of Public
Buildings and Grounds.

FRIDAY, JuLY 21, 1916.

405

Referred to General .Tndiciary Committee.

B~- :Messrs. JfeLaughlin, Lawrence, Burnside and Eakes-
A hill to }H'OYide for the appointment of an umpire by an~ eourt of record, in fiye insurance appraisals, and for other purposes.
Referred to Insuranee Committee.
The follo"'-ing House resoiution, adversely reported by the committee, was taken up, to wit.:

By :\-Ir. Harris of WashingtonA resolution appropriating sufficient funds to pay
ordinarie:> for pension \York in 1915.
Upon the motion to disagree to the adverse report of the committee, the ayes and nays "ere ordered.

Those voting in the affirmative were }fessrs.-

Adams, J. 0. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Eakes, W. J. Fletcher, H. M. Haralson. Pat Harrison, W. T.

Hoh.len, .Jno. F. Lawrence, A. A. :\linter, C. C. ::\{cCrory, C. R. :\IcFarland, J. R. Paulk, Geo. A. Paulk, :\:I. J. Pickett, Roscoe

Smith, E. M:. Stovall, A. S. J.
Thomas, J. R.
Tison, :\fark T1acy, C. C. Trammell, J. R. Way, J. B. Wren, W. J.

Those voting in the negative were :Messrs.-

Bonner, T. B. Boykin, H. A. Goolsby, B. F.

~Iangham, J. J. :\loon, E. T. :\IcLaughlin, B. F.

Pickett, D. C. Turner, T. R.

Those not voting were Messrs.-

Akin, L. R. Bailey, L. S.

Carlton, J. A. Fagan, T.V.

Gillis, ~. L. Harbin, T. W.

406

J OURXAL Oll' THE SE1iATE,

Pea.coek, Z. V. Bansom, W. :U:

Walker, J. D.

.Ayes 25, nays 8.

The report of the committee was disagreed to and tbe bill was read the second time.

Upon motion tbe Senate adjourned until l!onday, July 24, 1916, at 11 o'clock, A. lL

.:\Io~o.n, Jt:LY 24, 1916.

407

SENATE CH.UIBER, ATLANTA, GA.,
Jlonday, .July 24, 1916.

The Senate met pursuant to adjournment at 11 o 'elock, .:-\. JL, anrl was called to order by the President Pro Tem, Hon. E. P. Dobbs.

Prayer was offer<.>d by the Chaplain.

l~pon the call of the roll the following Senators answered to their names:

Akin, L. R Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Carlton, J. A. Dobbs, E. P. Eake5, W. J. Fagan, T.V. Fletcher, H. M. Gillis, X. L. Goolsby. B. F.

Haralson, Pat Harbin, T. W. Harrison, W. T. Hol<len, .Jno. F. Lawrence, A. A. ).1angham, J. J. l>Iinter, C. C. :\form, E. T. , 1\IcCrory, C. R :\kf'arland, J. R :\],Laughlin, B. P. Paulk, C...-eo. A. Paulk, l\I. J. Peacock, Z. V.

Pickett, D. C. Pickett, Roscoe Smith, E. M. Sto,all, A. S. J. Thomas, J. R. Tison, :i\lark Tmry, C. C. Trammell, J. R. Turner, T. R. Ward. C. A. Walker, J. D. Way, J. B. Wren, W. J.

Those absent were :Messrs.-

Adams, J. 0.

Ransom, W. l>I.

B~- unanimous cons<.>nt the reading of the Journal of Friday's se:-;sion "as dispensed with.

Jlr. Moon, of the :~8th District, Acting Chairman of the ( 'ommittee on Engrossing, submitted the following report:

Mr. P1esident: Your Committee on Engrossing has examined and

408

JOURNAL OF THE SEl<ATE,

found properly engrossed and ready for transmission to the House the following bills of the Senate, to wit.~-
A bill to amend the charter of the City of Douglas.
A bill to proYide for a system of public schools of YatesYille.
Respectfully submitted, E. T. }foox, Acting Chairman.

The following message was receiYed from the House, through ~fr. Boifeuillet, the Clerk thereof:

Jlr. President: The House has passed by the requisite constitu-
tional majority the following hi11s of the House, to wit.:
A bill to abolish the office of County Treasurer of Habersham County.
..:\ bill authorizing Ordinary of Habersham County and city authorities of incorporated towns in Habersham County to contract for comicts to work streets of said towns.
A hill to authorize trustees of Louisville Academy to sell certain timber.
A bill to abolish the office of County Treasurer of Dooly County, Ga.
A bill to abolish the office of County Treasurer of Gwinnett County.
A bill to require the State School Commissioner to pay over to County School Commissioner of Bar-

:\Ioxo.n-, J"LLY 24, 1916.

409

row County the proportionate share of common school funds.
A hill to amentl an Act to create a new charter for the town of Statham.
A bill to authorize City of Conyers to issue bonds.
A bill to create a county depository in and for Ben Hill County.
A bill to create a Board of Commissioners of Roads and ReYenues for Banks County.
A hili to abolish the office of County Treasurer of Banks Count~.
A hill to amend the Act creating Commissioners of Roads and Revenues of County of Greene.
A hill to fix the salar~- of Treasurer of Pickens County.
A bill to abolish the Board of Roads and Revenues of Dawson County.
The House has adopted the report of the Conference Committee, which recommended a substitute for the Senate amendment to the folJowing bill of the House, to wit.:
A hill to abolish the Board of Commissioners of Roads and Revenues of Murray County.
The House has adopted the following resolution, in whieh the eoncurrenee of the Senate is asked, to wit.:
A resolution memorializing Congress to return

410
the money collected from the Southern States from 1862 to 18G8, and known as the "Illegal Cotton Tax Fund.''
The House has concurred in the following resolution of the Senate, to wit.:
A resolution Jll'OYiding for a joint committee from the House and Senate to inquire into the condition of the State finances.
The Speaker has appointed ns the committee on the part of the House, Jlessrs. Fullbright,
Jones of Coweta, Griffin of Lowndes, Culpepper.
Jir. Jloon, of :37th District, Chairman of the Committee on General .Judiciary, submitted the following report:
Mr. President: Your Committee on General Judiciary has had
under consideration the following resolution of the House and instructed me as their Chairman to report same back to the Senate with the recommendation that same do pass, to wit.:
A resolution to furnish Clerk of Superior Court of Jenkins County with law books and Acts of the Legislature.
Respectfully submitted, E. T. JfooN, Chairman.

J\foxDAY, JuLY 24, 191G.

411

'rhe following hills of the House were read the first time, to wit.:

By ::\Iessrs. Edwards all<l ~\damsA bill to amend the charter of the City of Monroe.
Referred to Corporations Committee.

By Messrs. Adams and EdwardsA hill to amend the charter of the City of Social
Circle.
RefPrrecl to Corporations Committee.

B~ ::\lr. HoiYanlA hill to establish the City Court of Hinesville.
Referred to Sperial Judiciary Committee.

B~ }[r. CollierA hill to amend the charter of town of Martin.
Referred to Corporations Committee.

By ::\fr. Burruss of ::\forganA bill to create a new charter for the City of Bos-
twick, in the County of ::\!organ.
Referred to Corporations Committee.

B~ :\Jessrs. FmYler and AyerA hill to authorize the City of }lacon to ratify and
confirm a deed heretofore made to certain parts of Seventh and ::\Inlherry Streets in the City of Macon.
Referred to Corporations Committee.

412

JouRNAL OF THE SENATE,

By }lr. Peacock~-\. bill to amend an Act to proYide for a system of
public schools for the City of Albany.
Referred to Education Committee.

By :'lfr. ThompsonA hill to amend Section 8 of an Act authorizing
the town of ( 'omer to issue bonds. Referred to Corporations Committee.
By .Jir. ReiserA bill to amend nn Act to create the City Court of
Springfield in and for the County of Effingham.
Referred to Special Judiciary Committee.
By :\Ir. Cooper of \YareA bill to amend Section 493~, Yol. 1 of the Code of
Ueorgia adopted August 15, 1910.
Referred to General Judiciary Committee.

By Mr. Sloan of Forsyth-
A bill to amend Section 1~49, ,~ol. 1 of the Code
of Georgia 1910, ~o as to add the town of Cumming
to the list of State depositories.
Referred to Special Judiciary Committee.

By ~Ir. ( 'arithers of Barro-wA bill to provide for four terms a year of the Su-
perior Court of Barro-w County.
Referred to Special Judiciary Committee.

MoNDAY, JuLY 24, Hll6.

413

By l\lr. Sumner of WorthA bill to create the City Court of Sylvester.
Referred to Special Judiciary Committee.

By ::\lr. Arnold of ClalkeA bill to amend the charter of the City of Athens.
Referred to Corporations Committee.

By Mr. Beck of MurrayA bill to ereate a Board of Supervisors of Roads,
Bridges and Road Fund;.: for the County of )furray.
Referred to ( 'ounties and County )fatters Committee.

By ::\lr. Hartley of HoustonA hill to amend and revise the several Acts incor-
porating the town of Fort Ya11ey.
Referred to Corporations Committee.

By Messrs. Ennis of Baldwin, Hutcheson of Turner, Olive of Richmond, Campbell of Newton, Culpepper of Meriwether, Fowler of Bibb, a.nd Spence of Mitchell-
A bill to appropriate the sum of fifty thousand dollars for the purpose of building a. dormitory upon the campus of the Georgia X ormal and Industrial College at Milledgeville, Ga.
Referred to Appropriations Committee.

By l\lr. CarithersA bill to amend the charter of the town of Stat-
ham.

414

JouRNAL OF THE SENATE,

Referred to Corporations Committee.
By l\Ir. Pharr of GwinnettTo abolish the office of County Treasurer of
Gwinnett County.
Referred to Counties and County l\lntters Committee.

By ~lr. Anderson of BanksA bill to create a Board of Commissioners of
Roads and Revenues for Banks County.
Referred to Counties and County :Matters Committee.
By :\Jr. King of GreeneA hill to amend an Act relating to the creation of
office of Commissioner of Roads and Revenues for the County of Greene.
Referred to Counties and County ::\1atters Committee.
By Mr. PerkinsA bill to abolish the office of County Treasurer of
Habersham County.
Referred to Counties and County ::\Iatters Committee.
By Mr. AndersonA bill to abolish the office of County Treasurer oi
Banks County.
Referred to Counties and County Matters Com mittee.

.JfOKDAY, JVLY ~4, 1916.

415

By .Jlr. Walker of B<_ll HillA hill to cnnte n county depository in and for the
County of Ben Hill.
Referred to Banks nnd Banking Committee.

By ).Jr. Perkins-

..:\ hill to require the Ordinary of Hahersham Coun-

ty to use the count~ conYicts to work and maintain

at least t~ro street,.; in each town in the countY.

I



Referre1l to Counties anll County .Jiatters Com-

mittee.

By ).[ r. Bradley-

\

..-\ hill to fix the salary of the Treasurer of Pickens

( 'ounty.

Referred to Counties and Cwnty ::\fatters Committee.

By ).Jr. RushinA hill to abolish the office of County Treasurer of
Dooly County.
Referred to Counties and County Matters Committee.

By ).Jr. King of .JeffersonA hill to authorize the trustees of Louisville Acad-
emy to sell certain timber.
Referred to Education Committee.

By .Jfi'. ::\IathewsA bill to abolish the office of Commissioners of
Roads and Revenues of Dawson County.

416

JouRNAL OF THE SENATE,

Referred to Counties and County -:\fatters Committee.

By -:\fr. I\fcCallaA hill to authorize the City of Conyer~ to issue
bonds.
Referred to Corporations Committee.

By -:\Ir. Carithers of BarrowA bill to authorize the State School Commissioner
to pay over to the County School Commissioner of Barrow County certain school funds.
Referred to Education Committee.
The following resolution of the House was read and adopted, to wit. :

By -:\Iessrs. Donis of Crisp and Clements~\ resolution memorializing Congress to return the
money collected from the Southern States from 1.862 to 1868 known as the "Illegal Cotton Tax Fund" now in the United States Treasury.
The following House bills and resolutions were read the second time, to wit.:

By Mr. WalkerA bill to change the time of holding Bleckley
County Superior Court.

By }fr. GillisA bill to change the time of holding the Superior
Court of Montgomery County.

:MONDAY, JULY 24, 1916.

417

By ::\Ir. Anderson of JenkinsA resolution to furnish the Clerk of the Superior
Court of Jenkins County with law books and Acts of Leg-islature.
The following House hills were taken up for a third reading, to be put upon their passage, to wit.:

B~~ ::\Ir. l..iles of CamdenA hill to anwnrl an ~-\.et to incorporate the City of
Kingsland.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
"Gpon the passage of the hill the ayes were 30, nays 0.
The .bill, having received the requisite constitutional majority, was passed.

B~- ::\Ir. Edwards of BryanA hill to create the office of SupelTisor of Roads
and Rewnues for the County of Bryan.
The report of the committee, which was favorable to the passage of the hill, 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.

B~ }Jr. \'easeyA hill to amend, revise, eonsolidate and supersede
the Arts incorporating the town of Korwoocl.

418

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, 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 l\fr. EdwardsA bill to repeal an Act to provide for the creation
of a Board of County Commissioners of Bryan County.
The report of the committee, which was favorable to the passage of the bill, 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. King of JeffersonA bill to amend an Act to consolidate, amend and
supersede the several Acts incorporating the town of Louisville.
The report of the committee, which was favorahle to the passage of the bill, 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.

~IOXDAY, J-uLY 24, 1916.

419

B~ ::\Ir. CarithersA hill to fix the salary of the Treasurer of Bar-
row County.
The report of the committee, which was favorable
to the passage of the bill, was agreed to.
"Gpon the passage of the hill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By ::\Ir. Edwards of HaralsonA hi11 to increase the number of terms of Haralson
Superior Court of Haralson County, Ga.

The report of the committee, which was favorable

to the passage of the bill, 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 ::\Ir. Simpson of CherokeeA bill to amend the charter of the town of Waleska.
The report of the committee, which was favorable
to the passage of the bill, 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.

420

Jot::RNAL OF THE SENATE,

By -:\Ir. Hutc-heson of Turner-
A hill to abolish the offic-e of Treasurer of Turner
Count~.
Tlte report of the committee, which was fayorable to thP passage of the hill hy substitute was agreed to.
The suho;titute was adopted.
lTpon the l>assage of tlw hill by substitute the ayes \Yere 30, nays 0.
The bill, haYing receiYed the requisite cono;titutional majority, was passed.
The follo\\ing Senate hills were read the first tinw:

By ~Ir. StoYall.A bill to regulate the business of telephone com-
pames.
HL>ferred to Corporations Committee.

By ~Jr. Stov.allA bill to create a State Highway Department.
Heferred to Public Roads Committee.

By ~ir. FletcherA hill to amend the charter of the city of Jackson.
Heferred to Corporations Committee.
The following joint resolution was rPad and adopteLl, to wit.:

By ~Ir. HarbinA resolution requesting our Representatives m

::\fONDAY, .JULY 24, 1916.

421

CongT('SS to use whatever means at their command to secure prompt and sufficient Government aid to relieve the suffering from the recent floods in Xorthwest Georgia.
The following joint resolution \Yas read and adopted, to wit.:

By l\1 r. HarbinA resolution to invite the attention of the Secretary
of \rar, ltaYing charge of the location of nitrate plants, to the magnificent water po"ers of Xorth Georgia aYailahle for sueh purposes.
The follm...-ing Senate resolution and bills \Yere taken up for a third reading to be put upon their passage, to wit.:

By Jlr. LawrenceA nsolution authorizing the State Librarian to
delin:>r to the Law Library of the rniversity of Georgia two :-;ets of Georgia Reports and two sets of Georgia Heports of Court of ..:~ppeals of Georgia.
The report of the committee, which was favorable to tl1e passage of the resolution, was agreed to.
Upon the passage of the resolution the ayes were 24, na~s 0.
The resolution, having received the requisite eonstitutional majority, \Yas pal'sed.
By :\Jr. LawrenceA bill to provide the manner in which fidelity in-
surance eompanies and surety companies and bontl-

422

JouRNAL OF THE SENATE,

ing companies may retire from doing business in this State.
The report of the committee, which was favorable to the passage of the hill, \\~as agreed to.
1-pon the passage of the hill the ayes were 26 and nays 0.
The hill, having received the requisite constitutional majorit~~, was passed.

By ::\fr. Buchanan~\ hill to amend an ~\ct to create and incorporate
the Cit:~ of Blakely.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
r pon the passage of the hill the ayes were 30,
nays 0.
The hill, having receind the requisite constitutional majority, was passed.
The following Semtte hill \\~as read the third time, and recommitted to thP. General .Judiciary Committee:

By -~\Ir. LawrenceA hill to prohihit foreign corporations from doing
a fiduciary business in this State.
l'"pon motion of ::\Ir. Boykin the Senate adjourned until tomorrow morning at 10 o'clock.

TuESDAY, JuLY 25, 1916.

423

SENATE CHAMBER, ATLANTI<, GA.
Tuesday, July 25, 1916.
The Senate met pursuant to adjournment at 10 o'clock A. M., and was called to order by the Pre;oident.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Dobbs gave notice that at the proper time he would move to reconsider the following resolution of the Senate, to-wit.:
By Mr. HarbinA resolution to invite the attention of the Secre-
tary of war to the magnificent \vater powers of
Korth Georgia, available for location of nitrate plants.
Mr. Boykin gave notice that at the proper time he would move to reconsider the action of the Senate in the passage of the following House bill, to-wit.:
By )1r. Hutcheson of TurnerA bill to abolish the office of Treasurer of Turner
County.
By unanimous consent the reading of the Journal of yesterday's session was dispensed with.
Mr. Boykin moved to reconsider the action of the Senate in the passage of the following House bill, to-wit.:

4:2J.

JorRXAL or THE SENATE,

B~- }fr. HutehesonA hill to abolish the office of Treasurer of Turner
County.
The motion preYailed and the hill was reconsiderNl.
The bill was recommitted to Counties and County
J\Iatters Committee.
::\Ir. Dobbs moYed to reeonsider the action of the Senate in adopting the follo\Ying resolution of the Senate, to-wit.:

B~- }fr. HarbinA resolution to imite the attention of the Secn-
tan of \Yar, having charge of the location of nitrate
plants, to the magnificent water powers of X orth
Georgia, aYailable for suC'b purpose.
The motion preYailed nnd the resolution was reconsidered.
::\fJ:. Goolsb~- of the ~8th District, Chairman of the Committee on Counties nnd County ::\Iatters, submitted the following report:

illr. President: Your Committee on Counties and County ::\Iatter3
has had under consideration the following bills nf the House and instructed me as their chairman to report same back to the Senate with the reconunendation that same do pass:
House Bill X o. 935. A bill to abolish the office of

Tn::-:nAY, .lrLY :2.), 191G.
County Tnasurer of Burke Coun.ty; to pro\ide a d(pository for county funds, and for other purposes.
House Bill Xo. f..1.5. A bill to abolish the office of County Treasurer of Greene Count~; to establish a depository for the sanw, and for other purposes.
B. E. GooLSBY, Chairman.
:Mr. Harrison of thl' :2.)th Di:-;trict, Chairman of the Connnittef~ on Engrossing, submitted the following report:
Mr. Pre.-;ident: Your Connnittee on Engrossing has examined and
found properly,engrossed and ready for transmis- sion to the House the following Senate resolutions and bill, to-wit.:
A rPsolution authorizing the State Librarian to deliYer to the law lihnny of the lyniYersity of Georgia eertain Georgia Reports.
A resolution requesting our RepresentatiYes in CongTess to use whateYer means at their command to secure prompt aid to reliew suffering from the recent floods in Xorthwest Georgia.
A bill to amend the charter of the city of Blakely. Respectfully submitted, \V. T. HARRrsox, Chairman.
).fr. Tison of the lOth District, Chairman of the Committee on Public Roads, submitted the following report:

426

JouRNAL oF THE SENATE,

111r. President:
Your Committee on Public Roads has 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 pass, to-wit. :
A hill to create a State Highway Department, and to prescribe its powers and duties.
Respectfully submitted, ~L-\.RK TISON, Chairman.

)lr. Adams of the 33rd District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President: Your Committee on Special ,Judiciary has had
under consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit. :
A bill to provide for four terms a year of the Superior Court of Barrow County.
A hill to establish the City Court of Hinesville, Liberty County.
A bill to amend an Act to create the City Court of Springfield in Effingham County.
A bill to amend Section 1249, Volume 1, of the Code of Georgia, so as to add town of Cumming, Forsyth County, to list for State depository.

TuEsDAY, Jl:LY 25, 1916.

4:27

A bill creating the City Court of Sylvester, \Vorth County.
Your Committee has further had under consideration the following bill of the Senate and recommend that it do not pass, to-wit.:
A bill to regulate the instal1ation and the sale of lightning rods in this State.
Respectfully submitted, J. 0. Ao.nrs, Chairman.

)Ir. Peacock of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

Jfr. Pres-ident: Your Committee on Corporations- has had under
consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass,. to-wit.:
A bill to amend the Act approved September :29r 1891, reincorporating the town of Cusseta, Ga.
A bill to amend the Act amending the charter of the city of Columbus.
A bill to amend the charter of the town of Pinehurst.
A bill to amend an Act to establish a new charter for the town of Eton in the county of :Murray.
A bill to authorize 'the city of :Jfacon to ratify and

4~8

JouRNAL OF THE SENATE,

confirm a deed heretofore made to certain parts of Sewnth and :\Iulberry Streets in Macon.
Respectfully submitted, PEACOCK, Chairman.

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

Jlr. Preside11t: The House has passed by the requisite constitu-
tionn l majorit~. the following bills of the House, towit.:
A hill to amend the charter of the city of Atlanta.
A hill to incorporate the city of Pearson.
~\ hill to amend Act establishing a County Board of Commissioners for Bibb County.
The following message was receiYed from the Honse, through :\fr. Boifeuillet, the Clerk thereof:

Jlr. President: The House has adopted the following resolutions,
in which the concurrence of the Senate is asked, towit.:
A resolution to invite the attention of the Secretary of \Yar having charge of the location of nitrate plants, to the magnificent water powers of Georgia ~wailahle for such purposes.
~\ resolution requesting Congressmen and Senators from Georgia to use whatever mean:; at their command to secure prompt and sufficient govern-

TuESDAY, JuLY 25, 1916.

429

ment aid to relieve the suffering from recent floods in Xorthwest Georgia.
:Mr. Bonner of the 31st District, Chairman on part of the Senate of the Conference Committee on House Bill Xo. 52, being a bill to abolish the Board of Commissioners of R,oads and Revenues of Murray Count~-, suhmitted the following report:
Mr. President:. Conference Committee from the Senate and House
upon House Bill ~o. 5:2 recommend the following a~ a substitute for pending amendment to said bill : that the following words he stricken from the last line of Section Three of said bill, "within thirty days after the passage of this Act,'' and substituting in lieu thereof the following: "at the next Democratic State primary election to he held September 1:2, 1916.''
Committee further recommends that the words and figures "Decemher 1:2th" in the third line of first section be stricken and the words and figures "Februar~ 21st" he substituted in lieu thereof.
(Signed) : THos. B. Bo~n\ER, Chairman;
J. w. CALLAHAN,
J. B. WAY, E. WoHLWENDER, JOHN W. BALE, J. B. CLEMENTS. And the report was adopted by the Senate.
The following Senate bills were read the first time~ to-wit.:

430

JOURNAL OF THE SENATE,

By ~fr. wrenA bill to require all cotton seed meal sold in this
State to be branded according to its grade or quality.
Referred to Agriculture Committee.

By Messrs. Boykin and EakesA bill to create a warehouse department for the
State of Georgia.
Referred to Agriculture Committee.

By ~Ir. \YalkerA bill to create the department of banking.
Referred to Banks and Banking Committee.
The following Senate bill was read the second time, to-wit.:

By Mr. StovallA bill to create a ~tate Highway Department.
The following House bills were taken up for a third reading to be put upon their passage, to-wit.:

By Mr. Walker of BleckleyA bill to change the time of holding the Superior
Court of Bleckley County.
The report of the committee, which was favorable to the passage of the bill1 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.

TuESDAY, JuLY 25, 1916.

431

By Mr. GillisA bill to change the time of holding the Superior
Court of Montgomery County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was taken up for the purpose of acting on the amendment of the House, to-wit.:

By ::\Ir. walkerA resolution providing for a joint committee t()
take under consideration all proposed measures affecting the Tax Equalization Law.
The House amends by striking the words "not later than July 22, 1916."
The House amendment was concurred in.
The following Senate bill was taken up for the purpose of acting upon the House amendment, towit.:

By ~Ir. AdamsA bill to amend an Act to establish a City Court
in the county of Hall.
The House proposed to amend by striking from the lth line thereof all except the first two words, to-

JouRXAL OF THE SEXATE,
wit.: "may preside" and also the first four words of lineS, to-wit.: "the State may preside."
'rhe Honse amendment was adopted. The following House bills were read the second time, to-wit.:
By ~Ir. SloanA bill to amend Section 129, Volume 1, of the
Code of 1910, so as to add the town of Cumming to list of State depo:-;itories.
By :Mr. CarithersA bill to provide four terms a year of the Superior
Court of Barrow County.
By :Jir. ReiserA bill to amend an Act to create the City Court of
Springfield.
By :Jiessrs. Heath and Fullbright..\ bill to abolish the office of County Treasurer of
Burke County.
By .Jir. King of GreeneA bill to abolish the office of County Treasurer of
Greene County.
By .Jir. Sumner~-\ bill to create the City Court of Sylvester.
By .Jir. HowardA bill to establish the City Court of Hinesville.

TeEt:mAY, JrLY ~;), 1916.

-!33

By :Jiessrs. Fo"ler and AyerA bill to authorize the eity of ~Iacon to ratify and
confirm a deed heretofore made to certain streets in
the eity of :JIaeon.

By :Jie:"srs. S\Yift, Xeill and \Yollhn'IH1er~~ bill to amend the cluuter of the cit~ of Colum-
bus.

By :Jir. Rushin}._ bill to mnend the charter of the town of Pine-
hurst.

By :Jir. Gordy~-\ ]Jill to amend the <.'harter of the town of Cusseta.

By :Jir. BeckA bill to amend the' charter of the town of Eton, in
the county of :JIunay.
The following rei'olution was reat1 and referred to the Committee on Rules, to-wit.:

B~ :Jir. Harbin~~ resolution to make House Bill No. -!6 a special
order for \Yednesday, July 26, 1916.
The follo\\ing Senate hills, adnrsely reported, were taken up, to-wit.:

By :Jir. PersonsA bill to authorize the GoYernor to examine into
the condition and administration of the office of sheriff in the counties of this State.

434

JouRNAL OF THE SENATE,

.:\ir. Persons moved to disagree to the adverse report of the committee.

Upon motion the previous question was called anJ the main question ordered put.

rpon the motion to disagree to the adverse report of the committee the ayes and nays were ordereJ and the vote was as follows:

Those voting in the affirmative were .:\Iessrs.-

ALlams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Bumside, J. B. Cnllall3n, J. W. Dobbs, E. P. Haralson, Pat

Harbin, T. W. Harrison, W. T. Holuen, Jno. F. Lawrence, A. A. :,\[angham, J. J. :\linter, C. C. Peacock, Z. V.

Pickett, Roscoe Sto,all, A. S. J. Thomas, J. R. Turner, T. R.
Walker, J. D. Way, J. B. Wren, W. J.

Those voting in. the negative were J!essrs,..!.....

Akin, L. R. Fletcher, H. M. Gillis, ~- L. Goolsby, B. F. :\lonn, E. T.

}IcCrory, C. R. )lcFarland, J. R. :McLaughlin, B. F. Paulk, M. J. Pickett, D. C.

Smith, E. :\I. Tison, Mark
Traey, c. ('.
Trammell. J. R. Ward, C. A.

Those not voting were :Messrs.-

Buchanan, W. A. Carlton, J. A.

Eakes, W. J. Fagan, T.V.

Paulk, Geo. A. Ransom, W. )f.

Ayes 22, nays 15.

The motion was agreed to and the bi.ll was read the second time.

By Mr. Thomas-
A bill to provide for the non-issuing of witness ~ubpU'nas in criminal cases for non-resident witnesses.

T"C"ESDAY, J"C"LY 25, 1916.

435

~Ir. Thomas moved to disagree to the adverse l'eport of the committee.
"Cpon motion the previous question was called and the main que.stion ordered.
The motion was adopted and the bill was read the second time.

By ~Ir. AdamsA bill to regulate the grading of cotton in this
State.
"Cpon motion the report of the committee w .. agreed to and the bill lost.

By ~Ir. AdamsA bill to amend an Act approved August 16, 1909,
to provide for the levy of a tax for the support of the State Government and for other purposes.
L'pon motion the report of the committee was agreed to and the bill lost.
"Cpon motion of ~Ir. Peacock the Senate adjourned until tomorrow morning at 10 o'clock_.

436

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA. \Vednesday, .July ~6, 1916.

The Senate met pursuant to adjournment at 10 o'clock A. -:\L, and was called to order by the Pre,.;ident.

Prayer was offere<l by the ( 'haplain.

rpon the call of the roll the following ~enaton.;

answered to their names :

Adams, .J. 0.
Akin, L. R.
Bailey, L. s.
Bonner, T. B.
Boykin, H. A. Buchanan, w. A.
Burnside, .J. B.
Callah;,n, .J. w.
Carlton, .T. A.
Dobbs, E. P.
Eakes, w. J. Fagan, T. v.
Fletcher, H. M.
Gillis, N. L.

Goolsby, B. F.
Haralson, Pat
Harbin, T. w.
Harrison, W. T.
Holtlen, .Jno. I~.,.
Lawrence, A. A.
:\Ianghnm, ,J. J.
:\Iinter, c. C.
:\Ioon, E. T.
McCrory, C. R. :\[cFarland, J. R.
McLaughlin, B. F.
l'aulk, Geo. A.
Paulk, l\L .J.

Peat'ork, Z. v.
Pickett, D. C. Pickett, Roscoe
Smith, E. l\f.
StO\all, A. s. .T.
Thomas, J. R. Tison, Mark
Tm ..y, (' ('.
Trammell, .J. R. Turner, T. k
Ward, C. A.
Walker, .J. D. Way, .J. B.
\Vren, w. .J.

Those absent were Messrs.-
Ransom, \V. :\I.

By unanimous consent the reading- of the .Journal of ye;.;terday 's session was dispensed with.

:Jir. :\Ioon of the 37th District, Acting Chairman of the Committee on Engrossing, submitted the following report:

Mr. President: Your Committee on Engrossing has examined and

\VEDNESDAY, .JULY 26, 1916.

437

found properly engrossed and ready for transmission to the House the following bill, to-wit.:
A bill to proYide the manner in which fidelity insurance companies and bonding companies may retire from doing business in this ~tate.
Respectfully submitted, E. T. :VIooN, Acting Chairman.

~fr. l\foon of the 31th District, Chairman of the Committee on Gtneral Jtidiciary, submitted the following report :

Mr. President: Your Committee on General ,Judiciary has had
under consideration the following bills of the House and instructed me as their chairman to report same hack to the Senate with the recommendation that same do pass as amended, to-wit.:
A bill to amencl Section 129 of the Code of Georgia of 1910, Volume 1, relative to primary elections for Gonrnor, C S. Senators, State House Officials, etc.
A bill to repeal the Ad creating the City Court of Xashville.
Your committee has further had under consideration the following hill of the Senate and recommend that it do pass, to-wit.:
A bill to pro,ide punishment for stealing automobiles in the State of Georgia.
Respectfully submitted,
. E. T. MooN, Chairman.

438

JouR~AL OF THE SENATE,

M:r. Goolsby of the ~8th District, Chairman of the Committee on Counties and County ::\Iatters, submitted the following report:

Mr. President: Your Committee on Counties and County .:'IIatters
has had under consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit..:
A bill to create the office of Commissioner of Roads and ReYenues of Telfair County.
A bill to abolish the office of County Treasurer of Chattahoochee County.
A bill to repeal ~n Act to create a Commissioner of Roads and ReYenues for Telfair County.
A bill to fix the salary of the Treasurer of Pickens County.
A bill to abolish the office of County Treasurer of Mcintosh County.
A bill to abolish the office of County Treasurer of Brooks County.
A bill to create a county depository in and for Ben Hill County.
A bill to create six road districts in and for Ben Hill County.
A bill to amend an Act creating the office of Commissioner of Roads and ReYenues for Greene CountY..

WEDNESDAY, JULY 26, 1916.

439

A bill to abolish the office of County Treasurer of Miller County.
A bill to provide for a salary of County Treasurer of Stewart County.
A bill to abolish the Board of Roads and Revenues of Dawson County.
A bill to abolish the office of County Treasurer of Gwinnett County.
A bill to authorize the Ordinary of Murray County to take charge of the Treasurer's books and to tranS'act the business of said. county.
A bill to fix the compensation of the Treasurer of Bacon County.
A bill to create a Board of Supervisors of Roads, Bridges and Road Funds for Murray County.
Your committee has further had under consideration the following bill of the Senate and recommend that it do pass, to-wit.:
A bill to abolish the office of County Treasurer of Early County.
Respectfully submitted, GooLSBY, Chairman.

~Ir. Peacock of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

Mr. President: Your Committee on Corporations has had under
consideration the following bills of the House and

40

J 01JR~AL OF THE SENATE,

instructed me as their chairman to report same back to the Senate with the recommendation that ::;ame <lo pass, to-wit.:
..-\. bill to ereate a new eharter for the city of Bostwick.
"\_ bill to authorize the city of Conyers to Issue bonds .
..:-\ bill to amend the charter of the city of ~Iomoe, Georgia.
A bill to ameiHl S(:'ction 8 of an .Act authorizing the town of Comer to i!'sue bonds.
..:\. hill to amend an ~-\rt chartering the town of ~Imtin, Georgia.
A bill to amen(l the charter of the city of Athens.
A bill to amend, re\'ise and eonsolidate the se\'eral ~-\cts granting- corporatL authority to the town of Fort Valley, Georgia.
A bill to amend an Act to create a new charter for the town of Statham, Ga.
Your committee has further had under con8ideration the follo,Ying hill~ of the Senate and recommend that they do pass, to-wit.:
A hill to amend an Act creating a Board of Lights and \Yater \Yorks for the (ity of ~Iarietta.
A bill to amend an Act to amend the charter of the city of Jackson, Ga.
Respectfully rmbmitted, PEACOCK, Chairman.

\VEDXESDAY, Ju-LY 26, 1916.

4-1

Mr. Lawrence of the 1st District, Ex-Officio Chairman of the Committee on Rules, submitted the following report :
JJ1 r. President: Your Committee on Rules recommend that House
Bill Xo. 46 be made a special and continuing order immediately after the reading of the Journal toda_,-.
Respectfully submitted, LA\\"REXCE, Chairman.
The report of the committee "as adopted.
The follo,Ying message was receind from the House, through ~Ir. Boifeuillet, the Clerk thereof:

Mr. Presiile11t: The House has passed h~- the requisite constitu-
tional majority, the following hills of the House, to-wit.:
A hill to amend the charter of the Presbyterian Church of the cit~- of SaYannah.
A hill to create a Board of Commissioners of Roads and ReYenues in and for Polk County.
A bill to amend an Act to abolish the office of Count~ Treasurer in Jefferson Count~--
A bill to amend an Act creating County Commissioners of Jefferson Connty.
A bill to fix salary of Treasurer of Lee County.
A hill to amend Act creating the office of Commissioners of Roads and ReYenues of Irwin County.

442

JOURNAL OF THE SENATE,

A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for Polk County.
A bill to fix compensation of Treasurer of Lincoln County.
A bill to amend the Act authorizing establishment of a system of public schools for city of Villa Rica.
A bill to fix the salary of Treasurer of Marion County.
A bill to authorize the city council of Augusta to require the grading, paving, macadamizing and otherwise improving the streets and public alleys of Augusta.
A bill to abolish the office of Treasurer of Irwin County.
A bill to amend an Act creating office of Commissioner of Roads and Revenues of Madison Cemnty.
The following resolution \vas read and referred to the Committee on Rules, to-wit.:
By l\Ir. AkinA resolution to make Senate Bill No. 274 a special
and continuing order immediately after unfinished business on Thursday, .Tuly 27, 1916.
The following House bill, being a special order, was taken up for a third reading, to be put upon its passage, to-wit.:
By :3fessrs. Davis and Coleman of Laurens and Elders-
A bill to establish a Board of Examiners in Optometry in the State of Georgia.

\YEDXESDAY, JULY 26, 1916.

443

The report of the committee, which was favorable to the passage of the hill, was agreed to.
Iii
Upon the passage of the hill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following Senate bills were read the first time, to-wit.:

By ::\Ir. Lawrence-A bill to amend an Act to amend, revise and con-
solidate the seYeral Acts granting corporate authority to the town of Warsaw.
Referred to Corporations Committee.

By J'\Ir. \YayA bill to prohibit persons from hunting and fish-
ing in this State without a license.
Referred to the Game and Fish Committee.

By ::\Iessrs. Goolsby and PersonsA hill to provide the payment of a fee to sheriffs
who may raid or seize distilleries.
Referred to General Judiciary Committee.

By ::\Iessrs. Boykin and ::\IanghamA hill to permit the bringing of alcohol into the
State for use in manufacturing articles of commerce.
Referred to Temperance Committee.

.JouR:c-rAL OF THE SEXATE,
By ::\Ir. Turner-
A bill to amend an Act in regard to the Depart-
ment of Horticulture and Pomology approwd Decemher ~0, 18~18, and Acts amendatory thereof.
Hefc>rred to Agriculture Committee. The follo\Ying bills of the House were read the fir~t time, to-wit.:
By :\Ir. ~tewart of Co:tfee-
A bill to incorporate the city of Pearson.
Referred to Corporations ( 'ommittee.
By :\Iessrs. Blackbum, Andrews and Atkinson-
A bill to amend the charter of the city of ~\tlanta. Referred to Corporations Committee.
By :\Ir. Fowler-
A hill to amend an Act to establish a County
Board of Commissioners for Bibb County. Referred to Counties and County Matters Com-
mittee.
By .:\Iessrs. Olin, Beall and \VoodwardA hill to authorize the city council of Augusta to
require the grading and paYing of streets of said city.
Referred to Corporations CommitteP..
By Mr. Lunsford..\ hill to fix the salary of the Treasurer of Lee
County.

-WEJJKERT>AY, ,JULY 26, 1916.

445

Referred to Counties and County Matters Committee.

By Jlr. King.:\. bill to amend an Act approved December 13,
1871, with referE>nre to County Commissioners of .Jefferson County.
HefE>rred to Counties and County :1\fatters Committee.

By ::\Ir. ShuptrineA bill to amend the charter of the Presbyterian
Church of Savannah.
Referred to Corporations Committee.

By Mr. LedbetterA bill to ereate a Board of Commissioners of
Revenues an<l ( 'ommissioner of Roads and Bridges for Polk County.
Heferred to Counties and County :3Iatters Committee.

By ::\Ir. King-

r

~-\ bill to amend an Act to abolish the office of

Count~- Treasurer in Jefferson County.

Referred to Counties and County ::\iatters Committee.

By Mr. ClementsA bill to amend an Act to create the office of
Commissioner of Roads and Revenues of Irwin County.

446

JOURNAL OF THE SEXATE,

Referred to Counties and County ::\Iatters Committee.

By ::\Iessrs. Beck and Dorsett of CarrollA bill to amend an Act to create a public school
system for the city of Villa Rica.
Referred to Education Committee.

By ::\Ir. ClementsA bill to abolish the office of County Treasurer of
Irwin County.
Referred to Counties and County ::\Iatters Committee.

By ::\fr. ThompsonA bill to amend an Act creating the Commissioner
of Roads and Revenues of ~Iadison County.
Referred to Counties and County Matters Committee.

By ~Ir. HoggA bill to fix the salary of the Treasurer of ::\Iarion
County.
Referred to Counties and County }fatters Committee.

By :Mr. LedbetterA bill to repeal an Act to create a Board of Com-
missioners of Roads and Revenues for the county of Polk.
Referred to Counties and County Matters Committee.

wEDNESDAY, ,JULY 26, 1916.

447

By 1\Ir. EstesA bill to provide a compensation for the Treas-
urer of Lincoln County.
Referred to Counties and County ~ratters Committee.
The following House resolution was taken up and concurred in, to-wit.:

By ::\Iessrs. Cole and BaleA resolution to invite attention of Secretary of
'Yar, having charge of the location of nitrate plants, to the magnificent water powers of Georgia, available for such purposes.
The following House bills were read the ~econd time, to-wit.:

By Mr. CookA bill. to repeal an Act to create a Commissioner
of Roads and Revenues for Telfair County.

By Mr. Beck of MurrayA bill to authorize the Ordina1y of Murray Coun-
ty to take charge of the Treasurer's book in said county.

By :Messrs. Edwards and Adams of WaltonA bill to amend the charter of the city of Monroe.

By Mr. Thompson of :MadisonA bill to amend an Act authorizing the town of
Comer to issue bonds.

448

JouRXAL oF THE HEKATE,

By :2\Iessrs. Tumer and HoLlges~\. hill to abolish the office of County Treasurer of
Brooks County.

By ~Ir. PharrA hill to abolish the office of Treasurer of Gwin-
nett County.
B~- ~Iessrs. Xeill and Go relyA bill to amend Section 1~~) of the Code of l~Hll,
relatiYe to primary elections.

By ~Ir. HartleyA bill to amend the charter of the town of Fort
Yalley.
By ~Ir. KingA bill to amend an ~\.ct relating to the creation of
the office of Commissioner of Roads and He,enues for Greene County.

By ~Ir. Gordy-
to ~\. bill aholish the office of Treasurer of Chatta-
hoochee County.

By J[r. CollierA bill to amend the charter of the town of ~Imtin.

By ~Ir. Jlatthews:\ bill to abolish the Board of Commissioners of
Roads and Revenues of Dawson County.

By Jfr. CookA bill to create the office of Commissioner of
Roads and Revenues of Telfair County.

\VED~l:':SrHY, .Jl'LY ~6, ]916.

449

By .M:r. Beck of :MurrayA bill to create a Board of Supervisors of Roads
and Bridges for )furray Count~'

By :Nir. \Valker of Ben Hill-
A bill to create a county depository in and for
Ben Hill County.

B~r Mr. Carithers of BarrowA bill to amend the charter of the town of Statham.

By -:\-Jr. McCalla.\ hill to authorize the city of Conyers to issue
bonds.

By 1fr. walker of Ben HillA bill to create six road districts in and for Ben
Hill County.

By :Mr. RichA bill to abolish the office of Treasurer of Miller
County.

By Mr. ClarkeA bill to abolish the office of Treasurer of Mc-
Intosh County.

By Mr. Carter of BaconA bill to fix the compensation of the Treasurer
of Bacon County.

By Mr. Arnold of ClarkeA bill to amend the charter of the city of Athens.

450

JouRNAL OF THE SENATE,

By Mr. BurrussA bill to create a new charter for the city of Bost-
wick.

By Mr: BoyettA bill to provide a salary for the Treasurer of
Stewart County.
The following bill of the House was read the second time and recommitted to the Committee on Counties and County Matters, to-wit.:
By Mr. BradleyA bill to :fix the salary of the Treasurer of Pickens
County.
The following bills of the Senate were read the second time, to-wit.:

By Mr. BuchananA bill to abolish the office of Treasurer of Early
County.

By Mr. GoolsbyA bill to provide punishment for stealing automo-
biles.

By Mr. DobbsA bill to amend an Act creating a Board of Lights
and Water for the city of Marietta.

By Mr. FletcherA bill to amend the charter of the city of Jackson.
The following resolution of the House was read and concurred in, to-wit.:

\\'ED~ESDAY, JULY 26, 1916.

451

By Messrs. Bale, Anderson and Findley of FloydA resolution requesting Congressmen ;md Sena-
tors from Georgia to secure government aid for flood sufferers in Northwest Georgia.
The following Senate bill was taken up for a third reading to be put upon itS' passage, to-wit. :

By Mr. ThomasA bill to provide for the non-issuing of subprenas
for non-resident witnesses in criminal cases, etc.

::\fr. Thomas offered the following amendment to the bill, which was adopted, to-wit.:
Amend by striking the word defendant wherever it appears and inserting in lieu thereof the words "party applying for suhprenas either State or defendant.''

The preYious question was called and the mam question ordered.
1~pon the passage of the bill as amended the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Akin, L. R. Bailey, L. S.
Bonner, 'r. B.
Eakes, W. J. Gillis, N. L. Goolsby, B. F. Harhin, T. W. TTol<len .Tno. F.

Lawrence, A. A. McCrory, C. R. :\lcFarland, J. R. ::ltcLaughlin, B. F. Paulk, :'.f. J. Pickett, Roscoe Smith E. M'. StO\all, A. S. J.

Thomas, J. R. Tison, )lark
'l'racy, c. n.
Trammell, J. R. Turner, T. R.
Ward, C. A. Way, J. B.

Those Yoting in the negative were :Messrs.-

Boykin, H. A. Tinchanan, W. A.

Burnside, J. B. <";allahan, J. W.

Fletcher, H. M. Haralson, Pat

452

JouRNAL oF THE SENATE,

Harrison, W. T. Minter, C. C.

~loon, E. T. Peacock, Z. V.

Wren, W. J.

Those not voting were .Messrs.-

Adams, J. 0. Carlton, J. A. Dobbs, E. P.

Fagan, T. V. ::\fangham, J. J. Panik, Geo. A.

Pickett, D. C. Ransom, W. M. Walker, J. D.

Ayes 23, nays 11.

The bill, having received the requisite constitutional majority, was passed as amended.

'l'be following House resolution was taken up for a third reading to be put upon its passage, to-wit.:

By ~fr. Anderson of JenkinsA resolution to furnish the Clerk of the Superior
Court of Jenkins County with law books and Ach: of the Legislature.
The report of the committee, which was fuyoraiJlt~ to the pass-age of the resolution, was agreed to.
Upon the passage of the resolution the ayes W<'n~ 36 and nays 0.
The resolution, having receiYed the requisite constitutional majority, was passed.
The following message was received from His Excellency, the Governor, through his Secretary, Mr. Jones:

Mr. President :
I am directed by His Excellency, the Governor, to deliver to the Senate a communication in writing, for which he respectfully asks your consideration.

VVEDKESDAY, .TVLY 26, 1916.

4:53

rrhe following message was read from the Governor, to-wit.:

ATLANTA, GA., July 26, 1916.
1'o the General Assembly:
Your attention has heretofore been called to the Act of Congress approved July 11, 1916, appropriating a sum of money to be apportioned to the several States for the purpo~e of providing for the construction of Rural Post Roads.
Under the terms of the Act, in order that the State may secure its apportionment, it is necessary for the Legislature at its first session to assent to the provisions thereof. It is also very desirable that the General Assembly provide some commission or other authority to handle the subject, with power to comply with the requirements made upon the State in order to share in the appropriation. It would also he well to provide a method of ascertaining and defining the value of the convict labor that, will hE' used upon the public roads in carr~ing out the requirements upon the State.
ThE> Governor has this day received from the Honorable D. F. Houston, Secretar~' of Agriculture, official notice showing the method and amount of apportionment to the several States for the fiscal year ending .Junf> BO, 191'7, under the terms of th~ Act referred to. Georgia's share under this apportionment is shown to be $134,329.48. With the same basis of apportionment the following ~'ear this amount would be doubled and an increase of $134,-

454

JouRNAL OF THE SE::-<ATE,

3:29.-!t\ for each year >vill follow until the year ending June 30, 1921. -While these figures may be varied from year to year, the variation will necessarily be small.
Legislation is necessary before the State of Georgia can secure the benefits to be derived from this apportionment and appropriation. The nature of the legislation required is set out in the Act of Congress now in possession of your body.
It is a matter of great importance, especially in view of the fact that expenditures already being made hy our county authorities on the roads can be utilized under the Act without any loss to projects already begun if the necessar~ legislation is adopted.
It is therefore earnestly urged that appropriate action during this session of the General ~-\ssembly be taken, in order that the State may reap the benefits of the )Jational appropriation.
Respectfully submitted, N. E. HARRIS, Governor.
The following Senate bills were taken up for a third reading to be put upon their passage, to-wit.:
By Mr. Pirkett of the 11th DistrictA bill to provide for the appointment of two Fac-
tonr Inspectors by the Commissioner of Commerce and Labor to aid in the enforcement of the Child Lahor Law.
~Ir. Callahan offered a substitute to the bill and upon its adoption the a~es and nays were ordered. The vote was as follows:

\YEDXE:;;HAY, ,TrLY 26, 1916.

455

Tltosl' Yoting in tlw atfirmatiYe were :Jlessrs.-

Huehunun, "\V. A. Burnside, J. B. C:lllahan, J. W. Dobbs, E. P. Eakes, W. J.

l:illis, X. L. (iool!<h.' H. F. Paulk. Geo. A. Paulk. :\L J. Pitkett, D. C..

Pickett, Roscoe Smith, E. M. Tison, ::\lark Walker, J .. D. Wren, W. J.

Those voting in the negative were 11.essrs.-

Akin, L. R. Bailey. L. S. Bonner, T. B. Fletcher, H. M. Haralson, Pnt Harbin, T. W. Harrison, W. T. H"lden, Jno. F.

:\fangham, J . .f. :\linter, (', C )loon, E. T. )feCrory, C. R. :\IeFarlan<l, J. R. :\IeLaughlin, B. F. Peaeoek, Z. V.

Stovall, A. S. J. Thomas, J. R. Trary, C. C. Trammell, .J. R. 'l'urner, T. R. Ward, C. A. War. J. B.

Those not voting were .Messrs.-

Adams, J. 0. Boykin, H. A.

Carlton, J. A. Fagatl, T. Y.

Lawrence, A. A. Ransom, W. M.

Ayes 15, nays 22.

The substitute was lost.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
r pon the passage of the bill the ayes and nays
were ordered and the vote was as follows:

Those voting in the affirmative "ere :Jiessrs.-

Akin, L. R. Boykin, H. A. Buchanan, "\V. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Eakes, W. J. Gillis, N. L. Harbin, T. W.

Holdl'n, .Jno. F. :\Iangham, J. J. :\I inter, C. C. )feCrory, C. R. :\le Farland, J. R. )leLanghlin, B. F. Paulk. Geo. A. Panik. i\i. J. l'iekett, 11. C.

Pickett, Roscoe Stovall, A. S. J. Tison, Mark Trammell, J. R. "\Vard, C. A. Walker, J. D. Way, J. B. "\\rren, W. J.

4-5f)

.JOHR"NAL Ot' THE SENATE,

Those Yoting in the negative were ~Iessrs.-

Bailey, L. S. Bonner, T. B. Fletcher, H. :M. Goolsby. R. F.

Hanison, W. T. :\loon. E. '1'. Peacock, Z. V. Smith, E. :\f.

Thomas, .J. R. T1aey, C. c. 'l'nrner, T. R.

Those not voting were Messrs:-

Adams, J. 0. Carlton, .T. A.

Fagan, T.V. Haralson, Pat

La1uence, A. A. Hansom, W. :\-[.

Ayes 26, nays 11.

The bill, having received the requisite constitutional majority, was passed as amended, and the amendments are as follows:
Committee amendments to Senate Bill No. J2~):
Committee amends caption as follows: By ~trik ing after the word "of" and before the word "Factor~r" the word "two" in the first line of caption, and insert in lieu thereof the word ''one.''
Committee amends Section One by striking the word ''two'' in fourth line of said bill after the word "appoint" and before the word "Factory" the word "two" and insert in lieu thereof the word "one."
Committee amends Section 3, second line, by striking aftt>r word "of" and before words "per annum" th(' figurt>s $1,500 and insert in lieu thereof the figures "$1,200."

By Mr. Persons-
A bill to authorize the Governor to examine into the condition and administration of the office of shf'riff in the counties of this State.

"'EDXESDAY, Jer.Y 2f1, HHG.

-!;)i.

The following amendments were read and adopted:
By l\1r. Persons of the :2:2ndAmend by inserting the word ''wilful'' before the
word "neglect" wherever it appeal'S in the bill.

By )1r. .McCroryMoves to amend by :striking the word::; in the lOth,
11th, 12th lines of Section 2 a::; follows: ''Which said order or judgment of removal when signed by the Governor shall be final and not subject to the review of any court of this State,'' and substituting the following: \'The sheriff shall lmYe the right of appeal to the Supreme Court of Georgia and sball enter said appeal with the Governor within four days after the entering of said order of removal and the Governor shall within twenty days transmit to the Supreme ( 'ourt all the record of said case and :-;aid court shall hear and determine said appeal within twent~ da~s aftf'r the record in said case has been filP<l in said f'ourt. The Governor shall not appoint a stwressor for the sheriff until after the final judgnwnt on the appeal, offering the order of removal.''
tT pon the passage of the bill as amended the ayes w<>re 27, nay:-; fi.
'l'he bill, having receiYed the requisite constitutional majority, was passed as amended.

By Mr. TurnerA bill to provide for conferring upon banking
companies the rights, powers and privileges of trust companies.

458

JouRNAL o~' THE SENATE,

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
Upon the passage of the bill the ayes were 29, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended, and the amendment was as follows:
Committee amends by striking the :figures $100,000 wherever it appears in the bill and inserting in lieu thereof $50,000.
Upon motion the Senate adjourned until tomorrow morning at 10 o'clock.

THURSDAY, JrLY 21, 1916.

459

SENATE l'HAMBER, ATLANTA, GA.,
Thursday, July 27th, 1916.
The Senate met pursuant to adjournment at 10 o 'clock, .:\. ~I., and was called to order hy the President Pro Tem., Hon. E. P. Dobh:';.
Prayer was offenrl by the Chaplain.
.By unanilllous <onsent the call of the roll was disJl<'n s<>d "ith.
B~ uwmimot!s l'onseu t the reading of the Jonrna! of ~estenlay 's pru('eedings was dispensed with.
)lr. 'fhomas was gTanted an indefinite leaye of abS(llH'(' on ac<'onnt of siekness in his family.
By unanimous <on sent Senate Bill X o. :247 was set as a RJWcial and continuing order for Tuesday, Auguf.1t 1, 19Hi, imnwdiahI~ afhr the reading of the .T ournal.
TlH follo\Ying uwssage was received from the HnnsE:', through ~rr. Boif<>uillet, the Clerk thereof:
lllr. President: The House has pass<'d by the requisite constitu-
tional majorit~' tlw following joint resolutions of the Honse, to '"it. :
A r(solution to pay pE'nswn to Mrs. Partheney I\lasse~ .
.A resolution for tlw re>li!'f of John T. Dargan.

+60

JouRNAL OF THE S~<~NATJ<:,

.A resolution to furnish wheeler County with certain books from State Library.
A resolution to furnish Georgia Heports to Ordinary and Clerk of Superior Court of Charlton County.
..\ resolution to furnish (;ounty of Fulton Supreme Court and Court of Appeals Reports, and A('ts of the General Assembly.
A resolution to furnish State Library hooks to Twiggs County.
The House has coneurred in the fo.llowing resolution of the Senate, to wit.:
A resolution requesting Representatives in Congress and Senators of Georgia to use whatever means at their command to secure Government aid to relieve suffering from the recent floods in Xorthwest Georgia.
The following message was -reeeived from the House, through Mr. Boifeuillet, the Clerk thereof:

Mr. President : The House has passed by the requisite constitu-
tional majority, the following hills of the House, to wit.:
A bill to provide for the creation of the Georgia State Highway Commission.
A bill to amend the Act creating the City Court of Zebulon.

THURSDAY, ,JULY 27, 1916.

461

.Jfr. Paulk, of the 15th District, Vice-Chairman of the Committee on Temperance, submitted the following report:
1Jfr. President: Your Committee on Temperance has had under
consideration the following bill of the Senate, and instructed me, as their Chainnan, to report the same back to the Senate with the recommendation that same do pass, to wit.:
A bill to permit the bringing of alcohol into the State for the purpose of its use in manufacturing articles of commerce.
Your Committee has also hatl under consideration the fol1owing bill of the Senate, 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 the manufacture, sale and keeping for sale of cigarettes, etc.
Respectfully submitted, M. J. PAULK, Vice-Chairman.

Mr. Dobbs, of the :~5th District, Chairman of the Committee on \Vestern & Atlantic Railroad, submitted the following report:

M1. President: Your Committee on Western & Atlantic Railroad
has 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 pass, to wit. :

4G~

JorHXAL OF THE SENATE,

~-\. bill to amend an Act to provide for the leasing of the \Yestern and Atlantic Railroad.
Respectfully submitted,
:K P. Doss~, Chairman.
}[r. Goolsh), of the 28th District, Chairman of the Committe(' on Counties and County ~ratters, submitted the following report:

Mr. President: Your ( 'onnuittee on ( 'ounties and Count~ ::\fatters
has had under consideration the following bill of the lionS<', and instrueted me, as their Chairman, to report same hack to the Henate with the recommendation that same do pass, to wit.:
A hill to abolish the office of County Treasurer of Randolph County.
Your Committee has further had under consideration the following hill of the House and recommend that it do pass as amended, to wit.:
.A bill changing t('rlll of Commissioners of Roads and Revenues of Glynn County.
Respeetfully submitted, GooLSBY, Chairman.

?\lr. Boykin, of the 17th I>istriet, Chairman of the Committee on Enrollment, suhmitt<:'cl the following report:

Mr. Pres-ident: Your Committee on J<~nrollnH,'nt report as duly en-
roll<d and ready for the signature of the President

THURSDAY, ,JVLY 'J7, 1916.

463

of the Senate and Speaker of the House the following Acts, to wit.:
An Act to amend an Act to establish a City Court in the County of HalL
.An Act to establish a City Court in the City of Jesup, 1Vayne County.
An Act to abolish the County Court of vVayne
County. Respectfully submitted, H. A. BoYKIN, Chairman.

Mr. Boykin, 9f the 17th District, Chairman of the Committee on Enrollment, submitted the following report:

Jfr. P1esident : Your Committee on Enrollment report as duly
signed by the President of the Senate and Speaker of the House and delivered to the Governor tbe follo,Ying Acts, to wit. :
An Act to amend an Act to establish a City Court in the County of HalL
An Act to establish a City Court in the City of .Tesup, Wayne County.
An Act to abolish the County Court of Wayne County.
Respectfully submitted, H. A. BoYKIN, Chairman.
Mr. Ward, of the 5th District, Acting Chairman of

464

.JOl'HNAI, OF THE SENATE,

the Connni tt<>e on J;~ng-rossing, submitted the following report :

lllr. Preside11f: Your Committee on Engrossing has examined and
found properly engToss<>d aml ready for transmission to tlw Honse tl](> following bills, to wit.:
A bill to proYide for the non-issuing of subpoenas for non-resident 'YitnPsses in certain cases.
.A. bill to Jnoyide for the appointment of a Factory Inspector h~ tiH ( 'onnnissiomr of Commerce and Labor.
.:\ bill to autlwriz< th< Uovemor to examme into the administration of tlte office of ShPriff in the various counties of this Rtate.
A bill to confer upon banking companies the rights and powers of trust eompanies.
Hespectfull~- submitted, ( '. A. \\.ARD, Acting Chairman.

.Mr. Harrison, of the :2;)th Disttid, Chairman of the Committee on Education, submitted the following report:

Mr. Presideut:
Your Committee on Education has hatl under consideration the following bills of the House and instructed me, as their Chairman, to report same back to the Senate with tlu recommendation that same do pass, to wit.:

THrRsDAY, .reLY '27, 1916.

46:)

A bill to amend an Act to provide for a system of public schools in and for ~-\lbany.
A bill to authorize trustees of Louisville Academy to sell cerfain timber, etc.
A bill to amend an Act to authorize the establishment and maintenance of a s~stem of public schools for Villa Rica.
A bill to authorize and IWJUire the State School Commissioner to pa~ oYer to the ( 'ounty School Commissioner of Barrow ( 'ounty the proportion of common school funds.
Your Committee has further had under consideration the following bill of the Senate and recommend that it do pass, to wit.:
_:\ bill to e:,;tablish and organize a college in the town of Dawsomille, as a branch of the University of Georgia.
R.espectfully submitted, \Y. T. HARRISON, Chrmn.

:Jlr. Goolsby, of '2Hth District, Chairman of the Committee on Counties and Count~ Matters, submitted the following report:

111 r. Presideu t :
Your Committee on Counties and County Matters has had uncler consideration tht> following bills of the House, and instructed me, as their Chairman, to report same back to tht Senate with the recommendation that same do pass, to wit.:

466

JouRNAL OF THE SENATE,

A bill to abolish the office of ('ounty Treasurer of Habersham County.
A bill to require the Ordinary of Habersham County to work county convicts upon at least two streets in each town in the county.
Respectfully submitted, B. E. GooLSBY, Chrmn.

::\Ir. \Vren, of the 18th ])istrict, Chairman of the Committee on Agriculture, :-;ubmitted the following report:

ill r. President: Your Committee on Agriculture has had under
consideration the following hills of the Senate, and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit.:
A bill to amend an Act approved December 20, 1898, in regard to the Department of Horticulture and Pomology.
A bill to require cotton seed meal sold in the State of Georgia, to be branded, according to its grade or quality.
Respectfully submitted, W. J. WREN, Chairman.

The following resolution was read and referred to the Rules Committee, to wit.:

By Mr. BoykinThat Senate Bill No. 327 be made a special and

THrRsDAY, .TrLY 21, 1916.

4(i7

continuous order for r'riday, .July ~8th, immediately after the reading of the .Tonrnal.
House Bill No. ~!10 was on motion of )fr. Stovall recommitted to the ( 'ounties and County )fatters Committee.
:Mr. Lawrence, Vice-Chairman of the Committee on Rules, submitted tlw following report:

Mr. President: Your Committee on Hules ref'ommend that Senate
Bill Xo. 300 he ma(1e a spe<ial and continuing order for Timrsda~, .Tuly ~lth, HIHi.
The report was adopted and the hill made a special order.
The following Senate hill set as a special order, was taken up for a third reading, to wit.:

By :Jlr. AkinA bill to prevent the desecration of any flag or em-
blem of the United States of America.
The hill was tabled.
The following Senate bills were read the first time, to wit.:

By }[r. \Vard, by requestA bill to amend an Act establishing the City Court
of Douglas.
Referred to Special Judiciary Committee.

468

,JouRNAL OF THE SENATE,

By Mr. GoolsbyA bill to amend the ('harter of the town of Hills-
boro.
Referred to the Counties and County :Matters Committee.

By Mr. \Vard, by requestA bill to amend the original ,Act establishing the
Cit}' Court of Douglas.
Referred to Special .Judiciary Committee.

By Messrs. \Yay and AkinA bill to amend Seetion :~t:i36 of the Code of Geor-
gia.
Referred to the Fish and Game Committee.

By Mr. PersonsA bill to amend Section 2587 of Civil Code.
Referred toW. & A. H.. R. Committee.
The following Senate bills were read the second time, to wit.:

By Messrs. ~iangham and Boykin-
A bill to permit the bringing of alcohol into the State of Georgia for the purpose of its use in manufacturing articles of commerce.

By :Mr. BaileyA bill to establish and organize a branch of the
University of Georgia, at Dawsonville, Ga.

'l'HURSDAY, JULY 27, 1916.

469

By "Nir. TurnerA bill to amend an Act in regard to the Depart-
ment of Horticulture and Pomology, approved December 20th, 1898.

By :Nir. 1NrenA bill to require the branding of cotton seed meal.
The following- bills of the House were read the third time, to he put upon their passage, to wit.:

By Mr. CarithersA bill to provide four terms a year of the Superior
Court of Barrow County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
rrhe bill, having received the requisite constitutional majority, was passed.

By l\fr. ReiserA biB to amend an Act to create the City Court of
Springfield.
The report of the committee, which was favorable to the passagP of the bill, 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.

410

Jol:R:KAL OF THE S:KNATI-~,

By ~lessrs. l!,ullbright and HeathA bill to abolish the office of ( 'onnty Treasurer of
Burke County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.

The hill, having received the requisite constitutional majority, was passed.

By l\Ir. King of GreeneA bill to abolish the office of County Treasurer of
Greene County.
The report of the committee, which was favorable to the passage of the bil1, was ag-reed to.
r pon the passage of the bill the ayes were 30,
nays 0.
The bill, having received the requisite constitutional majority, was passed.

By ~lr. SumnerA bill to create the {'ity Court of Sylvester.
The report of the committee, which was faYorable to the passage of the bill, 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.

THURSDAY, JULY 27, 1916.

471

By :Mr. HowardA bill to establish the City Court of Hinesville.
The report of the committee, which was favorable to the passage of the bill, 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. Fowler and AyerA bill to authorize the City of l\Iacon to ratify and
confirm a deed heretofore made to certain parts of Seventh and :Mulberry Streets, in the City of :Macon.
The report of the .committee, which was favorable to the passage of the bill, 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, .Neill and \VohlwenderA bill to amend the charter of the City of Colum-
bus.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitu. tional majority, was passed.

4-72

.JouRNAL OF THE SENATE,

By Mr. RushinA bill to amend the charter of the town of Pine-
hurst.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
r }.lOll the passage of the bill the ayes Were :30,
nays 0.
The bill, having received the requisite constitutional majority, was passed.

By :\1r. GordyA bill to amend the eharter of the town of Cusseta.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
rpon the passage of the bill the ayes were ::30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By ::\lr. BeckA bill to amend the charter of the town of Eton.
The report of the committee, which was favorable to the passage of the bill, was ngreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THnsn.w, JcLY 27, 1916.

473

By 11r. Thompson of )ladisonA bill to amend Section 8 of an Act authorizing the
town of ( 'omer to issue bonds.
The report of the committee, which was favorable to the passage of the bill, 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 ~Jr. :Mathe\TS of DawsonA bill to abolish the Board of Commissioners of
Roads and R<.>venues of Dawson County.
The report of the committee, which was favorable to the passage of the bill, 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 }fr. RichA hill to abolish the office of County ':ereasure~ of
Miller County.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
Upon the passage of the bill the ayes were :30, nays 0.
The bill, hav1ng received the requisite constitutional majority, was passed.

.Tm:RNAL oF THE SENATE,
By .:\Ir. \\.alker of Ben HillA bill to create a eounty depository m and for
Ben Hill ('ounty.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
"Gpon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. BurrussA bill to create a new charter for the l 'ity of Bost-
wick.
The report of the eommittee, which was favorable to the pas~;age of the bill, was agreed to.
"Cpon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By l\lr. KingA bill to amend an Act relating to the creation of
office of Commissioner of Roads and Revenues for the County of Greene.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Cpon the passage of the bill the ayes were 30, nays 0.

TnuwmAY, JuLY :?.7, 1916.

475

'rhe bill, having received the requisite constitutional majority, was passed.

By Mr. Knight of BerrienA bill to repeal the Act creating the City Court of
X ashville.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
"C pon the passage of the bill as amended the ayes were 30, nays 0.
The bill, h<wing received the requisite constitutional majorit~", w-as passed, as amended, and the amendments are as follo\YS, to wit.:
The committee amends as fo11ow-s: Strike out all after the w-ord "county", in 5th line of Section 3, clow-n to and including the word "primary" in 7th line of said section and insert ''at the next general election.''
Also strike out in line 7, beginning with word "for", and do\vn to and including word "Berrien", in line 9 and insert following: ''to be held on the 1st Tuesday in X oYemher next."

B~- .:\Iessrs. Edw-ards and Adams of \YaltonA bill to amend the charter of the City of :Yionroe
in the C'ounty of \Valton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the hill the ayes were 30, nays 0.

476

.TOL"RKAL OF THE S:E:NATE,

The bill, having received the requisite constitutional majority, was passed.

By Messrs. Turner and Hodges of BrooksA bill to abolish the office of ('ounty Treasurer of
Brooks County, Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
l~pon the passage of the bill the a~es were :30, na~s 0.
The bill, haying received the requisite constitutional majority, was passed.

By }fr. Beck of YiurrayA bill to create a Board of Supervisors of Roads,
Bridges and Road Funds for the County of }furray.
'l'he report of the committee, which was favorable to tbP. passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 3'0, nays 0.
The bill, having receind the requisite constitutiona1 majority, \\as passed.

By Mr. Hartley of HoustonA bill to amend, reYise and consolidate the several
Acts incorporating the town of Fort Valley as a city.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.

'fHVRSilAY, ,JULY 27, 1916.

477

The bill, having received the requisite constitutional majority, was passed.

By Mr. Arnold of ClarkeA bill to amend the charter of the City of Athens.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bill, having reeeiw<l the requisite constitutional majority, was passed.

By .:\Ir. Carter of BaronA bill to fix the compensation of the Treasurer of
Baron County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bill, having recei,Ted the requisite constitutional majority, was passed.

By 11r. Gordy of ChattahoocheeA bill to abolish the office of County 1,reasurer of
ChattaJ10ochee County.
The report of the committee, which was favorable to the passage of the bill, wag agreed to.
Upon the passage of the bill the ayes were :30, nays 0.

.JouRNAL OF THE SE~ATE,
The bill, having received the requisite constitutional majority, was passed.
By ~fr. R. L. Carithers of Barrow~\ hill to be entitled an .-\ct to amend an Act to
create a new charter for the town of Statham, Ga. The report of the committee, which was favorable
to the passage of the hill, was agreed to. "Gpon the passage of the hil1 the a~e:;; were 30,
nays 0. The bill, having received the requisite constitu-
tional majority, was passed.
By ~Ir. \Yalker of Ben Hill.\ bill to create six road districts in and for BE"n
Hill County. The report of the committee, which was favorable
to the passage of the hill, was agreed to.
Upon the passage of the hill the ayes were ao,
nays 0.
The bill, having received the requisite constitutional majority, was rmssed.
By ~Ir. Boyett of StewartA bill to provide for a salary of ( 'ounty Treasurer
of Stewart County. The report of the committee, which was favorable
to the passage of the bill, was agreed to. l 'pon the passage of the bill the ayes were :~0,
nays 0.

TmR!:'PAY, .JrLY 21, 1916.

479

The hill, having receind the requisite constitutional majority, was passed.

By :Jfr. Beck of ::HurrayA bill to authorize the Ordinary of Murray County
to take charge of the Treasurer's book and to transact the business of said eounty.
The report of the committee. which was favorable to tl1e passage of the hil1, was agreed to.
Upon the pnssag-P of the bill the ayes were 30, na~vs 0.
The bill, having re(PiYed the requisite constitutional majorit~. was passed.

By :Jfr. :JicCalla of RockdaleA bi1l to authorizP the City of Conyers to issue
bonds.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
rpon thP passag( of the bilJ the ayes were 30, nays 0.
The bill, having receiYed the requisite constitutional majorit~, was passJ>d.

B~ :Jir. Cook of TelfairA hill to repeal an Act to ereate a Commissioner of
Roads and ReYemws for Telfair County.
The report of the committee, whieh was favorable to the passage of the bill, was agreed to.

-1-80

.TocRNAL oF THE SKNAn~,

Gpon the passage of the hill the ayes were 30, na~s 0.
The hill, having received the requisite constitutional majority, was passed.

By }lr. Clarke of }fclntosh..:\ bill to abolish the offire of County Treasurer
of Mcintosh County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the hill the ayes were :30, na~'s 0.
The bill, having received the requisite constitutional majority. was passed.

By ::\I r. Collier of StPphens~\ hill to amencl an ..c\rt !'hartering the town of
:\[artin.
The report of the rommittee, which was favorable to the passage of the hill, was agreed to.
1Tpon the passage of the hill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Cook of TelfairA bill to create the office of Commissioner of
Roads and Revenues for Telfair County.

'l'm:mm.H, .reLY :21, HllG.

481

~[r. \Yard offered the following amendment, to wit.:
Amend Section Two, line two, by striking the name .Tolm Knox and inserting in lieu thereof the name \V. )). Horton.
The amemlment was adopted, and the report of tlw committee, whieh was favorable to the passage of the hill, was a.g;reed to, as amended..
Upon the passage of the bill the ayes were 30, na~n; 0.
The bill, haYing rereived the requisite constitutional majority, was passed as amended.
The following House bill was recommitted to the Committee on Special Judieiary, to wit.:

B~ l\fr. Sloan.:\ hill to amend Section 124-9, Vol. 1 of the Code of
Georgia, uno.
The following House hills were read the second tinw, to wit.:

Hy }! r. PerkinsA hill to require the Ordinary of Habersham Coun-
ty to work at least two streets in each town in said <otmty.

By :VIr. ShortA bill to abolish the office of Treasurer of Ran-
dolph County.

482

Jm:RNAL OF THE SENATE,

By l\fr. DartA bill to change the term of the Commissioners
of Roads and Revenues of Glynn County.

By Mr. PerkinsA bill to abolish the office of ('ounty Treasurer of
Habersham County.

By Mr. CarithersA bill to require the State School Commissioner to
pay to the County School Commissioner of Barrow County certain school funds, under the Act approved August 22, 1905.

By :Jir. PeacockA bill to amend an Act to create a system of pub-
lic schools for the ( 'ity of Albany.

B) Mr. KingTo authorize the trustees of the LouisYille Acad-
em~ to sell certain timber.

By Messrs. Beck and Dorsett of ('anollA bill to amend an Act to create a system of pub-
lic schools for the City of Villa Rica.
The fo1lowing House bills and resolutions were read the first time, to wit.:

By Mr. Andrews of FultonA bill to provide for the creation of the Georgia
State Highway Commission.
Referred to General Judiciary Committee.

'rHVRSDAY, -JeLY 2/, 1916.

483

By Mr. Adams of PikeA bill to amend <in Act to create the City Court of
Zebulon.
Referred to Special .Tudiciary Committee.

By ~lr. Pickeren of CharltonA resolution to furnish Georgia Reports to the
Ordinary and ('lerk of Superior Court of Charlton County.
Heferred to Public Library Committee.

By ~Ir. Arnold of HenryA resolution to pay pension to Mrs. Partheney
}lassey.
Refenecl to .Appropriations Committee.

By Messrs. Blackburn and Andrews of FultonA resolution to furnish Supreme and Court of
..:\.ppeals Reports ~nd Acts of the General Assembly to the County of Fulton.
Heferred to Public Library Committee.

By }Ir. Blackburn of FultonA resolution for the relief of John T. Dargan. Referred to General Judiciary Committee.

By ~Ir. Shannon of Twiggs-
A resolution to furnish the Ordinary and Clerk of Superior Court of Twiggs County a complete set of Georgia Reports, etc.

484

,JorRNAL OF THE SEXATJ<:,

R.efprred to Public Library Committee.

By Mr. Brown of "rlleelerA resolution to furnish wheeler Count~ with cer-
tain Georgia Reports, etc.
Referred to Publie Library Committee.
The following -Senate hill "-as laid on the table, to wit.:

By ){r. \YalkerA bill to authorize the prompt payn1E'nt of pen-
sions, etc.
The following hills of tlw Senate were taken up for a third rea<ling, to be put upon their passage, to wit.:

By Mr. DobbsA hill to amend an Act creating a Board of
Lights an<l \Vater \Yorks for the G'ity of )larietta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were :30, nays 0.
The bill, having rpceived the requisite con:-;titutional majority, was passed.

By lVfr. BucllananA bill to abolish the office of County Treasurer of
J!Jarly County.

THLTRSDAY, .JULY 27, 191().

4H:j

The report of the connnittee, which was favorable to the passage of the bill, was agreed to.

Upon the passage of the bill the ayes were 30, nays 0.
The hill, haYing reeeived the requisite constitutional majority, vas passed..

By .Jlr. }1'letcherA bill to amend the charter of the City of Jackson.
ThP report of the committee, which was favorable to the passage of the bill, was agreed to.
r pon the passage of the bill the ayes were 3'0,
nays 0.
The hill, having received the requisite constitutional majority, was passed.

By .Jir. BonnerA hill to extend the houndary.line of .Jlt. -\.ir~.
'l'he report of the couunittee, which was favorable to the passage of thE:> bill hy substitute, was agreed to.
rpon thE:> passage of the bill by substitute, the
ayE:>s were :w, nays 0.
The hi 11, having received the requisite constitutional majority, was passed by substitute.
The substitute iH as follows, to wit.:

486

J OUR~AL OF THE SENATE,

A BILL
To be entitled an Act to extend the boundary line of .J:It. Airy, Georgia, and define the limits thereof; fix the time of residence for the voters of said to"~n, and to fix the rate of taxation to be levied and collected within the town of Mt. Airy, Ga.
SEcTIOX 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act, the incorporate limits of said town, shall be three-quarters of a mile in every direction from an iron pin at the southwest corner of the new depot of the Southern Railway Company, in said tov:n, except between the town of ::\ft. Airy, Georgia, and the town of Cornelia, Georgia, and at this point it shall extend to the incorporate limits of the town of Cornelia.
SEc. ~. Be it further enacted by the authority aforesaid, That qualified voters, authorized to vote for members of the General Assembly of said eounty, shall be eligible to vote in all town elections, upon a bona fide residence of said town for ten days before the election.
SEc. 3. Be it further enacted by the authority aforesaid, That the Mayor and Council may levy and collect a tax upon all real and personal property in said to\vn taxable under the State law, that they may proYicle for the assessment of the value thereof; and for the eollection of said tax, but that they shall not collect a tax more than one dollar on one hundred

THrRSDAY, .TrLY 21, 1916.

487

dollars ,-aluation of property. If the ~Iayor and Couu<'il desire to ]e,~ a higher rate of taxation th0y sl~all submit the ~ame to registered voters of the to"n, stating what rate is wanted and for what purpose; and if two-thirds of the registered voters vote for said rate the ~Iayor and Council shall have pcmN to levy and collect the same.
Sr:c. 4. Be it fmther enacted by the authority aforesaid, That the provisions of the bill shall operate as an amendment to the charter of said town, and become a part thereof and hereb~ repealing all parts of said charter in couflid with the provisions of this bill.

B~ ~lessrs. ~lcLangltlin and Burnside-
A bill to require the approval by the Railroad Commission of this State of the construction or operation of duplicate public utilities.

The report of thP committee, which was favorable to the passage of the bill, was agreed to. Pending a votP upon the passage of the bill, :Jir. Pickett of 41st llistrict, moved to table the bill.

rpon this motion tlw ayes and nays were ordered.

The vote was as follows:

-Those voting in the affirmative were Messrs.-

Burnside, J. B. Callahan, J. W. Dobbs, E. P. Gillis, N. L. Haralson. Pat Hol<lPn, .Tno. F.

:\linter, C. C. :\fnn!l. E. T. :\IcCrory. C. R. :\IeLaughlin, B. F. Paulk, Geo. A. P:mlk, )J. .T.

Pickett, D. C. Pickett, Roscoe .Smith, E. M. Tison, :\Iark Tmmmell, J. R. Walker. J. D.

488

.JouRNAL o~ THJ<j SENATE,

Those Yoting in the negative were .Messrs.-

Akin, L. H. Bailey, L. S. Boykin, H. A. LakPs, W. J. Fagan, T.V. Fletcher, H. M.

(;,)()IsiJy, H. F. Harrison, 'W. T. :'lf<"F~trlaiHl, J. H. Pe~Wock, Z. V. Rtmall. A. S .T.

'Traey, ( i. C. Turner, T. R. Ward, C. A. Way, J. R. Wren, W. J.

Those not Yoting were Messrs.-

Adams, ,J. 0. Bonner, T. B. Buehanan, \V. A.

Carlton, .T. A. Harbin, T. W. Lawren<"e, A. A.

:\Iangham, ,J. .T. Ransom, \V. :.Yf. 'l'homas, .T. R.

Ayes 18, nays 16.

The hill was tabled.

upon motion, the Senate adjourned until to11 row morning at 10 o'clock.

!<'HIDAY, JeLY ~~' 191().

489

SE!~:ATE CHAMBER, ATLANTA, GA.
Frida~-.July ~8, 1916.
The Nenate met punmant to adjournment at 10 o'clock A. ~I., and wits called to order by the President.
Pray<'r "-as offPrNl b~ the Chaplain. Hy unanimous consent the call of the roll wa~ dispensed with. B~ unanimous col! sent the reading of tlw .Journal of y<stenla~- 's prot<Pdings was dispensed with. ~lr. La wren<'e of the 1st District, Vice-Chairman of tlw CommithP on Rules, submittPd the following report:
Mr. President: Your CommittPP on Hules has had under consider-
ation tht> following resolution, which they recomnwnd do pass, to-wit.:
..\ resolution to set Senate Bill Ko. 327 as a special and eontinuing order for Friday, July :!8th, nnmedia te ly nft<r tlw reading of the .Journal.
Hespectfully submitted, L.H\'RENCE, \rice-Chairman.
'J'lw report wm; adopted and the bill was set as a spe<'ial order.
}Jr. \Vard of tlw .)t h District, Acting Chairman of the Committee on Engrossing, submitted the fo1lowing report:

490

JouRNAL OF THE SENATE,

Mr. P'resident: Your Committee on Engrossing has examined and
found properly engrossed and ready for transmis-
sion to the House the following bills, to-wit.:
.A. bill to extend the boundary line of :Jfount Airy.
A bill to abolish the office of Treasurer of Early County.
A bill to amend an Act creating a Board of Lights and 1Nater Works for the city of Marietta.
A bill to amend the charter of the city of Jackson. Respectfully submitted, C. A. \VARD, Acting Chairman.

Mr. Goolsby of the 28th District, Chairman of the Committee on Counties and County :Matters, submitted the following report:

Mr. President: Your Committee on Counties and County :liatters
has had under consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pasS', to-wit.:
A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for Polk County.
A bill to fix the salary of the Treasurer of Marion County.
A bill to amend an Act to establish a Board of County Commissioners for Bibb County.

FRIDAYJrLY :28, 1916.

491

A bill to amend an Act to create the office of Commissioner of Roads and Revenues for Irwin County.
A hill to amend an Act creating the office of Commissioner of Roads and Revenues of Madison County.
A hill to amend an Act to establish office of County Treasurer in .Je:fferson County.
_-\_ bill to abolish the offi<!e of County Treasurer of Jackson County.
A bill to amend an Act approved December 13, 1811, as amended by the Ad approYed February :20, 1813, with reference to County Commissioners of Jefferson County.
A hill to fix the salary of the Treasurer of Lee County.
A hill to create a Board of Commissioners of Rewnu~s and an office of Commissioner of Roads and Bridges in and for Polk County.
Your counuitte< has further had under consideration tlt<> foll~wing hill of the Senate and return it with a r<>rommendation that same do pasR, to-wit.:
A bill to amend an Act to incorporate the town of Hillsboro, Georgia.
Respectfully submitted, B. E. GooLSBY, Chairman.

l\'fr. :Moon of the 31th District, Chairman of the Committee on Ge>neral ,Judiciary, submitted the following report :

JouRNAL o~ THE SENATJ<~,
Mr. President : Your Committee on General Judiciary has had
under consideration the following bills of the Senate and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to create a State Board of Electrical Examiners.
A bill to define the duties of the Keeper of Puhlic Building-s and Grounds.
'he committee has had under consideration the following resolution of the House, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit.:
A resolution authorizing the Governor to take steps in settling boundary disputes between counties of this and other States.
The committee has also had under consideration the following bill of the House, which I am instructed to report back to the Senate with the reeommendation that the same do pasH, to-wit.:
A bill to amend Section 49it2, Yo lume 1, of the Code of Georgia, adopted August 5, HH 0, so as to permit females to practice law.
Respeetfully submitted,
K 'r. ~rooN, Chairman.
The following minority report was submitted from the General ,Judiciary Committee, to-wit.:

FRmAY, JuLY 28, 1916.

493

1Vfr. President:
House Bill 79.
'vVe, the undersigned, members of the Senate Judiciary Committee, beg leave herewith to submit this, a minority to the action of the Judiciary Committee m reporting favorably House Bill No. 79, known as """Woman Lawyer Bill."
Respectfully submitted, .T. 0. ADAMS, E. M. SMITH, MARK TrsoN, H. :M. FLETCHER, 26th Dist.,
PAT HARALSON.
Mr. Adams of the 33rd District, Chairman of the Committee on Special .Tudiciar~y, submitted the following report:

ML President: Your Committee on Special Judiciary has had
under consideration the following hill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend an Act to create and establish the City Comt of Zebulon.
Respectfully submitted, .T. 0. ADAMS, Chairman.

Mr. Peacock of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

4!-'14

.TorRNAL OF THE SExATE,

Mr. President: Your Committee on Corporations has bad under
consideration the following bill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit. :
A bill to incorporate the town of FullerYille, Ga. Respectfully submitted, PEACOCK, Chairman.

l\Ir. Adams of the 33rd District, Chairman of the Committee on Special Judiciary, submitted the following report :

J.llr. President: Your Committee on Special J udiciar~ has had
under consideration the following bill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass as amended, to-wit.:
A bill to amend an Act approved August 19, 1911, to establish the City Court of Jefferson, in and for the county of Jefferson.
Respectfully submitted, .J. 0. ADAMS, Chairman.

The following House bill was recommitted to the Committee on Counties and County ::\fatters, to-wit.:

By Mr. DartA bill to change the term of Commissioners of
Roads and Revenues of Glynn County.

J<'RIDAY, JULY 28, 1916.

495

The following bill of the House was taken up for a third reading to be put upon its passage, to-wit.:

By Mr. Brooks of MaconA bill to :fi.-x: the compensation of the County Treas-
urer of Macon County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitu- tional majority, was passed.
The following Senate bills were read the first time, to-wit.:

By Mr. PersonsA bill to make it a crime to steal gas.
Referred to General Judiciary Committee.

By Mr. MinterA bill to amend Section 3306 of the Code of 1910. Referred to General Judiciary Committee.
By Mr. LawrenceA bill to prescribe the number of judges of the
Court of Appeals.
Referred to General Judiciary Committee.

By Mr. DobbsA bill to amend the charter of the city of Marietta.

496

JovRxAL OF THE SENATE,

Referred to Corporations Committee.

By l\lr. \ValkerA bill to create a Warehouse Commission for the
State of Georgia.
Referred to Agriculture C'ommittf~e.

The following Senate hill, whieh was made a speeial order, was taken up for a third reading, to-wit.:

By J\lr. TurnerA bill to amend an Act of the General ~\ssembly
in regard to the Dt>partment of Hortieulture and Pomology, approYed December :W, 1H9H, amendatory of Aet approved Df:'rember 21, 189/, and all Acts amenda tor~ thereof.
TlH~ report of the eommittee, v.hich was favorable to the passage of the hill, was agTPed to.
l:pon the passage of the hill the ayes were :29, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senate Bill .No. :-3:2/ was ordered immediately transmitted to the House.
The following Senate bill was read the !-'l~t'ollll time and recommitted to the Western & Atlantic Railroad Committee, to-wit.:

By :Mr. PersonsA bill to amend Section :2581 of the Civil Code.
The following House hill was read tlw second time

l<'RlJ)AY, ,)t;LY ~8, HH6.

497

and reeommitted to the Committee on Banks and Banking, to-wit.:

By Mr. Rushin'l'o amend Section l:Z49 of Yolume 1 of the Code
of HHO, so as to add Vienna to the list of State depositories.
The following re~oluti01i wa:-; read and adopted, to-wit.:
A RESOLCTIOX.
By .:\lr. Smith of the 3-th DistrictBy l\Ir. .:\Langham of the 38th DistrictBy .Mr. Burnside of the 29th District-
"WHEREAs, Our esteemed colleague, Senator \V. 1L Hansom of the 4:2nd District, is confined to his home by reason of his illness, which has continued practically from the beginning of the present session to thi~ time, and
\VHEREAs, 1'he lack of his counsel is a distinct loss to the deliberations of this body; and his genial companionship has been sorely missed in the social intercourse between tlw members of this Senate; therefore
BE IT REsOLVED, That we extend to Senator Ransom our heart-felt sympathy in this time of hi:-: affliction and wish for him a speedy recovery and r<>turn to his duties and fellowship amongst us.
RRsOLVED, Further, That the Secretary be requested to mail to Senator Ransom a copy of this resolution.

498

JouRNAL OF THE SENATE,

The following message was received from th~ House, through J\fr. Boifeuillet, the Clerk thereof:

Mr. President : The House has passed by the requisite constitu-
tional majority, the fo1lowing bills of the House, towit.:
A bill to establish the City Court of Swainsboro.
A bill to repeal the charter of town of West Green.
A bill to amend an ~\ct establishing City Court of Hazlehurst.
A bill to amend an Act establishing City Court of Griffin.
A.. bill to amend an Act establishing City Court of Sandersville.
A bill to repeal an Act establishing City Court of Washington.
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 fol1owing joint reS'olutions of the House, to-wit. :
A resolution to pay Charles W. Crankshaw for silver service.
A resolution to pay pension of Mrs. Lidia A. Reagin.

FRIDAY, .Tn;y 28, 1!H6.

499

A resolution to pay pension to Mrs. Fanny J. Abernat.ba.
A resolution for the relief ofT. A. Baldwin.
A resolution for the relief of J. H. Young.
A resolution for the relief of I. L. Lard.
A resolution to appropriate thirty-three thousand dollars to pay pension roll.
A resolution for relief of Agnes Clyde and J. C. Carter.
::\fr. Lawrence of the 1st District, Vice-Chairman of the Committee on Rules, submitted the following report:

Mr. President: Your Committee on Hules recommend that House
Bill No. 709 be made a special order immediately. Respectfully submitted, LA''"RENeE, Vice-Chairman.
The report was adopted and the bill made a special order.
The following House bill, being a special order,
was taken up for a third reading, to be put upon its
passage, to-wit.:

By Messrs. Arnold of Clarke, Brown of Clarke and Bale of Floyd-
A bill to amend Paragraph 1, Sectipn 13, Article 6 of the Constitution of Georgia, as refers to certain judges of the superior court.

500

JouRNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.

Upon the passage of the bill by substitute, as amended, the ayes_ and nays were ordered and the vote was as follows, to-wit.:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Hailey, L. S. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Fletcher, H. M. Gillis, N. L. Goolsby, B. F.

Haral!'nn, Pat Hnrrison, W. T. Lawrence, A. A. :\Iangham, J. J. :\lintPr, C. C. :\fonn, 1~- 1'. )fcCrory, C. R. :\IeFarlantl, J. R. :\fcLaughlin, B. F. Paulk. :\f. .J. Pickett, D. C

Pieh>tt, Rosco"l Smith, E. M. Stovall, A. S. J. Tison, Mark T!-:Hy, f'. (',
Trammell, J. R. Turn~r, T. R. Ward, C. A. Walker, ,J. D. W~y. J. B. Wren, W .T.

Those not voting were Messrs.-

Bonner, T. B. Cllrlton, .T. A. Eakes, W. J.

Harbin, T. W. Holrlen, .Tno. F. Paulk, Geo. .-\_

Peacock, Z. V. Ransom, W. :\I. Thomas, J. R.

Ayes 34, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute as amended. The hill is as follows, to-wit.:

Senate Committee on Constitutional Amendments Substitutes for House Bill No. 709.

A BILL
To be entitled an Act to amend Paragraph 1, of Section 13, of Article 6, of the Constitution of the State of Georgia, regulating the salaries of the

~,RIDAY, JULY 28, 1916.

501

Judges of the Supreme and Superior Courts by providing for the payment from the county treasury of Clarke County to the Judge of the Superior ('ourts of the 'Nestern Circuit, of which said county is a part, of additional compensation, and by providing for the payment from the county treasury of Floyd County to the Judge of the Superior Courts of the Rome Circuit, of which said County of Floyd is a part, of additional compensation, and by providing for the payment from the county treasury of Sumter County to the .Judge of the Superior Courts of the Southwestern Circuit, of which said county of Rumter is a part, of additional compensation, and by p_roviding for the payment from the county treasury of :Muscogee County to the Judge of the Superior Courts of the Chattahooehee Cireuit, of which said County of :J!Iuscogee is a part, of arlditional compensation, and for other purposes.
SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That Paragraph 1 of Section 13 of ~-\.rticle 6 of the Constitution of the State of Georgia, as amended by the Act of the General Assembly, approved August 3, 1910, and duly ratified by the people according to law, be and the same is hereby amended by inserting the words ''Clarke, Floyd, Sumter, :Muscogee" in the proviso contained in said amendment between the words ''the counties of" and the word "Bibb," so that said proviso so amended by this amendment shall read as follows :

50~

J orR:KAI, OF THE SENATE,

"Provided, ho\vever, that the counties of Clarke, Floyd, l::lumter, l\luscogee, Bibb, Chatham, Pulton 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 :3Iountain Circuit, or the judgc of snch other circuit as may hereafter be required to regularly preside therein for additional services rc'nderell in the Superior Court of Fulton County, :;uch snms as will, with the salaries paid each judge from the State Treasury, make a salary of $5,000.00 per annum to each judge; and said payments are declared to be a part of the court expenses of such counties, such payment to he made to the judges now in office as well as their successors.
SEc. 2. Be it further e11acted by the authority aforesaid, That if this constitutional amendment shall be agreed to by two-thirds of the members of the General Assembly of each House, the same shall 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 tickets "For ratification of amendment to Paragraph 1, Section 13, Article G of the C'onstitution'' (providing for additional compensation of the Superior Court Judges in Clarke, Floyd, Sumter and 1\fuscogee Superior Courts) or "Against ratification of amendment to Paragraph 1, Section 13, Article 6 of the Constitution" (against

.F'RIDAY, JULY 28, 1916.

503

providing additional compensation for the Superior Court Judges in Clarke, Floyd, Sumter and 1\Iuscogee Superior Courts) as they may choose, and if a majority of the electors qualified to vote. for members of the next General Assembly voting, 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.
SEc. 3. Be it further enacted by the authority aforesaid, That the City Court of Americus shall not be abolished, nor shall the salaries of the officers thereof be increased or diminished prior to January 1, 1921.
SEc. 4. 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.

The following Senate bills were read the second time, to-wit.:

By Mr. BoykinA-bill to define the duties of the Keeper of Public
Buildings and Grounds.

By Mr. GoolsbyA bill to amend an Act to incorporate the town
of Hillsboro.

By Mr. DobbsA bill to create a State Board of Electrical Ex-
aminers.

504

Jm:RKAL OF THE SENATE,

By :\lessrs. Turner, Holden and BoykinA bill to repeal r:-;ections :-34:-38 and ::l-1--1-:2 of the
Code of 1910.
'l'he following bills and resolution of the House were read the second time, to-wit.:

By :\[r. Ledbetter-
A bill to create a Board of Commissioners of HPYPnues and an otfeie of Commissioner of Hoads and Bridges for Polk County.

By Mr. KingA bill to abolish the office of ( 'ounty Trensurer of
.Tetferson County.

By Mr. CooperA bill to amend Section -1-932, Volume 1, of the
Code of 1910.

By :\fr. KingA bill to amend an Act to establish the City Court
of Louisville.

By :\ir. :\foore of Heard-
A resolution authorizing the Governor to take steps in settling buundary disputes betwten <oun. ties of this and other States.

By :\fr. LunsfordA bill to fix the salary of the Treasurer nf Lee
County.

, f<'RIIl.\Y, JULY 28, ]916.

505

By ~Iessrs. Allen and StarkA bill to abolish the office of Treasurer of Jackson
County.

By Mr. AdamsA bill to amend an Act to create the City Court
of Zebulon.

By Mr. Dorsett..:-\ bill to incorporate the town of Fullerville.

By .Mr. KingA bill to amend an Act approved December 13,
lH71, with reference to County Commissioners of Jefferson County.

By :\lr. ThompsonA bill to amend an Act ereating the of-lice of Com-
miRsimwr of Roads and Revenues of :\Iadison County.

By :\lr. ClementsA bill to amend an Act to create the office of Com-
missioner of Roads and Revenues for the county of Irwin.

By .Mr. :F'owler of BibbA bill to amend an Act to establish a County
Board of Commissioners for Bibb County.

By ~Ir. Ledbetter of PolkA bill to repeal an Act to create a Board of Com-
missioners of Roads and Revenues for Polk County.

506

JorRNAL oF THE SENATE,

By Mr. HoggA bill to fix the salary of the Treasurer of :Marion
County.
The following resolution was read and' adopted, to-wit.:

By Mr. \YayThat when the Senate adjourns today that it stand
adjourned until :Monday at 11 o'clock A.M.
Mr. Haralson of the 40th District, Vice-Chairman of the Committee on Engrossing, submitted the follo,,ing report:

.Mr. President: Your Committee on Engrossing has examined
and found properly engrossed and ready for transmission to the House the following bill, to-wit.:
A bill to amend an Act approved December 20, 1898, in regard to the Department of Horticulture and Pomology.
Respectfully submitted, HARALSO~, Vice-Chairman.
'fhe following Senate bill was taken up for a third reading to be put upon its passage, to-wit.:

By ::Mr. PersonsA bill to amend Section 1003 of Civil Code, rela-
tive to return of property for taxation.
l\fr. Pickett of the 11th District moved to table the bill. Upon this motion the ayes and nays were ordered and the vote was as follows, to-wit.:

FRIDAY, JuLY 28, 1916.

507

Those Yoting in the affirmative were .Messrs.-

Bailey, L. S. Boykin, H. A. Burnside, J. B. Callahan, J. \\'. Carlton, J. A. Dobbs, E. P. Fagan, T.V.

Uilli~. N. L. Goolsby, B. F. Haralson, Pat Harrison, W. T. ~Iinter, C. C. :\loon, E. T. ~[cLaughlin, B. F.

Pickett, D. C. Smith, E. 1\f. Tison, Mark '.tracy. C. C. Turner, T. R. Walker, J. D. Way, J. B.

Those Yoting in the negative were Messrs.-

Adams, J. 0. Akin, L. R. Fletcher, H. M. ~f:>ngham, J. J. ::'vicCrory, C. R.

~IcFarland, J. R. Paulk, Geo. A. Paulk, :M:. J. Peacock, Z. V. Pickett, Roscoe

Stovall, A. S. J. Trammell, J. R. Ward, C. A.

Those not Yoting were Messrs.-

Bonner, T. B. Buchanan, \Y. A. Eakes, W. J.

llarbin, T. Vv.
lfolclen, .Jno. F. Lawrence, A. A.

Ransom, W. :\f.
Thomas, .r. R.
Wren, W. J

Ayes 21, nays 13.

The motion to table was adopted.

Upon motion of Mr. McLaughlin the Senate adjourned until Monday, July 31, 1916, at 11 o'clock a.m.

;)08

JorRNAL oF THE SENATE,

SENATE t'HAMIH:R, ATLANTA, GA.,
:\Ionday, .July :31, HH6.
The Senat<> met pursuant to adjournment at 11
o'clock, ..:\. ~!., and was calle<l to order by the Pres-
id<>nt.
Pra~pr \\"a:-; offered hy the ('hap lain.
B~ unanimous consent the <'all of the roll was dispensed with.
B~ unanimous eonsent the reading of the J ournal of r'rida~'s procee<lings was disp('nsecl with.
An imitation was rPad from Hon. ( '. J. Iladen, Pr('siclent of the Georgia ( 'hamber of Commerce, re<JUC'sting the tSenate to he present and hear the address of Hon. Herbert -:\lyri<'k on the ''Federal Farm Loan Act", at the Atlanta Chamber of Commerce tonight at 8 o'clock.
The imitation was, on motion, accepted.
:\1 r. Burnside, of the ~9th District, ( 'hairman of th<> ( 'ommittee on Pensions, submitted the following report:
Mr. President: Your ( 'onunitt('e on Pensions has ha<l under con-
sid<>ration the following bill of the Senate, and instrnete<l me, as their ( 'hainmm, to report same back to the Senate with the reC'omnwndation that same do pass:

\!OXPAY, ,JrLY i31, 1916.

. 50!)

Senate Bill Ko. :n:3. By :VIr. Walk<"r of the :20th
])istrid, and by ~'I r. Pickett of the 11th District:

A BILL
To be entitled an Aet to repeal an Act of the General Assembl.' approved ~-\ugust 17, 1914, on page
1a!I of th<" Georg-ia La"-s of Hn -t., X o. 506, providing
for the payment of the fees no\Y fixed by la\v for the Ordinaries of the State in connection with the pension work, and for other purposes.
This .July i31 1 1!11(). RPspe<'tfull~ su hmitted, BuRxsiDE, Chainnan.
\1r. J>paeo<'k, of the 14th Dishid, Chairman of the Committee on ( 'orporations, submitted the following report:

Mr. President: Your Committee on ( 'orporations has had under
<onsi<leration the follo\Ying hills of the House and instructed me, as their l "hairman, to report same haek to tl!<' S<nat<, with tlJ<' re<ommen<lation that snnw do pass, to \\it.:
.A hill to i1worporat<> the Cit~- of Pearson, in the County of CoffP<>.
.A hill to aHH'nd the eharter of the ( 'ity of Atlanta.
Your Committee has also had under consideration the following bill of the Senate, which I am instrueted to report baek to the ~enate, with the recommendation that the same do pass, to wit.:

510

Jot:RNAL OF THE SENATE,

.A bill to amend the charter 9f the City of }[ariett.a.
Your cotilmittee has also had under consideration the following bill of the House, which I am instructed to report back to the Senate with the recommendation that the same do not pass, to wit.:
A bill to repeal an Act creating the City Court of :\Iillen County.
Respectfully submitted, PEACOCK, Chairman.
::\Ir. Turner, of the :21st District, Chairman of the Committee on Banks and Banking, submitted the following report:

111.r. President: Your Committee on Banks and Banking has had
under consideration the following bill of the House, and instructed me, as their ( 'hairman, to report same back to the Senate with the recommendation that same do pass, to wit. :
A bill to amend Section 1249 of Vol. 1 of the Code of 1910, relative to selection hy Governor of State Depository.
Respectfully submitted, TuRNER, Chairman.
}fr. Haralson, of 40th District, Vice-Chairman of the Committee on Counties and ( 'ounty Matters, submitted the following report:
;l'/r. President: Your Committee on Counties and ( 'om1ty ~Tatters
has had under consideration the following bill of the

~foxn.n:, .h'LY 31, 1916.

511

House, and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit.:
A bill to abolish the office of County Treasurer of Dooly County.
RespectfuUy submitted, HARALSON", Yice-Chairman.

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

Mr. President: The House bas passed by the requisite constitu-
tional majority, the following bill of the Senate, to wit.:
A bill to provide for a system of public schools of Yatesville.
Tl1e following messag(' was received from the House, through J'Ir. Boifenillet, the Clerk thereof:

Jlr. Prrsid('nf:
Tlw 1f ons( hm; pass('(l by the requisite ronstitutional majority the following hills 'of the House, to wit.:
.A hill to amend an Aet cl'eating Board of Commis!"ionc>rs of Roads and Revenues for the County of Candler.
A bill to abolish the offiee of County Treasurer for Candler County.

31~

.T OURNAIJ OF THE SEN AT!;,

:\1 r. ~Walker, Chairman of the Special Committee to inquire into the financial condition of the State, submitted the following report, to wit.:

To the Geneml Il.-;,c.;em!Jly:
TIH' .Joint ( 'ommittee of the House and Senate appointed under SPnatP H<>solution Xo. 9;), pa~sed J ul~- :21, l !ll (i, to consider the state of the finances of tlw Stat<> and report hack where tlw fund~ were <oming from with whieh to nJPd inrreasPd appropriations, if made at this se~sion, heg leaY<> to suhmit the follmYing, Yiz.:
1. In our opinion an~ appropriation mad<> h~- this Gc>neral Assembl~- will he in excess of the ineonw of th<> State and "ould tltereforP lw an iwnasP in thP pn's<>nt deficit.
:2. There are no unpaid outstanding 191;) wanants of thP State, nor any 1!11;) appropriations unpaid, hut then' remain<~d of th<> appropriations for 1!ll ;j, unpaid .Tmmar~- 1st, 191G, tlw sum of $:2,:2;)7,:~fi7.7:L
:L The ( 1omptroller-G<'llPral 's rr>port shows that if there are no ap]lropriations made at this sPssion of th<> Legislature that tlwn \Yill he a deficit at thP end of 191 G of $:20G,OOO for th<> year, provirlPd tlwre is no deerease in th<' imome of the State for 19Hi' as eompared with 1!)1;), and with a tax rate for 1!11(i of 5 mills, as <ompand with 4.80 for 191;). (Th<> ineonw of the State has lwen lessc>ned about two lnm(lred thousand dollars hy thP .\ct of tlw LPp;islatun' last Novemher).
-1-. We believe that $100,000 of the estimated deficit

:\Ioxo.w, .JuLY :~1, 1!>16.

513

will he made up by January 1, 1917, in an increased income from Inheritance Taxes, and increased taxable values, so that the State will only be behind about $100,000 for th{' year 1916, should no additional appropriations he ma<le.
5. 'l'he Legislature last November made the larg-est appro}Jriations in the history of the State, $6,500,000 for 1916, and about the same for 1917; of which more than four million annually was for public schools, high schools, colleges and pensions, but these appropriations were for maintenance purposes only.
(), \Vp are now asked to appropriate the followmg sums:
Htat<> Sanatarium, for needed huildings, $200,000; one-half pa~ahle .Tammn' 1, 1917, nndother later.
State ~ormal Rchool, for needed buildings, $100,000; one-half payable .Tan. 1, HH7, and other later.
G. K. & I. ( 'ollege, for needed buildings; $50,000; one-half pa~'ahle .Jan. 1, 1917, and other later.
Yaldosta Coll<gp, for nePded huildings, $50,000; one-half payable .Tan. 1, l!H7, and other later.
Ga. Training Sd10ol for Girls, needed building, $12,500.
Fifth District Agr. Srhool, for needed buildings, $8,000.
Deficienry in pension fund, $33,000. }faking a total of approximately $450,000 which is to be used in providing needed increased facilities, except the pension appropriations, and which will be represented h~' buildings belonging to Georgia. In addition to this sum, we are called upon for ap-

514

.TorRXAL or THE SF.SATE,

proximately $50,000 more to include $:2G,OOO for

Park's Code of Georgia Laws, which our people are

the beneficiaries of, and sundry deficiency 1wedi:i.

If these appropriations are made they will adll to

the }H'eseut deficieney of $100,000, making the total

deficiency for l!Jl() on January ] , Hill, approxi-

mately $400,000 unless tlw income of the ~tate is

greatly increased during l !IHi and 1!117 h~ tax in-

<ome legi::;lation or otherwise.

In addition to the al?OYe "e are asked to appro-

priate $35,000 to pay the Ordinaries of Georgia for

handling pension papt>rs for 191;) and l!HG, and there

"e may be other minor requests made during; the re-

maining days of this Htssion.

are also notifit>d

that the Pension Departnwnt \Yill need about $:2:2:i,-

OOO more in 1917, due to increaseu pension nppli<a-

tions.

Your committee presents these figures and calls

your attention to same ~n order that you may have

a eiPat' understanding of the financial situation of

Georgia at this time, and we might add that as all

appropriations, unless otherwise specified, are of

the same dignity and must be paid when tlw funds

are in the Treasury, that uny sum approprintPd h~

this Legislatun' will come ahead of 1!)}(-:) appropria-

tions made last November for maintenance purposes,

if pn,sented when due for payment before thosl' a!-

read~' made have been paid, should there lw no con-

dition imposed fixing the preC'edence or the order

of payment.

The Constitution tnovi<les for a rate of tax not in

eX('PSS of 5 mills or $5.00 per thousand ng-ardl<>ss

~f o:mAY, ,Jr:LY :H, 1!)](i.

515

of how much may be appropriated, and if 5 mills tax does not yield sufficient income, then appropriations in ex<ess of the income at this rate would be unprovided for.
Georgia is a rich State, and she ought to be able to easily tah care of all her institutions, for while her income is limited as shown, Georgia has assets in ex<'ess of her liahilities of approximately $2:~,000,000, as follows:

\\'. & .A. H. R. (Pstimated) _________ $20,000,000.00 Lands, huildings & ecruip. (estim.)____ ~),442,893.75 Sto<'kH and honds___________________ 59,360.00

Total n'sour<<>s ______________$29,502,253.75

Liabilities.
Bon<le<l t!Pht _________$ li,l28,000 Land seript fulHL ___ _ D0,90:!

$ 6,218,902.00

Net surplus ________________________$23,28:3,351.75

}<'rom this should he deducted the two million dollars, approximately, now being carrieJ over from year to ~ear as a floating indebtedness.
l f the State of Georgia had an improved system for operating its affairs and all leaks were stopped, "hich is no" impossible, because of lack of system, we hclieYe that Georgia would have much more each year to use for the development of her institutions and that instead of exeeetling the State income, and kPPping tlw tax rnte ut 5 mills, it would he possible

516

JoeRNAL OF THE SENATE,

to gradually reduce the rate of taxation to keep within her income, and still make ampl<' Jnoviswn for her various needs.
Respeetfully submitted, .J. D. \VALI{EH, { 'hairman.

l~pon motion ~-mo eopies of the report of the joint committee on the finanf'ial condition of the State wer(' ordered printed for use of Senate nnd House.
The following resolutions "en re~Hl a111l referred to the Rules ( 'ommittee, to wit.:

By .Jir. Boykin.:\. resolution to make Senate Bill Xo. ~4!i a special
and continuous order immediately following Senate Bill .No. ~47.

By .Jir. CarltonA resolution to make SPnatP Bill Xo. ~7:) a special
and continuous order for August 2d, immediate]~ after the reading of the .Journal.
The following House hills and resolutions were read the first time, to wit.:

By illr. Dart of GlynnA resolution to appropriate thirty-tlnep thousand
dollarH to eomplete payment of pension rolls.
Referred to Appropriations Committee.

By l\lr. Griffin of LowndesA resolution for tbe relief of .T. H. Young.

MoNDAY, .JuLY 31, 1916.

517

R.eferred to Spec~ial .Jucliciary Committee.

By ~lr. Young of TiftA resolution for tlw relief of I. L. ],orcl.
HeferrPd to Hpe<'ial .Judiciary Committee.

By ~lessrs. Wheatley an<l Sheppard of SmnterA. resolution for the relief of Agnes Clyde and J.
( '. ( 'arter from penalt.' of a forfeited recognizance.
Referred to Special .Judiciary Committee.

By ~lessrs. Smith and Steele of DeKalbA resolution to pay the pension of ~Ir". Lidia A.
Reagin.
Referred to Appropriations ( 'ommittee.

By ~lr. ~-\mold of HenryA resolution to pay pension to Mrs. Fannie .J.
Abernatha of Henry County.
Hefened to .Appropriations ( 'ommittee.

By ~lr. Ledbetter of Polk..:\ resolution for the relief of T. A. Baldwin and
the ( 'atoosa Springs Company.
Referred to Special Judiciary Committee.

By ~Ir. ('onnor of Spalding-
A joint resolution to pay off balance to ( 'harles vV.
Crankshaw for silvPr service.
Referred to Appropriations ( 'ommittee.

518

JoeR"'AL OF THE SENATE,

B:- ::\Ir. Stewart of Coffee-
~\ bill to repeal an Act to incorporate the town of
\\'est Green, Coffee County.
HefenPrl to Corporations Committee.

By ::\Ir. l\Ioore of .Jeff Davis~\ bill to amend an Act to establish the Cit~ l 'ourt
of H azlehmst, .Teff Davis Count~.
Heferrecl to Special Judiciary Committee.

B:- ::\lr. ( 'onnor of SpaldingA bill to amend an Act ereating the City Court of
Griffin.
Referred to Special J mliciary Committee.

B:- ::\Iessrs. Taylor al}(l Harris of Washington~\ hill to amend the Act to create the CityCourt of
Sanclen;yilJe.
Referred to Special .Judiciary Committee.

By ::\Iessrs. Green and Anderson of WilkesA hill to re11eal an ..:\ct entitled" An ~\et to estab-
lish the ('it.' ( 'ourt of \Yashington in and for the Count~ of wilkes".
Ht>fcrred to Special Judiciary Committee.

B:- }fessrs. Brown and _'\ tkin son of Emanuel_\ bill to establish the City Court of Swainsboro. RefelTe(l to Special J mliciary Committee.

1[0-:\llAY, ,TVLY :31, 1916.

519

H: ::\lr. Yonmans of Candler..\ hill to abolish tlw offiee of County Treasurer of
( mHller ( 'ounty.
Referred to the Counties and Count~- l\latters ( 'ommittee.

By ::\! r. Yomuans of ('andIerA hill to mneil<l an Ad to create a Board of Com-
mi"siOiwrs of Roads al1!l ReYennes for the ( 'ounty of Candler.
RPfern'd to the Counties and Count~- 1fatters Committee.
The following- House bills were read the second time, to wit.:
By ::\[essrs. Blaekburn, Andrews and AtkinsonA bill to amend the charter of the City of Atlanta.
By ::\fr. Rushin..:\ hill to abolish the office of County Treasurer of
Dooly County.
By 11r. Stewart~-\. hill to incorporate the ('ity of Pearson in the
County of Coffee.
Tit<> following- Renate hills were read the second time, to wit. :

By Mr. DobbsA bill to ame1Hl the f'harter of the (;it~ of Marietta.

520

,JouRNAL OF THE SENATE,

B~- }fessrs. \\'alker and Pickett of 11th DistrictA bill to repeal an ~~\et approve<l August 17, 1914,
proYiding for the payment of fees to Onlinaries in connection \lith pension work.
The following Senate hill~ wer<> read the first time, to wit.:

By }lr. Stondl~\ hill to regulate the sale of paregoric and other
compounds ('Ontaining clerivatiYe~ of opium.
Heferre<l to H~giene and Ranitation Committ~e.

By ~lr. Buchanan~~ hill to abolish the Cit~ ( 'ourt of Blakely.
Refened to Special .Twlician ( 'ommittee.

By .Mr. Buchanan"\ hill to amend the chartPr of the ( 'ity of Blakely.
HefPrrP<l to Corporations Committee.

B~ ~~ r. Tis onA hi11 to fix the salm~ of the TreasnrPr of Worth
( 'oun t~-.
Referred to ( 'ounties and ('ounty "Matters CommittPe.

Ry ~I r. StoYall"\ hill to regulab? the issuanC'e of marriage licenses. Heferrerl to Hygiene and Sanitation Committee. Lpon motion, Hou:-:e Bill Xo. ;-30 was withdrawn

-:\fO:\DAY, ,JtLy ;n, l!Jl().
from the l'onnnittPP on General .Tudi<'ia ry and referred to ( 'ommittPP on Puhli<' Hoads.
'rlH' follcnYinp; bill:-; of tltP IIousP wer<> taken up for a tltir<l reading-, to he put upon tllPir passage, to wit.:
B~ ::\1r. Dorsett of ( 'arrollA hill to incorporate the town of J.i'nllervill<'.
The report of the eommittee, whieh was favorable to the passage of the bill, was agreed to.
l' pon the Jlltssage of thP hi II thP a~es were :~0, nay~ 0.
The hill, haYing recein'd the requisite constitutional mnjorit~-, wa~ Jlassed.
By ::\Jr. Perkins of Habersham.:\ hill to abolish the offiee of Count~- 'rrea:-;urer of
Halwr:-;ham t 'onnt~-.
Tlte report of the l"ommittee, which was favorable to the passage of the hill, was agre<~d to.
F pon the passage of tlw bill tltP ayes were ao,
nays 0.
The hill, having receiYed the requisitP constitutional majority, was passed.
B~- ::\Ir. PerkinsA hill to r(:'quire th(l Ordinar~- of Habersham Coun-
ty to use the count~ eonvicts to work and maintain at least two strePh; in (:'~wh town in the county.

JouRNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, 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 ~Ir. King of JeffersonA hill to authorize the trustees of Louisville ~-\ead
.emy to sell certain timber, etc.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were :JO, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By ~Ir. Short of RandolphA bill to abolish the otfiee of County Treasurer of
Handolph County.
The report of the committee, which wa:-; fcworable to the passage of the hill, was agreed to.
"Cpon the passage of the bill tlw ayes were 3'0, nays 0.
The bill, having reeeivcd the requisite constitutional majority, was passed.
By ~Ir. ( 'arithers of BarrowA bill to authorize the State Sehool Commissioner

::\fOXIlAY, ,JtTY ;l}, 1~J1(i.

523

to turn owr to the County S(hool Commissioner of Bm-ro" County certain school funds.
The nport of tlte eOllllllittee, wlli<h was fnvora hle to the passag< of the hill, was agTe<'d to.
r pon tlw passage of the bill the a~es \\'ere :w,
nays 0.
TIH hill. hHYing I'PeeiY<>d the rPqnisit<' <on:-titntional majol'it~-. was passed.

B~ :\Jr. Lun~for<l of LeP~-\ hill to fix the salary of the Treasurer of Lee
County.
The report of the committee. which "as favorable to tlH pa:-~agp of the hill, "as agreed to.
rpon th<~ passage of the bill the ay<!S \Wl'e :30, nayi' 0.
The hill, having rt>ceiwd the requisite constitutional majorit~-, was pa:-:sed.

By :\I r. ~\<lams.A hill to amend an ~\ct to create the City Court of
Zebulon.
The report of the <ommittee, which was faYorabl~? to the passage of the bill, was agreed to.
TT pon tlw passag<> of the bill the ayes were 30,
nay~' 0.
Tlw hill, hming l'ectived the requisite constitutional mnjority, was passNl.

:)24

JouRNAL o~ THE SENATE,

By Mr. Clements of IrwinA bill to amend an Act to create the office of
Commissioner of Roads and Revenues for' the County of Irwin.
The report of the committee, which was favorable to the passage of the bill, 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 ~fr. Fowler of Bihh.A bill to amend an Act to establish a County Board
of Commissioners of Bihh ( 'ounty.
The report o~ the committee, which was favorable to the passage of the bill, 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. Peacock of DoughertyA bill to amend an Act to provide for a system of
public schools in and for the City of Albany.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.

}foxnAY, JuLY 31, 1916.

525

The bill, haYing received the requisite constitutional majority, was passr>d.

By ?\Jessrs. Beck and Dorsett of CarrollA bill to amend an Act to establish a system of
public schools for the City of. Villa Rica.
The report of the committee, which was favorable to the passage of the hi11, was agreed to.
Upon the passagP of the hill the ayes were 3'0, nays 0.
The bill, haYing received the requisite constitutional majority, was passed.

By Mr. Hogg of 1\farionA bill to fix the salary of the Treasurer of Marion
County.
The report of the committee, which was favorable to the passage of the bill, was a~reed 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. Thompson of MadisonA bill to amend an Act creating the office of
Commissioner of Roads and Revenues of Madison County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

526

.J <ll'HXAL OF THE SEKATE,

l'pon the passage of the bill the ayes were :w,
nays 0.

Tlte bill, having reeeiYed the requisite constitutional majorit~', was passed.

B~ :\lr. Hushin~\ hill to amend Se<tion 1:Z4~l of Vol. 1 of the Code
of H110, relatin to s<'ledion by Governor of State 1)epositories.
Tlte report of th<: t'Ommittee, which was fmorable
to the passag<' of tlw hill, \\as agreed to.
F pon the p<u;sage of the bill the a~es were :io,
nays 0.
The hill, having receind the requisite constitutiona I majority, was passed.

By Messrs. Allen and Starke of JacksonA bill to abolish the office of County Treasurer of
.T ackson County.
The revo1t of the l'onunittee, which was favorable to the passage of the bill, as amended, was agreed to.
l'pon the passage of the bill, as amended, the ayes were 30, nays 0.
The bill, having recei\'ed the requisite constitutional majority, \Yas passed as amended, and the amendment- is as follows, to wit.:
Committee Amends House Bill ~o. 748: By striking all of Section 1:2 and substituting m
li<n thereof the following section:

}lnxnAY, .Tur.y 31, 1916.

527

''Section 12. Be it enaded hy the authority aforesaid, That the provision~ of this Act shall not become operative until it has been submitted to a vote of the people of said county, which shall he at the general election in November, 1916, and if a majority of the votes cast at said election be in favor of abolishing said office of Treasurer of said county, this Act shall become operative according to the provisions of the same, but if a majority of the votes east at said election be against abolishing the office of County Treasurer, but putting the same upon a ~alary of $600.00 the provisions of this Act abolishing the office shall not become operative in said county, and in that event the salary of the treasurer of said county shall only be $600 per annum. Those voting at said election shall have printed or written on their ballots ''For abolishing the office of Treasurer'', and those opposed to the provisions of this Act abolishing the office shall have printed or written on their ballots ".\gain;;t abolishing the office of Treasurer, hut putting the same on an annual salary of $600.00. '' And it shall be the duty of those preparing the offieial ballot at said election in November, 1916, to see that this question is submitted to the voters of said eounty as herein provided for, and upon the consolidation of the vote, the Ordinary of said County of J aekson shall publish and declare the result.''
By ~{r. Ledbetter of Polk-
A bill to repeal an .Act to ereate a Board of Commissioners of Roads and Revenues for Polk County.

528

.JooRNAL o~ THE HENATE,

The report of the committee, which was favorable to the passage of the bill, was agTeed to.
Upon the passage of the bill the ares were' :~o, nays 0.
The bill, having l'P('eived the requisitl~ constitutional majority, was passecl.

By 3.1r. Le{lbetterA hill to ereate a Board of Commissioners of Rev-
enues and an office of {'ommissioner of Roads and Bridges for Polk County.
:\lr. ::\loon offcn'd the following amendment, which was adopted, to wit.:
~\mend 8ection 15 of House Bill X o. 915 by striking tlw words beginning with "and", in the :35th line of said seetion, and ending with the word ''term'' in 3'6th line of said section.
The report of the ('ommittee, whi<'h was favorable to t hp passage of the hill, a;; <mwnc1ec1, \Yas agTeed to.
Upon the passage of the hill, as amencled, the ayes
were :-w, nays 0.
The bill, having ieceived the requisite constitutional majority, was passed.
The following Senate hills WC"re taken up for a third reading, to be put upon their passage, to wit.:
By }1r. GoolsbyA hill to ameml tlw ehartPr of the town of Hilh;-
boro.

:\IoxDAY, ,JULY 31, 191t:i.
The report of the cornmitt<'e, which was favorable to the passage of the bill, "~as agreed to.
Upon the passage of the bill the ayes were :m,
nays 0. The bill, haYing receiYed the requisite constitu-
tional majorit~, W"as passed.
By }Ir. TisonA bill to amend Section ~:24- of tlH l'iYil Code of
Hl10 .
.Jir. Tison of the 10th Distrid, offerPd the following amendment, "hieh was adoptPd:
.Amend by adding after tht> "on1 ''W"ay", at the end of Sedion :2 of said hill, the following:
''Provided, furtl1er, that Pither party dissatisfied with the judgment of tlH ordinary, shall have the right to file an appeal to a jnr.' in the Superior Court there to be trie<l by a jury as other appeals from the ordinary, or ordinary's court, are now tried and disposed of."
The report of the committPL', which "as favorable to the passage of the bill, was agreed to, as amended.
Upon the passage of the hill, as amended, the ayes were :27, nays 0.
The bill, haYing received the requisite constitu~ tional majority, was pasHed, as amended.
By Mr. PersonsA bill t<{~~thorize the County Boards of Educa~
y

330

JocRNAL oF THE SENATE,

tion to lay out awl establish Consolidated School Districts.
The previous question was ordered and the main question put.
The report of the eonuuittee, which was favorable to the passage of the bi 11, as amended, was agreed to.
Upon the passage of the bill, as amended, the ayes were 23, nays 0.
The bill, having received tiiP requisite constitutional majority, was passed, as amended, awl the amendments are as follows, to wit.:
( 'ommittee amends as follows:
By striking the words 'an assessment" in line ~1 of Sec. 3' on page ;) of the bill, and insert "digest," and after the word "di,ision ", and hefore the word
"which", in line~~. Section;) on page :i, the follow-
ing words: "as appears in the tax digest of the county, and from tlw rel'ords in the office of the Comptroller-General.''
Also amends by insprting lwtween the words "school" and "when" in line :14 of Section 4 on page 4 of the bill the word ''districts.''
Also amends by striking the word "its", in line M, Section 4, page 4, and inserting in lieu thereof the word "their".
Also amends by inserting between the words ''share'' and ''the'', in line 34, Section 4, page 4, the word ''of.''

~10XDAY, ,JtTY 31, 1!)1().
Al~o ar:wnds h~- inserting hehn'('l1 the words ''of'' and "spe<:ial" in line ;{9, Section 4, page 4, tlw letter "a".
Also amends b~- striking the following wonls from line 40, Section 4, page 4: ''in counties where no local tax for public school support" and insPrt in lieu tl1ereof the following: '' sai(l political division.''
Also amends hy striking the \\onl "such" in line 5~1, Section -:1-, l>Hgl' 3, and inserting in lieu thereof thE:' words "that the'', and b~- striking the "ord "as" in same line, section and page.
Also amPrHls b.'' striking the word which'' in line (i;), sanw sedion and page. ~\lso by striking the iYords "shall he", in lin< (j~J, same section and page, and insert in lien thNPof the words ''are hereby expressly "itlHlnnnJ from said o1fic<> as to said political division.''
Also amends h) striking the "onls "or chairman" in line 12, Section 6, page G. .Also by striking ihe words ''equipment thereof,'' in line 8, Section 7, page Ci, and inserting in lieu thereof the words '' other property.''
Also by striking the 1\0rd "or" m line 4, Section 12, page 8.
A Iso by striking the word "and" m line ;J, Section 12, page 8.
~\ lso by inserting between the words ''division'' and ''by'' the words ''in all eases.''

53~

JOURNAL OF THE S&'<ATE,

Also by striking the words "or chairman", in line 7, Section 12, page 8.
Also by inserting after the word "bonds", in line 10, 11 and :23', pages 8 an<1 9, the words ''and interest.''
Also amends by striking the word "law", in line 8, Section 13, page !l, appearing before the word "local", and insert sai(1 word "law" after the word ''general'', same line, section and page.
Also by striking the word "with", in line 8, Section 13, page 9.
At 1:2 :45 o'clock, P. ::\L, the Senate, upon motion of "Ylr. McLaughlin, adjourned until tomorrow morning at 10 o'clock.

TlJt<~SDAY, AUGUST 1, 1916.

;_),,.,...,.,,

Tuesday, August 1, l9W.
The Senate met pursuant to adjournment at 10 o'clock, A. :\f., and 'n1s called to or(ler by the President.
Prayer was offered by the ('haplain.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the Journal of yesterrlay's proceedings was dispensed with.
Mr. Boykin, of the 17th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President: Your Committee on Enrollment report as duly en-
rolled and ready for the signature of the President of the Senate and Speaker of the House, the following resolution, to wit.:
A resolution that our Representatives in Congress and Senators from Georgia use whatever means at their command to secure prompt and sufficient aid to relieve the suffering from the recent floods in Northwest Georgia.
Respectfully submitted, H. A. BovKrN, Chairman.

[13'4

JorR~AL OF THE ~ENATE,

}f r. Boykin, of the 17th I )istrict, Chairman of tlw ( ommittee on Enrollment, submitted the following
n~port:

J/ r. President: Your Committt>e on :F~nrollment report as tluly en-
rolled by the President of the Senate and Speaker of the House and (leliYered to the Governor, the followitlg resolution, to l'iit.:
..:\ resolution that our HeprPsLntati,es in ( 'ongTess and Senators from Ut>orgia usP \Yhatever nwans at their command to secure prompt and suffieient aid to relieve the suffering from the recent floods m N'orthwest Georgia.
Respectfull~- submitte(L H. A. Bonn~, Chairman.
)fr. \Yard, of tlw 5th Distrid, ~-\ttinp: Chairman of the Committee on }1"Jngrossing, submitted the followillf!, report:

Mr. President: Your Committee on Eugrossing has examined and
found properly engrosse<l and ready for transmission to the Hous(l the following hills of the Senate, to wit.:
A bill to amend Sedion 824 of the Civil ('o(1c of .1910.
A bill to amend the charter of the town of Hillshoro. in the County of Jasper.
Respectfully submitted, r. A. \rARJ>, .Aeting Chrnm.

Tm:sDAY, AuGUST 1, 1916.

535

:Mr. Fletcher, of the 26th l>istrict, Chairman of the Committee on Insurance, submitted the following report:

M1. President : Your Committee on Insurance has had under con-
sideration the follmYing- bill of the Senate and instructed me, as their Chairman, to report same baek to the Senate \Yith the rerommenrlation that same do pass, to wit. :
...:\ bill to providP for the appointment of an umpire by any court of record in fire insurance appraisals.
R<>spectfullr submitted, FLETCHER, Chairman.

Mr. Trammell, of the 39th District, Chairman of the Committee on Public Library, submitted the following report:

J-Jt-. P1esident: Your Committee on Public Library has had under
consideration the following House resolutions and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit.:
House Resolution ~ o. 18:2, providing for furnishing Supreme Court and Court of Appeals Reports and Acts of the General Assembly to the County of Fulton.
House Resolution Xo. 177, to furnish wheeler County with certain books from the State Library.

.JocR~AL OF THE SENATE,
House Resolution No. 180, to furnish G(>orgia Heports to the Ordinary and Clerk of the Superior ('ourt of ('harlton County.
House Resolution Xo. :.?03', to furni:-:h Twiggs County with certain hooks from State T...ihrary.
Hespectfully submitted, .T. R. THAMMELL, Chairman.
).1 r. Adams, of tlw 8:~<1 Distric-t, Chairman of the ( 'ommittee on ~pecial :Ju<li<iary, submitted the following report:
Jfr. President: Your Committee on Special .Tudiciary has had un-
der consideration the following resolution of the House, and instructt><l me, as their Chairman, to report same back to tlw Senate with the recommendation that same do pass, to wit.:
A resolution for tlte relief of T. A. Baldwin and Catoosa Springs Company.
H<>speC"tfull~ submitted, .T. 0. An.uis, Chairman.
.:\Ir. Smith, of the :~4th District, Chairman of the Committee on Constitutional Amendments, submitted the following report:
Mr. President: Your Committee on Constitutional Amendments
has harl under consi(leration the following hill of the Senate anrl instru!'ted me, as their Chairman, to

TcEsnA Y, A enesT 1, 1916.

537

report same back to the Senate with the reconunendation that same do pass:
1\o. :258. B) ::vrr. Paulk of the 6th. A bill to be en-
titlecl an ~-\ct to amend Article 7, Section 1:2 of the Constitution, etc.
~-\ ugust 1, 101 6. Respectfully submitted, E. }I. SMITH, Chairman.

The following message was received from the House, through :\fr. Roifeuillet, the Clerk thereof:

Mr. President: The Housp has passed h~- the requisite constitu-
tional majorit~-. tliP following hills of the Senate, to wit.:
.A hill to HlllPlld au .\d approved ~ovember ~~0, 1~)1."), proYi<ling for the leasing or other disposition of the \Y estern an<l ~\tlantic Railroad, relatiYe to other roa(ls using traeks.
.-\ hill to amPnd an A<t appro,e(l ~ov. ;)(), 1015, JH'OYi<ling for the leasing or other disposition of the W PStPrn & ~-\ tlantie Railroad, relative to givmg commission additional powers.
ThP House hns concuned in the Senate substitute as amended, to the following hill of the House, to wit.:
A hill to amend Paragraph 1, Section 13, Article 6 of the Constitution, as refers to certain juuges of the Superior Court.

.J<wR~AL OF THE SENATE,
TIIP House lias refn,-e<1 to concur in Sc>natP amendlllellt to the following bill .of the House, to wit.:
~\ hill to nJwal tlw _-\d erPating the City Court of XasliviliP.
The fo II owing message was reeeived from the 1fonse, through -:\Jr. Boifenillet, the Clerk thereof:
.\Jr. ]>resident: The Hous< has passPd hy the re<luisite constitu-
tionnl.nwjorit_,. tl1e following .ioint resolution of the Honse, to \Yit.:
A resolution for the relid of Press Buxton.
The following message was received from the Honse, through -:\1 r. HoifPnillct, the ('Jerk thereof:
J/r. President: The House has passPd h~ the requisite constitu-
tional majori(v the following hills of the House, to wit.:
~\ hill to reqmre sc-hool attendance of children hptwePn the ages of 8 and 1-lo years.
~\ hill to authorize County and Local Boards of Educ-ation to furnish books and supplies to school children .
.:\ bill to aholisl1 offi('e of Roads and Hevenues of
(1rady County.
~\ hill to ereate offi('e of Roads and Revenues for Grady County.

:\ bill to abolish office of County Treasurer of Taylor ( 'om1ty.
A hill to amend an Act incorporating the town of Portal.
.:'t bill to fix the salary of the Treasurer of Butts County.
A bill to amend an Act establishing the Municipal ( 'ourt of Savannah.
A bill to authorize Commissioner of Carroll C0unt;- to haYe main roads leading through towns :.nd cities workPrl.
~\ hill to anwnd an Ad nPating a charter for the town of Jfosrhton.
~\ bill to repeal charter of the Cit; of Gordon.
~-\ hill to Psta h1ish a nPw eha rt0r for the City of Gordon.
_\ hill to ame11<l an ~\et establishing charter of the ('it~ of Macon.
~\ hill to amencl an Ad ('Stablishing office of Hoads and HeYenues of Camden County.
~\ hill to anwncl an Act incorporating town of Ba 11 Cl round.
~\ hill to amend an ~\ct establishing City Court of ::\faeon.
~\ hill to amend an Act establishing .J,!unieipal ('ourt of ~lacon.

540

.JovR~AL OF THE SENATE,

A bill to amend an Act creating charter for the
town of \roodland.
A bill to amend an Act establishing the Road Law for Tattnall ( 'ounty.
A bill to create a Recorder's Court for the town of TenniiiP.
\ hill to suhmit bill of 1915 sesswn to voters of :-t.?d Dishiet, of Charlton County.
rrhe following House hill was read the tl~ird time to h<' put upon its passage, to wit.:

By :J[essrs. Blackburn, "\ndr<'WS and J . tkinson.A hill to anwnd an ~.:let establishing a new charter
for the City of "\ tlanta.
The report of tlw committee, which was faYorable to the passage of the bill, was agreed to.
Cpon thP passage of tl1e hill the ayes were 30, nays 0.
The hill, h<wing rec<>iwd the r<'qnisite eonstitutional ma.iorit.' "as passPd.
'l'he following n:solntion was read ami referred to the Hnles Committee, to wit.:

B.' :\fr. Piek<'tt of 11th Distriet:\. rrsolntion to srt S<nate Bill ~o. :3:.?6 as a special
and <ontinuinp: order immediately after the rrading of the .Journal on \\'ednPsday, Aug. 2d.
Kenate Bill Ko. 284 was on motion taken from the table.

TrE::::PAY, Arm~sT 1, 191n.

541

The follo"ing r<'solntion wa~ read and referred to the Rules ( 'ommittPP, to wit_:

B~ )fr_ Pickett of 11th DistridThat Jfonda~s and Friday!' of each "\\eek be set
apart for the passage of bills originating in the Houl-ie of Representatives.
The follo"ing rPsolutions were reatl and referred to the Rules ('ommittee, to wit.:

By ::\1r. Boykin.A resolution to set S<'nate Bill Xo. :316 as a special
and C'ontinuing on1<'r for "'Pdnes<1ay, Aug. 2<1.

By ::\lr. ..:\kinA resolution to set Senat<' Bill Xo. :2/G as a special
and continuing order for \Y <'<1nesclay, Aug. 2<1.
The follo"ing Senate hill, whieh "\\as set as a special order, "\\as taken up for a third reading, to wit.:

By ::\Ir. Lawrenre..:\ hill to anwnd the sen'ral Aets relating to the
incorporating tl1e ::\[a~or a11<l ..:\ l<lemwn of the ('ity of Savannah.
1Ir. Peacoek mo,e<l that th< dchatt, he limited to two hours, and that eaeb side be allowed one hour apiece. The motion was adoptNl.
::\Ir. La"\\rence moved to pol'tpone further consideration of the bill until Thursday, immediately after the reading of the .Tomnal.

;)-!-:2

.JoeRXAL rw THE SEXATE,

[ pon this motion, ~lr. }lcl'rory calleu for the a~es and nays. The call was sustained.

Upon the motion to postpone the vote was as follows:

Those votin~; in the affirmative were Messrs.-

Adams, J. 0. Buchanan, W. A. Burnside, J. B. Dobbs, E. P. },letcher, H. M. Gillis, N. L. Onolshy, B. F.

Haralson, Pat Lawrence, A. A. :'lfangham, J. J. :\lcLaughlin, B. F. Paulk, Geo. A. Peacock, Z. V.

Pickett, D. C. Pid;ctt, Roscoe Smith, E. 1\f. Thomas, ,T. R. Tison, :\Iatk \\'arol, C. A.

Those voting in the negative were ~Iessrs.-

Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. C:J.llahan, J. W. Harbin, T. W.

Harrison, W. T. Holden, .Trw. F. ~linter, C'. C. ~loon, E. T. :'lfcCrory, C. R. ~ll'arlanol, J. R.

Stomll, A. S. .T. Tra~. ('. ('. Trammell, .T. R. Way, J. B. WrC'n, W..T.

Those not voting were Messrs.-

Carlton, J. A. Eakes, W. J. Fagan, T.V.

Paulk, :.VL J. R:wsnm, \V. :'11.

Turner, T. R. Walker, .T. D.

~\yes 19, nays 17.

Tlw motion prevaiiE>d.

The following resolution of the House was read tl11 ~wf'ond time, to wit.:

Br :Jir. Ledbetter of PolkA resolution for the relief of T. ~-\. Baldwin and
the Catoosa Springs Company.
'fhe following Senate hills were read the first time, to wit.:

TtE:o:PAY, AnasT 1, lHHi.
By 1lr. Trammell.A bill to anwnd Paragraph 1, St>ction 2, Articlt> 7
of the Con::-;titution so as to proYid<:> for taxation of eo1mnereial paper.
Referred to the ( "onstitutional Amendments ('ommittee.
By ~lr. Pickett of 41st 1>istridA bill to amend SPction +747 of the Civil Code. Heferred to Oeneral .Judiciary Committee.
By ~lr. Buehanau~\ hill to rPpeal an Ac:t to ineorporate the ( 'ity of
Blahly. Referred to Corporation!:' Committee.
The follo,Ying hill of the House was reml the first time, to wit.:
By :Jlessrs. Youmans of Ternll, llorris of l'risp and others-
A hi II to authoriz<> ( 'ount~ and Local Boards of Edueation to furnish sehool books and supplies to SC'hool <'hihlrPn.
l'pon motion of :Jir. Piekett of 41Rt District, Senate Bill No. 20 was tahn from table.
The following Senate bill was taken up for a third reading- to be put upon its vassage, to wit.:

.TtHTR:c-<AL OF THE SE:c-<ATE,

B~ }Jr. PersonsA bill to amend Section 100:3 of Civil Code relative
to return of property for taxation.
Tht> following substitute to the bill was offered, to wit.:

H~ }Jr. 'Yalker"\ bill to tax mortgages, security <leeds, bond for
tit Ips and other forms of reeord indebtetlness.

'l'IH substitute was lost.

'l'he prcvwns qnPstion was ordrred and the mam quPstion put.

Fpon the passage of the hill the ayes and nays WPl'l' ordered and the vote was as follows, to wit.:

Those voting in the affirmative were .Messrs.-

Bailey, L. s.
Bonner, T. B. Boykin, II. A.
Buchanan, w. A.
Burnside, .J. B . F'letcher, H. l\L (;oolshy, B. 1~.

Harbin, T. w.
Harrison, w. 'r.
:\loo11, E. T.
::IIcCrory, c. R.
:\],.Farlan,], .J. R.
.\I(Langhlin, B. F.
Pickett, Roscoe

Smith, E. M. StoyaJl, A. S. ,J. Thomas, .J. R.
Tison, :\lark
Tracy, C. c.
Trammell, .T. R . vVar<l, C. A.

Those voting in the negative were ::\Jpssr:;.-

Adams, .J. 0. .\kin, L. R. Calialwn, .J. \V. Dobbs, E. P. Gillis, N. L. Haralson, Pat

lloldPll, .fno. 1'. Lawrence, A. A. :\Iangham, .T. .T. :\linter, C. C. Paulk, Geo. A. Paulk, }f. .J.

Peacock, Z. V. Pickett, D. C. Turner, T. R. Way, J. B. "'ren, \V..T.

Those not voting were ::\fes:-:rs.-

Carlton, .J. A. Eakes, vV. J.

Fagan, T.V.
Ransom, \V. :\I .

Walker, .T. D.

\~es :.n, nays 17.

TuEsDAY, ArGrsT 1, 19Hi.

545

The bill, haYing failed to receive the requisite con-
stitutional majority, was lost.
Fpon motion of :Mr. Peacock the Senate adjourned until tomorrow morning at 10 o'clock.

3-!(i

.JoeRX.\L oF THE SEXATE,

GA., SEX.\TE ( 'HAMBER, .ATL\XTA, \Yednesday, August 2, 19Hi.

Tl1e Senate met pursuant to adjournment at 10 o'clock a. m., and was called to order by the President.
Pra~er was offered hy the Chaplain.

rpon the eall of the roll the following Senators answered to their names:

Adams, J. 0. Aki11, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. ,V. Carlton, J. A. Dobbs, E. P. Fagan, T.V. Fletcher, H. M. Gillis, N. L.
Goolsh~-. B. F.

ILua~;;, n. Pat
Harbin, T. "'Harrison, W. T. Hol<len . .Tno. F. Lawrence, A. A. ~~anghmn, .T. .T. :\Tinter, C. C. :\foon, E. T. :i\fcCrory, C. R. :.lfrFarland, .J. R. :.lfcLaughlin, B. F. Paulk, Geo. A. Paulk, :.If. .T.

Peacock, Z. V. PickPtt, D. C. Pickett, Roscoe Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, :\Tark Trac~-. C. C. Trammell, J. R. Turner, T. R. Warcl, C. A. War. J. B. Wren, W. .T.

ThosP ahse11t were :J[essrs.-

Eakes. \\'.T.

Ransom, W. }f.

Walker, .T. D.

B~T unanimon~ consent the reading of the journal of ~-esterda~r 's proceedings was dispensed with.

::\Ir. Ward of the 5th District, Acting Chairman of the Committee on Engrossing, submitted the following report:

Mr. President : Your Committee on Engrossing has examined and

\YEDXESDAY, ~\rGrST 2, Fllf;.

547

found properly engrossed and ready for transmis. sion to the House the fo1lowing bill, to-wit.:
A bill to authorize count~~ boards of education to lay out and establish consolidated school districts.
Respectfully submitted, C. A. \VARD, Acting Chairman.

~Ir. ~loon of the 37th District, Chairman of the Committee on General Judiciary, submitted the following report :

Mr. Preside1zt: Your Committee on General Judiciary has had
under consideration the following bills of the Senate and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to prescribe the number of judges of the Court of Appeals of this State.
A bill to amend Section 3-l-36 of the Code of Georgia.
A bill to confer on the superior courts of this State the power to allow and accept the surrender of corporate franchises and charters.
Respectfull~~ submitted,
E. '1'. ~IooK, Chairman.

~Ir. Tison of the lOth District, Chairman of the Committee on Public Roads, submitted the following report :

3-1-8

JouR~AL OF THE SE~ATE,

111r. President: Your Committee on Public Roads has had under
consideration the following bill of the House and instructed me as their chairman to report same back to the Senate. with the recommendation that same do pass as amended, to-wit.:
A bill to provide for the creation of the Georgia State Highway Commission.
Respectfully submitted, MARK TisoN, Chairman.

~fr. Adams of the 33rd District, Chairman of the Committee on Special Judiciary, submitted the following report:

111r. President: Your Committee on Special Judiciary has had
under consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend an Act creating the City Court of Griffin.
A bill to amend the Act establishing a City Court in the county of Clarke.
Your committee has further had under consideration the following bill of the Senate and recommend that same do pass, to-wit.:
A bill to regulate the manufacture and sale of poisonous fly paper.

\VED)! Ei::lD.-\11 ~.\.L'GUST :2, 191().

549

Your committee has further had under consideration the following bills of the Senate and recommend that same do not pass:

A bill to amend the original Act establishing the City Court of Douglas.
~.\. bill to amend an Act establishing the City Court of Douglas.

Your committee has had under consideration the following resolution of the Senate, and recommend that same do not pass:

A resolution for the relief of J. L. Shelton, D. :E'. Chapman and J. H. Peterman.

Your committee has further had under consideration the following resolution of the House and recommend that same do pass, to-wit.:

~.\. resolution for relief of Agnes Clyde and J. C. Carter.

_\ resolution for the relief of T. L. Ford.

_.\ resolution for the relief of J. H. Young. Respectfully submitted, .T. 0. ADAMS, Chairman.

:l\Ir. Goolsb) of the 28th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

J1r. President: Your C'ommittee on Counties and County Matters
has had under consideration the following bill of

;)50

.JOL_'RC\AL OF THE SEXATE,

the Senate and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to fix the salary of the Treasurer of \Y ortll County.
The committee has also had under consideration the following bill of the House, which I am instructed to report back to the Senate with the recommendation that the same do pass, to-wit.:
A bill to abolish the o' ffice of CountY. Treasmer of
Irwin County.
The committee has also had under consideration the foJlowing bill of the House, which I am instructer1 to report back to the Senate with the recommendation that the same do pass by substitute, to-\Yit.:
~-\ hiJl to abolish the office of County Treasurer of Banks County.
The committee has also had under consideration the following biJls of the House, which I am instructed to report back to the Senate with the recommendation that the same do pass as amended, to-wit.:
~-\ biJl to establish a wunty depository for county funds of Turner County.
A bill to abolish the office of County Treasmer of Gwinnett County.
The committee bas also had under consideration the following bill of the House, which I am instructed to report back to the Senate with the recommendation that the same do not pass, to-wit.:

A bill to abolish the office of Treasurer of 'l'urner

County.

Respectfully submitted,

B. E. GooLSBY, Chairman.

::\[r. Harrison of the ~3th District, Chairman of the Committee on Education, submitted the following report:

"lfr. President: Your Committee on Education has had under con-
sideration the following bill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass as amended, to-wit.:
A bill to authorize count~ and local boards of education to furnish school hooks and supplies to school rhildren.
Respectfully submitted, \Y. T. HARRISON, Chairman.
::\[r. Peacock of the Hth District, Chairman of the Committee on Corporations, submitted the follow ing 1rport:

Jfr. President: Your Committee on Corporations has had under
consid<>ration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same <lo pass, to-wit.:
~1. hill to repeal an ~1.ct, approved July 29, 1914, which is entitled an Act to incorporate the town of \Vef't Green.

552

JoT:RNAL OF THE SENATE,

A bill to amend the charter of the Presbyterian Church of the city of Savannah.
Your committee has further had under consideration the following bill of the Senate and I am instructed to report the same back with the recommendation that same do pass, to-wit.:
A bill to amend an Act entitled an Act to amend, revise Acts granting corporate authority to the town of Warsaw.
Respectfully submitted, PEACOCK, Chairman.

Mr. Wren of the 18th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President : Your Committee on Agriculture has had under
consideration the following bills of the Senate and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to make it unlawful for any person, firm or corporation conducting a general warehouse business to receive for storage any cotton, cotton seed, etc., without insuring the same.
A bill to create a Warehouse Department for the State of Georgia.
Respectfully submitted, W. J. WREN, Chairman.

\VED~ESDAY, A"GG"l'ST 2, 19lt:.

553

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

lll'r. President: The House has passed by the requisite constitu-
tional majorit~ the following bills of the House, towit.:
A bill to amend an Act establishing the road laws of Evans County.
A hill to amend an Act creating a new charter for the ci(v of Columbus.
A bill to provide for holding three terms of Superior Court of Bacon County.
A bill to appropriate $500 to trustees of Resaca Confederate Cemetery for use in same.
A bill to amend an Act establishing a new charter for town of Flovilla.
A bill to amend an Act establishing charter for town of Decatur.
A bill to incorporate the town of ~raselton.
A bill to fix the salary of the Treasurer of Morgan County.
~1.. bill to amend an Act providing for terms of Berrien Superior Court.
A bill to fix the salary of the Treasurer of Fulton County.
A bill to fix the salary of County Treasurer of Paulding County.

Jo-cRXAL oF THE SEXATE,
_-\_ bill to provide a new charter for the cit~- of Boston.
A bill to abolish office of County Treasurer of Henry County.
~-\.. bill to amend an Act creating a new clwrter fo1 the city of Dublin.
A bill to amend an ~\ct creating a Board of County Commissioners for Evans County.
A bill to amend an Act creating the City Comt of Greenshoro.
A hill to authorize Commi:-:sioners of Charlton Count~- to pa~- mayor and council of Homeland certain road tax.
The following message "as reeei,ed from the Homw, through ~fr. Boifeuillet, the Clerk thereof:
Jlr. President: The House has passed by the requisit<' constitu-
tional majorit~- the follmYing joint resolntim1s of the House, to-wit.:
"\ resolution to }JaY pension of Mrs. L. ~r. T~son.
/\ resolution to pay pension of ~f rs. Fannie \Yillis.
"-\_ rc>solution to pay pension of .J olm \Yan1. The following message was recei,ed from tlw Hous(', through ~Ir. Boifenillet, the Clerk thereof:
Mr. Pre:;ident: 'I'I1P House has pas:-;ed hY tl1e requisit< con:-;titn-

tional majority the following resolution of the Senate, to-wit.:
A resolution to authorize and direct the Governor to enter into a new contract with Tennessee Copper Company.
The following House bills and resolution were read the first time, to-wit.:
By .Jlr. .Jlarshall of TaylorA bill to abolish the office of County Treasurer of
Taylor County. Referred to Counties and County .Jiatters Com-
mittee.
By .Jiessrs. Hutcheson of Turner and Nunn of Houston-
A bill to require school attendance of children when they have not completed fourth grade.
Referred to Education Committee.
By Messrs. Fowler, Ayer and Barfield of BibbA bill to amend the charter of the city of Macon
relatin to the closing of Pine Street in the city of .Jfacon.
Referr<:>d to Corporntions Committee.
By .Jfr. Barber of GradyA bill to abolish the Board of Commissioners of
Roads and Rennups of Grad~ Count).
Referred to Counties and County Matters Committee.

.)56

JoeRXAL OF THE SEXATE,

By ~Iessrs. Fowler, Ayer and BarfieldA bill to amend an Act establishing the City Court
of l\iacon.
Referred to Special Judiciary Committee.

By l\Ir. Towles of ButtsA bill to fix the salary of the Treasurer of Butts
County.
Referred to Com1ties and County Matter~ Committee.

By ::\Ir. Elders of TattnallA bill to amend the road law of Tattnall County.
Referred to Counties and County ::\1atters Committee.

By l\1essrs. Lanier and \Vright of BullochA bill to amend the charter of the town of Portal. Referred to Corporations Committee.

By ::\lr. Jones of -Wilkinson.-\ bill to create a new charter for the city of
Gordon.
Referred to Corporations Committee.

B~- ::\[essrs. :Myrick, Shuptrine and Jackson--A bill to amend the Act establishing the ::\Iuni<i-
pal Court of Savannah.
Heferrecl to Specia1 .Jucliciar~ Committee.

\YEDKESllAY, ..:\.rG"CST :2, 19Hi.

557

By Mr. Harris of WashingtonA bill to create a Recorder's Court for the town
of Tennille.
Referred to Special Judiciary Committee.

By l\fr. Fowler of BibbA bill to amend an Act to abolish the Justice
Courts in the city of Macon.
Referred to Special Judiciary Committee.

By ::\Ir. Jones of WilkinsonA bill to repeal an ~~ct to incorporate the city of
Gordon.
Referred to Corporations Committee.

By ::\fessrs. Allen and Stark of JacksonA bill to amend the charter of the town of Hosch-
ton.
Referred to Corporations Committee.

By l\Iessrs. Beck and Dorsett of CarrollA bill to authorize the Commissioners of Roads
and Revenues of Carroll County to have certain roads worked.
Referred to Counties and County Matters Com- mittee.

By Mr. Pickeren of Charlton.:\ hill to pn~ the cit~ of Folkston certain war ta 'i
monies, subject to referenre to the voters of the 32nd G. l\L nistrict of said count~.

358

.JocRxAL oF THE SE.~ATE,

Referred to Counties and County ::'IIatters Committee.

By ::'llr. Ragland of TalbotA bill to amend the charter of the town of W ooLl-
land.
Referred to Corporations Committee.

By I\Ir. Simpson of CherokeeA bill to amend the charter of the town of Ball
Ground.
Referred to Corporations Committc>e.

By :Mr. Barber of Grady-
A bill to create a Board of Commissioners of
Grad~" County.
Referred to Counties and County ~Iatters Committee.

By i\lr. Liles of CamdenA biU to amend an Act creating the Board of Com-
missioners of Roads and Rc>venues for tlw county of Camden.
Referred to Counties aml. Count~- ~fattc>rs Committee.

By ~fr. Evans of ScrevenA resolution for the relief of Press Buxton.
Referred to Srlecia1 .Judiciary Committc>e.
~Ir. Lawrence of the 1st District, E.x-Oilirio Chair-

man of the Committee on Rules, submitted the following report:
Jl r. President: Yom Committee on Rules recommend that Sen-
ate Bills Nos. 246, 308, 273, 284, 316, 276 and 322 be made special orders for \Yednesday, August 2nd, immediately after the confirmation of the Journal.
Respectfully submitted, LAWRENCE, Vice-Chairman.
The report was adopted. ~Ir. Lawrence, Ex-Officio Chairman of the Hules Committee, submitted the following report:
Jl r. President: \Ye recommend that the resolution fixing ~lonclay
and Friday of each week as the days for reading House bills the third time be amended by striking the words Mon<1ay and Friday and in~erting Tuesda~-; that it pass as amended.
The report was adopted.
The follo\Ying House bill was taken up for the purpose of acting upon the Senate amendments to the same, to-wit.:
By -:\Iessrs. Bale, Anderson and Findley of FloydA bill to create a new chatter and municipal
p;oYernment for the cit~- of Rome.
Upon motion the Senate receded from its original amendments and offers the following substitute amendments therefor, whi('h were adopted, to-wit.:

360

J OUHXAL OF THE flEX ATE,

AMENDMENT TO HousE BILL No. 231, BY CoMMITTEE.
AMENDMENT 1.
1st. Amend Section 1 of Engrossed Bill by inserting between the words ''purposes'' and ''and'' in the 37th line the following: ''and said city of Rome shall have the right to rent, lease, or operate any and all public buildings for any purpose whatsoe,er. ''

AMEXDl\1ENT 2.
2nd. Amend said bill by striking all of Section Two and inserting in lieu thereof as follows:
''Section 2. Be it further enacted by the authority aforesaid, That the corporate limits of the city of Rome are hereby declared to be as follows: Beginning near the northwest corner of land lot No. 238, in the twenty-third district and third section of Floyd County, Ga., at a point of intersection of tlH north boundary line of the Central of Georgia Hailway's right-of-way with the north boundary line of the Southern Railway's right-of-way in said land lot No. 238; thenre extending easterl~- along the north boundary line of the right-of-way of said Southern Railway Company to and across the Oostanaula River and continuing along the north boundary line
of said railway company to a point north of tlw east
line and in line with the east line with the city pumping station property; thence south across said rightof-way and thence along the east side of said city's pumping station property to the southeast corner thereof; thence IYest along the south side of said
pumping station property to the low water mark on

"W'EDNESDAY, A-c-GT:ST 2, 1916.

561

the east bank of the Oostanaula River; thence down said riYer along low water mark to the east and west hmd line between land lots Nos. 236 and 245 in said twent~-third district and third section; thence east along :-;aid laud line to the southeast corner of said Lot )Io. 2:~6; thence north along the land line between Lots Nos. ~36 and 235 to a point due east of the south line of the city reservoir property; thence west along the south side of said reservoir prop. ert~- to the east line of the property formerly known as the C. I. GraYes old homestead; thence northerly along the east line of said Graves' homestead property to the east and west land line between land Lots Xos. 203 and 236 in said district and section; tlwnc<" along said land line between said Lots Nos. ::?05 and 23() and between land Lots )ros. 206 and 2:-35 to Spring Street; th<'nce northeasterly along the east side of Spring Street to and across the right-of-way of the Southern Railway Company; thence due nortl1 from said right-of-wa~' to the north side of Park AYenue; thence southeasterly across land Lot 207 in said distrirt and section and along the northC'asi:erly side of Park Avenue and the continuation thereof to and across the Calhoun Public Road, and continuing up the Calhoun Road to the north and south land line between land Lots Nos. 207 and 208 in said district and section; thence south along said land line and along land lines between lots Nos. 233 and 23+ to tl1e north side of Cothran Street where tl1e same interseets with said land line; thence west nlong the north line of Cothran Street to a point dne north of the east side of the city colored public

J OGR~AL OF THE SENATE,
:::;clwol lot; tlwnce south along the eac;t side ot :::>aiJ J.mulic school lot to awl across the Etowah Hiver to low water mark on the south side of said river; thence westerly and southerly along Jmy wn ter mark down said river to the north side of the extension of Holme::; 8treet to said river; thence easterly along the north side ot Holme::; 8treet to the ea:-;t side of Uordon 8treet; thence ::;outh along the ea:;t ~ide of Gordon Street to the north side of DiYision ~trPt't; thence east along the north side of DiYisiou 8treet to a point opposite the line between Cooper and Hughes property; thence southeasterly along said line behYeen Cooper and Hughes property to the land line on the east side of land Lot ;\ o. :2t\lj; tllenc<> south along said land line to the :-outh side of .Ea:;t Twelfth Street, designated on Deitz's map of Hom(' and East Home as Silver Street; thence \Ye,.;t along the south side of East T\\elfth Street to and alross Second _\ wnm>, formerly HmYanl ~\venue, to tl1e cast t->id<> of DP<lll Street; tl1enee souther]~- along tl1e east sid<> of Dean Street to th<> :-outh sid( of Ea,-t Fiftepntll StrPPt; thence W<>st along and continuing witl1 the south si(lf' of ,.;aill East FiftPPnth Street and the cxt<>Hsiont-> thpnof to and al'ross tlw right-of-way of the (\ntral of Georgia Hailway Company; thence in a northl'J']~- dinction along thP \H'St line of tlH ri9,ht-of-\Ya~ of said ( '<>ntral of Glorgia Haihn1y to tlw south ,.;id<> of East T\\elfth Street, fornwrl~ Silnr Str<>et; thence in a wester]~- direction along- the south sirlf of said East 'T\vPlfth Stre<'t and eontinuin_g \\ith the s;mw to ;mel across the Rome aml CaYe Spring pul~lir road; tlwnr<> soutlwrl_,. along tl1e

\VED~ESDAY, Arun.;T :2, 1911i.

;)1)3

\H'st side of said public road to the land line running Past and west between land Lots 1\os. 28- and 317 in said hn,nt~-third district and third section; thence west along the north boundary line of land Lots
Xos. :n I nnd :n 8 to the northwest corner of said
Lot X o. :11 R: thence northerly with the land line hetwef'n land Lots X os. 28:.? and 283 to the south boundar: lin0 of the 1\ixon estate; thence due east along the south honndar: line of said Nixon estate to the w0st honnrlar~- line of the ''Shady Side Adc1ition '' to Rome: thenc0 due north alm_1g saia west line of saic1'' ~had~- Side .\<1dition '' nnd eontinuing due north
:wross th0 Coosa RiYer to the low water mark on the
northern hank of said river; thence in a direct line in a northerl~v direction to the northwest corner of \Yest Seventh Street, formerl_,. Shorter Avenue, and River Street; thence north along the west side of River Street to and across the Central of Georgia Railwa~'s right-of-way to the north side of said right-of-way; tlwnce westerly along said right-of\\a~- to th0 point of heginning."

AMENDMENT 3.
Amend Section 3 by striking tl1e name "\Y. l\f. Oammon" wherever same occurs and inserting the name ''C. S. Pruden'' in lieu thereof.

A::.\iE~DMEKT 4.
Anwnd Section G b~- striking the clause "the last list nw~- be used'' in the tenth line of said section and suhstituting in lieu thereof the following: '' 'rhe

.TorRXAL OF THE SEKATE.
registration list of the last general election shall be used;'' further amend said section by striking the word ''or'' in the thirteenth line between the words "referendum" and "recall" and substituting a comma, and by inserting the words ''or any special election'' after the word ''recall'' and he fore the word "immediately" in said thirteenth line; further amend said section by striking the words ''heretofore been disqualified'' in the fourteenth line of said section and suhstituting in lieu thereof tlH words ''since become qualified;'' further amend said section by striking the words ''qualify and'' in the fifteenth line of said section; further amend said section by striking the word "ten" in the sixteenth line thereof and substituting in liPu therefor the word "five."
AME~DlVIEKT 5. .\mend Section 14 by striking the words and figures "two hundred (200)" in the tenth line of sairl section and suhstituting in lien therof the words n]1(l figures "one lnmdred (100) "; furtlwr amend hy striking the wonls and figures "one-third (1 ;::l)" \Yherever same appears in snid section awl substituting in liPu thereof the words and figures "onefourth (1 '-I-)." Further amend said section by striking thP wonl "twelw" in the thirt~'-third line tll<'rPof and snhstituting the word" six."
.\ME~Dl\1.EXT G. .\mend SPetion 1!1 h~ striking the words "in the quornm '' in tl:e ninth line of said section and suhstitnting in lien therPof the words ''and derornm; ''

wEDNESDAY, AuausT 2, 1916.

565

further amend said section by adding to said section the following: ''Provided, however, that this shall not prohibit the re-election of an employee to fill the same position, who was so employed at the time of the election or appointment of the first comnnsswner, commissioners, members or ex-officio members or other officers, whose relationship disqualifies as herein stated."

Al\iEN"D::\1ENT 7.
Amend Section 25 by adding to said section the following: ''Said City Commission are empowered to change city depositories whenever in its opinion the hest interests of the city rertuire that it he done.'' -

AMEN"D::\1E"NT 8.
Amend Section 26 by striking the words ''once eYery three months" in the sixth line of said section and substituting in lieu thereof the words "once a year, and oftener if they deem it necessary."

AMENDMENT 9.
Amend Section 29 by striking from said section between the words "regular meeting" in the fifteenth line of said section and before the word "three" in the nineteenth line thereof the follo\\ing language: "lTnless the same shall have the unanimous approval of all the Commissioners present, in which case the minutes must show that action was taken with unanimous approval," and substituting in liPu thereof the words ''on two separate day".''

.JOl"IC\.\L OF THE SE~.\TE,
AMENDMENT 10.
Amend ~ection 37 by striking from said section the following language after the word "contempt" in the tenth line thereof: ''Committed in the presence of the court not to exceed a fine of twenty-five dollars ($:25.00) and imprisonment in the city calaboose or jail not to exceed ten days,'' and substituting in lieu thereof the following: ''of court, not to exceed a fine of fifty dollars ($50.00) and at work in the city chaingang not to exceed ninety days and imprisonment in the city calaboose or jail not to exceed thirty days;'' further amend by striking the word ''both'' in the fourteenth line of said section and substituting in lieu thereof the word "all."
Al\L8NDMENT 11.
Amend said bill by inserting a new section to he known as Section 43, to follow Section +2, to he as follows:
'':SEc. -:L De it further enacted by the authority aforesaid, Tltat :-:aitl commission :,;hall have full power and authority to provide by ordinance for appeal from judgments rendered in recorder's court; provided, defendants taking sud1 appeal shall first pay all costs and shall give bond in double the amount of fine imposed, or give an appearance bond in snch an amount as the ref'order nu1~- ass0ss, and, provided, furtl1er, that all appeals shall he madt> within four days from the judgment complai1wd of and shall he ltPan1 hy said commission within (1.)) fifteen day,.: from tlH date of appeal, unless sai<l

wEDNESDAY, AuGusT :2, 1916.

567

hearillg shall be postponed to a later date upon legal showing,'' and further amend said bill by renumbering all succeeding sections, beginning with pre:-:ent Section --1-:i, being numbered 44.

J,_l\IENDl\iE:KT 12 .
.Amend Section 44 hy inserting between the words "profession" and "annually" in the eighth line tlw follo\\ing- words: "in the corporate limits of said
cit:-, h:- themselYes, or their agents, to register their
mm1es, husiness, calling, Yocation or profession.''

~-hiEXDl\1ENT 1:).
_\.llWIHl Section 98 by striking the figures '' 191:) '' 11hne same appear therein and substitute therefor the fignr0s "1919."

_:-\.1\lEXD:\iEXT 1--1-.
_\m~ml Sed ion 100 by striking the name "James C. Harris" where same ap11ears therein and substituting therefor the name "\Y. P. Jones."

The following Senate hills were read the first tinw, to-wit.:

B:- ::\f r. Smith-
_\. hill to amend an _\ct to create the office of Com-
missioner of Roads and Re,enuel' for the county of Henry.
1\Pferred to l 'ounties ;m<l County ::\Tatters Committee.

5(}8

.JocRNAL OF THE SENATE,

By .Mr. ::VIcLaughlinA hill to require the warden in charge of convict
road hands in the several counties, when a public road runs through an incorporated town to work the road through such town.
Referred to Counties and County :Matters Committee.
The following Senate bill was recommitterl to the General .Judiciar~r Committee, to-wit.:

By }l[r. ~~damsA bill to regulate the sale of poisonous fly paper.
The following Senate bill, which was set as a special order, was taken up for a third reading. to he put upon its passage, to-wit. :

By :Mr. StovallA hill to repeal an Act approved August 14, 1913,
to regulate tax returns, to create board of tax assessors, and for other purposes.
::ur. Pickett of the 41st District offered the following amendment:
Provided, however, that this Act shall not become effective unless suhmitted to the Yoters of this State at the next general election in the manner prescribed by law and ratified hy a majority of the votes cast at said election, and the authorities of thiR State "hose (luty it is to prepare the hallots of the voters shall have written or printed upon said hallots the words "For ratification of the Act repealing the

'VEDNESDAY, AuGusT 2, 191 G.

569

Tax Equalization Law'' and the words ''Against the Act repealing the Tax Equalization Law," and a majority of the votes cast at said election shall detennine the effect hereof; and it is hereby made the duty of the election lllanagers to count said ballots and make returns to the Secretary of State, who shall certify the result of said election to the Governor, who shall declare the result thereof by publication in the manner prescribed by law in other elections.

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.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Fagan, T.V. Fletcher, H. M. Goolsby, B. F. Haralson, Pat

ll'IYhin, T. 'vV. Harrison, W. T. Holtlen, .Jno. F. Lawrence, A. A. .:\linter, C. C. .:\foon, E. T. McCrory, C. R. }fcFarland, J. R. McLaughlin, B. F. Paulk, Geo. A.

Paulk, M. J. Pickett, D. C. Pickett, Roscoe Smith, E. M. Stovall, A. S. J . Thomas, J. R. Tison, Mark
Tracy, C. C. Trammell, J. R.
Wren, W. ;r.

Those voting in the negative were :Messrs.-

Bonner, T. B. Peacock, Z. V.

Ward, C. A.

way, J. B. "

Those not v~ting were Messrs.-

Carlton, J. A. Dobbs, E. P. :r:nkes, W. J.

Uillis, N. L. Mangham, J. J. R.ansom, W. :\f.

Turner, T. R. Walker, J. D.

Ayes 31, nays 4.

The amendment was adopted.

510

JorR:::o;AL lW THE ~EXATE,

The report of the eominittP<', which wa:' favorable to the passage of the bill, was agreed to as amended.

"C pon the passage of the bill the ayes and nays

were ordered.

.

Those voting in the affirmative were Messrs.-

Adams, J. 0.
Bail!')', L. s.
Bonner, T. B.
Boykin, H. A.
Buchanan, \V. A.
Burnside, J. B. Dohh~, E. P:
Fagan, T.V.
Fletcher, H. lf.
C. ill is, X. L.

llnol~h~. B. F.

Hnral~on. Pat
Harhin, 'f. w.

Hani~on, \V. T.

lfoldf'll, .fno. F.

:\loon, F T.

c. :'lf~Crory,

R.

)fd'arlana, J. H.

)lcLnughlin, B. F.

Paulk, Geo. A.

Paulk. M. J. Peacock, Z. v.
Pickett, Roscoe
Smith, E. M.
Sto\all, A. s. .J.
Thomas, .T. U.
Tison, :\lark
Tra ...Y. l'. ('
Trammell, .J. R.
\Vard, c. A.

Those voting in the negati \'e were :\Iessrs.-

Akin, L. R. Callahan, J. W. :'lfangham, .J. T.

:\lintcr, ('. C.
Pik~>tt. n. c.

Wa~. J. R. Wren. W . .T.

Those not voting were :Messrs.-

Carlton, .r. A.

Lawrence, A. A.

Turner, T. H.

E~kcs, W. J.

R>liiROIIl, \\'. )f.

\\'alker, .T. D.

\yes 30, nays 7.

The bill, having rPceived the requisite eonstitutional majority, was passed as amended.

Cpon motion the abon hill was onlPrPd munecliately transmitted to the House.

rpon motion of :\fr. Burnside Senate Bill Xo. i31:l was recommitted to the Pensions Committee.

The following House hill was taken up with Renate amendnwnt. in which the Honi"e refused to concur, to-wit.:

"'YEDSESDAY, ArGrsT 2, 19Hi.

571

By ~lr. Knight of BerrienA bill to repeal the Act creating the City Court
of X ashville.
On motion of :;'\fr. Paulk of the 6th District, the Senate insists on its amendment.
The fol1owing resolution wa~ read the first time and ordered engrossed, to-wit.:

By 1\Ir. ~IcCroryA joint resolution providing that the Commission
on Public Printing be authorized to let out public printing as in their judgment seems for the best interest of the State of Georgia, until the final determination of the injunction now pending in the courts of this State against said Commission of Public Printing, filed hy the Byrd Printing Company.
The hour of adjournment having arrived the Senat(> adjourned until tomorrow morning at 10 o'clock.

.JOUHNAL 0.1:<' THE SENATE,
'fhursday, .-\ ugust :~, 1916.
The ~enate met pursuant to adjournment at 10 o 'eloek, A. .:\.J., and was ealled .to order h~ the Pre~i<len t.
Prayer wa~ o-fferPcl by the Chaplain. By unanimous con~ent the call of the roll was dispensed with. By unanimous eonsPnt the reading of tlw .Journal of ~estercla~'s session was dispensed with. The following Senate hill was taken up for a third reading, to lw put upon it:-; passag<', to wit.:
B~ }[r. Dohbs.\ bill to amend the charter of City of ::\farietta. The report of the committee, whieh "as favorahle
to the passage of the hill, was agreed to. Upon the passagt' of tlw hill th<' a~pr-; \\"('re :~o.
na~s 0. The bill, having reeeived tlw refJuisitf' eonstitn-
tional majority, was pas:-;ed. The following House rPsolutions awl hills \Y<'l'e
read the first time, to wit.:
By ::\Ir. Lunsford of LeeA resolution to pay the pension of ::\[rs. L. ::\f.
Tyson that had accrued, but not paid at her death.

THeRso.n-, ArGUST 3, 1916.

573

Hf'fen<>!1 to .Appropriations Committee.
B~ ::\1 r. ~\nd0rson of Banks..:\ resolution to provide for the payment of a
pension to :Mrs. Fannie \Villis, widow of John "\Villis, Confederate YetPran, for year 1913. .
Heferred to ~\ ppropriations Committee.

B~ ::\Jr. Bale of Flo~d~\ resolution to pay lJPilSion of John vVard for
y0ar 1915.
Referred to Appropriations Committee.

B~ ::\[essrs. Swift, )Yeill and \YohlwenderA bill to amend the dmrter of the City of Col-
umbus.
Hf'ferred ,to Corporations ( 'ommittee.

By ~lr. Carter of BaconA bill to provide for holding three terms a year of
the Superior Court of Bacon Count~'.
Heff'rred to Special J ucli<'iary Committee.
By ::\Ir. Haynes of Gordon-
.\ bill to appropriate $500 to the Trustees of Re-
saca ('onfederate ('emetery.
Referred ,to Appropriations Committee.

B~ ::\Ir. Towles of Butts~-\ bill to amend the charter of the town of Flovilla.
Referred to Corporations Committee.

;)74

.JOl"R~AL OF THE SEXATE,

By ~lessrs. Steele and Smitl1 of DeKalbA hill to amend the eharter of the town of J)peatur.
Referred to ('orporations Committee.

B: :\f r. Burrus_s of ~[organ~\ bill to fix the salary of the Treasurer of :\[organ
County.
Referred to Counties and County Matters Committee.

By ~Ir. Knight of Berrien~.\ hill to amend an Act relative to the terms of the
Superior ( 'ourt of Berrien County.
Referred to Special .Tut1iciary Committee.

By :Jiessrs. Atkinson, Blackburn and .Andre\YS~-\. bill to fix the salary of the Treasurer of Fulton
County.
Referred to Counties and County }[atters Committee.

B: :\I r. Baggett of Paulding-.-\ hill to fix the salary of Count: Treasurer of
Paul<1ing County.
Referred to Counties and County }[atters Committee.

By .\fr.\mold of lTPIJry~\ hill to aholish thP offi<'(' of Treasurer of Hem:
( 'ounty.

THcRSDAY, A.n:;t:sT 3, 1916.

575

Hefcrre<l to Counties and County Matters Committee.

B~- ~Ir. DaYis of Laurens.\ hill to amf'IHl the charter of City of Dublin.
H0ferrf'd to Special .T mlieiar~ ( 'ommittee.

B~- ~I essrs. Allen aD<l Starke of .Taekson. \ hill to incorporate the tow11 of Braselton.
RcferrPd to Corporations Committee.

By ~lf~ssr~. Hopkins and BowersA hill to provide a new eharter for the City of
Boston.
Heferred to ( 'orporations ( 'ommittee.

B_,. ~Jr. Elders of TattnallA bill to amend the roacllmYS of Evans County.
Referred to Public Roads ( 'ommittee.

B~- ~Ir. Elders of Tattuali.A bill to amend an Act ereating- a Board of County
Commissioners for Evans Count~-.
Referred to Counties and Count~ Matters Committee.

By :\lr. King of Greene.-\ hill to amend an Act <'rf'ating the City Court of
(heens horo.
Heff'ned to Special Judiciary ( 'ommittee.

576

.Tot:RXAL OF THE SENATE,

By nfr. Pickeren.A bill to amend an Act to require the ( 'ount~ Com-
missioners of Charlton County to pay the to"n of Homeland certain road tax mone~.
Referred to Corporations Committee.
The follo.,ing bill of the House was tabled, to wit.:

B~ ::\fr. Pharr of Gwinnett~-\ bill to abolish the office of Treasurer of Gwin-
nett County.
::\Jr. Bonner, of the 31st District, Chairman of the ( 'ommittee on Hygiene and Sanitation, submitted the following report:

1lh. President: Your Committee on Hygiene and Sanitation has
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 pass, to wit.:
~-\ bill to regulate marriages and marriage licenses. Respectfully submitted, THos B. Boxx ER, Chairman.
::\[r. :Moon, of the 37th District,lrhairman of the ( 'ommittee on General Judiciary, submitted the following report :

Jfr. President: Your Committee on General .Tudiciary has had
under consideration the following bills of the Senate

ancl ini'truded me as their Chairman to report same hack to the Senate with the rePommendation that :-;nnw clo pa:-;s, to wit.:
~\ hill to make it a enme to steal gas, and for other purposes.
~\ hill to proYicle and authorize the payment of a he to sheriffs and other arresting officers who ma~T raid clistilleries of intoxicating liCJnors, etc.
~\ hill to provide for the Yerifieation of .instrumt>nb entitled to record an(l to ]H'ovide for fr0e aecess to puhlir reeords.
Your committce has further ha<l under consideration tl1e following hills of the House, and instruct me, as their ( 'lmirman, to report same back with a neommendation that same do ])ass, to wit.:
~\ hill to alter and amend Section 371 of the Code of]!)]() with regard to the crime of incest.
,\ bill to amend an Act increasing the number of tPrm:-; of the Superior Court of \Yhitfield County.
)'our eommittee has further had under consideration the follo"~Ying resolution of the House and instruct me, as their Chairman, to report same back to Senate with the recommendation that same do pass, to wit.:
,\ resolution for the relief of John T. Dorgan. Respectfully submitted, E. T. ::.\fooN, Chairman.
::\1 r. :\clams, of the 33d District, Chairman of the

578

Jot.:RNAL oF THE SENATE,

Committee on Special .Judiciary, submittell the following report:

.Mr. President: Your Commit~ee on Special Judiciary has had
under consideration the following bills of the House and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit. :
A bill to amend an Act entitled an Aet to abolish Justice Courts in the City of Macon.
A bil1 to amend the Act establishing the :\Iunicipal 'court of Savannah.
A bill to ereate a Recorder's Court for Tennille, Georgia.
A bill to amend an Act establishing the ('ity Court of :Macon.
Your committee has further bad under consideration the following resolution of the House, and instruct me, as their Chairman, to report same hack with a recommendation that it do pass, to wit.:
A resolution for the relief of Press Buxton. Respectfully submitted, J. 0. AnAl\iS, Chairman.
:M:r. Stovall, of the 30th District, ~.\.cting Chairman of the Committee on Engrossing, submitted the fo1Iowing report:

111r. President: Your Committee on Engrossing has examined and

rrHURSDAY, AuG"UST 3, 1916.

579

found properly eng-rossed and ready for transmission to the House the following bill of the Senate, to wit.:

A bill to repeal an Act approved August 14, 1913, to regulate tax returns, to create a Board of Tax ~<\ ssessors, etc.
Respectfully submitted, A. S . .T. STOVALL, Acting Chrmn.

:Jfr. Peacock, of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

Jh-. President: Your Committee on ( 'orporations has had under
consideration the following bilh; of the House, and instructed me, as their Chairman, to report same hn<'k to the Senate with the recommendation that same do pass, to wit. :
~-\ bill to amenl1 charter of the City of :Jlacon.
A bill to amend an Act ineorporating the town of Ball Ground.
A bill to amend the charter of woodland, Ga.
A bill to amend an Act incorporating the town of Portal.
_,:\ hilJ to amenfl the charter of the town of Hoschton.
Respectfully submitted, PEACOCK, Chairman.

580

Jo"LRNAL oF THE SEN.-\TE,

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

Mr. President: The House has concurred in the Senate amend-
ments to the fo1lowing bills of the House, to wit.:
~l bill to abolish the office of Treasurer of ,Jackson County.
A bill to create the office of ('ommissionr>r of Roads and Revenues for Telfair County.
A bill to ereate a Board of Commissioner:-: of Roads and Revenues for Polk County.
The following message was received from the House through }fr. Boifeuillet, the Clerk thereof:

llfr. P1esident: The House has passed by the requisite constitu-
tional majority, the following bills of the House, to wit.:
A bill to amend Section 3438 of the Code, relatin to illegal interest.
A bill to amend Article 6, Section 13, Paragraph 2 of the Constitution relative to Solicitors-General.
A hill to provide for special registration for (>lection in any county relative to creating a debt.
A bill to prohibit what are commonly called "Popularity Contests.''
A bill to amend an Act creating a new charte>r for the City of Lawrenceville.

TRCRSD.n, AuGUST 3, 1916.

581

A bill to fix the salary of the Treasurer of Sumter County.
A bill to provide for appointment of umpire by any court of record in fire insurance appraisals in county where loss occurs.
~-\ bill to amend an Act creating- a Board of County Commissioners for Tattnall County.
A bill to amend an Act creating- the City Court of Jefferson.
A bill to amend Act establishing City Court of McRae.
A bill to amend Act establishing City C'ourt of Douglas.
A bill to amend Act incorporating the toi\n of Hillsboro.
The folloi\ing message i\as received from the House through ~Ir. Boifeuillet, the Clerk thereof:
.J.llr. President: The House has passed by the requisite constitu-
tional majority the foll?wing joint resolutions of the House, to wit.:
A resolution to appropriate one thousand dollars for improvement of Confederate Cemeter~- at ~Iar ietta.
A resolution to pay expenses of funeral of .J. \V. Morrell.
A resolution to pay pension of ~Irs. W. E. Stebbins.

58:2

JouRNAL OF THE SENATE,

A resolution to pay pension of ~Irs. Hulda Whitehead.
A resolution to pay pension of ~irs. Hamil.
A resolution to pay pension of 11rs. J. W. Brittman.
A resolution to pay pension of Mrs..J. E. A. Spence.
A resolution to pay pension of Mrs. L. E. York.
A resolution to appropriate funds to pay expenses and per diem of the Committees of House and Senate.
A resolution for relief of R. N. Chunn.
A resolution to pay pension of 1\'Irs. Sarah A. \Yilson.

A resolution authorizing the Governor to apportion certain funds due several counties relative to agricultural purposes.

The follo\\ing resolutions were read and referred to the Rules Committee, to wit.:

By ::\Ir. Boykin-
A resolution to set House Bill No. 20, known as the Priman- Election Bill, as a special order for Tuesday August 8, 1916.

By Mr. BurnsideA resolution to set Senate Bill Xo. 289 as a special
order for ::\ionday, August 7, 191G.

TH"CRSDAY, AUG"CST 3, 1916.

583

By ~Ir. BaileyA resolution to set Senate Bill No. 309 as a special
and continuing order for Friday, August 4, 1916.

By :\fr. wren-. A resolution fixing Senate Bill No. 322 as a special
order for Friday, A ug11st 4, 1916.
Upon motion, Senate Bill No. 263 was recommitted to General Judiciary Committee.
The following House bills and resolutions were read the second time, to wit.:

By Messrs. Yoemans of Terrell and othersA bill to authorize County and Local Boards of
Education to furnish school books to school children.

By Messrs. Fowler, Ayer and Barfield of BibbA bill to amend the charter of City of Macon.

By Messrs. Fowler, Ayer and BarfieldA bill to amend an Act to establish the City Court
of 1\Iacon.

By Mr. AndrewsA bill to provide for the cr-eation of the Georgia
State Highway Commission.

By Mr. RaglandA bill to amend the charter of the town of Wood-
land.

By l\fr. SimpsonA bill to amend the charter of the town of Ball
Ground.

38-1:

.TocRXAL OF THE SEx.-~cTE,

By :\lr. Stewart of Coffee-
A hill to repeal the charter of the tO\nl of \Vest
Green.

By :\Ir. Hutcheson of TurnerA bill to establish a count~ depositor) for county
funds of Turner County.

By :\fessrs. :\Iyrick, Shuptrine and .Tack:-;on~\ hill to amend the ..\d establishing tlw :\funicipal
Court of Savannah.

By :\lr. Harris of WashingtonA l1ill to create a Recorder's Court of the town of
Tennille.

By ::\fr. Clements of IrwinA bill to abolish the office of ( 'ount~ 'l'reasurer
of Irwin County.
B~ :\Ir..A.nderson of BanksA hill to abolish the office of Treasurer of Banks
County.
By :\Ir. ConnerA bill to amend an Act creating the City Court of
Griffin.
B~ :\Ir. ShuptrineA bill to amend the charter of the Presbyterian
Church of the City of Savannah.
By :\[es:-;rs. Allen and Stark of .TacksonA hill to amend the charter of the town of Hosch-
ton.

By Jlr. 11<>atlmYs of \\"ayne~\ hill to amend Section 3"11 of Code of 1910.
By }[r. Bradford of \\"hittield..\ bill to amend an ..:\ct increasing the number of
terms of \rhitfitld Huperior ('ourt.
By }lr. Fowler of Bibb~\ bill to amend an ~\ct to abolish the .Justice
Courts in the ( 'ity of }lacon.
By Jiessrs. Lanier aml \\~right~\ bill to am('Jl<l the charter of the tmYn of Portal.
By Jiessrs. \\"heatley and Sheppanl~\ resolution for th<> reli('f of ..:\gnes Clyde and J.
C. Carter.
By Jlr. Brown of \\'heeler_.:\ resolution to fnruish \YhPeler County with cer-
tain books from State Library.
By }fr. 1 onng of Tift..:\ resolution f01 the relief of J. L. Ford.
By :Jir. Evans of Scre,en..\ resolution for the r<'lief of Press Buxton.
By }fr. Shannon of Twiggs~\ resolntio11 to fnrni,.:h Georgia HPports to the
County of Twiggs.
Ry 1Ir. Oriffin of Lowndes~\ rt='solution for the reliPf of .T. II. Young.

586

J Ol:RNAL OF THE SJ~NATE,

By ~ir. Pickeren of CharltonA resolution to furnish Georgia Reports to the
Ordinary and Clerk of Superior Court of Charlton County.

By Mr. Blackburn of FultonA resolution for the relief of .John T. Dorgan.

By :Messrs. Blackburn and Andrews of FultonA resolution to furnish Supreme and Court of Ap-
peals Reports to the county of Fulton.
The following Senate resolution and Senate bills were read the second time, to wit. :

By ~Ir. :McCroryA resolution authorizing the Commissioners of
Public Printing to let out public printing as in their judgment seems best until the final determination of the injunction now pending.

By Messrs. Boykin and EakesA bill to create a warehoust' department for the
State of Georgia.
By ~lr. CallahanA bill to amend Section 3..J.;j6 of the Code of Geor-
gia.
By ~Iessrs. Goolsby and PersonsA bill to provide for payment of a fee to sheriffs
who raid and seize distilleries.
By Mr. Stovall.:\ bill to regulate tlH issl.1ing of marriage lii'NlSNi.

Tm.:RSDAY, Arm.sT 3, 1916.

587

By }fessrs. JicLaug-hlin, Lawrence and others-
A bill to provide for the appointment of an umpire by any court of record, in fire insurance appraisals.

B~- Jlr. Paulk of Gth District-
A bill to amend Article 7, Section 12, of the Constitution, so as to increase the bonded debt of the State for the extension of the \V. & A. R. R.

By }[r. Paulk of ];)th District-
A bill to provide for the verification of instruments entitled to record and provide for free acces io public records.

By }fr. PersonsA bill to make it a crime to steal gas.

B~ Jfr. LawrenceA bill to confer upon the Superior Courts the
powers to allow and accept the surrender of corporate franchises and charters.
By }fr. LawrenceA hill to amend the charter of the town of \Yarsaw.

By ::\Ir. Goolshy-
.A bill to make it unlawful for any person, firm or corporation doing a warehouse hnsiness to receive eotton, eottonsN'cl. etr., for storage, without insuring the same.

588

.JouRXAL OF THE SENATE,

By 1\lr. Tison-. A bill to fix the salary of thf:' Treasurer of \Vorth
County.

B~, :\lr. LawrenceA bill to prescribe tlw number of .Judges of the
Court of Appeals.

B~, ~Ir. W a]kerA biJl to create the Department of Banking in the
State of Georgia.
The follo\ving bills and resolutions of tile I louse were taken up for a third r<'ading, to lw put upon their passage, to wit.:

By :\Ir. Hushin of DoolyA bill to abolish the office of County Trcasurpr of
Dool~- County.
The report of the committee, which was f~lYorable to the passage of the hill, was agreed to.
Upon the passage of the bill the ayes were :~o, nays 0.
The bill, having re<~eind the requisit(' constitutional majority, was passe<l.

By }[r. King of JeffersonA hill to abolish thr office of Treasurpr of .T('ffer-
son County.
The report of the committee, which was fmorable to the passage of the bill, was agreed to.

THCR::>DAY, AnrcsT 3, 191G.

589

Upon the passage of the bill the ayes were 30, nays 0.
The hill, having received the requisite constitutional majority, was passed.

B~ ~lr. Ntewart of Coffee~\ hill to incorporate the City of Pearson.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
"Cpon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
B~ ~I r. King of .TeffersonA hill to amend an Act approved December 13,
] 8/J, relating to the Count~ Commissioners of J ef-
ferson Count~.
The report of the committee, which was favorallle to the passage of the bill, was agreed to.
L"pon the passage of the bill the ayes were 30, nays 0.
The bill, haYing received the requisite constitutional majority, was passed.
B~ jfr. Ledbetter of Polk~\ resolution for the relief of T. A. BnlchYin and
the Catoosa Springs Compan~. The ieport of the committee, which was fayorahle
to the passage of the resolution, was agree<l to.

;)~)0

JorRC\AL OF THE SEXATE,

rpon the passage of the resolution tlw a~p:- \\'l'l'l' 2G, nays 0.
The resolution, having received the requisit(' <"Ollstitutional majority, was passed.

B~ .:\Ir. King of JeffersonA hill to amend an Act to establish ti1v ( 'ity
( 'ourt of Louisville.
.:\Ir. \Vren offered the following amenclnwnt, whi<h was adopted, to wit. :
::\lr. \\'ren of the 1Hth moves to amend lions< Bill X o. ;)H-1- as follo\\S:
B~ striking after the \Yon] "po\Yers", in tht third line of the <aption of said bill nnd h0for0 tlH word "to", in tl1e tenth line, the following words:
"To pro,idP for the appointnJtnt of t.l1e .J ndgc and Soli<itor of saitl <'Ourt antl to define thl'ir pOIYers and dntiPs, so as to proYide for tlw elPdion of thP .TudgP and Solicitor of sai<l Cit~ Court in LouisYillP h~ YOtP of thP peoplt>, to in<naH~ ti1P .inrisdie-
. tion of th< monthlY. tl'rm of said <onrt from ~100.00
to $;)00.00; to provide for tlH trial of eiYil aml crinlinal ca:->C's at month!~ tNms \Yithont internntion of thP jun."
To strike after the wonls "JlC'l' annum", in th< elev<'nth line, the following words: ''to al!o\\ the ( 'ltrk of said court fpes for nronling tli< re<'onls nf u1srs tried in said court, and for otlwr purposes", so thnt the <'Hption, when anwndcd, sh;dl nnd as follows:

THL"RSDAY, A-cG"CST 3, 1916.

591

''An Act to amend an Act approved August 19, 1911, to establish the City Court of Louisville, in and for the County of Jefferson, by fixing the salary of the Solicitor of said court at $900.00 per annum, and for the payment thereof of said salary by the Treasurer of the County of Jefferson, and providing that all cost~ and fees provided by said original Act to be paid into the County Treasury of Jefferson County, and for other purposes."
By striking from said original bill Sections Two, Three, Four, Five and Six and inserting a section to he known and numbered as Section Two, as follows:
''Section 2. 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.''
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
Upon the passage of the hill as amended, the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following Senate hill, which was set as a special order, \H1S taken up for a third reading, to be put upon its passage, to wit.:

By ~Ir. Lawrence-
A bill to amend the :;everal Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purpo~es.

592

,JorRXAL OF THE ~EX.\TE 1

l' pon motion of ::\Ir. StoYall the s(l:o;:-;ion \\as txtt>nclNl until this bill wns disposed of.

-:\Ir. Piekett of the 11th Distric-t~ oft\r('d tlw follo"ing amendment:

. :\mend the anwlHlment by athling tlw following at thf.' end of Sedion 2:

"The truth of tlw eharges set forth in said jwtition for re<'all, shall be support(d by affitlaYit of 110t lts:;: than ;) freeholders.''
e pon the adoption of this amendnwnt tht ayps
Hll(lnny:-; WPre onlerPd and the Yote \YH:' as l'ollow,;, to wit.:

Those Yoting Ill tlw affinnatin~ Wt>re :\l<'ssrs.-

A.lmns .T. 0. Railey. L. S. . n,el.nnan, ''" ~\. Burnside, J. B. (':nlton..I. A. Dobbs, E. P. Fletdwr. 11. 1L

( ioolshy. B. F.
Haralson, Pat Lawrenee, ,\, A . .\fa11gham, .T. J.
.\leLaughlin, n. F. l'anlk, .\!. .r.
Peacock, Z. V.

I'i .. kl'lt. IJ. ( '. l'iekett. Hu~eoe Smith. E. .\1. Thonw>..T. H. Tramn:o!l. .1. H. Tnn~<'l', T. 11.
\\'nlktr. .r. ll.

Those Yoting in the negative were ::\Ies,;rs.-

Akin, L. H. Bonner, T. B. Hoykin, II. A. Callahan, J. W. Harhin, T. W. l!arri~on, \V. T.

ll:>lt!en, .Tno. F. \lintl'r, C. C. \loon. E. T. :'Ire( 'rury. C. H. :'II<- Farlanl.J. H. Rtomll, A. S.J.

Tison, .\fark
Tr::o.1. t e.
Ware!, C. A. \\a~. J. B.
\\'nt:. \\'. .r.

Thos( not voting \Yerc ::\fe~:-:rs.-

F;tlH':--i, \\. J. Fagan, T.V.

llillis, ~- L. l'anlk, (;pn, .-\.

'l'lil' HJII('lH]nwnt was ndopt(d.

::.11. LawrPllCP lllOYPd to table tbe hill.

l~ pou this motion the a.ns and 11<1~:-; \H'J'l' ordered, and the vote 'IYas as folio":-;, to wit.:

Those voting in the affirmative \Yere ::\fessrs.:

Adams, J. 0. Baik~, L. S. Btwhanan, \V. A. Bnrnsitlc, ,] . D. Carlton, J. A. J>ohbs, E. P. Flet<her, H. ?II. C:illis, N. L.

Haralson, Pat L::nvrence, A. A. ~\f~1ng-ham, J . .T. :llrLaughlin, B. F. Paulk, :\I. T. l'eaeork, Z. V. Pickett, D. C.

Pickett, Roscoe 1:-'mith, E. ?II. Thomas, J. R. Tison, :\lark Trammell, .1. R. TnrnC'r, T. H. \Yalker. J. D.

Those ,oting in the negative \\'ere ::\Iessrs.-

Akin, L. H. Bonner, T. D. Boykin, II. A. Callahan, .T. \V. (:oobhy, B. 1'. Hallin. T. W.

J[:nri,on, \Y. T. l!o]ol(n, .lno. F.
:\lintC'r, C. C. .\lollt. E. T.
..:~r cror~. c. R.
:\ld'arland, ,J. R.

St<~Yall. A. S . .1. 1 r;:c,,-. ( . ( . \\'artl, ('. A. Way, J. B. \\' l"PII. \\', ,f.

'rlwse not voting were Messrs.-
T-:akrs, \V. J Fagan, T. Y.

ThP motion wa:-; <u1opt<'c1nml tiH hili wns tahlc>cl. ~\t 1 :1:i o'cloC'k, p. lll., the. ScnatP adjourned until tOINOITO"' morning- at 10 o 'clock.

.TocRNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
Friday, August 4, 1916.
The Senate met pursuant to adjournment at 10 o'clock A. ~f., and was ca11ed to order by the PrcRident.
Prayer was offered by the Chaplain. By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The following Senate bill was read the second time and recommitted to the Committee on Counties and County :Matters, to-wit.:
By ~Ir. McLaughlinA bill to require the warden of convicts in the seY-
eral counties of this State, when a public road runs through an incorporated town or city, to work out the same.
The following resolution was read and adopted, to-wit.:
By :Mr. Persons of the 22nd District\VHEREAs, It has been insinuated in the daily press
that the unfortunate difficulty occurring last night, in which Thos. B. Felder was injured, was the result of a hired attack upon said Thos. B. Felder at the

FRIDAY, AFGUST 4, 1916.

395

in~tance of those framing the SaYannah recall bill; and
\YHEHE.\S, It is wen known that the Hon. A. ~~ Lawrencc, Senator from the 1st District, is the author of the recall bill; and
\YnEHEAs, Said published insinuation might be considered a reflection upon the character and honor of the distinguished Senator from the 1st District; and
\VHEREAS, The distinguished Senator of the 1st District is one of the most capable, beloYed and honor<:>c1 members of this Senate:
Tt is th0r0fore resolved b~' the Senate of Georgia, That WE' hereb~' express our unbiased confidence in tlw int0grity, character aml abilit~, of "\. A. Lawrence of the 1st District, and take this means of expressing our disapproYal of any intimation which might refiE>ct upon him in an~' manner whatsoeYer in ronn<:>dion ,..,..ith said difficult~, of last night.
Be it further resolyed, That these resolutions be entered upon the .Journal of the Senate.
:Jfr. Boykin arose to a question of privilege and addressed the Senate as follows:

ilfr. President:
The ..:\ tlanta ne\YSpapers earrying a report with refprenC"e to a difficult~, that oeeurretl last night in the Kimball House between Thos. B. Ji'elder and the doorkeeper of the House of HepresentatiYes, state that the difficulty grew out of the fight on the floor y0sterday of this Senate of the Savannah Recall Bill.
I desire to state that I am reliably informed b~' a gentleman whose int0grity is unimpeached and

.JorRXAL oF THE SE~ATE,
whose personality is such that his word cannot be questioned, that in this difficulty between the gentlemen that no reference was made to the Savannah Recall, or to any member of this body, but that the difficulty grew out of remarks that :Mr. Felder is alleged to have made about Speaker Burwell of the House, which were resented by the doorkeeper.
.Jir. President, as a member of this body, the Senator from the First is my colleague, he is a man of ability, character and whose motives haYe always been honorable. The innuendo thrown out is not onl~ an injustice to him, but to the entire Savannah delegation and to the good people of Sanmnah who are for this recall bill. The delegation from Savannah, <IS well as the Senator from the First, need no defense at the hands of their colleagues, but I, as a member of this body, must respectfully enter my protest to the people of Georgia as I consider it an insinuation on their motives and a reflection on their character. Senator Lawrence is one of the ablest as well as one of the most honorable men in this Senate. He fights fair and square from the shoulder and has at no time and under no consideration, countenanced such tactics, and I, as a member of this body and as a Senator from an adjoining district, rise to enter my protest against this injustice to him and his delep,-<1tion b~- innuendo or otherwise.
Per:"onall~- I am against the recall hill and propose
to fight it to the last, but Senator Lawrence is <In
honorable and respect0rl nwmher of this hod~- and T will not stanfl h: and s00 hi:=; rharader assassinatPl by such statements when the proof is to the contrar~-.

:F'RIDAY, A"LG"LST -!, 1916.

597

~Jr. vValker, Chairman of the joint committee to consider amendments and additions looking to tlh~ perfection of the "Tax Equalization Law," snlnnitted the following report:

Mr. Pre~ident:
Your joint committee of the Senate and House, appointed under Senate Resolution Ko. 93, to consider amendments and additions looking to the perfection and improvement of the Tax Equalization Law, and to the further equalization of property not onl~- hetween ind.iYiduals, but between the counties, herehy hC'p: leaw to make the following report:
First: Your committee recommends that the suggestion of the State Tax Commissioner in hiR annual report with reference to the convention of the board~ of equalizers of the counties, be adopted, and that the State Tax Commissioner be given the authorit~ to call a meeting or convention of chairmen of the count~- boards of tax assessors, or one representative of each of the boards of tax assessors biennial]~' to be held in Atlanta. for not more than two (2) da~-s session for the pi.upose of consultation and se<'uring co-operation in the enforcement of the tax ][lws of the State, and to facilitate the ef]ualizatioll of taxes between individuals and tlw various counti<:-; of the State, and said members attending such eonvention be 11aicl a per diem of ~4.00 while actuall~ att<'ndinp: tlH.'reon, together with their actual traveling- expenses, the same to he paid by the State on thr "arrant of the GovNnor, C'ountersigned h~- .the

JorRXAL OF THE SEKATE,
Comptroller-General, proYided the vouchers are ..:ertified by the State Tax Commissioner.
Second: Your eommittee further recommends that one-half (1-2) of the total expense to the various counties of the county hoards of tax assessors, ineluding salaries of the members and clerk,;, and all expense in equalizing and valuing propert~- of th! county for State and count~- purposes shall he paid by thp State, aml clwrg<'d against the amount of taxes due the State b~r the county tax colleetor, the total amount of said expense to he certified b~- the chairman and secretary of said board under oath to the State Tax Commissioner.
Third: Your committee further recommeuds that, in tlw intere:-:t of economy in the admiui:<trntion of the .\ct, that that class of propert~- known as lanch and city property shall he asse>ssed hienniall~ h~ the county boards of tax assessors, and only transfers of property in individual cases of appeal, or equali?:ation he consirl<>red hy said homrl upon th<> alternntP year.
l''omth: Your committee furtlwr neommemls that the Act lw so anwnded as to relieve the members of the count~ boards of tax assessors from the law nhich nnw makes said members ineligible to hoW any Stat<', count~- or municipal offic-t> for onf' year after the expiration of their term of office.
Fifth: Your committee further recommends that SPction 5 of the Act relatiYe to the employment of a tax discoverer he ~o amended as to proYicle that the commission agr<>Nl and <'ontracterl to he paid h~

:b'RIDAY, Al:GU8T 4, 1916.

599

the county board of tax assessors to the discoverer shall not be paid until the taxes upon such discovered property placed upon the tax books shall be paid into the county treasury, and the amount of the commission contracted to be paid said agent upon such undiscovered property shall be added by the tax collector to the State and county ta.'{es recovered upon said property according to law.
Sixth: Your committee further recommends that in order to raise more revenue for the State of Georgia, and for the counties of the State, and because of the protection furnished by the records and the courts, that a bill supplemental to the Tax Act he passed by the General Assembly of Georgia, placing a small record tax upon mortgages, security deeds, trust deeds, conditional sales, reservations of title, and all other similar written contracts creating a lien upon or reserving title to property, which tax shall he paid to the clerk upon the record of said instrument or the renewal of said instrument, and whirh ~our committee suggests should not exceed the sum of fifteen (15c) cents per hundred dollars, which tax should be delivered monthly by the clerk to the tax col1ector of each county, less a commission of not to exceed five per cent. (5%) to the clerk for handling and collecting same, which tax your committee suggests should he by the ta.'{ collector of each county apportioned equally between the Rtate and county. And your committee further recommends that the bill should prohibit the foreclosure or in any manner the enforcement of any such debt-securing instrument, unless it shall show upon its face that the rec-

(jt)O

JorHXAL OF THE ~EXATE,

ord tax and renewal record taxes haYe been duly paid under the provisions of the Act.
Respectfully submitted, Jxo. D. \YALKEH,
Chairman Senate Counnitt<'e. A. A. L_-\WREXCE.

UAHLAXJJ ::\1. ,J ux ES, Chairman Hou:-:e ( 'onm:itt<e.
H. H. S\YIFT, J OIU\ \\'. B.\LE, BEx J. Eim-,uw,.;.
::\Ir. :\loon of the 31th District, ~\ding Chairman of the ( 'ommittee on Engrossing, :-:uhmitte><l til<' !'ullowiug report:

Jlr. Prcc;idellt: Your Committt>e on Engro'ising lHb examiwd and
found 1noperly engTossecl all!l read~- for tnmsmi:--
sion to the House the follo,Ying hill, to-~Yit.:
.:\hill to amelHl the charter of tlw city of :\Iarietta. Respectfull~- submitted. E. T. ::\foox, Yice-Clt:lintwJL
The follo\\-ing- resolution of the Hou,.;e \Y<Is read and adopted, to-\\it.:

By :.\[r. Fullbright of Burke.\ re:-:olntion authorizing tlJ<' (-im-ernor to appor-
tion ce>rtain funds.
The follo~Yin_g resolutions \Yere rearl and nf0ne><l to tl10 Hules Committee, to-wit.:

FRIDAY, A-cGlTST J., 1916.

()01

B~ ::\1 r. Bailey_\ rt'solution to set Senate Bill I\o. 309 as a special
and continuing order for )fonday, .Aug-ust 7th.

B~ )Jr. ::\IcCrory_-\. resolution to set Henate Resolution Xo. 110 as a
special order for tocla~, after unanimous consents.
::\Ir. Lawrence of the 1st District, Vice-Chairman of the Committee on H:nles, submitted the followingreport:

Jb. President:
Your Committee on Rules recommends that the following- resolution and bills of the Senate be made a special and continuing order for today: Senate Resolution Xo. 110, Senate Bills Nos. 333, 308, 273, 284, 316, 276 and 322.
Respectfully submitted, LAWREXCE, Vice-Chairman.

The report was adopted.
::\Ir. vVren of the 18th District, Chairman of the Committee on Ag-riculture, submitted the following report:

Jlr. President:
Your Committee on Agriculture has had under consideration the follO\Ying- bill of the Senate and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass by substitute, to-wit.:

G02

Jot:RNAL OF THE SENATE,

A bill to regulate the weighing and grading of cotton.
Respectfully submitted, W. J. WREN, Chairman.

)Ir. Adams, of the 33d District, Chairman of the Committee on Special Judiciary, submitted the following report:

1.lfr. President: Your Committee on Special Judiciary has had
under consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to provide for holding three terms of the Superior Court of Bacon County.
A bill to amend the Act providing for terms of Berrien Superior Court.
A bill to amend an Act to create a new charter for the city of Dublin.
A bill to incorporate the town of Braselton m J a<>kson Comity.
A bill to amend an Act creating the City Court of Greensboro.
Respectfully submitted, J. 0. ADAMS, Chairman.
Mr. Moon of the 37th District, 'chairman of the Committee on General Judiciar)', submitted the following report:

:F'RIJHY, ArarsT -1-, 1916.

603

Jlr. President: Your Committee on General Judiciary has had
under consideration the following bills of the Senate and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend Section 3306 of the Code of 1910.
A bill to make it unlawful to offer for sale any fertilizer without having the filler used in the manufacturing of the fertilizer printed on the sack.
Respectfully submitted, E. T. MooN, Chairman.

::VIr. Peacock of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

Mr. President: Your Committee on Corporations has had under
consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend an Act to create a new charter for the cit~' of Columbus.
A bill to provide a new charter for the city of Boston.
A hill to authorize the city council of Augush to require the grading, paving, macadamizing or otherwise improving- for travel or drainage of the streets of Augusta.

GO-!

.JOT:RXAL OF THE REXATE,

A bill to require and authorize the Board of Commissioners of Roads and Revenues of Charlton Count~- to pa~- mayor and council of Homeland certain road tax monies.
~-\ bill to amend an Act to establish a new chart<:~ for the town of Flovilla.
Your committee has further had under consideration the following bill of the Senate and instruct me as their chairman to report same back with a recommendation that same do pass, to-wit.:
A bill to repeal an ~\ct to amend an Act entitled an Act to create and incorporate the city of Blakely.
Respectfully submitted, Z. V. PEAcocK, Chairman.
The following message \\as received from the House, through 1\fr. Boifeuillet, the Clerk tlwreof:

JJ r. President: The House has passed by the requisite constitn-
tionalmajorit~' the fol1owing bills of the House, towit.:
A bill to fix the salary of the Treasurer of Hall County.
A bill to create a Bond Commission for the county
of Bacon.
A bill to reqmre contractors for construction of public buildings for State, count~r and municipalities to give bond.
A bill to amend the charter of Butler.

FRIDAY, ~\"LGUST 4-, J!)]l).

605

..-\_ bill to repeal an Act incorporating the town of Offerman .
.A bill to amend an Act creating the rity of J efferson.
A bill to amend an Act creating the charter of the city of Jefferson.
A bill to amend an Act creating Board of Commissioners of l\fontgomer~ County.
A bill to amend an Act incorporating the town of Bullochville.

~\ bill to repeal an Act incorporating the town of ~fa belton.

A bill to abolish office of County Treasurer in Thomas County.

A bill to fix the time for collecting commutation road tax in 'Thomas County.

The fo11owing message was received from the House, through ~fr. Boifeuillet, the Clerk thereof:

M1. P.resideut: The House .has passed as amended hr the requisite
constitutional majority the following bill of the Sen ate, to-wit.:
A bill to create the office of Supervisor of County Officers and County Records.
r.L'he following message was received from the House, through )fr. Boifeuillet, the Clerk thereof:

606

Jol:RNAL oF THE SE~ATE,

illr. P.resident: The House has passed by the requisite constitu-
tional majority the following bill of the House, tlwit.:
A bill to amend an Act entitled an Act for the protection of game animals and birds and fish.
'l'he following message was received from the House, through :.\Ir. Boifeuillet, the Clerk thereof:

Mr. President: The House has agreed to the Senate substituted
amendments to the following bill of the House, towit.:
To create a new charter for the city of Rome.
The following message was received from the House, through }fr. Boifeuillet, the Clerk thereof:

Mr. President: The House has passed by the requisite eonstitu-
tional majority the following bills of the Senate, towit.:
~-\ bill to extend the boundary line of :Jit. Airy.
A bill to establish and organize a college in town of C'rawfordville, to be known as Alexander H. Stephens Institute.
A bill to amend the charter of the city of .Jackson.
The following resolutions and bills of the House were read the first time, to-wit.:

FRIDAY, AuGUST 4, 1916.

607

By )Iessrs. :Morris and Dorsey of CobbA resolution to appropriate $1,000 for improve-
ments and care of Confederate Cemetery at Marietta.
Referred to Appropriations Committee.

By Mr. Reiser of EffinghamA resolution to appropriate $60.00 to the Ordinary
of Effingham County to payment of expense of last
illness and funeral expenses of J. W. :lforrell, indi-
gent pensioner of Effingham County.
Referred to App;ropriations Committee.

By Mr. Clarke of McintoshA resolution to pay ~Irs. W. E. Stebbins of :Mcin-
tosh County, widow of Chas. Stebbins, his pension for 1913.
Referred to Appropria6ons Committee.
Ry Mr. Edwards of WaltonA resolution to pay )irs. Hulda whitehead, a wid-
ow pensioner of walton County, the sum of $60.00 for 1914.
Referred to Appropriations Committee.

By Mr. Beck of CarrollA re_solution to appropriate $60.00 to pay pension
of Mrs. W. C. Hamil for 1915.
Referred to Appropriations Committee.
By Jir. Hines of TroupA resolution to appropriate $60.00 to pay pension
of Mrs. J. W. Brittman of Troup County.

(i08

.T<WR~.-\.L OF THE SE~ATE,

Hefc>rrPd to .\ppropriations Committee.

By .:\lr. Davidson of Putnam~\ resolution to appropriate the sum of sixty (~(i0.-
00) dollars to pa: the pension of .:\f rs. Z. E. A. Spruce of Putnam County for 191~.
Referrc>d to .\ppropriations Committee.

B: .:\fr. .:\[orris of ( 'ohb-
.\ resolution to Hl)proprinte $60.00 to pa: pension
of .:\frs. L. E. York of Cohh Count: for the yPar 1915.
Referred to Appropriations Committee.

By .:\Iessrs. Findle: of Flo:cl, Roberts of Hall and Dorsey of Cohh-
.-\ resolution to appropriate funds to pa: expenses and per diem of the various committees of the Honse and Senate.
Referred to ~\ppropriations Committee.

B: .:\Ir. Blackburn of Fulton"'\ resolution for the> n']ipf of .:\Irs. H. X. ( 'lnmn.
Referred to .:\ ppropriations Committee.

B: .:\Iessrs. .:\lonis and Dorsey of CobbA resolution to pay pension of .:\Irs. Satah ~-\.
wilson, widow of a Confederate veteran.
Referred to Appropriations Committee.
By Mr. Davis of LaurensA bill to amend Section :3-4-:3R of the Civil Code of
Georgia.

J:i'RIDAY, ArarsT J., 1916.

609

Referred to General Judiciary Committee.

By :Ylessrs. Swift and Xeill of MuscogeeA bill to amend Article 6, Section 13, Paragraph 2
of the Constitution.
Referred to Constitutional Amendments Committee.

By 1v1essrs. Rich of -:\Iiller and Peacock of Dougherty-
A bill to provide for the special registration for any election in any county to determine whether said county can create a debt.
Referred to General Judiciary Committee.

By :Jir. \:Vohlwender of -:\luscogeeA bill to prohibit what are commonly called "pop-
nlarit~ contests'' and to provide a penalty therefor.
~eferred to Heneral Judiciary Committee.

By Jfessrs. Pharr anrl Johnson of GwinnettA bill to amend an Act creating a new charter of
Lawrenceville.
Referre1l to Corporations Committee.

By :\fessrs. Olive, Beall and vVooclward of Richmond and Heath of Burke-
A bill to provide for the appointment of an umpire by any court of record in fire insurance appraisals in the county where the loss occurred.
Referred to Insurance Committee.

610

JorRN"AL OF THE SENATE,

By Mr. Elders of TattnallA bill to amend an Act creating a Board of County
Commissioners for Tattnall County.
Referred to Counties and County Matters Committee.

By Mr. Stark of JacksonA l:)ill to amend an Act creating the City Court of
Jefferson in the county of Jackson.
Referred to Special Judiciary Committee.
By l\Ir. Cook of TelfairA bill to amend an Act to establish the City Court
of ~feRae in and for the county of Telfair. Referred to Special Judiciary Committee.

By :\Ir. Stewart of CoffeeA bill to amend the original Act establishing the
City Court of Douglas and all amendatory Acb:; thereof.
Referred to Special Judiciary Committee.
By l\Ir. Key of JasperA bill to amend an Act to incorporate the town of
Hillsboro, Georgia, in Jasper County.
Referred to Corporations Committee.

By :\Iessrs. Short, Clements and SwiftA bill to amend an Act for the protection of game
animals, birds and fish.

-, F'RID-\T, AL"G{;"ST 1916.

611

Referred to Fish and Game Committee.

By Mr. Fowler of BibbA hill to require contractors for construction of
public buildings for State, county and municipalities
to gin' bond.
Referred to General Judiciary Committee.

B~' Messrs. Wheatley and SheppardA bill to abolish the office of Treasurer of Sumter
County.
Referred to Counties and County Matters Committee.
The following House hills were read the second time, to-wit.:

By ::\fr. Pickeren of Charlton-
A hill to authorize the Board of Commissioners of Roads and Re,enues of Charlton County to pay the town of Homeland certain road tax monies.

B) :Mr. Knight of BerrienA bill to amend the Act approved July 26, 1904,
provicling for terms of Berrien Superior Court.

By ::\fessrs. A1len and StarkA. hill to incorporate the town of Braselton.

By ::\[pssrs. Swift, X eill and \VohlwenderA hill to amend the charter of the city of Colum-
bus.

612

JouRNAL oF THE SENATE,

By Messrs. Olive, Beall and vVoodwardA bill to authorize the city council of Augusta to
require paving and grading of the streets in said city and collect assessments for the same.

By Mr. Davis of LaurensA bill to amend the charter of city of Dublin.

By Mr. King of GreeneA bill to amend an Act creating the City Court of
Greensboro.

By Mr. Towles of ButtsA bill to amend the charter of the town of Flovilla.

By Mr. Carter of BaconA bill to provide for three terms a year of the
Superior Court of Bacon County.

By Messrs. Hopkins and BowersA bill to provide a new charter for the city of
Boston.
The following Senate resolution was taken up for a third reading to be put upon its passage, to-wit.:

By Mr. }fcCroryA resolution proYiding that the Commissioner,; of
Public Printing be authorized and empowered to let out the public printing as in their judgment seems for the best interest of the State until the final determination of the inj_unction now pending in the courts of this State against said Commissioners of Public Printing filed by the Byrd Printing Co.

FRIDAY, A-uGlJST 4-, 1916.

613

Upon the passage of the resolution the ayes were 25, and nays 0.
The resolution, having received the requisite constitutional majority, was passed.
This resolution was ordered immediate!:- transmitted to the House.
The following resolution was read and adopted, to-wit.:

By Mr. }!cCroryA resolution that when the Senate adjourns today
it stands adjourned until 11 o'clock Monday.
The following House bills and House resolutions were read the third time to be put upon their passage, to-wit.:

By ~fr. BradfordA bill to amend an Act increasing the number of
terms of the Superior Court of \Yhitfield County.
The report of the committee, which was favorable to the passage of the bill, 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.

By ~Ir. Shuptrine of Chatham-
A bill to amend the charter of the Presbyterian Church of the city of Savannah.

614

Jo"l'"R~AL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 3G, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By .Messrs. Lanier and WrightA bill to amend an Act incorporating the town
of Portal, in the county of Bulloch.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bill, having rec~ived the requisite constitutional majority, was passerl.

By 1\fr. Stewart of CoffeeA bill to repeal an Act approved July 29, 1914, to
incorporate the town of West Green.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
"Cpon the passage of the bill the ayes were 3!), nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Messrs. Myrick, Shuptrine and JacksonA bill to amend the Act establishing the Municipal
Court of Savannah.

FRIDAY, ArousT 4, 1916.

615

The report of the committee, which was favorable to the passage of the bill, was agreed to.
r pon the passage of the bill the ayes were 30,
nays 0.
The bi11, having received the requisite constitutional majority, was passed.

By l\lr. Connor of SpaldingA biH to amend an Act creating the City Court of
Griffin.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
"Cpon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By ~fessrs. A1len and Stark of JacksonA bill to amend the charter of the town of Hosch-
ton.
The report of the committee, which was favorablE:> to the passage of the bil1, was agreed to.
"Cpon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By :Jir. Clements of IrwinA bill to aholisb the office of Treasurer of Irwin
County.

616

JorRNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, 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 .:\Iessrs. Fowler, Ayer and Barfield of BibbA bill to amend the charter of the city of .:\[aeon,
relatin to the closing of Pine Street in the city of :Macon.
The report of the committee, which was favorablb to the passage of the bill, 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 .:\Ir. Simpson of Cherokee-A bill to amend an Act approved August 21, 1911,
to revise and consolidate the several Acts incorporating the town of Ball Ground.
The report of the committee, which was favorable. to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitu- . tional majority, was passed.

FRIDAY, AL'liL"ST -t, 1916.

617

By Messrs. Fowler, Ayer and Barfield of BibbA bill to amend an Act establishing the City Court
of Macon.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bi11, having receind the requisite constitutional majority, was passed.

H~, ~fr. Fowler of BibbA bill to amend an Act to abolish .Justice Courts
in the city of :Macon.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
rpon the passage of the bill the ayes were :30, nays 0.
The bi11, having recei nd the requisite ronstitutiona1 majority, was passed.

By ::\Ir. Ragland of TalbotA bill to amend the charter of the town of \Yood-
land.
The report of the committee, which was faYorahle to the passage of the hill, was agreed to.
rpon the passage of the hill the ayes were :30, nays 0.
The bill, haYing receincl the requisite constitutional majority, was passerl.

618

.ToeRNAL OF THE SENATE,

By Mr. Harris of vVashingtonA bill to create a Recorder's Court for the town
of Tennille.
The report of the committee, which was favorable to the passage of the bill, 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. Hutcheson of TurnerA bill to establish a county depository for county
funds of Turner County.
The report of the committee, which was favorable to the passage of the bill, 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, to-wit.:
Your Committee recommends the following amt>ndments to House Bill No. 741:
First amendment: That the caption of said House Bill K o. I +1 as
passed by the House he strieken anrl in lieu thereof the following lw substituted as the caption thereof, to-wit.:

619
"A BILL
"To be entitled an Act to submit to the qualified voters of Turner County the issue as to whether the office of Treasurer of Turner County shall be abolished, or the Treasurer thereof be put upon a salary; and, in event said referendum be declared favorable to abolishing said office, to establish a county depository for the county funds of Tumer County; to provide for the handling and disbursing of its funds; and in the
event said referendum be declared faYorable to
11lacing said officer upon a salary, to fix the salan' thereof, and provide for payment thereof, and the method of such pa~rment; and for other purposes.''
Second amendment: That new sections as follows be added at the be-
ginning of said House Bill )Jo. 741, to-wit.:
''Section I. Be it enacted by the General ),~ssem bly of Georgia, and it is hereby enacted by authority
of the same, That there shall be submitted to the
qualified Yoters of Turner County, at an election to be held therein on September 12, 1916 (which said election shall he railed by the ordinary of said county, who shall puhlish notice thereof for at least twen-
ty days prior thereto, and to whom the returns there-
of shall be made, and l)y whom the Yote shall he consolidated and c1eclarec1, as other special elections un-
der the laws of Georgia), the issue as to whether the
office of Treasurer of Turner Count~, shall he aholished, and a rO'lmt~ depository tlwrefor established,

G:20

.TocRXAL oF THE SE::-<ATE,

and to provide for the handling and disbursing of said county's funds, as hereinafter provided foror the Treasurer of Turner County shall be put upon a salary, as hereinafter provided for-in the following form and manner, to-wit.: All ballots used at said election shall have written or printed thereon the following: (a) 'In favor of abolishing the office of Treasurer of Turner County and creating a county depository therefor;' (h) 'In favor of placing the Treasurer of Turner County upon a salary of six hundred dollars per annum;' ;\ll(l the electon voting in said election shall strike one or the other of said terms, so as to express a choice upon said issue. The result of said election shall be declared in f;wor of that issue for which a majority of the votes cast in said election are found to he polled.

''Section II. Be it further enacted by the authority aforesaid, That if the result of said election be found and declared 'in favor of abolishing the oftice of Treasurer of Turner County, aml creating a county depository therefor,' then, and in that event the said office of Treasurer of Turner Count~- shall he and is hereby declared abolished as of the date of J anuar~- 1, 1917, and then and in that event the sections of this Act hereinafter contained and emho<lied and numbered 'Sections II to XVII. both inclusive,' shall be and are hereby declared and made operative as law in Turner County on and nft0r January 1, 1917."

Thinl amendment:

x,-. That Sections 1 to

hoth indusin, of the said

+, FRIDAY, A"LGUST 1916.

621

House Bill ?\o. 7-H be renumbered in order consecutinly as Sections III to XVII, both inclusive.
Fourth amendment: By adding a new section at the conclusion of said
House Bill ?\o. 711, and preceding the repealing section, as follows, to-wit.:
'' Bection XVIII. Be it further enacted by the a:uthority aforesaid, That if the result of said election hereinbefore provided to be held in Turner County, shall be found and declared 'in favor of placing the Treasurer of Turner County upon a salary of $600 per annum,' then and in that event Sections II to XVII, both inclusive, of this Act shall not become operative in said county, and the said office of Treasurer of 'l'urner County shall not be abolished, and in said event the Treasurer of Turner County, beginning January 1, 1917, shall be paid a salary of six hundred dollars per annum for his entire services, which shall he in lieu of 'all commissions now and heretofore allowed such officer as compensation; and said snlan shall be payable monthly, in equal installments, out of funds in the hands of such officer applicable ther.eto; the first such installment being payable on February 1, 1917."
Fifth amendment: That Section XVI of said House Bill Ko. 741, as
passed by the House he stricken, and a new section substituted in lieu thereof, to-wit.:
"Section XIX. Be it further enacted hy the authority aforesaid, That all laws and parts of laws in

.Tot.TR~AL OF THE SENATE,
conflict herewith be and the same are hereby re. pealed.''
By :Mr. Anderson of BanksA bill to abolish the office of County Treasurer of
Banks County.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
Upon the passage of the bill b~ substitute, the a:yes were 30 and nays 0.
The bill, having received the requisite constitutional majorit~, was passed hy substitute, and the substitute is as follows:
A BILL
To he entitled an ~\ct to fix the salar~- of the Treasurer of Banks Count~-. in lieu of commissions now paid: to pay premiums on his honil from funds of the ronnt~ trPnsur~r: and for ot1wr purposes.
S0ction J. Be it enad0d hy the General Assemhl~ of thP State of Georg-ia, and it is hereb~- enaded h~ the authorit~- of th0 same, That from and after .Tannary 1, Hl17, and annually then'after, the rompens<~ tion or sa1ary of the Treasurer of Tianks Count~-, (lporgia, shall he three hnndr0d ($::l00.00) c1ollars per annum or twPnty-five ($~:5.00) dollars per month, in 1iPn of t1w commissions now rPreived l1v thP trPas111'01' of said ronnt~-.

FRIDAY, Acuc8T -1-, 1916.
Sec. 2. Be it further enacted by the authority aforesaid, That the premiums on the bond of said treasurer may be paid out of the county funds of said county, in the event said treasurer elects to give a bond furnished by a fidelity guarantee bonding company, said bond to be approved in the same manner as is now provided by law.
Sec. 3. 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.
The following House bill was read the second time and recommitted to Counties and County }fatters Committee, to-\\~it.:
By Messrs. Bale, Anderson and Findley of FloydA bill to create a Board of Commissioners of
Roads and Rennues of the county of Flo~~d.
The following Senate bill was read the third time and tabled, to-wit.:
By Mr. DobbsA bill to. create a State Board of Electrical Exam-
iners.
The following Senate bills were read the second time, to-wit.:
By Mr. GoolsbyA bill to regulate weighing and grading of cotton.
By Mr. BuchananA bill to amend the charter of the city of Blakely.

.JoeR~AL OF THE SEKATE,
B~ :\Ir. MinterA bill to amend Section 3306 of the Code of 1910.
The following Senate bills were read the first tinw, to-wit.:
By ~fr. :\fcLaughlinA bill to amend an Act to constitute a Board of
Commissioners for the county of :\feriwether. Referred to Counties and County :\Iatters Com-
mittee.
B~ :\Ir. Paulk of the 15th DistrictA bill to amend an Act approYed August Hi, 1!11:.!,
to require railroad companies to put <incler clt>flectors on the windows of passenger coache!-i.
RPferred to Railroads Committee.
By -:\fr. :\foon.\ hill to authorize the mayor and council of Hog-
amwille to create a debt for the purpose of estahlishing a system of water works.
Rt>fC'rrea to Corporations Committee.
By ::\fr. Fletcher.\ bill to accept and carr~ out the proYisions of tlw
~\et of Congress approved June :3, 1m6, proYi<1imr for the reorganization of the Kational Guard.
HC'ferrt>d to ::\lilitar~ Affairs ( 'ommittee. Tl1e following ~enate hills "ere taken up for a third reading to be put upon their passag<', to-\Yit.:

FRIDAY, A"LG"C"ST 4, 1916.

625

By ~Ir. LawrenceA bill to prescribe the number of judges of the
Court of Appeals.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
r pon the passage of the bill, the ayes were 30,
nays 0.
The hill, having received the requisite constitutional majority, -was passed.

B: ~fr. LawrenceA bill to amend the charter of the town of \Varsaw.
~Ir. Lawrence offered the following amendment, which waf:l adopted, to-wit.:
Amend by adding a new seetion just preceding the repealing clause, as follows:
"The mayor, aldermen, councilmen, officers elected by vote of people, heads of departments and members of boards shall be subject to remoyaJ during their several terms of office in the following manner:
""Whenever twenty-five per cent. in number of the qualified voters shall so request, in a petition filed in the office of the clerk of council, an election shall he <>ailed and held within thirty days of the filing of the petition on the subject only of the recall or nonr('call of such officials. It shall be the dut~ of the clerk of council to check the names on said list and report to the council the number of registered voters thNE'on, in order to see that the required numher

G:W

,JorRXAL o.r THE SENATE,

have signed the said petition. This report shall be submitted to the council with the petition, which petition must be filed with the clerk of council at least five <lays 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 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 name~ of such officer and office inserted in the blanks.
For recall of_ ________________ _
Holding the office of_ _________ _ Against recall of_____________ _ Holding the office of__________ _
"If a majority of the votes cast in said election are for the recall of such officer, his office is declared vacant at the moment these votes are canvassed by the council and the result announced. A meeting of the council shall be called and held for this purpose, if no regular meeting intervenes, within not less than five days of the election so held; at this meeting the election managers shall make a return of the votes cast in said election by report of same to council, and the council shall examine this return and declare tlw result. If a majority of the votes so cast be for the recall of the official, his office is vacated at the time the result is so rleclared by the council as herein provided and a vacancy immediately exists. The vacancy shall be filled in the same manner as the vacancies are otherwise filled for such offices.''

FRIDAY, AuausT 4, 1916.

627

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
r pon the passage of the bill as amended, the ayes
-were 24 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By .Jiessrs. Mangham and Boykin-
A bill to permit the bringing of alcohol into the State of Georgia for the purpose of its use in manufacturing articles of commerce.
The following amendments were read and adopted, to-wit.:
.Mr. .JicCrory moves to amend Senate Bill l-Jo. 3:2G by adding next after Section Two (2) a new paragraph to he kno\Yn as Section Three (3) as follows:
''Section 3. Be it further enacted by the authority aforesaid, That it shall be the duty of every railroad company, express company, or other common carrier, and of every person, firm or corporation, that shall carry or transport such alcohol, and who shall deliver the same to an~- person, firm or corporation in this Stat0, to file -with the ordinan of the county in -which said alcohol is delivered a statement in writing which sha11 give the dates on whicl1 the alcohol was delinred, the name and postoffice address of the ronsigncc and consignor, the place of delivery, to \Yhom delivered and the ctuantity so delivered, such
statement to he filed -within three days after such de-
liwr~-. anc1 nothing in this Ad shall permit of an~

():28

J Ol"RX.\L OF THE SEXATE,

spirituous or malt liquors, wine or anything except alcohol to be shipped or received, and any person, firm or corporation violating this Act shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided in Section 1065, Penal Code."
l\Ir. Stovall of 30th District amends amendment h~ adding after the word ''delivery:''
''And provided the consignee must first pay the ordinary a fee of fifty cents for each affidavit and receipt, one-half of which he shall pay to the express agent, if delivered by express, or to the carrier if there be no express agent."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
Upon the passage of the bill as amended the a~es were 29 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By :Messrs. ::\fcLaughlin and BurnsideA bill to require the approval by the Railroad
Commission of this State of the construction or operation of duplicate public utilities in this State.
The following amendments were read and adoptefl, to-wit.:

By Jfcs>:rs. ::\fcLaughlin and BurnsideAmend by adding at the end of Section On!' the
following proviso:

FRIDAY, AuGl.JST -!, 1916.

'Provided the consent of municipalities shall, in all instances, be :first had and obtained before public utilities of any kind can, by the approval of said Commission, be built or established therein.''
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

Fpon the passage of the bill as amended the ayes and nays \Yere ordered and the Yote was as follows:

Those voting in the affirmative were Messrs.-

.-\<lams, J. 0.
Akin, L. R. Raiky, L. s.
Ronner, T. B.
Roykin, H. A. Rnehanan, \V. A.
Burnside, J. B.
Callahan, .r. w.
Dobbs, E. P.
Gnolshy. R. F.

1r:tr.d.-.;on, Pat
Harrison, W. T. Hnl<len, .fnn. F.
Lawrence, A. A.
:\loon, E. T.
:\[cCrory, c. R.
:\fc Farland, J. R. :\fcLaughlin, B. F . Pickett, Roscoe Smith, E. 1\f.

StoYall, A. S. .T. Thomas, .r. R.
Tison, ::\[ark
Tra(y. ('. ('
Trammell, .r. R.
Turner, T. R.
"'ard, C. A. Walker, J. D.
Way, J. B.
\Vren, w. .T.

Those voting in the negative were Messrs.-

('arlton, .T. A. l-'letcher, H. M.

:\[;mgham, .T. .T. ::\linter, C. C.

Pickett, D. C.

Those not voting were :Messrs.-

Eakes, \V. J. Fagan, T. V. (;illis, X. L.

Harbin, T. W.
Paulk, Geo. A.
Paulk, ::\f. .r.

Peacock, Z. Y. Ransom, W. ::\I.

Ayes 30, nays 3.

The bill, having received the requisite constitutional majority, was 11assed as amended.

This bill was ordered immediately transmitted to the House.

1)30

JouRNAL OF THE SENATE,

By :Mr. BoykinA bill to define the duties of the Keeper of Public
Buildings and Grounds.
The report of the committee, which was faYorable to the passage of the bill, 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. CarltonA bill to amend Section 14 of the Political Code of
Georgia.
The report of the committee, which "as favorable to the passage of the bill, was agreed to.
Cpon the passage of the bill the ayes were 30, nays 0.
'!'he bill, haYing received the requisite constitutional majorit~, was passed.

By :\Ir. wrenc\ hill to re<1uire all cotton seed meal sold in Geor-
gia to he branded according to its grade or quality.
The report of the committee, which w~s favorable to the passage of the l1ill, was agreed to.
1' poll the passage of the hill the ayes were 25, ~--====llll~s 0.
The hill, luning received the re(juisite constitutionnl majority, was passed.

FRIDAY, Anrc-sT -!. 1916.

G3'1

By :l\Ir. AkinA bill to amend Section 16, Volume 1, of th~ Code,
defining the boundaries of this State.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 26, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following Senate bill was taken up for the purpose of acting on amendments of the House, to. wit.:

By l\Ir. BoykinA bill to create the office of Supervisor of County
Officers and County Records.
The following amendments of the House were concurred in, to-wit.:
~-\.mend by striking all of Section 4 after "manner" in 7th line and adding the following in lieu thereof:
''All record books used by county officers shall be uniform throughout the State and shall be contracted for by the Supervisor from time to time as occasion demands on competitive bids, sealed and opened on a ginn day, in the presence of the respective bidders after notification. Ko bid to be r~ceived at a higher price than that paid by the State for similar books. The respective counties shall pay for all record hooks within thirty days after delivery."

JoeRNAL OF THE SENATE,
..:\menu by striking all of Section Six after the word~, "of their offices" in the fifth line of said section.
~-\.menu by adding after the words '' ~\.ttorney-General,'' at the end of the first sentence in ~ection !:!, the words: ''Provided that said additional salan shall be in lieu of extra compensation heretofore paid former Attorneys-General in their priYate capacity as lawyers for serYices rendered outside of the Stat(, and so long as said additional salary is paid, the Attorney-General shall hereafter represPnt the :::;tate in all cases before the Supreme Court of the lTnited States and perform all other legal serYiees be~ond the limits of the State without extra compensation.''
:2. By striking from Section 5 and tlw third lin<' thereof the words, ''at least once a y<>ar. or oftener if in his judgment neces:-an," and insPrt in lien thPreof tlw words "as oftpn as in his jndgnwnt it iR nrcessary.''
3. By adding as Section 10 the following:
''Be it further enacted by the authority at'ore:,;aid, That it shall he the duty of the Attonwy-Cl<'n<>ral to enforce the payment and collection of all inheritance tax due or that HHl~- hereafter become due unto the Statp undPr the lH'OYisions of the Inheritance Tax Law, aptno,ed August Hl, Hn:~. and he is hereh~ PmpowPr<'d and required to call upon all the ordinari<>s of this StatP, on the death of an~- testate or an~ intestate, showing all the Pstates in their respectiYC' countiPs wl1i('h may he liable and sub,j<'ct to s11eh tax: allll it is herPhy made the duty of all orclinaries of

FRIDAY, AUGUST 4:, 1916.
this State to promptly report unto the AttorneyGeneral all estates within their respective counties that are subject or liable to such tax."
-t.. By renumbering the last section, so that the same shall be Section 12.
"Cpon motion of Mr. Lawrence Senate Bill No. 333 was ordered immediately transmitted to the House.
:\1r. Boykin of the 17th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President: Your Committee on Enro1lment report as duly en-
rolled and ready for the signature of the President of the Senate and Speaker of the House of RepresentativeR the following Acts and resolution, to-wit.:
An Act to amend an Act approved November 30, 1915, providing for the leasing or other disposition of the Western & Atlantic Railroad.
An Act to amend an Act approved November 30, 1915, providing for the leasing or other disposition of the Western & Atlantic Railroad.
~\n Act to provide for a system of public schools of Yatesville.
A resolution to authorize and direct the Governor to enter into a new contract with Tennessee Copper Company, as of October 1, 1916, and to prescribe the terms of such contract, and for other purposes.
Respectfull~' submitted, H. A. BoYKIN, Chairman.

634

JouRNAL OF THE SENATE,

Mr. Boykin of the 17th District, Chairman of the Committee on Enrol1ment, submitted the following report:

.Mr. President : Your 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 resolution, towit.:
An .Act to amend an Act approved November 30, 1915, providing for the leasing or other disposition of the Western & Atlantic Railroad.
An Act to amend an Act approved November 30, 1915, providing for the leasing or other disposition of the Western & Atlantic Railroad.
An Act to provide for a system of public schools of Yatesville.
A resolution to authorize and direct the Governor to enter into a new contract with Tennessee Copper Company as of October 1, 1916, and to prescribe the tf'rms of such contract, and for other purposes.
Respectfu1ly submitted, H. A. BOYKIN, Chairman.

The hour of adjournment having arrived the Senate adjourned until 1\f.onday, August 7th, at 11 o'c.lock A.M.

:JIOKDAY, AUGUST 7, 1916.

635

~EXATE t'HAMBER, ATLANTA, GA., ~Ionday, August 7, 1910.

rrhe Senate met pursuant to adjournment at 11 o'clock, .A. }[., and was called to order by the President.

Pra~er waR offered by the ( 'haplain.

r; pou the eall of the roll the following Sen a torR answrrNl to their names, to wit.:

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan. W. A. Burnside, J. B. Callahan, .T. W. Carlton, J. A. Dobbs, E. P. Fagan, T.V. Fletcher, H. :M. Gillis, N. L. Goolsby, R. F.

Haralson, Pat Harbin, T. W. Harrison, W. T. Jloldeu, .Jno. F. Lawrence, A. A. :\(angham, .T. J. :\linter, C. C. 'irun, E. '1'. :\[cCrory, C. R. :\It: Farland, J. R :\IcLaughlin, B. F. Paulk, Geo. _-\. Paulk, M. J. Peacock, Z. V.

Piekett, D. C. Pickett, Roscoe Smith, E. M'. Stovall, A. S. .T. Thomas, J. R. Tison, :\lark Tracy, C. C. Trammell, .J. R. Turner, T. R. Ward, C. A. Walker, J. D. \Yay, J. B.
Wren. W..r.

Those absent were }fessrs.-

Eal;es, "\V. J.

Ransom, W. M.

By nnanimons ronsent the reading of the .Journal of Fri(la~- 's sE'sRion \Yas C!i sprnserl vdth.

The following mN;sage was reerived from his ExCf'llenc~. the Gonmor, throngh his Secretar~', "Jh. .Tones:

J/r. President: I am directed by his Exeellcncy, the Governor, to

636

JouRNAL OF THE SE~ATE,

deliver to the Senate a communication in writing, for which he respectfully asks consideration.
:\fr. 'Vard, of the 5th District, Acting Chairman of the Committee on Engrossing, submitted the following report:

Mr. President: Your Committee on Engrossing :has examined
and found properly engrossed and ready for transmission to the House, the following resolution and bills, to wit.:
A resolution in reference to State Printing.
A bill to amend Section 14 of the Politieal Code of Georgia.
A bill to amend Section 16 of the Code defining the boundaries of this State.
~-\ bill to require the approval by the Railroad Commission of the construction of duplicate public utilities.
A hill to require all cottonseed meal sold in this State to he branded.
~-\ bill to permit the bringing of alcohol into the Stat{' for manufacturing articles of commercP.
~\ hill to prescribe the number of .Judge:-; of the Court of Appeals.
..:\ bill to amend, reYise and consolidate the several Aets gnmtinp; c-orporate authority to the towu of \Yarsaw.

1IoNDAY, AuGUST 7, 1916.

637

.:\ hill to define the duties of the Keeper of Public Bnilclings and Grounds.
Respectfully submitted, C. A. \YARD, Arting Chrmn.

:\fr. Peacock, of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

Mr. President: Your Committee on ( 'orporations has had under
consideration the foJlowing hill of the House and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, as amended, to wit.:
A. bill to create and establish a new charter for the City of Gordon.
Respectfully submitted, PEAcocK, Chairman.

}[r. ~-\<lams, of the 3:~<1 Distrirt, Chairman of the Committee on Special .Judiciary, submitted the following report :

Mr. President: Your Committee on ~pecia1 .Judiciary has had
uncler consicleration the follo\\ing hills of the House and instructed me, as their Chairman, to report same
back to the Senate with the recommendation that
same do pass, to wit.:
A bill to amend an Act entitled" ~-\n AC't to establish the Cit~ Court of :\feRae."

638

JOURNAL lH' THE SENATJ<:,

~\. hill to be entitlell an ~\ct to amend an Ad ereating the City Court of Jefferson.
Respectfully submitted,
.J. 0 . ..Ao.n1s, Chairman.

::\lr. Lawrence, of the ht District, Viee-l'hairman of the Committee on R.uiPs, suhmitted th<> followi11g report:

Jlb. Ptesident : Your Committee on Rules reeonm1e11<l that the fol-
lowing Senate hills he made special and Pontinuing orders, in the orclcr nam<>cl for toda~:
Renate Bills No. ~8!1, :309, :J~:l, :~+(i.
Respectfull~ snhmittCil,
L\ WRKxct;;, \TiC'c-Chai.rmml.
:\1 r. }loon, of the :Hth District, Chairman of the Committee on General .Tucliriary, snhmittecl thc> following report:

11lr. Presideut: Your Committee on General Judiciary has had un-
<ler C'onsideration th<> following hill of the SmwtP an<l instructed me, as thci r ( 'hairman, to rcport same hark to the Senate with thr rPC'Onllll<'lHlntinn that same do pass, to wit.:
~\ bill to authorize and nquire the wanhn in eharge of the convif't roa< 1 hands in the sev('ral eountics where a puhlic road runs through an incorpornte<l town to work the smnc.
Hespel'tfully snhmittt<l.
K T. ::\loox. Chairman.

:JioNDAY, ArcrsT I, 191G.

63D

:\Ir. Burnside, of the :?9th District, Chairman of tlw Committee on Pen~ions, submitted the following report:

Jlr. President: Your Committe~e~ on Pensions has had under con-
sideration the following bill of the Senate which had been rerommitted to ~our committee, and instruded me, as their Chairman, to report same hack to the Senate with the recommendation that same do not pass:
Senate Bill No. 313. Being a bill to he entitled an .:\('t to re}Jeal an Act of the Geiieral .Assembly approYed August 17, 1914, on page 139 of the Georgia Laws of 1914, ~o. 506. providing for the payment of the fees now fixed by law for the Ordinaries of the State in conneetion with tlw pension work, and for other purposes.
BrRNSIDE, Chairman.
The following ~enate hills were read the se('ond time and recommitted, to wit.:

B~ 1\fessrs. \Yay aiHl AkinA bill to amend ~rction ;{();~() of tlw ('ode of GPor-
gia adopted .Angus t 13, 1~)] 0.
Recommitte(l to Fish an(l 0 ame Committee.

B~ :\Ir. :\IcLaughlin-
A bill to amend an _Act to <'Onstitutc a Board of ( 'ommissioncrs for the Count~ of )feriwether.

fi'40

.JocRKAL OF THE SENATE,

H('eonunitted to tlH ( 'ountiP~ and ( 'ouut~- :\Tatters ( 'ommittee.

B~- :\Ir. :\foon"\ hill to authorize tlw :\L1~or a1Hl ( 'omH'il of Ho-
gansville to create a debt.
Rt>eommitte(l to Corporations ( 'ommitteP.
The following nw~sage \YHS rPeeiYed from the House through :\Ir. Boifeuillet, the ('Jerk thereof:

Jlr. President: The House has passed by the requisit(' constitu-
tional majorit~- the following hills of the IlonsP, to wit.:
A hill to provi(lP for the inspection b~- Stat<' authorities of ever~ privatP institution in whi(h citizens of Georgia are kept in eonfinenwnt.
.A hill to anwnd ~\et approved August l:J, 191+, concerning the removal aml erection of bridges in the City of RomP.
"\ hill to amewl ~\ct ereating jnn'nilP eonrts m eertain counties.
A hill to aholish the offieP of TrPasnnr of Da<le County.
A bill to incorporate the town of Tallulah Park.
~\ hill to abolish the offiee of ( 'ount~- Treasnrer of ::\Iitehell County.
\ bill to amend ehartPr of town of Andon.

~IoNo.u, Ann.rsT 7. 191G.

641

.\ hill to amend rlwrter of Cit~ of Albany. ~\ bill to amend the charter of City of ThomasYille.
~l. bill to amen(l the .\ct establishing City Court of 1>ouglas.
_A hill to amend the .\l't creating Board of Commissioners of Roads aiHl Revenues of .Tackson County.
_A bill to amend the Act neating the City Court of Gray.
A hill to amend the Art creating Commissioners of Roads and Revenues for Tift County.
A hill to amen(l tlw charter of City of Augusta.
A hill to amend eharter of town of East Ellijay.
\ bill to proYi<l<> a salan for Treasurer of .Tones County .
.-\ hill to amend the _Act ereating ( 'ity Court of N eYnan .
.\ hill to abolish tlw Board of Lights and \Vater-
works for Cit~ of ~farietta.

_.:\ hill to amend th( Aet creating the Boards of Lig-hts and \Vaterworks of ~fariPtta .

.\ hill to amend the Act creating the Board of ( 'ommissioners of Hoads anfl ReYenues for County of HPnr~.
~\ hill to vreate a Boanl of Commissioners of Ho;ub an<l Ren-'mws for ( 'onnt~- of Hart.

642

JorRXAL ot THE SENATE,

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

lt.ft. President:
The House has passed by the requisite constitutional majority the following joint resolution of the House, to wit.:
A resolution for the relief of George Spivey.
The fo1lowing Senate hills were ren(l the fin;t time, to wit.:

B~ ).Ir. AdamsA bill to amend an .Ad incorporating the t 'ity of
Gainesville.
Referred to Special Judiciary Committee.

By .Jir. BonnerA bill to fix the salary of the Treasurer of Frank-
lin County.
Referred to Counties and County l\fattcn~ Committee.
B~ .JIr. Pickett of 41st DistrictA hill to amend Section 647 of Civil Code of Hll 0.
Referred to Counties nnd Count~ -:\Iatt<>rs ('ommittee.

By ~Ir. Lawrence~<\ bill to confer on the lessors of rai Iroads the
right to rondemn, lease or buy land for use in con-

}fONDAY, .ACGUST 7, 1916.

643

nection with the leased roads, and to extend the powers of eminent domain.
Referred to Railroads Committee.

By Mr. ~WalkerA bill to amend Section 3-3'6 of the Code of 1910,
relating to usmy.
Referred to Banks and Banking Committee.

By ~fr. Dobbs-
A bill to amend an Act approved K ovember 30,
191 G, JH'OYiding for the leasing of the W. & A. R. R.
Referred to \Yestern & Atlantic Railroad Committee.
Tlw follo"'ing mes1mge was received from the House through ?lfr. Boifruillet, the Clerk thereof:

Mr. President : The House asks a Conference Committee on the
Smate amendments to the following bill of the
House, to wit.:
A bill to repeal the Act creating the City Court
of Xashville.
The Speaker has appointed as the Conference ( 'ommitte>P on the part of the House:
~fP~srs. Dorris of Crisp, Kidd of Baker, Arnold of Clay.
Tht follo,,ing message from the Governor was read:

644

.Jo-cRKAL OF THE SENATE,

ExECL'TIVE OFFICEs,
Augu:-:t I, 1916.

To the General .Assem.bly:
Two matters are pending before you upon which your failure to act might result in a considerable loss to the State and cause serious criticism of the Legislative Department.
The first matter which requires ~-our attention is the establishment of a High\Yay Department in the State such as will answer the demands of the l<'e(leral statute making an annual appropriation for the use of the State.
I have already sent a message to both Hou~es coucerning this matter. Since then the House J)assed b~- the requisite constitutional majority a substitute for the measures on this subject pending before it, and the matter is now with the Senate. It is lwlieve(l that the aetion of the House ma)" need eonsiclerable enlargement so as to meet the demands of tlw Federal ~\ct. I trust that ~ou will not a<ljoum l':ithout attempting to secure this mOiwy for the highways of your State.
The other matter to whieh I call your attention is the conforming of the State J!ilitary Department
to the requirements of the Federal ~.\d H]JJnove(l
June 3, 1916, for making further provisions for the National defense. This Aet provides for tht=> pa)-ment of the National Guard when not engaged in actual service in the field. The payment, howenr, is conditioned upon eertain action hy the State

}[OND.H, AL"GL"ST 7, 1916.

645

concerning the appointment of officers of the staff. ::\Ieasnres are now pending, I am informed, to carry out the requirements of the Federal statute, and I call ~'our attention to Section 110 of the Act aforesaid and earnestly recommend that yon give the right-of-way to the measures intended to secure the proposed relief. It will be a great disappointment to our National Guard if, while it is engaged in the service of the country, the legislative body at home should neglect so important a measure in its interest.
I am sure that the proper consideration will be given to it by your body when your attention is called to the same.
I have thought it worth while to inYoke ~-our attention to the two measures above stated because it is the belief of many that the action of a subsequent Legislature would not be sufficient to prevent the loss of the advantages offered to the State hy the Xational Legislature.
There are other matters of importanee pending before you, notahl~- the labor legislation, the State warehouse matter, and other things of this kind, but I shall rely entirely upon the wisdom and patriotism of your body to do whatever you can in the tirne left for the relief of the persons interested in these several measures.
Respectfully submitted, X. E. I-L"-RRIS, GoYemor.

The follo\\ing House hills and resolution \\ere read the first time, to "it. :

646

JouRNAL OF THE SENATE,

By "Jir. Carter of BaconA bill to create a Bond Commission for the County
of Bacon.
Referred to Counties and County :Matters Committee.

By Mr. Marshall of TaylorA bill to amend the charter of the town of Butler,
Taylor County.
Referred to Corporations Committee.

By Mr. Strickland of PierceA bill to repeal an Act incorporating the town of
Offerman, Pierce County, Georgia.
Referred to Corporations Committee.

By }Jr. Stark of JacksonA bill to amend the charter of the City of J effer-
son, Jackson County, Georgia.
Referred to Corporations Committee.

By l\Ir. Stark of JacksonA bill to amend the charter of the City of J effer-
son.
Rt>ferred to Corporations Committee.

By Mr. Gillis of Montgomery-
A bill to amend an ~\ct to create a Board of Commissioners of Hoads an(l ReYenues for the County of ::\Iontgomery.

:Mo:NDAY, ArGuST 7, 1916.

647

Referred to ( 'ounties ancl County ~ratters Committee.

By .Mr. Culpepper and williams of :MeriwetherA bill to amend an Act to incorporate the town
of Bullochville.
Referred to Corporations Committee.

By ::\[r. :Ylorris and Dorsey of CobbA bill to repeal an Act incorporating- the town of
l\fabelton.
Referred to Corporations Committee.

By Mr. Hopkins of ThomasA bill to abolish office of County Treasurer of
Thomas ( 'ounty.
Referred to Counties and County Matters Committee.

By :\Ir. Hopkins and Bowers of ThomasA hill to fix the time for collection of commuta-
tion road tax in Thomas County.
Referred to Counties and ( 'om1ty Matters ('ommittee.

By :\Iessrs. Jones and Kirby of CowetaA bill to amend an Act creating the City Court of
Kewnan.
Referred to Special Judieinr~ Committee.

By :\Ir. Bale of FloydA 1>ill to amend an Act approYP<l August 15, 1914,

G-1-8

JoL"RNAL OF THE SENATE,

eoncerning the remon1l and erection of bridges m the City of Rome.
Referred to Counties and County Matters ('om-
mittee.

B~ ~lr. Perkin:,; of Habersham-
A bill to incoq)Orate 'rallulah Park.
Heferrecl to Special Judiciary Committee.

B~ :\fr. Young of Tift-
"\ hill to amend an Act to create the office of Com-
missioner of Roads and Rennues for Tift County.
Referred to Counties and Count~' ~ratters Committee.

B~ ~Ir. Peacock-
A bill to amend an Act to estahlish a new charter
for the City of Alban:v.
Referred to Corporations Committee.

B~- l\Ir. Hopkins"\ hill to amend the charter of the City of Thom-
asYill<>.
Refenecl to ( 'orporations Committee.

By :\Iessrs. Dorsey and :\Iorris of CobhA hill to abolish the Board of Lights and water-
works for the City of :Marietta.
Referrecl to Special .Jmlieiary Committee.

649
By .:\le::o:,;rs. Roberts and :~\Iartin of Hall.A bill to fix the salary of Treasurer of Hall
County. Heferrecl to Special Judiciary ( 'ommittee.
By .:\lr. .:\forris of HartA bill to create a Board of Commissioners of
Roads and ReYenues for the County of Hart. Referred to Counties and County Matters Com-
mittee.
B~- .:\Ir. Duff~- of Jones"\ hill to amend mL--\ct to create the C'it~ ( ourt of
Gra~-.
Heferre(l to Speeial J ucliciary Committe(.
By .:\Ir. Stewart of Coffee"\ hill to anwnd an ~--\et to establish tlll' ("it_,. Court
of Douglas. HC'ferrPd to Special .Tndician Committee.
By .:\Jr. Spence of .:\lit<"hellA hill to abolish the office of the ( 'ounty Trea,;urPr
of .:\litchell County. HeferrC'd to l'ounti.es and Count~- .:\latters l 'om-
mittee.
By .:\lessrs. Olin, Btall mHl \\" ood,Yanl~\ hill to amenrl th<> (hartPr of the ("ity (if .\ngusta. HefPl"J"f'(l to ( 'orporations ( 'mmnittPP.

650

JocRNAL OF THE SE~ATE,

By .:\Ir. Burtz of GilmerA bill to amend the charter of the town of East
Ellijay.
Heferred to Corporations Committee.

By ~Ir. Collier of StephensA bill to amend the charter of the town of .Avalon.
Referred to Corporations Committee.

By :Yir. Arnold of HenryA bill to amend au Act to create the office of
Commissioner of Roads and Revenues for the Comity of Henry.
Referred to Counties and County .:\Iattcrs Committee.

B~- .:\Jr. Yeazey of \VarrenA bill to provide for the inspection by State au-
thorities of every private institution in which citizens of Georgia are kept for confinement.
Referred to General .Judiciary Committee.

By ~lr. Smith of DadeA bill to abolish tlw offiee of County Treasurer
of Dade County.
Referred to Counties ancl County .:\Iattcrs Committee.
By ~fessrs. Dorsey and .:\IorrisA. bill to amenu an ~\ct ereating the Boarll of
Lights and \Vater"ork,.; at ::\farietta, Ga.

MoNDAY, Aem.:sT 7, 1916.

651

Heferred to Special Judiciary Committee.

By :Mr. Heath of BurkeA bill to amend an Act approved August 16, 1915,
creating Juvenile Courts in certain counties.
Referred to General .Judiciary Committee.

By 1\fr. Duffy of JonesA bill to provide the pay of the County Treasurer
of Jones County.
Referred to Counties and County Matters CoPlmittee.

By Messrs. Stark and Allen of JacksonA bill to amend an Act creating a Board of Com-
nnsswners of Honds and Revenues for .Taekson County.
Referred to Counties and Count) -:\fatten; ('ommittee.

By -:\fr. BlackburnA resolution for the relief of George Spin~' ~.al
others.
Referred to Special Jucliciar~- ( 'ommittee.
'rhe following rI OllSP hill was reacl the St'COlltl time
<ll1d recommitted to ( 'ounties and ('ount~- ::\latters Committee, to wit.:

B~- .Jir. Elders of Tattnall..:\ bill to amend an Aet ereating a Board of
( ounty Commissioners for Tattnall Count~.

652

Jot:RKAL OF THE SENATE,

Tl1e following House hills were re<ld th<> second time, to wit.:

B~- -:\I r. Stark of .JarksonA bill to amend an Act <reating the Cit~ ( 'onrt of
.T <>fferson.

By -:\Ir. Jones of. Wilkinson.:-\ hill to establish a new rharter for the ( 'ity of
Gordon.

By -:\lr. ( 'ook of Telfair..:\ hill to amend an Ad to Pstahlish the City Court
of }feRae.
The following bills of the House were taken up for a third reading to he put upon their passage, to wit. :

By -:\Iessrs. Hopkins and Bowers of Thomas-
.:\ hill to provide a new charter for City of Boston.
The report of the committee. which was favorable to the passage of the hill, was agreed to.
r pon the passage of the bill the ayes were :30,
nays 0.
The bill, having received the requisite constitutional majority, was passed.

By ~lr. Towles of ButtsA hill to amend the charter of the town of Flovilla.
The report of the committee, which was favorable to the passage of the bill, wa:;; agreed to.

:\Imm.-\Y, AGGGST 7, 1916.

653

Upon the passage of the bill the ayes were 30, nays 0.
The Lill, having received the requisite constitutional majority, was passed.

B; :\lr. Pickeren of CharltonA hill to authorize the Commissioners of Roads
and HeYenues for Charlton County to pay the-town of Homeland certain road tax.
The report of the committee, which was favorable to the passage of the hill, 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 :\lessrs. Allen and Starke of Jackson.~\ hill to incorporate the town of Braselton.
The report of the committee, which was favorable to the passag<' of the hill, \Yas agreed to.
Upon the passage of the hill the a;es were :10, nays 0.
The bi11, having receiYed the requisite constitutional majority, was passed.

By :\lessrs. Olin, Beall and \\'oodwarcl of Hichmond-
A bill to authorize the City ( 'ouncil of Augusta to require grading, paYing and macadamizing the streets of Augusta.

fi54

Jo"l"HNAL oF THE HE~ATE,

The report of the committee, which was favorabl<> to the passage of the bill, was agreed to.
Upon the passage of the hill tlH' a~es wen' :m,
nays 0.
The bilJ, having received the requisite constitutional majority, was passed.

By Jir. Knight of BerrienA bil1 to amend the Act approved July :26, 1904,
}Jroviding for terms of Berrien Superior Court.
The report of the committee, which was fa,orabl(' to the passage of the bill, was agreed to.
Upon the passage of the bi II the a~es W('n~ :30, nays 0.
The bill, having received the requisite eonstitu- tional majority, was passed.
B~ ::\f r. ( 'arter of Bacon-
~\ hill to provide for thr<>P terms of tlw Sn]J('rior Court of Bacon ( 'ount~.
The report of the committee, wl1ieh was fnnnahiP to the passage of the hill, was agreed to.
Upon tlw passage of the hill the ayes ""Pr<> :~0, nays 0.
Tile hill, having n'eeiYe(l the rPqnisite constitutional majority, was passed.

eoge<'"\ hill to amen<l tlw chartPr of the City of ( 'olmnhns.

-:\IoxDAY, Acm:sT 7, 1916.

655

The report of the committee, which was favorable
to the passage of the bill, was agreed to.
Cpon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

B~ l\lr. Davis of LaurensA bill to amend an Act to create a new charter
for the City of Dublin.
The report of the committee, which was favorable to the passage of the bill, -was agreed to.
Fpon the pas:,;age of the hill the ayes were :30, nays 0.
The hill, having received the requisite constitutional majority, was passed.

B~ ).Ir. King of GreeneA bill to amend an Act creating the City Court of
Greensboro.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bill, having receiYed the requisite constitutional majority, was passed.
The following Senate billt> were read the third time to be put upon their passage, to wit.:

,JOl'RNAL OF THE ~ENATE,
By ~Ir. Bailey~\ bill to establish and organize a college in th<.'
to\\n of Dawsonville, Dawson Count.', G<.'orgia, as a hranch of the University of Georgia.
The report of the committee, which ''as fmorable to the passage of the hill, was agreed to.
Cpon thE' passage of the hill the a~es were :w,
nays 0.
The bill, lun-ing receiYed the requisite tmJstitutional majorit~-, was passed.
This hill was onlt>red immediate]~- transmittPd to the House.
B~- ~lt>ssrs. Humsitle and Holden..-\ hill to amPIHl Section 1~07 of thP Pcmtl t 'oth~ of
1!l10, nlatin to apportioning l'lHlYids a1nollg th<.' ('OUntiPs.
:\I r. :\! oon otfcrcd tlw following am<ntlment, which ,,as adopted, to wit.:
.\ll!Pnd by striking the words "one-half" in SP('tion 1 in line fonrtePn, and ins<>rting in lieu th<>reof thP word, also h~- striking all of said scdion aftpr thP word "<'Ollllllissiml ", in li1w nill<tPPil.
'rhP nport of the tonnnittPe, which \Yas fa,orahiP to the pass:1gP of thP hill, was agTPtd to, as alllPilded.
t"pon thP passagP of the hill m; amPndPtl tlH' a~ps WPre ~..J., nays 0.
TlH hill, ha\'ing re<Pi\Pd the reqnisit< con..;titntiomd majority. was passed.

::\Io~DAY, AuausT I, 1916.

657

By ::\Iessrs. Goolsby and PersonsA bill to provide and authorize the payment of a
f<e to sheriffs who may rai(l and seize distilleries of intoxicating liquors.

::\Ir. Pickett of the 4-lst District, offered the follo\\ing amendment:

\mend by striking out of said section the \\Onls "county funds", and inserting in lieu thereof the \Yords "bill of costs", and proYidecl further that this Act shall apply to illicit distilleries in .actual Ollera tion.

t pon the adoption of th< anwndnwnt tile ayes awl nays \Hre ord('l'ed awl thl' Yote \\as as follows, to ,,it.:

Those voting in the affirmative were Messrs.-

Baile~-. L. S. Bnehanan, \\'. :\. Flet('her, H. M. Haralson, Pat

~I inter, C. r:. ~lrLanghlin, B. F. Pit'kett, Roscoe

Thomas, J. R. Tison, :llark \Ynlker, .T. D.

Those voting in the negative were 11.essrs.-

Akin, L. R. Ronner, T. B.
Boykin, H. A.
Burnside, .T. B.
Dobbs, E. P.
Fagan, T. v.
(~oolsh~. B. F.

1r.lrl_)jn. T. \\'. Harrison, w. T.
!Inld<n. .Tno. F.
:'.Iangham, .I. .T.
~lo1111. 1:. T.
:lfcCror.\', c. R.
:lie Farlanrl, J. R_

Paulk, :If. .J. Smith, E. :II.
. StoYnll, A. S. J .
Tracy, (', ( Tnrner, T. R. Warrl, (' A. \Yay, J. B.

Those not Yoting were ::\1essrs.-

..\dams, J. 0.

(;iJiis, ?{, L.

<'allahan, .T. W. Carlton, J. A. EakrH, \\' .J.

La\nenee, ~\. A. f'anlk, Gen. A. l't>:t<o('k, Z. V.

.\~ps 10, 11<1~s :21.

l'itkett, IJ. C. H:msom, \\'. :II. Trammell, .T. R. Wren. IY. T.

()58

The amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

lTpon the passage of the bill the ayes and nays w<re ordered, and the vote was as follows:

Those Yoting in the affirmative were :Yiessrs.-

Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A.
Buchanan, W. A. Burnside, J. B. Dohbs, E. P. Fagan, T.V.
Pletcher, H. M. Gillis, N. L. Goolsby, B. F.

Harbin, 'f. \V.
Harrison, W. T. :\Iangham, J. ,J.
:\linter, e. c.
:\foom, E. T. :vrcCrory, C. R. :\ld'arlanu, J. R.
:\lcLaughlin, B ..P. Paulk, l\L J. Pickett, D. C.

Smith, E. l\f. Stovall, A. S. .J. 'fhomas, J. R. Tison, :\lark Tracy, C. ('. Trammell, .T. R. 'ftuner, T. R. Ward, C. A. Walker, J. D. Way, J. B.

Those voting in the negative were Messrs.-
Pickett, Ro;,coe

'rhose not voting were :Messrs.-

Adams, J. 0. Callahan, ,J. W. Carlton, J. A. Eakes, W. J.

Hnmlson, Pat lfnlolcn, .Tno. F. Lawrence, A. A. Paulk, Geo. A.

Peacock, 7.. V. Ransom, W. 1\l. Wren, W. J.

..A~es 31, nays l.

The bill, having received the requisite constitutional majority, was passed.

The following resolution was read and incicfinitely postponed, to wit.:

B~ }[ r. }linterA RESOLUTION
\Y HERE.-\:-; the puhlie press of today makes refer-

::\IoNDAY, AcGDST 7~ 1916.

659

encP to a certain notf' sent to the Senator of the .f1st District on Thursday by Col. Thomas B. Felder tlnring the deliberations of this body, which note is sai<l to have tontained most insultillg reference to said Senator,
A'xn wHEREAs, v.e believe that all such acts consti-
tute an affront to this body and should be dealt with ,
by the Senate as the law provides, regardless of what the indiYidual Senator may do in the premises,
lh:soLvm, that we request the Senator of the .flst to file said note with this body in order that it may go into the record, and that such action thereon may bt> taken as seems befitting the dignity of this ho<l~'
The hour of adjournment having arrived, the Senate adjourned until tomorrow morning at 10 o'clo<'k.

GGO

.TorRXAL oF THE SENATE,

SENATE CHAMBER, ATLANV, G.\.
Tuesday, August 8, 191fi.
The Senate met pursuant to adjournment at li) o'clock A. M., and was called to order by the Pn~i dent.
Prayer was offered by the Chaplain. By unanimous consent the call of the roll \Yas di~ pensed with. B~- nnanimou~ consent the reading of the Journal of ~-esterday 's proceedings was dispensed with. Mr. :Moon gave notice that at the proper time he would moYe to reconsider Senate Bill No. 289. Mr. Peacock gave notice that at the proper time he would move to reconsider House Bill No. 1007. jir. Moon moved to reconsider the action of the Senate in passing the following bill of the Senab~, tO-\Yit.:
By Messrs. Burnside and HolJ.enA bill to amend Section 1207 of the Penal C'orle. The motion was adopted and the bill was recon
sidered. jfr. Peacock moved to reconsider the action of t]e
Senate in passing the fol1owing bill of the Ho'lsc, to-wit.:
By .Messrs. Olive, Beall and Woodward of Richmond. A bill to authorize the city council of Augusta to

Tl;'E8DAY, .\ rm::sT 8, 19Hi.

(i6l

require the p~n-ing and grading of streets m said city.
The motion was adopted, the bill was reconsidered and recommitted to Corporations Committee.
The following House hill was taken up and read the third time, to be put upon its passage, to-wit.:

By }[essrs. Olive, Garland and Beall of RichmondA hill to rreate a muniripal court for the cit~r of
Augusta.
l\fr. 'Wren offered the following substitute, to-wit.:

A BILL
To be entitled an Act to abolish .Justice Courts and the office of .Justice of the Peace and Notary Public; Ex-Officio Justice of the Peace and the office of Constable in the city of Augusta; to e~ tahlish and create in lieu thereof a :Jiunicipal Court in and for the city of Augusta; to define its jurisdiction and powers; to provide for the election of a judge and the appointment of the other officers thereof; to define their powers and duties and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; to provide a referendum, and for other purposes.
SECTION 1. Be it enacted b~ the General As'Sembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a municipal court of the cit:'T of Augusta, the said city of Augusta being

JOl'RXAL OF THE SEXATE,
ineorporated under the name of the city council of Augusta, to be known as "The Municipal Court of Augusta,'' is hereby established and created, and that from and after the election and qualification of tlw officers of said Municipal Court no Justice Court, or Justice of the Peace, or Notary Public ex-officio .Tustice of the Peace, or Constable shal1 have or exereise any jurisdiction, civil or criminal, within the ineorporate limits of the city of Augusta as they now are or rna~- hereafter be defined.
SEc. 2. Be it further enacted by the authority aforesaid, 'l'hat said -:\Iunicipal Court of Angusta shall have jurisdiction within the incorporate limits of the cit~- of Augusta, as now or hereafter fixed h~ law, concurrent with the Superior Court of Rich-
mond Count!\ to tn- and dispose of all civil causes or
proe!'eilings of whatever nature, whether arising excontractu or ex-delicto, under the common law or b~
statute, in which the principal sum sworn to or
claimeil to he due, or the value of the property in dispute does not exceed five hundred clollars, and of whirh jnrisdiction is not vested hy the Constitution and laws of the State of Georgia exclusively in other eourts. The eriminal jurisdiction of said municipal court slwll hf' the same as, and shall not exceed the jurisdiction now or hrreafter vested b~- law in the .Tnstice Courts of this State, provided that said court shall hav!' ciYil jurisdiction in Richmond County outside of the limits of the cit~- of Augusta in case" IYhere the amount irwoh-ed is more than one 1nmdred and not over five hundred dollars.

TU'ESDXY, ArnrsT 8, 19lli.

663

St:c. 3. Be it further enacted by the authority aforesaid, That there shall be a judge of said municipal court, whose term of office shall be for four years, and wlw shall he elected by the qualified Yoters of Richmond County quadrennially at the regular election for election of county officers; provided that the judge of said court first elected under the terms of this . :\d shall he elected at a special election to be held on first wednesday in :March, 1917, under the same rules and regulations as elections are now held for county officers in Richmond County, and whose term of office shall expire on January 1, 1921; provided further, that all qualified voters for members of the General Assembly for the year "1916 in Richmond County shall he qualified to vote in said special election; provided further, that an crmdidates for the office of judge of said court shall notify the chairman of the Board of County Commissioners of Roads and Revenues of Richmond County at least ten days before said special election in writing of their candidacy; provided further, that if there shall be only one candidate making such application to said board of county commissioners of roads and revenues as aforesaid for such special election, then and in that e,ent, said special election shall not be held, but in lieu thereof the hoard of county commissioners of roans and revenues' shall meet on the first Wednesday in :March, 1917, the day set for said special election. and declare said candidate elected judge of said court, which shall entitle him to qualify in the same manner as if he had been elected at said special election.

(j().j,

JoURNAL OJ<' THE ~ENATE,

~E<J. 3A. Be it further enacted by the authority aforesaid, That it shall be the duty of the managers of said election so first held, in ca::;e an election is held, to consolidate the vote ca~t for said judge in said election, and to make a certified return thereof as returns of election of county officers in Richmond County are made. The judge of said municipal court shall be commissioned h~ the Governor, and before entering upon the duties of his office shall take the ,.:nnw oath required by law of Superior Court .Ju(lges.
SEc. 4. Be it further enacted hy tht' authorit~ aforesaid, That there shall be a clerk and sheriff of ~aid municipal court, whos<:' term of office shall tach he four years, and who shall be appoint<>d hy the judgt' of said mnnicipa1 court, provided. hO\veYer, that tlw judg<' of said municipal court sha!J have the }HHn'r to removp from oftice, at an~ tinw, an~ oflicN of said court for just cause.
SEc. 5. Be it further enacted h~ tltl' authority aforesaid, That tlte officers of saitl munieipal court first ehosen as herein provided, shall hold oflire from ~~a~ 1, 1917, to .Januar~ 1, 1~)~], and until tlwir succ<ssors have lwen dul~ eleded and qualifi<'<l.
HE('. (). B<' it fnrtlwr enactP<l h~ the authority afor<:>said, That any person who ~hall I)(> <:>lected judgt' of ~aid 1mmieipal <'onrt must. at tlw time of his said el<'ction, haY<:> h<:><>n a r<:>sidt>nt of Hi<'lnnond ('omit~. and a practieing attorne~-at-hnY at least two y<>ars imnwdintel~ preeeding his election, and al~o he at least twent~-fiye years of ag-e; that the jnrl.g<:> of sail court shall he suhjert to th<> smne r<'-

Tut:snAY, At:t:FHT R, l9Hi.

()();)

strictions as are imposed by law upon superior court judges, proYided that the judge of said court shall not practice law in any State or Federal courts.
SEc. 7. Be it further enacted by the authority aforesaid, That any person who shall be appointed clerk or sheriff of said municipal court must at the time of his appointment be a qualified voter of Richmond County, and must reside within the limits of the city of .Angusta.
SEc. 8. Be it further enacted by the authority aforesaid, That every yacancy in the office of judge of said municipal court occasioned by death, resignation or other cause, shall be filled by appointment of tlH' Gonrnor until the first day of .Jannary after the regular election held in and for the State of Georgia and eount~T of Richmond, next after the expiration of thirty days from the time said vacancy occurs, at which election a successor for the unexpired term shall be elected, and such appointee shall hold the office until his successor is elected and qualified.
SEc. 9. Be it further enacted by the a'Uthority aforesaid, That the salary of the judge of said municipal court shall he three thousand dollars per annum; the salary of the clerk of said court shall be twelve lmnclrecl dollars per annum, and the salary of the sheriff of said court shall be one thousand dollars p<>r annum; that the sheriff of said court shall haYe power, by ancl with the consent of the judge thereof, to appoint a deputy: or cleputiE:>s, and a bailiff or bailiff~, as the business of said court ma~r demand. The

!iG6

JoeR~AL oF THE SE~ATE,

salary of said deputies and bailiffs shall not exceed two dollars per diem, and for days of actual service only. The compensation of all officers of said muncipal court shall be paid monthly out of the treasury of Richmond County upon the warrant of the judge of said court by the officer or officers charged by law with paying out the moneys of said county.

SEc. 10. Be it further enacted by the authority aforesaid, That the judge of said municipal court is hereby clothed with the same powers and authority as is conferred by the Constitution and laws of this State upon a justice of the peace, and with such additional rights, powers and jurisdictions as is provided by the tel'll1s of this Act; that said judge of said municipal court shall have the power anq authority under the limitations set out in this Act to hear, determine and dispose of all cases or actions, civil or criminal, of which said court has jurisdiction, and to give judgment and execution therein; to hold court from day to day continuously if necessary, to the dispatch of the business of said court. The judge of said court shall have the Rame power to preserve order, to compel obedience to his order, to inflict summary punishment for contempt, to enforce the judgment of his court as is given by law to the judges of the superior courts of this State; provided, howeYer, that said judge shall have no power to impose punishment for contempt exceeding a fine of twenty:fiye dollars or three days in the county jail. The judge of said municipal court shall have in addition to tbe pow<rs enumerated in tliis section, all of the

TrESDAY, A"C"G"C"ST 8, 19H:i.

6G7

powers-, prerogatives and authority in matters whereof the subject matter and the amount involved are not beyond the jurisdiction of said court, of the judges of the superior courts. AB laws relating to and governing judges of the superior courts shall apply to the judge of said municipal court so far as the same may be applicable, unless inconsistent with the provisions of this Act.

SEc. 11. Be it further enacted by the authority aforesaid, That in the event the judge of said municipal court is from providential causes unable to discharge the duties of his office, or from any cause disqualified from presiding, the judge of said municipal court shall have the power to appoint some competent attorne~ resident in Richmond County to preside in said court in his stead, and the attorney so appointed, when the appointment is entered upon the minutes of said court, shall exercise all of the functions of the judge thereof. The compensation of said attorney for actual servi.ce as presiding judge
sha11 he seven dollars per diem, t? be paid as the
other officers of said court are paid.

SEc. 12. Be it fnrther enacted by the authority aforesaid, That nJl of the requirements and duties, powers and authorities imposed by law upon, and conferred upon the Clerk of the Superior Court of Riehmond County, shall be obligatory upon, and shall vest in the clerk of said municipal court in matters pertaining to said municipal court. And likewise, all of the requirements and duties, powers and authorities imposed by law and conferred upon the Sheriff

(j()8

.JorRXAL OF THE SENATE,

of Richmond County, shall vest in the sheriff of said municipal court respecting business in said court, except where inconsistent with, or limited by the provisions of this Act defining the jurisdiction of said court. Provided, however, that the amount of the bond of the clerk of the municipal court shall be three thousand do1lars, and the bond of the sheriff of said municipal court shaH be one thousand dollars.

SEc. 13. Be it further enacted by the authority aforesaid, That the clerk of said municipal court shall have complete power and authority, co-existent and co-ordinate with the power and of the judge of said court, under the provisions of this Act, to issue any and all warrants, civil or criminal, summary processeS' and writs which are issuable as a matter of right, to accept and approve bonds, and discharge any and all other functions, ministerial in character, which, under the laws of this State are performable h~- a justice of the peace. The clerk of said municipal court shall have power, b~- and with the consent of the judge thereof, to appoint one or more deputy rlerks, provided the business of said court renders the service of such deputy or deputies indispensable. The said deputy clerk, when so appointed, shall exercise all the functions and be subject to all the responsibilities and requirements of the clerk of said rourt. The compensation of said deputy clerk shall he nine hundred dollars per annum.
SEc. 14. Be it further enacted by the authority aforesaid, That a1l warrants, summary processes and writs issuing out of said municipal court, in which

TUESDAY, AUGUST 8, 1916.

669

the principal sum claimed to be due, or the value of the property in dispute does not exceed five hundred dollars, shall be returnable to said municipal court in the same manner and under the same rules as such writs are required to be returned to the superior courts or the justice courts of this State, as the case may be, except a8' otherwise provided for in this Act.
SEc. 15. Be it further enacted by the authority aforesaid, That with the exception of the Recorder's Court of the city of Augusta, and the Judge of the Richmond Superior Court, and the Judge of the City Court of Richmond County, the said municipal court shall have exclusive jurisdiction to sit as a court of inquiry to examine into accusations against persons in the city of Augusta arrested on warrants for offenses committed within the corporate limits of said city.
SEc. 16. Be it further enacted by the authority aforesaid, That said municipal court shall be a court of record, and shall have a seal, and minutes, records and other books and files that are required by law to he kept for the superior court shall in the same manner, so far as the jurisdiction of said municipal court rna~~ render necessary, be kept in and for said municipal court; provided, that the clerk of said municipal court shall not be required to keep a hook of final records, but shaH preserve in suitable files all original papers in each case, which shall not he removed from said clerk's office, except hy order of the judge.
SF.<'. 17. Be it further enacted hy the authorit~~

670

.TocRxAL oF THE SEXATE,

aforesaid, That the general laws of this State in regard to the commencement of actions in the superior courts, and defenses thereto, of whatever nature, the pleadings, the method of procedure and practice therein, and in regard to the examination of parties to suits or 'vitnesses, by interrogatories or under subp(llna, witnesses and their attendance, continuance, charge of the court, granting of new trials and other matters of a judicial nature within the jurisdiction of said municipal court, shall be applicable to said municipal court, except as may he other\\is<' provided in this Act.
SEc. 18. Be it further enacted by the authorit~ aforesaid, That suits in said municipal court shall in
an respects be conformable to the moc1e of procedure
in the superior courts sa,e as in this Act excepted; process to snit shall lw annexed h~ the clerk of said court, hear test in tlw name of th0 judge therc'of, and he direrterl to and serwd by the sheriff of said court or his lawful deputies. All executions, warrants, writs and snmmar~ processes of an~ kind issuing from said municipal rourt shall he issued in the nam0 of the judge thereof, signed h~ th0 clerk of said court, and he directed to the sheriff and his lawful deputies of said municipal court and to all and singular the sheriff:- and deput~- sheriffs and lawful constables of this Stat<', and shall in the cit) of Augusta be executed by the sheriff or his deputies of said municipal court, and outside of said city hy any sheriff, deput~ sheriff or lawful constahle as now provided by la" for such proceedings from the sn-

'J'uESDAY, AuausT 8, 1916.

671

perior courts of this State. Criminal warrants issued by said court may be executed in the city of Augusta, by the sheriff of Richmond County, or deputy sheriff of Richmond County.
SEc. 19. Be it further enacted by the authority aforesaid, That the terms of said municipal court shan be held monthly on the first 1\fonday in each month, beginning with the first :\Ionday in -:\fay, 1917; that suit shall be filed in the clerk's office of - said court at least fifteen days before the first day of the term to which it is returnable, and shall be served at least ten da~rs before the first term. All
cases filed to any term, and in which no answer has
been filed by or before twelYe o'clock noon, eastern time, on the first Wednesda~- in such term, shall hy reason of such fact of no answer haYing been filed, he thereby considered and held in law to be "In
default," and no entry to that effect shall he neces-
sary; and all cases in such condition shall thereby he ripe for trial and judgment. After being so in default, and up to the time of the rendition of final judgment in the same, the default in such case ma~r be opened hy the payment b~r the party in default of all costs accrued up to the time of said opening. After rendition of final jurlgment in a case so in default, the right of opening such default shall terminate, 1mless hy order of the court on legal causes shown under the law as the same obtains in regard to defaults in the superior court, or, unless such
opening is consented to by parties or counsel of
record, evidenc'o b~- a written stipulation filed with tlH' clf'rk of said court.

(l

-)
I-

JoCRXAL OF THE 8ENATE,

(b) In all cases in said court, in which the principal sum claimed, or the value of the property in controversy, does not exceed one hundred dollars, the rules of pleading as provided in Section 18 hereof shall not be required of parties prosecuting or defending any such action therein, and it shall not be necessary to paragraph either petition or answer, but no suit or proceeding, or answer thereto, shall be accepted or filed by the clerk of said court unless a substantial statement of the eause of action, or matters of defense, of whatsoever character, he first reduced to writing. No demurrer or special plC'a shall be required in any case, but ever~' defense in point of law or fact may be taken advantage of in the answer, either oral or written; provided, that if the plaintiff shall verif~ his claim, or if a suit is hrought on an unconditional contract in writing, thP defendant shall he required to verify his answer. Tn the furtherance of justice, the judge of said court shall permit any claim, suit, process, pleading or record to he amended in form or in suhstance, or material supplemental matter to he set forth in ;m amended written pleading, and shall disregard an~ error or defect "-hich does not affect the substantial rights of the parties, hut no amendment presenting a new and distinct cause of action or new part~-, shall lw allowed, hut a bill of particulars may he re(jnir0rl as are now required in justice courts.

St:c. 20. Be it further enacted hy the authorit~ aforesaid, That on the first wednesday in each term. or as soon thereafter as the court can do so, all cases

G73
shall be assigned for trial by the judge of said court on a day within the term to which they are brought, unless continued for good cause shown. If a case so placed on the trial calendar is not disposed of within ninety days from the first day of the term to which it is brought, it may be dismissed by the judge in the exercise of a sound discretion without prejudice to a new one and costs taxed against the delinquent party.
SEc. :!1. Be it fmtlln Pnacted by the authority aforesaid, That it shall he the duty of the clerk of said municipal ('Ourt to prepare and file in his office a list of jurors from the list of the traverse jurors of the Suptrior Court of Hi('hmond County 'lho are residents of the Cit~- of .\ ugusta. From said list as p1 epand traverse jurors in said municipal court shall lw dnnn1 in tiiL' follmYing ltlaJlller: The clerk of said municipal (ourt slinll write upon separate tickets the nanws of sueh tn1verse jurors, aml shall place tlw sam<' in a hox prepared for that purpose. From it shall he drawn twdvc traverse jurors in the manJlt'r pres(rihecl h~- !mY in the superior courts; allla\YS with rd(~rnlcP to the drawing, selecting and summoning of tnn(rsP and tales jurors in the superior ('OUd slmll appl~- to said m1mieipal eourt U}1(1er the limitation provi(le(l h~- th0 terms of this _.-\d.
S1-:c. :!:!. BP it further (nacted h~ the authority aforesaid, That all la'ls "ith referenee to the qualifi(ation, relation, impanelling, challenging and comJll'llsation of jurors in thP supPrior eourts no\\ of foJ'<'P in this StatP, shnll apply to and he ohservecl in

674

.TorRxAL OF THE SENATE,

the municipal court, except where in conflict with the terms of this Act.
SEc. 23. Be it furtlter enacted by the authority aforesaid, That all jury trials in said court shall be by a jury of six, and from said panel of twelYe traYerse jurors drawn and. summoned by the provisions of this .Act, the judg-e of said munieipal court shall cause to be made up two juries, and all cases and issues to be tried by jury at such term of sai(l municipal court shall be tried by one of these juries, or by a jury stricken from both, plaintiff and defendant eaeh being- entitled to three peremptory_ ehallenges. In the event said panel should be redueed below twelve from any eause, the judge of saill court shall have power to fill it out by causing talesmen to be summoned instanter; provided, however, that it shall be in the power of the judg-e of said court to eause to be drawn a panel of eighteen jurors in the first instance, from which 1~anel three juries shall be made up, if in his discretion the business of the court justifies an additional jury.

SEc 24. Be it further enacted b~- tl1e authority aforesaid, That eYery ease in said municipal eourt shall be tried hy the judge thereof without a jury unless a written demand for trial by jury is filed iu said court by the plaintiff or his attorney, or by any other party seeking affirmative relief at the time such action or proceeding is instituted, or by the defendant or his attorney on or before the da~ upon which he is required to appear in court in responsP to the proceedings against him; upon the failure of

TcE8DAY, ArucsT 8, 1916.

675

a party to demand a trial hy jury, he shall be held to have waived such right, hut the judge may grant sueh right, if in his opinion, such reqnPst is not made for dPlay onl~--
fh:c. ~5. ln all cases tried in said eourt, upon announcement of judgment b~ the eourt or upon rendition of the verdict of the jury, any party or his eounsel may make oral motion for a new trial within four days, Sundays and holidays excepted, upon the payment of all the accrued cost, or in lieu thereof tlw filing of an affidavit in forma pauperis, as now reCJnired in justiee courts. Gnless said motion for new trial is ma1l<.> as herein provided, the parties shall be held to have ''"aived their right to move for a new trial exeept on the grounds on whieh extraor<linary motion for new trials ma~ be made. Said motion shall he lHard at such time as the court in its dis(retion may set for a hearing, and no brief of the evi<lenre shall he required; provided, that the ju<lg<' of said eourt shall have power to grant a new trial in any case, and from the :first grant of a new trial there shall be no appeal or review, the case standing for retrial de novo, and shall he tried by a jur~- at tlw next term.
(h) In all eases in whieh the principal sum claimed, or th<> n1 hw of the property in controversy, does not exceed one hundrNl dollars, from the judgment of sai(l <'ourt making final disposition of said case, an appeal shall lie by writ of error to the Superior Court of Richmond County, and a bill of exceptions shall he tendered, certified and filed under the same

676

,]O"CRXAL OF THE SEXATE,

rules as apply to bills of exceptions from the ::)uperior Courts of this :::;tate. provided, however, that said bills of exceptions shall be tendered "ithin ten days from the judgn1ent complained of and Sf'rved and filed within ten additional clays, aml the judgment of said superior court making <li~position of said case shall be final, and shall not be subject to review b~- th<> Supreme Court or Court of ~\ ppeals.
(c) F~rom the judgment of said municipal cotut refusing to grant a new trial, or making final disposition of any case in which the principal sum claimed, or the value of the property in controversy exceecls one hundred dollars, an appeal shall lie by writ of error to the Court of Appeals of Georgia, and a hi II of exceptions shall be tendered, certified and tiled under the same rules as apply to bills of exceptions from the Superior Courts of this State; provi<lecl, however, that the bill of exceptions shall ll<' tlnderecl within ten days from the judgment complaiiw<l of and serwd, and filP<l within ten additional da~s.
SJ<~('. :W. He it further enadecl by tlw antlJOrit~ aforesaid, that all juclgments ohtainecl in ~:;aid court shall he liens upon propert~- belonging to the <ll'fell<lant or <1<>fendants to tlw same ext<>nt and upon tlw same conditions as judgnwnts of thP sn]Hrior f'onrts of this State, but such judgments shall he <>ntpred U])Oll the exerution docket in the offire of tl1e Cl<'rk of the Superior Court of Rif'lnuollll ( 'ount~ as justice f'ourt juclgnwnts are now I'Pf'onled, to he notice to innocent purchaseR.
~Ec. '27. BP it furth<>r ('naetecl hy thP authorit~-

TcE::mAY, Aem:sT 8, 191G.

677

aforesaid, That all sale:-; of personal property levied upon in the County of Richmond under process from said munieipal court, :-;hall take place before the court house door during the legal hours of sale, at puhlic outery, on the }fonday next following ten days adYertisement by notic> posted before the court house door describing the property to be sold, the place and hour of sale, the name and residence of the owner of the property, and the style of the case in which the execution issued. Such sales to be conducted by the sheriff of said court or his tleputy; providf'd, that sales of perishahle propert~ and sales on the premises ma~ be nw<le as provided hy law, and proYided, further, that in all cases where real Pstate is levied upon m1<ler a process from said court, the subsequent proceedings shall eonform to tlw laws goYerning the sale of real estate.
SEc. ~8. Be it furtlwr enade<l h~ the authority aforesaid, That in all ea~es of proceedings in which tlw prineipnl sum doe:-; not exeeP<l one hnn<lred dollars, the same fees "hich are allowed h~ Ia" to justices of the peace> an<l eonstables shall be a:-;~essed aiHl colleded h:v the officNs of said munieipal <'Onrt, and that said fl'PS shall he paid hy tlw derk of said <'onrt monthly into the Treasury of Richmond County, accompanied h~ the c](rk's :,;worn statement thereof and place(l to the endit of tlw muni<ipal court to he used for defra~ing the expen;;es of said court, exeept in casf's of ejedment for rent, eosts shall lw one dollar.
r-;Ec. :2!1. Be it furtlH~l c>nade<l h~ th( authorit~

678

JOCRNAL o~ TH~: ~E~ATE,

aforesaid, That in all ('ases or proceedings in which the principal :mm exceeds one hundred dollars, t1te proYisions of Section Twenty-nine of this Act, in reference to the collection of fees, payment into the county treasury, shall apply, with the exception that the fees eollecte<l shall be the same as those allowed hy law to the Clerk of the Superior Court and the Sheriff of Richmond County.
~Ec. :-lO. Be it further enacted by the authority aforesaid, That it shall be the duty of the judge of said court to see to it that the offieers of his court are diligent in the collection of costs, and to this end he shall call the execution docket of his court on some fixed clay in eaeh term, and shall adopt such other measures and rules as will insure the payment of costs by the party or parties liable therefor.
SEc. 3'1. Be it further enacted by the authority aforesaid, That on and after )lay 1st, 1917, no officel of nn~ justice conrt whose district lies in whole . or in part without the limits of the ( 'ity of Augusta, shall lune authority to serve or execute any paper, process or writ of any <!haracter, except a criminal warrant, within the corporate limits of the City of .Augusta "ithont regard to the location of the court from wl1ich such paper or process issued.
SEc. 32. Be it further enacted by the authority aforesaid, That the justice courts of justices of the peace whose districts at the time this Act goes into effect, lie 11artly within and partly without the incorporate limits of the City of .\ ugusta, and who exercise jurisdiction throughout the City of Au-

TuESDAY, AuGUST 8, 1916.

670

gusta, shall continue a.s such within their respective distriets outside of the incorporate limits of the City of Augusta, provided that said courts shall be without jurisdiction to try any civil or criminal cases pending therein on J:Iay 1st, 1917, against any resident of the City of Augusta.

:::;Ec. 34. Be it further enacted hy the authority aforesaid, That all cases, civil or criminal, pending and undisposed of on the first day of :May, 1917, in justice courts lying wholly within the City of Augusta, shall be and they are hereby transferred to said municipal court for trial and disposition therein. All final and other processes in the hands of officers of said justice courts shall be by them returned to said municipal courts, and the judge and other officers of said municipal court shall have power and authority to issue and enforce in the name of said municipal court, any and all processes in any case from said justice courts necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of said justice courts. AU fi. fas. and final processes not satisfied in the hands of the officers of said justice courts on the first da~ of Jfay, 1917, shall be levied by the officers of said municipal court. .All records, books and papers in cases disposed of and of file in said justice courts shalJ he filed and deposited with the clerk of said municipal court, and all property of parties to actions in said justice courts in the legal custody of the said eourts shall be delivered to the sheriff of said municipal court. It is hereby made

fiHO

.JocRXAL OF THE HEXATE.

the <lnty of said justiee:.; of the peace to comply with the provisions of this section, and any justice of the }JCace who shall fail to transmit such suits, papers, and documents or to retum such final or other pro-
cesses, or to <leliver the books and records of prop-
erty in the custody of the courts within three days after written demand for surh transmission or deliYer~ has been made hy the derk of said municipal comt or any party at interest, shall be held in contempt of said municipal court, and he punished as lH'OYided for in cases of contempt. The officers of sai<l justice court in this section referred to, shall he entitled to all uncolleeted eosts whicl1 may haYe acerue<l in the cases in their respective courts so transferred up to the first day of ::\iay, 1917, upon the <'ollection of the same by the officers of said munieipal court.
SEc. :35. Be it further enacted by the authority aforesaid, That the provisions of Section 35 shall apply to the justices of the peace and justice eourts whose llistricts are partly within and partly without the t'orporate limits of the ( 'ity of Aug-usta in all ('HSes, eiYil or criminal, jurisdirtion of which will devohp upon said municipal <ourt, pending and un<lispose<l of on the first day of ~lay, 1917, and none other.
SEc. :~6. Be it further enacted by the nuthority aforPsaid, That the Board of County Commissioners of Hiclnnond County shall provide suitable and conYenient rooms or quarters for the holding of said municipal court of .\ugusta, in the Court House

(i81
Building- of Hiehmond County; and shall provide all neeessar~ hooks and stationery and filing cases for keeping the cloekPts, files and records of said court; that tlw require>nwnts of this section are mandatory.
St:c. :n. BP it further ena<ted h~ the authority
aforesaicl, That a complete set of tlw puhli~:IJl'd Heports of the Supreme Court and of the Court of "\ ppeals of Gt>orgia, so far as the same are in print, and within the po\Yer of the authorities of Georgia to fmnish thP same, and a eomplete set of the ~\ds of the General ~\ssemhl~ of Georgia, conmwlH'ing \Yith the "\ds of 1910, and a cop~ of the Parks l'odl' of Georgia, and all future and subsequPnt ~\cts of tlw General ~\ssemhl~ and published reports aw1 t 'odes of the StatP, shnll be furnished hy thP Stat!' Librarian to the clerk of "aiel court for the usc of said court.
SEc. :~~- Pro\idPd, tlw ahoYe and foregoing .\ct shall not be of foree and dfed unless the same shall lw ratitit>cl h~ a majorit~- of the qnaliticd voters voting upon thP question of the ratif1cation of saill .\ct at the r<:'gnlar elcction for St<lte ancl ( 'onnt~ officpJs, to hl' hPld in and for Hi<'hmond ( 'ount:, Georgia, on TuPsda~ after the first ::\Ion<la~ in XovemhPr, l!l1b. ThP hallob nsPd in said Pledion shall lmn printPd upon them thP wonls ''For mnniLipal court.'' all<l ".\gainst Jmlllil'ipal l'ourt." "\ votl'l' dPsiring to \'OtP for ratifieation of this .\ct shall cast l1is hall<,t \\ith thP \Yonls "\gninst mnni<ipal conrt. '' snat<'hP<l or Prasecl th('l'Pfrom. .\ Yoter clPsirinp; to \'Ot< ap:ainst ratification of this .\d shall (nst his ha llot

682

.JorRxAL OF THE HE~ATE,

with the worus '':B-.or municipal court'' scratched or erased therefrom. The returns of said election relating to this Act, shall be made and consolidated as the returns for State and county officers are made in Richmond County and consolidated, and the conHolidation being made, the persons making the same shall deliver a copy of the consolidation to the Ordinary of Richmond County, who shall declare the result. Xotice of said ratification referendum shall be gisen by Ordinary by advertisement for thirty days just preceding said election in the paper in whieh the legal advertisements of OrdinaTy are printed in Augusta, Georgia, and. by noti<'e posted at <'Ourt house door for like time.
SEC. 3'9. Be it further enacted hy tlw authority nforesaid, That all laws and parts of laws in confEet herewith are hereby repealed.
The substitute was adopted.
Upon the passage of the bill by substitute the ayes were 30, nays 0.
The bill, having received the requisite con:-;titutional majority, was passed by substitute.
Mr. Haralson of the 40th District, Vice-Chairman of the Committee on Counties and County ~fatters, submitted the following report:

Mr. President: Your Committee on Counties and County Matters
bas had under consideration the following bills of the House and instructed me as their chairman to

TrEtiDAY, AuGt:ST 8, 19Hi.

683

report same back to the Senate with the recommendation that game do pass, to-wit.:
A bill submitting the bill passed at the 1915 session authorizing and requiring the Board of Commissioners of Roads and Revenues of Charlton County to pay the city of Folkston, certain road tax monies, to the voters of the 32nd district of said county.
A bill to create the office of Commissioner of Roads and Revenues for Henry County.
A bill to fix the salary of the Treasurer of Pickens County.
A bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for Candler County.
A bill to fix the salary of the Treasurer of Butts County.
A bill to abolish the office of Treasurer of Henry County.
A bill to abolish the office of County Treasurer of Candler County.
~\. bill to create a Board of Commissioners for Grady County.
A bill to aholish the office of County Treasurer of Sumter County.
A bill to authorize the Commissioner of Roads and ReYenues of Carroll County to have the main road leading through earb of the incorporated towns in Carroll County worked.

JorHX.\L oF THE St:XATE,
A bill to abolish the office of County Treasurer for Taylor County.
A bill to fix the salary of the rl'reasurer of :\'Iorgan County.
A bill to abolish the Board of Commissioners of Roads and ReYenues of Grady County.
A bill entitled an Act to amend the road Ia\\ for Tattnall County.
A bill to amend the Act creating a Board of County Commissioners for Evans Count~.
A bill to amend an Act relating to the appointment of the Board of Commissioners of Roads and Revenues of the county of Camden.
A bill to fix the salary of Count~r Treasurer of Paulding County.
A bill to fix the salar~ of the Treasurer of Fulton County.
Your committee has further had under consideration the following bill of the Senate and instructs me as its chairman to report same back to the Senate with a recommendation that the same do pass, towit.:
A hill to amend an Act to constitute a Board of Commissioners for the county of Meriwether.
Your committee has also had under consideration the following bill of the House and instructs me as

TuESDAY, AracsT 8, 1916.

685

its chairman to report same back with a recommendation that the same do pass as amended, to-wit.:
A bill to amend the Acts creating a Board of County Commissioners for Tatbiall County.
Respectfully submitted, PAT HARALSON, Vice-Chairman.

1\fr. Adams of the 33d District, Chairman of the Committee on Special .Judiciary, submitted the following report:

Jir. President: Your Committee on Special Judiciary has had un-
der consideration the following hill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass as amended, to-wit.:
A bill to amend an Act to establish the City Court of Hazlelmrst.
Your committee has further had under cqnsideration the following bill of the House and instructs me as its chairman to report same back with a recommendation that it do pass, to-wit.:
A bill to fix the salary of the Treasurer of Hall County.
Respectfully submitted, ,J. 0. ADAMS, Chairman.

Mr. Tison of the lOth District, Chairman of the Committee on Public Roads, submitted the following report:

()~{;

.JorRKAL oF THF. SF.XATJ..

Illr. President: Your Committee on Public Roads has bad under
consideration the following bill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend the road laws for Evans Count.'- Respectfully submitted, TisoN, Chairman.
~Ir. Fletcher of the 26th District, Chairman of the Committee on Military Affairs, submitted the following report:

Mr. President: Your Committee on :\Iilitary Affairs ha:" had un-
der consideration the following bill of the Senate ancl instructed me as their chairman to report same back to the Senate with the recommendation that same do pass by substitute, to-wit.:

A bill to accept and carry out the provisions of

the Act of Congress approYed June 3, 19Hi, proYid-

ing for the reorganization of the Army and Nationa]

Guard.

Respectfu11y submitted,

FLETCHER, Chairman.

}fr. Fletcher of the 26th District, Chairman of the Committee on Insurance, submitted the following r<'port:

lllr. President: Your Committee on Insurance has bad under con-
sideration the following hill of the House am! in-

Tc~o:so.\ Y, ~\ t.:Gt.:ST 8, 19lli.

687

stlucted me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to provide for the appointment of an umpire by any court of record in fire insurance appraisals.
Respectfully submitted, FLETCHER, Chairman.

Mr. Stovall of the 30th District, Acting Chairman of the Committee on Engrossing, submitted the following report:

Jfr. Ptesident: Your Committee on Engrossing has examined and
found properly engrossed and ready for transmission to the House the following bills, to-wit.:
A bill to provide for the payment of a fee to sheriffs or other arresting officers who may seize distilleries.
A bill to establish a college at Dawsonville, Ga., as a branch of the "University of Georgia.
Respectfully submitted, A. S . .T. STOVALL, Acting Chairman.
Mr. Way of the 2nd District, Chairman of ths Committee on Fish and Game, submitted the following report:

Mr. President: Your Committee on Fish and Game has had under
consideration the following bill of the Senate and instructed me as their chairman to report same back

.JOl'H::\"AL OF THE ~E::\"ATE,
to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend Section 3636 of the Code of Geor. gia, adopted August 15, 1910.
Your committee has further had under consideration the following hill of the Senate and instruct nw as their ehairman to report same back with a reeommendation that it do pass hy substitute as amemled, to-wit.:
A hill to repeal certain existing laws regulating taking, catching and handling of fish and oysters in the waters of this State.
Your committee has further had under eon~idt-ra tion the following bill of tlw House and instruct lll<' as its ehairman to report same hack with a recommendation that it do pass as amended, to-wit.:
A hill to amend an .Act entitled an Act for the protection of ~;ame animals and birds and fish.
Respectfully submitted, .T. B. \YAY, Chairman.
::\Ir. Lawrencr of th<:' 1~t District, \Tic<>-( 'lwirmnn of th<> Committ<'P on HnJc.s, sulnnitt<'tl th<' following r<'port :
Jlr. Presidf'nt: Your ( 'onnnitt<>P on Rnl<'s has hnd nnd<r eonsidPr-
ation thp follov;ing resolutions of tiH' St>twt<> and instructNl lll<' as tlwir Yict>-chairman to rPport snnw haek to tiH Spnnte> with tlH reeommewlatimt that same do pass:

TvESDAY, AcGL'ST 8, 1916.

689

A resolution to make House Bill 543 and Senate Bill Xo. 266 special orders for today.
LAWREXCE, Vice-Chairman.

The report was adopted.
:Jir. Smith of the 3-lth District, ( 'hairman of the Committee on Constitutional ~\mendments, submitted the following report:

.Jlr. President: Your Committee on Constitutional Amendments
has had under consideration the following bill of the House and instructed me as their chairman to report same hack to the Senate with the recommendation that same do pass:

House Bill No. :281. B~- :Jiessrs. Swift and X eill

of :\luscogee-

A bill to amend ..Artielt (i, Section 13, Paragraph :2

of the Constitution, and for other purposes.

Hespectfully submitted,

Aug. 8. 1916.

SMITH, Chairman.

Mr. Adams of the 33d Distriet, Chairman of the Committee on Special .Judiciary, submitted the following report :

.Jlr. P resideu t: Your Committee on Special .Judiciary has had un-
der consideration the following hill of the House and instructed me m; their chairman to report same hack to the Senate with the recommendation that ~am< do pass as amended, to-wit.:

fi90

.JornxAL oF THE SEKATE,

A bill to establish the City Court of Swainsboro.
Your committee has further had under consideration the following bill of the House and return it with a recommendation that it do pass, to-wit.:
A bill to amend Section 1249, Volume 1, of the Code, so as to add town of Cumming, Forsyth County, to list for State depository.
Your committee has further had under consideration the following bill of the Senate and instruct me as their chairman to report same back with a recommendation that same do pass, to-wit.:
A bill to amend an Act incorporating the city of Gainesville, Georgia.
Respectfully submitted, J. 0. ADAMS, Chairman.

Mr. Peacock of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

~llr. President : Your Committee on Corporations has had under
consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit. :
A bill to amend an Act entitled an Act to incorporate the town of Hillsboro.
A bill to amend an Act to amend the charter of the rity of Jefferson.

TrESDAY, A-carsT 8, 1916.

691

Your committee has further bad under consideration the following bill of the Senate and instruct me as their chairman to report same back with a recommendation that it do pass, to-wit.:
A bill authorizing the mayor and council of Hogansville to create a debt or debts for the purpose of establishing a water works and electric light plant.
Respectfully submitted, PEAcocK, Chairman.
)fr. Dobbs of the 35th District, Chairman of the Committee on W. & A. R. R., submitted the following report:

llir. President: Your Committee on Y.t. & A. R. R. has had under
consideration the following bill of the Senate and instructed me as theh- chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill providing for the leasing or other disposition of the \Vestern & Atlantic Railroad and its properties.
Respectfully submitted, DoBBS, Chairman.
The following message was received from the House, through )fr. Boifeuillet, the Clerk thereof:

Mr. President: The House has passed by the requisite constitu-
tional majority the follo\\ing bill of the Senate, towit.:

G92

.TtWIC'\"AL OF THE SENATE,

~\ bill to amend the charter of the city of Gainesville.
The following message was receiYecl from the House, through ::\Ir. Boifeuillet, the Clerk thereof:

Mr. President: The House has concurred in the Senate substitute
to the following bill of the House, to-wit.:
A hill to abolish the office of County Treasurer of Banks County.
The House has disagreed to the Senate amendments to the following bill of the House, to-wit.:
A bill to amend the Act establishing the City Court of Louisville.
The following message was received from the House, through Mr. Boifenillet, the Clerk thereof:
J/ r. President: The House has passed by the requisite constitu-
tional majority the following hills of the House, towit.:
A bill to appropriate to the Trustees of the UniYersity of Georgia for the use of the State Normal School at Athens, $100,000.00.
A bill to amend Section 124-9 of Volume 1 of the Code to establish a depository for the town of 'l'occoa.
A bill to amend the charter of the city of ::\Iacon.
A bill to amend the charter of the town of Kirkwood.

Tvt::sDAY, AcGrsT 8, 191G.
A bill to incorporate the town of Taylorsville. A bill to amend the charter of the city of Toccoa. A bill to provide for the handling of county fundi'! of washington County. A bill to amend an Act creating a Board of County Commissioners for Crisp County. A bill to prescribe the manner of holding primary elections in Lincoln County. A bill to create the office of Roads and Revenues for the county of Lincoln. The following bills of the House were read the second time, to-wit.:
By ::\Ir. ::\Ioore of Jeff DavisA bill to amend an Act to establish the City Court
of Hazlehurst.
By Mr. Barber of Grady- A bill to create a Board of Commissioners for
Grady County.
By ::\Ir. ~farshall of TaylorA bill to abolish the office of Treasurer of Taylor
County.
By Mr. Barber of GradyA bill to abolish the Board of Commissioners of
Grady County.
By ::\Iessrs. Roberts and ::\Iartin of HallA bill to fix the salary of Treasurer of Hall Coun-
ty.

G!14

.Jo1-TRNAL OF THE SENATE,

By :Messrs. Atkinson, Blackburn and Andrews of Fulton-
A bill to fix the salary of the Treasurer of Fulton County.

By Mr. Youmans of CandlerA bill to create a Board of Commissioners of
Roads and Revenues for the county of Candler.
By :Mr. Burruss of Morgan~\ bill to fix the salary of the Treasurer of Morgan
County.

B~- 1\Ir. Elders of TattnallA bill to amend the road law of Tattnall County.

By ~fr. Elders of TattnallA bill to amend the road laws of E,ans County.

By Mr. Liles of CamdenA bill to amend an Act relating to the appointment
of the County Commissioners of Camden County.

By ~Ir. Towles of ButtsA bill to fix the salary of the Treasurer. of Butts
County.
B~- :3fessrs. Beck and Dorsett of CarrollA bill to authorize the County Commissioners of
Canoll County to work the main roads leading through incorporated towns in said county.
By :\Jr. Youmans of Candler-
.\ hill to aholish the office of Treasurer of Candler
County.

Tl!ESDAY, Aual!ST 8, 1916.
By Messrs. Short, Clements and SwiftA bill to amend an Act for the protection of g-ame
animals, birds, etc.
By :Messrs. Olive, Beall, woodward and HeathA bill to provide for the appointment of an umpire
by any court of record in fire insurance appraisals.
By ::\Ir. Arnold of HenryA bill to abolish the office of Treasurer of Henry
County.
By l\fr. Arnold of HenryA hill to amend an Act to create the office of Com-
missioners of Roads and Revenues for Henry County.
By Mr. Baggett of PauldingA bill to fix the salary of the Treasurer of Paulding
County.
By :Mr. EldersA bill to amend the Act creating a Board of Coun-
ty Commissioners for Evans County.
By Messrs. Wheatley and Sheppard of SumterA bill to abolish the office of County Treasurer of
Sumter County.
By :Messrs. Brown and Atkinson of EmanuelA bill to establish the City Court of Swainsboro.
By Mr. Pickeren of CharltonA bill to require the County Commissioners of

.JoctC\'AL oF THE SEXATE,
Charlton County to turn over certain road monies tq the town of Folkston.
The following House bills were read the second time and recommitted to Counties and County ~iat ters Committee, to-wit.:
By Messrs. Adams and EdwardsA bill to abolish the City Court of .:\Ionroe.
By :i\lr. Duff~ of .JonesA bill to provide for the pay of the Count~ Trea:-;-
urer of Jones County.
The following House bill was read the second time and recommitted to Constitutional Amendments Committee, to-wit.:
B~ .:\Iessrs. Swift and Xeill of .:\Iuscogee.~ hill to amend Article G, Section 13, Paragraph :2
of the Constitution.
The follmYing House bill was recommitted to the Corporations Committee, to-"it.:
By .:\Ir. Riclt of .:\Iiller..\ bill to re1wal ;m .~ct creating the ('it~ Court of
.:\Iiller County. Thp follmYing Senate hill "as read the second
time and recommitted to .:\lilitary .\ffairs CommittPe, to-\Yit.:
B: .:\Ir. Fletcher~\ hill to accept and carry out the prO\i:-;ions of tit<

Act of Congress approved June 3, 1916, providing for the reorganization of the National Guard.
The following Senate bill was read the second time and recommitted to the Committee on Railroads, to-wit.:
By :Jir. LawrenceA bill to confer on the lessors of railroads the
right to condemn, lease or buy land for use in connection with leased roads and to extend the powers of eminent domain.
The following Renate bills were read the second time, to-wit.:
By :Jfr. DobbsA hill to amend an Act approved November 20,
1915, providing for the leasing of the \iV. & A. R. R.
By l\1r. AdamsA bill to amend an Act incorporating the city of
Gainesville. The following Senate hills were taken up for a
third reading, to be put upon their passage, to-wit.:
By :Mr. :JicLaughlinA hill to amend an Act to constitute a Board of
Commissioners for the county of :Meriwether.
The report of the committee, which was faYorahle to the passage of the bill, was agreed to.
Upon the passage of the hill the ayes were 30 and nays 0.

698

,JouRNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

By Mr. BuchananA bill to repeal an Act to amend the charter of
the city of Blakely.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By :Mr. TisonA bill to fix the salary of the Treasurer of \Vorth
County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By .Mr. :MoonA bill to authorize the mayor and council of the
town of Hogansville to create a rlebt or debts.
The report of the committee, which was favorable to the passage of the bi1l, was agreed to.
Ppon the passage of the hill the ayes were 30 and nays 0.

TuEso.u-, AuorsT 8, 1916.
The bill, having received the requisite constitutional majority, was passed.
The following resolution was read and referred to the Rules Committee, to-wit.:
By Mr. BuchananA resolution providingthat House Bill No. 79 be
made a special and continuing order for Thursday, the lOth inst., immediately after the reading of the Journal.
The following House resolution and bills were read the third time to be put upon their passage, to-wit.:
By Mr. Shannon of TwiggsA resolution to furnish certain Georgia Reports
and Acts of the General Assembly to Twiggs County.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
Upon the passage of the resolution the ayes were 30 and nays 0.
The resolution, having received the requisite constitutional majority, was passed.
By Mr. Cook of TelfairA bill to amend an Act to establish the City Court
of McRae. The report of the committee, which was favorable
to the passage of the bill, was agreed to. Upon the passage of the bill the ayes were 30 and
nays 0.

/00

.TOl:RKAL OF THE SE~ATE,

The bill, haYing received the requisite constitutional majority, was passed.

By :Mr. Elders of Tattna1lA bill to amend the Act creating a Board of Coun-
ty Commissioners for Tattnall County, passed in 1915.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
V"pon the passage of the bill as amended the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed as amended, and the amendments were as follows, to-wit.:

Committee amends:
Section 1. That the caption of said hill be amended by inserting in line 12 of said caption between the words "county" and "and" the clause "to authorize and direct the county commissioners to pay the .Judge of the City Court of Reidsville $25.00 a month salar~ in addition to the salar~ he now receiYes.''
Section 2. That said bill be further amended by ndding the following section to snid bill to be known as Section 4 of said bill:
''Section 4. Be it enacted by the authority aforesaid, That the County Commissioners of Tuttnall County are hereby authorized and directed to pay to the ,Judge of the City Court of ReidsviHe $25.0[)

TuESDAY, AuGusT s, 1916.

701

a month as salary, in addition to the salary he now receives, which will make his salary $100.00 a month, and that said payment begin on January 1, 1917."
Section 3. That said bill be further amended by making Section 4 of said bi]J Section 5 of the same.

By 1Ir. Bradley of PickensA bill to fix the salary of the Treasurer of Pickens
County.
The report of the committee, which was favorable to the passage of the biU by substitute, was agreed to.
rpon the passage of the bi11 by substitute the ayes were 30, nays 0.
The bill, having received the re<1uisite constitutional majority, was passed by substitute, and the substitute is as follows:

SFBSTI1TTE FOR Hon:>E BILL Xo. 957.
An Act to abolish the office of Count~ Treasurer of Pickens County; to provide for the selection of a county depositor~ by the Ordinary of Pickens Count~; to provide penalties for violations of this Act by parties purchasing county warrants, orders or claims at less than their par value; while ncting as depository of county funds, or disbursing agent; to provide for the disposition of the books, papers, records, county funds and other property and business of said offic<>, and for other purposes.
SECTIOX 1. Be it cnaded hy the G<>neral Assembly

102

,JoeRNAL OF THE I:;ENATE,

of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1917, the office of County Treasurer of Pickens County shaH be abolished. That on January 1, 1917, the county treasurer of said county shall turn over all books, papers, records, county funds, and all other property of said county then in his hands, to the bank hereafter designated by the Ordinary of Pickens County, as the county depository or disbursing agent of the county funds.

SEc. 2. Be it further enacted by the authority aforesaid, That on or before the first day of January, 1917, the Ordinary of Pickens County shall designat<~ some solvent bank in this State as a depository for the county funds of said county, for such time as lH' may see fit, and he is hereby authorized to change said depository as often as he may deem proper.

SEc. 3. Be it further enacted by the authority aforesaid, That said hank so designated as a county depository, or disbursing agent, shall giv<' good and sufficient bond, payable to the Ordinar~T of Pickens County, with sureties to he approved hy him, in a sum which, in the judgment of the ordinar~T, will he double the amount of the county funds that will prohably be deposited or disbursed for the ensuing year, for the faithful performance of its duties as such depository, and the duty of said bank so selected shall be to perform the duties heretofore vested in the county treasurer of said county, and said hank shall perform such services without an~r compensation whatever, except the use of the public mone~,

Tv-ESDAT, AUGUST. 8, 1916.

703

and shall keep an accurate and correct book showing all receipts and disbmsements. 'rhe Ordinary of Pickens County is hereby authorized to furnish records, books and other supplies to said depository, and pay for the same out of the county funds. The sureties on the bond herein provided for shall be some bonding company or indemnity company doing business in this State, and the premiums on said bond shall be paid by the Ordinary of Pickens County out of the county funds.
SEc. 4. Be it further enacted by the authority aforesaid, T4at such bank so designated as a county depository and disbursing agent, shall not charge or receive any compensation for acting as such depository, nor shall it either directly or indirect!~, purchase through its officers, agents or other persons, any county warrants, orders or claims whatsoever, for less than their full par value, and for a violation of this section, shall be guilty of a misdemeanor, and shall be punished as prescribed by Section 1039 of the Penal Code of 1910.
SEc. 5. Be it further enacted b~- the authority aforesaid, That all laws and pmis of laws in conflict with this Act he, nnd the same are, hereby repealed.
The Senate agreed to the request of the House for the appointment of a conference committee upon the following bill of the House, to-wit.:

By }fr. KnightA bill to repeal the Act creating the City C'ourt of
X ashville.

70-!

.JOl.RXAL OF THE SE::-<ATE,

The President appointed the following Senators a~ members of the Conference Committee on part of the Senate, to-wit.: Messrs. Burnside,
Haralson, ::\linter.

The following House bill, which was set as a special order, wns taken up for a third reading:

B) ::\Iessrs. ~eill of ::\Iuscogee and Gordy of Chattahoochee-
A bill to amend Section 1:20 of the Code of 1!)1 0, Volume 1, relatiYe to primary elections for GoYernor, C S. Senator, State House Officers, etc.
The following anwnclments were read and adopted. to-wit.:
Committee amends House Bill Xo. :20 as follows:
B) striking from the bill Section ;) in its entirety and renumbering the remaining sections accordingly.
::\[r. Boykin moYes to amend House Bill Xo. :20 b~ striking from the 5th line of Section 1 ofprinted bill the word "\Vednesday" and insert in lieu then,of the word ' Tuesda~. ''
::\[r. Boykin mo,es to amend House Bill Xo. :20 hy striking from the Gth line of Section :2 of printf'(l hill the word "\Yednesday" and insert in .lieu therc>of the word '' Tuesda~. ''
::\Ir. Persons moYes to anwH<1 Section :2 hy adding the following:

TuESDAY, AuausT s, 1916.

705

''Provided, that no second primary shall be held in any county in which either of the two candidates receiving the highest vote under the provisions of this bill may have received a majority of the votes cast in such county; but said candidates so receiving the majority of the votes cast in such county shall be entitled to the vote of such county in any convention thereafter held for the purpose of declaring the results of said second primary.''

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

"Cpon the passage of the bill as amended, the ayeS' and nays were ordered and the vote was as follows, to-wit.:

Those Yoting in the affirmative were ::\fessrs.-

Bonner, T. B. Roykin, H. A. Buchanan, \V. A. Dobbs, E. P. Fagan, T.V. Fletcher. H. ::\L Gillis, X. L. Goolsh_,.. B. F. Haralson, Pat Harrison, \V. T.

Hnld<n ..Tno. F. :'lfangham, .J. .T. :\linter, C. C. :'llollll. E. '1'. :'lfeCrory, C. R. .\frFarland, J. R. :'lfrLnnghlin, B. F. Paulk, Geo. A. Paulk, l\J. J. Pic-kett, D. C.

Pickett, Roscoe Smith, E. M. Thomas, .T. R. Tison, l\Iark Trammell, J. R. Ward, C. A . Walker, .T. D. Way, J. B. Wren. W. J.

Those voting in the negative were Messrs.-

Adams. J. 0. Akin, T.. R. Raih;-. L. S.

Burnsicle, .J. B. La"renee, A. A. Pearoek, Z. V.

Sto,all, A. S. J. TTar~. C. C. Tur:11'r, T. R.

Those not voting were ~fessrs.-

raIIaha n, .T. w.

l~akes, VY. J.

R:msom, W. :c\I.

Carlton, .T. A.

Harbin, T. W.

Ayes 29, nays 9.

706

JovR~AL oF THE SEXATE,

The bill, having received the requisite constitutional majority, was passed as amended.
The hour of adjournment having arrived, the Senate adjourned until tomorrow morning at 10 o'clock.

\VEDXESD.H, AuG"C"ST 9, 1916.

707

~EX ATE ( 'HAMBER, ATLANTA, GA.,
Wednesday, August 9, 1016.
The ~euate met pursuant to adjournment at 10 o'clock, ~-\. ::\I., and was called to order by the President.
Prayer was offered b~- the Chaplain.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the Journal of yesterday's session was dispensed with.
r pon motion of ::\lr. Trammell House Bill ~ o. 6:21
'Yas ordered recommitte<l to Public Library Committee.
::\Ir. Boykin, of the lith District, ( 'hairman of the Committee on Enrollment, submitted the following report:
J/r. Prrside11t: Your Committee on Enrollment report as duly en-
rolled and ready for the signature of the President of the Senate and Speaker of the House of Representatins the following Acts, to wit.:
An ~\ct to establish a college in the town of Crawfordville, as a branch of the University of Georgia.
An ~Act to extend the boundary line of ::\Iount Airy ;m<l to define the limits thereof.

708

.JOL'RXAL OF THE SEKATE,

An Act to amend the charter of the City of .Taekson.
An Act to create the office of Supervisor of ( 'ounty Officers and County Record:,.
Respectfully submitted, H. A. BoYKIK, Chairman.

:VIr. Boykin, of the 17th District, Chairman of the Committee on Enrollment, submitted the follo"ing report:

illr. President: Your CommittPe on Enrollment report as duly
signed by the President of the Senate mHl Speaker of the House of Representatives, and delivered to the Governor, the following Acts, to wit.:
An .Act to establish a college in the town of Crawfordville, as a branch of the University of Georgia.
An ~-\ct to extend the boundary line of ::\lonnt Airy m1<l define the limits thereof.
An Act to amend the charter of the ('it~- of .Jaekson.
An Act to create. the office of Supenisor of County Officers and County Records.
Respectfu1ly submitted, H . .A. BoYKrx, ( 'hainnan.
::\[r. Dobbs, of the :~5th Distrid, Chairman of the Committee on \Y. & A. R. R., suhmitted thP follo\Ying report:

'VEDXESD.n, AuarsT 9, 1916.

709

lltr. President: Your Committee on W. & A. R. R. has 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 pass, to wit.:
A bill to amend Section 2581 of the Civil Code reg~ ulating the extension of railroad lines.
Respectfully submitted, E. P. DoBBs, Chairman.

l\fr. Stovall, of the 30th District, Acting Chairman of the Committee on Engrossing, submitted the following report :

llfr. President: Your Committee on Engrossing has examined and
found properly engrossed and ready for transmission to the Honse, the following hills, to wit.:
A bill to fix the salary of the Treasurer of 'Vorth County.
A bill to repeal an Act to amend an Act to incorporate the City of Blakely.
A bill to authorize the :Mayor and Council of the to"n of Hogansville to create a debt or debts.
A bill to amend an Act to constitute a Board of ( 'ommissioners for the County of -:\Ieriwether.
Respectfully submitted, STOVALL, Acting Chairman.

710

.JouRXAL OF THE SENATE,

)fr. Peacock, of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

Mr. President: Your <. 'ommittee on Corporations has had under
consideration the following bills of the House and instructed me as their Chairman to report same back to the Senate with the recommendation that same do pass, to wit. :
...:\ bill to repeal an Act incorporating the town of Offerman in Pierce County.
A hill to amend the charter of the city of Thomasville.
A bill to amend the charter of Augusta so as to extend the corporate limits.
A bill to repeal an Aet incorporating the to\\'11 of l\Iabelton.
A hill to amend the charter of Jefferson, Georgia.
A hill to amend the charter of East Ellijay, Ga.
A hill to amend the charter of the town of Avalon, Georgia.
..-\ hill to amend ''An Aet to create and establish a new charter for the Cit~ of Albany, Ga."
A hill to amend the charter of Butler.
.A bi11 to amend an Act creating a new charter of I .a \\Tenceville.

"WEDNESDAY, Al:"Gl:"ST 9, 1916.

711

~:\ bill to amend an Act incorporating the town of Bullochville, Georgia.
Respectfully submitted, PEACOCK, Chairman.

l\lr. Callahan, of the 8th District, Chairman of the Committee on Railroads, submitted the following report:

Mr. President: Your Committee on Railroads has had under con-
sideration the following, Senate Bill No. 355, of the Senate, and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass:
A bill to be entitled an Act to confer the right to condemn, lease or buy land for use in connection with the leased roads, and to extend the powers of eminent domain conferred on the lessors so that said powers shall cover the leased roads.
CALLAHAN, Chainnan.

Mr. ~-\.dams, of the 3':3d District, Chairman of the Committee on Special Judiciary, submitted the folIowing report:

Mr. President:
Your Committee on Special .Jucliciary has had under eonsideration the following bills of the House and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit.:

712

.Jot:R~AL oF THE SENATE,

~\ hill to incorporate Tallulah Park, m Habersham ( 'ounty.
A hill to repeal an Act entitled "_An Act to estahliRh tlw City Court of \Vashington.''
_A bill to amend the Act to create the City Court of SamlersYille.
A bill to amend an Act creating the City Court of Kewnan.
Your Committee has further had under consideration the following resolution of the House and instruct me, as their Chairman, to report same back with a recommendation that same clo pass, to wit.:
A resolution for the relief of George Spivey. Respectfully submitted, .T. 0. Av.nrs, Chairman.

).Ir. .;\Loon, of the :31th District, Chairman of the Committee on General .Judiciary, submitted the following report:

Mr. Prcsidrmt: Your Committee on General .Judiciary has had un-
rler f'on:-;icleration the following bills of the House and instructerl me, as their Chairman, to report :-;ame back to the Senate with the recommendation that same do pass, to wit.:
A bill to prohibit what are commonly called ''popnlaritr contests", and provide a penalt~- therefor.
A bill to provide for the inspection by State authorities of every private institution.

\VEDXESDAY, ~-i"CG"CST 0, 1916.

/13

A bill to require contractors for the construction of }JUblic buildings for the State, county and municipalities, to give bond.
Your Committee has further had under consideration the following bills of the House, and instruct me, as their Chairman, to report same back -with a recommendation that same do pass as amended, to wit.:
A bill to amend Section :34:-38 of the Civil Code of Georgia.

A hill to proYide for the special registration for any election in any count~' to dt>termine whether said count~- can crt>ate a (1ebt.
Your committee has also had under consideration the following bill of the Senate, and instruct me as their Chairman to re11ort same back with a recommendation that same do pass, by substitute, to wit.:
~-i bill to provide for the office of r\ otaries Public at Large for the State of Georgia.
Your Committee has further had under ronsideration the following hill of the Senate and instruct me as their Chairman to report same hack with a recommendation that same do pass as amended, to wit.:
A bill to prohibit persons other than nwmber:;:; from wearing lmttons, badges and pins, etc., of fraternal orders, etr.
Respectfully submitted, E. T. -:\Iom<, Chairman.

714

.JOL"RKAL OF THE SENATE,

The following message was received from the HousP through ~Ir. Boifeuillet, the Clerk thereof:

illr. President: The House has passell by the requisite constitu-
tional majority the follmYing bills of the House, to wit.:
A bill to amend Paragraph ~. Section 1, Article 11 of the Constitution of Georgia, so as to create Atkinson County.
~-\ hill to amend an Act erea ting a system of munieipa1 schools for Louisville, Ga.
.A bill to incorporate the town of Chester.
A bill to create new charter for town of Davisboro.
A hill to amend Act creating City Court of Quitman .
..:\ bill to amend the charter of the town of Dixie.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Jllr. President: The House has concurred in the Senate amend-
ments as amended of the following bills of the House, to wit.:
A bill to establish a county depository for county funds of Turner County.
The following message was received from the House through ~Ir. Boifeuillet, the Clerk thereof:

wEDNESDAY, ArG"LST. ~), 1916.

715

Mr. Ptesident: The House has passed by the requisite constitu-
tional majority the following bill of the House, to wit.:
A bill to require ordinaries to record names and addresses of consignees of vinous liquors, malts, etc.
The following House bills were read the third time to be put upon their passage, to wit.:

By 1Ir. Barber of GradyA bill to abolish the Board of Commissioners of
Roads and Revenues of Grad~ County.
The report of the committee, which was favorable to the passage of the bill, 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.

B~ :\Ir. Barber of GradyA hill to create a Board of Commissioners for
Grady County.
The report of the committee, "hich was fa,orable to the passage of the bill, was agreed to.
Upon the passage of the bill the a~es were 30, nays 0.
The bill, having recein<l tl1e requisite constitutional majority, was passed.

716

.Jor;RXAL OF THE SEXATE,

By Messrs. wheatley and Sheppard of SumterA bill to abolish the office of County Treasurer of
Sumter County.
The report of the committee, which was favorable to the passage of the bill, 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.

B~, ::\Iessrs. Beck and Dorsett of CarrollA hill to authorize the Commissioners of Hoads
and Revenues of Carroll ( 'ounty to have the main roads leading through incorporated towns and cities of said Carroll County, 'vorked out.
The report of the committee, which was fayorahle to the passage of the bill, was agreed to.
"C pon the passage of the bill the ayes "'ere 30, nays 0.
The hill, having neeiYPcl the n~quisitt~ <onstitutional majority, was pasH'<l.

B~, ~!r. Baggett.A hill to fix the salar~ of t!te ( ~onnty Treasurer
of Paulding County.
The report of the committ(~e, 'vhich was favorable to the passage of the hill, '"'as agreed to.
r pon the passagt> of t lw hill the a~'es "en :i'O,
nay:-: 0.

\VEDXESDAY, AL'GL'ST 9, 1916.

717

The hill, haYing received the requisite constitutional majority, wa8 passed.

By Jlr. Liles of Camden_.\. hill to amend an Act to fix the salary of the sec-
retary of the Board of Commissioners of Camden County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the hill, the ayes were :-30, nays 0.
The bill, having receive(l the requisite constitutional majority, was passed.

By Jl essrs. _.:\. tkinson, Blackburn and Andrews of Fulton-
A bill to fix the salary of the Treasurer of Fulton ( 'ounty.
The report of the committee, which was favorable to the passasge of the bill, was agreed to.
Cpon the passage of the hill the ayes were 30, nays 0.
The bill, having rect>ived the requisite constitutional majority, was passed.

B.\ Jlessrs. Olive, Beall, \Yoodward and Heath-
..\ bill to proYide for the appointment of an umpire by any court of reconl, in firt> insuranct> appraisals.

718

JouRXAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
tJpon the passage of the bill the ayes "'ere :~0, nays 0.
The bill, having receind the requisite eonstitutional majorit~-, was passed.

B~, :\fr. Elders of Tattnall.c\ bill to amend the road laws of Tattnall County.
The report of the committee, "'hich was favorable
to the passage of the bill, m:1S agreed to.
l-pon the passag-e of the hill the ayes were :30, nays 0.
The' bill, having receivPd the requisite constitutional majority, was passed.

B~ ~Ir. Elders of 'l'attnall-
.\ hill to anwncl tlw road laws of Evans ( 'ounty.
'l'he report of the eommittee, which was favorable to the passage of tl1e hill, was agreed to.
l'pon the passage of the hill the a~'PS wen' :30, nays 0.
The hill, having- rel'eivecl the requisite eonstitntional majorit~", was passed.
B~- ~Ir. Elders.\ hill to amencl the ~\d C'reating a Board of Coun-
t~- ( 'ommissionPrs for Evans ( 'ount~-.
The report of the committee, "'hi('h "'a;.; favorahl<> to til<' passagc of the hill, W<lS agTe<>d to.

\YEDXEso.u, AcGFST 9, 1916.

719

r pon the passage of the hill the a~es were 30,
nays 0.

The bill, having received the requisite constitutional majorit~, was passed.

B~ :\lr. Youmans of ('a nellerA bill to amend an Act to create a Board of Com-
missioners of Roads and Revenues for the County of Candler.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
lJpou the passage of the bill thE' ayes were 30, nays 0.
The bill, l1aving received the requisite constitutional majority, was passed.

By :\lr. Youmans of CandlerA bill to abolish the office of Treasurer of Cand-
ler County.
The report of the committee, which was favorable to the passage of the bill, 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 ~Ir. Stark of .JacksonA bill to amend an Act creating the City ( 'ourt of
.Jefferson.

7:!0

.JOUR""AL OF THE SENATE,

The report of the committee, llhich \\as fa,orahle to the passage of the bill, was agreed to.
e pon the passage of the bill the ayes \\ere :~o.
nays 0.
The hill, having receiYed the requisite constitutional majority, \\as passed.

By :Jfr. Pickeren of Charlton~-\ bill to amend an Act relatiYe to the turning over
of certain monies collectell for road tax in Cltarlton County to tlw town of Folkston.
The report of the eommittee, \Yhich was f<lYorahle to the passage of the bill, was agreed to.
l'pon the passage of the hill tl1e a~ps \\'Pl'l' :30, nays 0.
The hill, having received the requisite eonstitutional majority, was passPll.

By :Jir. ~-\mold of Henry~\ hill to amend an . :\et to create the office of ('om-
missionPr of Hoads and HevenuPs for tlw ( 'onnt~ of Henry.
Tht> report of the l'Ommittee, whieh was favornh!P to thP passage of the hill, \Ycts agreell to.
l 'pon thP passage of the hill tlw a~ls \\"(']'(' ::o,
na~s 0.
rrJH hill, Juwing reeein>d the requi;;it( l'OilStitu tiona! majorit~, wac: passt>d.

'VEDNESDAY, Arm.'ST 9, 1916.

721

By ~lr. Jloore of Jeff DaYis..:\ bill to amend an Act to establish the City Court
of Hazlehurst.
'rhe report of the committee, which was favorable to the passage of the hill, as amended, was agreed to.
Cpon the passage of the hill as amended the ayes WNe 30, nays 0.
The bill, having received the requisite constitutional majority was passed as amended and the amendment is as follows:
Committee amends by striking the words ''ten thousand dollars", in Section :1 of the hill, and inserting in li<'U thereof the words "Five thousand dollars.''

By .Jlr. Towl<s of ButtsA bill to fix the salm~ of the Treasurer of Butts
Count~'
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
Upon the passage of the bill as amended tl1e ayes "ere 30 and the nays 0.
The bill, !awing reeeived tlw requisite constitutional majorit~. was passed as amended and the amendments were as follows:
The rommittPP proposes to amenrl as follows:
Ntrike from S<:'ction 1 {hereof the words "fiye lmwlrPd dollars ($;)00.) per :mnum, payahl<> month-

JorRXAL oF THE SEYATE,
ly," and insert in lien thereof the following: "seven hundred and fifty dollars ($750.) per annum, payable monthly, Rixty-two and fifty one-hundredths dollarR per month.''
~trike Section :! thereof. :Xumher Section :~, Section 2.
By }lr. Arnold of Henry""\ bill to abolish the office of Treasurer of Henry
County.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
Cpon the passage of the bill as amended the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended, and the amendments were as follows:
( 'ommittee moves to amend Section 1 by striking the figures "1917 ", wherever they occur and insert the figures "191D".
:F'urther moves to amend Section 3 by striking the figures "1917," wherever they occur and inserting in lieu thereof the figures "l!H9".
l<'urther moves to amend Section 4 h~ striking the figures "1917 ", whereYer they occur and inserting in lieu thereof the figures "H)]9".
Purther moves to amend by striking from Section !i the words "present treasurer," and inserting the wonls ''treasurer in office at that time.''

\VED~ESDAY, AuGUS1' 9, 1916.

723

Further moves to amend Section 2 by striking therefrom the words "12th day of Sept., HH6, at the time of holding the primary election", and inserting the words "at the election of Governor, State house officers, members of the General Assemhl~, anti county officerR. ''
..-\I so b~ striking from the end of Section <J the words "to be nominated on this date."

By }lessrs. Brown and Atkinson~\ hill to establish the City Court of Swainsboro
in and for tlw ( 'ounty of Emanuel.
Th.t:> report of the committee, which was favorable to the pas,.:age of the hill as amencletl, was agreed to.
Cpon the passage of the hill HS amended the ayes were :30, nays 0.
The hill, haYing receiYed the requisite constitutional majority, was passed as amended, and the amendments were as follows:
_Amendment to House Bill Xo. 987, entitled "An Act to establish the City Court of Swainsboro, in and for the County of Emanuel.''
By striking from the said bill the caption thereof, and inserting in lieu thereof the following:
"An Act to establish the ('ity ( 'ourt of Swainsboro, in and for thP Count~ of Emanuel; to define its jurisdiction and powers; to provide for the appoinhnent of the ,iudge aml solieitor thereof, nn<l rlefhw their powPrs and tlnties, and provide

724

JocRNAL oF THE S.~o~:NATE,

for their _compensation; to provide for a clerk and sheriff thereof, and prescribe their duties and fees ; to provide for pleading and practice and trials therein, and writs of error therefrom, and for other purposes.''
By striking from the 7th, 8th, and 9th lines of Section 1 the words "wherein the principal amount claimed or involved exclusive of interest is as much as $50.00 ", and hy striking from the last line of said Section 1 the words ''and quo warrantos. ''
B~ striking therefrom all of Section :! and inserting in lieu thereof the following:
''Be it further enacted, That there shall be a ~udge of the City Court of Swainsboro, who shall be appointed by the Governor, by and with the ronsent of the Senate for a term of four years from the first day of January, 1917, and each fourth year a judge of said court shall likewise be appointed for each succeeding term of four years, and said judge shall hohl office until his successor is elected and qualified, and provided, that all varancies in the office of judge which may occur by death, resignation, removal or otherwise, shall be filled by appointment of the Governor for the residue of the unexpired term. Said appointment being subject to the appro;al of the Senate, whirh may he then in session, or if the Senate he not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The judge of the said court shall rereive a salary of $1,500 per annum, whi(h shall not he increased or diminished dur-

"WEDNESDAY, A 'CGl"ST 9, 1916.

7:25

ing his term of office, and shall be paid monthly out of the Treasury of the County of Emanuel by the person or persons charged by law with paying out money for said county.''
By striking from the 4th line of Section 3 the word "five", and inserting in lieu thereof the word ''three. ''
By striking from the 8th line of Section 6 the words ''is unable'', and inserting in lieu thereof the word ''fails.''
By striking Section H of said bill and inserting in lieu thereof the following:
''Be it further enacted, That there shall be a solicitor of the City Court of Swainsboro, who shall be appointed by the Governor, by and with the consent of the Senate, for a term of four years from th'e first day of .January, 1917, and whose successor shall likewise be appointed each fourth year for Pach succeeding term of four years, and said solicitor shall hold office until his successor is appointed and (1ualified; and provided, that all vacancies in the office of solicitor \Yhich may occur by death, resignation, removal or otherwise, shall be filled in like manner a:-; the office of .Judge of the City Court of 8wainsboro. The Solicitor of the said City Court of Swainsboro shall receive a salary of $1,200 per annum whieh shall not be increased or diminished during his term of offiee, and shall be paid monthly out of the Treasury of the County of Emanuel hy the person or person:'> <:>harged hy law with paying

/26

JouRNAL OF THE SENATE,

out mone~ of said county. Xo person shall be eligible to the office of solicitor of said city court who is not at least (:25) hYenty-five years of age, and who has not resided in the said eount~- for at least three ~-ears before his qualification and who has not been a practicing attorney at law for at least two ~-ears prec-eding his qualification.''
By inserting in the second line of Section 1:2, after the words "Sheriff of Emanuel County", the words ''and his deputies,'' and by inserting in the third line of said section, after the word ''sheriff'', the words "and his deputy sheriffs", and by striking in said thinl line the word "his", and inserting in lieu thereof the word "their", and by inserting in the fifth line of said section, hehnen the won1s '' sheriff'' and ''of'' tl1e words ''and deputy sheriffs.''
By striking from flection 1~1 of said Act from lines 1:2, J 3, H, J 5, and Hi, the following words:

''Ordinary suits brought to sai<l month I~ sessions shall he filed in the <Jerk's offic-e of sai<l rourt at least fifteen c1a~-s lwfon the term to 1dtieh tl1ey are
returnable and the sam< shall he serYed ten da~s at
least hefore saicl term."

B~- inserting in Sedion 14 on the !inP thcreof after the word "('oud" the words "in all eases h~ the .in<lge thl'reof \Yithont the Yerclict of a .im~.''
B~ adding at the end of Section :2:-r the follo"ing
\nwds: '' ProYided, that when an <'X<rution issuing from said rit~ eonrt sltall lw ]e,iPd on personal

\VEDXESDA'l, AFGFST 9, 1916.

727

property a sale of the _property so levied on ma~ be made at any regular sales day as now or hereafter fixed by law for the sale of property levied on hy the sheriffs of this State after advertising the prop<>rt~- so levie<l on ten days before tlw court house door and at t"o publie places in Emanuel County by posting a notiee of said sale, which notice shall specif: the time and plaee of said sale, which sales in all other respeets are to be conducted under the rules governing sales by sheriffs of the Superior Courts and provided further, that all levies upon land shall proceed in the same way as in like cases in the Superior Courts."
B~- striking all of Section 51 of said bill and inserting in lieu thereof the follo"ing:
''Be it further enacted, That said court shall open and begin its operations on the first of January, nineteen hundred seventeen.''

By :\lessrs. Yeomans of Terrell, Dorris of Crisp, and others-
.:\ bill to authorize county and local boards of education to furnish school books and supplies to school children.
The report of the committee, which was favorable to the passage of the bill as amended was agreed to.
Upon the passage of the bill as amended the ayes and nays were onlerecl and the vote was as follows, to wit.:

728

JouRNAL OF THE SENATE,

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Hailey, L. S. Bonner, T. B'. Boykin, H. A. Buchanan, vV. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Uillis, N. L. Harbin, T. W.

Harrison, w. T.
Hol<len, .J no. 1~. Lawrence, A. A. :\linter, C. C. :\loon, E. T. )fcCrory, C. R. :\feFarland, J. R. :\IcLaughlin, B. F. Paulk, Geo. A. Paulk, M. J. Peacock, Z. V. Pickett, D. C.

Pickett, Roscoe Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, Mark Tracy, C. C. Trammell, J. R. Turner, T. R. Ward, C. A. Walker, J. D. Way, J. B. 'Vren, '\V. J.

Those not votingwere Messrs.-

Carlton, J. A.

Ooolsby, B. F.

:\[angham, J. J.

Eakes-, W. J.

Haralson, Pat

Ransom, '\V. )f.

Fletcher, H. M.

Ayes 3G, nays 0.

The hill, having re<"eiYed the requisitt> eonstitutional majority, was passed as amen(l<'<l and the amendment was as follows, to wit.:

The committee amends by adding Section 1-l: and numbering remaining sections acconlingl~.
''Be it further enacted, That this ~let shall not be <onstrued to repeal directly or indirect!~- the present law a:-; to adoption of hnsal elementary l1ooks by the Rtate Boanl of Education for the puhlic schools of Georgia.''

By :\Iessrs. Roberts and :Jimtin of Hall.\ hill to fix the salary of the Treasurer of Hall
( 'ounty.
:\lr. Adams offered tlw following amendment, which was adopted, to wit.:

~WED~ESDAY, AUGVST 9, 1916.

7:29

~--\.mend by inserting between the words "that" and ''the'' in the first line of Section 2, the following words, to wit.: ".After .Tanuary 1st, 1919."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
V pon the passage of the bill as amended the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority was passed as amended.
The Senate, on motion of )Jr. "\Yren, insists on its amendments to the following bill of the House, to wit.:

B~ }Ir. King of .Jpffen;on.A bill to amend an ..::\et to establish the City ( 'ourt
of Louisville.
The following House bill was recommitted to the Committee on Counties and County }[attE'rs, to wit.:

Ry :Jir. Burruss of }forgan~--\. bill to fix the salary of the Treasurer of }[organ
County.
The following House bill was read the second time and recommitted to Special J ndiciary ( 'ommittt~e, to wit.:

By :Jir. Duffy of JonesA bill to amend an .Act to create the City Court of
Gray.

730

.JOURNAL OF THE SENATE,

Dpon motion of :\ir. :\IcLaughlin, Senate Bill No. 224 was taken from the table.
The following Senate bills were read the first time to wit.:

By jfr. Paulk of 15th DistrictA bill to incorporate the City of Helena.
Heferred to Corporations Committee.

B~- 1\ir. Buchanan.A bill to create the City Court of Morgan.
Heferred to Counties and County 1-fatters Committee.
The following resolution was read and referred to the Rules Commitee, to wit.:

By ::\fr. AkinA resolution to make Senate Bill Xo. 158 a spec-
ial and continuing order for Thursday, August 10, 1916.
The following Senate 'bill was read tl1e :;econd time and recommitted to Banks and Banking Committee, to wit.:
By .Jlr. walkerA hill to amend Section 3436 of the Code of HHO.
The following House bills were read the first time, to wit.:

By ::\Ir. Estes..:\ bill to prescribe the manner of holding primary
elections in Lincoln County.

WED~ESDAY, AUGUST 9, 1916.

731

Ref!:'lTe<l to ( 'ounties and County Matt-ers CommittPe.

By .Mr. Dorris of t'risp.A bill to amend an Act to create a Board of Com-
miRsioners for the County of Crisp.
Referred to Counties and County Matters Committee.

By :\lr. Estes of LimolnA bill to create a Board of Commissioners of
Roads and Revenues for Lincoln County.
Referred to Counties and County .Matters Committee.

By .:\ir. Steele of DeKalb.A bill to amend the charter of the town of Kirk-
wood.
Referred to Corporations ( 'ommittee.

By .:\lessrs. Dodd and l 'ole of BartowA bill to incorporate the town of Taylorsville.
Referred to Uorporations Committee.

By .:\le::;srs. Harris and Taylor of WashingtonA bill to provide for the handling of the county
funds of Washington County.
Referred to Counties and ( 'ounty :\Tatters Committee.

732

JouRNAL OF THE SENATE,

By .?\Ir. Collier.:\ bill to amend Section 1249, Volume 1 of the
('ode.
Referred to Banks and Banking Committee.

By ~fr. CollierA bill to amend the charter of the City of Toccoa.
Referred to Corporations Committee.
'J.1he following Senate bills were read the second time, to wit.:

By l\Ir. PeacockA bill to make penal the wearing of badges, but-
tons, ek, by persons not entitled to do so.

B~- )fr. Boykin.A bill to provide for the office of Xotaries Pub-
lic at Large.
The following Senate resolution was read the second time, to wit.:

B~- )lr. \ValkerA resolution making it the duty of the State Board
of Health to inYestigate semi-annually sanitary, sewerage and housing conditions at the State Prison Farm and Boys' Reformatory.
The following Benate bill, taken up for a third reading, was tabled, to wit.:

By )lr. ThomasA hill to create a ~tate Board of Game and Fish.

\VJm~ESDAY, Aum:sT 9, 1916.

73'3

The following House bills and resolutions were rPad for the second time, to wit.:

By :Jfr. Yeazey of Warren-
A bill to provide for the inspection by State authorities of every private institution in which citizens of Georgia and other States are kept in confinement.

By l\lr. Strickland of PierceA bill to repeal an Act incorporating the town
of Offerman, Pierce County.

By .:\1r. ( 'ollier of StephensA bill to amend the charter of the town of Avalon.

By .Mr. Fowler of Bibb-
A bill to require contractors of construction for public buildings for the State, county and munieipalitiet> to giw bond.

By :Jlr. Key of Jasper~-\ bill to amend an Act to incorporate the town of
. Hillsboro, Ga., Jasper County.

By :Jlr. Blackburn of :B'ulton~-\. resoluti01i for the relief of George Hviny, et al.

By :Jir. Stark of Jackson-
_.:\ bill to amend the charter of the City of J efferson, Jackson County, to authorize the establishment and maiuteuanee of' a system of watNworks.

1:3-! .

.TouR~AL OF THE SE~ATE,

B~ ::\1 r. Taylor and ::\Ir. Harris of \Va~hiugtonA bill to amend the Act to create the City ( 'ourt of
Sandersville.

By ::\Ir. Stark of Jackson~.\_ hill to amend the charter of the ('it) of .J effer-
son, Georgia, .Jackson ( 'ounty.

B~ ::\fessrs. Culpepper and \\'i lliams of ::\feri wet her~.\_ bill to amend an Act to incorporate thP town of
Bullorhville.

By ::\lr. -Peacock of Doughert~.\ hill to amend an Act to rreate and Pstahlish a
ne\\ charter for the Cit~ of ~\Than~.

B~ ::\lessrs. Hich of ::\liiiPr an<l Peacod{ of Dougherty-
,\ hill to proYide for the special rPgistration for an~ eiPction in any cotmt~ to <leterminP whether said county can create a (leht.

By ::\Iessrs. Green awl ~\mlerson of \VilkesA hill to repeal an .\ct to establish the City ( 'ourt
of Washington, .Wilkes County, Ga.

By ::\Ir. \V ohhender of ::\! uscogee"\ bill to prohihit what are rommonl~ callld ''pop-
ularity contests," and Jll'OYide penalt~ thPrPfor.

By ::\fr. Davis of Laurens..:\ hill to amend Section :l-1-:{H of the ( 'iYil ('ode of
Georgia.

'VEDNESDAY, .AUG"GST 9, 1916.

735

By :Jiessrs. :Jforris and Dorsey of Cobb.\ bill to repeal an Act incorporating the town of
:Jfahelton, C'obh Count~--

Ry :Jfr. Burtz of GilmerA bill to amend the charter of tlw town of Ji:a,;t
Ellijay.

B) ~Ir. "Marshall of TaylorA hill to amend the charter of the town of Butler,
in Taylor County.

By :Messrs. Jones and Kirby of CowetaA hill to amend an Act approYed October 5, 1887,
and amendatory Act approved Xovember 7, 1889, rreating C'i t) Court of ~ewnan.

B~- :Jfr. Hopkins of ThomasA bill to amend the charter of Cit)T of Thomas-
ville.

B~- l\Iessrs. Pharr and .Johnson of GwinnettA bill to amend an Act creating a new charter
of Lawrenceville.

B~- :Jfessrs. Olive, Beall and "'IYoodward of Richmond-
A hill to amend the <barter of the t 'ity of A ug:usta so as to extend the eorporate limits of Augusta_.

By :Jir. Perkins of HabershamA bill to incorporate Tallulah Park, Habersham
County, Ga.

.JOURNAL OF THE SENATE,
The following Senate hi lis were taken up for a third reading to be put upon their passage, to wit.:
B~ ::\Ir. Adams""\ hill to amend the <'harter of the City of Gaines-
:ville.
The report of the committee, which was f<worable to the passage of the hill, was agreed to.
"Cpon the passage of the hill the ayes were 30, nays 0.
The hill, having re<'ei\'e<l tlw requisite eoustitututional majority, was passed.
By }leHsrs. Burnside ancl HoldenA hill to amend Section 1207 of the Penal Code,
relating to apportioning convicts.
::\Jr. ::\loon offered tl1e following amPndnwnts, 'Yhieh were rNHl and aclopte<l, to "it.:
Amends hy striking tlw words one-half in the caption, in line fourteen, and inserting in li<'n thereof the word "all"; also h~ striking all of saill eaption after the word ''commission", in line nin<'teen.
},mends by striking the words "one-half of", in line eighteen in Sedion one in said bill; also by striking all of said section, beginning with the word "mid" in line twenty-three; also h~ striking the words "one-half of" in litw forty-tlnpp awl hy striking a 11 of thl~ words hegiuning with tlH won] "and" in line forty-nine in said section llown to and ineln!liug- tilt' \Yonl "population" iu lim' fift~-fonr.

"\VEDXESDAY, At:Gl!ST 9, 1916.

737

The report of the committee, which was favorable to the passage of the bill, was agreed to as arpended.
Cpou the passage of the hill as amended, the ayes
wer<> :w, nays 0.
Th<' hi11, having received the requisite constitutional majorit~, was passed as amended.
ThP following House hills were read the first time, to wit.:

By 11 r. ( 'ravey of Dodge.:\ hill to ineorporatP tlw town of ('hester, in the
County of Dodge.
Referred to ('orpomtions Committee.

By 1Iessrs. Fo\Yler, ..:\yer and BarfieldA hill to amencl the (barter of the City of :Jiacon.
RefC'rred to Corporations Committe<>.

B~ :\lr. Stewart of ( 'offf:'f:'.A hill to amend Paragraph 2, Section 1, Article 11
of the Constitution of Georgia so as to create the new County of .A tkinso11.
Heferrecl to the Constitutional Amendments Committee.

By ::\Jr. King of .Jefferson..:\ hill to mnend an .Ad to create a system of public
schools for .Louisville, Jefferson County.
({efelTP(l to Etlucation Committee.

738

JorRXAL OF THE f;t:XATE,

By Jlr. Taylor-
J\ hill to create a new charter for the town of Da-
visboro.
Referred to ('orporations Committee.

By :Messrs. Hodg-es and Turner of BrooksA bill to amend an Act to establish the City Court
of Quitman.
Rf'ferred to Special Judiciary Committee.

By :Jlr. Turner of BrooksA hill to amend the charter of the town of I)ixif'.
Referred to Co11wrations Committee.

B~- :Jfessrs. Youmans of Terrell and Arnold of Clarke-
;\ bill to appropriate to the Trustees of the University of Georg-ia for the use of the State )Jormal School at Athens, the sum of $100,000.00.
Referred to Appropriations ('ommittee.
The following ~enate bills were taken up for a third reading to be put upoi;J. their passage, to wit.:

By Mr. ])obbs.A bill to amend an Act approved ~oYemlwr :30,
1015, as amended by an Act approYecl August 4, 1fl15, providing for the leasing of the western & Atlantic Railroad.
The report of the committee, which was favorable to the- passage of the hill, "as agreed to.

\VwxESDAY, AcGl:ST 9, 1916.

739

1__;-pon the passage of the hill the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Upon motion, Senate Bill Xo. 266 was taken from the table.

By }ir. ThomasA bill to create a State Board of Game and Fish.
:\Ir. Dobbs offered the following substitute, which was read and adopted, to wit.:

A BILL
To he entitled an ~let to provide that the State Game and Fish Commissioner of this State shall be elected by the pPople; to proYide for the first election thereof; anti to fix the salary of said Commissioner; to provide a bond for said Commissioner, and for other purposes.
Sn"nox 1. Be it enacted by the General Assembly of the State of Georgia, and-it is hereby enacted by authorit~- of the same, That from and after the passage of this ~-\.d the State Game and Fish Commissioner of this State shall be elected by the people at the same time and in the same manner as the Governor, and State House officer:-; are eledell; provided, that the term of tl1e said oifiee shall be and remain as now prodded by law, and provided that the person now holding said office, or his snl'ccssor, as now provided

740

JouRNAL OF THE SENATE,

by law, shall serve during the remainder of the present unexpired term, and provided, further, that the first election under the provisions of this ..:-\.ct shall be held at the time for holding the general State election in November, 1916, to elect a State Game and Fish Commissioner for the term beginning September 1st, 1917.
SEc. 2. Be it further enacted b~- the authorit~ aforesaid, That from and after the passage of this Act the State Game and Fish Commissioner of this State shall receive a salary of three thousawl ($:3,000) dollars per annum, payable alone out of the funds coming into the Department of Game anti Fish as now provided by law, and in no eYent to he paid out of the Treasury of the State.
SEc. 3. Be it further enacted by the authority aforesaid, That the State Game and Fish Commissioner elected as provided herein after the expiration of the present unexpired term, shall give bond in the sum of eight thousand ($8,000.00) dollars to be made and conditioned as now proYid<>d b~- law.
SEc. 4. Be it further enacted by the authority aforesaid, That aU laws and parts of laws in conflict herewith be, and the same are, hereby repealed.
rpon the passage of the bill by substitute the a~es and nays were ordered and the Yote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R.

Bonner, T. B. Boykin, H. A.

Bvcha,an. \V. A. Callahan, J. W.

\YEDNESDAY, AuousT 9, 1916.

741

I

Dobbs, E. P.
Fagan, r. V.
Gillis, N. 1Goolsby, B. F. Haralson, Pat Harbin, T. W. Holden, J no. F.
La"rence, A. A.

Minter, C. C. McCrory, C. R. l\1cFarland, J. R. Paulk, Geo. A. Paulk, M. J. Pickett, Roscoe Smith, E. M.

Thomas, J. R. Tison, Mark Trammell, J. R. Ward, C. A. Walker, J. D. W-ay, J. B. Wren, W. J.

Those voting in the negative were Messrs.-

Bailey, L. S. Harrison, W. T. Moon, E. T.

McLaughlin, B. F Peacock, Z. V. Pickett, D. C.

Stovall, A. S. J. Tracy, C: C. Turner, T. R.

Those not voting were Messrs.-

Burnside, J. B. Carlton, J. A.

Eakes, W. J. Fletcher, H. M.

Mangham, J. J. Ransom, W. M.

A~es 28, nays 9.

The bill, having received the requisite constitutional majority, was passed.

lTpon motion the Senate adjourned until tomorrow morning at 10 o'dock.

SENA'rE CHAMBER, ATLANTA, GA.
'l'hursday, August 10, 1916.
The Senate met pursuant to adjournment at 10 o'clock, A. ::'1-1., and was called to order by the President.
Pra~er was offered by the Chaplain.
By unanimous consent the can of the roll was dispensed with.
By unanimous consent the reading of the Journal of yesterday's session was dispensed with.
Mr. Turner of the 21st District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. President: Your Committee on Banks and Banking has had
under consideration the following bill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend Section 1249, Volume 1, of Code, so as to add another bank in the town of Toccoa to the list of State depositories.
Your committee has also had under consideration the following bills of the Senate, which I am ins~ructed to report back to the Senate with the recommendation that the same do pass, to-wit.:

TmJRSDAY, A1:orsT 10, 1916.

743

A bill to create a Department of Banking in the State of Georgia.
A bill to amend Section 3436 of the Code of 1~10, relating to usury.
Respectfully submitted, TuRNER, Chairman.

Mr. Adams of the 33d District, Chairman of the_ Committee on Special Judiciary, submitted the following report:

Mr. President: Your Committee on Special Judiciary has had un-
der consideration the following bill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend an Act to establish City Court of Quitman.
A bill to abolish the City Court of Blakely. Respectfully submitted, J. 0. ADAMS, Chairman.

Mr. Peacock of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

111.r. President:
Your Committee on Corporations has had under consideration the following bill of the Senate and instructed me as their chairman to report same back

744

JouRNAL OF THE SENATE,

to the Senate with the recommendation that same do pass, to-wit.:
A bill to incorporate the city of Helena.
Your committee has further had under consideration the follo!Ving bill of the House and instruct me as their chairman to report same back with a recommendation that same do pass, to-wit.:
A bill to amend the charter of the town of Dixie.
A bill to repeal an Act constituting the present charter of the city of Gordon.
Your committee has further had under consideration the following bill of the House and instruct me as their chairman to report same back with a recommendation that same do pass as amended, to-wit.:
A bill to repeal an Act creating the City Court of Miller County.
Respectfully submitted, PEAcocK, Chairman.
Mr. Trammell of the 39th District, Chairman of the Committee on Public Library, submitted the following report:

Mr. President: Your Committee on Public Library has had under
consideration the following bill of the House, No. 621, and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass:
Said House Bill 621 making Cumming, Ga., a State

THl:.RsnAY, Al.'GVST 10, 1916.

745 .

depository, has been committed and recommitted to several committees, and is now reported by this committee, after being transferred from the Special Judiciary Committee and we recommend that said bill do pass.
J. R. TRAMMELL, Chairman. A~gust 9, 1916.

Mr. Ward of the 5th District, Acting Chairman of the Committee on Engrossing, submitted the following report:

JJ1r. President: Your Committee on Engrossing has examined and
found properly engrossed and ready for transmission to the House the following bills, to-wit. :
A bill to amend an Act to incorporate the city of Gainesville.
A bill to provide for the leasing of the Western & Atlantic Railroad.
A bill to create a State Board of Game and Fish of this State.
Respectfully submitted, C. A. WARD, Acting Chairman.
Mr. Goolsby of the 28th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President: Your Committee on Counties and County Matters
has had under consideration the following bills of the

746

J-oURXAL oF THE SENATE,

Senate and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to fix the salary of the Treasurer of Franklin County.
A bill to create the City Court of Morgan in Calhoun County.
Your committee has further had under consideration the following bills of the House and instruct me as their chairman to report same back with a recommendation that same do pass, to-wit.:
A bill to amend an Act to create the office of Commissioner of Roads and Revenues for Tift County.
A bill to amend an Act approved August 15, 1914, concurring the removal and erection of bridges in the city of Rome.
A bill to amend an Act entitled an Act to create Board of Commissioners of Road-s and Revenues for Montgomery County.
A bill to abolish office of County Treasurer in Thomas County.
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for .Jackson County.
A bill changing term of Commissioners of Roads and Revenues of Glynn County.
A bill to create a Bond Commission for Bacon County.

THURSDAY, AcGUST 10, 191G.

74-7

A bill to abolish the office of County Treasurer forDade County.
A bill to provide for handling of the cuunty funds of the county of Washington.
A bill to provide for the pay of the County Treasurer of Jones County.
A bill to amend an Act creating a Board of County Commissioners for Crisp County.
A bill to fix the time for collection of commutation road tax in Thomas County.
A bill to abolish the office of County Treasurer of Mitchell County.
Your committee has further had under consideration the following bill of the House and instruct me as their chairman to report same back with a recommendation that same do pass as amended, to-wit.:
A bill to create a Board of Commissioners of Roads and Revenues for Banks County.
Your committee has further bad under consideration the following bill of the House and instruct me as their chairman to report same back with a recommendation that same do pass by substitute, to-wit.:
A bill to abolish the office of County Treasurer of Pulaski County
Respectfully submitted, B. E. GooLsBY, Chairman.
Mr. Walker of the 20th District, Chairman of the Committee on Appropriations, submitted the following report:

748

JouRNAL oF THE SENATE,

Mr. President: Your Committee on Appropriations has had un-
der consideration the following resolutions of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A resolution to pay pension of Mrs. Sarah A. Wilson.
A resolution to appropriate sixty dollars to the Ordinary of Effingham County to pay the expenses
of last illness of J. W. Morrell.
A resolution for the payment to Mrs. W. E. Stehbins a pension for the year of 1913.
A resolution for the relief of Mrs. R. U. Chunn.
A resolution to pay Mrs. Hulda Whitehead the pension of sixty dollars for 1914.
A resolution to appropriate the sum of sixty dollars to pay pension to Mrs. J. W. Brittman.
A resolution to appropriate $60.00 to pay pension of Mrs. Z. E. A. Spence of Putnam County.
A resolution to appropriate $60.00 to pay pension of Mrs. L. E. York of Cobb County.
A resolution to provide for the payment of a pension to Mrs. Fannie Willis.
A resolution to have pension paid to .Tohn "'Vard for year 1915.
A resolution to pay pension to Mrs. Patheney ~Ias sey.

THCRSDAY, AcGL"ST 10, 191G.

749

A resolution to pay pension of Mrs. L..NL Tyson, a pension that had accrued but had not been paid at date of her death.
A resolution to pay the pension of Mrs. Lidia A. Reagin.
A resolution to pay pension to Mrs. Fannie J. Abernatha of Henry County.
A resolution to appropriate pension for :Mrs. Hamil.
A resolution to appropriate funds to pay expenses of various committees of the House and Senate.
A resolution to appropriate thirty thousand dollars to complete payment of pension rolls for 191G.

A resolution to appropriate ($1,000) one thousand dollars for improvement and care of Confederate Cemetery at Marietta.

Your committee has further had under consideration the following bill of the House and instruct me as its chairman to report same back with a recommendation that same do pass, to-wit.:
A bill to appropriate the sum of fifty thousand dollars for building a dormitory upon the campus of Georgia Normal and Industrial College at Milledgeville, Ga.
Your committee has further had under consideration the following bill of the House and instruct me as their chairman to report same back with a recommendation that same do pass as amended, to-wit.:

7JU

Jot:RNAL OF THE SENATE,

A bill to appropriate to the Trustees of the University of Georgia for the use of the State Normal School at Athens $100,000.
A bill to appropriate $50,000.00 for the building of a dormitory upon the campus of the South Georgia State Normal College.
A bill to appropriate to the Trustees of Resaca Confederate Cemetery $500.00.
Respectfully submitted, JNo. D. WALKER, Chairman.

1\fr. McFarland, Chairman of the Committee on School for the Deaf, submitted the following report:

Mr. President: \Ve, your Committee for the School for the Deaf
at Cave Spring, beg leave to report the following: \Ve find the buildings in good repair and neatly
kept, but we find that an additional building is badly needed to properly accommodate the pupils.
Owing to the congested condition the committee recommends that the Legislature appropriate $25,000.00 for the purpose of building a primary department separate from the main building; also to makc> provisions for elevator in main building; also to make sufficient provision for toilets on first floor of main dormitory of school building.
vVe find the health of the pupils in perfect condition.
The food furnished the pupils is sufficient and well prepared and all the pupils seem to he happy and contented.

THeRSVAY, A-eaesT 10, 19W.

751

Georgia should be liberal in sustaining this school for it is accomplishing a great work. We are especially impressed with the patience and earnestness and efficiency of all the teachers connected with the school.
All money seems to be well spent and all accounts accurately kept.
J. R. l\IcFARLAND, Chairman Joint Committee. vV. T. HARRTSON, Secretary.
Mr. Smith of the 34th District, Chairman of the Committee on Constitutional Amendments, submitted the following report :

illr. President: Your Committee on Constitutional Amendments
has had under consideration the following bill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass:
House Bill No. 25, by ~fr. Stewart of Coffee-

A bill to amend Paragraph 2, Section 1, Article 11

of the Constitution, so as to create "Atkinson Coun-

ty."

Respectfully submitted,

August 10, 1916.

SMITH, Chairman.

Mr. Peacock of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

Mr. President: Your Committee on Corporations has had under
consideration the following bill of the Senate and

752

Jm:;RN"AL OF THE SENATE,

instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend the charter of the city of Blakely. Respectfully submitted, PEACOCK, Chairman.

Mr. Fletcher of the 26th District, Chairman of the Committee on Military Matters, submitted the following report:

i11r. President: Your Committee on Military Matters has had un-
der 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 pass by substitute:
A bill to be entitled an Act to accept and carry out the provisions of the Act of Congress approved June 3, 1916, providing for the reorgaillization of the Army and National Guard.
H. l\f. FLETCHER, 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-
tional majority the following bills of the Senate, towit.:
A bill to amend the charter of the city of Douglas.

THL"RSDAY, A"C"GL'ST 10, 1916.

753

A bill to repeal an' Act to incorporate the city of Isabella.
The House has concurred in the Senate substitute to the following bill of the House, to-wit.:
A bill to create a municipal court for the city of Augusta.
The House has concurred in the Senate amendment to the following bill of the House, to-wit.:
A bill to amend the Act creating a Board of County Commissioners for Tattnall County.
The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof:

i1fr. President: The House has passed by the requisite constitu-
tional majority the following joint resolution of the House, to-wit.:
A resolution to authorize the Treasurer to transfer certain funds to account of Keeper of Public Buildings.
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.:
A bill to appropriate the sum of two hundred thousand dollars for the Georgia State Sanitarium.

754

Jot'RNAL Ob' THE SENATE,

A bill to fix the salary of the 'freasurer of Franklin County.
A bill to require the Commissioners of Pulaski County to have main thoroughfares worked by the county chaingang.
A bill to require Commis~ioners of Charlton County to pay certain monies to mayor and council of St. George.
A bill to provide compensation for Treasurer of Early County.
A bill to amend an Act establishing City Court of Millen.
A bill to amend the charter of the city of Millen.
A bill to fix the salary of the Treasurer of Grady County.
A bill to abolish office of Treasurer of Catoosa County.
A bill to regulate the running of vehicles on the roads of Bacon County.
A bill to empower Commissioners of Tift County to contribute towards the support of Tift County Hospital from the funds of the treasury.
The following bill of the House was recommitted to Corporations Committee, to-wit.:

By Mr. KeyA bill to amend the charter of the town of Hills-
boro.

THURSDAY, AuGUST 10, 1916.

755

The following House bills were read the third time to be put upon their passage, to-wit.:

By Mr. Perkins of HabershamA bill to incorporate Tallulah Park, Habersham
County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and the nays 0.
The bill, having received the requisite constitutional majority, was passed.

By ~iessrs. Pharr and Johnson of GwinnettA bill to amend an Act creating a new charter for
Lawrenceville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and the nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Messrs. Taylor and Harris of WashingtonA bill to amend the Act to create the City Court
of Sandersville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Fpon the passage of the bill the ayes were 30 and the nays 0.

/36

.JOCRXAL OF THE SEX ATE,

The bill, having received the requisite constitutional majority, was passed.

By -:\Iessrs. Green and Anderson of WilkesA bill to repeal an Act to establish the City Court
of \Vashington, \Vilkes County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
lJpon the passage of the bill the ayes were 30 and the nays 0.
The bill, having received the requisite constitutional majority, was passed.

By 1\Ir. Marshall of TaylorA bill to amend the charter of Butler, Taylor
County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and the nays 0.
The bill, having received the requisite constitutional majority, was passed.

By :Mr. Collier of StephensA bill to amend the charter of Avalon.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and the nays 0.

THURSDAY, AuousT 10, 1916.

757

The bill, having received the requisite constitutional majority, was passed.

By Mr. Strickland of PierceA bill to repeal an Act incorporating Offerman,
Pierce County, Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and the nays 0.
The bill, having received the requisite constitutional majority, was passed:

By Mr. Peacock of DoughertyA bill to amend an .Act to create and establish a
new- charter for the city of Albany.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and the nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Stark of JacksonA bi1l to amend an Act to amend the charter of
the city of Jefferson, Jackson County, Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and the nays 0.

758

JouRNAL OF THE SENATE,

The bill, having receiYed the requisite constitutional majority, was passed.

By Mr. Stark of JacksonA bill to amend the charter of J e:fferson, Jackson
County, Georgia, approved December 12, 1899.
The report of the committee, which was favorable to the passage of the bi11, was agreed to.
Upon the passage of the bill the ayes were 30, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Messrs. Culpepper and Williams of Meriwether. A bill to amend an Act to'incorporate the town of
Bullochville.
'l'he report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, tlw nays 0.
The bill, having received the requisite constitutional majority, was passed.

By ~1essrs. Olive, BeaU and vVoodward of Richmond. ~-\. bill to amend the charter of the city of Augusta.
The report of the committee, which was favorable to the passage of the bil1, was agreed to.
Upon the passag-e of the bill the ayes were 30 and the nays 0.

THrRSDAY, ArursT 10, 19Hi.

759

The bill, having received the requisite constitutional majority, was passed.

By :Mr. Burtz of GilmerA bill to amend charter of East Ellijay.
The report of the committee, which was favorahle to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Messrs. Morris and Dorsey of CobbA bill to repeal Act incorporating the town of
:M:abelton, Cobb County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and the nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Messrs. Jones and Kirby of CowetaA bill to amend an Act creating the City Court
of Newnan.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, the nays 0.

7(i0

JocRN;tL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

By Mr. DuffyA bill to provide a salary for the rrreasurer of
Jones County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were :30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. :Marshall of TaylorA bill to abolish the office of County Treasurer of
Taylor County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Sloan of ForsythA bill to amend Section 1249, Volume 1, of the
Code, so as to add the town of Cumming to the list of State depositories.
The report of the committee, which was favorable to the passage of the hill, was agreed to.

THl:RSuAY, A1musT 10, HHG.

761

Upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Dart of GlynnA bill to change t!Je term of Commissioners of
Roads and Revenues of Glynn County.
Mr. Akin offered the following amendment, which was adopted, to-wit.:
Amend by striking the words ''four years'' and insert in lieu thereof the words ''two years.'' .
The report of the committee, which wag favorable to the passage of the bill, was agreed to as amended.
Upon the passage of the bill as amended the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

By 1\Ir. JoneS' of Wilk~nsonA bill to create a new charter for the city of Gor-
don.
The report of the committee, which was favorable to the pasRage of the bill as amended, was agreed to.
Upon the passage of the hill as amended, the ayes were 30 and nays 0.
The bill, having received the requisite constituti_!>nal majority, was passed as amended, and the amendments are as follows:

762

JorRKAL oF THE SENATE,

Section 33. Be it further enacted, That said mayor and council shall designate three freeholders residing within said town to manage said election~ The polls shall be opened at ten o'clock A. M. and kept open until three o'clock P.M. The managers of said election shall report the result of said election to the ordinary of the county of Wilkinson and Rhal1 file with said ordinary a list of the persons voting, together with the ballots cast, and it shall be the duty of said ordinary to declare the result. After said result is declared, and if no contest is filed with said ordinary within thirty days after he declares tht> result of said election, then he shall destroy said lists and ballots. If a contest is filed with said ordinary he shall hear and pass upon same, and the same rules shall govern said hearing as are applicable to election contests as provided by the general laws for contesting the elections of mayors and councils.

Section 34. Be it further enacted, That those vot-

ing for said extension shall have written or printed

on said ballots "For e:x:tension." Those voting

against said extension shall have written or printed

on said ballots ''Against extension.''



Section 35. Be it further enacted, That this ),d shall not become effective, in so far as the same extends the present corporate limits of said town of Gordon, Georgia, until the same has been ratified hy a majority vote of the qualified voters residing within tlw pr<>sE>nt C'orporate limits of said town of Gordon. within thirty dayR from the date this Ad is approved hy the Governor and the mayor and

THURSDAY, AU"Gl:'ST 10, 1916.

7()3

council of said town shall call an election to be held for the purpose of submitting to the voters the ratification or disapproval of the provisions of this Act, extending said corporate limits. Said election shall be held on the second Saturday in October, 1916. At said election all persons shall be entitled to vote who are qualified to vote in the State primary to be held on September 12, 1916, and such persons as may register for said special election. upon the calling of said special election said mayor and council shall open registration books for said special election, which books shall be closed at six o'clock P. M. on the first Saturday in October, 1916. Said election shall be held at the regular voting precinct in said town of Gordon.
Committee amends "Section Thirty-three" by striking therefrom ''thirty-three'' and adding thereto the words "thirty-five."
Under Section 6, in first clause, 8th line, should read ''and enter upon the discharge of their respective duties on the first day of January following the said election.''
And under Section 7, second line, should read ''by the board of council on first Monday night of each year.''
And under Section 8, 25th line, should read ''I will faithfully and impartially discharge my duties as (in whatever capacity) serving city of Gordon.''
Under Section 14, first clause, 1st line, striking out words ''court house,'' and inserting words ''city hall."

764

.JolJRNAL OF THE SENATE,

Under Section 18, fourth clause, 20th, 21st and 23d lines should read "charge and accuse (naming the accused with the offense, naming the offense for, that the said party in the city on the ____ date), did commit (naming crime), contrary to the laws of said city."
Under Section 19, 8th line should read "may be suspended or removed from office as provided in Section Four."
The following House bill was read the first time, to-wit.:

By :Mr. HarrisA bill to require ordinaries to record names and
addresses of consignees of vinous and malt liquors, etc.
Referred to Finance Committee.
The following Senate resolution and bills were read the first time, to-wit.:

By Mr. HarrisonA resolution designating the State Board of Edu-
cation as the body to receive funds under the SmithHughes bi1l pending in Congress.
Ref('rred to Education Committee.

By Mr. WalkerA bill to amend the Tax Equalization Law of
Georgia.
Referred to Finance Committee.

THl:RSDAY, Al:Gl..'ST 10, 1916.

765

By Mr. HarrisonA bill to fix the salary of the Treasurer of Upson
County.
Referred to Education Committee.
The following Senate bills were read the second time, to-wit. :

By Mr. Paulk of the 15th DistrictA bill to incorporate the city of Helena.

By Mr. BuchananA bill to create the City Court of Morgan.

By Mr. BonnerA bill to fix the salary of the Treasurer of Frank-
lin County.

By Mr. BuchananA bill to amend the charter of the city of Blakely.

By Mr. Buchanan-
. A b.ill to abolish the Citv Court of Blakely.
The following House bill was taken up for the purpose of acting on the House amendment, to-wit.:
A bill to establish a county depository for county funds of Turner County.
The House amendment was as follows:
Amend Senate Amendment No. 2 to House Bill 741 by adding the following words after the word "issue" in line 23 of Section 1 and before the word

(()(j

.JouR~AL oF THE SENATE,

"for" in said line 23, "and result declared in favor of that side of the issue.''
The amendment of the House was concurred in.
The foJlowing House bi11s were read the second time, to-wit.:

By Mr. YoungA bill to amend an Act to create the office of Com-
missioner of Roads and Revenues for Tift County.

By Mr. HopkinsA bill to abolish the office of Treasurer of Thomas
County.

By Mr. Smith of DadeA bill to abolish the office of Treasurer of Dade
County.

By Mr. Bale of Floyd-
A bill to amend an Act approved August 15, 1914, concerning the removal and erection of bridges m the city of Rome.

By Messrs. Hopkins and BowersA bill to fix the time for collection of commutation
road tax in Thomas County.

By Mr. GilliS' of Montgomery-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of 1\-fontgomery.

TH"L"RSDAY, ArarsT 10, l!HG.

767

By Mr. Carter of BaconA bill to create a Bond Commission for the county
of Bacon.

By Mr. Anderson of BanksA bill to create a Board of Commissioners of
Roads and Revenues for Banks County.

By Mr. Chancey of PulaskiA bill to abolish the office of County Treasurer of
Pulaski County.

By Mr. Rich of MillerA bill to repeal an Act creating the City Court of
:Miller County.

By Mr. Jones of WilkinsonA bi1l to repeal the several Acts incorporating the
city of Gordon.

By Mr. CollierA bill to amend Section 1249, Volume 1, of the
Code.
By Mr. Dorris of CrispA bill to amend an Act to create a Board of Com-
missioners for the county of Crisp.
By Messrs. Harris and Taylor of WashingtonA bill to pro-vide for the handling of county funds
of \Vashington County.

By Mr. Turner of BrooksA bill to amend the charter of the town of Dixie.

'j(i8

.JouRXAL OF THE SEKATE,

By }Iessrs. Hodges and Turner of BrooksA bill to amend an Act to establish the City Court
of Quitman.

By Mr. Spence of :MitchellA bill to abolish the County Treasurer of }Iitchell
County.

By Messrs. Stark and Allen of JacksonA bill to amend an Act creating a Board of Com-
missioners of Jackson County.
The following Senate bills were taken up for a third reading to be put upon their passage, to-wit.:

By Mr. LawrenceA bill to confer on the lessors of railroads the
right to condemn, lease or buy lands for use in connection with the leased roads.
The report of the committee, which was favorable to the passage of the bill, was agTeed to.
Upon the passage of the bill the ayes \\ere 27 and nays 0.
The bill, haYing received the requisite <onstitutionalmajority, was pas~ed.

By ~Ir. }fcLaughlinA bill to require the warden in charge of the con-
vict road hands, when a public road runs through an incorporated town or city, to work such roads.
:Mr. Burnside offered the following amendment, which was adopted, to-wit.:

THURSDAY, AuousT 10, 19H).

769

Amend by adding the following at the end of Section 1:
A public road which runs through an incorporated town or city, within the meaning of this Act, is a road or street which constitutes a part of a public road or highway leading through or into any such town or city from the territory without, and does not include any intersecting or other street within such town or city.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
l'pon the passage of the bill as amended, the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

By :Mr. BoykinA bill to provide for the office of notaries public at
large.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
Upon the passage o~ the bill by substitute the ayes were 27 and nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute and the substitute was as follows:
Committee Substitute for Senate Bill No. 214:

770

.T01!RXAL OF THE SENATE,

A BILL
To be entitled an Act to provide for the appointment of notaries public for the State at large.
SECTION" I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, 'fhat power to appoint notaries public for the State at large be, and the same is, hereby vested in the State Librarian.
SEc. II. Be it further enacted, That notaries public appointed by the State Librarian shall hold office for four years, revocable at any time by the State Librarian, and said notaries shall have authority to act in any county in the State of Georgia.
SEc. III. Be it further enacted, That the applicant for appointment shall pay to the State Librarian a fee of $2.00, and the State Librarian shall issue a certificate of appointment to such applicant, file the petition and order of appointment in the office of the State Librarian, and shall register the name of such notary in a hook to he kept in the office of the State Librarian for that purpose. The fee herein provided for shall he retained by the Librarian as compensation for services rendered in connection with said appointment.
SEc. IV. Be it further enacted, That the qualification, powers, duties, fees and liabilities of such notaries shall be the same as those prescribed by law for notaries public appointed by judges of the superior court, except that they are authorized to act in any county in the State of Georgia, instead of only in the county of their residence and appointment,

THURSDAY, AUGUST 10, 1916.

771

this Act not being intended in any manner to repeal or modify the law with reference to notaries public appointed by judges of the superior court, but to create another class of notaries with power to act in any county in Georgia.
SEc. V. Be it further enacted, That the official signature of notaries appointed under this Act shall indicate that they are for the ''State at large.''
SEc. VI. Be it further enacted, That the State Librarian is authorized and empowered to administer to notaries appointed under this Act the following oath, to-wit.: "I, __________________ , do solemnly swear, or affirm, that I will well and truly perform the duties of a notary public for the State of Georgia, to the best of my ability; and I further swear, or affirm, that I am not the holder of any public _money belonging to the State and unaccounted for. So help me God," which shall be taken and subscribed by such notary before entering upon the duties of his office, before said Librarian or any officer authorized to administer oaths.
SEc. VII. Be it further enacted, That all laws and parts of laws in conflict witl;t this Act be and they are hereby repealed.

By Mr. Paulk of the 6th DistrictA bill to amend an Act to provide for the leasing
of the Western & Atlantic Railroad.
Mr. Akin offered the following amendment, which was adopted, to-wit.:

772

.JOURNAL OF THE SENATE,

Amend by inserting after the word ''road'' in the 4th line from the bottom of :first page, the following:
''But is also authorized to contract for and purchase any road or roads already built between the present terminus of the State's road and the sea that will effect a connection with one or more of the ports above mentioned.''
Upon the passage of the bill as amended the ayes were 32 and nays 4.
The bill, having received the requisite constitutional majority, was passed as amended.

By Mr. Paulk of the 6th DistrictA bill to amend Article 7, Section 12 of the Consti-
tution of this State so as to authorize an increase of the bonded debt for the extension of the \Vestern & Atlantic Railroad from Atlanta to Savannah, Brunswick, St. Mary's and Jacksonville.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were :Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P.

Eakes, W. J. Fagan, T.V. Fletcher, H. M. Gillis, N. L. Goolsby, B. F. Haralson, Pat Harbin, T. W. Harrison, W. T. Holden, Jno. F.

Lawrence, A. A. :i\Iangham, J. J. McCrory, C. R. )icFarland, J. R. )lcLaughlin, B. F. Paulk, Geo. A. Paulk, M. J. Peacock, Z. V. Pid:ett, Roscoe

Tm:RSDAY, At"uU::>T 10, 1916.

773

StoYall, A. S. J. Thomas, J. R. Tison, ::IIark

Trar:, C. C. Trammell, J. R. Turner, T. R.

Ward, C'. A. Walker, J. D. Way, J. B.

Those voting in the negative were }Iessrs.-

:\linter, C. C.

;\loon, E. T.

Pickett, D. C.

Those not voting were Messrs.-

Carlton, J. A. Ransom, W. :M.

Smith, E. M.

Wren, W. J.

~~yes 36, nays 3.

The bill, having received the requisite constitutional majority, was passed, and the bill is as follows:

Senate Bill No. 258. Constitutional Amendments.

By :Mr. Paulk of 6th. Passed Senate Aug. 10, 1916.

A BJLL
To be entitled an Act to amend Article 7, Section 12 of the Constitution of this State so as to authorize an increase of the bonded debt of the State for the extension of the V\1estern & Atlantic Railroad from Atlanta to Savannah, Brunswick, St. Mary's and Jacksonville, or any one or more of said ports and the construction of intermediate and terminal faciJjties necessary to the operation of a first-class railroad.
SECTION 1. Be it enacted by the General A,:sembly of the State of Georgia, and it is hereby enacted . by the authority of the same, That Article 7, Section 12 of the Constitution of this State, is hereby amended by adding at the end of said Section 12, the follow-

774

Jot:RN"AL OF THE SENATE,

ing words: ''or to provide for the extension of the Western & Atlantic Railroad to Savannah, Brunswick and St. Mary's and Jacksonville, or any one or more of said ports, and the construction of intermediate and terminal facilities necessary to the operation of a :first-class railroad. The General Assembly shall not have power to authorize the issue of exceeding $10,000,000 of bonds for such purpose or purposes, nor shall any bonds for such purpose or purposes be issued unless simultaneously therewith or previous thereto, the property to be extended, developed or improved, shall be or shall have been leased for a term of twenty-five years or more, and for a sum, the minimum amount of which shall be sufficient to pay the interest on the bonds issued for such purposes and also provide 2 per cent. per annum as a sinking fund for the payment of such
bonds at maturity," so that said Article 7, Section
12, as amended, shall read:
"The bonded debt of the State shall never be increased except to repel invasion, suppress insurrection, or defend the State in time of war, or to provide for the extension of the western & Atlantic Railroad from Atlanta to Savannah, Brunswick, St. Mary's and Jacksonville, or any one or more of said ports, and the construction of intermediate and terminal facilities necessary to the operation of a firstclass railroad. The General Assembly shall not have power to authorize the issue of exceeding $10,000,000 of bonds for the purpose of extending said W estern & Atlantic Railroad, nor shall any bonds for such purpose or purposes be issued unless simul-

Tm:RsDAY, ArarsT 10, 1916.

715

taneously therewith or previous thereto, the property to be extended, developed or improved, shall be or shall have been leased for a term of twenty-five years or more, and for a sum, the minimum amount of which shall be sufficient to pay the interest on the bonds issued for such purposes and also provide 2 per cent. per annum as a sinking fund for the payment of such bonds at maturity."

SEc. 2. Be it further enacted by the authority aforesaid, That whenever the aboye proposed amendment to the Constitution shall be agreed to by twothirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the ayes and nays taken thereon, the GoYernor shall, and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each Congressional District in this State for the period of two months and next preceding the time of holding the next general election.

SEc. 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next .general election to be held after publication as provided for in the second section of this Act, in the seYeral districts of this State, at which election every person shall be qualified t~ vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or print-

776

JorRNAL OF THE SE~ATE,

ed on their ballots the words: ''For amendment allowing- increase of bonded indebtedness of the State," and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words: ''Against amendment allowing- increase of bonded indebtedness of the State."
SEc. 4. Be it further enacted by the authority aforesaid, 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 Act to a Yote of the people as required by the
Constitution of this State in Paragraph One of Section One of ~-\rticle Thirteen, and by this Act, and if ratified, the GoYernor shall, when he ascertains such ratification from the Secretary of State, to whom the returns sl1all be referred in the manner as in cases of election for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified.
SEc. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

By 1\Ir. Fletcher of the 26th District, by request-
A bill to accept and carry out the provisions of the Act of Congress approved June 3, 1916, providing for the reorganization of the Army and National Guard.

THURSDAY, AUGUST 10, 1916.

777

The following substitute to the bill was offered by the Committee on Military Affairs, to-wit.:

A BILL To .be entitled an Act to reorganize the military
forces of this State; to conform the organization and discipline to the requirements of the United States; to revise the military laws and make of force a military code; to provide penalties for the violation thereof; and to provide for the issue of regulations thereunder; and to authorize counties and cities to make appropriations for the support of local military organizations; to repeal all laws referring to the military for:ces, not herein re-enacted; and for other purposes.
SECTION 1. Be it enacted by the General A!"sembly of the State of Georgia, and it is hereby enactP.d by authority of the same:

0RGANIZAT0N.
1. Commander-in-Chief. The Governor of the State, by virtue of his office, shall he the Commander-in-Chief of the militia of the State, exeept of such portions as may at tim<>s be in the l'ienice of the United States.
2. Governor's Authotity. The Governor, besides the authority conferred by the laws of forre, is authorized to make such regulations as may he necessary for the carrying out of this Act, and as may be necessasry to conform in detail to all require-

778

Jot;RN"AL oF THE SENATE,

ments of the vVar Department of the United States, made in pursuance of the Acts of Congress concerning the militia.

3. Governor's Stajj'. The staff of the Governor shall consist of one Adjutant-General, to be appointed by the Governor, who shall have the rank of Brigadier-General and no person shall be eligible to such appointment unless he shall have served in the Confederate Army or N'avy, or not less than five years in the United States Army or N'avy, or unless he shall be a retired officer, veteran member, or active member of the National Guard of Georgia, and such officer shall continue in office during good behavior unless especially retired by the Governor; one. aide-de-camp, who shall haYe the rarik of colonel, and twenty-three aides-de-camp, who shall haYe the rank of lieutenant-colonel to be appointed (or detailed) by the Governor within his discretion, without regard to previous military service or age Jimit; such officers to hold office during the pleasure of the Governor, but their commission shall expire with the term of office of the Gowrnor appointing them. Officers in active commission in the Kational Guard of Georgia and in the Naval }lilitia of Georgia only shall be appointed to serve by detail, and when so serving, shall have all the rights and privileges of the increased rank without forfeiting their regular commissions. In addition, the Governor may appoint, with the rank of Commander, an officer who shall be designated as naval aide, to hold office during the pleasure of the Governor, upon the same terms

THURSDAY, AUGUST 10, 1916.

779

and conditions prescribed above for aides-de-camp, but no person shall be eligible for appointment as naval aide unless he shall be a resident of the State and shall have held a commission as an officer of the United States ~avy, or, of the Naval Militia of Georgia, or, be a graduate of the lJnited States Naval Academy.
4. Jl.filita-ry Aides. The aides-de-camp shall perform such duties pertaining to their office as may be required of them by the GoYernor.

::\iiLITIA.
5. Militia: lVho Compose It. The militia of this State shall consist of all able bodied male citizens of the State, and all other able bodied males who have or shall have declared their intention to become citizens of the United States, and are residents of this State, who shall be more than eighteen (18) years of age and, except as hereinafter provided, not more than forty-five (45) years of age, and said militia shall be divided into three classes, the National Guard, the Naval ::\Iilitia, and the Unorganized Militia.
UNORGANIZED ::\!JLITIA.
SEc. 2. 6. Enrollment. \YheneYer the Governor shall deem it necessary, he may order an enrollment~ to he made by the officers designated by him, of all persons liable to service in the militia. 'Such enrollment shall state the name, residence, age and occupation of the persons enrolled, and their previous or existing military or naval service. An original and

780

Jm;RNAL OF THE SENATE,

two copies shall be made, one of which shall be retained by the enrolling officer of the town in which the enrolled persons reside, one in the office of the ordinary of the county in which the enrollment is made, and the original in the office of the AdjutantGeneral.
7. N of ice of Enrollment and Claims of Exemption. The officer making the enrollment shall, at the time of making the same, serve a notice of such enrollment upon each person enrolled, by delivering such notice to him or leaving it with some person of suitable age and discretion at his place of residence or place of lmsiness. All persons claiming exemption must, within fifteen days after service of such notice, file a written statement of such exemption, verified hy affidavit, in the office of the ordinary. Such ordinary shall, thereupon, if such person be exempted according to law, mark the word ''exempt'' opposite his name; and the remainder of all thus enrolled, and not thus found to be exempt, shall constitute the militia of the State, and such ordinaries
shall transmit a copy of such corrected roll to the
Adjutant-General. The commanding officer of eal:h organization in the National Guard and Xaval }Iilitia, and the heads of fire and police departments in each city or town, shall, whenever an enrollment is ordered, each file in the office of such ordinary, a certified list of the nam.es of all persons in his comlllancl or department.
8. Information to be Furnished. All county and municipal officers and all other persons shall, upon

THl:RSDAY, AuausT 10, 1916.

781

application of any person makirrg such enrollment, give the names of, and all other proper information concerning any person within their knowledge liable to be enrolled under penalty of $10 for every concealment or false information or refusal to give the information requested, to be recovered in the name of the State in any court, with costs. rrhe officer making the enrollment shall, within ten days, report to the Adjutant-General all persons who shall fail or neglect to give such information.
0. Calls for Unorganized Militia. \Yhenever it shall be necessary to call out any portion of the unorganized militia for active duty, the Governor shall direct his order to the ordinary of any county who, upon receipt of the same shall forthwith proceecl to draft, by lot, as many of the unorganized militia in his county or accept as many volunteers as are required by the Governor, and shall forthwith forward to the Governor a list of the persons so drafted or accepted as volunteers; provided, that the Governor may, in his discretion, issue his proclamation for and receive such volunteers direct as may be needed.

10. Organization of Unorganized i.liilitia. The portion of the unorganized militia ordered out or accepted into the service, shall he immediately mustered into the service of the State for the period of .two years, or until otherwise ordered by the Governor, and shall be organized into troops, batteries, or companies which may be arranged in squadrons, or battalions, or regiments, or assigned to organiza-

782

JouRNAL OF THE SENATE,

tions of the National Guard or Naval :Militia already existing. The Governor is authorized to appoint the officers necessary to commence or complete any organization thus created. Such new organization shall be equipped, disciplined and governed according to the military laws and regulations of the State.
11. Active Service. The Governor shall have power, in case of invasion, rebellion, insurrection, mob violence, combination to oppose the enforcement of the law by force or violence or imminent danger thereof, to order into the active service of the State, any part of the militia that he may deem proper. \Vhen the militia of this State, or a part thereof, is called forth under the Constitution and laws of the United States, the Governor shall order out for service the Xational Guard or such part thereof as may be necessary; and if the number aYailable be insufficient, he shall order out such part of the unorganized militia as he may deem proper. During the absence of organizations of militia in the service of the United States, their State designation shall not he given to new organizations.
12. Deserters. Every member of the militia ordered out, or who volunteers or is drafted under the provision of this Act, who does not appear at the time and place designated by his commanding officer, or the Governor, and who does not produce a s\\orn certificate from a physician in good standing, of his ph~sical disability to so appear, shall be taken to be a deserter and dealt with as prescribed in the Articles of \Var of the United States.

THuRSDAY, AuGUST 10, 1916.

783

13'. Exe-mptions fro-m Militia Duty. The following exemptioniil from militia duty will be recognized: 1. All persons exempted by the laws of the United States. 2. The chief officers of the several executive departments of the State; judges of courts of record, justices of the peace, sheriffs, deputies and jailers, clerks of courts, attorneys-general, solicitors-general and solicitors of city and county courts, ordinaries, members of the General Assembly during the term for which they shall be elected, and officers of the General Assembly during the session and for seven days before and after the same. 3. All persons employed on railrqad trains, and repairers of railroads, operators and messengers of telegraph and telephone companies, ferrymen, bridge-keepers, tollgate-keepers, public millers, ministers and preachers of the gospel, licensed physicians and druggists in active practice, professors and tutors in colleges and schools, regular members of any fire or police department (but no member of the militia shall be relieved because of his joining such fire or police department); every person employed by the year or season on board any vessel or in the merchant service or coasting trade, and all pilots and stevedores. 4. Idiots, lunatics, paupers, vagabonds, confirmed drunkards, persons addicted to the use of narcotic drugs, and persons convicted of infamou,;; crimes. All sudi exempted persons, except those enumerated in Paragraphs 1 and 4, shall he available for military or naval duty in case of war, insurrection, invasion or imminent danger thereof.
14. Incorporated Commands. Nothing in this Act

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JouRNAL OF THE SENATE,

shaH defeat or impair the existing rights and privileges of any incorporated regiment, battalion or company under their respective charters and amendments thereto, and exemptions allowed by special Ads of the General Assembly, which are in no wise contrary to the Acts of Congress or to the requirements of the war Department of the United States, made in pursuance thereof.
15. Other Military Organizations. It shall not be lawful for any body of men whatever, other than the military forces of this State, and the troops of the United States, and bodies of police or State ronstabulary, to associate themselves together as a mi litar~ organization, or to driU or parade with arms in this State, without the license of the Governor, which license may, at any time, be revoked: Provided, the students of educational institutions where militar~ science is part of the course of instruction, ma~-, with the consent of the Governor, drill and parade under arms in public, under the superintendence of t]wir instruetors. And provided, further, that nothing herein contained shall be so construed as to prevent benevolent, secret or social organizations from wearing swords and parading with side arms. \Yhoever offends against the provisions of this section, or belongs to or parades with any such unauthorized body of men with arms, shall be guilty of a misdemeanor.

THE NATIONAL GuARD oF GEORGIA.
SEC. 3. 16. Orga.nization. The Kational Guanl of Georgia shall consist of such persons as may he

THURSDAY, AuGusT 10, 1916.

785

commissioned or enlisted therein, and such general officers as the strength thereof may warrant; the Adjutant-General, Chief of Staff, an Adjutant-General's Department; an Inspector-General's Department; a Judge-Advocate's Department; a Quartermaster Corps; a ::\'Iedical Department; a Corps of Engineers; an Ordnance Department; a Signal Corps; in accordance with its strength as legally authorized from time to time, and in conformity with the organization which is now or hereafter may be prescribed for the regular and volunteer armies of the rnited States.

Proz:ided, however, that the Governor shall have the power to alter, divide, annex, consolidate, disband or reorganize the same and create new organizations therein, whenever, in his judgment, the efficiency of the military forces will be thereby increased, and the GoYernor is authorized to appoint the officers necessary to commence or.complete any ne" units for the National Guard thus created, and proz;ided, further, that he shall have the power, at any time, to change the organization of staff departments, regiments, battalions, squadrons, troops, batteries, companies and signal corps, so as to conform to any requirements of Federal laws and regulations made pursuant thereto, and for that purpose the number of officers and enlisted men of any grade in staff departments, regiments, battalions, squadrons, troops, batteries, companies and signal corps, may be increased or decreased to the extent made necessary by any change of organization or

786

JouRNAL OF THE SENATE,

system; but in all org-anizations of the line and staff, the Yarious g-rades must conform to those of the reg-ular army of the United States.

17. Chiefs of Stajj' Departments and Dnties. The chiefs of the several staff departments enumerated above, and the assistants in each such department shall be appointed by the Governor on the recommendation of the Adjutant-General. The duties of the chiefs of the several staff departments, and their assistants, shall be correlative with those discharg-ed by like officers of the United States Army, as far as may be applicable, in the discretion of the Governor, and they shall perform such other duties as may be required of them by the Governor or the head of their department.
18. Names of Organizations. Regiments, battalions and companies already organized, may retain an~- special name or designation they may haYe adopted, or inay have by charter if incorporated, and any regiment, battalion or company hereafter organized may adopt and retain any special name or designation it may select, which name may he changed at any time by the organization; but regiments and separate battalions must be numbered in their respective arms, and every company attached to a regiment or separate battalion, must be designated in such regiment or separate battalion hy a letter of the alphabet.
10. Definitions. For the purpose of this Act, the word "company," or "companies," shall apply to and include bands, signal, engineer, machine gun and

THURSDAY, AuausT 10, 1916.

787

hospital companies and detachments, and companies of infantry, heavy artillery, troops of cavalry, batteries of field artillery, and naval divisions, except where otherwise specified, and the term '' separate battalion," shall apply to the naval battalion and to battalions not attached to regiments, and the term "separate Company," to companies not attached to regiments or battalions. The word ''officer,'' shall apply to a commissioned officer, and the word'' soldier'' shall apply to and include all enlisted men.
THE NATIONAL GuARD REsERVE.
20. OrgaiYliza.tion. A National Guard Reserve shall be organized in this State under the provisions of the Act of Congress known as the National Defense Act approved June 3, 1916, to consist of such organizations, officers and enlisted men as therein prescribed.
OFFICERS: RANK, ELIGIBILITY, DuTIEs, ETc.
:21. _The Adjutant-General. The Adjutant-General shall be at the head of the militia of this State and subordinate only to the Governor in matters pertaining to the 2\1ilitary Department. He shall give his whole time and attention to the office, and shall receive a salary of thirty-six hundred dollars per annum, except when engaged in raising troops for the United States service, and, or, during a period of war, when the salary of the Adjutant-General and all other officers and enlisted men on duty in the 2\1ilitary Department of the State, shall be the same as for like grades in the United States Army.

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JouRNAL OF THE SENATE,

He shall perform such duties as pertain to the office of Adjutant-General, as from time to time may be provided by the laws, rules and reg-ulations for the g-overnment of the United States Army, and such duties as may be desig-nated by the Governor.
He shall have such commissioned assistants and employees, as in the discretion of the Governor may be necessary, and they shall be selected and employed by the Adjutant-General and perform such duties as may be required of them.
He shall be the custodian of all military records and ~hall keep them filed, indexed and available for ready reference.
He shall keep an itemized account of all moneys received and disbursed from all sources, and shall make an annual report to the Governor on the condition of the National Guard, with a roster of all commissioned officers, and such other matters relating to the militia as he may deem expedient.
The Governor, may in his discretion, require the Adjutant-General to give bond to the State in such an amount as may be fixed by regulation, with two personal or one corporate security, to be approyed by the Governor, conditioned faithfully to discharge the duties of his office.

22. Property and Disbursing Ojj"icer shall attend to the care, presen-ation, safekeeping, repairing and issue of the arms, ordnance, accoutrements and equipments, and all other military property helonging to the State, also shall receipt, disburse and account for all funds and property belonging- to the

rrHURSDAY, AuGUST 10, 1916.

789

United States in possession of the National Guard of this State and be responsible therefor, under such regulations as may be prescribed by the Governor and the Secretary of war.
23. Ojfice1s of the United States; Assig-nment. Any officer of the "Cnited States Army, Navy or Marine Corps, who may be detailed for duty with the militia of this State, may be assigned by the GoYernor to act in such capacity with the militia as may be to the best interests of the State, without regard to the rank of the officer so assigned.
:!4. Officers; Eligibility. No man shall be commissioned an officer of the National Guard of this State unless he Is a citizen of the United States between the age of twenty-one and sixty-four, and shall possess qualifications prescribed for the National Guard Officers in Section 74 of the National Defense Act of Congress, approved June 3, 1916; provided, that no man shall be so commissioned who has ever been dishonorably discharged or dismissed from the military or naval service of this or any other State or country, unless the disability herein caused by such dishonorable discharge or dismissal shall have been removed in a manner satisfactory the Governor. No man shall be commissioned an officer of the Naval )Iilitia of tl1is State unless he is a citizen of the United States between the age of twenty-one and sixty-four, provided that no man shall be so commissioned, who has ever been dishonorably discharged or dismissed from the Military or Naval Service as hereinbefore provided.

790

JOURNAL OF THE SENATE,

25. How Comm.issioned. All officers shall be commissioned by the Governor, as officers of the National Guard of Georgia or of the Naval Militia of Georgia in their respective branches of the service for the period of their good behavior, provided that all appointments of general officers of the line shall be for a term of five years and shall be made upon the recommendation of Field Officers of the line of the National Guard, who shall express their preference for each vacancy by written ballot at such times and under such rules as the Governor may prescribe, and provided further that Staff Officers, including Officers of the Pay, Inspection, Subsistence and Medical Departments, hereinafter appointed shall have had previous military service and shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court martiallegally convened for that purpose, and that vacancies among said officers shall be filled by appointment from the officers of the militia of this State.

26. Rank of Officers. The date from which an officer on the active list takes rank, shall be the elate of election, or appointment, unless at the time of such election or appointment the officer be in active commission in the same grade, in which case the officer shall be entitled to rank from the date of original rank in such grade.
:!.7. Election of Ojj'icers. Company officers shall be elected by the officers and enlisted men of the .

THURSDAY, AuGusT 10, 1916.

791

company; field officers of regiments and separate battalions shall be elected by the commissioned officer~ thereof. Elections for a commander of a regiment or commander of a separate battalion shall be ordered by the Governor; elections for a junior officer shall be ordered by the commander of a regiment or separate battalion; elections for officers of separate companies shall be ordered by the Governor. All elections shall be conducted and returns thereof made, and all contests decided, in such manner as may be prescribed by regulations. A plurality of the votes cast shall be necessary for an election to any office in the military forces. Staff officers of regiments and separate battalions shall be appointed and commissioned by the Governor upon recommendation of the respective commanders. Commissioned staff officers of battalions of a regiment shall be appointed and commissioned by the Governor upon the recommendation of the respective battalion commanders, approved by the regimental commander. The appointment of chaplains shall conform to the laws and regulations providing for the appointment of other staff officers of a regiment or separate battalion.
28. Examination. Every person elected or appointed a commissioned officer in the National Guard of this State except chaplains, shall, before being commissioned, appear before an examining board, who shall examine such person according to such regulations as may be prescribed, as to his physical, mental, moral and other fitness for such commission.

792

JouRNAL OF THE SENATE,

29. Boards of Exarnina.tion. Boards of examination may be appointed by the Seeretary of War, ana shall consist of not less than three competent. officers, and shall have the same power to take evidence, administer oaths, and compel witnesses to attend and testify and produce books and papers, and shall punish their failure to do so as is possessed by a general court martial.
30. Oath of Oflicers. EYery person commissioned as an officer in the National Guard of this State, before he shall assume such rank and enter upon the duties of the office to which he may be commissioned, shall accept such commission, and shall take and subscribe, before some person authorized, such oath and declaration as may be prescribed for officers of the National Guard.
31. V acatiun of Commissiun. Any officer active or retired, who accepts a commission or enlists in any military organization of this or any other State or country, shal1 thereby vacate his former commiSSion.
32. Neglect to File Oath. In case of neglect or re-
fusal to take, subscribe and file such oath with the Adjutant-General within ten days from the date of issue of said commission, such commission nw~ be forthwith be cancelled by the Governor.
33. Officers May Administer Oaths. Any officer of the military force of this State is authorized to administer oaths in matters pertaining to the military service, and to witness military papers over his official signature, for which no charge shall he made.

THURSDAY, AuausT 10, 1916.

793

34. Unassigned List. An unassigned list is hereby authorized, to which all officers accountable and responsible for military property issued by the State, shall be transferred immediately upon tender of their resignation pending settlement of their property accounts; but such transfer to the unassigned list shall not relieve them of liability until full settlement is satisfactorily completed as provided for in this Act. Officers rendered surplus by the disbandment of their organizations shall be placed in the l\ational Guard reserve, and officers may also upon their own application, be placed in the said reserve.

35. Retired Officers. All officers on the aotive list shall be honorably retired from the military service upon reaching the age of sixty-four (64) years; and any officer of the National Guard of this State who has served as such for not less than ten years, or who has served in the ranks and in commission for not less than fifteen years may, upon application approved by the Governor, be honorably retired from active service with the highest rank, brevet or otherwise, that he has held in the service of this State; provided, that any officer who discharges or has discharged the duties of a higher grade for a period of not less than one consecutive month, under special assignment from the Governor, may, when retired, be retired with the rank of said higher grade. And provided, further, that officers who have served twenty years or more in the National Guard of this State shall, upon application for retirement,

794

JOVRNAL OF THE SENATE,

be retired with a rank of one grade higher than the highest rank held by them during their term of sernce. And proLided, further, that any officer who has served in the military forces of this State between the years of 1865 and 1900, and not now in the active service of the State can, upon his application being first approved by the Governor, be placed upon the retired roll, and commissioned as prescribed aboYe for officers from the active list, and such officer shall have such rights, privileges, immunities and exemptions as are hereafter prescribed, and shall be entitled to wear upon all proper occasions, the uniform of his rank; pro z:ided, that the time of service in the Confederate States Army or XaYy, or in the l'nited States Army or NaYy, as a volunteer of this State subsequent to 1870, shall be counted double in computing service, and that the service herein required need not be continuous, but must have been honest and faithful; and all such retired officers shall, with their consent, be available for active duty on all boards, courts-martials, superintendents of elections, and they shall perform such other duties, except to command troops, as may be from time to time assigned them by the Governor. All officers hereafter retired under the provisions of this law, shall be commissioned, without examination, as o~icers of the National Guard of Georgia "Retired," or of the ~aval Militia of Georgia ''Retired,'' as the case may be, except aider:;;-de('amp to the GoYernor, who shall be retired as provided and commissioned as ''Retired Aides-decamp", Staff of the Governor of Georgia. Offi-

THURSDAY, AuGusT 10, 1916.

795

cers retired from active duty, with the grade actually held by them in active service at the date of retirement, shall be commissioned to rank from the date of rank held in active service, and officers retired with a higher grade than that actuaUy held by them in active service at the date of retirement, shall rank fr"om the date of their retirement.
37. Discharge of Officers. The Governor may discharge any officers of the aforesaid military forces, for any one of the following reasons, to wit. : Upon tender of resignation, upon conviction of an infamous crime, or when he has been absent from his command for a longer period than three months without leave of the Governor, or in pursuance of a sentence of a court martial.

ENLISTED MEN.
38. Non-Commissioned Staff Officers. Commanding officers of regiments and of separate battalions and squadrons, shall appoint and warrant the noncommissioned staff officers of their respective regiments, battalions and squadrons, and they shall, in their discretion, warrant the non-commissioned officers of the troops, batteries and companies, of their respective organizations from the members thereof, upon the written nomination of the company commander; and in signal and engineer companies the non-commissioned officers shall be appointed and warranted by the commanding officer of such company or corps. Non-commissioned officers of the Staff Departments and Corps shall be appointed and

796

JOURNAL OF THE SENATE,

warranted by the Adjutant-General upon the recom-

mendation of the commanding officer thereof: pro-

'U-ided, that the qualifications for appointment of any

non-commissioned officer in the Staff Department

and Corps shall be such as may be provided for in

reg11lations.

,

3'~l. Enlistm;tmts. Any male person who is a citi-

zen of the United States, or who has declared his

intention to become a citizen, and who is a resident

of this State, if more than eighteen and, except as

hereinafter provided, not more than forty-five years

of age, and who possesses the qualifications for en-

listment prescribed for admission to the Regular

Army may be enlisted in the Xational Guard of this

State. All enlistments shall be for six years, the

first three of which shall be in artiYe organization,

and the remaining three years in the Xational Guard

Reserve; provided, that the priYilege of continuing

in active service during the whole of an enlistment

period and of re-enlisting in said service shall not be

denied. Persons discharged for the good of the

serYice, or dishonorably discharged from the mili-

tary or naval service of this or any other State or

country, shall not be enlisted unless such disability

shall be removed in a manner satisfactory to the

Governor.

40. Re-Enlistments. Any man who has served honorably a previous enlistment in the military of this State, may he re-enlisted, until otherwise ordered by the Governor.

41. Enlistment Oath. Every person who enlists

THURSDAY, AUGUST 10, 1916.

797

or re-enlists, shall sign and make oath to an e:fl.listment paper, which shall contain an oath of allegiance to the State and to the United States, and be in such form as may be prescribed by the regulations issued by the Governor. Such oath shall be taken and subscribed before an officer of the National Guard of the State; and any person making a false oath as to any statement -contained in such enlistment paper, shall, upon conviction, be deemed guilty of false swearing.
4:2. Tra!l~sfers. Commissioned officers shall be transferred from one organization or branch of the . serYice to another for cogent reasons only, by order of the Governor. Enlisted men shall be transferred for cogent reasons only, and in the following manner: In the same regiment or separate battalion or squadron, by the commander thereof; in all other cases by the Governor. ~on-commissioned offi-cers shall not be transferred as such, but will be reduced to the grade of private before the transfer is effected.

43. Retired Enlisted Roll. Any regiment, battalion or company may provide a roll to be known as the ''Retired Enlisted Ron,'' and any enlisted man of the command who shall have served honorably for ten years in the service of this State, shall be entitled to be honorably retired at the expiration of his then enlistment by the Governor, and have his name placed on said roll with the highest enlisted rank he may have held in the service of this State, and shall be entitled to wear upon all proper occasions

798

JouRNAL OF THE SENATE,

the uniform of his rank, and to parade with such organization upon any o~asion of ceremony and shall be entitled to all exemptions and immunities as are hereafter prescribed. Such service need not be continuous, but shall have been honest and faithful; provided, that all enlisted men on the active list shall be honorably retired from the militar~- service upon reaching the age of sixty-four years, and their names placed on the R.etired Roll, as above provided.
44. Discharge of Enlisted Men. No enlisted man of the military forces of this State shall be discharged before the expiration of his term of enlistment, except under such regulations as prescribed by the President.
45. Drills, Instnu:tion, Target-Pmctice. Officers and enlisted men of each troop, battery, company and detachment shall assemble for and undergo drill, training and instruction as prescribed by t.he Act of Congress known as the National Defense Act, approved June 3, 1916.. There shall also be at least one annual inspection of each organization by an officer of the National Guard, or by an officer of the regular army of the United States, at such times as the Governor may direct. In addition to such drills and parades, the commanding officer of any organization may require the officers and enlisted men of his command to meet for drill or instruction at such times and places as he may appoint.
46. Attendance at Drills, Etc., Enforced. The Governor or the commanding officer of any regiment, battalion or company, may enforce the atten-

THURSDAY, AuousT 10, 1916.

799

dance at any drill, encampment or other duty of any officer or enlisted man of his command, and may use such force as may be necessary.
47. Discipline. The discipline and exercises of the Xational Guard of this State shall conform generally
to that of the army of the United States as it now or
ma~- hereafter be prescribed by the President, and to the provisions of the laws of the United States, except as otherwise provided.

-!-8. Orders; How Gi't:en. Orders for duty may be
oral, or by reading the order to the person warned,
or by delivering a copy to such person, or by leaving a copy of such order at the last known place of abode or business of i'uch person with some one of suitahle age and discretion, or by sending a copy of such order or notice containing the substance thereof, to such person by mail, directed to him at his last known place of ahotle or business or to the post-office nearest thereto. Such warning rna~' he given by any officer or non-commissioned officer. The officer or non-commissioned officer giving such warning shall make a return thereof, containing names of the persons warned, and the time, place and manner of warning. Such return shall be verified by his oath, which may be administered by any officer. Such verified return shall be as good evidence, on the trial of any person returned as a delinquent, of the facts therein stated, as if such officer or non-commissioned officer had testified to the same before the court on such trial. Every commanding officer shaH make the like return, on honor, and with like effect, of

800

JouRNAL OF THE SENATE,

every delinquency and neglect of duty of his officers and non-commissioned officers, and also of every enlisted man who shall refuse or neglect to perform such military duty as may be required.

49. Inspection. It shall be the duty of the Governor to require the Adjutant-General to inspect or cause to be inspected at least once in each calendar year, the military property and records of each organization, the State camp-grounds, all rifle ranges, and, in the discretion of the Governor, all military schools and colleges in the State, and the propert~- of the State in their possession, and to muster and inspect the officers and enlisted men of each company or detachment of the National Guard, and to attend and observe all parades, reviews and encampments of companies or larger organizations when practicable. The Governor shall authorize a day set for the annual inspection and muster of each company, or larger unit when practicable, and attendance thereat shall be compulsory. The officers and enlisted men ordere(l out for annual inspection and muster shall J.ay aside all other business and be and appear at the place and time designated, and on failure to do so without good and valid excuse, to be determined by the regimental or separate battalion commander or Adjutant-General, shall be tried before a summary court as provided in this Act.

50. Excuses for Absence. The officer ordering any military duty shall have the power to excuse any officer or enlisted man for absence therefrom, upon

Tm::RSDAY, A1:ousT 10, 1916.

801

good and sufficient grounds, unless otherwise provided.
31. Riglzt of vVay for Troops. The Gnited States troops, or any portion of the Xational Guard of this State, being assembled for any purpose or performing any duty, according to Ia"-, shall han the rightof-way in any street or highway through which they may pass; proz:ided, that the carriage of the United States mails, the legitimate functions of the police anti the progress and operation of fire engines and fire departments shall not be unnecessarily interferretl with thereby.
52. Military Fund. All moneys appropriated by the General Assembly for military or naval purposes shall continue and be kept in the treasury as a separate fund, to be known as the "military fund." Ail moneys placed in the military fund shall remain available for military purposes, a.nd shall not he covered into the general fund of the treasury; and no part of said ~ilitary fund shall be used for any purpose except as shall be authorized by law, and it shall be drawn from the treasury only on the walrant of the Governor, according to law.
53. Expenses of J!i.litia; How Paid. No officer or soldier shall incur any expense whatsoever to be pai~ by the State, except as authorized by this Act, without first obtaining the authority of the Governor. In extreme emergencies, however, the commanding officer of any organization or detachment of the National Guard may make purchases of such necessities as are absolutely required for the immediate

802

Jm:R~AL OF THE SE~ATE,

use and care of his: command; a report of such action, containing a statement of the articles purchased and the prices thereof, must be made forthwith through military channels to the Adjutant-General. The Adjutant-General, or such officer as the Governot may designate, shall be the auditor of all accounts payable from the military fund of the State, and copies of the orders or contracts under which such purchases are made shall be filed in his office.

54. Pay for Active Service. Whenever any officer or any enlisted man is ordered on actiYe duty b~- the Governor or his authority, for the puqlOse of repelling invasion, suppressing rebellion or quelling: insurrection, or mob violence, or unlawful combination, or for attendance upon military courts or for an~- other militar~- dnt~ wh<re, hy order of the Governor, pay and allowances are speciaUy authorized, their pay, in addition to all transportation, quarters nnr1 subsistence, shall be for each day or fraction thereof, as follows: Brigadier-generals, six dollars; colonels, :five do11ars; lieutenant-colonels and majors, four dollars; captains, three dollarf:!; lieutenants, two dollars; all non-commissioned staff officers and :first sergeants, one dollar and :fifty cents ; all other non-commissioned officers, one dollar and twenty-:fiYe cents; all priYates, one dollar. Any officer on duty under pa:y, who discharges the duties of a higher grade for a period of not less than thirty consecutive days, under special assignment from the Governor, shall be paid as of the higher rate of pay. After fifteen days continuous service, when called

THURSDAY, AUGUST 10, 1916.

803

out on State duty, the pay and allowance of officers and men shall be the same as for like grades in the United States Army. Pay, when engaged in camp and field service for instruction, as provided in the Acts of Congress, shall be the same as received by like grades in the. United States Army. Troops ordered out for inspe~tion, muster, small-arms competition and practice, drill, parade, review or other ceremony, or field service for instruction, not extending beyond one day, shall not be entitled to pay unless so specified by authority of the Governor in the order for such service. The Governor may, in his discretion, deduct, or have deducted, from the pay due any officer or enlisted man, the amount of any indebtedness due the State by such officer or enlisted man for military fines or forfeitures, or for damage to or loss of any military property of the State, or of the United States issued to the State. The compepsation herein provided for, as well as the cost of transportation, subsistence and quarters, shall be paid out of the military fund, unless otherwise provided.

55. Allowalflce fot Rent. whenever the State military fund will permit, the Governor, in his discretion, may make an allowance to each company, and to each headquarters of brigade, regiments, or separate battalions or squadrons, and to signal, engineer and hospital corps detachments for the purpose of defraying their rent and other incidental expenses, to be paid and accounted for in such manner as may be prescribed by regulation.

804

JornNAL OF THE SENATE,

56. Appropriations from City, Town or County Fuuds. That from and after the passage of this Act the governing authorities of the several cities, towns and counties of this State are hereby authorized to make such appropriations from city or county funds for the support and maintenance. of local military organizations, as, in their discretion they may deem wise and expedient.
57. Uniforms. The uniform shall be such as is prescribed by regulations. Any company, battalion or regiment may adopt and wear a special full dress uniform when the whole command to which they are attaehe(l is similarly equipped.
58. Allowance for Equipment of Officers. whenever the State military fund will permit, the Governor, in his discretion, may prescribe an allowance to officers to cover the expense of their uniforms, arms and equipment.
59. Uniforms, Etc., of Officers. Every commissioned officer shall provide himself with arms, uniforms and equipment prescribed by regulations.

60. Wea.,-ing Uniforms Unlawfully. .Any person who shall wear any uniform or part thereof, or any device, strap, knot, button or insignia of any design or character used as a designation of grade, rank or officE>, such as are by law, or general regulations duly promulgated, prescribed for the use of the National Guard, or any uniform similar thereto in appearance, style or make-up, except members of the army and navy of the United States and of the National

THeRSJHY, AeGesT 10, 191().

805

Guard of this or any other State, or who shalJ, in any manner, impersonate any officer or enlisted man of the Kational Guard of this State, without the written license of the Governor, shall be guilty of a misdemeanor; Prorided, that this section shall not apply to Cadets of Military Schools, Boy Scouts of America or to persons wearing on the stage any such uniform at theatrical or like performances.

FLAGS.
61. Description of Flag. The flag of the State of Georgia shall be a vertical band of blue next to the flagstaff, and occupying one-third of the entire flag; the remainder of the space shall be equally divided into three horizontal bands, the upper and lower of which shall be scarlet in color, and the middle band white. On the blue :field shall be stamped, painted or embroidered the coat-of-arms of the State. Every regiment and separate battalion or squadron shall, when on parade or reYiew, carry this flag. It shan not be lawful for any person or persons to use the State flag or coat-of-arms for advertising purposes, or otherwise desecrate or misuse the same; and those so offending shall be guilty of a misdemeanor.
62. Confederate Flags; Prese1vation of. The flags of the Georgia troops who served in the army of the Confederate States, and whieh have been returned to the State by the United States government, shall be preserved for ?ll time in the Capitol of the State, as priceless mementos of the cause they

806

JouRNAL OF THE SENATE,

represented and of the heroism and patriotism of the men \\ho bore them.
63. Spanish-American War Flags. The fiags of the Georgia regiments engaged in the SpanishAmerican War, shall be displayed in the corridors of the Capitol in a manner similar to those of the Confederate regiments.
64. D1tty of Governor. . When any such flag shall be offered to the State, it shall be the duty of the Governor to accept it in behalf of the State, and to make such provision for its preservation as may be necessary to protect and preserve it from the ravages of time, dust and moths.

PROPERTY.
65. Equipment; How P1ovided. All organizations shall be provided. by the State with such arms, equipment, colors, camp and garrison equipment, books of instruction and of record, and other supplies as may be necessary for the proper performance of the duty required of them by this Act; and each organization shall keep such property in proper repair and in good condition. The Governor shall cause the necessary inspection to be made and to l1scertnin if this section is fully complied with; and in rase any organization shall be found deficient in the care of the property entrusted to them, the~r ma~r, in addition to replacing such loss or damage, be, in the discretion of the Governor, disbanded.
66. Pn>perty, How Accounted for. All arms, accoutrements and other property for the use of a

THUHSDAY, AUGUST 10, 1916.

807

company shall be issued to, receipted for and accounted for by the commanding officer thereof. All property for the use of the headquarters of a regiment, including its battalions or a separate battalion, shall be issued to, receipted for and accounted for by the quartermaster thereof. Property i:osued to officers and enlisted men of the staff departments shall be under such regulations as the Governor may prescribe. Xo issue of property shall be macle until after there shall have been executed and clelin~red to the Governor a personal bond with two sureties, or a bond of a surety company, to be approved by the ~\djutant-General, by the officer who is responsible and accountable for such property, and in sums
as may be prescribed by regulations, payable to the
Governor and his successors in office, when required, for the safe keeping, proper use and care, and prompt surrender of such property with which he may be properly chargeable. In the event of death, resignation, promotion or dismissal of any officer accountable for personal property, the officer suc-
ceed.ing to his duties shall, within sixty days of the
aforesaid resignation, promotion, death or dismissal, furnish a good and sufficient bond, as above re-
quired, and shall report to the Governor the arms,
accoutrements and other military property remaining on hand, of those originally issued to tl1e com-
mand or officer, and shall have delivered to the Gov-
ernor his bond and receipt for same. In the event
of failure to comply with the above conditions, the
commission of such officer shall he declared vacated. The person giving bond for arms, accoutrements and

808

JouRXAL oF THE SENATE,

other military property, his executors, administrators and sureties, shall be liable to suit in the proper courts for damages resulting from any breach thereof, and it shall be the duty of the Adjutant-General to secure a settlement of the same. Every officer or soldier to whom public property has been issued, shall be personally responsible to the officer accountable for such prope1~ty, and to the State for the safekeeping, proper use and care and prompt surrender of such property.

67. Unlawfu.l Disposal of 11-Iilitary Property. ..A. ny officer or soldier who shall sell or otherwise dispose of any arms, accoutrements or other personal property belonging to the State or issued to the State by the rnited States, in his cu::>tody, possession or control, or who shall issue or use such property, or allow such property to be used or issued, in a manner other than that provided for in this ~\ct and the regulations issued in pursuance thereof, or who shall refuse to deli,er such property to the proper officer when called for, shall be guilty of a misdemeanor.

68. Relief, 81arey and Settlement. No one shall be relieved from responsibility or accountability for public property issued him unless it be shown to the satisfaction of the Governor that it has been properly disposed of, or that any loss or damage thereto was unavoidable, and in no way the fault of the person responsible or accountable for the property; and in all other cases the invoiced price of lost property and the ascertained value of damaged property, shall be charged against the person at fault or to the

THuRSDAY, AuGusT 10, 1916.

809

organization to which it has been issued, and such person or organization, if not relieved from such charge by the Governor, shall pay the invoiced price of such lost property, and the ascertained value of damaged property, to the .Adjutant-General within a. reasonable time after such loss or damage; and upon failure to do so, the .Adjutant-General shall proceed to collect the account in the courts having jurisdiction. The value of damaged property, and the person or organization to be charged therewith, may be determined by a board of survey composed of such number as may be prescribed by the United States Regulations, and the findings~ of such board, when approved by the Governor, shall constitute a judgment against the responsible officer or enlisted man and shall be enforced in a manner similar to judgments of other courts. Provided, that all obsolete and unserviceable military property in which the United States government has no title shall be surveyed and disposed of in a manner prescribed by the surveying officer after approval by the Governor.

69. Purcl1ases for Officers or Enlisted Men. The Governor is authorized upon request of any officer or enlisted man of the militia, to purchase for cash, at the expense of such officer or enlisted man, under such regulations as may be prescribed by the Governor, any military stores, supplies or materials of war, or military publication, sold in open market or by the United States under .Acts of Congress, and to make the aforesaid officer or enlisted man, the proper bill of S'ale for property so purchased.

810

JouRKAL OF THE SENATE,

70. Seizure of State's Property. The property issued by the State to its National Guard remains the property of the State, and it shall be unlawful for any person not connected with the National Guard to retain possession thereof, unless the title is acquired under the authority of law. It shall, therefore, be the duty of any officer of the National Guard to seize or cause to be seized, property of the :State in possession of parties not entitled thereto, and where such officer has reason to apprehend that any property of the State has been wrongfully converted, to seize the same, if such seizure is necessary to preserve the property, or to prevent the escape of the person in possession thereof; and when such officer has reason to apprehend that the property of the State has been secreted or concealed, it shall be his duty to go before an officer authorized to issue attachments, and to make oath that he bas reason to believe that said property is so concealed, stating the places to be searched; and it shall be the duty of such civil officer to issue a warrant authorizing the search of the premises described in the affidavit, without cost to the State.

CouRTs MARTIAL.
71. Courts martial for the National Guard of this State shall be of three kinds, namely: General Courts Martial, Special Courts Martial, and Summary Courts Martial. They shall be constituted alike, and have cognizance of the same subjects and possess like powers, as similar courts provided for by the laws and regulations governing the Army of the

THURSDAY, AuGusT 10, 1916.

811

United States, and the proceedings shall follow the forms and mode of procedure prescribed for said similar courts.

General Courts Martial may be convened by order

of the Governor, and such courts shall have the pow-

er in times of peace and when not in the service of

the United States, to impose fines of not exceeding

$200.00; to sentence to forfeiture of pay and allow-

ances; to a reprimand; to dismissal or dishonorable

discharge from the service; to reduction of non-rom-

miB"sioned officers to the ranks; or, any two or more

of such punishments may be combined in the sen-

tence imposed by such courts; or, sentence of con-

finement in lieu of the fine may be imposed as here-

inafter provided.

""

Special Courts 1Jfartial. The commanding officer of each garrison, fort, post, camp or other place, brigade, regiment, detached battalions, or other ,detached command, may appoint special courts martial for hiS' command; but such special courts martial may in any case be appointed by superior authority.

Special Courts :Martial shall have power to try any person subject to Military Law, except a rommissioned officer, for any crime or offense made punishable by the Military Laws of the United States or of this State, and such Special Courts ~fartial shall have the same powers of punishment as do General Courts Martial in times of peac~ and when not in the service of the United States, except that fines imposed by such courts shall not exceed one hundred ($100.00) dollars.

81~

JouRNAL OF THE SENATE,

Sumrnary Courts Ma1tial. The commanding officer of each garrison, fort, post, camp or other place, brigade, regiment, detached battalion, company or other detached command, may appoint for such place or command a summary court to consist of one officer, who shall have power to administer oaths and to try the enlisted men of such place or command for breaches of discipline and violation of laws governing such organizations; and said court, where satisfied of the guilt of such soldier, may impose fines not exceeding ($25.00) for any single offense; may sentence non-commissioned officers to reduction to ranks and to forfeiture of pay and allowances.
Confinement Authorized. All Courts :Martial, General, Special and Summary, of the .National Guard of this State, not in the service of the United States, shall have power to sentence to confinement in lieu of fines, authorized to be imposed; provided, that such sentences of confinement shall not exceed one day for each dollar of fine authorized. In case of war or insurrection, or imminent danger thereof, all courts martial shall have authority to impose forfeitures, fines and penalties in accordance with Military Law and the Articles of war governing the United States Army.
Approval of Sentence. No sentence of dismissal from the service or dishonorable discharge imposed by a Courts Martial shall be executed until approved by the Governor.
Presidents of Courts Martial and Summary Court officers shall have power to issue warrants to arrest

THURSDAY, AUGUST 10, 1916.

813

accused persons and to bring them before the court for trial, whenever such persons shall have disobeyed an order in writing from the convening a:uthority to appear before such court, a copy of the charge or charges having been delivered to the accused with such order, and to issue subpcenas and subpcenasduces-tecum and to enforce by attachment attendance of civilian and military witnesses and the production of books and papers as- is possessed by the civil courts of this State, and shall also have power to punish for contempt of their authority, the same as superior courts of this State.
Courts of Inquiry may be convened by the Governor or any commanding officer, in like manner as provided by the 115th Article of "\Var, for such purpose as therein provided. The constitutional powers and procedure of such courts shall be the same as for like courts in the United States Army, except in so far as may be modified by regulations issued by the Governor.
72. Imntunity of Officers. No action or proceeding shall be prosecuted or maintained against a member of a military court, or officer acting under its authority, or reviewing its proceedings on account of approval or imposition or execution of sentence, or the imposition or collection of a fine or penalty or the execution of any warrant, writ, execution, process, or mandate of a military court.
73. Jurisdiction Presumed. The jurisdiction of the courts and boards established by this Act, shaH be presumed, and the burden of proof shall rest

814

JoLTRNAL OF THE SENATE,

upon any person seeking to oust such courts or boards of the jurisdiction in any action or proceeding.
74. Convicts: Disposition of- when the punishment inflicted by courts martial is, or includes imprisonment, the person so convicted shall be deliYered by the military authorities to the sheriff of the county wherein such conviction was had, together with a copy of the sentence of the court, to be dealt with as if such conviction had been had in the superior court of said county; the costs of such imprisonment to be paid as provided for those convicted in the superior court.
75. Discharge or Expulsion: Effect of. Soldiers or officers discharged for the good of the serYice, or dishonorably discharged or expelled from the military forces of the State, or from the volunteers or National Guard of any other State, or from the ann~ or navy of the United States, shall not be enlisted and shall not be appointed to nor allowed to hold an;; military position, either of honor or emolument, unless such discharge or expulsion shall have heen revoked or the disability removed by the Governor.
76. Penalties: How Enforced. All fines, forfeitures and pena1ties assessed by any court martial, shall be collected by execution issued under the hand of the president of the court, and directed to the sheriff, and returnable to the superior court of the county in which the delinquent resides, and shall have the same force and effect as civil process of the, same character.

Tm:RSDAY, AcausT 10, 1916.

815

All moneys collected from such fines and forfeitures shall be paid into the military fund of the State, except those collected by the execution of summary courts martial, which may be paid to the company or or$anization treasury.
77. Retums of Fines or Penalties. All officers of said military forces receiving fines or pecuniary penalties collected by execution, shall make a return thereof to the Adjutant-General or to such officer of his department as he may designate, at least once a year or oftener if necessary. The Adjutant-General shall lay an abstract of same before the Governor annually.

ExEMPTIONS.
78. Exemption from Road Duty, Jury Dttty and Street Tax. Every officer and enlisted man of the aforesaid organized military forces shall be exempt from road duty and street tax during the time of his service. Each company of the State military forces shall have the privilege of bearing upon its roll a class of membership not to exceed thirty in number, to be known and designated as ''special pay members,'' who, upon paying a sum of money, as prescribed by said company, not less than twenty-five dollars per annum to said company, shall be exempt from jury duty, road dut)' and street tax so long as membership is continued. Certificates of membership shall be prepared and signed by the company commander and delivered to each of the special pay members of the company, and when produced in any court

81G

JouR~AL OF THE SENATE,

of this State, shall be evidence of the right of the holder thereof to the exemptions herein granted.
79. Exernption frorn Civil Process. No person belonging to the National Guard of this State shall be arrested on any civil process while going to, remaining at or returning from any place at which he may be required to attend for military duty, and no part of the uniform or equipment of any officer or soldier of the National Guard or Naval Militia of this State shall be subject to levy and sale for debts.

INsURRECTION, RIOTS AND MoB VIOLENCE.
80. Insurrection. whenever any portion of the militia is employed in aid of the civil authorities, the Governor, if, in his judgment the maintenance of law and order will be thereby promoted, may giYe authority to the commanding officer in such district to close places where fire-arms and munitions of war are sold, and all places where disorder is likely to occur; and such officer or officers shall have the righ~
to do and perform any act or acts, or direct them to
be performed, whether affecting private, corporate or public rights, that, in his discretion may be necessary or advisable to suppress or prevent any unlawful assembly.
81. Governor's Duty. Whenever any judge of the superior court, or a city court, county court, county sheriff, mayor of any incorporated city, town or village in this State, whose authority shall rank in the order named, shall apprehend the outbreak of any
rebellion, insurrection, mob or combination to op-

THURSDAY, AuGUST 10, 1916.

817

pose the enforcement of the law by force or violence, within the jurisdiction of which such officer is, by law, a -conservator of the peace, it shall forthwith become the duty of the judge, sheriff or mayor, when it appears that such unlawful combination has progressed beyond the control of the civil authorities in the locality in which such unlawful combination may be found, to :file an affidavit with the ordinary of the county or counties affected, setting forth the inability of the civil authorities to enforce the law and conserve the peace, and thereupon notify the Governor that such affidavit bas been :filed, the Governor may then, within his discretion, if he deems the apprehension well founded, order out such portions of the National Guard as be may deem necesS'ary for the enforcement of the law, and when the Governor orders out any portion of the National Guard as herein provided, be shall, thereupon, by proclamation, declare a state of insurrection in the locality in which the disorder is located.

82. Articles of War and Army Regulations. Whenever any portion of the National Guard shaH be on duty under or pursuant to orders of the Governor, or shall be on duty or ordered to assemble for duty in time of war, insurrection, invasion, public danger, or to aid the civil authorities, or for any other cause, the Articles of War governing the army of the United States, and the regulations prescribed for the army of the United States, as far as such regulations are consistent with this Act, and the reg-
. ulations issued thereunder, shall be enforced and

818

JouRNAL OF THE SENATE,

regarded as a part of this Act, until sa~d forces shall be duly relieved f~om such duty. As to offenses committed when such ArticleS' of vVar are so in force, courts-martial shall possess, in addition to the jurisdiction and power of sentence and punishment herein vested, all additional jurisdiction and power of sentence and punishment exercisable by like courts under such Articles of War or the regulations or laws governing the United States Army, or the custom and usages thereof; but no punishment under such rules and articles, which shall extend to the taking of life, shall, in any case, be inflicted, except in time of actual war, invasion and insurrection, declared by proclamation of the Governor to exist, and then only after the approval of the Governor of the sentence inflicting such punishment. Imprisonment other than in the guard-house shall be executed in jails or priS'ons as hereinbefore provided.
83. Dispersion of Mob. Before using any military force in the suppression of any riot, rout, tumult, mob or other lawless or unlawful assembly or combination, it shall be the duty of the officer in command of the troops, or some person by him deputed, to command the persons composing such riotous, or unlawful assemblage or mob, to disperse and return peaceably to their respective abodes and busineS's. But in no case shall it be necessary to use any set or particular form of words in ordering the dispersion of any riotous, tumultous or unlawful assembly, nor shall any command be necessary when the officer or person, in order to give it, would be put to imminent danger of loss of lif~, or bodily harm, or where

THURSDAY, AUGUST 10, 1916.

819

such unlawful assemblage or mob is engaged in the commission or perpetration of any felony, or in assaulting or attacking any civil officer or person called to aid him in the preservation of the peace, or is otherwise engaged in the actual violence to person or property.
84. Failure to Obey Orders to Disperse. Any person or persons composing or taking part in any riot, rout, mob, tumult or lawless combination or assembly, who, after being duly commanded to disperse, wilfully and intentionally fails to do so as soon as practicable, shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not less than one nor more than five years.
85. Killing Rioters or Injuring Property. Any person or persons composing or taking part or about to take part in any riot, rout, mob, tumult or unlawful combination or assembly mentioned in this Act, having been duly commanded to disperse, or where the circumstances are such that no command is requisite under the provisions of this Act, the military officer in command shall take such steps and make such disposition for the arrest, dispersion and quelling of the persons composing or taking part in any such mob, riot, tumult, outbreak or unlawful assembly or combination mentioned in this Act, as may be deemed by him requisite to that end; and if, in doing so, any person is ki11ed, wounded or otherwise injured, or any property injured or destroyed by a civil officf'r or an officer or member of said military forces, or by any other person lawfully aiding them, such

820

JouR~AL OF THE SENATE,

civil officer, military officer or member of said military forces, or person lawfully aiding them, shall be held guiltless in all cases, and such force and every member thereof shall be discharged from all civil or criminal liability therefor.
86. Resisting Attack. If any portion of the military forces or other persons lawfully aiding them in the performance of any duty under the provisions of this Act, are assaulted, attacked or in imminent danger thereof, the commanding officer of such troops may at once proceed to quell such attack and take all other needful steps for the safety of his command.
87. Duty of Citizens When Shot is Fired. whenever any shot is fired or missile thrown at, against or upon any body of the military forces, or at, or against any officer or member thereof, assembling or assembled for the purpose of performing any duties under the provisions of this Act, it shall forth- with be the duty of every person in the assemblage from which the shot is fired, or the missile thrown, to immediately disperse and retire therefrom without awaiting any order to do so; and any person knowing, or having a reason to believe that a shot has been fired or a missile thrown, as aforesaid, from any assemblage of which said person forms a part, or with which he is present, and failing immediately, without lawful excuse, to retire from such assemblage, shall be guilty of a misdemeanor; and any person so remaining in such assemblage after being duly commanded, as provided hereinbefore, to dis-

THURSDAY, AuausT 10, 1916.

821

perse, shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary for not less than one nor more than five years.
88. Control of Streets. Whenever any portion of the said military forces is, or has been called out for the performance of any duty under the provisions of this Act, it shall be lawful for the commanding officer of such military forces, if it be deemed advisable to do so, in subduing or preventing any riot, rout, tumult or unlawful assemblage, or the outbreak thereof, to prohibit all persons from occupying or passing any street, road or place in the vicinity of the riot, rout, mob, tumult or unlawful assembly, or the place where the same is threatened,. or where the said military forces may be at the time being; and otherwise to regulate the passage and occupancy of .such streets and places. Any person, after being duly informed of such prohibition and regulation, who attempts to go or to remain on such street, roarl or place, or who fails to depart after being warned, is guilty of a felony, and upon conviction shall he punished therefor by confinement in the penitentiary for not less than one nor more than five years.
89. Protection of Prisoners. The commanding officer of any body of said military forces, guarding any jail, building or other place, or escorting any prisoner or performing any other acts of duty, may, if he deems it advisable, prescribe a reasonable distance in the vicinity of such jail, building or other place or escort of such prisoner within which persons shall not come and any person coming within

--8')')

JouRNAL OF THE SENATE,

such limits without the permission of said officer, or refusing to depart after being ordered to do so, shall be guilty of a felony and upon conviction shall be punished by imprisonment in the penitentiary for not less than one nor more than five years, and shall be placed under arrest by the military authorities-, using such force as may be necessary.

90. Change of Venue. Any civil officer, military officer or members of the said military forces, or any person lawfully aiding them in the performance of any military duty required under the provisions of this Act, if indicted or sued for any crime or trespass, or for injury to person or property in endeavoring to perform such duties, shall have the right, and it is hereby made the duty of the court in which such indictment or suit is pending upon the application of any person thus indicted or sued, to transfer the trial of the indictment or suit, to some county other than that in which the indictment was found or the injury done. Such transfer shall be to any county that may be agreed upon by the solicitorgeneral and the defendant or his counsel, in case of indictment; or by the parties and their counsel, in case of suit. If a county is not thus agreed upon, the judge shall select such county as, in his judgment, will afford a fair and impartial jury to try the case and have it transferred accordingly.

:MISCELLANEOUS PROVISIONS.
91. Trespass on Camp-Grounds and Other Places. The commanding officer, upon any occasion of duty,

THURSDAY, AuGUST 10, 1916.

823

or his duly authorized representative, may place in arrest during the continuance thereof, and deliver to the proper civil authorities with charges in writing, after relief from such duty, any person who shall, after due warning, trespass upon the campground, parade-ground, armory or other place devoted to such duty, or shall, in any way or manner interrupt or molest the orderly discharge of duty, by such troops going to, or returning from any duty, or shall insult, by jeer or otherwise, any officer or soldier while on duty or going to or returning from duty. He may prohibit and prevent the sale, giving away, or use of all spirituous liquors, wine, ale or beer, the holding of huckster or auction sales, all gambling and the establishment and maintenance of disorderly places within the limits of the post, campgrounds, rifle range, place of encampment, drill, parade, review or other occasion under his command or within such limits not exceeding one mile therefrom as he may prescribe. Any person who shall offend, as provided in this section, shall be guilty of a misdemeanor.
92. Exclusion from All Places of Amusement. It shall be unlawful for the owner or the owner's agent, whatever may be the latter's designation, of any place of amusement or recreation, otherwise opened to the general public, admission to which is free or otherwise, to refuse admission to or exclude from the said place of amusement or of recreation, any officer or enlisted man of the United States Army, Navy, Marine Corps, Revenue Cutter Service, the

8:24

JouRNAL OF THE SENATE,

National Guard of this State, or of any State, Territory and of the District of Columbia, by reason of such officer or enlisted man being in uniform, and any such owner, or agent aforesaid, upon conviction, shall be guilty of a misdemeanor.
93. Music. The commanding officer of any organization may employ any band or field music, not part of the organized militia of this State, to furnish music at any drill, parade, review, encampment or occasion, and all members of such band or field music so employed and there present for duty, shall be subject to orders, discipline and regulations, and for that purpose shall be considered as regularly enlisted men during the time of such drill, parade, review, encampment or other occasion ; and for the violation of such orders, discipline or regulations, they shall he liable to all the penalties prescribed for enlisted men and shall be subject to trial therefor, by a court-martial, during the continuance of such duty or within thirty days after.
94. Medals and Bars. To every officer and enlisted man who has served this State honestly and faithfully for six years, continuous or otherwise, and who continues in active service as an officer or enlisted man after that period, there shall be awarded a bronze medal of suitable design and inscription, and after each additional four years of honest and faithful service, continuous or otherwise, there shall be awarded, upon like continuance in service, a bronze bar. This law shall retroact in favor of a1l officers and enlisted men now actively in the service,

THURSDAY, AuGUST 10, 1916.

825

or who, having the prescribed term of service, shall reconnect themselves with the services of the State at some future date; Provided, that the time of service in the Confederate States Army or Navy or in the United States Army as a volunteer of this State subsequent to 1870, shall be counted double, if necessary to make the required length of service. These medals and bars shall be furnished by the State through the Adjutant-General's office upon application of the person entitled thereto, approved by intermediate commanders, and the expense of same shall be paid out of the military fund.

95. Aduisory Boards. The Governor has power to appoint advisory and other military boards as the service of the same shall, in his discretion, be needed.

96. Regulations, Publication of. For the purpose of carrying into effect the provisions of this Act, and of the laws of the United States in so far as they may apply to the militia of this State, and of providing for the organization, discipline and government of the militia of this State, in all particulars not herein fully described, the Governor is authorized to make and order such regulations, not inconsistent with law, as he may find necessary, which regulations shall have the same force and effect as provisions of this Act, until revoked by the Governor, and to furnish to each officer of the National Guard at least one copy of this Act and of any amendments thereto which may, from time to time be made, and of such regulations as may be prescribed printed at the ex pense of the State. Except as prescribed in the

826

JouR~AL OF THE SENATE,

regulations herein provided for, and in all matters not covered by this Act, the regulations, customs and usages of the army and navy of the "Cnited States, as the case may be, shall govern, as far as may be applicable, and the regulations and orders of the Governor, not inconsistent with law, shall remain in force until otherwise directed by the Governor.
97. Governor May Accept Donations. The Governor, in his discretion, is authorized to accept donations of lands and buildings to be used for military purposes by the National Guard of the State under such conditions as the donors may nominate; and he is empowered to make such rules and regulations governing such property as he may deem best for the interest of the State and the National Guard.
98. Governor's Consent Necessary. Ko part of the National Guard of this State shall le1n-e the State, as an organization, with or without arms, without the consent of the Governor, or the President, and any organization so offending shall he disbanded.
99. Foreig11 Forces. Ko armed militia force from another State, Territory or District shall he permitted to enter the State for the purpose of doing military duty therein, without the permission of the Gm~ernor, unless such force is part of the United States Army or is acting under the authority of the United States.

THE NAVAL MILITIA OF GEORGIA.
SEc. 4. 100. N a.val Battalion. In addition to the National Guard, the Governor may, in his discretion,

THURSDAY, AuousT 10, 1916.

827

in time of peace, organize a battalion of naval militia to consist of not less than two or more than four divisions, to be organized by Yoluntary enlistment, for the defense of coasts and harbors, which battalion shall be designated as the First Battalion, Naval Militia of Georgia. The officers of said battalion shall be a commander; one lieutenant-commander to act as executive officer; one lieutenant to act as navigator; one aide; one ordnance officer; one paymaster, and one surgeon, each with the rank of lieutenant, junior grade, and there may also be attached to the staff of the commanding officer the following warrant and petty officers; one warrant gunner, one boatswain, one chief gunner's mate, one chief boatswain's mate, one electrician, one chief quartermas~ ter, four quartermasters, and eight signalmen, two yeomen, and one hospital steward who must be a licensed druggist. Also, when there is a ship on station, there shall be an engineer's division, to consist of one chief engineer, with rank of lieutenant, two assistant engineers, with rank of ensign, and two warrant machinists, and such petty officers as may be required by the United States Navy Regulations for the organization of that ship's force. The commander and lieutenant-commander are to be elected in a similar manner to field officers of the National Guard, and the other officers and non-commissioned staff officers are to be appointed or warranted by the commtmder, in a similar manner as officers and non-commissioned staff officers of battalions of the National Guard.
101. D11ties of N aza.Z Battalion. The officers and

.JOuR X AL OF THE SENATE,
enlisted men of the aforesaid naval battalion, or any part thereof, shall perform such duty or service as may be ordered by the GoYemor, and shall be paid the same compensation as provided for like grades in the :i\ational Guard, when they have not received any compensation from the United States.
10~. Allowance of Naval1llilitia. The naval battalion shall be considered to correspond to a separate battalion in the Xational Guard of Georgia, and shall be entitled to the same privileges and allowances of such separate battalion. Each division of such naYal battalion shall be considered to correspond to a company of the Xational Guard of Georgia, and shall he entitled to the same priYileges and allowaner>s. The mPmhers of the naval battalion, and each diYision thereof, may form themselyes into an organization and adopt by-laws in the same manner~ with the same powers and subject to the same limitations as are now prescribed for members of companies in the Xational Guard of Georgia.
SEc. 5. All provisions of the National Defense Act of Congress, apprond .June 3, 1916, applicable to the Xational Guard of this State not incorporated herein are hereby enacted as a law of this State as if specially set forth herein and in all cases where the provisions of this Act and those of the Kational Defense Act of Congress, approved June 3, 1916, conflict, the provisions of the said National Defense Act shall govern.
.'\11 laws and parts of laws, general or special, statutes or parts of statutes, in conflict with this

Tm:RSDAY, AeousT 10, 1916.

829

Act, or any part thereof, be, and the same are, hereby repealed.
Be it further enacted, This Act shall take effect upon date of approval by the Governor.
The following amendments to the substitute were read and adopted, to-wit.:

By :\Ir. ],letcher of the 26th DistrictAmend Section 1, sub-head 3, page 1, substitute
for Bill 351: By striking in lines 19, 20 and 21 the words (a) "And such officer shall continue in office during good behavior unless specially retired by the Governor.''
(b) By striking the word "such" in line 25 and insert in lieu thereof the words ''all the above named.''
~:llnend Section 2, sub-head 10, page 4, substitute for Senate Bill 351, by striking in lines 47 and 48 the words ''for the period of two years, or until otherwise ordered by the Governor.''
Amend Section 3, head16, page 6, of substitute:
By striking from lines 3 and 4 the words ''The Adjutant-General, chief of staff.''
Amend further: Strike from Section 3, paragraph 17, lines 30 and 31 the following words: "On the recommendation of the Adjutant-General.''
Amend sub-head 21, page 8, of substitute for Senate Bill (a) by striking from line 65 the words

830

JOURXAL OF THE SENATE,

"thirty-six hundred" and substitute in lieu thereof the words ''three thousand.''
(b) By striking beginning in line 65, with the words "except when engaged in raising troops for the United States service, and, or, during a period of war, when the salary of the Adjutant-General, and all other officers and enlisted men in the :Military Department of the State shall be the same as for like grades in the United States Army," and all of lines 66, 67, 68, 69, 70.
Amend sub-head 81, page 31, by striking the following words from lines 767, 768, 769, 770 and 771: "To file an affidavit with the ordinary of the county or counties affected, setting forth the inability of the civil authorities to enforce the law and conserve the peace, and thereupon notify the Governor that such affidavit has been filed,'' and substitute in lieu thereof the following: ''to notify the Governor, who.''
The substitute was adopted, as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
The bill was read the third time.
Upon the passage of the bill by substitute, as amended, the ayes were 24 and nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute, as amended.

THURSDAY, AUGUST 10, 1916.

831

The following House bills and resolution were read the :first time, to-wit.:

By ::.\Ir. Carter of BaconA bill to regulate the running of vehicles on the
roads of Bacon County.
Referred to Counties and County Matters Committee.

By :Mr. Young of TiftA bill to empower the Commissioners of Roads
and Revenues of Tift CO'unty to contribute towards the support of the Tift County Hospital.
Referred to Counties and County Matters Comm.ittee.

By ::\Ir. Pickeren of CharltonA bill to require the Board of Commissioners of
Roads and Rewnues of Charlton County to pay certain monies to the town of St. George.
Referred to Counties and County Matters Committee.

By Mr. Anderson of JenkinsA bill to amend an Act to establish the City Court
or" Millen.
Referred to Special Judiciary Committee.

By Messrs. Ennis of Baldwin, Arnold of Henry and others-
A bill to appropriate the sum of $200,000 for the Georgia State Sanitarium at Milledgeville.

832

JouRNAL oF THE SENATE,

Referred to Appropriations Committee.

By :M:r. FullbrightA resolution authorizing the Treasurer to trans-
fer certain funds to account of Keeper of Public Buildings.
Referred to Appropriations Committee.

By Mr. WestbrookA bill to fix the salary of the Treas'Urer of Frank-
lin County.
Referred to Counties and County Matters Committee.

By 1\Ir. Anderson of JenkinsA bill to amend the charter of the city of Millen.
Referred to Corporations Committee.

By ::\Ir. Chancey of PulaskiA bill to authorize the Board of Commissioners
of Roads and Revenues of Pulaski County to have main thoroughfares worked and maintained by the county chaingang.
Referred to Counties and CO'unty Matters Committee.

By ::\Ir. Sheffield of EarlyA bill to fix the compensation for the Treasurer of
Early County.
Referred to Counties and County Matters Committee.

THURSDAY, Arm:rsT 10, 1916.

833

Hy ~1r. Carroll of CatoosaA bill to abolish the office of Treasurer of Catoosa
( 'ounty.
Referred to Counties and County Matters Committee.

By .Mr. Barber of GradyA bill to :fix the salary of the Treasurer of Grady
County.
Referred to Counties and County Matters Com mit tee.
The following House bills and resolutions were read the second time, to-wit.:

By :Mr. Morris of HartA bill to create a Board of Commissioners of
Roads and Revenues for the county of Hart.

By .J<lessrs. Ennis of Baldwin, Hutcheson of Turner, Olive of Richmond, Campbell of Newton, Culpepper of Meriwether, Fowler. of Bibb and Spence of :Mitchell-
A bill to appropriate the sum of fifty thousand dollars for the purpose of building a dormitory upon the campus of the Georgia Normal and Industrial College at Milledgeville, Georgia.
By :Mr. Griffin of LowndesA bill to appropriate fifty thousand dollars for
the building of a dormitory upon the campus of the South Georgia State Xormal Col1ege at Valdosta, Georgia.

834

JouRNAL oF THE SENATE,

By .Mr. Haynes of Gordon-
A bill to appropriate to the Trustees of Resaca C.onfederate Cemetery for the use of said cemetery, five hundred dollars ($500.00).

By .Messrs. Yeomans of Terrell and Arnold of Clarke-
A bill to appropriate to the Trustees of the University of Georgia, for the use of the State Xormal School at Athens, $100,000.00.

By Mr. Stewart of Coffee-
A bill to amend Paragraph 2, Section 1, Article 11, of the Constitution of Georgia, so as to create Atkinson County.

By Mr. Morris of Cobb-
A resolution to appropriate $60.00 to pay the pension of Mrs. L. E. York of Cobb County for the year 1915.

By :J1r. Blackburn of FultonA resolution for the relief of Mrs. R. U. Chunn.

By Mr. Davidson of Putnam-
A resolution to appropriate the sum of sixty dollars to pay the pension of Mrs. Z. E. A. Spence of Putnam County for the year 1912.

By :Messrs. Morris and Dorsey of CobbA resolution to pay pension of Mrs. Sarah A. vVil-
son, widow of Confederate veteran.

THURSDAY, AuGUST 10, 1916.

835

By Mr. Reiser of EffinghamA resolution to appropriate the sum of sixty dol-
lars to the Ordinary of Effingham County to be applied by -him to the payment of the expenses of last
illness and funeral expenses of J. vV. Morrell, indi-
gent pensioner of Effingham County.

By Mr. Clark of McintoshA resolution providing for the payment to Mrs.
W. E. Stebbins of ~Iclntosh County, the widow of Charles Stebbins, his pension for the year 1913.

By Mr. Hines of TroupA resolution to appropriate the sum of sixty dol-
lars to pay pension to Mrs. J. W. Brittman, Troup County, Georgia.
By Mr. Edwards of vValton-
A resolution to pay ~Irs. Hulda Whitehead, a widow pensioner of ":alton County, the sum of sixt~r dollars for 1914.

By Mr. ~-lnderson of BanksA resolution to provide for the payment of a pen-
sion to Mrs. Fannie Willis, widow of John Willis, Confederate ~eteran, for 1913.

By Mr. Bale of FloydA resolution io have pension paid to John Ward
for 1915.

By Mr. Dart of GlynnA resolution to appropriate thirty-three thousand

8.36

JocRNAL OF THE SENATE,

dollars to complete payment of pension rolls for 1916.
By Mr. Arnold of HenryA resolution to pay pension to Mrs. Partheney
Massey.
By Messrs. Morris and Dorsey of CobbA resolution to appropriate one thousand dollars
for improvements and care of Confederate Cemetery at Marietta, Georgia.
By Mr. Beck of CarrollA resolution to appropriate pension for ::\irs.
Hamil.
By Messrs. Smith and Steele of DeKalbA resolution to pay the pension of Mrs. Lidia A.
Reagin.
By Mr. Lunsford of LeeA resolution to pay the pension of Mrs. L. M. Ty-
son, a pension that bad accrued, but had not been paid at the date of her death.
By Mr. Arnold of HenryA resolution to pay pension to Mrs. Fannie J.
Abernatha of Henry County.
By :\fessrs. Findley of Floyd, Roberts of Hall, Dorsey of Cobb-
A resolution to appropriate funds_ to pay expenses and per diem of the various committees of the House and Senate.
Upon motion of Mr. Lawrence the Senate adjourned until tomorrow morning at 9 o'clock.

FRIDAY, ~hmrsT 11, 1916.

837

SE:\'ATE ('HAMBER, ATLANTA, GA.,
Friday, August 11, l!h6.
The Senate met pursuant to adjournment at 9 .o'clock, A. ::\-1., and was called to order by tbe Pres-
id~nt.
Prayer was offered by the Chaplain.
B~~ unanimous consent the call of the roll was ,li::;pensed with.
By unanimous consent the reading of the Journal of yesterday's session was dispensed with.
:Mr. Peaeock, of the 14th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President: Your Committee on Corporations has had under
consideration the following bills of the House and instructed me, as their Chairman, to report same back to the Senate with .the recommendation that same do pass, to wit. :
A biU to amend the charter of Macon. A bill to create a new charter for Davisboro. A biU to amend the charter of Kirkwood. A bill to amend cha:r;ter of Decatur. A bill to amend the charter of Toccoa.

888

JOURNAL OF THE SEN ATE,

A bill to incorporate the town of Taylorsville. A bill to incorporate the town of Chester.
Your Committee has further had under consideration the following bill of the House and instruct me as the~r chairman to report same back with a recommendation that it do pass by substitute, to wit.:
A bill to amend the charter of Social Circle. Respectfu1ly submitted, PEAcocK, Chairman.
:\:Ir. Harrison, of the ~5th District, Chairman of the Committee on Engrossing, submitted the fol1owing report:
Mr. President: Your Committee on Engrossing has examined
and found properly engrossed and ready for transmission to the House the following bills, to wit.:
A bill to amend Section 1:207 of the Penal Code.
A bill to confer on the lessors of railroads the right to condemn, lease or buy land.
A bill to provide for "Notaries Public at Large. Respectfully submitted, W. T. HARRISON, Chairman.
Mr. Harrison, of the 25th District, Chairman of the Committee on Education, submitted the following report:
Jl r. President: Your Committee on Edu('ation has bad under con-

FRIDAY, ArarsT 11, 1916.

839

sideration the following bills of the House and instructed me as their Chairman to report same back to the Senate with the recommendation that same do pass by substitute:
A bill to require attendance of children when they have not completed fourth grade.
Your committee has further had under consideration the following bill of House and report same back with a recommendation that it do pass, to wit.:
A bill to amend the Act creating a system of municipal schools for Louisville.
Your committee has further had under consideration the following bill of the Senate ,and report the same back with a recommendation that it do pass to wit. :

A bill to fix the salanr of the Treasurer of Upson County.

Your committee has further had under consideration the following resolution of the Senate and instruct me as their Chairman to report same back with a recommendation that same do pass, to wit.:

A resolution that the State Board of Education is hereby designated to receive and administer the funds to be derived from the Smith-Hughes Bill now pending in Congress.
Respectfully sufimitted,
vV. 'r. HARRISON, Chairman.

:Mr. Akin, of the 4th District, Chairman of the

840

JoT:RNAL OF THE St~NATE,

Committee on Finance, submitted the following report:

Mr. President : Your Committee on Finance has had under con-
sideration the following bill of the House and instructed me as their Chairman to report same back to the Senate with the recommendation that same
do pass, to wit.:
A bill to require ordinaries to record names and addresses of consignees of vinous liquors, etc.
Respectfully submitted, L. R. A KIN, Chairman.

Mr. Adams, of the 3'3d District, Chairman of the Committee on Special Judiciary, submitted the following report :

11Jr. President: Your Committee on Special Judiciary has had un-
der consideration the following bill of the House and instructed me, as their Chairman to report same back to the Senate with the recommendation that same do pass, to wit.:
A bill to amend "An Act to establish the City Court of Millen.''
Respectfully submitted, J. 0. ADAMS, Chairman.
:Jir. Goolsby, of the ~8th nistrict, Chairman of the Committee on Counties and County :Jiatters, submitted the follo"-ing report:

FRIDAY, Arm:sT 11, 1916.

841

111 r. President: Your Committee on Counties and County Matters
has had under consideration the following bi1ls of the House and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass:
A bill to authorize and require the Board of Commissioners of Roads and Revenues of Pulaski County to have the main thoroughfares worked and maintained.
A bill to require the Board of Commissioners of Roads and Revenues of Charlton County to pay certain money to mayor and City Council of St. George.
A bill to abolish office of Treasurer of Catoosa County.
A bill to regulate the running of vehicles on the roads of Bacon County.
A bill to fix the salary of the Treasurer of Morgan County.

A bill to fix the salary of the Treasurer of Franklin County.

A bill to empower the Commissioner of R-oads a.nd Revenues to contribute to the maintenanre of the Tift County Hospital.

Your Committee has further had under consideration the following bills of the House and return them with a recommendation that same do pass as amended, to wit. :

842

JouR~AL OF THE SENATE,

A bill to provide compensation for the Treasurer of Early County.
A bill to provide compensation for Treasurer of Lincoln County.

Your c-ommittee has further bad under consideration the following bill of the Senate and report same back with a recommendation that it do not pass, to wit. :
A bill to amend an ~-\ct entitled an .Act to create the office of Commissioners of Roads and Revenues for Henry County.
Your Committee has further had under consideration the follmving bills of the House and return them back with a recommendation that they do not pass, to wit.:
A bill to prescribe the manner of holding primary eledions in Lincoln County.
A bill to abolish the City Court of :Monroe, in Walton County.
A bill to create a Board of ( 'ommissioners of Roads and Revenues for Lincoln County.
Respectfull~ submitted, B. E. GooLSBY, Chairman.
::\:[r. Adams, of the 33d District, Chairman of the Committee on Sperial J u<liciary, submitted the following report :
11Jr. President: Your Committee on Special Judiciary has had

FRIDAY, Al:G"l"ST 11, 1916.

843

under consideration the following bill of the House and instructed me as their Chairm~n to report same bark to the Senate with the recommendation that same do pass, as amended:

A bill to amend an Act to create the City Court of Gray.
Respectfully submitted, J. 0. ADAMS, Chairman.

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

J.lfr. President :
The House has passed by the requisite constitutional majority, the foBowing bills of the House, to wit.:
A bill to prevent trespassing on the property of the Georgia State Sanitarium.
A bill to amend the charter of the ('it~- of Swainsboro.
A bill to amend charter of the City of Atlanta.
A bill to abolish the office of Treasurer of Bryan County.
A bill to authorize the Ordinary of Br~an County to name a County Depository.
A bill to authorize Ordinary, Clerk of Superior Court and Sheriff of Bryan County to keep their offices and records at the county site of Bryan County.

844

JouRNAL OF THE SENATE,

A bill to create .a recreation commission for the City of Savannah.
A bill to authorize the :Vlayor and Council of City of l\Iadison to extend watermains and sewerag-e system.
A bill to prescribe the manner of holding primary elections in Baker County.
A bill to incorporate Hockingham School District in County of Bacon.
A bill to repeal charter of town of Leon.
A bill to amend the charter of the City of LaB..,ayette.

A bill to amend ArticlP i~, Rection 2, Paragraphs 1 and 2 of the Constitution of Georg-ia, so as to increase the number of Senatorial Districts.
The following message was received from the House throug-h :M:r. Boifeuillet, the Clerk thereof:

1Jlr. Presideu t : The House has passed hy the requisite constitu-
tional majority the following hills of the Senate, to wit.:
A bill to amend Section 1041 of the Code of 1910, relative to changing venue of the trial of affidavits .of illegality by railroad companies.
A bill to provide for assessment, giving and approval of super:-;edeas bonds in this State, in certain cases.

FRIDAY, Arm:sT 11, 1916.

845

A bill to amend Section 16, Vol. 1 of the Code, relative to boundaries.
The House has passed by the requisite constitutional majority the follo-\ving resolution of the Senate, to wit:.
A resolution to authorize the Compiler of State Records to accept on deposit certain records, documents, etc., for Daughters of the American Revolution.
The House has concurred in the Senate substitute to the following bill of the House, to wit. :
A bill to fix the salary of the Treasurer of Pickens 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-
tional majority the following bill of the House, to wit.:
.A bill to repeal an Act granting right of way to the Cincinnati Southern Railway where its route adjoins that of the \Vestern and Atlantic Railroad.
The following Senate bills were taken up for a third reading, to be put upon their passage, to wit. :

By Mr. BuchananA bill to amend the charter of the City of Blakely.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

846

.JouRNAL oF THE SENATE,

1'pon the passage of the bilr the ayes were 25, nays 0.
The bill, having received the requisite constitutional majority, was passed.

R~, Mr. BonnerA bill to fix the salary of the Treasurer of Frank-
lin County.
The report of the committee, which was favorablP to the passage of the bill, was agreed to.
r pon the passage of the bill the ayes were 25,
nays 0.
The bill, having received the requisite constitutional majority, was passed.

B~- }ir. Paulk of 15th District.:\ bill to incorporate the Cit~- of Helena.
The report of the Committee, which \Yas fayorahle to the passage of the bill, was agreed to.
Upon the passage of the hill the ayes were 25, nays 0.
The bill, having received tlw reqnisit<> eonstitutional majority, was passed.

B~- l\Ir. Buchanan~\ hill to abolish the <.'ity Court of BlakPl~-.
rrhe report of the committee, which was favorable to tlw passage of tlw hill, was agreed to.

FRIDAY, AL"GL"ST 11, 19Hi.

847

1Jpon the passage of the bill the ayes were :25, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By .:\lr. BuchananA bill to create the City Court of Morgan, in and
for the County of Calhoun.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon tbe 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 taken up for a thinl reading, to he put upon their passage, to wit.:

B~ Mr..Jones of \VilkinsonA bill to repeal an Act constituting the pr~sent
clmrter of Gordon.
The report of the commitee, which was favorable to the passage of the hill, was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.
The biU, having received the requisite constitutional majority, was passed.

By Messrs. Hodges and Turner of BrooksA bill to amend an Act approved Aug11st 2, 1912,
to establish the City Court of Quitman.

848

JouRNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
"Gpon the passage of the bill the ayes were :20, nays 0.
The bill, having received the requisite constitutional majority, was passed.
R_,- .:\ir. Smith of DadeA bill to abolish the office of County Treasurer of
Dade County.
The report of the committee, which was favorahl2 to the passage of the bi1l, 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. Bale of FloydA bill to amend an Act approved August 15, 1914,
concerning the removal and erection of bridges in the Cit~- of Rome.
The report of the Committee, which was faYorahle to the passage of the hill, was agreed to.
Upon the passage of the bill the ayes "ere :27, nays 0.
The bill, having received the requisite eonstitutional majority, was passed.
By ~Jr. Spence"\ bill to abolish the office of Treasurer ot' .:\1 itch-
ell County.

FRIDAY, AL"GUST 11, 1916.

849

The report of the committee, which was favorable to the passage of the bill, 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.

B~- ::\1r. Collier of Stephens.:\ bill to amend Section 1249, VoL 1 of Code of
1910, so as to add another bank to the list of State depositories in the town of Toccoa.
The report of the committe, which was favorable to the passage of the bill, was agreed to.
1Jpon the passage of the bill the ayes were '27, na~s 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. YoungA bill to ameml an Act to create the office of
Commissioner of Roads and Revenues for Tift County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were '27, na~s 0.
The bill, having received the requisite constitutional majority, was passed.

850

.Jo-uRNAL oF THE SE~ATE,

B~- "}Iessrs. Hopkins and BowersA bill to fix the time of ('Ollec>ting commutation road
tax in Thomas County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were :!.7, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By ::\lr. Turner of BrooksA bill to amend the charter of the town of Dixie.
The report of the committee, which was favorable to the passage of the bill, 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.

B~- 1\Ir. Dorris of CrispA hill to amend an Act to create a Board of Coun-
ty Commissioners for the ( 'ounty of Crisp.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
'Gpon the passage of the bill the ayes were "!.7, na~s 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, AUGUST 11, 1916.

851

By Messrs. Harris and Taylor of WashingtonA bill to provide for the handling of the county
funds of the County of vYashington.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
U1)0n the passage of the bill the ayes Were '27, na~s 0.
The bill, having received the requisite constitutional majority, was passed.

B~ ~ir. Hopkins of ThomasA bill to abolish the office of County Treasurer
of Thomas County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
"Gpon the passage of the bill the ayes were '21, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Messrs. Stark and Allen of JacksonA bill to amend. an Act treating a Board of Com-
Imsswners of Roads and ReYenues for Jackson ( {ount~.
The report of the committee, which was fayorable to the passage of the hill, was agreed to.
Fpon the passage of the bill the ayes were :27, nays 0.

852

JoL"RNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

By ~ir. Gillis of MontgomeryA bill to amend an Act to create a Board of Com-
missioners of Roads and Revenues for the County of ~iontgomery.
The report of the Committee, which was favorable to the passage of the bill, 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 }fr. Carter of BaconA bill to create a Bond Commission for the
County of Bacon.
The report of the committee, which was favorable to the passage of the bill, 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. Anderson of BanksA bill to create a Board of Commissioners of
Roads and ReYenues for Banks County.
The report of the committee, which was favorahle to the passag<' of th0 hill, was agreed to.

FRIDAY, AUG"UST 11, 1916.

85:)

Cpon the passage of the bill as amended the ayes were 27, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended and the ame1Hlments "ere as follows:
Committee amends 8ection 2 of the bill by striking all the language after the words ''constituted as follows." in the fourth line of said section, and inserting in lieu thereof the following: ''The 1206th, 284th, 371st and 1580th :\Iilitia Districts shall constitute the First Road District.
''The 208th, 263th anu 1210th and 207th :Militia Districts shall eonstitute the Seeond Road District.
' The 448th, 465th, 1464th and 012th :\Iilitia Districts shall eonstitute the Third Road District.''
The eommittee further amends b~, striking Section 7 and inserting in lieu thereof the following to lw known as Section 7 :

''See. 7. Be it further enacted by the authority aforesaid, That the Ordinary of Banks County shall be Clerk of the Board of County Commissioners of Roads and Revenues of said county, whose duty it shall be to keep in a well bound book a eomplete record of all the acts and doings of said Board of Commissioners, said records to be open to inspection of any citizen of said county at all times, proYided the same does not interfere with the meetings of the Board. Said Ordinary, or Clerk, of the Board of Count~' Commissioners shall receive the sum of three

JouRNAL OF THE SENATE,
hundred and fifty ($350.00) dollars per annum for his services as such clerk to be paid quarterly out of the county treasury.''
('ommittee further amends Section 8 by striking the words and figures two hundred dollars in said paragraph, and inserting in lieu thereof the words and figures "one hundre1l and fifty ($150.) lollars."
By .:\lr. Burruss of .:\forganA bill to fix the salary of the Treasurer of }{organ
County.
The report of the committee, which was fayorable to the passage of the bill, was agreed to.
Upon the passage of the bill the a~es were :-10, nays 0.
The hill, having received the requisite constitutional majority, was passed.
By lir. Chancey of PulaskiA hill to abolish the office of County Treasurer
of Pulaski County.
The report of the committee, which was favorable to the passage of the bill by substitute was agreed to.
Upon the passage of the hill h~' suhstitute the ayes were :27, na~s 0.
'l'he hill, luning reeeived thl:' requisite constitutional majority, was passed hy suhstitute, and the :;;uhstitute was aR follO\YS, to wit.:
Senate Huhstitute to House Bill Xo. 856.

FRIDAY, AuousT 11, 1916.

855

A BILL
To be entitled an Act fixing the salary of the Treasurer of Pulaski County, and for other purposes.
SEcTJO::-< 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the 1st day of .January, 1917, the County Treasurer of Pulaski County shall receive a salary of $350. and that said salary shall be in lieu of all other compensation or commission paid to Raid treasurer.
Sec. :?, Be it further enacted, That aU laws and parts of laws in eonflict with this Act be, and the same are hereby repealed.

By :\[r. Rich of }fillerA hill to repeal an Act to create the City Court
of ~'filler Count~.
The report of the committee, which was favorable to the passage of the hilJ as amended was agreed to.
.rpon the passage of the hill as amended the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was pasRed as amended, and the amellflments were as follows, to wit. :
S.f."nate Committee .Anwndnwnt to H. B. No. 865.
The committee of the Senate on Corporations offers the following- mnendnwnt, h~- adding to said bill just before tllP repealing <'lanse a new section to be nnmhered ae<'or<lingly and to read as follows:

JOURNAL OF THE SENATR,

''Section

. Be it further enacted hy the au-

thority aforesaid, That the provisions of this Act

shall be submitted to the qualified voters of Miller

County on September 12th, 1916, for their ratifica-

tion or rejection. That the Ordinary of :Jliller

County shall have prepared and furnish to the man-

agers of the State Democratic Primary Eleetion in

).filler County on September 1:2th, 1916, ballots on

which shall be plainly written or printed the words:

''For eity eourt '', and also the words: ''Against eity

court," and en"r~- voter in said County of :Jliller who

is qualified to vote in said State Primary Election

shall be also qualified to vote for or against the said

rit~ eourt, and should a majority of tho:se so voting

cast their ballots against the city court, then this

bill shall become of full force and effect from and

after January 1st, 1917; and should a majority of

those voting in said primary election cast their bal-

lots for the rity court this Act shall be of no force

and effect and shall be null and Yoid. ~\ny voter de-

siring the provisions of this Act to become a lm"f and

the said City Court of Miller County abolished shall

strike from his hal lot the words: ''For cit~ eourt''

and an~ voter desiring that said city eourt be re-

tained and this law not effectiYe shall strike or erase

from his ballot the words: ''Against city court,''

and it is hereb~- made the duty of the managers and

clerks and other officers or persoi1s holding said

State Democratic Primary Election to also receive

and count the aforesaid ballots, and to make re-

hum; thereof to the Ordinary of :J.filJer CO'unty,

whose duty it shall be to declare the result.

FRIDAY, AUGUST 11, 1916.

8:)7

The following House bills were read the second tinw, to wit.:

B~' Mr. King of .TeffersonA bill to amend the Act creating a system of mu-
niripal srhools for Louisville, Jefferson County.

By ~ies;-;rs. Hutcheson of Turner anu Kunn of Houston-
~-\ bill to require school attenclanrp of children \Yhen tlw~- haYe not completed fourth grade.

By :\Jr. Crany of DodgeA bill to incorporate the town of Chester, in the
Count~ of Dodge.
By :\lr. Ta~lor of vVashingion~\ bill to creat(' a new charter for the town of
Davisboro, \Vashiugton ( 'ount~.
By Mr. ~teele of DeKalbA hill to amend the charter of the town of Kirk-
wood.

By :\Ir. Hich of .;liller.A hill to repeal an ~~ct creating the City Court of
}filler County.

By :\Jr. Collier of Stephens~\ bill to amend the charter of the City of Toccoa,
Georgia.
By Messrs. Doud and Cole of Bartow County~-\. hill to incorporate the town of Taylorsville, in
Bartow County.

858

JouRNAL OF THE SENATE,

By :\Iessrs. Fo,der, Ayer and Barfield of BibbA bill to amend the charter of the City of :\1acon.

By :\Iessrs. Adams and Ecl\\ards of \ValtonA bill to amend the charter of the City of Social
Circle.

By Messrs. Steele and Smith of DeKalb---A bill to amend the charter of the town of Decatur.

By .J-ir. Anderson of JenkinsA bill to amend an Act to establish the City Court
of :\Iillen.

By Mr. Harris of vVashingtonA bill to require ordinaries to record names and
addresses of consignees of vinous and malt liquors.

By Mr. 'VestbrookA bill to fix the salary of the Treasurer of Frank-
lin County.
B~ Mr. PickerenA hill to require the Commissioners of Charlton
County to pay certain monies to the town of St. George.
By }fr. Carter of BaconA bill to regulate the running of vehicles m the
roads of Bacon Count~-.
B~ }fr. Carroll of CatoosaA hill to abolish the office of Treasurer of Ca-
toosa County.

FRIDAY, A1JGUST 11, 1916.

859

By ~Ir. Young of TiftA bill to empower the Commissioner of Tift Coun-
ty to contribute towards the support of the Tift County Hospital.

By ::\l:r. Chancey of Pulaski~.\ hill to authorize the County Commissioners of
Pulaski Count~' to haye the main thoroughfares worked and maintained m said county.

By l\fr. EstesA hill to provide compensation for the Treasurer
of Lincoln Count~'

By ::\lr. SheffieldA bill to provid<~ eompensation for the Treasurer
of Early County.
The following House bill was read the second time and recommitted to the General .Judiciary Committee, to wit.:

B~- ::\Ir. Heath of BurkeA bill to amend an Act approved August 16, 1915,
creating .JuYenilc Courts in certain counties.
The following Senate bills and resolution were read the set'OlHl time, to wit.:

By Mr. HarrisonA resolution designating the State Board of Edu-
cation to receive and administer the fund to be received under the Smith-Hughes Bill now pending in Congress.

860

JouRNAL OF THE SENATE,

By :Yir. Pickett of 41st DistrictA bill to amend Section 647 of the Civil Code.

B~- )Ir. HarrisonA bill to fix the salary of the Treasurer of Upson
County.
Mr. \Yard, of the 5th District, Acting Chairman of the Committee on Engrossing, submitted the following report:

Mr. President: Your Committee on Engrossing has examined and
found properly engrossed and ready for the transmission to the House, the fo1lowing bills, to wit.:
A bill to amend an Act to provide for the leasing of the \Y. & A. R. R.
A bill to amend Article 7, Section 12 of the Constitution of Georgia so as to increase the bonded in-
debtedness for the extension of the ,V. & A. R. R. to
Savannah, Brunswick, or some other point.
A bill to require convict wardens in the several counties of this State, where a public road r~ms through an incorporated town, to work such ron1ls.
'V Respectfully submitted, C. A. ARD, Acting Chrmn.
Fpon motion of .Jlr. Lawrence the Senate agreed to hold an afternoon session to meet at 3 o'clock, to c-onsider appropriation hills and resolutions.
Senate Bill ~o. 35~ was recommitted to General Judiciary Committee.

FRIDAY, AuGusT 11, 1916.

861

The following Senate hill was read the first time, to wit.:

By :J1r. McLaughlinA bill to repeal an Act to incorporate the town of
Stonewall, in the County of Campbell.
Referred to Corporations Committee.
The following House bill was taken up for a third reading, to be put upon its passage, to wit.:

By Mr. Andrews of FultonA bill to provide for the creation of the Georgia
State Highway Commission.
:Jfr. Stovall offered the following amendment to committee amendment:
Amend by striking all words after the second word "provided": "Provided, further, that all State, Federal and other funds that may come into the bands of the Higln~ay Department shall be distributed as follows: one-third of public highways funds shall be divided among the several counties of this State according to the numbers of square miles contained therein, one-third. of said funds shall be divided among the several counties of the State according to the number of inhabitants therein; the remaining one-third of said funds to be divided among the several counties of this State according to the number of miles of rural post roads as shown by the certificate of the Postmaster-General for the preceding year.''

JouRNAL OF THE SENATE,

upon the adoption of the amendment the ayes and nays were ordered and the Yote was as follows:

Those voting in the affirmative were Messrs.-

Bailey, L. S. Boykin, H. A. Buchanan, W. A. Fletcher, H. M. Goolsby, B. F. Harbin, T. W.

Harrison, W. T. :\Iangham, J. J. Minter, C. C. ::'lfcCrory, C. R. Pickett, D. C.

Stovall, A. S. J. Thomas, J. R. Tison, :\lark Turner, T. R. Way, J. B.

Those voting in the negative were Messrs.-

Adams, J. 0.
Bonner, T. B. Burnside, J. B. Callahan, J. W. Eakes, W. J. Gillis, N. L.

Holtl~H .Tno. I". Lawrence, A. A. :.\foon, E. T. :\Ic Farland, J. R. ~IcLaughlin, B. F .. .Paulk, Geo. A.

Pickett, Roscoe Smith, E. M. Trammell. .J. R. Ward, C. A. Walker, J. D. Vi'ren, W. J.

Those not voting were :Messrs.-

Akin, L. R. Carlton, J. A. Dobbs, E. 1'.

Jo'agan, T. V. Haralson, Pat Paulk, J\I. .T.

Peacock, Z. V.
Ransom, w. :.\1.
Tra<~. ('. ('.

_-\yes 16, na~s 1R.

Tlw amendment \Yas lost.

::\Ir. Persons offered a snhstitnte for the bill.

Upon the adoption of the substitute the ayt>s and na~s were ordered and the Yote was as follows:

Those voting in the affirmative were Messrs.-

Bonner, T. B. Buchanan, \V. A. Burnside, J. B. Callahan, J. W.

Fagan, T. V. Holden, Jno. F. :.\foon, E. 'f. :\fcFarlaml, J. R.

Paulk, Geo. .\. Pickett, Roscoe Walker, J. D. ."Wren, \V..T.

Those voting in the negative were Messrs.-

Bailey, L. S. Boykin, H. A.

Fletcher, H. M. t:illis, X. L.

Goolsb~, B. F. Harrison, \V. T.

FRIDAY, At:Gt:ST 11, 1916.

863

Law1enee, A. A. }'Iangham, J. J. Minter, C. C. :VIeCrory, C. R. :\IcLaughlin, B. F. Paulk, M. J.

Pickett, D. C. Smith, E. M. Stovall, A. S. J. 'rhomas, J. R. Tison, Mark

TracJ, C. C. Trammell, J. R. Turner, T. R. Wa1d, C. A. Way, J. B.

Those not voting were Messrs.-

Adams, J. 0. Akin, L. R. Carlton, J. A.

Dobbs, E. P. Eakes', W. J. Haralson, Pat

Harbin, T. W. Peacock, Z. V. Ransom, W. M.

~-\.yes 12, nays 22.

The substitute was lost.

.:\Ir. Stovall offered a substitute to the bill and upon its adoption the ayes and nays were ordered.

The vote was as follows:

1"'hose voting in the affirmative were Messrs.-

Bonner, T. B. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Fagan, T.V.

Fletcher, H. M. Holden, Jno. P. McFarland, J. R. Paulk, Geo. A. Paulk, M. J.

Pil'kett, Roscoe Stovall, A. S. J. Turner, T. R. Walker, J. D.

Those voting in the negative were Messrs.-

Bailey, L. S. Boykin, H. A. Gillis, N. L. Goolsby, B. F. Harbin, T. W. Harrison, W. T. Lawrence, A. A.

Mangham, J. J. }linter, C. C. ::\Ioon, E. T. McCrory, C. R. McLaughlin, B. F. Pickett, D. C. Smith, E. M.

Thomas, J. R. Tison, Mark Tntt.y, C. C. Trammell, J. R. Ward, C. A. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Adams, J. 0. Akin, L. R. Carlton, J. A.

Dobbs, E. P. Eakes', W. J. Haralson, Pat

Peacock, Z. V. R.ansom, W. ::\1.

.Ayes 14, nays 21.

864

Jo"t'R)IAL OF THE SE)IATE,

The substitute was lost.

The report of the eommittce, whieh was favorable to the passage of the hill as amended, was agreed to.

Cpon the passage of the bill as amenrl_e<l the ayes and na~s were ordered aml the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0.
Bailey, L. s.
Bonner, T. B. Boykin, H. A. Buchanan, W. A.
Burnside, J. B. Callahan, J. W. Fagan, T.V. Fletcher, H. M.
Gillis, N. L.
Goolsby, B. F. Haralson, Pat

Harbin, T. W.
Harrison, W. T. Holtlen, Jno. F.
Lawrence, A. A.
:\Iangham, J. J. :\'linter, C. C. :\loon, E. T.
McCrory, c. R.
:\{cFarland, J. R. :\icLaughlin, B. F. Paulk, Geo. A. Paulk, :\f. .J.

Pickett, D. C.
Smith, E. M.
Stovall, A. s. J.
Thomas, .J. R.
'Pison, :\lark
Traey. ('. ('. Trammell, ,J. R.
\Vard, c. A.
Walker, J. D.
Way, J. B.
Wren, w. .r.

Those voting in the negative were Messrs.-

Pickett, Roscoe

Turner, T. R.

Those not voting were Messrs.-

Akin, L. R. Carlton, J. A.

Dobbs, E. P. Eakeg, W. J.

Peacock, Z. V.
Rnm;om, W. :\f.

The hill, having rereive<l the requisih con~titu tional majority, was passNl aH amC'nd<'d, and the amendment was as follows:
Amend the <'aption an<l Re<>tion 1 of sai1l .\rt by adding after "the words ''Prison Commission of Georgia," the following: "together with the State Geologist, the Dean of Civil Engineeriug of the State University, and the Professor of Highway EngiiJCPring at the GPorgia School of T<'ehnology."

FRIDAY, AuGUST 11, 1916.

865

The following House bills were read the first time, to wit.:

By Messrs. Carter of Bacon and others-
A bill to amend Article :3, Section 2, Paragraphs 1
and :2 of the Constitution of Georgia so as to increase the number of Senatorial Districts.
Referred to the Constitutional Amendments Committee.

By :Mr. Edwards of BryanA bill to abolish the office of Treasurer of Bryan
County.
Referred to Counties and County :Matters Committee.
By Mr. Kidd of BakerA bill to prescribe the manner of holding primary
elections in Baker County.
Referred to Special Judiciary Committee.

By Mr. Edwards of BryanA bill to authorize the Ordinary of Bryan County
to name a county depository.
Referred to Counties and County Matters Committee.

By Mr. Edwards of Bryan-
A bill to authorize the Ordinary, Clerk of Superior Court, and Sheriff of Bryan County to keep their office at the county site of Bryan County.

866

JouRNAL oF THE SENATE,

By ~:Ir. Swift of ~1uscogeeA bill to repeal an Act granting right of way to the
l'incinnati Southern Railway, where its route adjoins that of the \V. & A. R. R.
Referred to Railroads Committee.

By Mr. EnnisA bill to prevent trespass on property of Georgia
State Sanitarium at ~Iilledgeville.
Referred to State Sanitarium Committee.

By ~Ir. Harris of \YalkerA bill to amend the charter of the City of La-
Fayette.
Referred to Corporations. Committee.

By ~Iessrs. ~Iyrick, Shuptrine and JacksonA bill to create and organize the Recreation Com-
mission of the City of Savannah.
Referred to Corporations ( 'ommittee.

B~- ~Iessrs. Blaekburn, Andrews and Atkinson of Fulton-
A bill to amend the charter of the City of Atlanta.
Referred to Corporations Committee.

By ~Ir. Burruss of :MorganA bill to authorize the ~Iayor and Council of
City of :Madison to extend "ater mains, sewerage, etc., and to issue bonds to pay for same.
Referred to Corporations Committee.

FRIDAY, AUGUST 11, 1916.

867

By :Jir. Cravey of DodgeA bill to repeal the charter of the town of Leon.
Referred to Corporations Committee.

By :Jir. Carter of BaconA bill to incorporate R.ockingham School District
in the County of Bacon.
Referred to Corporations Committee.

By :Jlr. Brown of EmanuelA hill to amend the charter of City of Swainsboro.
Referred to Special Judiciary Committee.
The hour of 1 o'clock, P. M. having arrived the Senate took a recess until 3' o'clock, P. M.
The Senate met pursuant to adjournment at 3 o'clock, P. :JI., and was called to order by the President.
Upon motion the call of the roll was dispensed with.
By unanimous consent the Senate reconsidered its action in the passage on yesterday of the following bill of the House, to wit.:

By :Messrs. Green and Anderson of wilkesA hill to repeal an Act to establish the City Court
Olf vVashington.
Upon motion of Mr. Burnside the bill was recommitted to Special Judiciary Committee.
:i\1r. \Yalker, of the 20th District, Chairman of the

868

JouRNAL OF THE SENATE,

Committee on Appropriations, submitted the following- report:

Mr. Presiden-t: Your Committee on Appropriations has had un-
der consideration the following resolution of the House and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass as amended, to wit.:
A resolution to pay off old balance due Chas. ""\V. Crankshaw for silver service.
R-espectfully submitted,
w .J~0. D. ALKER, Chairman.

)lr. ""\Yalker, of the 20th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President: Your Committee on Appropriations has had un-
der consideration the following resolution 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 resolution authodzing the Treasurer to transfer certain funds to account of Public Buildings.
R-espectfully submitted,
J NO. D. vVALKER, Chairman.
The following House bills and resolutions were taken up for a third reading, to be put upon their passage, to wit.:

FRIDAY, AuGUST 11, 1916.

869

By J:Iessrs. Findley, Roberts and DorseyA resolution to appropriate funds to pay expenses
and per diem of the various committees of the House and Senate.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
Upon the passage of the resolution the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Dobbs, E. P. Fagan, T.V. Fletcher, H. M. Gillis, N. L. Goolsby, B. F.

Harbin, T. W. Harrison, W. T. Holden, Jno. F. Lawrence, A. A. l\frngham, J. J. :\linter, C. C. :\loon, E. T. :'licFarland, J. R. :\IcLaughlin, B. F. Paulk, M. J. Pickett, D. C.

Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, Mark '1 racy, C. C. Trammell, J. R. Turner, T. R. Ward, C. A. Walker, J. D. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Akin, L. R. Callahan, J. W. Carlton, J. A. Eakes, \Y..J.

Haralson, Pat McCrory, C. R. Banik, Geo. A.

Peacock, Z. V. Pickett, Roscoe Ransom, W. M.

Ayes 33, nays 0.

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

By Mr. BlackburnA resolution for the relief of ~:Irs. R. N. Chunn.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.

870

JouRNAL OF THE SENATE,

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

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Fletcher, H. M. Gillis, N. L. Goolsby, B. F.

Ilarhin, T. W. Harrison, W. T. Holden, Jno. F. Lawrence, A. A. Jlilangham, J. J. :\linter, C. C. i\'Ioon, E. T. McFarland, J. R. McLaughlin, B. F. Paulk, M. J.

Pickett, D. C. Smith, E. M. Thomas, J. R. Tison, Mark Tracy, C. C. Trammell, J. R. 'furner, T. R. Ward, C. A. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Akin, L. R. Burnside, J. B. Carlton, J. A. Eakes, W. J.

Haralson, Pat McCrory, C. R. Paulk, Geo. A. Peacock, Z. V.

Pickett, Roscoe Ransom, W. M. Stovall, A. S. J. Walker, J. D.

Ayes 31, nays 0.

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

By Mr. BlackburnA resolution for the relief of George Spivey, et al.

The report of the committee, which was favorable to the passage of the resolution, was agreed to.

Upon the passage of the resolution the ayes and nars were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A.

Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P.

Fagan, T.V. Fletcher, H. M. Gillis, N. L. Goolsby, B. F.

FRIDAY, AUGUST 11, 1916.

871

Haralson, Pat Harbin, T. W. Harrison, W. T. Holden, .Jno. F. Lawrence, A. A. Mangham, J. J. :Minter, C. C.

}foon, E. T. :\lcFarland, J. R. McLaughlin, B. F. Paulk, M. J. Pickett, D. C. Smith E. M. Thomas, J. R.

Tison, }fark Tracy, C. C. Trammell, J. R. Turner, T. R. Ward, C. A. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Akin, L. R. Carlton, .T. A. Eakes, W. J. McCrory, C. R.

Paulk, Geo. A. Peacock, Z. V. Pickett, Roscoe

Ransom, W. M. Sto>all, A. S. J. Walker, J. D.

Ayes 3:3, nays 0.

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

By .}!r..Arnold of Henry-
A resolution to pay pension of Mrs. Partheney
:Masse~.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
"Cpon the passage of the resolution the ayes and nays were ordered and the vote \vas as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. 1:'. Fagan, T.V. Fletcher, H. M.

Gillis, N. L. Goolsby, B. F. Harrison, W. T. Lawrence, A. A. ;~.: angham, J. J. Minter, C. C. :\loon, E. T. l\IcFarland, J. R. McLaughlin, B. F. Paulk, M. J.

Pickett, D. C. Smith, E. M. Thomas, J. R. Tison, Mark Tracy, C. C. Turner, T. R. Ward, C. A. Way, J. B. Wren, W. J.

872

JouRNAL OF THE SENATE,

Those not voting were Messrs.-

Akin, L. B. Carlton, J. A. Eakes, W. J. , Haralson, Pat Harbin, T. W.

Holden, Jno. F. McCrory, C. R. Paulk, Geo. A. Peacock, Z. V. Pickett, Roscoe

Ransom, W. M. Stovall, A. S. J. Trammell, J. R. Walker, J. D.

Ayes 29, nays 0.

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

By }lr. Arnold of HenryA resolution to pay pension of Fannie I. Aber-
natha.

The report of the committee, which was favorable to the passage of the resolution, was agreed to.

Upon the passage of the resolution the ayes and nays were ordered and the Yote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Fletcher, H. M. Gillis, N. L.

Goolsby, B. F. Harrison, W. T. Holden, Jno. F. Lawrence, A. A. Mangham, J. J. ~:linter, C. C. Moon, E. T. :\fcFarland, J. R. McLaughlin, B. F. Paulk, M. J.

Pickett, D. C. Smith, E. M. Thomas, J. R. Tison, Mark Tracy, C. C. Turner, T. R. Ward, C. A. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Akin, L. R. Carlton, J. A. Eakes, W. J. Fagan, T. V. Haralson, Pat

Harbin, T. W. McCrory, C. R. Paulk, Geo. A. Peacock, Z. V. Pickett, Roscoe

Ransom, W. M. Stovall, A. S. J. Trammell, J. R. Walker, J. D.

Ayes 29, nays 0.

FRIDAY, AUGUST 11, 1916.

873

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

By }fr. Reiser of Effingham-
A resolution to appropriate $60 to pay expenses of last illness of J. W. Morrell.

The report of the committee, which was favorable to the passage of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.-

Adams, J. 0.

Gillis, N. L.

Paulk, 11:. J.

_JI

Bailey, L. S.

Goolsby, B. F.

Pickett, D. C.

Bonner, T. B.

Harrison, W. T.

Tison, Mark

Boykin, H. A.

Lawrence, A. A.

Tracy, C. C.

Buchanan, W. A.

Mangham, J. J.

Turner, T. R.

Burnside, J. B.

Minter, C. C.

Ward, C. A.

Callahan, J. W.

)loon, E. T.

Way, J. B.

Dobbs, E. P.

l\1c~'arland, J. R.

Wren, W. J.

Fleteher, H. M.

McLaughlin, B. F.

Those not voting were Messrs.-

Akin, L. R. Carlton, J. A. Eakes", W. J. Fagan, T.V. Haralson, Pat Harbin, T. W.

Holden, Jno. F. 1\fcCrory, C. R. Paulk, Geo. A. Peacock, Z. V. Fi<'kett, Roscoe Ransom, W. M.

Smith, E. M. Stovall, A. S. J. Thomas, J. R. Trammell, J. R. Walker, J. D.

Ayes 26, nays 0.

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

B~- :Nir. Beck of Carroll-
A resolution to pay pension of Mrs. W. C. Hamil.

874

JouRNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the resolution, was agreed to.

Upon the passage of the resolution the ayes and nays were ordered, and the v9te was as follows, to wit.:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J: B. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Fleteher, H. M. Gillis, N. L.

Goolsby, B. F. Harrison, W. T. Holden, .Jno. F. Lawrence, A. A. Mangham, J. J. Minter, C. C. :\foon, E. T. McFarland, J. R. McLaughlin, B. F. Paulk, M. J. Pickett, D. C.

Smith, E. M:. Stovall, A. S. J. Thomas, J. R. Tison, Mark Tracy, C. C. Trammell, J. R. Turner, T. R. Ward, C. A. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Akin, L. R. Carlton, J. A. Eakes-, W. J. Haralson, Pat

Harbin, T. W. McCrory, C. R. Paulk, Geo. A. Peacock, Z. V.

Pickett, Roscoe Ransom, W. M. Walker, J. D.

Ayes 32, nays 0.

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

By ~fessrs. Smith and Steele of DeKalbA resolution to pay the pension of Mrs. Lidia A.
Reagin.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
Upon the passage of the resolution the ayes and nays were ordered, and the vote was as follows :

FRIDAY, AuGuST 11, 1916.

875

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, 'W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Fletcher, H. M. Gillis, N. L.

Goolsby, B. F. Harrison, W. T. Holden, .Jno. F. Lawrence, A. A. Mangham, J. J. Minter, C. C.
:.\foon, E. r.
.McFarland, J. R. :.\fcLaughlin, B. F. Paulk, M. J'. Pickett, D. C.

Smith, E. M.

Stovall, A. S. J.

Thomas, J'. R.

Tison, Mark

Tracy, C. C.

Trammell, J. R.

Turner, T. R.

Ward, C. A.

Way, J. B.

Wren, W. J.

'*-

Those not voting were Messrs.-

Akin, L. R. Carlton, J. A. Eakes, W. J. Haralson, Pat

Harbin, T. W. McCrory, C. R. Paulk, Geo. A. Peacock, Z. V.

Pickett, Roscoe Ransom, W. M. Walker, J. D.

Ayes 32, nays 0.

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

By Messrs. Morris and Dorsey of CobbA resolution to pay pension of Mrs. Sarah A.
'Yilson, widow of a Confederate soldier.

The report of the committee, which was favorable to the passage of the resolution, was agreed to.

'Cpon the passage of the resolution the ayes and nays "ere ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J'. B.

Callahan, J. W. Dobbs, E. P. Fagan, T.V. Fletcher, H. M. <Tillis, N. L. Goolsby, B. F.

Harrison, W. T. Holden, ,Jno. F. Lawrence, A. A. Mangham, J. J. :M:inter, C. C. :\loon, E. T.

876

JouRNAL oF THE SENATE,

McFarland, J. R. McLaughlin, B. F. Paulk, M. J. Pickett, D. C. Smith, E. H.

Stovall, A. S. J. Thomas, J. R. Tison, Mark Tracy, C. C. Trammell, J. R.

Turner, T. R. Ward, C. A. Walker, J. D. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Akin, L. R. Carlton, J. A. Eakeg, W. J. Haralson, Pat

Harbin, T. W. McCrory, fJ. R. Paulk, Geo. A.

Peacock, Z. V. Pickett, Roscoe Ransom, W. M.

Ayes 33, nays 0.

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

By -:\Ir. Morris of CobbA resolution to pay pension of $60. to }.!Irs. L.
E. York of Cobb County.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. B. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Fletcher, H. M. Gillis, N. L.

Goolsby, B. F. Harrison, W. T. Holden, Jno. F.
LaWTence, A. A. :Mangham, J. J. :\linter, C. C. :\Ioon, E. T. McFarland, J. R. McLaughlill, B. F. Paulk, M. J. ~~:~1:J'J~1I~.1i--a'- /

Pickett, D. C. Sln.i.th, E. M. Stovall, A. S. J. Thomas, J. R. Tison, Mark Tracy, C. C. Trammell, J. R. Turner, T. R. Way, J. B. Wren, W. J.

FRIDAY, AUGUST 11, 1916.

877

Those not voting were Messrs.-

Akin, L. R. Carlton, J. A. Eakes, W. J. Haralson, Pat

Harbin, T. W. McCrory, C. R. Paulk, Geo. A. Peacock, Z. V.

Pickett, Roscoe Ransom, W. M. Ward, C. A. Walker, J. D.

Ayes 31, nays 0.

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

By Mr. Lunsford of LeeA resolution to pay the pension of Mrs. L. M. Ty-
son.

The report of the committee, which was favorable to the passage of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Fletcher, H. M. Gillis, N. L.

Goolsby, B. F. Harrison, W. T. Holden, Jno. F. Lawrence, A. A. J\fangham, J. J. ~linter, C. C. :\foon, E. T. McFarland, J. R. l\lcLaughlin, B. F. Paulk, :M. J.

Pickett, D. C. Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, Mark 1 racy, C. C. Trammell, J. R. Turner, T. R. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Akin, L. R. Carlton, J. A. Eakes, W. J. Haralson, Pat

Harbin, T. '\V. l'lfeCrory, C. R. Paulk, Geo. A. Peacock, Z. V.

Pickett, Roscoe Ransom, W. M. Ward, C. A. Walker, J. D.

Ayes 31, nays 0.

878

JOURNAL OF THE SENATE,

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

By ~Ir. Clarke of ~fclntoshA resolution providing for the payment to ~Irs.
\\~. E. Stebbins the widow of Charles Stebbins, his pemion for the year 1913'.
The report of the committee, \Vhich was favorable to the passage of the resolution, was agreed to.
Upon the passage of the resolution the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were ::\Iessrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Fletcher, H. M.

Gillis, N. L. Goolsby, B. F. Harrison, W. T. Holden, .Tno. F. Lawrence, A. A. ~J:mgbarn, J. J. :Minter, C. C. :Yfoon, E. T. :McFarland, J. R. :McLaughlin, B. F.

Paulk, :\I. J. Pickett, D. C. Smith, E. M. Stomll, A. S. J. Thomas, J. R. Tison, :\!ark
Trary, C'. C. Trammell, J. R. Turner, T. R.

'l,hose not voting were ~fessrs.-

Akin, L. R. Carlton, J. A. F.ake~, W. J. Haralson, Pat Harbin, T. W.

McCrory, C. R. Paulk, Geo. A. Peacock, Z. V. Pickett, Roscoe R-ansom, W. M.

Ward, C.A.. Walker. J. D. Wa~, J. B. Virren, W. J.

.A~7es 29, nays 0.

Thr resolution, having recehe(1 tlH' rrquisite constitutional majority, was passed.

By ::\fpssrs. Yeomans of Terr<>ll and Arnold of (']arke-
A hill to appropriate to the Trustees of the l'ni-

FRIDAY, AuGuST 11, 1916.

879

versity of Georgia for the use of the State Normal School at Athens, the sum of $100,000.
Mr. \Valker offered the following amendment, which was adopted, to wit.:
Add the words after ''Jan. 1, 1918,'' on page 2, 22d line: "Provided, all appropriations made last November for maintenance appropriations for 1916 and especially the public school fund and penswns shall have been first paid.''
The report of the committee, which was favorable to the passage of the bill as amended was agreed to.
"Gpon the passage of the bill the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Buchanan, W. A. Burnside, J. B. Dobbs, E. P. Gillis, N. L. Haralson, Pat

Harrison, vV. T.
Holden, Jno. F. Lawrence, A. A. :\linter, C. C. Paulk, Jill. J. Pickett, D. C. Smith, E. M. Sto,all, A. S. J.

Tison, i.VIark Tracy, C. C. Trammell, J. R. 1 urner, T. R. Ward, C. A. Walker, J. D. Wren, W. J.

Those voting in the negative were Messrs.-

Boykin, H. A. Fletcher, H. M. Goolsby, B. F.

:\Iangham, J. J. ~fonn. E. T. ~leFarland, J. R.

~IcLaughlin, B. F. Thomas, J. R.

Those not voting were Messrs.-

Akin, L. R.
Callahan, J. W. Carlton, J. A. Eak('s", W. J.

Fagan, T. V. Harbin, T. \V. McCrory. C. R. P:aulk, Geo. A.

Peacock, Z. V. Pickett, Roscoe Ransom, W. J\'L Way, J. B.

Ayes 23, nays 8.

880

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed, as amended.

By ~fr. Griffin of LowndesA bill to appropriate $50,000.00 for the building of
a dormitory upon the campus of the South Georgia State Normal College at Valdosta.

The following amendments were read and adopted:

The committee amends by adding after the last word "purpose" in last line of Section 3 the follow. ing words, viz. : ''provided, nevertheless, that thirty thousand dollars of the appropriation shall become available on January 1, 1917, and the remaining twenty thousand dollars shall become available as needed thereafter.

By l\Ir. \Yalker, "that the amount appropriated under this bill be not available until every appropriati0n made by the Legislature last Kovemher for maintenance purposes for 1916, and especially public school fund and pensions have been fully paid."

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were l\Iessrs.-

Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B.

Dobbs, E. P. Gillis. K. L. Haralson, Pat Harrison, W. T. Holden, Jno. 1~.

Lawrence, A. A. :\linter, C. C. Pickett, D. C. Stovall, A. S. J. Thomas, J. R.

FRIDAY, AUGUST 11, 1916.

881

Tison, Mark Tracy, C. C. Trammell, J. R.

Turner, T. R. Ward, C. A. Walker, J. D.

Wren, W. J. Mr. President.

Those voting in the negative were Messrs.-

Fletcher, H. M. Goolsby, B. F.

~iangham, J. J. ~ioon, E. T.

McLaughlin, B. F.

Those not voting were Messrs.-

Adams, J. 0. Akin, L. R. Callahan, J. W. Carlton, .J. A. Eakes, W. J. Fagan, T.V.

Harbin, T. W. McCrory, C. R. :McFarland, J. R. Paulk, Geo. A. Paulk, M. J.

Peacock, Z. V. Pickett, Roscoe Ransom, W. M. Smith, E. M. Way, J. B.

_,_-\yes 23, nays 5.

The bill, having received the requisite constitutional majority, was passed as amended.

The following Senate bills were taken up for a third reading, to be put upon their passage, to wit.:

By }fr. Dobbs:\ bill to create a State Board of Electrical Exam-
1ners.

}Ir. Dobbs offered a substitute to the above bill, which was adopted.

Upon the passage of the bill by substitute, as amended, the ayes and nays were ordered and the vote was as follows, to wit.:

Those voting in the affirmative were Messrs.-

Bailey, L. S.
Boykin, H. A.
Buchanan, vv. A.
Dobbs, E. P. Gillis, N. L.

Goolsby, B. F. Haralson, Pat Harrison, W. T. Hnlden, Jno. F. La"rence, A. A.

Minter, C. C. :\foon, E. T. :\1cFarland, J. R. McLaughlin, B. F. Paulk, M. J.

882

JouRNAL oF THE SENATE,

Stovall, A. S. J. 'rison, Mark Tra~y, C. C.

Trammell, J. R. Turner, T. R. Ward, c;, A.

Walker, J. D. Way, J. B. Wren, W. J.

Those voting in the negative were Messrs.-
Fickett, D. C.

Those not voting were Messrs.-

Adams, J. 0. Akin, L. R. Bonner, T. B. Burnside, J. B. Callahan, J. W. Carlton, J. A.

Eakes, W. J. Fagan, T.V. Fletcher, H. M. Harbin, T. W. JIJ:mgham, J. J. McCrory, C. R.

l'aulk, Geo. A. Peacock, Z. V. Pickett, Roscoe Ransom, W. M. Smith, E. M. Thomas. J. R.

Ayes :23, nays 1.

The bill, having received the reqms1te constitutional majority, was passed by substitute.

SuBSTITUTE FOR SENATE BILL No. 308, As AMENDED. Passed Senate kugust 11th, 1916.

A BILL
To be entitled an Act to create a State Board of Electrical Examiners; to prescribe their duties, powers and compensation; to require all persons, firms or corporations who shall install wiring, apparatus or appliances for electric light, heat or power purposes within buildings in the State of Georgia to obtain a license from such board; to provide penalties for installing wires, apparatus or appliances for electric light, heat or power purposes within buildings in the State of Georgia without a license from said board; and for other purposes.

FRIDAY, AuGusT 11, 1916.

883

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That there shall be and there is hereby established and created a board to be styled the State Board of Electrical Examiners, which will hereafter be referred to as the board, which shall be composed of three members who shall be appointed by the Governor, of whom, at the time of their appointment, one shall be a master electrician and one shall be a representative of some electrical inspection department of a city or town, and one shall be an electrical engineer, who shall be a citizen of the State of Georgia, who has had at least ten years experience in the installation of wires, apparatus and appliances for carrying and utilizing currents of electricity for light, heat and po-wer within huildings. Said members of said board shal1 be appointed by the Governor within thirty days after the passage of this Act, for terms of one, byo and three ~Tears, respectively, and all vacancies on said board, however caused, shall be filled by the Governor for the remainder of the unexpired term, and each member of said board shall hold office until his successor is appointed and qualified. All appointments of members of said board, except to fill unexpired terms, shall be for terms of three years, and the member appointed shall have the special qualifications as required for the original appointee whom he shal1 replace in said office, and, if any member of said board shall, during his term of office, cease to hold the official position requisite for his appointment to the board, his membership upon said board shall there-

884

JouRNAL OF THE SENATE,

upon terminate and the unexpired portion of his term shall be filled by the Governor by the appointment of a person having like qualifications with relation to this Act of the original appointee whom he replaces in office.
SEc. 2. Be it further enacted, That immediately and before entering upon the duties of said office, members of said board shall take the usual form of oath required of officers of said State as a qualification to enter upon the duties of their office, and shall file the same in the office of the Governor of the State who, upon receiving said oath of office, shall issue to each member of said board taking said oath a certificate of appointment.
SEc. 3. Be it further enacted, That each member of said board shall receive a compensation not to exceed $5.00 per day for every day of actual service in the performance of his duties as a member of said board, and members of said board shall receive their actual traveling expenses and necessary contingent expenses actually incurred in attending to the business of the board, including such reasonable expenses for clerical and other purposes consistent with the provisions of this Act, as may be apprond b~, the Governor, said compensation and expenses to be paid out of the fees collected by said board as in this Act provided.
SEo. 4. Be it further enacted, That said board shall immediately, within fifteen days after their appointment at some time and place to be fixed by the chairman. proceed to organize and make all

FRIDAY, AuGUST 11, 1916.

885

necessary provisions for the carrying into effect of the provisions of this Act. That said board shall have the power to adopt all reasonable rules and regulations for the carrying out of the purposes of this Act, provided the same are not inconsistent with the Constitution or laws of the United States, of this State, or with the terms of this Act. Said board shall adopt a seal to be used to authenticate all its official papers and acts. Said board shall elect one of its members secretary and treasurer of the board, to hold office during the pleasure of the board. Said board shall have the power to subpama witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction.
SEc. 5. Be it further enacted, That said board shall, as soon as possible after its organization, prepare examinations which shall be of uniform requirements for like work for all cities and towns and other portions of said State, which may be revised or changed from time to time as changing conditions may make necessary. That every person, firm or corporation desiring to engage or to continue to be engaged in the business of installing wires, apparatus or appliances for the purpose of carrying or utilizing currents of electricity for heating, lighting or power purposes, in any building in this State, shall make application to said board for a license to carry on said business, and shall appear before said board, at some time and place to be appointed by said board, of which time and place the applicant shall be given reasonable notice in writing by said

886

JOURNAL OF THE SENATE,

board, and shall be examined by said board as to his skill and practical knowledge of the business of installing wires and other appliances for the purpose of carrying and utilizing a current of electricity for light, heat or power purposes within buildings. In case such license is applied for by a :firm or corporation, the person applying for such license on behalf of such :firm or corporation shall be a bona fide member or employee thereof actually in charge of the installation of wires, apparatus and appliances for the transmission or utilization of currents of electricity within buildings. No person, firm or corporation, after the first day of November, 1916, shall engage in the business of installing wires, apparatus or appliances for the .purpose of carrying or utilizing a current of electricity for light, heat or power purposes within buildings in this State unless he shall have attained the age of twenty-one years, and shall have presented to said board satisfactorr evidence of having worked as an assistant to a licensed master electrician at the actual work of construction or installation of wires, apparatus or appliances for carrying or utilizing electric current for the period as the board may, by by-law~;;, require and shall have appeared before the board, as provided in this Act at some time and place designated by the board and shall have been examined by said board as to his skill and knowledge of installing wires, apparatus or appliances for the purpose of carrying or utilizing a current of electricity for light, heat or power purposes within buildings, and shall have received from said board a license; provided,

FRIDAY, AUGUST 11, 1916.

. 887

however, that any person actually engaged at the time of the passage of this Act in the business of electrical construction or installation as a master electrician, supervising the installation of electric wiring for utilizing a current of electricity in buildings in this State for light, heat or power purposes, and who shall haYe had five years' experience as such, shall be granted a certificate of registration or license .without examination. Provided, further, that when a license has been issued to a person, firm or corporation engaged in installing wires in buildings for the transmission of electric current as aforesaid, the person or the member of the firm or corporation to which said license is issued shall actually superintend the installation of such wires and, when the same are installed under his supervision, the employees of such person, firm or corporation shall not be required to have a license.
SEc. 6. Be it further enacted, That every person applying to said board for a license shall at the time of such application, pay a fee of twenty-five dollars, which shall be returned to the person applying for such license provided the application for such license is refused by said board. Said board shall issue a certificate of registration or license to those successfully passing such examination, specifying the name of the person, firm or corporation passing the examination required by this law authorizing such person, firm or corporation to install and engage in the business of installing wires, apparatus and appliances for the purpose of carrying or utilizing currents of electricity for light, heat or power

888

JouRNAL OF THE SENATE,

purposes within buildings in this State. Said certificates or license shall not be assignable or transferable and shall not be issued to any person under the age of twenty-one years. All certificates of registration and license shall expire yearly, but shall be renewed upon payment of the fee of twenty-five dollars and application made to the aforesaid board during the month previous to the above date of the expiration of the license sought to be renewed. A copy of such certificate shall be kept on file at the office of said board and shall be recorded in a book to be kept for that purpose, which shall be at all times accessible to the public. A journeyman electrician may be granted a special permit without additional charges to perform maintenance work for a person, firm or corporation on his own premises without working under authority of a master certificate. Said special permit shall specify the name of the person, firm or corporation by whom the holder of the special license is to be employed. An electrician attached to theatrical companies may install such electrical wires and appliances as may be necessary for the purpose of any engagement within a theatre without a license; provided, however, that said wires and appliances shall be installed under the authority and supervision of journeyman electrician holding special permit.
SEc. 7. Be it further enacted, That the aforesaid board shall have the power to revoke or suspend for sufficient cause, to be judged of by said board after a hearing of a]] parties at interest, the license of any person to whom a license has been granted

FRIDAY, AuausT 11, 1916.

889

for a period not exceeding the balance of the current licensed year. If demanded, an appeal from the decision of the board refusing a certificate of registration or license or revoking a certificate of registration or a license already granted may be taken to a board of three arbitrators having like qualities as required for membership in the board, of whom one shall be selected by the board, one by the party appealing, and these two shall select a third. They shall review the case, hearing new evidence, if any, and render their decision either sustaining or overruling the opinion of the board refusing or revoking such certificate of registration or license and the decision of said board of arbitration shall be final.
SEc. 8. Be it further enacted, That any and all persons granted a certificate of registration or a license under thiS' Act shall keep the same displayed in a conspicuous place in the office of the holder of such certificate of license, and shall be furnished with the evidence of his possession of the same in card form to be carried upon the person and exhibited by request.
SEc. 9. Be it further enacted, That the examinations by said board, as provided in this Act, may be given by the board in person or, whenever more convenient, by authorized representatives of the board temporarily appointed by the board for the purpose, who shall conduct said examination as conducted by the board and return all papers to the board for their examination, and said board shall have the authority to give any examination, either oral or in writing, as they deem best.

890

Jot:RNAL OF THE SENATE,

SEc. 10. Be it further enacted, That all fees collected under the lHo,i,-ions of this Act shall be paid into the Treasury of the State after all salaries and expenses as aboye mentioned shall have been paid. Said Board shall, annually, on the first day of Jannary of each year, report to the Governor a full statement of the receipts ancl disbursements of the board for the preceding year, and pay into the State Treasury all the moneys on hand in excess of fiYe hundred dollars, said sum of five hundred dollars or whatever less sum may be on hand, to be retained by said board as a working balance to be used as provided for the use of said board by this Act.
SEc. 11. Be it further enacted, That it shall be unla"ful for any person, firm or corporation to install or to engage or to continue to engage in the business of installing wires, apparatus or appliances for the purpose of carrying or utilizing a current of electricity for light, heat or power purposes within any building, or buildings, in this State, after the first day of November, 1916, unless such person, firm or corporation shall have first obtained a certificate of registration or license, as provided in this Act; provided, hmYPYer, that nothing in this law shall be construecl in any way to affect municipal electric plants or companies incorporated for the transmission of electricity for light, heat or power purposes, electric street railways or railroads, according to the proYisions of their charters.
SEc. 12. Be it further enacted, That any person, firm or corporation or any representatiYe member

FRIDAY, AUG1JST 11, 1916.

891

or officer of any person, firm or corporation engaged in, or continuing to engage in the work defined in this Act after the first clay of ~ovember, 1916, without having complied with all the provisions thereof, shall be guilty of a misdemeanor and shaH be punished accordingly. Provided the provisions of this Act shall only apply to the installation of wires for conveying currents of electricity for light, heat and power purposes in cities and towns of this State l1aving three thousand or more inhabitants.
SEc. 13. Be it further enacted, That all laws or parts of laws in conflict with this Act shall be, and the same are hereby repealed.

By }fessrs. \Vay and AkinA bill to amend Section 3636 of the Code of Geor-
gia adopted August 15, 1910.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 24, nays 0.
The bill, haYing received the requisite constitutional majority, was passed.

By -:\fr. PersonsA bill to make it a crime to steal gas.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
rpon the passage of the bill the bill the ayes were 24, nays 0.

892

JouRNAL OF THE SENATE,

The bil1, having- received the requisite constih tional majority, was passed.
Upon motion of Mr. Lawrence the Senate voted t hold a session tomorrow and the following- was tl1 order of business fixed for the session:
House bills, first and second reading-.
House local bills for passag-e.
Senate bills, second reading-.
Senate local bills for passag-e.
Upon motion of Mr. Harrison, the Senate ac journed until tomorrow morning at 9 o'clock.

SATURDAY, AuGUST 12, 1916.

893'

SENATE CHAMBER, ATLANTA, GA.
Saturday, August 12, 1916.
The Senate met pursuant to adjournment at 9 o'clock A. M., and was called to order by the Presi~ dent.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dis~ pensed with.
By unanimous consent the reading of the Journal of yesterday's session was dispensed with.
Mr. Moon of the 37th District, Acting Chairman of the Committee on Engrossing, submitted the fol~ lowing report :
Mr. President: Your Committee on Engrossing has examined and
fO'und properly engrossed and ready for transmis~ sion to the House the following bills, to~wit.:
A bill to amend the charter of the city of Blakely.
A bill to abolish the City Court of Blakely. A bill to fix the salary of the Treasurer of Frank~ lin County.
A bill to make it a crime to steal gas.
A bill to fix the salary of the Treasurer of Upson County.
A bill to amend Section 3636 of the Code of 1910.

894

JouRNAL OF THE SENATE,

A bill to incorporate the city of Helena.
A bill to create the City Court of .Morgan. Respectfully submitted,
E. T. MooN, Acting Chairman. '
The following Senate bill was read the second time and recommitted to the Corporations Committee, to-wit.:

By Mr. McLaughlinA bill to repeal an Act to incorporate the town of
Stonewall.
The following Senate bill was taken up for a third reading to be put upon its passage, to-wit.:

By Mr. HarrisonA bill to fix the salary of the Treasurer of Upson
County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following House bills were read the second time and recommitted to Corporations Committee, to-wit.:
By Mr. Harris of WalkerA bill to amend the charter of the city of LaFay-
ette.

SATURDAY, AuGUST 12, 1916.

895

By Mr. Carter of BaconA bill to incorporate Rockingham School District.

By Mr. Cravey of DodgeA bill to repeal the charter of the town of Leon.

By Mr. BurrussA bill to authorize the city of Madison to extend
water mains and sewers and to igsue bonds to pay for same.
By }Iessrs. ~Iyrick, Shuptrine and JacksonA biH to create the Recreation Commission for the
city of Savannah.

By Messrs. Blackburn, Andrews and AtkinsonA bili to amend the charter of the city of Atlanta.
Mr. Adams of the 33rd District, Chairman of the Committee on Special Judiciary, submitted the following report :
Mr. President: Your Committee on Special Judiciary has had
under consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend an Act amending the charter of Swainsboro.
A biH to prescribe the manner of holding primary elections in Baker County.
Respectfully submitted, J. 0. ADAMS, Chairman.

896

JouRNAL OF THE SENATE,

Mr. Moon of the 37th District, Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President:
Your Committee on General Judiciary has 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 pass, to-wit.:

A bill to amend Section 647 of the Civil Code of

1910, providing what persons are subject to road

duty.

Respectfully submitted,

E. T. MooN, Chairman.

Mr. Goolsby of the 28th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President: Your Committee on Counties and County Matters
has had under consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:

A bill to authorize the ordinary, clerk of superior court and sheriff of Bryan County to keep their offices and records at the county site.

A bill to authorize the ordinary of Bryan County to name a county depository.

A bill to abolish the office of County Treasurer of Bryan County.
B. E. GooLSBY, Chairman.

SATURDAY, Al:GUST 12, 1916.

89?

.J.Ir. .J.Ioon of the 37th District, Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President: Your Committee on General Judiciary has had
under consideration the following bill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass as amended, to-wit.:
A bill to amend an Act approved August 16, 1915, creating juvenile courts in eertain counties.
Respectfully submitted, E. T. ~fooN, Chairman.
}fr. Paulk of the 6th District, Chairman of the Committee on Rtate Sanitarium, submitted the following report:

Jlr. President: Your Committee on State Sanitarium has had un-
der f'on.sideration the following bill of the House and instructed me as their chairman to report same hack to the Renate with the recommendation that same do pass:
House Bill 316. A bill to prevent trespassing on property of Georgia State Sanitarium at :M:idway near :\filleilp;eville, Baldwin County, and for other purpOSPR.
Respectfully submitted, G. A. PAULK, Chairman.
Mr. Turner, chairman of the joint committee to

898

JouRNAL oF THE SENATE,

consider the report of the special auditor, submitted the following report:

REPORT oF J OIXT CoMMITTEE TO CoNSIDER THE REPORT
m' CHAS. ,J. 1\fETZ, SPECIAL STATE AuDITOR.
To the General Assembly:
The Joint Committee, composed of three from the Benate and five from the House, created by House Resolution No. 156, and passed in the Senate July 3, 1916, and a supplementary resolution thereto, to consider the report of Auditor :Metz and his recommendations and report its findings thereon, respectfu1ly submits the following:
1st. We have carefu1ly digested the report of the auditor. The report criticised some of the departments of the State in their manner of operating. It clearly shows the imperative need of more modern system, and carries wise sug-gestions looking to that end.
2d. The committee issued an invitation to heads of departments who wished to be heard on the criticisms of the auditor. Most officials who were heard practica1ly ag-reed with the auditor as to the correctness of the report, but some disagreed with him in many of his recommendations. Our findings are based upon the report and the stenographic notes containing the answers of the officials-said notes being on file in the office of the Governor and subject to your inspection.
3d. The report disclosed discrepancies in some of the departments, but the State was properly reim-

SAT"GRDAY, AuGUST 12, 1916.

899

bursed immediately when the discrepancies were brought to the attention of the departments by the auditor, and we believe such conditions were brought about by lack of system, for which the State is as much to blame as the officials; the :Metz audit being the first general audit the State has had made of its affairs for many years, and Georgia is to be congratulated upon the personnel and honesty of its officials.
4th. \Ve concur especially in the following recommendations:

(A) The paramount need of a State Board of Control and State Purchasing Agent, it having been shown ip other States how valuable these have proven.
(B) The Budget System for appropriations instead of the lump sum appropriations as at present, so that the State will investigate the manner of spending the State's money before it i!'; spent instead of after it is spent.
(C) Requiring all State officials handling fitate funds to be bonded in a surety companythe State to pay the premiums on said bonds.
(D) Separation of the offices of ComptrollerGeneral and Insurance Commissioner, making the salary of both officials adequate-to the end that the important office of Comptroller will not he handicapped by additional duties of another office. The same recommendation applies to the offices of State Treasurer and Bank Examiner.
(B) That automobile tag receipts be covered into the Treasury as received and not at the end

900

JorRKAL OF THE SENATE,

of the year, as the present law directs, in ac-

cordance with the request and suggestion of

Secretary of State Cook.

CF') No Treasurer of any State Institution

should be paid a salary. The auditor's report

shows that the Treasurers of the following char-

ity and corrective institutions, viz. :

Georgia School for Blind at ::\lacon, Georgia School for Deaf at Cave ~pring,

Korth Georgia Agricultural l'olleg<.' at Dah-

lonega,

are each paid a salary.

vVe have been informed that some treasurers

of Agricultural Schools are now being paid a

salary.

.

The State Sanitarium, which handles more

State funds than any State institution, pays no

salary to its Treasurer.

(G) :Members of the Board of Entomology

should be appointed by the Governor, subject

to confirmation of Senate, and be paid a per

diem and traveling expenses, instead of as pr<:>s-

ent, serving as ex-officio members.

(H) The valuable records in Secretary of

State's office should be protected ancl presene<l,

which can be done at a cost of $5,000 and would

be worth to the State thousands of dollars. Sec-

retary Cook says that if these old records were

destroyed by fire or theft, the loss to the State

would be irreparable. Secretary Cook has

called the attention of the Legislature to this

need many times.

SATURDAY, AUGUST 12, 1916.

901

(I) That all State funds should be covered into the Treasury and all warrants should be drawn on the Treasurer-only as the appropriate funds are actually needed, thus combining two advantages; i. e., more funds in the Treasury upon which interest could be secured-and making the disbursal of State funds more uniform and business-like.
(J) Give the Comptroller-General authority to investigate county settlements with the State and secure the State's part wherever a county is disposed to withhold same. The ComptrollerGeneral should likewise have authority to appoint agents to investigate special business and license taxes.
(K) Xo funds belonging to Georgia should be kept in the name of the individual, but only as the official representing the State.
(L) Need of State Pension Commissioner being authorized to investigate and eliminate fraud or spurious claims.
(M) Need of the District Agricultural Schools being more closely related to the State University or State school system, so that some State official will have the right to investigate and report on the management, in order that better methods may result.
Eight of the schools are now in debt $33,328.84.
(X) The State Lihrarian 's recommendations should be complied with, relative to taking proper care of printed hooks and reducing the size

~02

JoliRXAL OF THE SE~ATE,

and cost to the State-as has been recommended year after year. These books represent a value to the State of $150,000.00.
( 0) That interest on cash balances be hereafter obtained by the State University, School of Technology, State Normal School, Georgia Normal & Industrial College, State Agricultural College, State Medical College, Prison Commission, Agricultural Department, ancl any other State institution not at present getting interest on balances from depositories, and be covered into the State Treasury as State funds or else not have funds withdrawn from the Treasury until they are actually needed as already suggested in a preceding paragraph.
(P) Whenever property of the State College of Agriculture, Prison Commission, or any other State institution supported by the State, is disposed of, the proceeds should be immediately covered into the Treasury as State funds; as, otherwise, the appropriations made by the Legislature is increased thereby and not according to law.
(Q) That oil inspectors be required to settle with the State promptly as the law requires.
(R) That no funds or property of the United States entrusted to the Military Department be used to defray current expenses-for by so doing the State is made liable and in effect it is an increase in the military appropriation, without legislative or executive approval.

SATURDAY, AUGUST 12, 1916.

903

(S) That unused fertilizer tags of 1915 be used for 1917, thus saving considerable to the State.

ln view of the importance of the foregoing recommendations, which, if adopted, will mean a vast annual saving to the taxpayers of Georgia-and the impracticability of any legislative committee accomplishing any reforms at this session of a constructive character, and in view further of the auditor's comments, particularly:
''As these schools are handled at present, no proper audit of them can be made."
''And were told they had been destroyed by rats.''
''The State does not receive what revenue it should.''
''In many instances the State is not getting a fair return for salaries paid.''
''The State gets only 2 per cent. interest from depositories, which is lower than in many States."
"There are several counties in the State which make no remittance to the State for insolvent taxet; collected. ''
''A special insurance inspector should from time to time see that all companies are paying the tax and fees required by law."
''Expense for travel was allowed at full ticket rates.''
''The books and accounts are cumbersome and should be modernized.''
"Attention js called to the expense for salaries

D04

.JouRNAL oF THE SEKATE,

and wages of this institution, which amounts to fully half of the appropriation.''
''It was impossible for us to make up a statement of the farm and dairy, as the books had not been
properly kept.'' ''There is no check on the storekeeper.'' ''Because of the large expenditure for farm sup-
plies, proper records should be kept.'' "There is at present no check on the value of com-
missary supplies.'' '' $177 that was stolen from the pocket of the sup-
erintendent on the streets, which the trustees allowed same to be charged to the State."
And similar references indicating that the "\\ork of s~stematizing the State's affairs has only begun:
\VE REcOMMEND, That the sum of $5,000 be appropriated hy the present Legislature for the use of the GoYernor, to secure the serYices of an experienced Certified Public Accountant to make an audit of 1916 operations, if deemed necessary, together with a study of the best system of other States and map out speC'ifically the methods and practiC'es which, in his opinion, should he adopted b:v the State of Georgia, to put it on a par in business and accounting transactions, with the best governed States of the rnion, and that said report be submitted to the next Legislature including such new laws as would be required and the repeal of and changes in the present laws wherever necessary.
\VE YFRTITER RECOMMEND, Following the special audit and the husiness systems provided for in the

SATURDAY, AuGusT 12, 1916.

~)05

foregoing resolution, that either a State auditing department be created by the next Legislature, or the Governor of the State be authorized to employ an independent auditor to mnke a biennial audit of the books and accounts of all State departments and State officials.
Respectfully submitted, T. R. TuRNER, Chairman; .TNo. D. \VALKER,
L. R. AKIN.

'fhe following joint resolution was read and adopted. to-wit.:

B~- l\fr. \\Talker-

A RESOLUTION.
vVHEREAS, It is a well known fact that the price of gasoline is higher in Atlanta and some other Georgia cities than it is in Chattanooga and cities outside of this State, and
WHEREAs, It is reported that a firm in this city which reduced the price the past week has been notified by those c~mtrolling the output of gasoline that no more gasoline wilJ be furnished them unless tl1ey will agree to maintain the fixed price, and
WHEREAS, This action is clearly contrar~- to the principle of fair dealing and should be investigated:
RESOLVED, By the Senate, the House concurring, That the Federal Trade Commission be called upon to look into this matter and take the necessary steps

906

JolJR~AL OF THE SENATE,

to give the users of gasoline in Georgia justiee, which is their right.
REsoLvED, That a copy of this resolution be immediately sent to Hon. \V. J. Harris, a member of the Federal Trade Commission.
The following House bills were read the second time, to-wit.:

By Mr. Edwards of BryanA bill to authorize the Ordinary of Bryan County
to name a county depository.

By Mr. Kidd of BakerA bill to prescribe the manner of holding primary
elections in Baker County.

By Mr. Ennis of Baldwin-
A bill to prevent trespass on the property of the
4
Georgia State Sanitarium.

By Mr. EdwardsA bill to abolish the office of County Treasurer of
Bryan County.

By Mr. Edwards-
A bill to authorize the Ordinary, Clerk of Superior Court and Sheriff of Bryan County to keep their records at the 'county site of said county.

By Mr. Brown of EmanuelA bill to amend the charter of the city of Swains-
boro.

SATURDAY, ArGUST 12, 1916.

907

The following Senate resolution was taken up for a third reading to be put upon its passage, to-wit.:

By Mr. HarrisonA resolution providing that the State Board of
Education is hereby designated to receive and administer funds received under the Smith-Hughes bill now pending in Congress.
The report of the committee, which was favorable to the pasS"age of the resolution, was agreed to.
Upon the passage of the resolution the ayes were 30 and nays 0.
The resolution, having received the requisite constitutional majority, was passed.
The following House bills were taken up for a third reading to be put upon their passage, to-wit.:

By Mr. Taylor of \VashingtonA bill to create a new charter for the town of
Davisboro.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Cravey of DodgeA bill to incorporate the town of Chester, in the
county of Dodge.

!108

.JorRXAL OJ< THE SE""ATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By ~1r. Pickeren of CharltonA bill to require the Board of Commissioners of
Roads and Revenues of Charlton County to pay certain moneys to the mayor and council of St. George.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Messrs. 'Wheatley and Sheppard of SumterA resolution for the relief of Agnes Clyde and J.
C. Carter from penalty of a forfeited recognizance.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
Upon the passage of the resolution the ayes were 30 and nays 0.
The resolution, having received the requisite constitutional majority, was passed.

~:-L~TL'RDAY, AFGUST 12, 1916.

909

By Mr. westbrook of FranklinA bill to fix the salary of the Treasurer of Frank-
lin County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
The hill, having received the requisite constitutional majority, was passed.

By Mr. Young of Tift~\ bill to empower the County Commissioners of
Tift County to appropriate money to the Tift County Hospital.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Morris of HartA bill to create a Board of Commissioners of
Roads and Revenues for the county of Hart.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.

!llO

.JouRNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

By Mr. Steele of DeKalbA bill to amend the charter of the town of Kirk-
wood in the county of DeKalb.
The report of the co:t?mittee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite conf'titutional majority, was passed.

By }fr. Carroll of CatoosaA bill to abolish the office of Treasurer of Catoosa
Count~.
The re11ort of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
The hill, having reeeived the requisite constitutional majority, was passed.

By :\ir. Chancey of PulaskiA bill to authorize the Commissioners of Roads
and Revenues of Pulaski County to have the main thoroughfares worked and maintained by the county chaingang of said county.
The report of the committee, which was fayorable to the passage of the hill, was agreed to.

SATL"RDAY, AuousT 12, 1916.

911

Upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Messrs. Steele and Smith of DeKalbA bill to amend the charter of the town of Decatur.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By :Messrs. Fowler, Ayer and BarfieldA bill to amend the charter of the city of :\lacon.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the hill tlw ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Collier of StephensA bill to amend the charter of the city of Toccoa.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.

91:2

.JoeRXAL OF THE SENATE,

The bill, having received the requisite constibt tional majority, was passed.

By Mr. Anderson of JenkinsA bill to amend an Act to establish the City Court
of Millen.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By jfessrs. Dodd and Cole~~ bill to incorporate the town of Taylorsville.
The report of the committee, which was faYorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were :30 and nays 0.
The bill, having rereived the requisite constitutional majority, was passed.

By -:\:Ir. BlackburnA resolution for the relief of .Tohn T. Dargan.
The report of the committf'e, which was fayorable to the passagf' of the resolution, was agreed to.
1-pon the passage of the resolution the n~e:-: wen :30 and nays 0.

SATURDAY, AuausT 12, 1916.

913

The resolution, having recei\'ed the requisite constitutional majority, was passed.

By .}fr. King of JeffersonA bill to creat~ a system of public schools for
Louisville, .Jefferson County.
The report of the committee, which was favorable to the passage. of the bill, was agreed to.
Upon the passage of the bill the ayes were 30 and nays 0.
'rhe bill, having receind the requisite constitutional majority, was passed.
:M.r. Peacock of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

Mr. President: Your Committee on Corporations has had under
eonsideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A hill to amend an Act establishing a new charter of the city of Atlanta.
A bill to repeal the charter of the town of Leon.
A bill to create and organize the Recreation Commission for Savannah.
.\ hill to incorporate the Hockingham Sehool District.

914-

Joc:RNAL oF THE SENATE,

A bill to authorize the mayor and council of :Jiladison to extend water mains and sewerage; to issue bonds, etc.
A bill to amend the charter of Millen. Your committee has further had under consideration the following bill of the Senate and instruct me as their chairman to report same back with a recommendation that it do pass, to-wit.:
A bill to repeal an Act entitled an Act to incorporate the town of Stonewall.
Respectfully submitted, PEACOCK, Chairman.
Mr. Smith of the 34th District, Chairman of the Committee on Constitutional Amendments, submit. ted the following report:

Mr. President: Your Committee on Constitutional Amendments
has had under consideration the following bill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass:

House Bill No. 109. A bill to amend Article 3,

Section 2, Paragraphs 1 and 2 of the Constitution

of Georgia, so as to increase the number of Sena-

torial Districts.

Respectfully submitted,

August 12, 1916.

SMITH, Chairman.

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

SATURDAY, AuGusT 12, 1916.

915

illr. President: The House has passed by the requisite constitu-
tional majority the following bills of the House, towit.:
A bill to amend Section 1572 of the Code of 1910, relative to the appointment of Trustees of State Sanitarium.

A bill to amend Section 1571 of the Code of 1910, so that the management of the State Sanitarium will be conducted by nine instead of ten trustees.
A bill to amend Section 185, Volume 1, Code of 1910, so as to reduce the number of copies of Georgia Reports, reprinted from electrotype plates.

A bill to amend Section 1483 of the Penal Code, so as to provide for the pa~rment of additional pen-
sions to maimed ex-Confederate veterans.

A bill to amend Section 1536 of the Code of 1910, by providing for existing contracts made by the Board of Education when local tax is repealed.

A bill to amend Constitution of Georgia, relative to Commissioners of Roads and Revenues of \?\7heeler County.

A bill to furnish public libraries in the State of Georgia, free of charge, except for transportation, Colonial, Revolutionary and Confederate Records of Georgia.

A bill to amend Section 886 of Civil Code, relatiw to municipal offices.

916

J orRXAL OF THE SENATE,

A bill to amend Section -1,688 of the Code of 1910, relative to certain duties of constables.

A bill to amend the charter of Helena.
A bill. to amend the charter of }Iilan.
A bill to establish a system of public school:'> for Sylvania School District.
A bill to fix the salary of the clerk of commissioners of Fulton County.
A bill providing for the collection of commutation tax of counties having a certain population.
A bill to amend an Act establishing City Court of Houston.
A bill to amend an Act creating the office of Superintendent of Roads for Gwinnett County.
A bill to amend the charter of the city of .Milledgeville.

A bill to amend Section 2820 of the Code, relative to trust companies.

A bill to amend Section 2167 of the Code, to enable females to be clerks of ordinaries.

A bill to amend Article 4, Section 1, Paragraph 2 of the Constitution of Georgia, relative to Bacon County.
A bill to amend the charter of watkinsville.

A bill to create a county depository for Coffee County.

SATl:RDAY, AeGu:-;T 1:2, 191G.

~l17

A bill to abolish County Treasurer of walker County.
A bill to require clerh of superior courts in Georgia to keep combined execution dockets.
A bill to amend Act providing for the regulation of the practice of barbers.
A bill to authorize Trustees of First and Third Agricultural and -:\fechanical Colleges to borrow money on the property of said schools.
A bill to make penal the wearing of badges or other emblems of fraternal orders, etc., by persons not entitled to wear same.
A bill to amend an Act authorizing the Board of Trustees of Georgia State Sanitarium to establish a training schooL

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

Mr. President: The House has passed by the requisite constitu-
tional majority the following bills of the Senate, towit.:
A bill to amend the charter of town of Hillsboro.
A bill to amend Section 2244 of the Code of 1910. relative to stock law elections.
The House has passed as amended, by the requisite constitutional majority, the following bill of the Senate, to-wit.:

JouRNAL OF THE SENATE,
A bill to create and organize a new judicial circuit, to be known as the Tifton Circuit.
'l'he House insists on its disagreement to the Senate amendment and asks for a conference committee on the Senate amendment to the following bill of the House, to-wit.:
A bill to amend the Act establishing City Court of Louisville.
The House disagrees to the Senate amendment to the following bips of the House, to-wit.:
A bi11 to establish the City Court of Swainsboro.
A bill changing term of Commissioners of Glynn County.
The House has concurred in the Senate amendments to the following bills of the House, to-wit.:
A bill to fix the salary of the Treasurer of Hall Co'Unty.
A bill to amend Act establishing City Court of Hazlehurst.
A bill to fix the salary of Treasurer of Butts County.
A bill to abolish the office of Treasurer of Henry County.
A hill to create a new charter for the city of Gordon.
The House has adopted the following resolution of the Hom;e, in which the concurrence of the Senate is asked, to-wit.:

SATURDAY, ArousT 12, 1916.

919

A resolution extending a cordial welcome to the Grand Aerie of the Fraternal Order of Eagles, which convenes in Savannah, Georgia, next week.
The following House bill was read the second time, to-wit.:

By 'Yir. Anderson of JenkinsA bill to amend the charter of the city of ~iillen.
The following House bills were taken up for a third reading to be put upon their passage, to-wit.:

By Messrs. Adams and EdwardsA bill to amend the charter of the city of Social
Circle.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
Upon the passage of the bill by substitute the ayet were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute, and the substitute is as follows, to-wit.:

SUBsTITUTE FOR THE ORIGINAL BILL BY THE CoMMITTEE ON CoRPORATIONs.
A BILL
To amend Section 9 and 23 and others, an Act entitled to incorporate the city of Social Circle in the county of Walton, define its limits, to provide for mayor and council and other officers and the

!l:~O

JouRNAL OF THE SENATE,

'
manner of their election; to provide for govern-

ment of said city of Social Circle and for any

other purposes, appro,;ed August 4th, Ul04, and

for other purposes.

SECTION 1. Be it enacted by the General Assembl:- of the State of Georgia, and it is hereby enacted b~' the authority of the same, That from and after the passage of this ~\ct, Section 9 of the above recited Act be amended by inserting between the word ''in'' and the word ''after'' in the third line of said section the word ''January'' in place of the word ''December," so that said section, so amended, shall read as follows:

".SECTION 9. Be it further enacted by the authority aforesaid, That the term of office of ma~or and councilmen shall be two years, from Monda~ after the first vVednesday in January, after their election. The mayor and councilmen-elect shall meet in thf' city hall and there shall severally take before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to-wit.: 'I do solemn!~ :-wear that I will ~f'll and trul~demran
mv.. self as ma.v. or (o.r councilman as the case ma.v be)
of the city of Rocia] Circle for the ensuing term and that I will faithfully enforce the charter and ordinance~ of said city to the hest of m~ ahilit~ anf1 knowledge; so help me God.' Should the nw~or or councilmen-elect he absent from said meeting-, he or the~ shall take the oath of office as soon as possihlr thereafter."

SEc. 2. Be it further enacted by the authorit~

SATL'RDAY, Aum;sT 12, 1916.

021

aforesaid, That the term of office of the present mayor and council of the city of Social Circle be and the same is hereby extended from Monday after the first \Yednesda~ in December to Monday after the first \Ve<lnesda! in .Januan, 1917.
SEc. :3. Be it further ennded by authority aforesaid, 'l'hat Section 23 of the above recited Act be anwnded by adding thereto the following clause: "Said ma:or and council shall have full power to pave or otherwise improve the streets and sidewalks of said cit~ with whatever material and in whatever manner the~ ma~ deem proper and best," so that said section, when amended, sha11 read as follows:
"SEcTION" 23. Be it further enacted, That said mayor and council shall have full power and authority over the public streets, sidewalks and other public thoroughfares in said city and it shall be their duty to keep the same in repair. They shall have the power and authorit~ to open up new streets, widen, extend or alter existing streets, sidewalks or alleys, and if in the exercise of this power it becomes necessary to take or damage private property for the public use and purpose, and the same cannot be procurei! b~ contract, said private property shall be condemned in the way and manner now pro>riderL hy the laws of said State of Georgia as embraced in the Code of 1895. Said mayor and council shall have full power to pave or otherwise improve the streets and sidewalks of said city with whatever material and in whatever manner they may deem proper, and the property owners along the street to be

9:22

JouRNAL OF THE SENATE,

improved shall have thirty days' written notice and if a majority of the property owners along the street to be improved shall sign a written petition opposing the improvements within the thirty days, then the mayor and council shall not improve said street.''

SEc. 5. 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. Estes of LincolnA bill to provide as compensation for the Treas-
urer of Lincoln County a salary of $200.00 per year.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
Upon the passage of the bill as amended the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed as amended and the amendments were as follows:
Committee amends by adding the following words at the end of Section 1:
''To be paid out of the general funds of said county."
Committee further amends by striking Sections 3 and 4.
Amend further by striking the :figure 5 before the last section and by inserting in lieu thereof the :figure 3.

SATL;RD.w, AuausT 12, 1916.

923

By Mr. SheffieldA bill to provide compensation for the Treasurer
of Early County.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
Upon the passage of the bill as amended the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed as amended, and the amendments were as follows:

The committee amends as follows:
1st. By changing the figures "$600.00" m the caption to the figures "$50.00," and by adding at the end of the caption the words ''and for other purposes.''
2nd. By changing the words ''six hundred'' in Section One (1) and wherever they occur in said bill to the words "J;-,ifty ($50.00) dollars."
3rd. By adding a new section to said bill, to-wit.:.
Section (3) Three as follows: "Said Treasurer shall deposit all county funds and monies in a National bank in Early County, which bank shall give a bond with good and sufficient security, conditioned to hold the county of Early harmless against the Joss of any funds deposited with it by said treasurer.''

4th. By changing the number of Section 3 of the original bill to Section 4.

.Jo-cRKAL OF THE SENATE,
The following House bills were read the first time, to-wit.:
By Messrs. Cravey of Dodge and Cook of TelfairA bill to amend the charter of the town of Milan.
Referred to Corporations Committee.
By Mr. Hopkins of ThomasA bill to amend Section 4688 of the Code of 1910,
Volume 1. Referred to General Judiciary Committee.
By n1r. BlackburnA bill to fix the salary of the Clerk of the Board
of Commissioners of Fulton County. Referred to Counties and County :Matters Com-
mittee.
By Mr. BlackburnA bill to punish wearers of badges, emblems and
fraternal buttons not entitled to wear same. Referred to General Judiciary Committee.
By Mr. Stewart of CoffeeA bill to create a county depository in and for
Coffee County. Referred to Counties and County Matters Com-
mittee.
B~ I\1 r. Jones of Coweta.-\. bill to amend the charter of the city of }Iilledge-
ville.

SATURDAY, AUGUST 12, 1916.

925

Referred to Corporations Committee.
By Mr. Harris of \Va1kerA bill to abolish the office of Treasurer of \Valker
County.
Referred to Counties and County Matters Committee.

By Mr. Pharr of GwinnettA bill to amend an ..:-\.ct creating the office of Sup-
erintendent of Roads for Gwinnett County.
Referred to Counties and County :Matters Committee.
By Mr. Ennis of BaldwinA bill to amend an Act authorizing the Board of
Trustees of Georgia State Sanitarium to establish a training school.
Referred to State Sanitarium Committee.

By Mr. Nunn of HoustonA bill to amend an Act to establish the City Court
in and for Houston County. Referred to Counties and County Matters Com-
mittee.
By Messrs. vVebb and Griffin of Lowndes-
A biH to amend Section 2820 of the Code of 1910.
Referred to General Judiciary Committee.
By l\Ir. Brown of wheelerA bill to amend the Constitution of Georgia, rel-

.JOURNAL OF THE SENATE,
atiYe to the Commissioners of Roads and Revenues of Wheeler County.
Referred to Constitutional Amendments Committee.
By Mr. Evans of ScrevenA bi1l to establish a system of public sehools for
the distriC't of Sylvania. Referred to EiduC'ation Committee.
By 1\Ir. Ledbetter of PolkA bill to amend Section 2167 of the Civil Cod<'. Referred to General Judiciary Committee.
By Mr. Cook of TelfairA bill to incorporate the city of Helena. Referred to Corporations Committee.
By Mr. BlackburnA bill to amend an Act providing for the regula-
tion of practice of barbers. Referred to General Judiciary Committee.
By )fessrs. Culpepper and Williams of ~Ieriwether- A bill to amend Section 185, Volume 1, Code of
1910, so as to reduce the number of copies of Georgia Reports reprinted from electrotype plates.
Referred to General .Judiciary Committee.
By Mr. Dorsey of CobbA bill to amend Section 1483 of the Penal Code,

SATURDAY, A't'GUST 12, 191().

927

so as to provide for the payment of additional pensions to maimed ex-Confederate soldiers.
.Referred to Pensions Committee.

By Mr. Ennis of BaldwinA bill to amend Section 1571 of the Code of 1910,
so that the management of the State Sanitarium wi1l be conducted by nine instead of ten trustees.
Referred to State Sanitarium Committee.

By )fr. Ennis of BaldwinA bill to require of the clerk of every superior
court of Georgia to keep in his office a combined execution docket of the superior court.
. Referred to Genera] Judiciary Committee.
By Mr. Ennis of Ba1dwinA bill to amend Section 1572 of the Code of 1910,
relative to the appointment of Trustees of State Sanitarium.
Referred to .State Sanitarium Committee.

By J.fr. Beck of CarrollA bill to amend Section 1536 of the Code of 1910,
by providing for existing contracts made by the Board of Education when Jocal tax is repealed.
Referred to Education Committee.

By :Jlr. Lowe of OconeeA bill to amend the charter of the town of \Yat-
kinsville.

!128

.TouRXAL OF THE SEXATE,

Referred to Corporations Committee.
By Mr. Carter of BaconA bill to amend Article 2, Section 1, Paragraph 2
of the Constitution of Georgia.
Referrerl to Committe0 on Constitutional Amendments.
By :Jir. Connor of SpaldingA hill to amend Section 88fi of the Civil Cock
Referred to General .Judiciar~ Committc>e.
By -:\Jr. Culpepper of 1\leriwetherA bill to furnish puhlic libraries m the StatP of
Georgia, free of charge, except for transportation, Colonial, ReYolutioiHw~ and Confederate' Recorrls of Georgia.
Referred to Public Librar~ Committee~
H~- Messrs. Lanier of Bulloch, Edwards of Bryan, Reiser of FJffingham and \Vright of Bulloch-
.\ hill to authorize the Board of Trustees of the First and Third District Agricultural and ::\fechanical Schools to borro\\ mone~ on the propert~- of said schools.
Reft>lTed to General .Tudicim':' Committc>c>.
B~- ~Iessrs. Bale, ~\nrlerson and Fintlley of Flo~d .\ hill to amentl an Act proYiding: for th0 collec-
tion of commutation tax in all counties whose population is over 36,725 and not over 50,000.
Referrc>d to Special .Tudician Committee.
rpon motion of ::\fr. Bo~kin the Sc>nate adjourned until }fonday morning at 10 o'clock.

l\loNDAT, AlJausT 14, 1916.
SEX ATE CHAMBER, ATLANTA, GA.,
Jfonday, August 14, 1916.
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. By unanimous consent the call of the roll was dispensed with. By unanimous consent the reading of the Journal of Saturday's session was dispensed with. The following message was received from the Honse through :Jfr. BoifeuiJlet, the Clerk thereof:
J1r. President: The House has passed by the requisite constitu-
tional majority the following bills of the House, to wit.:
A bill to make the larceny of automobiles and other vehicles propelled by gasoline and electricity a felony.
A bill to appropriate $12,500 to Georgia: Training School for Girls.
A bi11 to create the City Court of Morgan, in and for the County of Calhoun.
A bill to create a new charter for the town of Rockledge.

93'0

,JorRXAL oF THE SEXATE,.

A hill to appropriate $161.75 in payment of stenographer for joint committee on auditor's report.
The following message was received from the House through :Mr. Boifeuillet, the Clerk thereof:

Mr. Preside11t: The House has passed by the requisite constitu-
tional majority the following bills of the Senate, to wit.:
A-\ bill to authorize the }fayor and Council of the ('it~ of Hogansville to create a debt or debts for purpose of establishing a system of waterworks, electric lights and sewers.
A bill to fix the salar~ of the Treasurer of 'yortlt
County.
The House has concurred in the Senate substitute to tht> following bill of the House, to wit.:
.-\ bill to abolish the office of Trensurer of Pulaski County.
The House has concurred in the Senate amendnwnts to the following bills of the House, to wit.:
A bill to auth'orize ('ount~- and Local Boards of Education to furnish school books and school supplies .
-\ bill to repeal the Act creating City Court of Miller County.
A bill to create a Board of Commissioners of Roads and Revenues for Banks County.

)Jo~u.u, A na:sT 14, 191G.
:Jlr. Boykin, of the 17th District, Acting Chairman of the Committee on Education, submitted the following report:
JJ r. Jl resident : Your Committee on Education has had under con-
sideration the following bill of the House and in:-;tructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit.:
A bill_to establish a system of public sehools in the Sylvania Sehool District.
Respectfully !:iUbmitted, H. A. BoYKI?\, Acting ( 'hrmu.
)lr. Ward, of the 5th District, Acting Chairman of the Committee on Engrossing, submitted the following report:
Jl r. President: Your Committee on Engrossing has examined
and found properly engrossed and ready for transmission to the House, the following resolutions, to wit.:
A resolution in referenee to the price of gasoline.
A resolution designating the State Board of Edueation as the proper officials of the State to administer the funds to be received under the proYisions of the Smith-Hughes Bill now pending m Congress.
Respectfully submitted, C. A. WARD, Acting Chrmn.

932

JorRNAL OF THE SEXATE,

Mr. Callahan, of the 8th District, Chairman of the Committee on Railroads, submitted the following report:

Mr. President: Your Committee on Railroads has had under con-
sideration the fo11owing bill of the HousE' and instructed me, as their Chairman, to report same hack to the Senate with the recommendation that sanw do not pass:
A bill to repeal an Act granting right of way to the Cincinnati Southern Railway, where its route adjoins that of theW. & A. R. R.
Respectfully submitted, J. W. CALLAHAN, Chairman.

~Ir. ~Ioon, of the 37th District, Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President: Your Committee on General Judiciary has had
under consideration the following bills of the House and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit.:
A bill to authorize the Board of Trustees of the First and Third District Agricultural Schools to borrow money on the property of the schools.
A bill to amend Section 2167 of the Civil Code to entitle females to be clerks of ordinaries.

MoNDAY, AuGUST 14, 1916.

933

A biH to amend Section 4688 of the C:ode of 1910, Vol. 1, so as to qualify constables to perform the duties of sheriffs in certain instances.
Respectfully submitted, E. T. MooN, Chairman.

l\lr. Adams, of the 3'3d District, Chairman of the Committee on Special Judiciary, submitted the following report:

M1. President:
Your Committee on Special Judiciary has had under consideration the following bill of the House and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit.:
A bill to amend an Act providing for the collection pf commutation ta:x in all counties whose population is over 36,725 and not over 50,000.
Respectfully submitted, J. 0. ADAMS, Chairman.

Mr. Peacock, of the 14th District, Chairman of the Committee on Corporations, submitted tl1e following report :

Mr. President:
Your Committee on Corpo1ations has had under consideration the following bills of the House and instructed me, as their Chairman, to report same back to the Senate with the recommendation t11at same do pass:

934

J 01JRN AL OF THE SEN ATE,

A hill to amend and con~olidate several Acts mcorporating the City of .:\Ii Ian.
A bill to amend an Act to incorporate the C'it~ of Helena.
~\ bill to amend the charter of .:\lilleclgeville. A bill to amend the charter of \Vatk'insville.
Respectfully submitted, PEACOCK, Chairman.

The following resolution \vas read and adopted, to wit.:

By .:\lr. CallahanA resolution requesting the House to return to
the Senate, House Bill Xo. ~l84.
The following message was received from his Excellency, the Governor, through his Secretary, Mr. Jones:

i.llr. Preside11t: I am directed by his _F_:;xcellency, the Governor, to
deliver to the Senate a communication in writing for which he respectfully asks consideration.
The following resolution was read antl adopted by a rising Yote, to wit.:
Resolution b~ jfr. Walker of the :Wth District-
\YHEREA~, the Rev. J. \Y. G. \Vatkins has been a Chaplain of the Senate of Georgia, continuously, for a period of ~3 years, during which long term of ser-

}Io~DAY, ..-\."CG"CST 1-1-, HllG.

~135

Yiee he has, by his earnest piety and Christian deportment, endeared himself to the members of the Georgia Senate, who have intimately associated with him, therefore,
RE~OLYED, That the Senate of. Georgia heartily commends its present Chaplain for his high Christian character and expresses the hope that he may continue to hold the office of Chaplain of the Senate as long as he may desire.
The following resolution was read, to wit.:

By the Rules Committee.-\ resolution to limit debate upon all bills includ-
ing amendments to :-3'0 minutes to a side, to include the :20 minutes allow-ed the chairmen of the committees, after the previous question is called.
epon the adoption of the resolution the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Callahan, J. W. Dobbs, E. P. Gillis, N. L. Goolsby, B. F.

Haralson, Pat Harrison, W. T. Holden, .Tno. F. Lawrence, A. A. :VIinter, C. C. )foon, E. T. McCrory, C. R. McFarland, J. R. .dcLaughlin, B. F.

Pickett, Roscoe Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, Mark Tracy, C. C. Ward, C. A. Walker, J. D.

Those voting in the negative were Messrs.-

Akin, L. R. Peaeoek, Z. V.

Way, J. B.

Wren, W. J.

936

JOURNAL OF THE SENATE,

Those not voting were Messrs.-

Burnside, J. B. Carlton, J. A.
eakes, w. J.
Fagan, T.V. Fletcher, H. M.

Ilarbin, T. W. Mangham, J. J. Paulk, Geo. A. Paulk, :llf. J.

Pickett, D. C. Ransom, W. M. Trammell, J. R. Turner, T. R.

Ayes 26, nays 4.

The resolution was adopted.

The following Senate bill was taken up for a third reading to be put upon its passage, to wit. :

By Mr. McLaughlinA bill to repeal an Act to incorporate the town of
Stonewall.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following House bills and resolution were read the second time, to wit. :

By Messrs. Carter of Bacon and Parker of wareA bill to amend Article 3, Section 2, Paragraphs 1
and 2 of the Constitution of Georgia so as to increase the number of Senatorial Districts.
By Mr. Evans of ScrevenA bill to establish a system of public schools for
the district of Sylvania.

MoNDAY, AuGusT 14, 1916.

937

By Mr. Hopkins of ThomasA bill to amend Section 4688 of the Code of 1910,
-Vol. 1, so as to qualify constables to perform the duties of sheriffs in .certain instances.

By Messrs. Lanier, Edwards and othersA bill to authorize the Board of Trustees of the
First and Third District Agricultural and Mechanical Schools to borrow money on the property of said schools.
By Mr. LedbetterA bill to amend Section 2167 of the Civil Code.
By :Jir. FullbrightA resolution authorizing the Treasurer to transfer
('ertain funds to account of Keeper of Public Buildmgs.
By :Messrs. Bale, ..~. nderson and Findley of FloydA bill to provide for collection of commutation
tax in all counties having a population of over 3'6,725 and under 50,000.

By Mr. Cook of TelfairA bill to amend an Act to incorporate the City of
Helena.
B~- Messrs. Cravey of Dodge and Cook of TelfairA bill to amend an Act incorporating the City of
Milan.

By "J,fr. Jones of ( 'o\vetaA bill to amend the charter of City of :Milledge-
ville.

938

JoGRNAL oF THE SENATE,

By .Mr. Lowe of OconeeA bill to amend the charter of Watkinsville.
The following House bill wa8 read the second time and recommitted to Counties and County Matters Committee, to wit.:

By }Ir. Barber of GradyA hill to fix the salary of the Treasurer of Grady
County.
The following hills of the Senate were takPn up for a third reading, to be put upon their passage, to wit.:

By }lr. Pickett of -+1st District~-\ bill to amend Section G47 of the Civil Co(le pro-
Yiding what persons are subject to road duty.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
C pon the passage of the hill the ayes were '26, nays 0.
The bill, haYing received the requisite constitutional majority, wa8 passed.

By ~lr. EakesA bill to create the office of Purchasing .Agent,
and Superintendent of Public Printing, and for other purposes.
The following amendments were read and adopted, to wit. :

:MoNDAY, AL"GrST 14, 1916.

~t\ mf'n<lments to Senatf' Bill ~o. 280:

Mr. Burnside of the :29th Distrid, moves to amend by striking the figures '' $3,600,'' in the first Section, and inserting in lieu thereof the figures '' $2,400.''

Committee amends as follows:

~-\mend by making same effective at the expuation of present contracts.

Amend Sedion :J, line 8, h~ striking "$500", and inserting in lieu thereof '' $100.''
Amend by adding a section and numbering same !l, and other sections accordingly, as follows:
''Said Purchasing ~-\gent and Superintendent of Public Printing shall make a r(lport of his Acts as now required of the Htate Tn>asurer."

The report of the committee, which was favorable to the passage of tlw bill, was agreed to as amended.
l~pon the passage of the bill as amended the ayes and nays were or<lNed, and the Yote was as follows, to wit.:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Eakes, W. J. Gillis, N. L. Goolsby, B. F. Haralson, Pat

Harbin, T. W. Harrison, W. T. Holuen, Jno. F. Lawrence, A. A. ~linter, C. C. :Hoon, E. T. )fcCrory, C. R. :.\JcFarland, J. R. :\fcLaughlin, B. F. Paulk, Geo. A. Pickett, D. C. Pie.kett, Roscoe

Smith, E. M. Stovall, A. S. J. 'fhomas, J. R. Tison, Mark Tracy, C. C. Trammell, J. R. Turner, T. R. Ward, C. A. Walker, J. D. Way, J. B. WrE>n. W. J.

940

JOURNAL OF THE SENATE,

Those not voting were Messrs.-

Buchanan, W. A. Carlton, J. A. Fagan, T.V.

Fletcher, H. M. Mangham, J. J. Paulk, M. J.

Peacock, Z. V. Ransom, W. M.

Ayes 35, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following joint resolution was read and adopted, to wit.:

By Messrs. Olive and :MyrickA resolution extending a cordial welcome to the
Order of Eagles which meets in Savannah next week.

The following resolution "~as read and adopted:

By :Mr. FletcherA resolution requesting the House to return to the
Senate, House Bill No. 995.
Upon motion of Mr. Akin the Senate took up the following bill of the House for the purpose of acting upon the disagreement of the Ho~Re to the Senate .amendment to the same, to wit.:
By Mr. Dart of GlynnA bill to change the terms of the Commissioners of
Roads and Revenues of Glynn County.
Upon motion of Mr. Akin, the Senate receded from its amendment.
}fr. Harrison, of the :!5th District, Chairman of the Committee on Education, submitted the following report:

}\foxDAY, Aec-csT 1+, 1916.

941

Mr. Presidellt: Your Committee on Edueation has had under con-
sideration the following bill of the House and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit.:
~-\ hill to amend Section 1536 of the Code of 1910 by providing for existing contracts made by the Board of Education when local tax is repealed.
Respectfully submitted, \V. T. HARRISON, Chairman.

The following House bills were taken up for a third reading to he put upon their passage, to wit.:

By .:\Iessrs. .:\Iyriek, Slmptrine and .Jackson~-\ bill to create and organize the Recreation Com-
mission for the City of Savannah.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
Tlw bill, haYing received the requisite constitutional majority, was passed.

By .:\Ir. Kidd of BakerA bill to prescribe the manner of holding primary
lections in Baker County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

.JouRXAL OF THE SEXATE,
t ~ pon the passage of the hill tlw ayes "'ere :m,
na~s 0.
The hill, having receiYed tlw requisite constitutional majority, was passed.
B~ Jl r. Edwards of Bryan.:\ hill to aholish the office of ( 'ounty Treasurer of
Bryan County.
The report of the committeP, \Yhich was faYorable to the passage of the hill, was agreed to.
Cpon the passage of the bill the a~es were ;)(), nays 0.
'rhe bill, having received the requisite constitutional majority, \Yas passed.
B~ J!r. Carter of BaconA bill to incorporate the Rockingham School Dis-
hi<'t in the County of Bacon.
The report of the committee, which was favorable to the passage of the hi! I, was agreed to.
l~pon the passage of thP hill the a~es were :~0, na~s 0.
Tl1e hill, having received the requisite t'onstitutional majorit~, was 11assed.
B~ :\lr. Burruss of Jlorgan.\ hill to authorize the :\layor and Council of
('it~ of J1 adison to extend water mams, sewerage, Pt(., and to issue honds for same.

:\loxDAY, 0AeGCST 1-1-, lDlG.

943

The report of the eommittee, \Yhich "as faYorable to the passage of the hill, was agreed to.
C pon the passage of the bill the ayes "ere 3"0, nays 0.
The bill, haYing received the requisite eonstitutiona I majority, \Vas passed.

By .:\Ir. Edwards of BryanA bill to authorize the Ordinary of Bryan County
to name a county depository for said county.
The report of the committee, which was faYorahle to the passage of the hill, was agrPed to.
l'pon the passage of tlw hill the aye>s were :10, nays 0.
The bill, haYing reeeived the nquisite eonstitutional majority, was passed.

By ::\lr. Cravey of DodgeA bill to repeal the charter of the towu of Leon.
The report of the committee, "hich was favorable to the passage of the bill, was agTeed to.
l:pon the passage of the bill the ayes "ere :lO, nays 0.
The bill, having reeeiYed the requisite constitutional majority, was passe(l.

By .:\Ir..Anderson of .Tenkins),_ bill to amend the charter of the ( 'ity of :Millen.

944

JouRNAL OF THE' SENATE,

The report of the committee, which was favorable to the passage of the bil1, was agreed to.
rpon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Edwards of BryanA bill to authorize the Ordinary, Clerk of Su-
}Jcrior Court and Sheriff of Bryan County to keep their office and records at the county site.
The report of the committee, which was faYorable to the passage of the bill, was agreed to.
n1011 the passage of the bill the a~es 'Yel'e ;-W, nays 0.
The bill, having reeeivecl the requisite coustitutional majority, was passed.

By ~fr. Duffy of Jones~\ bill to amend an Act to create the City Court
of Gray.
The report of the committee, which was fa,orable to the passage of the bill as amended, was agreed to.
l~pon the passage of the bill as amenclecl the aye,; were 30, nays 0.
The hill, having receivecl the requisite constitutional majority, was passed as amended, <md thP amendment is as follows:

MoNDAY, AuGUST 14, 1916.

945

( 'ommitte0 amenos by striking all of 'Sections T"o and Three of said hill.

B~ "Yiessrs. Blackhum, Andrews and AtkinsonA bill to amend an Act establishing a new charter
for the City of Atlanta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The hill, having received the requisite constitutional majority, was passed.

By ::\Ir. Yeazey of \YarrenA bill to provide for inspection by State author-
ities of every private institution in which citizens of Georgia aml other Rtates are kept in confinement.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

Upon the passage of the bill the ayes and nays were ordered ano the vote was as follows, to wit.:

Those voting in the affirmative were .Messrs.:

Adams, J. 0. Bailey, L. S. Boykin, H. A. Buchanan, W. A. Callahan, J. W. Cariton, J. A. Dobbs, E. P. Fagan, T.V. Fletcher, H. M. (;illis, N. L.

Goolsby, B. F. Haralson, Pat HaTbin, T. W. Harrison, W. T. Holden, Jno. F. :\[inter, C. C. .\loon, K 1'. :.\IcC'rory, C. R. .\IcFarland, J. R. .\fcLaughlin, B. F.

Pickett, D. C. Pickett, Roscoe Smith, E. M. Stovall, A. S. J. Tison, Mark Tracy, C. C. Trammell. J. R. Turner, T. R. Ward, C. A. Walker, J. D.

JocRXAL OF THE SEXATE,

Those voting in the negative were Messrs.-

Akin, L. R. Bonner, T. B. Lawrence, A. A.

Mangham, J. J. Paulk, M. J. Peacock, Z. V.

Thomas, .J. R. Way, J. B.

Those not Yoting were .Jlessrs.-

Burnside, J. B. Eakes, W. J.

Paulk, Geo. A. Ransom, W. i\L

Wren, 'vV. J.

The hill, haYing reeeind the requisite constitutional majority, was passed.
By .Jlr. Hopkins of ThomasA hill to anwnd thP ehartPr of the ( 'ity of Thoma,.;-
,ille .
.J[r. Sto,all offered the following amendmeuts, \vhieh were adopted, to \\it.:
:\1 r. Stoval I, of. the ;~oth Di striet, moves to amend caption by inserting after the word "ThomasYille," in the next to last line ''and to further amend said <harter of Thomasville so as to authorize said .J[ayor and A lclcnnen to pass sueh ordinances as to them ma~ see1_n hest with reference to the illegal sale or kPeping for sale or haYing on hand for illegal sale ePrtain liquors or beYerages herPin named, and to authorize said ::.\fa~or and .\ ldennen to pass all sueh ordinances as may he necessary to prevent the manufacture or illegal sale or keeping on hand or carr~ing about in said cit~ limits any and all kinds of intoxicating liquors or heYerages.''
Amendment to House Bill ~o. 1043.

}fOXDAY, ~-\."GG"GST 14, 1916.

!}47

.-\mPtHl h~ a<1<1ing a new sPction immP<liatel~ lwfon repealing Seetion to he numbered Sertion 18, a:- follows, al1(1 numbering repealing Section as l H:
See. 18. Said City of Thomasville, b~ its }fayor and Aldermen, is hereh~r particularl~c and esperially authorized to pass ordinanees as follows, operatiYe "ithin itR corporate limits, and punishable under existing, or ordinance hereafter passed.
"a. }faking it illegal to Rell or manufacutre alcolwlic, spirituous, vinous and all intoxicating liquors ancl hevrrages or to keep the same on hand at publir plaeps or for illegal sale or to have on hand or to keep on hand for illeg~l sale an~ form of whiske~, "ine or beer without regard to percentage of alcohol that the l'iamP rna~ <ontain.
"h. To makP illegal all and eaeh of the several matters made iliPgal under the Act of th~ Genera I Assembly of Georgia, approvecl Xowmber 17, 1915, found in Georgia Laws, H)]i), pages 77 to 8!1, inclns. iw.
"c. To make illegal by an~ person, firm or corporation the keeping for unlawful sale in any store, house, room, office, cellar, stand, booth, stall, or other place or to have contained for unlawful sale in an~ barrel, keg, can, demijohn, bottle or other paekage an~ spirituous, vinous or malt liCJuors for su<>h sale within said city limits.
"cl. To make it illegal within said city limits for an~ 1wrson to have and (.arr~ about on his or her prrson, or in or on an~ automobile>, hack, wagon, or

948
otl1er Yehiele under his or l1er ('Ontrol any spirituous, ,inous or malt liquors for the purpose of illegal sale or barter. Sudt offensP to he designated as that of "a tnweling blind tiger."
''e. To have or keep or allow to be kept any of the liquors describeu in this section or any intoxicating heYerage in any store building, tent or place where soft tlrinks are kept, served, or sold, \\'ithin said cit~ limits.''
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
Upon the passage of the bill as amended the ayes wf're 30, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
:\[r. Peacock gave notice that at the proper time he "Would move to reconsider House Bill No. -!65.
By -:\Iessrs. Short, ( 'lements and Swift.A bill to amend an Act for the protection of game
animals, birds and fish.
The follo"-ing amendments were read and adopted, to wit. :
Committee amendments to House Bill No. 38:
1. Amend by adding just hefore the words "and for other purposes,'' at the end of the title, the following words "Prohibiting the catching of fish or shrimp with a seine on an ocean bea(h witllin a mile of an incorporateu city.''

:MoNDAY, A"LG"LST 14, 1916.

94-H

> By adding a new section to be known as Section 11:

''Any person seining for fish or shrimp upon an ocean beach or ocean inlet within one mile of the corporate limits of an incorporated town shall be guilty of a misdemeanor."

:~. B~ changing Section 11 of the original bill to Section 12.

)Jr. Pickett of 41st District, moves to amend Sec-

tion

of said hill by adding the following:

''Provided, that this shall not prevent the killing of squirrels while destroying corn or other cultivated vegetation.''

Mr. McCrory moves to amend:

By striking Section 7 of the bill.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

Upon the passage of the bill as amended the ayes were ~5, nays 4.
The bill, having received the requisite constitu~ tiona] majority, was passed, as amended.

'The following House bill was recommitted to Committee on Constitutional Amendments, to wit.:

By ~Jr. Stewart of CoffeeA hill to amend the Constitution of Georgia so ns
to create the new county of Atkinson.

950

.JouRNAL OF THE SENATE,

Fpon motion of Mr. Gillis the Senate voted to insist on its amendments to. the following bill of the House, to wit.:

By ~1essrs. Brown and Atkinson of Emanuel..\ hill to establish the Cit~- Court of Swainsboro.
The following House hills were rPad thP first time, to wit.:

By :\lessrs. ::\loore of Heard and HopkinsA bill to appropriate funds for pa~ment of sten-
ographer for joint committee on auditor's report.
Hefer'I'e1l to Appropriations ( 'ommittee.

B~ :\lessrs. Blaekhurn, Atkinson and ..-\n<lre\\s~.\ hill to appropriate $1 ~,500.00 to tlw cteorgia
Training School for Girls.
H<>ferred to .Appropriations ( 'ommittee.

By )Jr. Bale of Floyd.~~ hill to make the larceny of automobiles. loco-
mobiles, and otlwr vehicles propelled. h~- gasoline a felony.
Referred to General J udiriary CommittE'e.

B~- )Jr. Davis of Laurens.\ hill to rreate a nPw eharter for the town of
Rockledge. Refprred to ( 'orpor~1tions ( 'ommittee.
By }lr. Coleman of Calhoun.\ hill to ('l'Pfttf' tlw ('it~ C'onrt of }forgan.

:\foxDAY, At:Gl:ST 1-l, 1916.

951

Referred to Special .J udieiary Committee.

lipon motion the Senat<> took a reeess until :~ o'cloek, P. :\-1.

The Senate met pursuant to adjournment at :l o'cloek, P. :\I., and "'as callecl to order br the President.

Upon the call of the roll the following Senators

answered to their names, to wit.:

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Carlton, .T. A. Dobbs, E. P. Eakes, W. J. Fagan, T.V. Fletcher, H. M. Gillia, N. L.

Goolsby, B. F. Haralson, Pat Harbin, T. W. Hanison, W. T. Holden, Jno. I'. Lawrence, A. A. :Mangham, J. J. l\finter, C. C. :\loon, E. T. McCrory, C. R. :\fcFarland, J. R. :\feLaughlin, B. F. Paulk, Geo. A. Paulk, M..J.

Peacock, Z. V. Pickett, D. C. Pickett, Roscoe Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, Mark Trat>y, C. C. Turner, T. R. "\Vard, C. A. Walker, J. D. Way, J. B. 'Vren, W. J.

Those absent were )lessrs.-

Ransom, w. M.

Trammell, J. R.

}lr..J. R. Trammell, of the ;~~Jth District, Chairman of the Committee on Public Library, submitted the follo"ing report:

Mr. Prf'sident: Your Committee on Public Library has had under
consideration the following hill of the House and instructed me, as their Chairman, to report same hack to the SPnate with the recomm9ndation that same> do pass :

JouRNAL OF THE SENATE,
H. B. Xo. 989. To furnish public libraries in the State of Georgia free of charge, except transportation, Colonial Records, Revolutionary Records and ( 'onfeclerate Records of Georgia.
Respectfully submitted, J. R. TRAMMELL, Chairman.
)fr. Paulk, of the 6th D~strict, Chairman of the Committee on State Sanitorium, submitted the following report:
Mr. President: Your Committee on State Sanitorium has had un-
<ler consideration the following bills of the House and instructed me, as their Chairman, to report ~arne back to the Senate with the recommendation that same do pass, to wit.:
A bill to amend Section 1571 of the Cotle of 1910, so that the management of the State Sanitorium will he conducted by nine instead of ten trustees.
A bill to amend Section 157:2 of the Code of 1910, relative to the appointment of trustePs of State Sanitorium.
A bill to amend an Act authorizing the Board of Trustees of Georgi~ StatE; Sanitorium to establish a training school.
Respectfully submitted, GEo. 0. PAULK, Chairman.
::vrr. Goolsby, of the 28th District, ( 'hairman of
the Committee on Counties and Count~- ~Jatters, snhmittecl the following report:

MoNDAY, AuousT 14, 1916.
M1-. President: Your Committee on Counties and County Matters
has had under consideration the following bills of the House and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit.:
A bill to abolish the office of County 'Treasurer of Walker County.
A bill to create a county depository for Coffee County.
A bill to amend an Act entitled an Act to establi:-;h a Uity Court for Houston County.
A bill to fix the salary of the Clerk of the Board of Commissioners of Fulton County.
A bill to amend an .A.ct creating the office of Superintendent of Roads for Gwinnett County.
Respectfully submitted, B. E. GooLSBY, Chairman.
Mr. Walker of the 20th District, Chairman of. the Committee on Appropriations, submitted the following report:
Mr. P1esident: Your Committee on Appropriations has had under
consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to make an appropriation in payment of ao-

934

.JouRNAL OI:<' THE SENATE,

count of stenographer for joint committee on audi..: tor's report.
A bill to appropriate the sum of two hundred thousand dollars for the Georgia State Sanitarium near .Milledgeville.
Your committee has further had under consideration the following bills of the House and instruct me as its chairman to report same back with a recommendation that it do pass as amended, to-wit.:
A bill to appropriate $12,500 to the Georgia Training School for Girls.
Respectfully, J NO. D. wALKER, Chairman.

:Jir. Smith of the 34th District, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Jl r. President: Your Committee on Constitutional Amendments
has had under consideration the following bill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to amend Paragraph 2, Section 1, Article 11 of the Constitution of Georgia, so as to create Atkinson County.
Respectfull~r submitted, E.- :Jf. Sl\UTH, Chairman.
Mr. Adams of the 33rd District, Chairman of the

.JioNmT, AuGUST 1-!, 1916.
Committee on t:lpecial Judiciary, submitted the following report:
Mr. President : Your Committee on t:lpecial Judiciary has had un-
der consideration the following bill of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass, to-wit.:
A bill to create the City Court of ;\iorgan. Respectfully submitted, J. 0. ADAMS, Chairman.
'l'he following House bill was read the second time and recommitted to General J udiciar~ Committee, to-wit.:
By Mr. Ennis of BaldwinA bill to require the clerks of the superior courts
in every county in Georgia to keep a combined execution docket.
The following Senate bill was taken up for a third reading to be put upon its passage, to-wit.:
By ~lr. \YayA bill to amend Paragraph 1 of Section :1 of Ar-
ticle 3 of the Constitution of Georgia, so as to provide for representation of Evans County in the General Assembly.
The report of the committee, which \Vas favorable to the passage of the bill, was agreed to.

956

JouRNAL OF THE SENATE,

Upon the passage of the bill the ayes and nays were ordered and the vote was as follows, to-wit.:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Carlton, J. A. Dobbs, E. P. Fagan, T.V.

Pletcher, H. M. Goolsby, B. F. Haralson, Pat Harbin, T. W. Harrison, W. T. Holden, Jno. F. :\iangham, J. J. :!\iinter, C. C. :\foon, E. T. MeCrory, C. R. :McFarland, J. R.

McLaughlin, B. F Peacock, Z. V. Pickett, D. C. Stovall, A. S. J. Thomas, .J. R. Tison, Mark Tracy, C. C. Turner, T. R. Ward, C. A. Walker, J. D. Way, J. B.

Those not voting were 11e_ssrs.-

Eakes, W. J. Gillis, N. L. Lawrence, A. A. Paulk, Geo. A.

Paulk, M. J. Pirkett, Roscoe Ransom, W. M.

Smith, E. M. Trammell, J. R. Wren, W. J.

Ayes 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The bill is as follows, to-wit.:

A BILL
To be entitled an Act to amend Paragraph One of Section Three of Article Three of the Constitution of the State of Georgia by striking the figures 189 therefrom, and inserting in place thereof the figures 190, so as to provide for representation in the House of Representatives for counties not now provided for, and further by striking from said paragraph the names of the counties therein set out and inserting in place

%7
thereof the counties mentioned in the reapportionment Act of the General Assembly of 1914, so that said paragraph will conform to said reapportionment, and for other purposes.
SEcTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Paragraph One of Section Three of Article Three of the Constitution be, and the same is hereby amended by striking from the second line of said paragraph the figures '' 189'' and inserting in lieu thereof the figures '' 190'' and further by striking therefrom the names of all the . counties therein specified and inserting in place of the six counties therein named as being entitled to three representatives each, the following: "Fulton, Chatham, Richmond, Bibb, Floyd and Muscogee, '' and inserting in place of the twenty-six (26) counties therein specified as being entitled to two representatives each, the following: ''Laurens, Carroll, Jackson, Sumter, Thomas, Decatur, Gwinnett, Coweta, Cobb, Washington, DeKalb, Burke, Bulloch, Troup, Hall, Walton, Bartow, Meriwether, Emanuel, Lowndes, Elbert, Brooks, Houston, Wilkes, Clarke and Ware," and further by adding at the end of said paragraph after the words ''and to the remaining counties one representative each,'' the following: "and in the event of the ratification of this amendment to the Constitution, the county of Evans shall be entitled to representation in the. General ARsembly of Georgia for the session of 1917 and 1918, and in the event this amendment slwll h(' ratified, then

Jm:RNAL oF THE SENATE,
tla said Evans County ::;hall hold an election on the fir::;t Tuesday in January, 1917, under the law now governing similar elections for the election of memhers of the General Assembly to serve during the ::;ession of 1917 and 1918, in accordance with this amendment,'' so that when said paragraph i::; so amended, it will read as follows:
l'aragraph 1. Xumber of Representatives. The House of l{epre::;entatives shall consist of not. more than 1!)0 Representatives, apportioned among the ::>e\eral counties a::; follows, to-wit.: To the six counties having the largest population, viz., Fulton, Chatham, Richmond, Bibb, l!'loyJ and .i\luscogee, three representatives each; to the twenty-six (:26) counties having the next largest povulation, viz., Laurens, Uarroll, Jackson, :::;umter, Thomas, Decatur, Uwinnett, Uoweta, Cobb, Washington, DeKalb, Burke, Bulloch, Troup, Hall, Walton, Bartow, :\leriwether, Emanuel, Lowndes, Elbert., Brooks, Hou::;ton, \Vilkes, Clarke and Ware, two representatives each; and to remaining counties one representative each; provided that if this amendment is adopted that the county of Evans shall hold an election on the first Tuesday of January, 1917, under the law now goYerning similar elections for the election of a memher of the General Assembly to serve during the ses-
sion of 1!117' uns, in accorrlnnce with this amend-
ment.
BEe. ) Be it further enacted by the authority aforesaid, That when said proposed amendment shall be agreed to by two-third::> of the memhers

~IoxD.AY, AuGUST 14, 1916.

959

elected to each House of the General .Assembly, it shall be entered upon the Journal of each House with the yeas and nays thereon, and published in one or more newspapers in each congressional district in said State for two months previous to the time for holding the next general election in said State; and shall at said next general election be submitted . to the people for ratification in the following form, to-wit.: ''For ratification of an amendment to Paragraph One, Section Three of .Article Three of the Constitution (for providing for representatives in the House of Representatives of the State of Georgia for counties not now provided for),'' or ''Against ratification of an amendment to Paragraph One, Section One of Article Three of the Constitution (or agajnst providing for representatives in the House of Representatives of the State of Georgia for counties not now provided for),'' and if the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification, having written or printed on their ballots the preceding forms, which votes east at said election shall be consolidated as now required by law
in elections for members of the General Assembl.v
and returns thereof made to the Governor, tl1en he shall declare said amendment adopted and make proclamation thereof in the manner now provided by law.

SEc. 3. Be it further enacted, That all laws and }HUts of laws in conflict with this Art be and they are hereby repealed.

JouRNAL OJ!' THE SENATE,

The following House bills were read the second time, to-wit.:

By :Jtir. CulpepperA bill to furnish State libraries, free of charge,
except for transportation, Colonial and Confederate Records of Georgia.

By l\ir. Beck of CarrollA bill to amend Section 1536 of Code of 1910.

By Mr. Ennis of BaldwinA bill to amend Section 1572 of the Code of HHO,
relative to the appointment of Trustees of State Sanitarium.

By Mr. Harris of WalkerA bill to abolish the office of Treasurer of Walker
County.

By Mr. Ennis of Baldwin~\ bill to an1end an Act authorizing the Board of
Trustees of State Sanitarium to establish a training schooL

By Mr. Pharr of GwinnettA bill to amend an Act creating the office of Sup-
erintendent of Roads for Gwinnett County.

By Mr. Nunn-

A bill to amend an Act to establish a City Court

for Houston County.



By Mr. Ennis of Baldwin~\. bill to amend Section 1571 of the Code.

1vimm.n, ~-\Tm:sT 14, 1916.

961

By Mr. Blackburn of FultonA bill to fix the salary of the Clerk of the Board
of Commissioners of Fulton County.

By .Mr. Stewart of CoffeeA bill to create a county depository m and for
Coffee County.
The following House bills were taken up for a third reading to be put upon their passage, to-wit.:

By :!VIr. Fowler of BibbA bill to require contractors for construction of
public buildings for the State, county and municipalities, to give bond.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 24, nays 0.
The bill, haYing received the requisite constitutional majority, was passed.

By Messrs. .Swift and Neill of MuscogeeA bill to amend Article 6, Section 13, Paragraph 2,
of the Constitution.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote was as fol1ows:

962

.JOlJRNAL OF THE SENATE,

Those ,oting in the affirmative were ).iessrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callanan, J. W. Dobbs, E . .P. Fagan, T. V. Gillis, N. L. Goolsby, B. F. Haralson, Pat

Harbin, T. W. Harrison, "~;'- T. Holden, .Tno. F. Lawrence, A. A. :\Iangham, ,J. J. :\linter, C. C. ~foon. E. T. :\fcCrory, C. R. :\fcFarland, J. R. :\fcLaughlin, B. F. Paulk, Geo. A. Paulk, l\I. J.

Peacock, Z. V. Pickett, D. C. Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, :\[ark Tra<'Y C. C. Turner, T. R. Walker, J. D. \Yay, J. B. Wren, W . .T.

Those voting in the negative were Messrs.-
Akin, L. R.

Those not voting- were ).!essrs.-

Carlton. J. A. Eakes, W. J. Fletcher, H. M.

p;ckett, Roscoe Ransom, W. :\L

Trammell, .T. R. \Yard, C. A.

Ayes 35, nays 1.

The bill, having received the requisite constitutional majority, was passed, and the bill is as follows:

A BILL
To be entitled an Act to amend Article 6, Section 13, Paragraph 2 of the Constitution of this State, so as to authorize the General Assembly, by a majority vote of each branch, at any time, to abolish the fees at present occurring to the office of solicitor-general in any particular judicial circuit and in lieu thereof to prescribe a salary for such office in addition to the salary prescribed in Paragraph 1 of said section of said article and

~!mm.n, AUGUST 14, 1916.

963

without regard to the uniformity of such salaries in the various circuits; and to authorize the General Assembly to determine what disposition shall be made of the fines, forfeitures and fees occurring to the office of solicitor-general in any judicial circuit where the fees are abolished, and for other purposes.
SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Article 6, Section 13, Paragraph 2 of the Constitution of Georgia be amended by adding at the end of said paragraph 2 the following words:
'' Prot,ided, how-ever, that the General Assembly shall have power, at any time, by a majority vote of each branch, to abolish the fees occurring to the office of solicitor-general, in any particular judicial circuit, and in lieu thereof, to prescribe a salary for such office in addition to the salary prescribed in Paragraph 1 of this section of this article, and without regard to the uniformity of such salaries in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fees occurring to the office of solicitor-general in any judicial circuit, where the fees are abolished,'' so that said Paragraph 2 of said section of said article, when so amended, will read as fo11ows:
''Paragraph 2. The General Assembly may at any time by a two-thirds vote of each branch prescribe other and different salaries for any or all of the

964

JouRNAL OF THE SENATE,

above officers, but no such change shall affect the officers then in commission; provided, however, that the General Assembly shall have power, at any time, by a majority vote of each branch, to abolish the fees at present occurring to the office of solicitor-general, in any particular judicial circuit, aml in lieu thereof, to p1escribe a salary for such oflice in addition to the saiary prescribed in Paragraph 1 of this sedion of this article, and without regard to the uniformity of such salaries in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fee~ occurring to the office of solicitor-general, in any such judicial circuit where the fees are abolished."
SEc. 2. Be it further enaeted, That if this amendment shall be agreed to by two-thirds of the members of the General Assembly of each House, the same shall be entered on their Journals with the yeas and na:vs taken thereon, and the Governor shall cause the amendment to he published in one or more of the newspapers in each congressional district for at least two months immediately preceding the next general election, and the same shaH be submitted to the people at the next general election, and the voters thereat shall have written or printed on their ballots, "For ratification of amendment to Paragraph 2 of Section 13 of Article 6 of the Constitution of this State, abolishing fees of solicitors-general,'' or ''Against ratification of amendment to Paragraph 2 of Section 13 of Article 6 of the Constitution of this State, abolishing fees of solicitors-general" as they

~1oNDAY, AuavsT 14, 1910.

may choose and if a majority of the electors qualified to vote for members of the next General Assembly, voting, shall vote in favor of ratification as shown by the consolidation thereof and returns made, as now provided by law in elections for members of the General Assembly, then said amendment shall become a part of said Article 6, Section 13, Paragraph 2 of the Constitution of this State, and the GoYernor shall make proclamation thereof.
SEc. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

By )[essrs. Ennis of Baldwin, Hutcheson of Turner and others-
A bill to appropriate the sum of fifty thousand dollars ($50,000) for the purpose of building a dormitory upon the campus of the Georgia Normal and Industrial College at Milledgeville, Ga.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Messrs.-

Adams, .J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. li'agan, T. V. Gillis, N. L.

Ooolsby, B. F. Haralson, Pat Harbin, T. W. Harrison, W. T. Holden, .Tno. F. Lawrence, A. A. :Minter, C. C. :\feFarland, J. R. Paulk, M. J.

Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, :\fark Tracy, C. C. Turner, T. R. Walker, J. D. Way, J. B. Wren, W. J.

966

JouRNAL OF THE SENATE,

Those Yoting in the negatiYe were Messrs.-

1\Io"u, E. 'f.

McLaughlin, B. F.

Tiwse not Yoting were :Messrs.-

Carlton, J. A. Dobbs, E. P. EakeS', W. J. Pleteher, H. M. 1\Iangham, J. J.

:1\fcCrory, C. R. Paulk, Geo. A. Peacoek, Z. V. Pickett, D. C.

Pickett, Roscoe Ransom, W. M. Tmmmell, J. R. Ward, C. A.

Aye~ 28, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended, and the amendment was as follows:

The committee amends as follows:

Amend by adding to 1ine 13 on page 2 and after the word ''thereafter'' the words ''Provided that no ftmds thus appropriated be available until all appropriations made by the Legislature last November for maintenance purposes for 1916, and especially the appropriations for public schools and pensions have been fully paid.

By 1\Ir. Dart of GlynnA resolution to appropriate $33,000 to complete
payment of pension rolls for 1916.
1\fr. Burnside offered the following amendment, which was adopted, to-wit.:
To amend the resolution by adding the sum of $225,000 for 1917, to pay the increase of the pensions of ten dollars per year, as provided by law.
The report of the committee, which was favorable

::\IoNDAY, A uGrST 14, 1916.

9G7

to the passage of the resolution, was agreed to as amended.

L pon the passage of the resolution as amended the ayes and nays were ordered and the Yote was as follow~, to-wit.:

Those Yoting in the affinnatiYe were ::\Iessrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. carlton, .T. A Dobbs, E. P. Fagan, T.V. Fletcher, H. M.

Gillis, l-J. L. (~o,Jlshy, B. F. Handson, Pat
Harbin, 'r. W.
Harrison, ,V, T. Holden, Jno. F. LH\uence, A. A. :\[inter, C. C. ~f oon, E. T'. :\[cCrory, C. R. :\fc Farland, J. R. :\[cLanghlin, B. F.

Paulk, Geo. A. Paulk, :\I. J. Pickett, D. C. Smith, E. ::\f. Stovall, A. S. J. Thomas, J. R. Tison, :\Iark Tnw~. C. C. Ward, C. A. Way, J. B. Wren, W. J.

Tho~e voting in the negative were l\iessrs.-
Walker, J. D.

Those not voting were Messrs.-

Eakes, W. J. ::\Iangham, J. J. Peacock, Z. V.

Pickett, Roscoe Ransom, W. :\[.

Trammell, .T. R. Turner, T. R.

Ayes 35, nays 1.

The resolution, having received the requisite constitutional majority, was passed as amended.

By :1\Iessrs. ::\Iorris and Dorsey of CobbA resolution to appropriate $1,000 for improve-
ment and care of (;onfederate Cemetery at ::\Iarietta, Georgia.
::\Ir. \Yalker offered the following amendment, which was adopted, to-wit.:

968

JouRNAL OF THE SENATE,

Amend House Resolution No. 48 by adding to the last word in line 16, page 2, the following words:

''Provided no funds appropriated under this bill shall be available until all appropriations made by the Legislature last November for maintenan~e purposes for 1916 and 1917, especially the public school and pensions appropriations for these two years have been paid.''

The report of the committee, which was favorable to the passage of the resolution, was agreed to as amended.

Upon the passage of the resolution the ayes and nays were ordered and the vote was as follows, towit.:

Those voting in the affirmative were Messrs.-

Adams, J. 0: Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Gillis, N. L.

Goolsby, B. F. H;~ralson, Pat Harbin, T. W. Harrison, W. T. Holden, Jno. ~'.
Lawrence, A. A.
i\Iinter, C. C. i\feCrory, C. R. .\JcFarland, J. R.

Peacock, Z. V. Pickett, D. C. Smith, E. M. Tison, Mark Tracy, C. C. Turner, T. R. Ward, C. A. Way, J. B. wren, W. J .

Those voting in the negative were Messrs.-

Fletcher, H. M. Mangham, J. J.

.\[oon, E. T. McLaughlin, B. F.

Thomas, J. R.

Those not voting were Messrs.-

Burnside, J. B. Carlton, J. A. Eakes, W. J. Paulk, Geo. A.

Paulk, lVL J. Pickett, Ro3coe Ransom, W. i\I.

Stovall, A. S. J. Trammell, J. R. Walker, J. D.

Ayes 28, nays 5.

MoNDAY, AuausT 14, 1916.

969

The resolution, having received the requisite constitutional majority, was passed as amended.

By Mr. Haynes of GordonA bill to appropriate $500.00 to the Trustees of
Resaca Confederate Cemetery.

Mr. Walker offered the following amendment, which was adopted, to-wit.:

Amend by adding to the last word in line 34 of Section 1, page 3, the following words :

''Provided no funds appropriated under this bill shall be available until all appropriations made by the Legislature last November for maintenance purposes for 1916 and 1917, and especially the public school and pensions appropriations for these years have been paid.''

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Messrs.-

Adams, J. 0. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Carlton, J. A. Dobbs, E. P.

Fagan, T.V. Fletcher, H. M. Gillis, N. L. Goolsby, B. F. Harbin, T. W. Harrison, W. T. Holden, Jno. F. 1\Iinter, C. C. McCrory, C. R.

:\IcFarla.n..: J. R. Smith, E. M'. Tison, Mark Tracy, C. C. Turner, T. R. Ward, C. A. Walker, J. D. Way, J. B.

Those voting in the negative were Messrs.-

Mangham, J. J. :Moon, E. T.

McLaughlin, B. F. Paulk, Geo. A.

Peacock, Z. V. Thomas, J. R.

970

JouRNAL OF THE SENATE,

Those not voting were .Messrs.-

Akin, L. R. Bakes, W. J. RaraL~on, Pat Lawrence, A. A.

Paulk, :i\I. J. Pickett, D. C. F1~kett, Roscoe Ransom, W. 1\I.

Stovall, A. S. J. Trammell, J. R. Wren, W. J.

Ayes 26, nays 6.

The bill, having received the requ~site constitutional majority, was passed as amended.

By MessTs. Blackburn, Atkinson and Andrews-

A hill to amend an Act creating a municipal court

of Atlanta.



1\lr. Dobbs offered the following substitute, which was adopted:

A BILL

To be entitled an Act to amend an Act entitled an Act carrying the effect of the provisions of amendments to Paragraph 1, Section 7 of Article 6, Constitution of State of Georgia, ratified October 2, 1912, the Act herein referred to being approved August 14, 1913; the Acts amendatory thereto and providing for an increase in the salary of the marshal and cl1ief clerk to the marshal of said court; for the power of granting of non-suit, and directing verdicts and giving to the eourt power to control its judgments and setting aside the same, and for conferring upon the Appellate division of said court the power of entering final judgment and for the dispensing with services of the deputy marshals and deputy clerks of said court.

:MoNDAY, AuausT 1-, 1916.

971

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That on and after the approval of this Act, that Section 24 of tht Act as approved August 14, 1913, be and the same is hereby amended by striking from said section the word ''eighteen'' as the same appears in line twehe (12) of said section between the words "paid" and "hundred" and inserting in lieu thereof the words "twenty-one."

Amended further by striking from said section the word "fifty" as same appears in line thirteen (13) between the words "and" and "dollars" and inserting in lieu thereof the words "seventy-five" so that said section as amended will read as follows:
''SEc. 24. Be it further enacted by the authority aforesaid, That there shall be a marshal of said court and four deputy marshals; pro'l/ided, howe,er (that the Commissioners of Roads and Revenues of Fulton County may, in their discretion, authorize the appointment of additional deputy marshal). The marshal and deputy marshalS' of said court shn ll be selected from the qualified electors and residents of the city of Atlanta and shall be appointed by the judges of said court, and in the event said judges are evenly divided as to any appointment, the nominee of the chief judge shall be selected. Their term of office shall be four ~'ears. The marshal of said court shall be paid twenty-one hundred dollars per annum, payable onf' hundred and seventy-five dollars per month. Each deputy marshal shall be paid fifteen hundred dollars per year, payable one hun-

972

JouRNAL OF THE SENATE,

dred and twenty-five dollars per month. The chief marshal and each deputy marshal of said court shall execute a bond with good security, to be approved by the chief judge of said court, payable to the Board of Commissioners of Roads and Revenues of Fulton County, Georgia, in the sum of twenty-five hundred dollars for the faithful discharge of the duties of his office. The duties, powers, rights, authority and liabilities of said marshal, and each of s-aid deputies, shall be the same as those prescribed for constables elected or appointed, and serving in justice courts of this State, and in addition the same as those prescribed by law for the sheriffs of the several counties so far as the same are consistent with the terms of this Act, and such other duties as may be prescribed from time to time by the judges of said court in the rules of court. The clerk, the deputy clerk, the marshal, and deputy marslial of said court shall be subject to rule before the chief judge of said court for the like causes and in the like manner as the sheriffs and clerks of the superior court and constables of this State may be ruled by the superior court.
SEc. 2. Be it further enacted by the authority aforesaid, That Section 41 of the Act as approved of date August 14, 1913, be and the same is hereby amended by adding after the words "new trial" as same appears in line 4 of Section 41 the following words: "or may grant a new trial with instructions to the trial judge, or may refuse a new trial on terms stated in its judgment, and in an cases where the error complained of is error of law which must finally govern the case, the Appellate Division shall

MoNDAY, AeGLTST 14, 1916.

973

have authority in its discretion to enter final judgment, or enter such other judgment as in the opinion of said Appellate Division the record therein may authorize without sending it back to the trial judge for another trial,'' so that said section as amended will read as follows:
SEc. 41. Be it further enacted by the authority aforesaid, There shall be an Appellate Division of said court for the hearing of matters arising in civil causes therein, and with power to grant or refuse new trials, or may grant a new trial with instructions to the trial judge, or may refuse a new trial on terms stated in its judgment, and in all cases where the error complained of is error of law, which must finally govern the case, the Appellate Division shall have authority in its discretion to enter a final judgment, or enter such other judgment, as in the opinion of the Appellate Division the record therein may authorize without sending it back to the trial judge for another trial, in cases brought to said Appellate Division, as hereinafter provided. Said Appellate Division shall consist of three judges, one of whom shall he the chief judge, unless such judge had presided on the trial of the case appealed; said division to sit as often as may he necessary to dispose of all cases appealed thereto; and the judge to sit in said division to be designated by the chief judge.

SEc. 3. Be it further enacted, That Section 8 of the Act amending the Act creating the Municipal Court of Atlanta as- approYed August 14, 1916, be

974

JouRNAL OF THE SENATE,

and the same is hereby amended by striking the words ''not more than one hundred and fifty dollars per annum,'' as appears in lines 11 and 12 of said Section 8, and inserting in lieu thereof as follows: "Twenty-one hundred dollars per annum, payable in monthly installments of one hundred and seventyfive dollars each, so that said Section 8 of the Act approved August 17, 1914, shall read as follows:
SEo. 8. Be it further enacted by the authority aforesaid, That the judge of said court shall have authority to appoint a deputy marshal to be known as chief clerk in the marshal's office who shall have the same powers and be subject to the same liabilities and restrictions as now delegated to the marshals or deputy marshals of said court, and in addition to the duties now imposed upon deputy marshals, shal1, under the direction of the chief judge of said court, perform such clerical services and duties in the marshal's office as may be required of him. He shaH receive as his compensation the sum of twentyone hundred dollars per annum, payable in monthly installments of one hundred and seventy-five dollars each, to be paid in like manner as the salary of marshals and deputy marshals as now provided for.

SEc. 5. Be it further enacted by the authority aforesaid, That any judgment rendered by any judge of the Municipal Court of Atlanta shall during the same term be in the breast of said court, and said judge shall have the right to vacate, modify or set aside said judgment during the same term upon the same grounds as may be done by the judges of

:\loxinY, ArGC::>T 1-1-, l!liG.

(. I'I-,:)

the superior comts of this ~tatP, and sllall have the same pow(r and authority to va<atP, modif~. S<l aside or clwngP at an: time any of its jlHlg1nents as is now conferr<>d upon or ('XPrcisP<l hy tlw judgPs of the superior courts of this Htate.
Sr:c. 6. BP it fmtl:er <>naf'te<l h: the autl10rity aforesaid, That on and after tlw passage of this .Ad that the majorit~ of th< judgt'S of said <'omt 1w1: nmon the <lPJnty ciPrks of deputy mar~lwls at plea:-:.u re.
Cpon tlH ]Hlssage of tlJP bill hy snlstitntl tl:i ayes W<'n' :ll and nays 0.
The lill, haYing n<<>i,<d th< nquisitP constitutional majorit:, was pw:>;.;<d hy suhstitnt<.

By :\l!". Connor of Spalding~\ re=-olution to pay off old halmH< to ( harks \Y.
( rankshaw for silnr sPn-i<'P pbtF<I on Battlt:dJip '' Oc>orgia. ''

Cpon a motion ma<ll' to ta blt t IJp I'<solutiou t 1: t a~<s awl nn~s were ord<'l'Pd all(] t h< \'ott> was a:o follows:

'l'hosl' voting in tilt> affinnati\'<' \nn Jl<'SSl's.-

Bonner, "f.. B. Fletcher, H. ~I. Harrison, \V. T. Lawrence, A. A.

:\le Farlan<l, ,J. R. :lleLaughlin, B. P. Pickett, D. C. Stovall, A. S. .J.

Thomas, .J. R. Tison, :\lark Tr:u.v, C. l'. Ward, C. A.

.\ <lnms, J. 0. Akin, L. R. Ilailey, L. S. llnchunan, \V. A.

Burnsi<le, .T. B. C:dlahav, J. \V, Dobbs, E. P. Fagan, T.V.

fiillis, X. L. <ioolsl>~. B. F. H:mdl<on. Put JJ,d,:n . .Tilo. F.

~1/()

.l<H'P.:'\AL OF THI~ fiJ.:NATE,

~[angham, J. J. ~linter, C. C. ~loon, E. T. :.rcCrory, C. R.

Paulk, Geo. A. Paulk, ~L J. Peacock, Z. Y.

Smith, E. M. Walker, J. D. Way, J. B.

Those not voting were .lUessrs.-

Boykin, H. A.
<arlton, J. A.
Eakes, vV. J.

Harbin, T. W. Pickett, Roscoe R.ansom, W. l\1.

Trammell, ,J. R. 'l'urner, T. R. wren, W. J.

"\yes 12, 1w~s JJ

'flle motl.on to tahl0 was lost.

The report of tlw rotmnittec, whi(h was fayorahl(' tn the passagP of the resolution, \\'as agned to as amended.

Upon the passag0 of the resolution th0 ayes and ltays wert> ord0red anrl .the vote \\'as as follows, to\\'i t. :

Those votillg m th0 affirmatin '"en JIPssrs.-

Adams, J. 0. Akin, L. R. Hailey, L. S. Hnchanan, IV. A. Burnside, J. B. < 'allahan, J. IV. <arlton, J. A. l'agan, T. Y.

Gillis, N. L. Haralson, Pat Holden, .Tno. F. Lawrence, A. A. :\lint~r, C. C. Paulk, Geo. A. Paulk, l\f. J.

Peacock, Z. V. Pickett, D. C. Smith, E. M. Thomas, .J. R. Ward, C. A. Walker, .T. D. Way, J. H.

Those voting in tlw nPgatin \\'C'l'l' Jfessrs.-

I:onner, T. B. Boykin, H. A. Fletcher, H. M. ( :oolsh_Y, R. F. Hanison, W. T.

~fa11gharn, J . .J. .\IO<lll, K T. \f,Crory, C. R. ~ld'arland, J. R.

l\fcLaughlin, B . .!<'. StoYall. A .. S. J . Tison, ~lark Traey. ('. ('.

ThoH~ not voting \\'('J'C' }fessrs.-

llobbs, E. P. Fahs, \Y. J. Harbin, T. IV.

f'iekett, Ro3coe R;~nsom, IV. :\1. Tram;11ell, .T. R.

Tmner, T. R. Wren, W. .J.

1\yrs :22, na:s 13.

MoNDAY, Auo"L"ST 14, 1916.

977

The bill, haYing failed to receive the requisite con:-;titutional majority, was lost.
The following House bill was read s<~cond time, and recommitted:
To anwnd Article 11, Section 1, Paragraph 2 of the Constitution.
The follmving House hill was read the second time, to-wit.:
B~" :Messrs. Ennis of Baldwin and othersA bill to appropriate the sum of $200,000 for the
l-'tate Sanitarium near :MilledgeYille, Ga. The following message was read from the Gov-
<'rnor, to-wit.:

!:::hATE OF GrwnmA,
ExECUTTn; DEPARTMENT,
August 14, Hll6.
To the (;eneral Assemuly:
There are pending before ~'OU measures intPnded to relieve the congestion in the Court of Appeals and the Supreme Court b~' the addition of til rpe new judges to tlw former, an<l the distribution of tlH' lmsiness of the courts on a different anclmon' logical lH:tsis than that which exists at present, so as to rpmecly the condition of thPse courts.
The necessity for sonw such measures as those in question is almost oYerpowering. It has rome to that 11oint. T am informed, wlwn a large numlwr of <'aSPS will be affirnH'<l hy operation of law unlf'ss som<'thinp: is clone to remedy the situation.
Litigation has gTaduall~- increased in Gf'orgia for the lnst seYeral years and the dockets of the eourts

9/8

Jo"LRXAL oF THE SEXATE,

of last resort haYe piled up with eases to such a dt>gne that it taxes the strPngth of tlt(' jutlg(s lwyond the point of endurance to complete the work of Pa1h
tNlll.
At the present term of the Court of .Appeals, I Hill told, some 1;)0 eases had to be tri0d without uml argmnent. In the Supreme ( 'ourt :l;}() casPs <.li'P in thP same condition. This is praeticnlly a d( ninl of tl11 eonstitutional right of every man to han it is ('<IS<' prescnte(l by eolmS(l to tltt> 1onrt. 'l'h( hri11' was neYer intended to entire)~ take tli( phu I' of oral argument in our system of ji.Hlieial trials. Tl!e dt lays, as 1 have heqmntly stattd to yon iu fomHt cmml!unieations, oft(n amount to a d1uia! of ju;;t.itt.
or Litigants forget their ('C\Sl'S, law~ers lo:w sight
tlt(lir elients' rights, and tltP failure to dP1ide ofteutimes brings about so many <hangp:-; that litigant;; tlwmsclves sometinws lwt'onw iudiffpnnt to the l'Psult.
The measur(s now }ll'IHling IH'fore your hotly haYP hNn appron~cl hy the most thoughtful of tlw profes:-;ion.. ThEy han ncPiYPil tlw earefnl attPntion of the legal eommittf:'es in the House and Renate, and I trust \rill l'Nldily coimHau<l your intPrest awl support. If anwndnwnts an ncetl<>d, let your legal minds eonsider this, hut ahoYe all thing:;;, this L<gish1ture, celehrate<l for tht' inauguration of the gr(late~t reforms that Georgia has enr known, ean not hc>ttPr roulHl out its work than h~ extending ai<l to the higlwst tribunals of tlw la111l so a~ to iusnrP d<l'isions of eas<>s lwfore these det'isions have heconH a matter of utter iwlifferen('e to those "ho are most

:MoNDAY, AuGUST 14, 1916.

979

concerned. I beg you in these last moments of your session to give your attention to this subject and add the capstone to your work by this judicial reform.
Respectfully submitted, N. E. HARRis, Governor.
Upon motion of Mr. Paulk of the 6th District, the Senate adjourned until tomorrow morning a.t 9 o'clock.

980

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
Tuesday, August 15, 1916.
The Senate met pursuant to adjournment at 9 o'clock, A . .M., and was called to order by the President.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the Journal of yesterday's session was dispensed with.
Mr. Peacock moved to reconsider the action of the Senate on yesterday in passing the following House bill, to wit.:
By .Mr. VeazeyA bill to provide for inspection by State au-
thorities of every private institution in which citizens of Georgia and every other State are confined.
The motion was withdrawn.
.:\fr. Adams moved to reconsider the action of the Senate on yesterday in failing to pass the following resolution of the House, to wit.:
By Mr. Connor of SpaldingA resolution to pay off old balance due Charles \Y.
Crankshaw for silver service.
Upon motion to reconsider the ayes and nays were ordered, and the vote was as follows:

TuESDAY, AuGusT 15, 1916.

981

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Buchanan, W. A.

Fagan, T.V. Gillis, N. L. Haralson, Pat Lawrence, A. A. Paulk, Geo. A.

Peacock, Z. V. Smith, E. M. Thomas, J. R. Ward, C. A. Way, J. B.

Those voting in the negative were Messrs.-

Boykin, H. A. Dobbs, E. P. Harbin, T. W. Holden, .Tno. F. Minter, C. C.

:\ioon, E. T. McCrory, C. R. :\IcFarland, J. R. :\lcLaughlin, B. F.

Stovall, A. S. J. Tison, :Mark Tracy, C'. C. Turner, T. R.

ThoS"e not voting were Messrs.-

Burnside, J. B. Callahan, J. W. Carlton, J. A. Eakes', W. J. Fletcher, H. M.

Goolsby, B. F. Harrison, W. T. :\iangbam, J. J. Paulk, M. J. Pickett, D. C.

Pickett, Roscoe
Ransom, w. ut.
Trammell, J. R. 'Walker, J. D. 'Vren, W. J.

Ayes 15, nays 13.

The motion prevailed and the resolution was reconsidered.

:Jir. Smith, of the 3'4th District, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. President: Your Committee on Constitutional Amendments
has had under consideration the following bills of the House and instructed me as their chairman to report same back to the Senate with the recommendation that same do pass:
No. 1078. By :M:r. Carter of Bacon-

982

JouRNAL OF THE SENATE,

A bill to be entitled an Act to amend Article 11, Section 1, Paragraph 2 of the Constitution, etc.
Respectfully submitted, E. :JL SMITH, Chairman.

:Mr. :Moon, of the 37th District, .Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President:
Your Committee on General Judiciary has had under consideration the following bill of the House and instructed me, as their Chairman, to report same back to the Senate with the recommendation that same do pass, to wit.:
A bill to amend Section 185, Volume 1, Code of 1910, so as to reduce the number of copies of Georgia Reports reprinted from electrotype plates.
Respectfully submitted, E. T. :MooN, Chairman.

:Jir. Goolsby, of the :28th District, Chairman of the Committee on Counties and County :Jlatters, submitted the following report:

Mr. President:
Your Committee on Counties and County :\fatters has had uncler consideration the following bill of the House and instructed me as their Chairman to report same back to the Senate with the recommendation that same do not pass, to wit.:

TuESDAY, Aua1:sT 15, 1916.

983

A bill to fix the salary of the Treasurer of Grady County.
Respectfully submitted, GooLSBY, Chairman.

Mr. Peacock, of the 14th District, Chairman of the Committee on Corporations, submitted the following- report:

111r. President : Your Committee on Corporations has had under
consideration the following- bill of the House and instructed me as their Chairman to report same back to the Semite with the recommendation that same do pass, to wit.:
A bill to create a new charter for the town of Rockledg-e.
A bill to amend the charter of the City of LaFayette.
Respectfully submitted, Z. V. PEACOCK, Chrmn.
~tfr. ~loon, of the 37th District, Chairman of the Committee on General .Judiciary, submitted the following report:

lllr. President: Your Committee on General Judiciary has had
under consideration the following- bill of the House and instructed me as their Chairman to report same back to the Senate with the recommendation that same do pass, to wit.:

984

JouRNAL OF THE SENATE,

A bill to require of the clerk of every superior court of Georgia to keep in his office a combined execution docket of the Superior Court
Respectfully submitted, E. T. :YiooN, Chairman.
:Mr. Boykin, of the 17th District, Chairman of the Committee on Enrollment, submitted the fo1lowing report:

Mr. President: Your Committee on Enrollment report as duly
enrolled and ready for the signature of the President of the Senate and Speaker of the House the following .Acts and resolution, to wit.:
An Act to authorize the City of Hogansville to incur a debt or debts for the purpose of establishing a system of waterworks and electric lights.
An Act to amend an Act of the General Assembly in regard to the Department of Horticulture and Pomology, approved Dec. 20, 1898.
An Act to amend the charter of the City of Gainesville.
An Act to amend Section 16, Vol. 1 of the Code, defining the boundaries of this State.
An Act to repeal an Act to incorporate the City of Isabella.
An Act to amend Section 1041 of the Civil Code of 1910.
A resolution to authorize the C<bmpiler of State

TuESDAY, AuGUST 15, 1916.

985

Records to accept for safekeeping, historical records collected by the D. A. R.
Respectful1y submitted, H. A. BoYKIN, Chairman.

Mr. Boykin, of the 17th District, Chairman of the Committee on Enrollment, submitted ~he following report:

Mr. President: Your Committee on Enrollment report as duly
signed by the President of the Senate and Speaker of the House, and delivered to the Governor the following Acts and resolution, to wit.:
An Act to authorize the City of Hogansville to in~ur a debt or debts for the purpose of establishing a system of waterworks and electric lights.
An Act to amend an Act of the General Assembly in regard to the Department of Horticulture and Pomology, approved Dec. 20, 1898.
An Act to amend the charter of the City of Gainesville.
An Act to amend Section 16, Vol. 1 of the Code, defining the boundaries of this State.
An Act to repeal an Act to incorporate the City of Isabella.
An Act to amend Sec. 1041 of the Civil Code of 1910.
A resolution to authorize the Compiler of State

986

Jol:RXAL oF THE SENATE,

Records to accept for safekeeping, historical records collected by the D. A. R.
Respectfully submitted, H. A. BOYKIN, Chairman.

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

J.1I r. President: The House has passed by the requisite constitu-
tional majority the following bills of the Senate, to wit.:
A bill to prescribe the number of judges of the Court of Appeals of this State.
A bill to amend an Act of the General Assembly in regard to the Department of Horticulture and Pomology, apprond Dec. :20, 1898.
A bill to authorize hanks and trust companies to accept drafts and bills of exchange drawn on them and for other purposes.
A bill for the office of Xotaries Public at Large for the State of Georg-ia.
A bill to amend the charter of the City of GainesYille.
The House has passed by the requisite constitutional majority, as amended, the following resolution of the Senate,-to wit.:
A resolution releasing J. R. -Westberry, Sr., as security on criminal bond.

TuESDAY, Aum:sT 15, 1916.

987

The House has adopted the following resolutions of the Senate, to wit.:
A resolution requesting the House to return to the Senate, House Bill No. 984.
A resolution requesting the House to return to the Senate, House Bill No. 995.
The House has adopted the following resolution, in which the concurrence of the Senate is asked, to wit. :

A resolution providing for the bringing up of the unfinished business of the session 1916, of the General Assembly.

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

111r. P1esident: The House has adopted the following resolution,
in which the concurrence of the Senate is asked, to wit.:
A resolution designating the Cherokee Rose as the floral emblem of the State of Georgia.
The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof:

111r. P1esident:
The House has passed by the requisite constitutional majority the following bills of the Senate, to wit.:

988

JouRNAL OF THE SENATE,

A bill to fix the salary of the Treasurer of Upson County.
A bill to amend the charter of the City of Helena.
The House has passed by the requisite constitutional majority, as amended., the following bills of the Senate, to wit.:
A bill to create the City Court of Morgan.
A bill to amend the general Act for the incorporation of railroads.
The House has concurred in the Senate amendments to the following bills of the House, to wit.:
A bill to provide for the creation of the Georgia State Highway Commission.
A bill to appropriate $50,000 for the building of a dormitory upon the campus of the South Georgia Normal College at Valdosta.
The House has passed by the requisite constitutional majority by substitute the following bill of the Senate, to wit.:
A bill to amend Section 2, Article 6 of the Constitution of Georgia, relative to Supreme Court.
The House has disagreed to the Senate amendments to the following bill of the House, to wit.:
A bill to amend Section 129 of the Code of 1910, relative to primary elections for Governor, U. S. Senate, State House officers, etc.
The fo11owing message was received from his Ex-

TuESDAY, AuousT 15, 1916.

989

cellency, the Governor, throug-h his Secretary, :M:r. Jones:

Mr. President : I am directed by his Excellency, the Governor, to
deliver to the Senate a sealed communication for which he respectfully asks consideration in executive session.
The following House bills were read the second time, to wit. :

By ::\Ir. Bale of FloydA bill to make the larceny of automobiles a felony.

By ::\Ir. BlackburnA bill to punish wearers of badges and emblems,
not entitled to wear same.

By ::\Ir. ColemanA bill to create the City Court of Morgan.

By ~fr. Davis of LaurensA bill to create a new chart~r for the town of
Rockledg-e.
By Messrs. Culpepper and williams of 1i1eriwetherA bill to amend Section 185, Vol. 1 of the Code of
1910.

By Messrs. \Vebb and GriffinA bill to amend Section 2820 of the Code of 1910.
By ~Ir. BlackburnA bill to amend an Act regulating the practice of
barbers.

990

JouRNAL OF THE SENATE,

By Messrs. Moore of Heard and Hopkins of Thomas-
A bill to appropriate $161.75 fee of stenographer for joint committee on auditor's report.

By Messrs. Blackburn, Atkinson and AndrewsA bill to appropriate $1:2,500 to the Georgia Train-
ing School of Girls.
The following House bill was read the second time and recommitted to the Committee on Pensions, to wit.:

By Mr. Dorsey of CobbA bill to amend Section 1483 of the Penal Code. The following House bill was taken up with an
adverse report of the committee, to wit.:

By Mr. Swift of MuscogeeA bill to repeal an Act granting right of way to
Cincinnati Southern Railway where its route adjoins that of Western and Atlantic Railroad.

::\1r. Persons moved to disagree to the adverse report of the committee, and upon this motion the ayes and nays were ordered. The vote was as follows:

Those voting in the affirmative were Messrs.-

Bailey, L. S. Bonner, T. B. Boykin, H. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Fagan, T.V.

Fletcher, H. M. Goolsby, B. F. Harbin, T. W. Harrison, W. T. Hoh1en, Jno. F. Mangham, J. J. 1\[oon, E. T.

l\fcCrory, C. R. McFarland, J. R. Pickett, D. C. Pickett, Roscoe Stovall, A. S. J. Tison, :\lark Tracy, C. C.

TuESDAY, AuausT 15, 1916.

991

Turner, T. R. Walker, J. D.

Way, J. B. Wren, W. J.

:\Ir. President.

Those voting in the negative were Messrs.-

Adams, J. 0. Akin, L. R. Buchanan, W. A. Gillis, N. L.

Haralson, Pat Lawrence, A. A. :\linter, C. C. :\[cLaughlin, B. F.

Peacock, Z. V. Smith, E. M. Thomas, J. R Ward, C. A.

Those not voting were Messrs.-

Carlton, J. A. Eakes, W. J.

Paulk, Geo. A. Paulk, l\1. J.

Ransom, W. M. Trammell, J. R.

.Ayes :26, nays 1:2.

The report of the committee was disagreed to. The hill was read the second time. The following House bills were read the third time, to he put upon their passage, to wit.:

By ::\Ir. Harris of \YalkerA bill to abolish the office of Treasurer of "\Valker
County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, na)'S 0.
The bill, having received the requisite constitutional majority, was passed.

By l\fr. Pharr of GwinnettA bill to amend an Act creating the office of Su-
perintendent of Roads for Gwinnett County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

992

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 Messrs. Cravey of Dodge and Cook of TelfairA bill to amend an Act to incorporate the City of
Milan.
The report of the committee, which was favorable to the passage of the hill, 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. Jones of CowetaA bill to amend the charter of the City of .Milledge-
ville.
The report of the committee, which was favorable to the passage of the bill, 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. Harris of WalkerA bill to amend the charter of the City of La-
Fayette.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TuESDAY, Aum:sT 15, 1916.

993

Upon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By .XIr. Evans of ScrevenA bill to establish a system of public schools for
the District of Sylvania.
The report of the committee, which was favorable to the passage of the bill, 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. Lowe of OconeeA bill to amend the charter of the town of "\Vat-
kinsville.
The report of the committee, which was fayorable to the passage of the bill, was agreed to.
"Cpon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By :VIr. Stewart of CoffeeA bill to create a county depository in and for
Coffee County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

994

JorRNAL OF THE SEXATE,

Upon the passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By :\fr. Blackburn of FultonA bill to fix the salary of the Clerk of the Board
of Commissioners of Fulton County.
The report of the committee, which was favorable to the passage of the bill, 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 :\Ir. Nunn of HoustonA bill to amend an Act to establish the City Court
for Houston County.
The report of the committee, which was favorable to the passage of the bill, 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 :\fessrs. Bale, Anderson and Findley of FloydA bill to amend an Act for the collection of com-
mutation tax in all counties where the population is over 36,725 and not over 50,000.

Tu-ESDAY, AcGU"ST 15, 19lfi.

99:)

The report of the committee, which was favorable to the passage of the bill, was ag.reed to.
Upon the passage of the bill the ayes were 30, nays 0.
The hill, having received the requisite constitutional majority, was passed.

By }Ir. Hopkins of ThomasA bill to amend Seetion 4688 of the Code of 1910,
Volume 1.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bill, having receiYed the requisite constitutional majority, was passed.

By }fr. Cooper of \VareA bill to amend Section 93'2, Volume 1 of tlre
Code of Georgia adopted August 15, 1910, so as to permit females to practice the profession of law.
:VIr. Pickett of the 41st Distrirt offered the following amendment:
''Provided, however, that this Act shall not bef'Ome effective until submitted to the voters of this State at the next general election thereof, and ratified by a majority of the votes cast at said election and the managers of said election shall have written or printed upon the ballots the words ''For the wo-

996

JouRNAL OF THE SENATE,

man's lawyer's ~-\.ct' ', and the words ''Against the woman's lawyer's Act", and it shall be the duty of said election managers to count said ballots, and certify the same to the Secretary of State, who shall <(rtify the result of said election to the Governor and lw shnll declare the result in the manner prescribed by law in general elections and publish the same in ~ome daily newspaper of this State.
r }lOll the adoption of the amendment the ayes and
nays were ordered nncl the Yote was as follows:

Those voting in the affirmative were :Messrs.-

Fagan, T.V. Fletcher, H. M. Paulk, Geo. A. Pea.:o~k, Z. V.

Pickett, D. C. Pickett, Roscoe Smith, E. M. Thomas, J. R.

Ward, C. A. Way, J. B. Wren, W. J.

Those Yoting in the negative were :Messrs.-

Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Dohbs, E. P. Gillis, N. L. Goolsby, B. F. Haralson, Pat

H:ubin, T. W. Harrison, W. T. Hol<hn, .Trw. F. :.\I:wgham, J. J. :.\Iinter, C. C. ~loon, F.. T. ~rcCrory, C. R. :\lcFarland, J. R.

:VIcLaugblin, B. F. Paulk, i\I. J. Stovall, A. S. J. Tison, :\lark Tracy, C. C. Trammell, J. R. Turner, T. R. Walker, J. D.

Those not voting were Messrs.-

Adams, J. 0. Burnside, J. B. Callahan, J. W.

Carlton, .T. A. Eakes, vV .T.

Lawrence, A. A.
Ransom, ,V. :\I.

Ayes 11, nays 25.

The amendment was lost.

The report of the committee, which was favorable
to the passage ~f the hill, was agreed to.

TuESDAY, AuausT 15, 1916.

~)97

Fpon tht> passage of the bill the ayes and nays were onler<.>d and the vote was as follows:

Those voting in the affirmative were Messrs.-

Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Callahan, J. W. Dobbs, E. P. Goolsby, B. F. Harbin, T. W.

Harrison, W. T. llol<l<>n, .Tno. F. :\Iangham, J. J. )linter, C. C. )loon. E. T. )[cCrory, C. R. )feFarland, J. R. )fcLaughlin, B. F. Paulk, )f. J.

StoYall, A. S. J. Tison, )fark Traey, C. C. Trammell, J. R. Turner, T. R. 'Yanl, C. A. Walker, J. D. Wren, W. J.

Those voting in the negative were Messrs.-

Adams, J. 0. Fagan, T.V. Fleteher, H. M. Gillis, N. L.

Haralson, Pat Paulk, Geo. A.
Peacock, Z. V. Pickett, D. C.

Pickett, Roscoe Smith, E. M. Thomas, J. R. Way, J. B.

Those not voting were Messrs.-

Burnside, J. B. Carlton, J. A.

Eakl's, W. J. Lawrence, A. A.

Ransom, W. M.

Ayes :26, nay:-; 12.

The hill, having- receive(} the requisite constitutional majority, was passed.

By :Mr. Cook of TelfairA bill to amend an Act to incorporate the City
of Helena, in the County of Telfair.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon tl1e passage of the bill the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed.

998

JouRNAL oF THE SENATE,

By Mr. Davis of LaurensA bill to amend Section 3438 of the Civil Code.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

Upon the passage of the bill the ayes and nays \vere ordered and the vote was as follows, to wit.:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Gillis, N. L.

Haralson, Pat Harrison, W. T. Holden, .Jno. F. Lawrence, A. A. ::\Iangham, J. J. Minter, C. C. Paulk, Geo. A. Paulk, l\1. J. Peacock, Z. V. Pickett, D. C.

Smith, E. M. Thomas, J. R. Tison, :Mark Tracy, C. C. Trammell, J. R. 'l'urner, T. R. Ward, C. A. Walker, .J. D. vVay, J. B. Wren, W. J.

Those voting in the negative were Messrs.-

Burnside, J. B. Fletcher, H. M. li'lrbin, T. W.

::\foon, E. T. McCrory, C. R. :NicFarland, J. R.

McLaughlin, B. F. Pickett, Roscoe Stovall, A. S. .J.

Those not voting were Messrs.-

Carlton, J. A. E:'!kes, "' J.

Goolsby, B. F.

Ransom, W. :\I.

Ayes :30, nays 9.

The bill, having received the requisite constitutional majority, was passed as amended, and the amendment was as follows:

Committee amends by adding at end of Section 2 thE' qualifying words, to wit.: "the entire interest."

Upon motion of ::\Ir. Lawrence, the Senate voted to

TuESDAY, Aum;sT 15, 1916.

999

hold an afternoon session to convene at 3 o'clock, P.M.
Upon motion the sessiOn was extended for the purpose of holding an executive session.
The Senate went into executive session at 1 o 'clock, P. ::\f.
The executiYe session was dissolved, and the Senate took a recess until 3 o'clock, P. l\1.

The Senate reconvened at 3 o'clock, P. ilL, and was called to order by the President.

B~ unanimous consent the call of the roll was dispensed with.

The following resolution was read and adopted, to wit.:

By Mr. Boykin of the 17th District-
'Y\'HEREAS, Mrs. D. C. Pickett, wife of our coll~ague from the 11th District, has met with an accident, that will seriously affect her sight, and by reaso1i of which our colleague bas been deprived of his attendance for the remainder of this session of our deliberations:
THEREFORE, be it resolved by the Senate, That we extend to our colleague our profoundest sympathies to both himself and wife, and wish for her a speedy and complete recovery.
The following House bill was taken up for a third reading, to be put upon its passage, to wit.:

1000

JocRNAL oF THE SE~ATE,

By :Nir. Stewart of CoffeeA bill to amend Paragraph 3, Section 1, Article 11
of the Constitution of Georgia so as to create the County of Atkinson.
Mr. Lawrence moved to postpone action upon the bill until tomorrow morning immediately after the reading of the Journal.
Upon this motion the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Callahan, J. W. Fagan, T.V.

Gillis, N. L. Haralson, Pat Holden, Jno. F. Lawrence, A. A. McFarland, J. R. Smith, E. M. Stovall, A. S. J.

Thomas, J. R. Trammell, J. R. Ward, C. A. Walker, J. D. Way, J. B. Wren, W. J.

Those voting in the negative were Messrs.-

Minter, C. C. Moon, E. T. Paulk, Geo. A.

Paulk, M. J. Peacock, Z. V.

Tison, Mark Tracy, C. C.

Those not voting were Messrs.-

Buchanan, W. A. Burnside, J. B. Carlton, J. A. Dobbs, E. P. Eakes, W J.

Goolsby, B. F. Harbin, T. W. Harrison, W. T. ~Iangham, J. J. McCrory, C. R.

McLaughlin, B. F. Pickett, D. C. Pickett, Roscoe Ransom, W. M. Turner, T. R.

Fletcher, H. M.

Ayes 20, nays 7.

The motion prevailed.

}fr. Smith moved to table the following bill of the House, to wit.:

TuEsDAY, AuGUST 15, 1916.

1001

By Messrs. Carter of Bacon and Parker of WareA bill to amend Article 3, Section 2, Paragraphs
1 and 2 of the Constitution of Georgia so as to increase the number of Senatorial Districts.
Upon this motion the President ordered the ayes and nays called. The vote was as follows:

Those voting in the affirmative were :Messrs.-

Adams, J. 0. Bailey, L. S. Callahan, J. W. Harrison, W. T.

Minter, C. C. l\loon, E. T. McCrory, .C. R. McFarland, J. R.

Smith, E. M. Trammell, J. R. Ward, C. A. Walker, J. D.

Those voting in the negative were Messrs.-

Akin, L. R. Boykin, H. A. Buchanan, W. A. Dobbs, E. P. Fagan, T.V. Gillis, N. L. Ifnalson, Pat

Holden, Jno. F. Lawrence, A. A. Paulk, Geo. A. Paulk, M. J. Peacock, Z. V. Pickett, D. C.

Stovall, A. S. J. Thomas, J. R. Tison, Mark Tracy, C. C. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Bonner, T. B. Burnside, J. B. Carlton, J. A. Eake~~, W. J.

Fletcher, H. M. Goolsby, B. F. Harbin, T. W. Mangham, J. J.

McLaughlin, B. F. Fiekett, Roscoe Ransom, W. M. Turner, T. R.

Ayes 12, nays 19.

The motion was lost.
Upon motion of ~fr. Stovall, House Bil1 No. 109 was set as a special order for tomorrow to follow the first special order.

The following House resolution was read and concurred in, to wit.:

1002

J Ol:RNAL OF THE SENATE,

By }fessrs. Atkinson, Bale and GriffinA resolution to adopt the Cherokee rose as the flor-
al emblem of the State of Georgia.
The following House bills and resolutions were read the third time, to be put upon their passage, to wit.:

By -:\1r. Evans of ScrevenA resolution for the relief of Press Buxton.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
Upon the passage of the resolution the ayes were 30, nays 0.
The resolution, ha,ing receive<l the requisite constitutional majority, was passed.

By -:\fr. Beck of CarrollA bill to amend Section 15:16 of the Code of 1910,
b~ providing for existing contracts made by Boards of Education, when local tax is repealed.
The report of the committee, which was faYorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were :30, nays 0.
The bill, having receiYed the requisite constitutional majority, was passed.
By Messrs. Blacklmrn and Andrews of FultonA resolution pro,iding for the furnishing of Su-

TcESDAY, AuGUST 15, 1916.

1003

preme Court and Court of Appeals Reports and Acts of the General Assembly to the County of Fulton.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
Upon the passage of the resolution the ayes were 3'0, nays 0.
The resolution, having received the requisite constitutional majority, was passed.

B~ }lr. Heath of BurkeA bill to amend an Act approved August 16, 1915,
creating Juvenile Court in certain counties.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
Upon the passage of the bill as amended the ayes were 30, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended and the amendments are as follows:
Amendments to House Bill Ko. 768. 1st. Between the words ''Act'', and ''approved,''
in the first line of the title add the words ''to amend an Act.''
:!d. By striking Section :! of the original bill.
:-Jd. By striking Section 4.
4th. By striking Section 7 and inserting the following:

1004

JouRNAL OF THE SENATE,

''The writ of certiorari to the Superior Courts shall lie to all final judgments of the Juvenile Courts as now lies from justice or other inferior courts, but no direct writ of error shall lie to either of the Appellate Courts.''

5th. By adding between the words ''shall'' and "appoint", in seventh line of Section 5, sub-division (b) the words "with the concurrence of the .Judge of the Superior Court.''

By Messrs. Rich of Miller and Peacoc~ of Dougherty-
A bill to provide for the special registration for any election in any county to determine whether said county can create a debt.
The report of the committee, which was favorable to the passage of the bill as amended was agreed to.

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

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Boyk.in, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P.

Fagan, T.V. Gillis, N. L. Goolsby, B. F. Harrison, W. T. Lawrence, A. A. ::\iinter, C. C. ~1 cLaughlin, B. F. Paulk, Geo. A.

Paulk, 1\f. J. ::>mith, E. M. T1son, Mark Trammell, J. R. Ward, C. A. Walker, J. D. Wren, W. J.

Those voting in the negative were ~iessrs.-

:\Ioon, E. T. .\fcFarland, J. R

Stovall, A. S. J. Thomas, J. R.

Way, J. B.

TuESDAY, AuGUST 15, 1916.

1005

Those not voting were Messrs.-

Bonner, T. B. Carlton, J. A. Eakes, W. J.

Harbin, T. W. Holden, Jno. F. Mangham, J. J.

Pickett, D. C. Pickett, Roscoe Ransom, W. ilL

Fletcher, H. M. Haralson, Pat

McCrory, C. R. Peacock, Z. V.

Tra~y, C. C. Turner, T. R.

Ayes 23, nays 5.

The bill, having received the requisite constitutional majority, was passed as amended, and the amendment was as follows:

The committee amends by striking the words '' thirty days,'' at the second line from the end of the first section and substituting the words "sixty days", in lieu thereof.

By Messrs. Hines and Lane of TroupA bill to require all purchasers of cottonseed m
the State of Georgia to keep a record thereof, showing description, seller, date of purchase, etc.
:\Ir. Moon offered the following amendment, which was adopted, to wit. :
Amend by striking the word "five", in line fourteen in Section 1 of said bill and inserting in lieu thereof the word ''ten''; also by striking all of Section 1 beginning with the word ''the'' in line nineteen.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
Upon the passage of the bill as amended the ayes were 30, nays 0.

1006

JouRNAL OF THE SENATE,

The bill, ~aving received the requisite constitutional majority, was passed as amended.

By ~1r. Pickeren of CharltonA resolution to furnish Georgia Reports to the
Ordinary and Clerk of the Superior Court of ('harlton County.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
Cpon the passage of the resolution the a~'e,: were 30, nays 0.
The resolution, having received the requisite tonstitutional majority, was passed.

By :\lr. l!'ullbright of BurkeA resolution authorizing the Treasurer to transfer
certain funds to account of Keeper of Puhlic Buildmgs.
The report of the committee, which was faYorable to tl1e pn~sage of the resolution, was agreed to.
l ~pon the passage of the resolution the ayes were 31, nays 0.
The resolution, haYing received the requisite constitutional majority, was passed.

By ~~ r. Davidson of PutnamA resolution to appropriate the sum of $60 to pay
tht> pension of }frs. Z. E. A. Spence of Putnam ( 'ounty.

TuESDAY, AuousT 15, 1916.

1007

The report of the committee, which was favorable
to the passage of the resolution, was agreed to.

upon the passage of the resolution the ayes and nays were ordered and the vote was as follows, to wit.:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Boykin, H. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Fletcher, H. M. Gillis, N. L. Goolsby. R. F.

Haralson, Pat Harbin, T. W. Holden, .rno. F. Lawrence, A. A. :\linter, C. C. :\Ioon, E. T. ~fcCrory, C. R. :\fcFarland, J. R. :\fcLanghlin, R. F. Paulk, M. J. Peacock, Z. V.

Smith, E. M. Thomas, J. R. Tison, Mark Tracy, C. C. Trammell, J. R. Turner, T. R. Ward, C. A. Walker, J. D. Way, J. B. Wren, W..J.

Those not voting were Messrs.-

Bonner, T. B. Buchanan, W. A. Carlton, J. A. Eakes, W. J . .

Harrison, W. T. Mangham, J. J. Paulk, Geo. A. Pickett, D. C.

Pickett, Roscoe Ransom, W. M. Stovall, A. 8. J.

Ayes 3~, nays 0..

The resolution, having received the requisite con-

stitutional majority, was passsed.



By :Mr. Brown of wheelerA resolution to furnish Wheeler County with cer-
tain books from State Library.
The. report of the committee, which was favorable to the passage of the resolution, was agreed to.
Upon the passage of the resolution the ayes were 27, nays 0.

1008

JouRNAL oF THE SENATE,

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

By ::\fr. Young of Tift:\ resolution for the relief of I. L. Forcl.
The report of the committee, whictt was favorable to the passage of the resolution, was agreed to.
l7pon the passage of the resolution the ayes were 3'0, nays 0.
The resolution, having received the requisite constitutional majority, was passed.

By ::\fr. Griffin of Lowndes:\ resolution for the relief of J. H. Young.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
Upon the passage of the resolution the ayes were 30, nays 0.
The resolution, having receiYed the requisite constitutional majority, was passed.

By ::\Ir. Edwards of WaltonA resolution to pay Mrs. Hulda Whitehead, a
widow pensioner of vValton County, her pension for 1914.
The r<>port of the committee, which was favorable to the passage of the resolution, was agreed to.
l~pon the passage of the re~olution the ayes and

TuESDAY, AuausT 15, 1916.

1009

nays were ordered, and the vote was as follows, to wit.:

Those voting- in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Boykin, H. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Gillis, N. L. Goolsby, B. F. Haralso~, Pat

Harbin, T. W. Harrison, W. T. Holden, Jno. F. Lawrence, A. A. Moon, E. T. McCrory, C. R. l\IcFarland, J. R. McLaughlin, B. F. Paulk, M. J. Peacock, Z. V. Smith, E. M.

Stovall, A. S. J. Thomas, J. R. Tison, Mark Tracy, C. C. Trammell, J. R. Turner, T. R. Ward, C. A. Walker, J. D. Way, J. B. Wren, W. J.

Those not voting- were Messrs.-

Bonner, T. B. Buchanan, W. A. Carlton, J. A. Eakes, W. J.

Fletcher, H. M. Mangham, J. J. Minter, C. C. Paulk, Geo. A.

Pickett, D. C. Pickett, Roscoe Ransom, W. M.

Ayes 3~, nays 0.

The resolution, having received the requisite constitutional majority, was passed.
The following- House bill was taken up for the purpose of acting- in the Senate amendment to the same, to wit.:

By Mr. Towles of ButtsA hill to fix the salary of the Treasurer of Butts
County.
::\lr. Fletcher offered the following- amendment, which was adopted, to wit.:
Strike from caption the words "to provide for the submission and ratification of said Act by a majority

1010

JouRNAL OF THE SENATE,

of the qualified voters of said l'Ounty at the next general election held in said ('Ounty.''
The following Senate bills and resolution were taken up for the purpose of acting on the amentlments of the House, to wit.:

B~ .Jir. Buchanan..:\ bill to create the City Court ?f ::\!organ.
The House amends Senate Bill No. 358 as follo\\'S:
1st. By adding to Section 8, at the end of said section the following: "Provided, that the solicitor shall be entitled to receive fees only in those cases in which there are convictions, and, provided furth(>r, that the solicitor shall be paid out of the county fnnds when the defendant serves the sentence of tllP court by servitude instead of paying a fine.''
:!d. By striking all the words in Section ~6, heginning with the words ''The defendant shall not he allowed to demand indictment," and so on to the end of said section, and inserting in lieu thereof the following: ''The defendant upon arraignment may, in all criminal cases, waive trial in said court and demand indictment hy the grand jury of said county, provided such defendant enters into a goocl hond approved b~ the sheriff for his appearance hefore the next regular term of the superior court to answer to such charge as the grand jury ma~' pref<>r; otherwil'e, no such demand shall he recognized hy the ('ity Court.''
The House amendments were concurred in.

TuESDAY, AuausT 15, 1916.

1011

By .:\lr. ThomasA resolution releasing J. H. \Y estLerry, Sr., as
se<mity on criminal bond.

The House amendments IYere as follows, to \Yit.:

1st. By striking the word" with", in 13th line aml in,.,erting the word 'of". Further by striking the word ''and'' appearing between the words ''assault and intent", in the 13th line, and inserting in lieu thereof the word "with."

b'urther by striking the wonl ''give", in the 15th

lim '

and

insertino in b.

1>lace

thereof

the

word" uoaye. "

:2d. By inserting after the 1\ord "resolved", and before the word "that", in the :3~lth line the follow-

ing: "hy the General Assembly of Georgia."

The amendments of the House were concurred in.

By .:\lr. TisonA bill to create and orgamze the Tifton .Judicial
Circuit.
The House amendments \\ere as follows:
.Ainendment to Senate Bill Xo. :223:
House proposes to amend said bill as passed by the Senate by substituting in lieu thereof the following as Sedion 4- of said bill, to wit.:
"Sec. 4-. Be it further enacted by the authority aforesaid, That a judge and solicitor-general for said eircuit shall be elected in the manner now provided h~ law "ith referencP to the <>lec-tion qf judges and

1012

JouRNAL OF THE SENATE,

solicitors-general of the Superior Court of this State, at the next general election after the passage of this Act, to serve for a term of four years, beginning on January 1, 1917, and until their successors are elected and qualified, as provided by law.''
And further, to amend the said bill by striking all of Section 6 of the said bill as passed by the Senate, and by substituting in lieu thereof the following as Section 6 of said bill, to wit.:
''Sec. 6. Be it further enacted by the authority aforesaid, That this Act shall not become operative and effective, except for the purpose of the election and qualification of the officers of the said circuit and of the superior courts of the said counties included therein as provided for by this Act and by the general laws of this State, until on and after .January 1, 1917, on which date, to wit.: January 1, 1917, the said Tifton .Judicial Circuit shall he and stand substituted for and in the place of the circuits to which the said counties included in said Tifton ( 'ircuit now belong with reference to the Superior Courts of the said counties and with reference to all petitions, indictments, special presentment, motions, summons, mesne and final processes and all and evPrything filed or returnable to, commenced or pending in tlw Superior Courts of the said countie:-:, mH1 over or with reference to which the said Superior Courts and the officers thereof may have, take or be given jurisdiction and power together with all pleadings, recorc1s, books and all and everything belonging or pPrtaining to said court, the said counties, the Superior

T"UESDAY, AuousT 15, 1916.

1013

Courts thereof, and all and everything belonging or pertaining thereto being hereby transferred to and placed within the jurisdiction of the said Tifton Circuit and the Superior Courts and officers thereof.''

By :Jir. Aclams of Hall-
A bill to amend the General Act for incorporation of railroads, and for other purposes.
The following House amendments were concurred in, to wit.:
1st. By striking out the words "steam," "or other power'', and ''or other motive power,'' wherever the same occurs, and adding ''or'' between the words "gas" and "electricity."
2d. By striking all of Section 22 and inserting in lieu thereof the following:
''Interurban railroad companies may use gas or electricity in propelling their engines, turning ~a ehinery, and other purposes and may generate gas or electricit:v for heat, light or power, and may generate and furnish, for a reasonahle compensation, gas and electric heat, light and power to consumers thereof, and to that end may operate gas and electric plants and generate and furnish gas and electric light and power to any county, town or city, and also to corporations, companies and private citizens, and may charge and collect reasonable compensation for the same to be fixed and determined by the Railroad Commission of the State of Georgia.''

1014

JouRNAL OF THE SENATE,

:i'd. By adding after the word. "imposell' ', in Section 23, the following words : ''and also to the laws of eminent domain.'' And. further amend. by inserting between the words "own" and "hold", tl1e word ''lease.''

The following House amendment was disagreed. to:

4th. By striking out all of ~ection :H, page ;), after the words "terms thereof", in line 10, and before the "ord "provided", in the ] 6th line, and inst>rt the follo,viug: "provided this ..\ct shall not be construed to extend or enlarge the charter powers of any company heretofore chartered or incorporated, and", and further amend said section at the end thereof hy adding thereto the following: ''and provided, further, that no interurban railroad existing now, or C'hartered under the provision:-: of this .._\ct, shall acquire by purchase, lease or otherwise, au~ existing interurban or street railroad or one hereafter chartered, the effeet of which will be to parallel the \Vestem and Atlantic Railroad so long af.i the same remains the property of the State of Georgia; and the provisions of this ..\ct shall not either directly or indirectly, repeal or modify the Act approwd Aug1.1st 11th, Hll5."

The a~es and nays were ordered upon the concnrrence in this amendment, and the vote was as follows:

'fhose voting in the affinnatiYe "ere ::\Iessrs.-

Boykin, H. A. :Moon, E. T. MeCrory, C. R.

Peacoek, Z. V. Trammell, .J. R.

Turner, T. R. Ward, C. A.

Tt:ESDAY, AVGUM' 15, 1916.

1015

Those voting in the negative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Buchanan, W. A. Burnside, J. B. Ca.lla.han, J. W. Dobbs, E. P. Fagan, T.V.

Gillis, N. L. Goolsby, H. l!'. Holden, .Tno. F. Lawrence, A. A. l'Iinter, C. 0. llcFa:rland, J. Jl. 1\fcLaughlin, B. F. Paulk, Geo. A.

Paulk, M. J. Smith, E. M. Thomas, J. ll. Tison, Mark Tracy, C. C. 'Walker, J. D. Wren1 W. J.

Those not voting were Messrs.-

Bonner, T. B.
Carlton, :r. A..
EakeS', W. J. Fletcher, H. M. HIUB.lson, Pat

Harbin, T. W. Harrison, W. T. :Mangham, J. J. Pickett, D. C.

Pickett, Roscoe Ransom, W. M. Stovall, A. 8. J. Way, J. B.

Ayes 7, nays 23.

'l'he amendment of the House was disagreed to.

Upon motion of l{r. Peacock, the Senate adjourned until tomorrow morning at 9 o'clock.

1016

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
Wednesday, August 16, 1916.

The Senate met pursuant to adjournment at 9 o'clock A. :M., and was called to order by the President.
Prayer was offered by the Chaplain.

tTpon the call of the roll the following Senators answered to their names :

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Carlton, J. A. Dobbs, E. P. Eakes, W. J. Fagan, T.V. Fletcher, H. M. Gillis, N. L.

Goolsby, B. F. Haralson, Pat Harbin, T. W. Harrison, W. T. Holden, Jno. F. Lawrence, A. A. ~fangham, J. J. l\Enter, C.. C. l\foon, E. T. McCrory, C. R. llfcFarland, J. R. McLaughlin, B. F. Paulk, Geo. A. Paulk, M. J.

Peacock, Z. V. Pickett, D. C. Pickett, Roscoe Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, Mark Tracy, C. C. Trammell, J. R. Turner, T. R. Ward, C. A. Walker, J. D. Way, J. B. Wren, W. J.

Those absent were Messrs.-
Ransom, W. M.

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

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

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

WEDNESDAY, AuausT 16, 1916.

1017

tional majority the following bill of the Senate, towit.:
A bill to fix the salary of the Sheriff of the Supreme Court and to repeal Sections 6136 and 6137 of the Code of 1910.
The House has passed by the requisite constitutional majority by substitute, the following bill of the Senate, to-wit.:
A bill to amend an Act to provide for the leasing or other disposition of the western & Atlantic Railroad, by giving the commission additional powerS'.
The House has concurred in the Senate substitute to the following bill of the House, to-wit. :
A bill to amend an Act creating the Municipal Court of Atlanta.
The House has concurred in the Senate amendment to the following bill of the House, to-wit.:
A bill to amend Section 3438 of the Code of Georgia, relative to forfeiture of interest when more than legal rate is charged.
The House has concurred in the Senate amendment, as amended, to the following resolution of the House, to-wit.:
A resolution to appropriate $33,000 to complete pension rolls for 1916 and for other purposes.
The House has concurred in Senate amendment No. 5 and has disagreed to Senate Amendments 1, 2, 3 and 4, to the following bill of the House, to-wit. :

1018

JouRNAL OF THE SENATE,

~-\.. bill to amend the Act entitled an Act for the protection of game animals and birds and fish.
The fo1lowing message was- received from the House, through :Mr. Boifeuillet, the Clerk thereof:

1llr. President: The House has passed by the requisite constitu-
tional majority the following bill of the Senate, towit.:
A bill to provide the manner in which fidelity insurance companies and surety companies may retire from doing business in this State.
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit.:
A bill to accept and carry out the provisions of Congress, providing for the reorganization of the army and National Guard.
A bill providing for the leasing or other disposition of the Western & Atlantic Railroad.
A bill to amend Section 1207 of the Penal Code, relative to convicts.
Mr. Lawrence of the 1st District, Vice-Chairman of the Committee on Rules, submitted the following
rep~rt:

Mr. President: The Committee on Rules sets the order of business
for the day after the confirmation of the ,Journal as fo1lows, to-wit.:

WEDNESDAY, AuGUST 16, 1916.

1019

House Bill No. 1098, Cincinnati Southern Railroad Rill.
House Bill No. 282, Electrotype Plates Supreme Court Reports Bill.
House Bill No. 989, Colonial Records.
House Bill No. 959, Ordinary's Fees.
House Bill No. 25, Atkinson County.
House Bill No. 756, District Agricultural School Bill.
House Bill No. 109, New Senatorial Districts.
House Bill No. 87, Compulsory Education.
House Bill No. 42, Ordinary's Fees in Pension Cases.
House Bill No. 860, Women clerks in Ordinary's Office.
And we recommend that the time in which to explain votes be limited to three (3) minutes.
Respectfully submitted, LAWRENCE, Vice-Chairman.
Head and adopted.
:Mr. Burnside of the 29th District, Chairman of the Committee on Pensions, submitted the following report:

ll1 r. President: Your Committee on Pensions has had under con-
sideration the following bill of the House and in-

1020

JouRNAL oF THE SENATE,

structed me as their chairman to report same back to the Senate with the recommendation that same do pass:
House Bill :No. 708, to amend Section 1483 of the Penal Code so as to provide for the payment of additional pensions to maimed ex-Confederate soldiers.
Respectfully submitted, BuR~SIDE, Chairman.

The following joint resolution was read and adopted, to-wit.:
By :Mr. Harrison-

A RESOLUTION.
REsOLVED by the Senate, the House concurring, That it is the sense of the General Assembly that the Hall of the House of Representatives and the Senate Chamber should be used ad interim by the departments of the State government only, and the Keeper of Public Buildings and Grounds is hereby requested to confine the use of said halls to such departments.
The following House resolution was read and adopted, to-wit.:

By Mr. Arnold of ClayA resolution providing for the bringing up of the
unfinished business of the session of 1916.
The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof:

"'EDN"ESDAY, AuacsT 16, 1916.

1021

llfr. President:
The Speaker has appointed as the conference committee on the part of the House and request the Sen., ate to appoint a conference committee to consider House Bill 987, which is a bill to establish the City Court of Swainsboro: :\fessrs. Swift,
Culpepper, Beck of Carroll.

The Senate upon motion of :\Ir. Gillis, ordered the flppointment of a c9nference committee upon the following bill of the House, to-wit.:

By :Messrs. Brown and Atkinson of EmanuelA bill to establish the City Court of Swainsboro.
The President appointed as the committee on part of the Senate : :Messrs. Boykin,
Burnside.

The following House bill was read the third time to be put upon its passage, to-wit.:

By :M.r. Davis of LaurensA bill to create a new charter for the town of
Rockledge.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the pas:;;age of the bil1 the ayes were 30 and nays 0.

10~2

JouRNAL OF THE SENAT;l!!,

The bill, having received the requisite constitutional majority, was passed.
The following House bills, which were set as special orders, were taken up for a third reading to be put upon their passage, to-wit.:

By 1Ir. Swift of MuscogeeA bill to repeal an Act granting right of way to
the Cincinnati Southern Railway where its route adjoins that of the western & Atlantic Railroad.

The previous question was ord.erecl and the main question put.

rpon the passage of the bill the ayes and nays were ordered and the vote was as follows, to-wit.:

Those voting in the affirmative were .:\lessrs.-

Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnsirle, J. B. Calhhan, .J. W. Dobbs, E. P. Eakes', W. J. Fagan, 'l'. V'. Fletcher, H. M.

G-illis, N. L.
Goolsh~,, B. P.
Hanison, Vi'. 'r.
lloldrn, .Tno. I'.
:vrangham, .r. J.
:Hinter, C. C.
:\To<lll. E. T. McCrory. C. R. ~Icl-'arland, J. R.
Panik, Geo. A.

Paulk, M. J. Peacock, Z. V. Stovall, A. S. J. Thomas, J. R. Tison, Mark Tracy. C. ( '. Trammell, .J. R. Turner, T. R. ''Valker, J. D. Way, J. B.

Those voting in the negative were Messrs.-

Akin, L. R.

:\Ici,aughlin, B. F. Ward, C. A.

Those not votin~ were ::\fessrs.-

Adams, J. 0. Carlton, J. A. Haralson, Pat Barbin, T. W.

Lawrence, A. A. Pickett, D. C. Pickett, Roscoe

Ransom, '" }L Smith, E. l\'L
Wren, W. 1.

A~es 30, nays 3.

wEDNESDAY, AuausT 16, 1916.

1o23

The bill, haYing received the requisite constitutional majority, was passed.

By Messrs. Culpepper and Williams of Meriwether-A bill to amend Section 185, Volume 1, of Code
of 1910, so as to reduce the numbers of copies of Georgia Reports reprinted from electrotype plates.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 28 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Culpepper of MeriwetherA bill to furnish public libraries in this State, free
of charge, except for transportation, Colonial, ReYolutionary and other records.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were 29 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By llir. Harris of WashingtonA bill to require ordinaries to record names and
addresses ofconsignees of vinous liquors, malts, etc.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1024

JouRNAL OF THE SENATE,

Upon the passage of the bill the ayes and nays were ordered and the vote was as follows, to-wit.:

Those voting in the affirmative were Messrs.-

Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Eakeg, W. J. Fagan, T.V. Gillis, N. L.

Goolsby, B. F. Haralson, Pat Harrison, W. T. Holden, Jno. F. Mangham, J. J. :\linter, C. C. :\Ioon, E. T. )fcCrory, C. R. McFarland, J. R. McLaughlin, B. F. Paulk, Geo. A. Paulk, M. J.

Peacock, Z. V. Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tison, )fark Trary, C. U. Trammell, J. R. Turner, T. R. Ward, C. A. Walker, J. D. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Carlton, J. A. Fletcher, H. M. Harbin, T. W.

Lawrence, A. A. Pickett, D. C.

Pickett, Roscoe Ransom, W. M.

.Ayes 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By Mr. Stewart of CoffeeA bill to amend Paragraph 2, Section 1, Article 11
of the Constitution of Georgia, so as to create the county of Atkinson.

Mr. Minter moved to indefinitely postpone this bill, and upon this motion the ayes and nays were ordered. The vote was as follows:

Those voting in the affirmative were Messrs.-

Bonner, T. B. Buchanan, W. A. Ca1lah11n, J. W. :Mangham, J. J.

:\finter, C. C. :\foon, E. T. McCrory, C. R. Paulk, Geo. A.

Paulk, ~f. .T. Peacock, Z. V. Tracy, C. C. Way, J. B.

102.)

'fhose Yoting in the negative were Messrs.-

Adams, .r. ,0.

Haralson, Pat

StO\all, A. s. J.

.\kin. L. R.
Boykin, H. A. Eal;cs-, w. J.
~'agan, T. V.
Gillis, N. L.

Harrison, W. 1'. Holden, Jno. F.
Lawrence, A. A.
Pickett, Roscoe Smith, E. M.

Thomas, J . R.
Tison, }lark
Trammell, J. R.
Ward, c. A. Wren, w. J.

Those not voting were Messrs.-

Bailey, L. S. Burnside, J. B. Carlton, .T. A. Dobhs, E. P.

Fletcher, H. M. Goolsby, B. F. Harbin, 'f. W. lvfcLaughlin, B. F.

Pickett, D. C. Ransom, W. i\'1. Turner, T. R. Walker, J. D.

Ayes 12, nays 19.

The motion was lost.

The report of the committee, which was favorable to the passage of the hill, was agreed to as amended.
1~pon the passage of the hill the ayes and nays were ordered and the vote was as follows:

Thos<' Yoting in the affirmatiYe were -;\Iessrs.-

Adams, J. 0. Akin, T,. R. Boykin, H. A. Burnside, J. B. Dobbs, E. P.
E:~kPs, vV. J.
Fagan, T.V.

Fletcher, H. M. Gillis, X. L. f:oolsh,,, H. F. Haralson, Pat Ilol<lPn, .Tno. F. Lawrence, A. A.

Smith, E. M. Thomas, J. R. Tison, :i\fark Trammell, J. R. Ward, C. A. Walker, J. D.

Those voting in the negative were Messrs.-

Bonner, T. B. Buchanan, W. A. Harrison, W. T. :\Iinter, C. C. 'donn. E. T.

:\frCrory, C. R. :\frFarland, J. R. :\frLaughlin, B. F. Paulk, Geo. A.

Paulk, :\f. J. Peacock, Z. V.
Tracy. ('. C. Wren, \V. J.

Those not voting were Messrs.-

Bailey. L. S.
Callahan, .T. Vv.

Carlton, ,J. A. ll:trbin, T. \V.

:\[angham, J. J. Pickett, D. C.

1026

JouRNAL oF THE SENATE,

Pickett, Roscoe Ransom, W. M.

Stovall, A. S. J. 'furner, T. R.

Ayes 19, nays 13.

Way, J. B.

The bill, having failed to receive the requisite constitutional majority, was lost.

By Mr. Lanier of Bulloch and othersA bill to authorize the Board of Trustees of the
First and Third District Agricultural and :\Iechanical Schools to borrow money on the property of said schools.
The report of the committee, which was favorable to the passage of the bil1, was agreed to.
The bill, having received the requisite constitutional majority, was passed.
Upon motion of Mr. Akin the Senate insisted on its amendments to the following bill of the House, to-wit.:

By Messrs. Short, Clements and SwiftA bill to amend an Act for the protection of game
and fish.
The Senate voted to request a conference committee on the bill and the President of the Senate appointed as said committee on part of the Senate the following Senators, to-wiL: Messrs. McCrory,
Way, Wren.

"\VJmXESDAY, .AUGL'"ST 16, 1916.

1027

The following House bills were read the third time to be put upon their passage, to-wit. :

By Messrs. Carter of Bacon and othersA bill to amend Article 3, Section 2, Paragraphs 1
and 2 of the Constitution of Georgia, so as to increase the number of senatorial districts.

The report of the committee, which was favorable to the passage of the hill, was agreed to.

lipon the passage of the bill the ayes and nays were ordered.

Those voting in the affirmative were MeR"'..'"

Akin, L. R. Roykin, H. A. Fagan, T.V. G-illis, N. L. Haralson, Pat Hohlen, .Jno. F. LDwrence, A. A.

Paulk, Geo. A. Paulk, ::\f. .J. Pickett, D. C. Pickett, Roscoe Sto,all, A. S. J. Thomas, J. R. Tison, lllark

Traey, C. C. Trammell, .J. R. Ward, C. A. Walker, J. D. Way, J. B. wren, W . .J.

Those voting in the negative were Messrs.-

Adams, J. 0. Bonner, T. IS. Burnside, J. B. Fletcher, H. M.

Goolsh~. B. F. Harrison, \'\1. T. ::\Tinter, C. C. .\form, E. T.

McFarland, J. R. McLaughlin, B. F. Smith, E. M.

Those not voting were Messrs.-

Bailey, L. S. Buchanan, W. A. Callahan, .J. W. Carlton, J. A.

Dobbs, E. P. Eakes, \\'..f. Harbin, T. W. i\[angham, J. J.

::\[cCrory, C. R. Peacock, Z. V. Ransom, W. M. Turner, T. R.

Ayes 20, nays 11.

The bill, having failed to receive the requisite constitutional majority, was lost.

1028

JouRNAL oF THE SENATE,

By l\fessrs. Hutcheson of Turner and Xunn of Houston-
A bill to require school attendance of children o1N 8 and under 14 ~vears of age.
The following substitute "as offered hy the committee, to-wit.:

A BILL
To be entitled an Act to require school attendance of children for a minimum period, and to provid: for enforcement of the same; and for other }Wrposes.
SEcnox 1. Be it enacted by the General Assemhi: of the State of Georgia, That eYery parent, guardimJ or other person having charge and control of a chilr1 between the ages of eight and fourteen years, who is not exempted or excused as hereinafter proYidec1, shall cause said child to be enrolled in and to attenc I continuously for four months of each year a pu;)]ic school of the district or of the city or town in whic11 the child resides; which period of attendance shall commence at the beginning of the first term of said school in the year. Such attendance at a public school shall not be required where the child attencls for the same period some other school giving instruction in the ordinary branches of an English education, or has completed the fourth grade of school work as prescribed by the State Board of Education, or where, because of poverty, the services of the child are necessary for the support of a parent or other member of the child's family dependent on

w, wEDNESDAY, AL"Gusi 1m6.

lO:!~l

such services, or where the parents or persons standing in parental relation to the child are unable to provide the necessary books and clothing for attending school and the same are not otherwise provided, or where the mental or physical condition of the child renders such attendance impracticable or inexpedient, or where the child resides more than three miles from the school-house by the nearest traveled route, or where, for other good reason (the sufficiency of which shaH be determined by the board of education of the county or of the city or town in which the child resides), the said board excuses the child from such attendance; such boards being authorized to take into consideration the seasons for agricultural labor and the need for such labor, in exercising fheir discretion as to the time for which children in farming districts shall be excused. Provided, that no guardian shall be compelled to send such child or children to school out of any other than the funds belonging to the ward or wards. Temporary abs-ence of any child enrolled as a pupil may be excused by the principal or teacher in charge of the school, because of bad weather, sickness, death in the child's family, or other reasonable cause.
SEc. 2. Be it further enacted, That any parent, guardian or other person who has charge and control of a child between the ages aforesaid and who wilfully fails to compl~r witb tbe foregoing reCJnirements shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not to exceed ten dollars for the first offense, and n.ot to exceed twenty dollars

1030

JoTJ.RNAL oF THE SENATE,

for each subsequent offense; but the court trying the case may, in its discretion, suspend enforeement of the punishment, if the child be immediately placed in attendance at a school as aforesaid, and may finally remit the same if such attendance has continued regularly for the number of months hereinbefore prescribed for attendance. School attendance may be proved by an attested certificate of the principal or teacher in charge of the school. No person shall be prosecuted for violation of the foregoing requirements unless the board of education of the county or municipality in which the person accused of such violation resides shaH have caused to he served upon the accused at least ten days before such prosecution a written notice of the charge with the name of the child to whom it refers. {\.ny person so notified not previously convicted of violation of this Act as to the child referred to in said notice may prevent prosecution on the charge set out therein, by giving, at any time before such prosecution is instituted. a bond in the penal sum of fifty dolJars. payable to the ordinary of the county, with security to be approved by the ordinary, conditioned that the sairl person shall thenceforth faithfully comply with the requirements of this Act as to the said child. Each day's wilful failure of a parent, guardian or other person in charge and control of a child as aforesaid, after the expiration of ten days from such notice, to cause the child to attend school, when such attendance is required by this Act, shall constitute a separate offense. In prosecutions under this Act the exemptions and excuses herein pro-

\VED.NESDAY, AruusT 16, l!n6.

1031

vided for shall be matters of defense, to be established by the accused, and need not be negatived in the indictment or accusation.
SEc. 3. Be it further enacted, 'fhat it shall be the duty of county and municipal boards of education to investigate as to the attendance and non-attendance of children required by this Act to attend the schools under their supervision, and it shall also be their duty to institute or cause to be instituted prosecutions against persons violating this Act. It shall be the duty of the principal or teacher in charge of any public school, in which pupils between the ages of eight and fourteen years are instructed, to keep an accurate record of the attendance of such pupils, and at the end. of each month to make a written report of the same to the board of education having supervision of the school, and to note therein excused absences and the reasons therefor.

SEc. 4. Be it further enacted, That all fines imposed hereunder, and all sums required to be paid as penalties under bonds given under this Act shaH, after payment of the costs of prosecution and of recovery thereof, be paid into the county treasury and become a part of the school fund of the county.

SEc. 5. Be it further enacted, That the provisions of this Act shall become operative on the first day of J rmuary in the year nineteen hundred and seventeen.

SEc. 6. Be it further enacted, That it shall be the duty of the board of education of each county, at

10~2

JOUR~AL OF THE SENATE,

least four weeks before the first day of January following the adoption of this Act, to cause this Act to be published in a newspaper of the county, if there be one, and to cause copies of the Act to be posted at the court house of the county and at the public schools thereof.
SEc. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The substitute wns adopted.
The report of the committee, which was fa,orable to the pa~sage of the bill by substitute, was agreed to.
Upon the passage of the hill by substitute the ayes were 27 and nays 2.
The bill, having received the requisite eonstitutional majority, was passed hy substitute.
The following Senate hi1ls were taken up for the purpose of acting on amendments of the House, towit.:

By J\Ir. LawrenceA bill to amend Section Two of Article Six of the
Constitution of the State of Georgia.
The following substitute adopted by the 1louse was concurred in by the Senate, to-wit.:

Hot:sE SuBsTITt:TE FOR SENATE BILL No. 100.
A BILL
To be entitled an Act to amend Section 'rwo of Ar-

\VEDNESDAY, AuGUST 16, 1916.

1033

ticle Six of the Constitution of the State of Georgia, and for other purposes.
SECTION 1. The General Assembly of the State of Georgia hereby proposes to the people of Georgia an amendment to Section 2 of Article 6 of the Constitution of this State, as follows:
1. By changing Paragraph 5 of said section so it shall read as follows:
''Paragraph 5. The Supreme Court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors of law from the superior courts and the City Courts of Atlanta and Savannah and such other like courts as have been or may hereafter be established in other cities, in all cases that involve the construction of the Constitution of the State of Georgia, or of the "Gnited States or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; and until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of, or the construction of wills; in all cases of conviction of a capital felony; in all habeas corpus caseR ; in all cases involving extraordinary remedies; in all divorce and alimony cases; and in all cases certified to it by the Court of Appeals for its determination. It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination,

1034

JouRNAL OF THE SENATE,

with the same power and authority as if the case had been carried by writ of error to the Supreme Court. Any case carried to the Supreme Court or to the Court of Appeals which belongs to the class of which the other court has jurisdiction shall, until otherwise provided by Ia w, be transferred to the other court under such rules as the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof.''
2. Paragraph 9 shall he amended to read as follows:
"'rhe Court of Appeals shall consist of the judges provided therefor hy law at the time of the ratification of this amendment, and of such additionni judges as the General ~\ssembl~r shall from time to time prescribe.
"All terms of the judgeS' of the Court of Appeals after the expiration of the terms of the judges provided for by law at the time of the ratification of this amendment (except unexpired terms), shall continue six years, and until their succes~ors arc qualified. The times and manner of electing the judges and the mode of filling a varancy which causes an unexpired term, ~hall he the sam<' as are or may be provided for by the laws relating to the election and appointment of .Tustices of the Supreme Court. Tl1e Court of Appeals shall have juri~diction for the trial and correction of errors of law from the superior comts and from the C'ity Courts of Atlanta and Savannah, and such other like courts as

\VEDNESDAY, AL'GL'ST 16, 1916.

1035

have been or may hereafter be established in other cities, in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court, and in such other cases as may hereafter be prescribed by law, except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from theSupreme Court it may certify the same to the Supreme Court and thereupon a transcript of the record shall be transmitted to the Supreme Court, which after having afforded to the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instructions so given. But if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions to the Supreme Court by the Court of Appeals and subsequent proceedings in regard to the same in the Supreme Court shall be as the Supreme Court shall by its rules prescribe until otherwise provided by law. No affi.rmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions or cases certified from the Court of Appeals to the Supreme Court, or as to which such certificate has been required hy the Supreme Court as hereinbefore provided. _-\ ll writs of error in the Supreme Court or the Court of Appeals, when received by its clerk during a term of the court and before the docket of the term is by order of the court closed, shall he entered thereon,

1036

JouRNAL OF THE SENATE,

and when received at any other time shall be entered on tile docket of the next term, and they shall stand for hearing at the term for which they are so entered, under such rules as the court may prescribe until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of tile court. The reporter of the Supreme Court shall be reporter of the Court of Appeals until otherwise provided by law. The laws relating to the Supreme Court as to qualifications and salaries of judges, the designation of other judges to preside when members of the court are disqualified, the powers, duties, salaries, fees and terms of officers, the mode of carrying cases to the court, the powers, practice, procedure, times of sitting and costs of the court, the publication of reports of cases decided therein, and in all other respects, except as otherwise provided in this Constitution or by the laws as to the Court of Appeals at the time of the ratification of this amendment, and until otherwise provided by law, shall apply to the Court of Appeals so far as they can be made to npply. The decisions of the Supreme Court ~hall bind the Court of Appeals as precedents.''
SEc. 2. Be it further enacted by the authority aforesaid, That whenenr the above propo:-;ed amendment to the Constitution of this State shall be agreed to by two-thirds of the members elected to each of the Houses of the General Assembly and the same has been entered upon their Journals, with the yeas and nays taken thereon, the Governor shaJI, and he is hereby authorized and im;tructed, to rause the above propose(l amendment to be published m

\VED~EsD.w, AucusT 16, 1916.

1tXn

one or more newspapers in each congressional district in this State for the period of two months next preceding the time of holding the next general election, and the Governor is hereby authorized and directed to provide for the submission of the amendment proposed for ratification or rejection to the electors of tllis State at the next general election to be held after said publication, at which election every person shall be qualified to vote who is entitled to vote for members of the General As~embly. All persons voting at such election in favor of adopting the said proposed amendment shall have written or printed on their ballots the words "For amendment to the Constitution, altering the appellate court system of the State of Georgia." All persons opposed to the adoption of said amendment sha 11 have written 01~ printed on their ballots tlw words, ""\gainst the amenrlment to the Co:'lstitution, altering the appellate court system of the State of Georgia."
If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification, the Governor shall, when he ascertains tl1e same from the Secretary of State, to whom the returns from said election shall be referrerl in the same manner as in cases of election for members of the General Assembly, to count and ascertain the result, issue his proclamation for one insertion in one daily paper of the State, announcing such result and declaring the amendment ratified.

1038

JouRNAL OF THE SENATE,

SEc. 3. Be it further enacted by the authorit~ aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

By Mr. Tison-
A bill to fix the salary of the Treasurer of ~Worth County.
The House amended the bill as follows, to-wit.:
"Strike out six hundred dollars wherever it appears in said bill and substitute the wonls one thousand dollars.''
The amendment was concurred in.
The hour of 1 o'clock P. 1\1. having arriYed, the Senate took a recess until :3 o'clock P. ~I.
The Senate reconvened at 3 o'clock P. ~L and \\as called to order by the President.
B~ unanimous consent the call of tlw roll was dispensed with.
The following message was received from tlw House, through ~fr. Boifeui1let, the Clerk tlwreof:

11! r. President: The House insists on the House Amendment Xo.
4 to the following bill of the Senate, to-wit.:
A bill to amend the general Act for incorporation of railroads.
The following message was received from tlw House, through ~fr. Boifeuillet, the Clerk thereof:

VVt:DNESDAY, AUGUST 16, 1916.

1039

J{r. Preside11t:
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit.:

A bill to provide for a Board of Electrical Examiners.

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

Jir. President:
The House adheres to its amendment to Senate Bill 251, which is a bill to amend the Act for the incorporation of railroads, and the Speaker has appointed as a conference committee on the part of the House, :l\1essrs. Allen of Jackson,
Fullbright, Cooper.

The following Senate bills were taken up for the purpose of acting on amendments of the House, towit.:

By Mr. Paulk of the 6th DistrictA bill to amend an Act to provide for the leasing
or other disposition of the Western & Atlantic Railroad.
The following substitute adopted by the House was concurred in by the Senate, to-wit.:

10-+0

JouRNAL OF THE SENATE,

Senate Bill No. 257. W. & A. R. R. By :Mr. Paulk of the 6th District.
Passed by substitute as amended August 16, 1916.

HousE SuBSTITUTE \VHrcH PASSED.

A BILL
To be entitled an Act to amend an Act to proYide for the leasing or other disposition of the \Vestern & Atlantic Railroad and its properties, for the creation of a commission to effectuate such purposes, and to define its powers and duties; making an appropriation for the cost of thP work required, and for other purposes, approYecl November 30, 1915.
SECTION 1. Be it enacted by the General .\ssembly of the State of Georgia, aml it is hereby enacted h~ the authority of the same, That Section 16, SubSection 8 of the Act to provide for the leasing or other disposition of the vVestern & At1autic Hail.road and its properties, for the creation of a commission to effectuate ,such purposes and to define ih~ }JOwers and duties, making an appropriation for the cost of the work required and for other pmposes, be and the same is hereby amended h~- adding at t1w end of sai<l Suh-Section G of Section lG tht' fo11owing words:
"Said commission, in addition to the power ginn it to receive proposals for the construction of an extension of said \Vestern & Atlantic Railroad to the sea, is also given authority to construct or to purchal'e an existing lim' or Jines of railway, Ill

WEDNESDAY, AuGUST 16, 1916.

1041

whole or in part, or otherwise provide for and acquire a line of railway to be employed as an extension of said western & Atlantic Railroad from Atlanta to either or all of the Georgia ports, and also, if deemed expedient, to Jacksonville, Florida. The said commission is further authorized and empowered to entertain and accept a proposal from any responsible person, association or persons, or corporation, for the extension of said road to either or all of said ports, including Jacksonville, Florida; and the commission is authorized to contract to pay for such extension of the Western & Atlantic Railroad in bonds of the State of Georgia, whether such extension be acquired through construction, purchase or otherwise, and provided the issuance of such bonds by the State is authorized by proper constitutional amendment. Said commission is not only authorized to contract for the extension of said road, but is also authorized and empowered to enter into and execute a lease of the western & Atlantic R-ailroad as extended, or in other words, execute a lease contract covering the entire Western & Atlantic Railroad from Chattanooga to itR' terminus on or near the Atlantic Ocean.
Pro-vided, that the \Vestern & Atlantic Railroad shall l\Ot be sold, until the question of its sale has been submitted to a vote of the people and a majority have voted in fayor of its sale.

SEc. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed.

1042

JouRNAL OF THE SENATE,

By :M:r. DobbsA bill to amend an Act to provide for the re-leas-
ing of the vvestern & Atlantic Railroad.
The following amendment adopted by the House was concurred in by the Senate, to-wit.:
:.Hr. Swift of :;yruscogee moves to amend ~enate Bill No. 357, as follows:
Add to the caption at the conclusion thereof, the following: ''And for other purposes.''
Add to the first paragraph of the first section of Senate Bill No. 357, after the words "for railroad purposes,'' where they first occur and before the word ''so'' the following: ''And also be amended by adding after the words 'the Governor of the State' and the word' all' in said Section 11-A the following: 'Provided where any property shall be re-leased under this section it shall be reported to the office of the Railroad Commission and a record made thereof in a book to be kept for that purpose in order to complete the same.' ''
Also insert the following language : ''Provided where any property shall be re-leased under this section it shall be reported to the office of the Railroad Commission and a record made thereof in a book to be kept for that purpose in order .to complete the same'' after the words ''the Governor of the State" and before the word "all" in said Senate Bill No. 357.
By ~fr. Fletcher~\ bill to accept and carry out the provisions of

WEDNESDAY, ArousT 16, 1916.

1043

the Act of Congress approved June 3, 1916, providing for the reorganization of the army and National Guard.
The House amended Senate Bill No. 351 as follows:
1. Amend Section 1, sub-head 3 on page 2 by striking the word "three" at end of line 16 and substituting in lieu thereof the word ''nine.''
2. Amend Section 3, sub-head 25, page 18 by adding in line :21 immediately after the word ''departments" and before the word "hereafter" the following words: "but not including the AdjutantGeneral and other members of the Governor's staff.''
3. Amend Section 3, sub-head 37, page 26 on next to last line by adding after the word "non-commissioned" and before the word "of" the word "officers.''
The amendments were concurred in.

By Messrs. Mangham and BoykinA bill to permit the bringing of alcohol into the
State of Georgia for the purpose of its use in manufacturing articles of commerce.
The House amendments were as follows:
Amend Section 1 by striking from the last two lines thereof the following words ''as enacted at the extraordinary session of General Assembly in 1915."
Amend .Section 2 by inserting the word "delivery"

1044

J01JRXAL OF THE SENATE,

between the second and third lines from the end thereof.
Amend by inserting between lines 23 and 24 of Section 2 the following: "that the article or articles to be manufactured by use of said alcohol is or are (naming them) ----------------------"
The amendments were concurred in.

By :;\Iessrs. Burnside and HoldenA bill to amend Section 1207 of the Penal Code
of 1910.
The House amended the bill as follows:
By striking January 1, 1917, wherever this date occurs in connection with determining the road mileage and substituting January 1, 1916.
The amendment was concurred in.
The Senate agreed to the request of the House to appoint a conference committee on the following bill of the House, to-wit.:
A bill to amend the general Act incorporating railroads.
The President appointed as the committee on part of the Senate: Messrs. Lawrence,
McLaughlin, :\linter.
The following House bills and resolutions were taken up and read a third time to be put upon their passage, to-wit.:

"WEDNESDAY, A-c-GUST 16, 1916.

1045

By ~.fessrs. Bale, Anderson and Findley of Floyd~'- bill to abolish the Board of Commissioners of
Roads and Revenues of Floyd County.

l.Ir. Lawrence moved to disagree to the report of the committee, which was adverse to the passage of the bilL

lJpon this motion the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Boykin, H. A. Burnside, J. B. Callahan, .J. W.

Fagan, T.V. Gillis, N. L. Lawrence. .-\.. A.

:\IcLaughlin, B. F. Smith, E. :M. Thomas, J. R.

Those voting in the negative were Messrs.-

Akin, L. R. Bonner, T. B. Buchanan, "\V. A. Eakes, W. J.
Harrison, "' T. Holden, .Jno. F. li.Langham, J. J.

:\iinter, C. C. :\Toon, E. T. :\[cFarland, J. R. Paulk, Geo. A. Paulk, 1\i. J. Peacoek, Z. V.

Stovall, A. S. J. Tracy, C. C. Trammell, ,J. R. Walker, J. D. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Adams, J. o.
Bailey, L. S. Carlton, J. A. Dobbs, E. P. Fletcher, H. M.

floolsby, B. F. Haralson, Pat
Harbin, T. W.
:\IrCrory, C. R.
Pickett, D. r..

P1~kett, Roscoe Ransom, W. M. Tison, Mark Turner, T. R. Ward, C. A.

.Ayes 9, nays 19.

The motion was lost.

The report of the committee was agreed to and the bill was lost.

1046

JouRNAL oF THE SENATE,

By ~tlessrs. Bale, Anderson and FindleyA bill to create a Board of Commissioners of
Roads and Revenues of the county of Floyd.

The adverse report of the committee was agreed to and the bill was lost.

By Mr. Carter of BaconA bill to regulate the running of Yehicles in the
roads of Bacon County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
C"pon the passage of the bill the ayes were 30 and nays 0.
The bill, having receiYed the requisite constitutional majority, was passed.

By :Messrs. :Moore of Heard and Hopkins of Thomas. A bill to appropriate the payment of stenographer
fee for joint committee on auditor's report.
~ir. "\Valker offered the following amendment, which was adopted:
SEc. :2. Be it enacted, That the sum of $300.00 or so much thereof as is necessary be and the same is hereby appropriated for the payment of the services of members of the visiting committee to State institutions during the past year, and the Governor is authorized to draw his warrant for the same, upon any funds in the treasury not otherwise appropriated.

WEDNESDAY, AUGUST 16, 1916.

1047

'l'he report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
Upon the passage of the bill as amended the ayes and nays were ordered and the vote was as follows, to-wit.:

Those voting in the affirmative were Messrs.-

Akin, L. R.
Bonner, r. B.
Boykin, H. A. . Buchanan, W. A.
Burnside, J. B. Callahan, J. W. Dobbs, E. P. Eakes, W. J.
Fletcher, H. M. Gillis, N. L.
Goolsby, B. F.

Haralson, Pat Harrison, W. T. Holden, .Jno. F. Lawrence, A. A. :\Iangham, J. J. :\linter, C. C. \[non. E. T. :\fcCrory, C. R. :\lcFarland, J. R. :\icLaughlin, B. F. Paulk, Geo. A.

Paulk, l\f. J. Peacock, Z. V. Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tra<'y, C. C. Trammell, .J. R. Ward, C. A. Walker, J. D. Way, J. B. 'i.'Vren, W. J.

Those not voting were :\{essrs.-

Adams, J. 0. Bailey, L. S. Carlton, J. A. Fagan, T.V.

Harbin, T. W. Pickett, D. C. Pickett, Roscoe

Ransom, W. :\I. Tison, Mark rurner, T. R.

A.~es 33, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

By l\Iessrs. Ennis of Baldwin, Arnold of Henry and others-
A bill to appropriate $200,000 for the Georgia State Sanitarium at Milledgeville.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

1048

JouRNAL OF THE SENATE,

L pon the passage of the bill the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were }lessrs.-

Akin, L. R. Bailey, L. S. BmhaLan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Eakes, W. J. Gillis, N. 1 Haralson, Pat

Harrison, W. T. Holden, Jno. F. }!inter, C. C. }loon, E. T. :\1cFarland, J. R. McLaughlin, B. F Paulk, Geo. A. Paulk, M. J.

Peacock, Z. V. Smith, E. M. Stovall, A. S. J. Tracy, ('. ('.
Ward, C. A. Walker, J. D. Way, J. B. Wren, W. J.

Those voting in the negative were :Messrs.-

Bonner, T. B. Pletcher, H. M.

Goolsby, R F. }Iangham, J. J.

Thomas, J. R. Trammell, J. R.

Those not voting were Messrs.-

Adams, J. 0. Boykin, H. A. Carlton, J. A. Fagan, T.V.

Harbin, T. W. Lawrence, A. A. }fcCrory, C. R. Pickett, D. C.

Pickett, Roscoe
Ransom, w. }1.
Tison, }lark
Turner, T. R.

~\yes 24, nays 6.

The bill, having received the requisite constitutional majority, was passed as amended and the amendment is as follows:

Committee proposed to amend by adding to line 21 of Section 1, page 1, the following words:

''Provided that no funds appropriated under this bill shall be available until all appropriations made by the Legislature last Kovember for maintenance purposes for 1916 and especially the public school and pension appropriations have been fully paid.

vVEnNESDAY, AuG"GsT 16, 1916.

1()..!9

By Mr. Bale of FloydA resolution to pay the pension to John Ward for
1915.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.

Upon the passage of the resolution the ayes and nays were ordered and the vote was as folJO\YS, towit. :

Those voting in the affirmative were Messrs.-

Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B.
Callahan, J. W.
Dobbs, E. P. Eakes', W. J. Fletcher, H. M. Gillis, N. L. Goolsby, R. F.

Haralson, Pat Harrison, W. T. Holrlen, .Tno. F. Lawrence, A. A. :\Iangham, J. J. :\linter, C. C. :\[onn. E. T. McCrory, C. R. :\IcFarlancl, J. R.
McLaughlin, B. F.
Panik, Geo. A.

Paulk, ]\f. J. Peacock, Z. V. Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tracy, C. C. Trammell, .T. R. Ward, C. A. Walker, J. D. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Adams, J. 0. Carlton, .J. A. Fagan, T.V.

Harbin, T. W. Pickett. D. C. Pickett, Roscoe

Ransom, W. M. Tison, ::\Iark Turner, T. R.

Ayes 33, nays 0.

The resolution, having received tbe requisite constitutional majority, was passed.

By l\fr. Hines of TroupA resolution to appropriate the sum of $60.00 to
pay pension of Mrs. J. W. Brittman.
The report of the committee, which was favora~Ie to the passage of the resolution, was agreed to.

1050

JouRNAL OF THE SENATE,

lJpon the passage of the resolution the ayes and nays were ordered and the vote was as follows:

'l"'hose voting in the affirmative were Messrs.-

Akin, L. R. Bailey, L. S. Bonner, T. B. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Eakes, W. J. Fletcher, H. M. Goolsby, B. F. Harrison, W. T.

Holden, Jno. P. Lawrenee, A. A. l\Iangham, J. J. Minter, C. C. McCrory, C. R. McFarland, J. R. McLaughlin, B. F. Paulk, Geo. A. Paulk, M. J. Peacock, Z. V.

Smith, E. 1\f. Stovall, A. S. J. Thomas, J. R.
Tracy, C. <'.
Trammell, J. R. Ward, C. A. Walker, J. D. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Adams, J. 0. Boykin, H. A. Buchanan, W. A. Carlton, J. A. Fagan, T.V.

Gillis, N. L. Haralson. Pat Harbin, T. W. )[oon, E. T. Pickett, D. C.

Pi<'kett, Roscoe Ransom, W. )'l. Tison, 'r~Iark Turner, T. R.

Ayes 29, nays 0.

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

By :Jfr. :Moore of HeardA resolution authorizing the Governor to take
steps in settling boundary disputes between counties and other States.
'l'he report of the committee, which was favorable to the passage of the resolution by substitute, was agreed to.
Upon the passage of the resolution by substitute the ayes were 30 and nays 0.
The resolution, having received the requisite con-

"WEDNESDAY, AUGUST 16, 1916.

1051

stitutional majority, was passed by substitute, and the substitute was as follows:

SuBSTITUTE FOR HousE REsOLUTION No. 98.

A RESOLUTION.
\YHEREA:::>, There is now pending a controversy as to the boundary lines between the county of Heard in the State of Georgia and Randolph County in the State of Alabama; and
vVmmEAS, There is also a controversy as to the boundary lines between the county of Fannin in the State of Georgia and the county of Polk in the State of r:I'ennessee:
THEREFORE, Be it resolved by the House, the Senate concurring, the Governor of the State of Georgia be and he is authorized to take the necessary steps "-ith the proper authorities in the State of Alabama and Tennessee looking to the establishment of the true boundaries between the counties herein named and the proper marking of the same.

By ::\Ir. Anderson of BanksA resolution to provide for the payment of a pen-
sion to Mrs. Fannie Willis, widow of John vYillis, Confederate veteran, for year 1913.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
Upon the passage of the resolution the ayes and nays were ordered and the vofe was as follows :

1052

JouRNAL OF THE SENATE,

Those voting in the affirmative were Messrs.-

Akin, L. R. Bailey, L. S. Bonner, T. B. Buchanan, 'vV. A. Burnside, J. B. ('allahan, J. W. Dobbs, E. P. Eakes, W. J. Fletcher, H. M. (iillis, X. L. Goolsby, B. F.

Haralson, Pat Harrison, W. T. Holden, Jno. F. Lawrence, A. A. Mangham, J. J. Minter, C. C. )foon, E. T. McCrory, C. R. :McFarland, J. R. :\fcLaughlin, B. F. Paulk, M. J.

Peacock, Z. V. Smith, E. M. Stovall, A. S. J. Thomas, J. R. Tracy, C. C. Trammell, J. R. Ward, C. A. Walker, J. D. Way, J. B. Wren, ,V, J.

Those not voting were Messrs.-

Adams, J. 0. Boykin, H. A. Carlton, J. A. Fagan, T.V.

Harbin, T. W. Paulk, Geo. A. Pickett, D. C. Pickett, Roscoe

Ransom, W. M. Tison, :\lark Turner, T. R.

Ayes 32, nays 0.

The resolution, haYing received the requisite constitutional majority, was passed.

By :Nir. Harris of '\Vashington~-1. resolution appropriating sufficient funds to pay
ordinaries for pension work.
::\Ir. Eakes offered the following amendment, whi(h was adopted, to-wit.:
Amend by adding and including the year 1916.
~Ir. '\Valker offered the following amendment, which waS' adopted, to-wit.:
...:\.dd to the last line on page one the words:
"ProYided no funds appropriated under this bill shall be available until all appropriations made by

'W'EDNESDAY, AUGUST 16, 1916.

1053

the Legislature last November for maintenance purposes for 1916 and 1911 and especially the public schools and pension appropriations for these years be fully paid.''

The report of the committee, which was favorable to the passage of the resolution, was agreed to as amended.

Upon the passage of the resolution as amended the ayes and nays were ordered and the vote was as follows, to-wit.:

Those voting in the affirmative were Messrs.-

Bailey, L. S. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Carlton, J. A. Dobbs, E. l'. Eakes, W. J. Fletcher, H. M.

Haralson, Pat Harrison, W. T. Holden, .Tno. F. Lawrence, A. A. Minter, C. C. ::lfcCrory, C. R. i\lc Farlancl, J. R. l:-'aulk, Geo. A. Paulk, l\i. J.

Pickett, Roscoe Smith, E. M. ::>tovall, A. S. J. Thomas, J. R. Tracy, C. C. Trammell, J. R. Ward, C. A. Way, J. B.

Those voting in the negative were Messrs.-

Goolsby, B. F. ::11angham, J. J.

:\Ioon, E. T. ::IIcLaughlin, B. F.

Peacock, Z. V. Walker, J. D.

Those not voting were Messrs.-

Aclalllll, J. 0. Akin, L. R. Bonner, T. B. Fagan, T.V.

Gillis, N. L. Harbin, T. W. Pickett, D. C. R-ansom, W. l\L

Tison, :.\fark Turner, T. H. Wren, W. J.

Ayes 26, nays 6.

The resolution, haYing receiYed the requisite constitutional majority, was passed as amended.
The follm,ing message was received from His Ex-

10;)4

.JouRNAL OF THE SENATE,

celleney, the Governor, through his secretary, ::\Ir. Jones:

Mr. President: I am directed by His Excellency, the Governor, to
deliver to the Senate a sealed communication, for which he respectfully asks eonsideration in executive sessiOn.
Upon motion the Senate went into exe('utiw sesSion.
Upon motion the executiYe session was dissolnd.
The following House bill was taken up for the purpose of acting on Senate amendments, which the House disagreed to, to-wit.:

By ~Iessrs. Keill and GordyA bill to amend Section 129 of the Code of 1910,
Volume 1, relative to p,rimary elections of Governor, U. S. Senator, State House Officers.
::\Ir. Thomas moved that the Senate recede from its amendment and upon this motjon the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Bailey, L. S. Boykin, H. A. Buchanan, W. A. Callahan, J. W. Dobbs, E. P. Eakl'~. \\' . .T. Gillis, N. L. Goolsby, B. F.

Haralson, Pat Harrison, vV. T. IIoldPn, .J1w. F. .\f?ngham, J. J. .\linter, C. C. :\foou. E. T. McCrory, C. R. .\lcFarland, J. R.

Paulk, :M. J. Pickett, Roscoe Smith, E. M. Thomas, .J. R. 'uacy, C'. C. Trammell, .J. R. Way, J. B. wren, W. J

\VEDNESDAY, AuGU:sT 16, 1916.

1055

Those voting in the negative were .l'\fessrs.-

Akin, L. R. Burnside, J. B. Fletcher, H. M.

La\\Tence, A. A. ::lfcLaughlin, B. F. Peacock, Z. V.

StoYall, A. S. J. Turner, T. R.

Those not voting were Messrs.-

Adams, J. 0. Bonner, T. B. Carlton, J. A. Fagan, T.V.

Harbin, T. IV. Paulk, Geo. A. Pickett, D. C. Ransom, W. ::IL

Tison, Mark Ward, C. A. Walker, J. D.

Ayes 24, nays 8.

'l"'he motion was adopted and the Senate receded from its amendment.

The following House bill was taken up and read a third time to be put upon its passage, to-wit.:

By ~Iessrs. Blackburn, Atkinson and AndrewsA bill to appropriate $12,500 to the Georgia Train-
ing School for Girls.

' The report of the committee, which was favorable to the passage of the bill, was agreed to.

Upon the passage of the bi1l the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs~-

Akin, L. R. Bailey, L. S. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Eakes, W. J.

Gillis, N. L. Goolsby, B. F. Haralson, Pat Harrison, W. T. Holden, Jno. F. Lawrence, A. A. :!\iangham, J. J. Minter, C. C.

::llct'arland, J. R. McLaughlin, B. F. Paulk, M. J. Smith, E. M. Tracy, C. C. Ward, C. A. Walker, J. D. Way, J. B.

1();)6

JouRNAL OF THE SENATE,

Tho:,;e voting in the negatiYe were ~Iessrs.-

Bonner, T. B. Fletcher, H. M.

}fonu. E. T. ThfcCrory, C. R.

Thomas, J. R. Trammell, J. R.

Those not Yoting were ~Iessrs.-

Adams, J. 0. Carlton, J. A. Pagan, T.V. Harbin, T. W. Paulk, Geo. A.

Peacock, Z. V. Pickett, D. C. Pic-kett, Roscoe Ransom, W. :\f.

StoYa1J, A. S. J. Tisun, l\Iark Turner, T. R. 'Yreu. W . .T.

Ayes 2+, nays 6.

The bill, having received the requisite constitutional majority, was passed.
Upon motion of .Mr. \-Yalker the t::lenate reconsidered its action in passing the above bill.
'l'he bill was again taken up and read the third time and put upon its passage.
The committee offered the following amendment, which was adopted, to-wit.:
Amend caption by striking from the caption the words ''For the erection and equipment of a hospital'' and inserting in lieu thereof the words: ''For the erection and equipment of such buildings as the board of trustees may deem necessar~-'' so that the caption as amended will read as follows: ''A bill to be. e'ltitled an Act to appro.priate the snm of $12,500.00 to the board of the Georgia Train~ng School for Girls for the erection of such buildings as the board of trustees may deem necessary, and for other purposes.''
Also amend by adding to line 3 in Section 2 the following words:

WEDNESDAY, AuGUST 16, 1916.

1057

''Provided at that time all appropriations made by the last Legislature for maintenance purposes for 1916 and especially for public schools and pension appropriations shall have been fully paid.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
Upon the passage of the bill as amended the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Akin, L. R. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Eakel'!, W. J. Gillis, N. L. Goolsby, B. F.

Haralson, Pat Harrison, W. T. Holden, .Jno. F. Lawrence, A. A. }{inter, C. C. M-cCrory, C. R. l\IcFarland, J. R. Paulk, Geo. A. Paulk, l\f. J.

Peacock, Z. V. Smith, E. M. Stovall, A. S. J. i racy, C. C. Trammell, J. R. Walker, J. D. Way, J. B. Wren, W. J.

Those voting in the negative were Messrs.-

Bonner, T. B. Fletcher, H. M.

Mangham, J. J. Moon, E. T.

McLaughlin, B. F. Thomas, J. R.

Those not voting were Messrs.-

Adalllll, J. 0. Bailey, L. S. Carlton, J. A. Fagan, T.V.

Harl-in, T. W. Pickett, D. C. Pickett, Roscoe Ransom, W. M.

Tison, Mark Turner, T. R. Ward, C. A.

Ayes 26, nays 6.

The bill, having received the requisite constitutional majority, was passed as amended.
.Mr. Peacock of the 14th District, Chairman of the Committee on Corporations, submitted the following report:

1058

JouRNAL OF THE SENATE,

Mr. President: Your Committee on Corporations has had under
consideration the following bill of the House and instruct me as their chairman to report same back with a recommendation that same do pass, to-wit.:
A bill to authorize the city council of Augusta to require the grading, paving and impro,;ing of the streets of Augusta.
Respectfully submitted, PEACOCK, Chairman.

The Senate adopted following report of Conference Committee on House Bill 38 (Game and Fish Bill) :

Mr. President: The committee on conference, on disagreement on
amendments between Senate and House to House Bill Xo. 38, han agreed and report as follows: That mnendment by }fr. McCrory of the 13th be changed to read as fo1lows:
Amend Section 7 of the bill by striking from said section all after the word ''by'' in line 4, to the word "by" in line 8.
The Senate recedes from the Lawrence amend. ments 1st, ~d and 3d.
C. R. l\IcCRORY, Chairman on Part of Senate;
W. J. VVREN, J. B. VVAY.
The Senate adopted the following report upCJn the

-WEDNESDAY, AuausT 16, 1916.

1059

House bill to establish the City Court of Swainsboro, to-wit.:

illr. President: Your committee on conference recommend that
the Senate recede from its amendment to Section 1 of the bill and the conference committee proposes that Section 1 of the bill be amended as follows:
By adding at the end of said Section 1 the following language: "Provided that said City Court of Swainsboro shall have jurisdiction of all trover cases regardless of the amount involved.''
Senate recedes from its amendment of Section 2, House recedes from its objection to Senate amendment to Section 3.
House recedes from its disagreement to Senate amendment to Section 6.
Senate recedes from its amendment to Section 8 of the original bill, except that same shall be amended by striking the figures $900.00 wherever they occur, and inserting in lieu thereof the figures $1,000.00.
House recedes from its disagreement to Senate amendment to Section 12.
House recedes from its disagreement to Senate' amendment to Section 13.
House recedes from its disagreement to Senate amendment to Section 14.
House recedes from its disagreement to Senate amendment to Section 23.

1060

JOURNAL OF THE SEN ATE,

House recedes from its disagreement to Senate amendment to Section 51.
Respectfully submitted, H. A. BOYKIN' J. B. BuRNSIDE,
On Part of Senate.
HERMAN SwiFT, N. B. CuLPEPPER, BEcK of Carroll,
On Part of House, Conference Committee.

The following House bills were read a third time to be put upon their passage, to-wit.:

By Mr. :Yieadows of vVayneA bill to alter and amend Section 371 of the Code
of 1910.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
upon the passage of the bill the ayes were 25 and
nays 0.
The bill, l1aving received the requisite constitutional majority, was passed.

B:v Mr. Bale of FloydA bill to make the larceny of a-qtomobiles, loco-
mobiles, etc., a felony.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

wEDNEsDAY, AuausT 16, 1916.

1061

upon the passage of the bill the ayes were 24 and nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Messrs. Olive, Beall and \VoodwardA bill to authorize the city of Augusta to require
the grading and paving of streets and alleys.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
upon the passage of the bill the ayes were 30 and nays 0.
The bill, having received the requisite constitutional majority, was passed.
By Mr. Ledbetter of PolkA bill to amend Section 2167 of the Civil Code to
enable females to be clerks of ordinaries.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes "\Vere 24 and nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following House resolution was taken up for the purpose of acting on the House amendment to the Senate amendment, to-wit.:
By Mr. DartA resolution to appropriate $30,000 to complete
the payment of pension rolls for 1916.

1062

JouRNAL OF THE SENATE,

The House amends the Senate amendment as follows:
By striking the words and figures, two hundred and twenty-fivethousand dollars ($225,000) and inserting the words and figures, one hundred and seventy-five thousand dollars ($175,000).
The Senate concurred in the House amendment.
The following resolution was read and adopted:

By Mr. Paulk of the 6th DistrictThat the General Assembly adjourn sine die at 7
o'clock p. m. this day.
The Senate took a recess at 5 :15 p. m., subject to the call of the chair.
The Senate reconvened at 6 o'clock p. m. and was called to order by the President.
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 bill of the Senate, towit.:
A bill for relief and discharge of Oscar Rogers from confinement in Georgia State Sanitarium.
The House has concurred in the Senate amendments to the following bills of the House, to-wit.:
A bill to require all purchasers of cotton seed in the State of Georgia to keep a record thereof.

\VEDXESDAY, AuGusT 16, 1916.

]063

A bill to provide as compensation for the Treasurer of Lincoln County a salary of $200.00 per year.
A bill to appropriate to Trustees of University of Georgia for use of State Normal School $100,000.
The House has concurred in the Senate amendments as amended to the following bill of the House, to-wit.:
..:"" bill to fix the salary of the T'reasmer of Butts County.
The House has concurred in the Senate substitute to the following bill of the House, to-wit.:
A bill to amend the charter of the city of Social Circle.
The House has receded from its disagreement to the Senate amendment to the foHowing bill of the House, to-wit.:
A bill to repeal the Act creating the City Court of Nashville.
The House has disagreed to the Senate substitute to the following bill of the House, to-wit.:
A bill to require school attendance of children when they have not completed fourth grade.
The following resolution was read and adopted:
By Messrs. Holden, :Yiangham and l\fcFarland-

A RESOLUTION" OF SYMPATHY FOR SENATOR \V. :JL RANSOM.
-WHEREAs, Senator "\V. J'\f. Ransom, of the 42nd District, has been on account of illness compelled to ab-

1064

JouRNAL OF THE SENATE,

sent himself from the session of this Senate during 1~16, and
WHEREAs, We, his colleagues, have lost his presence and coul).sel and assistance in disposing of the various matters coming before us, and
WHEREAs, The State of Georgia has, on account of his affliction, been deprived of his valuable and conscientious services, and
WHEREAs, He is still confined to his bed from said illness:
THEREFORE BE IT REsOLVED by the Senate, That we offer our tenderest sympathy and condolence to our distinguished colleague and wish for him a complete restoration to his former health. We point him to the Divine Guidance of the Master of men, and hold out to him the hope that beyond this vale of trouble is the cloud with the silver lining, and that while his suffering has deprived us of his presence, we yet hope that a merciful Providence will restore him to health and many years of usefulness yet to come.
REsOLVED FuRTHER, That a copy of these resolutions be sent Senator Ransom properly certified by the Secretary of this body and be spread also upon their Journal.
The following report of the Conference Committee upon Senate Bill Ko. :?51 was read and adopted:

Mr. President: Your Conference Committee on tl1e part of the

WEDNESDAY, AuGUST 16, 1916.

1065

Senate has c-onferred with a like Committee from the House, and recommend that the following be adopted as a substitute for House Amendment No. 4 to Senate Bill No. 251:

4th. By striking out all of Section 24, page 5, af-

ter the word "now", and before the word "oper-

ate,'' and by adding t-o said section the following:

''And provided, further, that no interurban railroad

existing now or chartered under the provisions of

this Act shall acquire by purchase, lease, or other-

wise, any existing interurban or street railroad, or

any hereafter chartered, the effect of which will be

to parallel the western & Atlantic Railroad so long

as the same remains the property of the State of

Georgia; and the provisions of this Act shall not

either directly or indirectly repeal or modify the Act

approved August 11th, 1915. And nothing in this

Act shaH ever be used or. construed to confer the

right on the part of any railroad or interurban rail-

road company to parallel the \Yestern & Atlantic

Railroad, so long as it shall remain the property of

the State.''

A. A. LAWRENCE,

F: B.

xicLAUGHLIN,

-c. c. MINTER,

Committee on part of Senate.

Mr. McCrory arose to a question of personal priv-. ilege and addressed the Senate as follows:

Mr. President and Fellow Senators: I hold in my hand the :Macon News in which is published the following:

1066

JouRNAL OF THE SENATE,

"SOLONS ARE FOOLS, PRIEST INSINUATES.

"SAVANNAH CATHOLIC GIYEs OuT H1s VIEWS ON
LAW TO INVESTIGATE CHARITABLE INSTITUTIONS.
"Savannah, Ga., Aug. 15.-Rev. Benj. J. Keiley, head of the Catholic church in Georgia, when asked today what he thought of the passage by the Senate of the bill authorizing the inspection through grand juries of all charitable eleemosynary institutions, said:
'' 'I have not as yet had an opportunity of reading this piece of anti-Catholic legislation, and so I am not familiar with its details. I do not know what persons are directed to make this so-called search, but if the bill provides that a legislative committee make the inYestigation I will, of course, feel called upon to insist that some gentlemen should be present, for I would not think of permitting members of this Legislature to go into" any religious house in this diocese unless the inmates had some gentlemen present upon whom they could call in case of necessity.
" 'I see the bill to transfer the capital to Macon could not muster enough votes. I am surprised that the idea of transferring the legislative part of the government to Milledgeville fell through, though I would imagine that the members might be a little sensitive on the subject of -:\1illedgeville. If the advocates of the transfer of the capital to :\faron had been wise they might have helped their cause very much by suggesting an immediate use for the present building in Atlanta. The State House would make an admirable home for the feebleminded and

WEDNESDAY, AuGusT 16, 1916.

1067

there would be little or no difficulty in finding sub-. jects from all Georgia who are just now wasting their time and the people's money in the House and Senate. There are doubtless a few exceptions.
'' 'Of course, this piece of intolerant bigotry will make no difference to us. I am waiting to see if Governor Harris will sign the bill and if any one of the candidates for Governor will have the manliness and decency to recommend. A large number of the Sisters in Georgia have fathers and brothers who are living in the fState and are estimable and respected citizens, who will, no doubt, appreciate if some gentlemen, preferably the fathers or brothers of some of the Sisters, shall be present to protect the ladies present.
" 'It is so extremely in keeping -with the deeply religious and chivalrous spirit of the men who voted for this bill that the object of their attack are woment some of whom nursed the yellow fever patients here and a few who were in the hospitals during the war between the States. It is so worthy of Southern gentlemen to insult women.' ''
~{r. President and Senators, I have been taught. from my youth up to respect any minister or priest_
If the Rev. Benj. J. Keiley is the head of the Catholic c>lmrch, of Georgia and reflects the sentiments of that c>hurch as published in this article, then it would seem as if the Catholic church does not intend to obey the laws of a sovereign State.
The statement by the Rev. Benj. J. Keiley that if a committee from the Legislature should visit any re-

1068

JouRXAL OF THE SENATE,

ligious house in the diocese he would insist that some "gentlen'W!n be present upon whom they could <!all in case of necessity," reflects the beast that he is.
No gentleman, much less a high-toned Christian gentleman, would make such an assertion. I will say that I am quite sure the female mem:bers of his church would be in better company with the members of this Legislature than if closeted with this pot-bellied, miscalled priest.
The other statement of the Rev. Keiley, that the Capitol building be made an asylum for the insane and the members of this Legislature incarcerated therein, is in keeping with his vile and debauched mentality.
I guess G-overnor Harris will sign the bill as no reason is given why be should not approve it.
Respectfully,
C. R. McCRORY,
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mt. President: The House has concurred in the following resolu-
tion of the Senate, to wit. :
A resolution providing that the General Assembly do adjourn today at 7 o'clock, P. M., sine die.
On motion of Mr. Stovall the Senate insists in its substitute to the following bill of the House, to wit.:
By Messrs. Hutcheson and NunnA bill to require school attendance of children,
when they have not completed the 4th grade.

-WEDNESDAY, AuausT 16, 1916.

1069

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

Mr. President: The House has passed as amended by the requisite
.constitutional majority the foilo-wing bill of the Senate, to wit.:
A bill to permit the bringing of alcohol into the State of Georgia, for the purpose of its use in manufacturing articles of commerce.
The House has concurred in the following resolution of the Senate, to wit.:
A resolution relative to use of Hall of House of Representatives and Senate Chamber by certain parties.
The following message was receiYed from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President: The House has adopted the following resolution, in
which the concurrence of the Senate is asked,- to wit.:
A resolution that committee of three from House and two from Senate be appointed to notify the Governor that the General Assembly will adjourn at 7 o'clock, sine die.
The following House bills were taken up and read tl?e third time, to be put upon their passage, to wit.:
By Mr. CarterA bill to amend Article 11, Section 1, Paragraph
2 of the Constitution of Georgia.

1070

JouRNAL OF THE SENATE,

The report of the committee; which was favorable to the passage of the bill, was agreed to.
L"pon the passage of the bill the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J: B. Callahan, J. W. Dobbs, E. P. Fletcher, H. M. Gillis, N. L. Goolsby, B. F.

Haralson, Pat Harrison, W. T. Holden, Jno. F. Lawrence, A. A. Mangham, J. J. .Minter, C. C. )foon, E. T. 1\fcCrory, C. R. :\1cFarland, J. R. McLaughlin, B. F.

Paulk, M. J. Peacock, Z. V. Pickett, D. C. Pickett, Roscoe Smith, E. M. Stovall, A. S. J. Trammell, J. R. Walker, J. D. Way, J. B. Wren, W. J.

Those not voting were Messrs.-

Adams, J. 0. Akin, L. R. Carlton, J. A. Eakes, 'V. J. Fagan, 'LV.

Harbin, T. W. Paulk, Geo. A. Ransom, W. i\1. Thomas, J. R.

Tison, l\fark Tracy, C. C. Turner, T. R. Ward, C. A.

Ayes 30, nays 0.

The bill, having received the requisite constitutional majorit:)T, was passed, and the hill is as follows:

Amendment to the Constitution:

The following amendment to Article 11, Section 1, Paragraph 2 of the Constitution of Georgia, is hereby proposed to the people of Georgia, by the House of Representatives of the General Assembly of the State of Georgia.

The amendment is proposed to that portion of said section, parag-raph and article, which creates

WEDNESDAY, Al:G"l'ST 16, 1916.

1071

the County of Bacon, and is as follows: That said County of Bacon is hereby declared to be a statutory county, the General Assembly of the State of Georgia is hereby given the power by legislation to create local offices and local courts in the said county, other than those provided for in this Constitution; and it is further declared that the General Assembly shall have the same power to legislate in reference to said County of Bacon, that it now has as to other counties in the State. That all laws applicable to the counties in this State are hereby made to apply to the said County of Bacon. That said County of Bacon is hereby authorized to create a bonded debt not to exceed one hundred thousand dollars ($100,000) for public improvements in said County of Bacon, b:- the consent of the majority of the regular qualified voters of said County of Bacon voting at election for that purpose. That said election to create said debt shall be held under law no"- in force, for creation of the debt.

Sec. 2. The Governor is hereby required and directed that when this proposed amendment shall he agreed to hy the General Assembly as required by the Constitution, to the voters of this State, at the next general election to be held on Tuesday after the first Monday in Kovember next, and shall cause this amendment to be advertised in at least two papers in each Congressional District in this State, at least two months before said next general eleetion, and if the majority of the qualified voters of this State voting at said election shall hy their votes

1072

JouRNAL oF THE SENATE,

ratify this proposed amendment to the Constitution, said amendment shall become part of Constitution of this State.
Sec. 3'. That it shall be the duty of the Secretary of the State to certify the results of the votes on this amendment to the Governor, when said vote is so certified that it shall appear by majority of qualified voters, voting at said election, voted in favor of this amendment, the Governor shall issue his proclamation to such effect.
Sec. 4. That the form of submission of this proposed amendment shall ibe as follows: each voter shall have written or printed on his ticket the following words: ''In favor of the ratification of amendment of Paragraph 2, Section 1, Article 11 of the Constitution of Georgia, amending that portion of Paragraph :2, creating the County of Bacon," and those opposed to the ratification of this amendment shall have printed or written on their ticket: "Opposed to ratification of amendment to Paragraph 2, Section 1, .Article 11 of Constitutional Amendment, Paragraph 2, in reference to the County of Bacon.''

By }.:Ir. Dorsey of CobbA bill to amend Section 1483 of the Penal Code,
so as to provide for the payment of additional pensions to maimed ex-Confederate soldiers.
The report of the committee, which was faYorable to the passage of the bill, was agreed to.
Upon the passage of the bill the ayes were '27, nays 0.

WEDNESDAY, AuousT 16, 1916.

1073

The bill, having- received the requisite constitutional majority, was passed.

By :Mr. Ennis of BaldwinA bill to amend an Act a~thorizing the Board of
Trustees of Georgia State Sanitarium, to establish a training school.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passag-e of the bill the ayes were :29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By Mr. Ennis of BaldwinA bill to amend Section 1572 of the Code of Geor-
gia, relative to appointment of Trustees of State Sanitarium.
:Ylr. Adams offered the following amendment, which was adopted, to wit. :
The provisions of this bill shall not become operative until December 1st, 1917.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
Upon the passage of the bill the ayes were 23, nays 0.
The bil.l, having received the requisite constitutional majority, was passed, as amended.

1074

JouRNAL OF THE SENATE,

By Mr. Ennis of BaldwinA bill to amend Section 1571 of the Code of 1910.
Mr. Adams offered the following amendment, which was adopted, to wit. :
Amend by adding at "the end of Section 1: ''The provisions of this bill shall not become operative until December 1st, 1917."

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

Upon the passage of the bill as amended the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

By :Jfr. \Vohlwender of :JiuscogeeA bill to prohibit what are called "popularity con-
tests", and provide a penalty therefor.
Mr. Smith offered the following amendment, which was agreed to, to wit.:
Amend Section 1 by adding the following to said section:
''Provided, however, that the provisions of this Act shall not apply to weekly newspapers, which have no connection with any daily paper, and which do not have a circulation of over 4,000 subscribers.''
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

WEDNESDAY, AuousT 16, 1916.

1075

Upon the passage of the bill as amended the ayes were 24, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from his Ex-

cellency, the Governor, through his Secretary, Mr.

Jones:

~

M1. 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.
'l'he following message from the Governor was read, to wit. :

August 16, 1916.
1'o the Sena.te and House of Representatives:
I am returning to you herewith Bill No. 20, entitled an Act to provide for nominations by political parties, etc., at primary elections, etc., without my approval.
This bill seeks to lay down a different rule for the primary in the State than that which was :fixed by the Executive Committee of the party at -:\'lacon upon which all the candidates have announced for nomination. I have felt that the bill was unjust to all the eandidates; but my objection to it goes deeper than this. I enumerate those objections as follows:
1. The bill applies to the primary which is to take plaee on Sept. 12th, and was passed hy a Legislature

1076

JouRNAL OF THE SENATE,

of which the Governor, who is a candidate for reelection, was a part. It would subject him, therefore, to great criticism either that he was trying to help himself if he signed it, or, if he vetoes it, that he does so because he was afraid it would injure his own chances.
2. The bill limits the discretion of the party in the ascertainment of the will of its members touching its own candidates who shall represent it, and makes statute law out of what, generally speaking, should be subject to party regulation.
3. The bill, if it is enacted into law, would render the canvass for the offices to which it refers, in every case where there is more than two candidates, and neither secures a majority of the votes necessary to elect, so cost1.y that no one but a rich man, or a man who represented some interest that was thought to be in jeopardy, could afford to enter the race. Its effect would be to turn the offices over to the very rich as the Legislature has not seen fit to limit the expenditures in seeking any of the offices to which the Act refers. It is difficult now to find men to run for office who have enough money to pay the ordinary expenses of the same, but to superimpose a second primary upon two men, the whole expense of which must be borne by them, is to put it beyond the reach of any but the very rich to go forward to the end. The great common people would be entirely cut out.
4. The evil which the bill was thought to remPcly, viz.: the abuse of its powers by the convention,

WEDNUDA.Y, Auau!fl' 16, 1916.

1077

could have been handled by providing' rules for the convention regulating the ballots and providing that the lowest man should be dropped after a certain number of ballots had been taken. But this is suggested only as proof of the fact that there are other ways by which the difficulty can be met than by the one suggested.

5. As there will be another Legislature 'before there will he another election, and it seems manifestly unjust to allow a change of the rules at the present time by legislative enactment, there can be no serious damage result to the party or people by failing to enact the proposed statute at the present session.
Respectfully submitted, N. E. HARRis, Governor.

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

Mr. Preride'lltt: The Speaker has appointed the fol1owing mem-
bers as the committee on the part of the House raised under the Senate Gober Form Book Bill. Messrs. Atkinson of ],ulton,
Morris of Cobb, Bale of Floyd.
The following message was received from the House through :\fr. Boifeuillet, the Clerk thereof:

.ll!fr. President: The House has passed by the requisite constitu-

1078

JouRNAL OF THE SENATE,

tiona! majority the following bills of the Senate, to wit.:
A hill to provide for the purchase by the State of Georgi.a of Gober's Form Book.
A bill to amend an Act to establish a Board of Osteopathic Examiners.
A bill to amend an Act to establish a State Board of Embalmers.
A hill to provide for the appointment of a Factory Inspector by the Commissioner of Commerce and Labor.
A hill to make it a crime to steal gas.
The House has concurred in the Senate amendments to the following bills of the House, to wit.:
A bill to amend Section 1572 of the Code of 1910, relative to appointment of Tru~tees of State Sanitarium.
A bill to amend Section 1571 of the Code of 1910, so that management of the State Sanitarium will be conducted by nine, instead of ten trustees.

A hill to provide for the special registration for any election in any county to determine whether said eounty can create a debt, and for other purposes.

A hill to prohibit what are commonly called "popularity contests", and to proYicle a penalty therefor.

A hill to amend the Act creating ,Juvenile ('ourts in certain counties.

WEDNESDAY, AuGusT 16, 1916.

1079

A bill to appropriate the sum of fifty thousand dollars for the purpose of building a dormitory upon the campus of the Georgia Normal and Industrial College.
A bill to appropriate to the Trustees of Resaca Confederate Cemetery for use of said cemetery, $500.00.
A bill to appropriate the sum of two hundred thousand dollars for the Georgia State Sanitarium.
A bill to appropriate $12,500 to the Georgia Training School for Girls.
A bill to ,amend the charter of Thomasville.

A bin to amend the Act creating City Court of Gray.

A bill to appropriate in paymeut of stenographer for joint committee on auditor's report.
The House has receded from its disagreement to the Senate substitute to the following bill of the House, to wit.:
A bill to require school attendance of children when they have not completed fourth grade, and for other purposes.

The House has adopted the report of the Conference Committee on the following bills of the House, to wit. :
A bill establishmg the City Court of Swainsbo-;_p in and for the County of EmanueL

1080

JouRNAL OF THE SENATE,

A bill to amend an Act entitled an Act for the protection of game animals and birds and fish.
The House has concurred in the Senate ameuclments to the following resolutfons of the House, to wit.:
A resolution appropriating sufficient funds to pay ordinaries for pension work in 1915.
A resolution to appropriate ($1,000.) one thousand dollars for improvement and care of Confederate Cemetery at :\farietta, Georgia.
A resolution authorizing the Governor to take steps in settling boundary disputes between counties of this and other States.
The President appointed the following Senators as members of the Committee on Gober's Form Book, under the provisions of Senate Bill No. 39, to wit.:
~fessrs. Moon and Adams.
1Ir. Burnside of the 29th District, Acting Chairman of the Committee on Enrollment, submitted the following report:

Mr. President: The Committee on Enrollment report as duly en-
rolled and ready for the signature of the President of the Senate and Speaker of the House of Representatives the following Acts and resolutions, to wit.:
An Act to ammd Section 2044 of the Code of 1910.
An Act to fix the salary of the Treasurer of Upson County.

WEDNESDAY, AuGUST 16, 1916.

1081

An Act to provide for the assessment, giving and approval of supersedeas bonds, in certain criminal cases.
An Act to authorize banks and trust companies to accept drafts and bills of exchange drawn on them.
An Act to amend the charter of the City of Helena.
An Act to provide for the office of Notaries Public at Large.
An Act to amend the charter of the town of Hillsboro.
An Act for the relief of Oscar Rogers.

An Act to prescribe the number of Judges of the Court of Appeals.

An Act to fix the salary of the Treasurer of Worth County.

A resolution restricting the use of the Senate Chamber and Hall of the House of Representatives.

An Act to fix the salary of the Sheriff of the Supreme Court.

An Act to provide the manner in which fidelity insurance companies and surety companies may retire from doing business.

An Act to amend the charter of the City of Douglas.

An Act to amend Section 1207 of the Penal Code of 1910.

1082

Jo-cRNAL OF THE SENATE,

An Act to amend an Act providing for the leasing or other disposition of the \Vestern and Atlantic Railroad.
An Act to make it a crime to steal gas.
An .Act to amend an Act to incorporate the City of Gainesville.
A resolution releasing J. R. \Yestberry, Sr., as security on criminal bond.
An Act to amend an Act to establish a Board of Osteopathic Examiners.
An ~-\.ct to amend an ~-\.ct to estabiish a State Board of Embalmers.
An Act to }Wovicle for the appointment of a Factory Inspector by the Commissioner of Commerce and Labor.
An Act to provide for the purchase by the State of Georgia of Gober's Form Book.
An Act to create the Tifton Judicial Circuit.
An Act to amend the General Act for the incorporation of railroads.
An Act to amend an Act to provide for the leasing of the \\'estern & Atlantic Railroad.
An Act to permit the bringing of alcohol into the State of Georgia for the purpose of its use in manufacturing articles of commerce.
An Act to create the City Court of )lorgan, in and for the County of Calhoun.

WEDNESDAY, A"LGUST 16, 1916.

1083

An Act to amend Section 2 of Article 6 of the Constitution of the State of Georgia, and for other purposes.
An Act to accept and carry out the provisions of the Act of Cong-ress approved June 3, 1916, providing- for the reorganization of the Army and National Guard.
Respectfully submitted, J. B. BuRNSIDE, Acting- Chrmn.

)fr. Burnside, of the 29th District, Acting Chairman of the Committee on Enrollment, submitted the following- report:

Mr. President : The Committee on Enrollment report as duly
sig-ned 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 amend Section 2044 of the Code of 1910.
An Act to fix the salary of the Treasurer of Upson County.
An Act to provide for the assessment, giving and approval of supersedeas bonds in certain criminal cases.
An Act to authorize banks and trust companies to accept drafts and bil1s of exchange drawn on them.
An Act to amend the charter of the City of Helena.

1084

JOURNAL OF THE SENATE,

An Act to provide for the office of Notaries Public at Large.
An Act to amen_d the charter of the town of Hillsboro.
An Act for the relief of Oscar Rogers.
An Act to provide the number of Judges of the Court of Appeals.
An Act to fix the salary of the Treasurer of vYorth County.
A resolution restricting the use of the Senate Chamber and Hall of the House of Representatives.
An Act to fix the salary of the Sheriff of the Supreme Court.

An Act to provide the manner in whjch fidelity insurance companies and surety companies may retire from doing business.

An Act to amend the charter of the City of Douglas .

.An Act to amend Section 1207 of the Penal Code of 1910.

An Act to amend an Act providing for the leasing or other disposition of the Western & Atlantic Railroad.

.c\.n Act to make it a crime to steal gas.

An Act to amend an Act to incorporate the City of Gainesville.

WEDNESDAY, AuGUST 16, 1916.

1085

A resolution releasing J. R. \Vestberry, Sr., as security on criminal bond.
An Act to amend an Act to establish a Board of Osteopathic Examiners.

An Act to amend an Act to establish a State Board of Embalmers.
An Act to provide for the appointment of a Factory Inspector by the Commissioner of Commerce and La'bor.

An Act to provide for the purchase by the State of Georgia of Gober's Form Book.

An Act to create the Tifton Judicial Circuit.

An Act to amend the General Act for the incorporation of railroads.

An Act to amend an Act to provide for the leasing of the vVestern & Atlantic Railroad.

An Act to permit the bringing of alcohol into the State of Georgia for the purpose of its use in ~an ufacturing articles of commerce.

An Act to create the City Court of Morgan, in and for the County of Calhoun.

An Act to amend Section 2 of Article 6 of the Constitution of the State of Georgia, and for other purposes.

An Act to accept and carry out the provisions of the Act of Congress, approved June 3d, 1916, provid-

1086

J Ot:mNAL OF THE SENATE,

ing :for the reorganization o:f the Army and National Guard.
Respectfully submitted, J. B. Bt:mNSIDE, Acting Chrmn.
The hour of 7 o'clock, P. M., having arrived the President, in pursuance of the joint resolution previously adopted, declared the Senate adjourned sine die.

INDEX
'TO THE
SENATE JOURNAL
FOR THE
YEAR 1916

INDEX

PART I. SENATE BILLS.

ADDRESS-

~nnual message of GoYernor . . . . . . . . . . . . . . . . . . . . . .

1:3

AD.JOURN:\IBXT, sine die . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1086

AD:\ITXfSTRATOR8-

To regulate appointment of . . . . . . . . . . . . . . . . . . . . . . .

221

AGRICULTl:RAL SC'HOOL5 AND COLLEGES-

To proyidc for scholarship in State College of Agri-

<ultme . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .

244

ALCOHOL (ser: Liquor and Liquor Traffic).

APPELLATE COURTS (see Court of Appeals)To proYidc for relief of . . . . . . . . . . . . . . . . . . . . . . . . . . 204 261

APPOIKT::\iK:'\T-

Committr:e on Tuberculosis Sanitarium . . . . . . . . . . . . .

227

AUTO:\fOBTLBS, MOTORCYCLES, ETC.-

To prescribe punishment for theft of .......... 108 252 450

To rt'gulate nmning of

179

BADGES AXD BUTTOXS-

To make penal to wear, when not a member. . . . . . . .

732

BAXKS AXD BA.:\KIXGTo confer upon banks right to do business as trust company ..................................... 10 298 457

BOARD OJ<' HEALTH (see State Boa.rd of Health).

BO.:\DS, S1:PERSEDEA8To proYide for assessment in certain cases .... 90 159 173 2!'i8

BOUNDARIESTo amend Section 16, Yo!. 1 of Code, define State boundary .................................... 205 260 631

1090

INDEX

('
CHARTERS, MUNICIPALTo amend several Acts relating to mayor and aldermen of Savannah .................... 107 173 262 541 591 To amend charter of City of Gainm, ville .......... 1,)4 173 194 To incorporate the town of Hinesville ............. . 159 19:? To amend charter of City of Douglas ............ 1 SO :?61 357 To amend and revise laws incorporating mayor and aldermen of Savannah ......................... . :?:?0 :lO:? To repeal an Act to incorporate C'ity of Isabella .. 2,),) 298 :\:)1 To extend the boundary line of town of }fount Airy, ~~~ ;],)9 -lS:'i To amend the charter of City of Gaines\ille ...... :?99 :l:?O :l-l(l To amend an Act to incorporate City of Rlakely .. :l.)O -lll-l -l2:? To amend an Act creating Board of Lights and 1\'ater Works for Marietta .......................... :).)0 -l,)() -l84 To amend charter of City of .Tackson ............ -l:!O -J..)() -J.S,) To amend charter of town of 1\'arsaw . . . . . . . . . . H:l .)8/ (j;2;j To amend charter of town of Hillsboro .......... H1S 503 528 To amend charter of City of :.Iarietta ........... 49.5 519 572 To amend charter of City of Blakely ........ 520 ()2:\ 165 84.) To repeal an Act to incorporate the City of Blakel~-. 5B 6:23 698 To authorize City of Hogansville to create a rleht. 112-l 640 698 To amend charter of City of Gainesville ........ 6-l2 fl97 736 To incorporate City of Helena .................. 1:10 765 S-l6 To repeal charter of town of Stonewall .......... Sfi1 894 9%

CHARTERS-

To confer upon superior courts power to accept sur-

render of ...................................... .

-381

CHILDREN (see Minor Children)-

To compel father or guardian to furnish children

food, clothing, etc. . ............................ .

98

CIGARETTES---

To prohibit manufacture and sale of .............. .

19:)

CODE Al\IEND:.fENTSTo amend Section 3438 of Ci\'il Code of 1910 ...... 9 261 299 To -repeal Section 2624 of Civil Code, relative to attorney to Railroad Commission ................. . ll 208 To make it penal to Yiolate Section 3436 of Ci,il ('orlp of 1910 ...................................... 12 260 299 To amend Section 4000, Yol. 1 of Code of 1910 .... 90 261 :101

INDEX

1091

To amentl :Sertion ];)3-! of Code of 1910 ............ 90 106 165

To amen<] Section 9-!6 of CiYi! Code, relatiYe to ped

dlers .......................................... .

91

To amend :Section .)'i-!.) of CiYil Code of 1910 ....... .

95

To amend Section (iO(j of Criminal Code of 1910, rela

tiYe to fish nets ................................ .

97

To amend Section 2632, Vol. 1 of Ci,i] Code ....... .

98

To amend Sedion 2036 of ('ode of 1910 ............ . 180 261

To amend Section 15:34, Vol. 1 of Code of 1910 ..... .

19-!

To amend Section 14 of Political Code .......... 194 261 630

To amend Section 1003 of CiYil Code, relative to tax

returns .............................. 196 209 214 506 54-!

To amend Section 2244 of Code of 1910 ........... 204 223 216

To amend Section 16, Vol. 1 of Code ............. 205 260 631

To amend Section 323, Code of 1910 ............... .

221

To amend Section 2931, Vol. 1 of ('ode ............. .

221

To amend Section :38.~1 of Code of 1910 ........... . 222 256

To amend Section 1207 of Penal Code,

254 359 656 660 /36 1044

To amend Section 4/SO, Vol. 1 of Code..............

255

To amend St'ction 4252 of the Code of 1910 ......... 260 302

To amend Section :1444 of the C'h'il Code. . . . . . . . . . 260 301

To repeal Sections :l4:38 and 3442 of Code of 1910. . . . 299 504

To amend Sertion 824 of C'iYil Code ................ 317 529

To amentl Section :3fl36 of Coill' of Georgia ...... 468 639 891

To amend Section 2;)8/ of ('i,il f'ode .............. 46S. 496

To amend Section 3306 of Code of 1910 ............ 495 624

To amend Section 4/41 of C'iYil Code. . . . . . . . . . . . . .

54~

To amenil Section 3436 of Code of 1!110 .......... 586 643 730

To amend Section 64/ of Ci \'il Code ............. 642 860 938

('0:.\BIJSSIOXER OF !WADS AND REVE~UES-

To amend an Ad to create for Henry County......

567

To amend an Act to rreat<' for ::\Ioriwether .County, 624 639 697

('0:\DITTTEES, SPECIAL, Al'POIXT:JIEXT OF-

On contronrsy with Tennessee Copper C'o ......... .

99

On report of spl'cial auditor of accounts ........... .

158

On conference, House Rill X o. 52 ................. . 88 22(:

On codifying Militar:v Laws ..................... .

253

On Tax Equalization Laws ....................... .

307

On <ondition of State finances .................... .

404

On ronferpnce, N ashYille City Comt ............... .

703

On conferpnce, Swainsboro City Court ............. . 1021

On conference, Game and Fish Bill ................ . 1026

1092

INDEX

On conference, amendipg Act to incorporate Tail roads On ''Gober's Form Book'' . . . . . . . . . . . . . . . . . . . . . . . .

1044 1080

CONSTITUTIONAL AME::\'D:\IE::\'TS (see ::\'ew l'ounties)-

Amend relative to term of office of Govemor. . . . . . i 98 251i

Amend relative to time of election of Governor. . . . i 99 260

Amend so as to pro,ide for biennial sessions .... 8 99 260 320

Amend so as to provide for sixty days' sessions ..... 8 99 324

Amend so as to increase per diem of members of Gen

eral Assembly ................................. 8 !l9 :321

Amend Paragraph 1, Section 1, Article 13 ..... S 2i9 299 335

Amend relative to levy of local tax for public schools,

] l :!19 ;~()i)

Amend relative to pro,iding educational fund for pub

lie schools ........................... 11 2i9 32i 340 341

Amend Section 2, Article 6, of the Constitution, 1ela-

tive to Court of Appeals ...................... 98 2:H 1032

Ameml Constitution so that Gon~rnor 's office will

have use of $8,000 per annum ............ 1O;'i 24:l 24;j 321

Amend relative to local hills in General Assembly,

106 161 259

Amend so as to autll()rize issue of bonds for extension

of Western and Atlantic Railroad to Savannah,

_,...,

Brunswick, etc. . ............................ 169 :>x; II-

Amend relative to method of selecting judges of su

perior courts .................................. .

194

Amend by repealing property clause in Pension .-\ct ..

19;)

Amend limitation of debt, allowed to be incurrecl h~

counties, cities, etc............................. .

220

.-\mend relative to elective franchise ............ .

282

Amend so as to provide for .representation of EYans

County in General Assembly ................. :~19 3'>8 95;j

Amend so as to pro,ide for taxation of commercial

paper ......................................... .

543

CORPORATI'~ -~'RAXCJIISES (see Charters).

COX \'IL'TS (see Road Laws and Bridges)To amend Act to create system of parole .......... 2::!1 2-i:l To require county \Ya.r<lens to work certain roads, 568 ;j9.J. i68 To amend Act apportioning to eounties . . . . . . 254 3;)9 6ii6 660 136 1044

C:OTTOX, COTTON SEED (see Warehouse)To regulate ginning and marl,eting . . . . . . . . . . . . . . 281 43:) 623 To require cotton seed meal to he hrande<l ....... 430 46fl 630

INDEX

1093

COC~\TY A?\D COL'::\'TY :\L\TTERS-

To create office of superYisor of county officers and

county records ................................ . 96 631

To require county authorities to erect sign boards ... .

167

To require ordinaries to keep records as to delin'ry

of liquors ..................................... .

220

. To proYide for an election for issue of county bonds in

certain cases .................................. .

254

To Yalidate county warrants and provide for sale of 278 318

COUNTY 'l'REASURERS-

To fix salary for Elbert County . . . . . . . . . . . . . . . . . . . .

300

To abolish, for Early County ................... 361 4:)0 484

To fix salary for Worth County ............ 520 :388 698 1038

To fix salary for Franklin County .............. 642 765 846

To fix salary for Upson County ................. 7G:i AGO 894

COUXSEL-

To authO>rize the Go,ernor to employ special counsel

to prosecute claims due State from U. S. GoY-

ernment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2-54

COUPO~S (see Trading Stamps).

COURTS, CITY AXD COUKTY-

To amend an Act to establish City Court of Hall

County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 172 193 4:31

To amend an Act to establish City Court of LaGrange

10

To repeal an Act to amend an Act to establish <"ity

Comt of Hall County ......................... 12 17:) 193

To abolish the County Court of Wayne County .... HiS 173 193

To establish the City Court of .Jesup ............ HiS 11:3 19:2

To amend an Act to establish City Court of Douglas.

467

To amend original Act establishing City Court of

Douglas ........................................ .

4tiS

To abolish the City Court of Blakely ............ :)20 /6.) 84G

To create the City Court of :\forgan ........ /30 i6:) S4 7 1010

COURTS, SUPREJIE A::\'D SUPERIOR-
To change the time of holding Troup Superior Court, 111 87 173 'fo rearrange Dublin and Ocmulgee .Judicial Circuits, 10 98 llO

COURT OF .-\ PPEALSTo pre~eribe the number of jtu1g<'s of ............ 49-i :)SS li2:)

1094

I~DEX

])
DEJ>OSITOHIE::i, STATETo authorize a fourth depository in Cit~ of :\lacon 10 ~~9 :1;)8

Di"::\A:\IITE-

'l'o regulate sale of

110

E

ELE<'TIO::\S-

To JH'o\ide hours of opening and rlosing polls........

195

I:LECTHT<'AL EXA:\II::\ERSTo create State Board of .................. 319 .)0:1 fi~:1 S81

E::\0 fNEEHS, RAILROAD-

To exempt from criminal responsihility under Section

:2!i/G of Civil Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

169

EXECUTIVE SESSTO)l"S ............. Hi9 197 244 :10S 999 1054

EXPRESS CO:\iL\::\lES (see Liquor and Liquor Traffir).

F FLAG OH EMBLE:\f-
To preyent desecration of any flag or emblem of Tinited States ............................... 217 :29S 467
FE RT1 LIZER5To regulate sale of ................................. 180 261
E'IHE 1::\St:HAXCE (see Insuralw<').
E'lSII (see Game and Fish). l~LY PAPER-
To regulatE' sale of, when poisonous ................ 2ii 568
FOHEWX ('ORPORATIO::\STo prohibit from doing fiduciary business ........... 40~ 4~2
FORESTRYTo establish a State Board of ...................... 260 356

G

GA:\IE AND FISH-

To repeal certain lans regulating catching of fish and

oysters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 245

To reYise and amend the game and fish laws . . . . . . . .

179

To (reate a State Board of Game and Fish ... 181 404 /32 i39

INDEX

1095

To provide for protection and p~opagation of fish. . . .

255

To prohibit hunting and fishing without license. . . . .

443

To amend Section 3636 of Code of 1910 ............. 468 639

GASTo make it a crime to steal. .................... 49.5 58/ 891

GASOLINETo require dealers to keep certain records of sale .... 108 252

GEORGIA SCHOOL OF TECHXOLOGY-

To proYide compensation for members of local board

180

H

HIGH\\"AY COMMISSIOK-

To create State Board of . . . . . . . . . . . . . . . . . . . . . . . . . .

350

To create a Department of State Highways ......... 420 430

HORTICULTURE AND PmiOLOGYTo amend Act to create department of ........... 4H 469 496

I

INSPECTORS, FACTORY-

To proYide for two inspectors

454

INSURANCETo provide manner in which fidelity insurance and surety companies may withdraw from State ...... 403 421 To proYide for umpire in fire insurance appraisals ... 405 587

INVITATIONS-

From Chamber of Commerce, }facon . . . . . . . . . . . . . . .

5

From Georgia Preparedness Committee, Atlanta.....

5

From Chamber of Commerce, Athens . . . . . . . . . . . . . .

156

From Georgia Chamber of Commerce, Atlanta.......

508

J

JOINT SESSION

12

JUDGESTo prohibit from becoming candidates for office, while retaining office of judge . . . . . . . . . . . . . . . . . . . . . . . . 195 261

JUDICIAL CIRCUITSTo create Tifton Judicial Circuit ............ 8 222 216 1011 To create Indian Spring Jndidal Circuit .......... 9 261 274

1096

IXDEX

K
KKEl'EH OF PUBLIC' Bl:HJDJXGS A);D GROUXDSTo ih.>fine duties of ............................. 404 503 630

L

LAW-

To J'egulate the pradicc of . . . . . . . . . . . . . . . . . . . . . . . .

~55

LIEXSTo rppeal Act for protection of contractors for ,on struction of public works ....................... 2.34 :~:j8

LlGH'r::\I::\G HODS-

To regulate installation and sale of... . . . . . . . . . . . . .

19ii

LIQUOR A);D LIQUOR TRAFFIC-

To require ordinaries to keep record of expense

companies deliv.ering liquors . . . . . . . . . . . . . . . . . . . .

220

To permit bringing of aleohol into State for certain

purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443 HiS (i~7 1043

:\1 l\IARRJAGE LICE:\'SE-
To rt>gulate the issuance of ....................... ;3:20 586

).fESSAGES, EXECUTIVE, 13 103 113 ]];3 158 171 189 223 227 264 Rl! 372 452 635 643 034 977 989 10ii4 1075

l\IESSAGES, HOUSE, 4 5 I)] 114 16ii 166 190 198 20:~ 217 218
25a 21:l 289 316 331i :~:n 338 H49 :r;o 408 423 441 4:39 41iO
498 ;)11 537 553 580 604 606 fi40 642 643 691 114 715 752 84;{ 914 917 929 91Hi 987 llllfi 11118 1020 1038 1062 1068
1069 1077

).!ILITARY (see Xational Guard).

).fl~OR CHILDREX (see Children)-

To rrquire father 01 guardian to furnish children fool,

clothing, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

98

).IQTORI'YCLES (see Antomobiles).

)IATIO::\AL G'GARDTo aept provisions of Act of Congress for reorgani zatiou .................................. 624 696 776 1042

INDEX

1097

:K EW COUXTIES-

C'ounty of Peach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

County of Treutlen ............................105 160 170

XOTARY PUBLICSTo pro \"ide for appointment of, for State at large ... 732 769

0 ORDJX.-\HIES (see Pensions).

p

PAHEGUHIC-

To regulate sale of

520

P EXSIO:X l'0::\1:\liSSION.ER-

To extend the powers of and define his duties ...... .

JSO

l'EXSIO:XSTo proYide for prompt payment ................ 1Oi 2~2 484 To repeal an Act for payment of fees to ordinaries !Jy State .......................... 3:30 5~0

PERSO:XAL PRIVILEUE-

)1 r. )Icl 'rory of Bth District ..................... I 03 1()();)

)lr. Boykin of 1lth .llistrid . . . . . . . . . . . . . . . . . . . . . . .

;)9.)

PHI\'ATE \YAYS-

To amend Section .~:!-l of l "i \"il ("ode m rcferenee to. .

:311

PIH.>I'EHTY, SALE 0.1:'-

To proddc methocl of obtaining, where sold under

power of attorney

254

PrBLTC PRI:XTING'fo create the olfin of Purchasing Agent and Super intendent of Public Printing .................. 20;3 278 938 To enlarge the powe.rs of Commissioners of Public l'l"intiug . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 257

Pl"BLTC RECORDS-

To ]HOY ide for Yerification of . . . . . . . . . . . . . . . . . . . .

.iS/

Pt:JH,[(' UTILITIES, DPPLH'.-\TE (~ee Railroad ('om mission).

1098

l~DBX

H

HAJLHOAD t'O:\DHSSlOXTo abolish office of attorney to . . . . . . . . . . . . . . . . . . . . 11 :!08 To appro,e erection of duplicate public utilities, 220 ~79 -!Si 1328

RAlLROADS-

To amend geneTal Act for incorporation of ...... 1.3-! 17:l ~OS

10J:l lOti-!

To amend Act requiring cinder <!effectors on passen

ger coaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

li~4

To tonfer on lessors right to condemn or buy lands

for certain uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-!2 H9; 76S

HEPORTS OF SPECIAL CO:\DHTTEES-

To notify the GoYernor that General As~embly has

conYened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

Of Conference Committee, upon House Bill X o..)~ .. HJO -!~9

To consider Yarious recommendations of Special Audi-

tor . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .

~8:1

Upon the life, character and seni<"e of llonorable

Charles S. Xorthen, late Secretary of Senate......

:11~

To inYestigate differences between citizens of North

Georgia and Tennessee Copper Co. . . . . . . . . . . . . . . . .

:141

To inYestigate financial condition of the State......

.i1 ~

To ill\estigate ''Tax Equalization'' law . . . . . . . . . . . .

.)97

To tonsider Special Auditor's report . . . . . . . . . . . . . .

897

Of Conference Committee upon ''Game and Fish Bill ]1);)8

Of Conference Committee upon Swainsboro City Court

Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1p,;9

Of C'onferPncc Committee upon amenrlment to Act in-

corporating railroads .. .. .. .. .. .. .. .. .. .. .. .. .. .. 10134

REPORTS OF STAXDIXG CO:\DIIT'fEES-

_\cadPmy for Blind.

Agriculture ............................ 2;)1 33.) 4GG .).)~ Gill

Appropriatious ................................. 747 868 9.i:l

Banks an<l Banking ............................ 343 510 742

Commerce and Labor ............................ .

331

Constitutional Amcnrlments ........ 101 ~7~ 342 536 GS9 7:>1

914 9.)-1 981

Corporations ...... 215 287 329 344 427 439 493 509 551 579

603 637 690 710 743 751 837 913 933 983 1057

County and Count~ :\Iatters ..... 270 333 334 424 -!3~ 41i~ -Iii.~

490 ;'il 0 549 682 745 840 S96 9:>2 982

IXDEX

1099

Education ............. 216 267 269 312 464 551 838 931 940

Engrossing ...... 106 113 170 188 201 215 249 271 287 328 341

366 407 425 436 463 489 506 534 546 578 600 636 687 709

745 838 860 893 931

Enrollment ............ 310 :l30 367 462 :)33 633 707 984 1080

Finance ....................................... 202 265 839

Game and Fish ................................... 247 687

General .Judiciary ...... 89 111 159 183 184 246 332 410 431
491 547 57H 602 638 112 89H S97 932 982 gsa

Hygiene and Sanitation ........................... 2SG 576
rnsurance ...................................... 370 '53:"5 686

}filitary Affairs ................................... fi86 752

Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 508 639 1019>

Public Library ................................. 53:) 744 9?il

Publie Printing ............................ ... 18.5 186 269

Public Roads .................................. 42-""i -~47 68'5

"Railroads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 711 932

Hules, 1:""i:l 1il9 2:!li ;;:;:; 441 467 489 499 5'58 p01 ll:lS GSS 1018

School for the DC'af . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

750

Special .Judiciary ...... 171 248 270 288 311 369 426 493 494

536 548 577 602 G37 685 6il9 711 743 840 842 S9J 933 954

State of the Republic . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 2Sfi

State Sanitarium ................................. 897 952

State Tuberculosis Sanitarium . . . . . . . . . . . . . . . . . . . . .

:l44

Temperance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4fil

rniYersity of Georgia ............................ 249 :l68

\\"estern and Atlantic Railroar1. ............ 2.)0 4G1 fi!Jl 708

ROAD LAWS AXD BRIDGESTo require wardens to work certain roads .........)liS ?i9.J. 768

s

SCHOOLS AKD SCHOOL LA\\"S-

To repeal an .\c-t to C'Stablish system of school,; for

Hiram ......................................... .

90

To empower Superintendent of Schools and AttonH'.\"

General to codif~- school laws ................... .

!12

To authorize county boards of education to lay out

consolidated school districts .................. l ."i.) ~7'-l ."i29

To require school attendance for a minimum JWrio<l .. ].)!) 231'1

To enlarge powers of State Board of Education '" a'

to secure cheaper sdwol books .................. . ].)!) 174

To authorize boards of edmation to adopt sehool hook,'

otht:'r than regnlar ba"1! C'lemt:'ntar~ ...... .

Hl."i 27-~

1100

I~DEX

To pro\-irle for instmction of school chihlren on worth

of hygiene .................................... .

zo:;

To amend an .-\ct to revi~e school Jaws ............ _ ~;j:} :!7~

ro prodde a system of public schools fo1 town of

Yatesdlle

................................... 2i'i

:~:?fl

l-li

To authorize count~ boards of education to fmni~h

se hool books ................................... . 2i!l ;~:)8

SHERIFFSTo authori?.e the Governor to inquire into administration of ..................................... !l ~:l:l ~;)6 To provide for pa~ment of fee, for sei?.ing distill!ri('s. H:\ ."iRfi (i."ii

SPEC:JAJ, COVNSEL (sep C'ounsel).

STATE HOARD OF HEAUfH-

'fo provide for preservation of purit~ of waters of

~tate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

181

SFBPOEXASTo proYide for non-issuing in eertain eases .......... ~:~~ ~:;1

St:"PERSEDEAS BO::'i:DS (see Bonds, Supetsedeas).
SUPEHYISOH OF COVXTY OFFICEHS A:-ID COUXTY HECORDS (see ('ounties and ('ounty )fatters).
SVPEHIXTE::'i:DENT OF Pl:BLJC PHlXTI:\"G (set l'uhli( Printing).
SUHETY co::I'IPANJJ<:S (see Insurante).

T

TAXES AXD TAX LAWS-

To amend an :\(t to .regulate return of property for

taxation, in counties of certain population ....... .

!l"

To re1wal an Act to crPat(' a Bom<l of Tax Assessors,

lOS 20~ :?!)8 ;){i8

To amend ~pction l<Hl:l of ('ivil Code, relative to re-

tmn of property for taxation ......... HJ6 209 2H ;)0(i ;)4-!

To amend an Act to r!'gulatc return of property for

taxation ....................................... .

~82

To amend an Act to pro\"i<ll' for le\y, for support of

Statl' Oovl'rnment ............................. .

.+:~.)

To amend ''Tax Eqnali?.ation Law' ............. _ 164

INDEX

1101

TELEPHO~E l'O:'IIPAXIES-

To regulate the business of

420

TRADJXG STA:\IPS-

To prohibit the sale and distribution of . . . . . . . . . . . .

155

UXIYERSlTY OF GEORGL\-

To declare the powers of trustees, as to who rna; he

admitted to post-graduate courses . . . . . . . . . . . . . . .

10

To organize and rrrate a hranch of, at Dawsonville,

350 468 6;)6

USURYTo amend Section 34H6 of ('ode, relathe to . . . . . . 586 643 730

\\' AREIIOUSE-

To create for State ............................. .

167

To malie it unlawful to re<eiYe rotton for storage

without insurance .............................. .

587

To create department for State ................... . 430 586

To create 1\'arehouse Commission ................. .

496

WESTERX AXD ATLAXTI<' RAILROAD (see ('onsti-

tutional Amendments)-

To provide for the extension from Atlanta to St.

).Jary 's, Ga. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

To amend an Act to provide for leasing or other dis-

position (Paulk of 6th District) .......... 168 222 771 1039

To amend an Act providing for re-leasing (Dobbs anll

life Laughlin) ............................ 168 222 2il7 :!;)8

To amend nn Art JH'ovilling for leasing (Dobbs),

643 697 738 ~042

\\'Q).IE:X-

To confer upon, the right to vote..................

255

1102

I~DEX

PART II.

SEXATE RESOLUTIONS-

To instruct Secretary to notify House that the Sen-

ate has convened .............................. .

To appoint joint committee to notify the Uo,errwr .. 'fo provide for adjournment of General A~><mhly.

siue die ....................................... .

To return Senate Bill X o. 3:) (Compulsory Edtuatiou)

to Senate ..................................... .

Si

To adjourn from .June 30 to July .J, HlW . . . . . . . . . . . .

SH

To release ,J. H. \\"e,tbel'ry, Sr., as security on criminal bond .................................... !JO :!(i~ :;oil IIIII

1'o provide for aeceptance by Compiler of Records, of

historical rC'eor<ls from ~ertain organizations ..... .

!)1

To adjourn from Friday, .June ;{II, to )fonda~, .hdy

;{, 19lli .......................................

](I()

To request thl' Uovernor to fon,azl to the :-;enatt

the report of the Auditor ....................... .

JO:l

To adjourn from Friday, .June :w, to \\'e,lll<'s<la~ ..July

5, 19lli ........................................ .

10i

To provide for joint committee to l'OIIsitler report of

Sperial Auditor ................................ .

1111

Thanking ('it.' of )lacon for the splendid entertain-

ment on .JuJ~- -l ............................... .

].)6

1'hanldng lion. and )Irs. Emory Winship, of )lacon.

for their entertainment on .July 4, Hllll ......... .

15i

To nuthoriZl' appointment of an a<lditional Statl' <lt>-

pository at :\1aeon ............................. . ](j(j ] 81

To mal<e Senate Bill Xn. 2:>1 a ~pPdal or<hr for .Tuh

10, 1!H6 ....................................... .

I :<f)

To adjourn from .Friday, .July ;, to )IOJula~ .ltd.' 111.

1!ll(i .......................................... .

1!li

To enll attention of anthoritie~ at \\'ashington to lax-

it~ of snppliPs at ):-;tate l':n<ampment in :\faon .... :!O.;. :2:21

To authorize Go\'ernor to ('nt!'I' into Ill'\\' I'Ontrad with TPnnpssce ( 'oppN ( 'o, ........................ :!Oi :!S<i :~(i:l
To mal;e :;;t:>natP Bill Xo. ~4:) spetial onl!'r fnr .July

1:1, 1!)](j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

:!ll~

To ma);p ):-;rnate Bill Xo. :?~0 spetial oroll'l' for .lui.'

1:l, 1!)l(j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

~17

To neate a standing eommittPe to hP known a' <'om-

mittec for State Tuberc-ulosis Sanitarium ........ .

:21~

To rP<tuest President \\'ilson to locate ''nitrate plant'

at :\Tu~s<'IR Shoals, ,\ln . . . . . . . . . . . . . . . . . . . . . . . . . . .

:?I.~

INDEX

1103

ro authorize State Librarian to deliYer Georgia Re

ports to law library of University of Georgia, 2ii 404 421

To make Senate Bill No. 20 special order for ,July

19, 1916 ...................................... .

278

To purchase Glenwood Spring water for use of Sen

ate ............................................ .

231

To purchase Swift Spring water for use of Senate ..

281

ro adjourn from Friday, .July 14, to Monday, .July

17, 1916 ...................................... .

283

To thank citizens of Athens for their entertainment

on 12th inst. . ................................ .

300

To appoint joint committee upon '' rax Equalization'' 307 431

To 1eque8t Tax Commissioner to furnish information

as to cost of administering ''Tax Equalization

Law" .......................................... .

308

To make Sen at!' Bill K o. 269 speeial order for July

20, 1916 ....................................... .

320

To appoint joint committee to inquire into the finan

cial condition of State ......................... .

361

To adjourn from Friday, .July 21, to Monday, .July

24, 1916 ....................................... .

403

To request our representatives in Congress to seeme

aid for flood sufferers in northwest Georgia ...... .

420

To !'all attention of Se<'retar;r of \\"ar to the water

powers in north Georgia ..................... .421 423 424

To set House Bill No. 46 as special order for .July 26,

1916 .......................................... .

433

To make Senate Bill Xo. 274 spcl'ial order for .July

'2i, 1916 ....................................... .

442

To make Senate Bill No. 327 special order for .July 28,

1916 .......................................... .

466

Of sympathy to Senator W. ~I. Ransom, upon his con

tinned illness .................................. .49i 106:l

To adjourn from- Friday, July 23, to }fonday, .July

31, 1916 .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .. ..

506

To make Senate Bill l'lo. 246 special order following

Senate Bill N"o. 247 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

516

To make Senate Bill N"o. 273 special order for August

2, 1916 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

=>16

To make Senate Bill X o. 326 special order for August

2, 1916 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

540

To set apart :\fondays and Fridays for passage of

House bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541 5ii9

1104

I~l>EX

To set 8enate Bill :'\o. :Hii as special order fo.r .-\ugu~t

:!, J9lti -- .... ----.-.-- ... -.-- ... --- ..... --------

->~1

To set Senate Bill No. :!l<i as special order for .\ugust

:!, H!ltl ........................................ .

-J-!1

To authorize Printing ( 'ommission to make temporary

contract ......................................)/] ;)~{j fjj ~

To set House Bill :'\o. :?0 as special order for ..\ugu~t

8, 1916 -.- ... -- .. ---- .. --.--- .... -- .... --------

.)S:!

'l'o set Senate Bill :'\ o. 2S9 as special order for Augu~t

7, 1916 - ... ---- ..... - ... ----.------ .... ------ . -

.}S:!

To set Senate Bill :'\ o. :l\l9 as special orcler for A ugu~t

4, 1916 - - .. - -- - .. - . - - - .... - - - .... - - .. - . - - - - - - . -

:;s:>

To set Senate Bill Xo. 322 a11 special order for August

4, 19Hi ....................................... .

.Js:~

Expressing unbias!'cl confidence in integrity and char-

atter of lion. "\. A. Lawrence of 1st District ..... .

.}!l4

'l'o set Senate Bill :'\ o. :109 as special order for A ugu,;t

i, 1916 -- ..... ---.- .. --- ... -- .. ----- ... ----.-- --

liOI

To set Senate Resolution Xo. llll as special orler fo

August 4,1916 ................................ .

liOI

To adjourn from AuguHt 4 to August i, 19](i. ...... .

(11 :;

To request the Senator from thl' 41st Distric-t to filp a

tertain note ................................... .

(}.JS

To set House Bill :'\ o. i9 as special order for Augu;t

10, 1916 - ... - - - . - - . - .. - - - . - - ..... - - .... - ... - . - -

li!l9

'l'o set Senate Bill Xo. l;)S as special on!tr for Augu~t

10, 1916 -.--.-- .... ----- .. -- ... ---- ... --- ..... -

;:~n

To require State Board of Ilealth at ePrtain Jeriods.

sanitary condition of State Prison Farm ......... .

;:{:?

To designate State Boanl of Education to reeei\"P
funds under ''Smith-Hughes Bill'' ............ it>~ s.;o H07
To reque~t l'ederal Trade <'ommis~ion to in,estigat<

price of gasoline .............................. .

90.)

To request Honse to return !louse Bill Xo. !lS~ ..... .

9:!4

Commending ReY. -T. W. G. Watkins, Chaplain of Sen-

ate ........................................... .

!);{~

To limit debate upon all hills an<l amendments ..... .

!l:l.)

To request House to retu-rn Houso> Hill X Q. !l!l.i ..... .

940

To exprl'ss sympathy to IT on. D. ('. Pic-kett ......... .

99!)

To prescribe the use of Senatl' ('hamber an<l lfali of

Hom;e of Repr<'sentatins ..................... . lO~il

To adjourn sine die .............................. . 106:!

IXDEX

1105

PART III.
HOUSE BILLS.
.-\
AGHJCVL'l'URAL SCHOOLS A:-\D COLLEOES'l'o authol"ize certain schools to hol'l'ow on property, 9:!R 9:11 10:!6
AI'PROPRIATIOXSTo appropriate $iiO,UOO to State :-\ ormal <"ollege at Yaldosta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351 Sil:l SSO To appropriate $;)0,000 to Georgia Xormal and lndns-
tl'ia I College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 :-; sa:> !lli->
To appropriate $:)00 to Resaca l'onfederatc <'emeter~-, <ii:> s:14 %9
To appropriate $100,000 to Stat<' :-\ormal School at Athl'n" ...................................... 73H S:H SIS
To appropriate $200,000 to Georgia State Sanitarium, ~:n 971 10.}1
To appropriate $12,500 to <ieoq!ia Training Sdwol for Girls .................................. 9iifl 990 ]();).) 10;)6
To appropriate funds. to pay stenographer, Committee on Hpeeial Auditor's report ................. 9;)0 990 10-t<i
AUTO:\IOBILESTo pro\'il<' punishment for theft of ........ ..... !l;jll 989 1060

BADGES AXD BU'l'T0:-\8To make penal to w<'ar, when not a member ......... 9:!4 !lR9
BARBERSTo ana>nd .-\ct prodding for reg.nhttion of pratice of 9:?<i 9~!l
BRIDGES (see Hoad Laws and Brillges).
('
CIJ.-\HTEH::-1, :\IU:-\IC'IPALTo amend d1arter of C'ity of Columbus ........... l;i-l 204 :!;)() To amen<l charter of town of Tignall. ........... 206 ~-12 2911 To amentl an .-\tt to create new charter fur ('ity of l'olnmbus .................................... 206 :?52 290 'l'o amend rharter of town of L,nnox ............ 20(i 2;)2 :!91 To amend rhnrter of f'ity of Colnmhu~ ........ , .201 ~;)2 29~

1106

I.NDEX

To amend tharter of town of :.\lilltown ........... i:!9 :!91 :1\il) To amend eharter of town of Decatur....... 262 263 297 359 To amend Act to repeal laws incorporating town of
Manchester ...................... 262 263 263 291 3ti0 ;{61 To create new charter for City of Rome ........... . 285 559 To amend charter of town of \\" aleska ........... 296 3;)5 419 To incorporate town of Fullenille .............. 296 51)5 521 To revise Acts incorporating the town of Norwood, 296 :l.)(j -!lj To amend and re,ise Acts incorporating the town of
of Louisville ................................... 296 3.i6 418
To amend charter City of Kingsland .......... 29ti ijij;j 411
To establish a new charter for town of Eton ..... :l;"i2 -.l:l:3 4-,_"
l'o amend charter of Cit~ of Columbus .......... :l.)-! 43:1 -!il
To amend charter of town of Pinehurst .......... ;1.)4 4:l3 -r,>_ To amend charter of town of Cusseta ........... . 35;) 4:l:l r<1>-
To amend charter of City of ::\fonroe ............ .411 Hi 415 To amend charter of {'ity of Social Circle ....... .411 8;i8 9Hl To amend charter of town of ::\Iartin ............ 411 448 -!SO To create new charter for City of Bostwick ...... 411 4ii0 414 To amend cba1ter of City of ::\"lacon .............. 411 4:33 411 To amend charter of town of Comer ............ 412 447 413 To amend charter of City of Athens ............. 413 449 4/i To amen!l charter of town of Fort Valley ....... .413 44S 416 To amend charter of town of Statham ............ 41:l 449 41S To authorize City of Conyers to issue bonds ...... 416 449 4/9 To incorporate the City of Pearson .............. 444 519 589 To amend charter of City of Atlanta ........... .444 519 540 To amend charter of C'ity of Augusta ... 444 612 Q5:l (){ill 11Hi1 To repeal an Act to incorpo;rate town of "\Vest Green,
ii1S 584 614 To amend charter of Cit~ of ::\iacon . . . . . . . . . . . . . 5;;:; ;)S3 616 To amend charter of town of Portal .............. 556 5S5 614 To create new charter for City of Gordon ....... . ;);)6 6;)2 /61 To amend charter of Tennille, so as to create a Re
corder'~ Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 551 51!4 618 To repeal an .-\ct to incorporate City of Gorilon . . 5;)1 7fii 847 To amend <'harter of town of Hos!'hton . . . . . . . . . . 55/ 584 615 To amend charter of town of Wooilland .......... ;:;;,s "5R:1 617 To amend chai"tPr of town of Ball Ground . . . . . . . . 5;18 ;)S:1 616 To amend charter of City of Columbus . . . . . . . . . . 5/:l 611 6;)4 To amend charter of to"n of FloYilla ........... 5/:l 61 ~ 652 To amen<l ehartPr of town of De<'atur ............ 574 S;)S 911 To am Pun charter of City of Dublin ............ Jj/;) 612 6;);) To in<:orporatP town of Braselton .............. ;)j;) 611 6;):J

IXDEX

1107

To establish new charter for City of Boston ...... 575 61:! 63:!

To amend charter of Lawrence,ille ............. 609 7:~.i 7:):)

- 'l'o amend charter of town of Hillsboro .......... 610 7~~3 754

To amend charter of town of Butler .............. 64li '7:\:j f;)(j

To repeal charter of town of Offerman . . . . . . . . . . 6-Hi 7:1:1 ';;)-;

rro a'tncncl t' harter of City of Jefferson . .......... 64(1 1:~3 7;")7

To amend cha1ter of City of Jefferson ........... 646 734 758

To amend charter of town of BullorhYille ........ 647 734 758

To repeal charter of town of J.:Iableton . . . . . . . . . . 647 735 7MJ

To incorporate Tallulah Park ................... 648 73:3 75.)

To amend charter of City of Albany.'........... 648 734 757

'fo amend charter, City of Thomasdlle .......... 648 '73:3 946

To a!Jolish Board of Lights and \\'aterworks of :\fari

etta ........................................... .

648

To amend charter, City of Augusta ............. 649 73;i 758

To amend charter, East Ellijay ................ GiiO 735 759

To amend charter, town of A ,a lou .............. li5() 133 /:)6

To amend Ad ereatiug Board of Light,; allll \\'ater

works for ::\Iarie.tta ............................ .

liiJO

To amend charter, town of Kirkwood ........... 131 857 910

To incorporate town of Tay Iors\il!e ............. 731 8:)/ 912

To amend charter, City of Toccoa .............. 732 357 9ll

To ine_orporate town of l.'hesttr ................ 737 357 907

To amend chaiter, City of ::\Iacon ............... 137 858 911

To create new charter, to"n of DaYi~horo ........ 7:18 3-~7 907

To amend (barter, town of Dixie ............... 738 761 850

rro antentl tharter) City of ::\Iillcn ............... ~:32 910 9-n

To ame_ml eharter, City of LaFa~ette ............ S66 894 992

To t'Teatp Re!reation Commission for City of SaYan

uah ......................................... 86ll 89;) 941

To amend charter, l'ity of Atlanta ............... 36(i 89.) 9-l:)

'fo amend c barter, City of ::\Iadison .............. 866 895 942

'fo rep<'al !'lwrter, town of Leon ................ R6i 895 9-13

'fo amPncl chartC'r, City of Swainsboro .............. Slii 91Hi

To amend !hartc1, town of )Ulan . . . . . . . . . . . . . . . . 924 9:17 992

To amend charter, City of ::\Iilleclgeville . . . . . . . . . 9:!4 9Wi 992

To amend rharter, City of Helena .............. 92fi 931 997

To amen<! charter, town of \\'atkinsdlle ......... 9:!1 938 99:~

To create new eharter, town of Ro!'ldedgt> . . . . . . !J;)() !H9 10:!1

CHURCHESTo amend harter Presb~terian Clntrch of 8anmnah, 44;) ;)84 6I:l
CTXl 'I:\:\ ATf ROUTH EHX HAIL\\' AY (see \\'C'steru aud Atlantic H. R.).

1108

IXIHJX

CODE A:\1E:\Dl\IENT8--

To amend Section 4864 of the Code................

89

To amend Section 129 of <"OtlP of 1910, relathe to

primary elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2!1-> 448

To amend Section 12-Hl of C'o<le of 1910 (Vienna, State

depository) ................. _................ :l,):l 491 526

To amend Section 4932, Vol. 1 of Code of 1910 .... 41:! :)114 99-i

To amend Section 1249, Vol. 1 of ('ode of 1910 (<'un-

ming, State depository) ...... _.... _...... -H2 4:l:! 4SI 160

To amend Section 311 of Code of 1910 ..... __ ..... iiS.i 10(10

To amend Eeetion 34:{8 of CiYil ('ode ....... __ ... <illS 1:\4 998

To amend Seetion 1249, Vol. 1 of Code (Toecoa, State

depository) ........................ _.... _.... l:l2 lf)i 849

To amend Section 4688, Vol. 1, ('ode of 1910 ...... 924 !l:ll 99:3

To amend Section 2820, Co<le cif HJIO . _............ 92:) 989

To amend Section 2167 of Civil Code __ .... __ .. 92<i 9:ll 1061

To amend Section 1483 of Penal Code ...... - ... 926 990 I 072

To amend Section 886 of Civil Code................

928

To amend Section 185, Vol. 1 of Code .. _......... 92ti 9S9 1026

CO:\-D:USSIO:\EHS OF HOADS AXD RE\'EXl'ES--

To abolish for :\Iurray County ...... _..... __ .... __ SS -J-29

To di\ide Brooks County into fhe commissioner dis-

tricts .... __ ............................ _.... :!0;) 280 291

To amend Act to create for County of Appling ... 20ii 280 295

To repeal Aet to create for County of Bryan .. 228 280 298 418

To repeal Act to create for <'ount~ of Wheeler .... __

228

To create fo1 C'ounty of \\'heeler .......... _..... _.

229

To create office of SuJJervisor of Roads and Revenues

for County of Bryan .................... 230 279 298 417

To amend Act relative to powP.rs of Commissioners for

Floyd County ........................... _... 262 291 317

To repeal Act to create for Floyd County ... _...... 216 1045

To create Boar<l of Commissione-rs for Flo~d Count~.

3.)2 62:l 10-J-6

To change term of Commissioners of Glynn County,

353 482 49-J- 161 940

To create office of Commissionpr of Roads and HeY-

enues for Telfair County .... _............... :!34 448 480

To repeal Art to create for Telfair County ...... ;!;)5 44i -J-i9

To create Board of Supenisors of Roads, Bridges and

Road Funds for -:\furray County ........... _.. .413 -J--J-9 476

To create Board of Commissioners for Banks County,

414 767 8:32
To amend Ad to ('rente for n !'('f'lle Count.v ...... 41-J- 4-J-fl -J-i'-J-

I~DEX

1109

To repeal Act to create for Dawson l'ount~ ...... !1:'5 448 413

To amend Act to create for Bibb Count~ ........ 4!4 ;)05 524

To amend Act to create for .Jefferson ('onnty .... Hii 50:3 :)89

To e1eate Board for Polk County . . . . . . . . . . . . . . .44ii 504 5~8

To amend Act to create for Irwin ('ouuty ........ H.'> 50:) 524

To amend Act to create for ::\-Iadison County ..... .446 ;)();) :32ii

To repeal Act to crrate for Polk County . . . . . . . . . 446 .50:) 527

To amend Act to create for Candler County ...... 519 694 719

To repeal Act to create for Grady County ...... 5;'5:) 693 715

To create for Grady <'ounty .................... 558 693 ll:i

To amend Act .to create for Camden County .... 5:)8 694 711

To amend Aet to create for E,ans Count~ . . . . . . . 5i'ii 69ii 1n

To amend Act to create for Tattnall County ..... 610 6:31 700

To amend Act to create for 2\Iontgomery County, 646 766 832

To amend A(t to create for Tift .County ......... 648 166 849

To create for Hart ('ounty ...................... 649 8:!3 909

To amend Art to create for Henry County ........ 6:)0 69.5 720

To ameml Act to create for .Jaeltson County . . . . . . 651 768 851

To amend A(t to n-Pate for Crisp County ........ 731 167 850

To rreate for Lintolu <'ount~ . . . . . . . . . . . . . . . . . . . . . .

7:n

To fix salary, rlerk of Board of Commissioners, for

Fulton County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 924 961 !194

To amend Act to ('l'eate for Gwinnett County .... 92-'> 960 991

f'OXSTITUTIO~ AL A:.\IEXD:.\fENTS-

Amend so as to exempt certain vessels from taxation

88

Amend Paragraph 1, Sertion J:-1, Article 6 of Consti

tution, authorizing additional compensation for cer-

tain judges .................................. 31 S 3:36 499

Amend Article 6, Sedion 13, PaTagraph 2 of Con~ti

tution (salary for Solicitors-General) .......... 609 G96 961

Amend Paragraph 2, Section 1, Article 11 of Consti

tution, so as to rreate Atkinson County,

137 S34 949 1000 1024

Amend Article 3, f'ection 2, Paragraphs 1 and 2 of

Constitution, so as to increase number of Sena

torial Districts . . . . . . . . . . . . . . . . o o 86:) 936 I 027

Amend Constitution of Georgia, relatiYe to ('om-

missioners of Roads and ReYenues of 'iVheeler Co.

92:j

Amend Article 11, Section 1, Paragraph 2 of Consti-

tution (Bacon County) ..................... 928 91i 1069

CONSTABLESTo qualify to perform duty of sheriff in certain cases 924 937

( 00NTRACTORS (see Public Buildings).

1110

INDEX

COTTOX Al\D COTTO.:-.' SEEDTo 1equire purchasers of cotton seed to keep record of ......................................... 22!:1 :\;)ij 1UU5

COCXTY DEPOSITORIES (see County Treasurers).

COVXTl.E~ AND COU::\TY ::'11.-\TTERS (see Execution Dockets)-
To create Bond Commission for Bacon County .... 64!; i6i 832 To fix time of collecting road tax for Thomas County,
li4 j j'(j(j 8;)(1
To pl'o,i<ie method of handling funds of Washington County ...................................... i31 iUi 851
To regulate running of vehicles for Bacon County, s:n S.jS 1041)
To empower Commissioners of Tift County to eontrih ute to support of Tift County Hospital. ........ s:~ I S.i9 909
To empower Commissioners of Pulaski County to han main thoroughfares worked .................. s:J:! S.ifl 9111
To authorize county offilers of Bryan Count~ to keep their records at county site. . ................. S(j:; 90ii ~IH
To am<.'nd Act for l'Oil<.'l'tiou of commutation tax iu certain counties ............................. fl:!." 9:Ji 994

COUXTY TREASURERS-

To abolish for Coffee County ..................... .

88

To abolish for Turner ( 'ounty .............. :!116 :~.iii 4~11 -!:?:1

To abolish for .\ppling County ................. :!Oi :!5~ :!!:};{

To fix cotnp<.'nsation of, for ::\Ia{on I 'ount~ ........ :!OI :!7H 49:)

To abolish for Bel'l'ien County .................. 20i 280 :?94

To fix salary of, for Clay County . . . . . . . . . . . . . . . 22S :?Ill ~g:;

To abolish and create a county depository for ::\fadi

son County .................................. 229 :?Sl :?92

To establish a {'ounty d<.'pository for Tumer Count~.

2:\tl ;;q liiS 7().)

'l'o abolish for .Jeff Dads County ................ :?ii:? :?SO :!9:!

To abolish for Greene County .................. :?fl.) ~:I:! -!ill

To fix salar~ of, for Barrow Count_,.............. :W6 :J;)(i 419

... To fix salary of, for Stewart Count~ ............ :11 <; 4.)11 -!7~
To abolish for :\filler ('ounty ................... :; HI -!-!!) -!-.
To fix salary of. for Baeon Count~ .............. :ll n 449 -1-77

To abolish for .Tackson County .................. :l.il .)ll.) ;)~()

To abolish for Pulaski County .................. :{.i:! 7ti7 s:;-t

To aholish for Randolph County ................ :1:;2 4Sl .):!:!

To abolish for 2\IeTntosh ('ounty ................ :1;;:; -!-!9 -!SO

To abolish for Chattahoochee Count~ ........... ~.);; H~ 477

To abolish for Bnrke C'onnty ................... :J.;:; -t:'.:: -! jll

INDEX

1111

To authorize the Ordinary of .\lurray County to take charge of Treasurer's books .................. 354 447 4i9
To abolish for Brooks County . . . . . . . . . . . . . . . . . . 354 448 4ili To abolish for Gwinnett County ............... .414 44/l 571i To abolish for Habersham County ................ 414 482 5:!1 To abolish for Banks County .................. 414 ii84 6:!2 To create a county depository for Ben Hill County,
415 449 474 To fix salary of, for Pieltens County . . . . . . . . . . . . 415 450 701 To abolish for Dooly County ................. .415 519 :3/lS To fix salary of, for Lee County ................. 444 504 52:{ To abolish for Jefferson County ................ 445 504 5SS 'fo abolish for Irwin County ................... .446 :384 61.) To fix salary of, for .\farion County . . . . . . . . . . . . . . 446 506 5:!;) To fix salary of, for Lincoln County . . . . . . . . . . . . .447 859 922 To abolish for Candler Count,\' .................. 519 694 719 To abolish for Taylor County . . . . . . . . . . . . . . . . . . 55:3 693 760 To fix salary of, for Butts County .......... 556 694 721 1009 To fix salary of, for ){organ County .......... :374 694 729 854
To fix salary of, for Fulton County ............. 574 694 717
To fix salary of, for Paulding County . . . . . . . . . . . . 5i4 69:3 ilfi To abolish for Henry County . . . . . . . . . . . . . . . . . . . . 574 69:3 722 To abolish for Sumter County .................. 611 695 il 6 To abolish for Thomas County . . . . . . . . . . . . . . . . . . 64i 766 S!il To fix salary of, for Hall County .............. 649 693 72-" To abolish for .\Iitr hell ( 'onnty ................ 649 i6S. 848 To abolish for I~ad<' l'onnt~ ..................... 650 766 848 To fix compensation of for Jones County . . . . . . . . . 651 696 760 To fix compensation of, for Franklin County ..... 832 858 909 To fix compensation of, for Early County ........ 832 859 92:! To abolish for Catoosa County .................. 833 858 910 To fix compensation of, for Grady County . . . . . . . . . . 833 9:lll To abolish for Bryan County .......... ........ 86:3 906 942 To authorize Ordinary of Bryan C'ounty to name de
pository ..................................... S6;) 906 94:1 To create depositt>ry for Coffee County . . . . . . . . . . 924 961 !l!l:l To abolish for Walker County .................. 925 960 991
<'OURTS. CJTY AXD COUNTYTo repeal Act to create City C'ourt of Tifton, 205 252 291 :!09 :ll!l :!:)5 To amend Act to establish City Court of Louis,ille, 206 504 ;)90 i2!l To repeal Art to create City C'ourt of Nashville, 206 :!56 365 475 5i1 703

1112

INDEX

To amcnu Aet estaulishing City ('ourt of Ashuum, :!21 ~SII 294

'l'o repeal Act creating City ('ourt of )fillt>r l'ount_,., 319 691) l!ii s:;,;

To repeal Act creating City {'ourt of :\Ionroe ...... . ;~;)2 (j9()

'l'o establish City Court of HinesYille .......... .-!II 43:2 411

To amend Act to establish Cit~ Court of Springfiel<l,

41:! .J-:t2 469
'l'o create City Court of Syhester .............. -n :: 4:\2 4111

To amend Act to create City Court of Zebulon .... --IH:: ;jl);j 52:1

To amend Ad to neate .City Court of Hazlehurst, 51 S li9:l i21

To amellll Act to create City Court of Griffin .....)1 S ,)84 (j],j

To amend Act to create Cit:"~ Court of SandersYille, .)1 s 134 ;:j;)

To repeal Aet creating City Court of Washington,

518 134 1,)6 Sfi'l

To establish City Court of Swainsboro .. ,:;JS 69.) 123 f).)O l tt'i!l

To amend Act to ere ate City .Conrt of :\Iaeon .... ,)50 ;"iS~ 61 'i

To amend Act to !'reate City Court of Greensboro, ;]'{;) 61:! n:;.>

To amend Act creating l'ity Court of .hfferson .. 6HI fi;)~ i1!l

To amend Act ereating l'ity Court of )feRae .... !H 0 (i.i2 liHH

To amend Act creating City Court of Douglas ...... .

()]I)

To amend Act creating .City Court of Xewnan .... fi.J-1 'i:l;) 1,)9

To amend Act creating C'ity Court of Gmy ........ (q!J ~~!) 9H

To amend Act creating City Court of Douglas ...... .

649

To amend Act creating City Court of Quitman .... l:lS illS S41

To amend Act creating City Court of :\Iiller ...... S:ll S'iH 91:?

To amend Act creating City Court of Houston Count_,..

9:20 9fi0 994

To create C'ity Court of :\forgan ................... . 9.)0 f.S!l

COURTS, JUVENILETo amend Act creating for certain ~ounties ...... (i'i1 '\;)9 1iltl:\

COURTS, :\IUXICIPAL-

To amend Aet creating for Atlanta .. :!29 ~'lO ~!lfl :n \1 ::.);; !1/fl

'l'o amend Aet creating for SaYannah . . . . . . . . . . . . ;);)6 .)~4 til4

'l'o amend Art to abolish .Justice C'ourts for :\Iaeon,

;);)j ;;~.; li I I

To <reate :\Iunicipal C'onrt for ('it_,. of ~\ugusta......

litil

COl'RTS, SUl'RE:M.E A:\D SUPERiOR-
To amenrl Art as to numher of tPrnls of \\'hitfil'l<l t\nperior Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 :;s:; 01::
To change time of holding :-.rontgomery ~nperior
('ourt ....................................... :n1 4lfi -t::t

INDEX

1113

To change time of holding Bll'elde~ 8uperior Court, :~.) 1 -!Hi ~30
To inlrcase the number of term~ of Haralson Superior Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35-l 403 -!19
To proYide four terms a year of Barrow Superior ('ourt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412 -!:~2 469
To :rrodde tl1ree terms a ~ear of Bacon Superior Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51:3 612 654
To amend Act relathe to terms of Berrien SupPrior Court ....................................... 514 611 6;)4

D
DEPOSITORIES, STATE (see Section 12-!9, Code Amen<l ments).

EDUCATIOX, BOARDS OP (see Sehools and School Laws).

ELFJCTJOXS AXD ELECTIOX LA \\'S (see Code Amend-

ments)-

To amend Set'tion 129 of <'ad!', l'elatbe to primary

elections ................................ 295 448 104 1054

To proYide for registl'ation in elections to a.;terlmn('

whether a county can create debt ............ (i09 'i.'14 1004

To prescribe manner of holding primar_,. elections i)l

Lincoln County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

'i3,0

To presel'ibe manner of holding primary l'lei'tion~ in

Baker County ............................... ~fi:"i 906 941

EXEC'UTJOX DOC'KETS'fo require elerl's of Superior <'ourt, to l<eep I'Om bined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 927 955

F
FIRE TXSURAXCE (see Insurance).
FISH AND GA:\fETo amend an .-\ct for ptotection of game animals, bird~ etc.......................... 610 695 9-!8 1026 1058

G
n-EORGIA REPORTs-
To amend Section 1~5, YoI. 1 of ('odt>. reduce number teprinted ................................... 92H 989 1023

1114

INDEX

H
HIGHWAY COMMISSION, STATETo create . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482 583 861

l INSTITUTIO:L\8, PRIYA'l'E-
To provide for inspection of certain . . . . . . . . 650 733 945 980
IXSURANCE, APPRAISALSTo provide for appointment of umpire in certain cases, 609 695 717
L
LAWYER (\\'O~IEX AS) (see Code Amendments, See tion 4932).
LIBRARIES (see Public Libraries).
LIQGORS A:L\D LIQUOR LAWSTo require Ordinaries to keep recorrl of consignees of vinous and malt liquors ..................... 764 8.)8 1023

0
ORDINARIES (see Liquors and Liquor Laws)See Code Amendment, Section 2167, to enable females to become clerks of.
OPTOMETRYTo establish a Board of Examiners in Optometry 229 317 442

p
PEN"SIOXSTo amend Section 1483 of Penal Code, to provide in creased pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 926 990 1072

POPULARITY CONTESTSTo prohibit what are commonly ealled .......... 609 734 1074

PRIMARY ELECTION"S (see Elections and Election Laws).

PUBLIC DEFENDER-

To provide for appointment of, in certain counties..

109

Pl'BLIC BUILDINGSTo .require contractors for construction of, to give bond ........................................ 611 733 961

INDEX

1115

PUBLil' LIBIL\RlESTo furnish Colonial, Revolutionary and ('onfederatc Reeords to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 928 960 102:1
R
REU1::3TR.-\TIO~ OF VOTERS (see Elections and Election Laws).
ROAD LAWS :\:\'D BRIDGES (see Counties and County :l\fatters)-
To CI"eate six 1oad districts in Ben Hill County ... 352 H9 478 To require county chaingang of Habersham County to
work certain roads . . . . . . . . . . . . . . . . . . . . . . . . . . . 415 481 521 To amend the road law of Tattnall County . . . . . . 556 694 718 To anthorir.e Commissioners of Carroll County to have
<ertain roads worl,ed ....................... _:;;;7 694 716 To authorize County of Charlton to turn over to Folks-
ton tertain moneys collected for road tax ...... 557 695 720 To am>nd road laws of Evans County . . . . . . . . . . . . 575 694 718 To authorize County of Charlton to turn over road tax
to town of Homeland ........................ ;376 611 65:1 To amend Ar:t relative to bridges, in Cit~ of Rome,
647 166 848 To authorir.e Charlton County to pay certain road tax
to town of St. neorge . . . . . . . . . . . . . . . . . . . . . . . . 83 I S58 908
s
SCI I OOLS ASD SCHOOL LA\\"8To repeal an Act to establish public schools for town of Hiram ................................... 228 281 294 To authorize Board of Education of Richmond County to issue bonds for erection of girls' high school, 228 280 29:1 To amc>nd an Act providing school system for Cit~ of Alban~ ..................................... .412 482 524 To authorize Louisville Academy to sell certain tim her ................................. : . ..... .415 482 522 To authorize State School Commissioner to pay rertaih s<'IJool funds to Barrow County ............... 416 482 i)22 To amend an .-\ct providing pnblic school system for City of Villa Rica . . . . . . . . . . . . . . . . . . . . . . . . . . . 446 482 i'i25 To authorize County Boar<ls of Education to furnish boob and supplies to children . . . . . . . . . . . . . . . 543 583 727 To require s~hool attendance of children under fourth grade ...................................... 555 8;)7 1028 To amend an Act proYiding sl'hool system for City of LonisYille .................................... 7::1i 8;)7 9H

1116

INDEX

To incorporate Rockingham Se hool District ..... ~Hii 89:; !H:? To establish public s<hool system for Syhania dis-
trict ..................................... 0 926 936 993 To provide for contracts made by Boards of Ecluca-
tion, when local tax is repealed .............. !l:?i 9611 100:?
STATE SAXTTARIU~fTo prevent trespass upon propert~ of ...... 0 0 0 866 906 To amend an Act to authorize E'~tablishment of training school . . . . . . . . . . . . . . . . . . . . . 0 0 92ii 960 1073 To change number of trustees of .. 92i 0 0 960 1Oi 4 To amE'n(\ SE'ction 1572 of Cod<>, rE'latbe to appointlllE'nt of trustees . . 927 960 1073 0 o 0. ,o 0
w
WESTER~ AXD ATLAXTIC RAJLHOADTo repeal Act granting -right of way to ('ineinnati Southern Railway where its l'oute adjoins. 0 8(i(i 990 1022

PART IV.

HOl:SE RESOLl:TIOXS-

To provide for joint session to hE'ar message of Go,-

ernor Harris . . . . . . . . . . . . . . . . . . . . 0

6

To accept invitation to visit ~Ia<on on July 4, 1916..

,

To provide for a joint committee to consider contro-

versy between citizens of Georgia and Tennessel'

Copper Company .. 0 0 0

9\l

To authorize joint committee to investigate certain

charges against School for the Deaf. ... 0 0 0 0

111"

To authorize appropriation to pay expense of Russell

Investigating Committee ................. 0......

lOS

To appropriate funds to supply deficiency in Depart-

ment of Public Buildings .. . .. .. .. .. .. .. .. .. .. ..

10!1

To amend resolution making appropriation to Indus-

trial College for Colored Youths .............. 0..

IO!cl

To provide for a joint committee to consider Special
Auditor's report ......... 0...................... 154

To accept invitation to visit State institutions at

Athens, .July 12, 1916 .................... 00 00 00

168

To appropriate sufficient funds to pay Ordinaries for

pension work in 1915 . . . . 203 405 1052 0 0

To furnish clerk of Superior ('ourt of .Jenkins County

with <"ertain records ..................... 0 230 41 i 45~

JXDEX

1117

To authorize the OoYernor to settle bonnda1y dispute

Letween counties of this and other States . . . . 230 ;304 1050

To appoint a joint committee to re.,odify militar~

laws of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2-52

To adopt recommendations of Auditing Committee and

authorizing employment of stenographer . . . . . . . . . .

:29H

To accept painting of )Janey Hart, and ordering same

hung upon walls of Capitol . . . . . . . . . . . . . . . . . . . . . .

351

To memorialize <'ongre~s to refund '' Jliegal Cotton

Tax Fund'' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41<1

To tall the attention of Secretary of War to water

power~ of no-rth Georgia . . . . . . . . . . . . . . . . . . . .. . . .

447

To request our <'ongressmen to secure aid for flood

sufferers in northwest Georgia . . . . . . . . . . . . . . . . . . .

4;31

To furnish Georgia Reports to Charlton ( 'ounty . .4&3 586 100<i

To pay pension to ::Vlrs. l'a.rtheney .:\1assey ...... .483 836 81 l

To furnish Georgia Heports to Fulton County ... .48:! 586 1002

To relie,e John T. Dargan ................... .483 586 912

To fumish Twiggs Count~ complete set of Georgia

Heports ..................................... 483 585 699

To flll'nisl~ \\'heeler County certain GPorgia Reports,

484 58-5 1007

To appropriate $3:l,OOO to complete payment of pen-

sion rolls ................................ 516 1;3;'5 966 1061

To pro\'ile for relief of ,J. H. Young ............ ;)16 585 1008

To proYide for relief of I. L. Ford .............. :)1 i 585 1OOS

To pro, ide for relief of Agnes (')~de and .T. C. I 'ar

tPr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 517 ;)S5 908

To pay pension of ~Ir~. Lidia .-\. Reagin ......... _;'iJ i' S:H1 Si'4

To pay pension of }frs. F. ,J. Abernatha . . . . . . . . . _;)17 1'36 1'172

To pro,ide for relief of T. A. Baldwin and Catoo~a

Springs Co................................... 517 -'542 ;jfl9

To pa,\" balanre due ('has. W. Cranl,shaw for silver

senice ....................................... 517 975 980

For relief of Press Buxton .................... 558 585 1002

To pay pension of l\frs. L . .:\f. T~son ............. 572 836 8'ii

To pay pension to ::Vfrs. Fannie Willis, widow of .John

Willis ...................................... 573 835 1051

To pa~ pension of .John Ward . . . . . . . . . . . . . . . . . 573 835 1049

To authorize the GoYernor to apportion certain funds

600

To appropriate $1,000.00 for care of Confederate Cern-

eter~ at :uarietta . . . . . . . . . . . . . . . . . . . . . . . . . . . 607 836 96i
To appropriate $60.00 to pay funeral expenses of .T. w.

~forrPll, indigent pensiont'l' ................... 607 83;) .S73

1118

INDEX

To pay pension of Charles Stebbins for 19l:L ..... 601 s:n SiS

To appropriate $60.00 to pay pension of :Mrs. Hulda

Whitehead .................................. 60i 83:) 1OOS

To appropriate $611.00 to pay pension of Mrs. W. C.

Hamil ....................................... 60/ S~6 S/3

To appropriate $60.00 to pay pension of :Mrs. J. W.

Brittman ................................... 60i s:~;; 1049

To appropriate $60.00 to pay pen~ion of Mrs. Z. E. A.

Spence ..................................... 60R SM 1006

To appropriate $60.00 to pa~ pension of Mrs. L. E.

York . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 608 S:l4 8/6

To pay expPnses anrl JWr iliem of r!"'rtain committees,

60S 836 Rfi9

For the relief of ::\Irs. R. X. C'hunn . . . . . . . . . . . . 608 83-J. Sfi!1

To pay pension of ::\Irs. Sarah A. Wilson ........ 60S 83-J. Si:i

To provirle for relief of George Sphe~ and others,

(j;)1 n:1 SiO

To authorize State Treasurer to transfer certain funrls.

S~:! !1:1; 100fi

To extend l'or<lial weleome to '' Oriler of EagleR ''. . . .

!140

To adopt the '' f'herokee nose as the floral embl<'m

of the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1002

To provirlP for hringing np nnfinisheil business...... 10~0