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<>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 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 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 50 J Ol:RNAL OF THE SE~ATE, 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 WEDC\'E~DAY, ,}UXE 28, 1916. 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 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 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. \VED:NESDAY, .JUNE :28, 1nlt). 63 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 64 JOCRX.-\L OF THE ::;EXATE, 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, \YEoxEso.u, .JcxE 28, HllG. 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 66 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: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- \VEDXESDAY, .JUKE 28, 1916. 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 70 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 hiven 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 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). 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 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 Ce, 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 DEPARTJll10, 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 .JouRNAL OF THE SENATE, 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- }fOXDAY, JULY 3, 191G. 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 124 .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 & 126 .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- }[OXDAY, JULY :3, 1916. 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 128 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, 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 134: 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 ~Ioxn.u, JL'LY 3, 1916. 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- 136 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 )Ioxo.u, J-cLY 3, 1916. 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 138 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 ~!OXD.H, J"LLY 3, 1916. 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- 140 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- )fOKDAY, JV"LY 3, 1916. 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- 142 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- :JfOXDAY, JrLY 3, 1916. 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 144 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.: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 SENATEYas 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, hvhich \\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: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. Holr a system of public sch:, .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:>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 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. HolIinter, 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 SElassage 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 offererred 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 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::-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!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 filPre 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 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 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- rolle 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 spevenues 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, hd. 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 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 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 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 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 callent. 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 ( 'ommittee on Pensions, submitted the following report: Mr. President: Your ( 'onunitt('e on Pensions has haration the following bill of the Senate, and instrnetepaeo<'k, of the 14th Dishid, Chairman of the Committee on ( 'orporations, submitted the following report: Mr. President: Your Committee on ( 'orporations has had under 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 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 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 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 Collrs 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 nppliss ~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 exs ______________$29,502,253.75 Liabilities. Bonfcrred 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 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 read the first time, to wit.: By }lr. Stondl~\ hill to regulate the sale of paregoric and other compounds ('Ontaining clerivatiYe~ of opium. Heferre taken up for a tltird the rPqnisit<' ceiwd the requisite constitutional majorit~-, was pa:-:sed. By :\I r. ~\ 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 "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 trieHgl' 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&'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, .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 :JuspeC"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."), proYinatP 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 reiwd 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 Sd. 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- following substitute to the bill was offered, to wit.: H~ }Jr. 'Yalker"\ bill to tax mortgages, security 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 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 ::\Iunie. 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 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 saitt. 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!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 Hefcrrenb entitled to record an(l to ]H'ovide for fr0e aecess to puhlir reeords. Your committce has further har 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 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 passeDAY, 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, to inC'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. Fletcl. ~\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, 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:itte 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 \Yrtain funds. The follo~Yin_g resolutions \Yere rearl and nf0ne>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 .TrrPd 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::-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 :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.- .-\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. ~-\ followi11g report: Jlb. Ptesident : Your Committee on Rules reeonm1e11cl 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- following hill of the SmwtP aneommitte(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 Daouglas. _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 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 anrs ('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 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. 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 second time, to wit.: B~- -:\I r. Stark of .JarksonA bill to amend an Act 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 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 amrting in lieu th<>reof thP word, also h~- striking all of said scdion aftpr thP word "<'Ollllllissiml ", in li1w nill:t taken as seems befitting the dignity of this hod 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 succsaid, 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 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 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 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; provifendants 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 annadenwnts of this section are mandatory. St:c. :n. BP it further enaorgia, 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-( '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 nndtwt<> 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::-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. Hnldtermine 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 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, Wd 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 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 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 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 <:>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 sairt~- so levie eonstitutional majority, was passed as amen(l<' 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 :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 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 i84 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. 788 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, 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 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<'ors 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_etion 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. 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 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 \VeriderL 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'nasurer." 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 orn. 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, 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 ..-\nferred 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- 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 vad upon or ('XPrcisPnaf'tei,;.;orgia. '' Cpon a motion ma 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~. B. F. H:mdl 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. 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 (' 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 d, let your legal minds eonsider this, hut ahoYe all thing:;;, this LttPr roulHl out its work than h~ extending ais 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 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. lloln, .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 receivemith, 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 selace 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, 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 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.rrize 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 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- pository at :\1aeon ............................. . ](j(j ] 81 To mal1 a ~pPdal or
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 rP16 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 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 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 !lli-> To appropriate $:)00 to Resaca l'onfederatc <'emeter~-, 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 nd .-\ct prodding for reg.nhttion of pratice of 9:?_ 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 . . . . . . !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 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,iry 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 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 . 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 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, 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