JOURNAL OF THE SENATE OF THE STATE Of GEORGIA EXTRAORDINARY SESSION AT ATLANTA TUESDAY, MARCH 20, 1917 1917 BYRD PRINTING COMPANY ATLANTA, GA. JOURNAL SENATE CHAMBER, ATLANTA, GA., Tuesday, March 20, 1917. The Senate met in extraordinary session at 10 o'clock A. M., and was called to order by the President, Hon. G. 0. Persons. Upon the call of the roll the following Senators answered to their names : Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, r. 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, .Tno. F. Lawrence, A. A. Mangham, J. J. Moon, E. T. McCrory, C. R. McFarland, J. R. McLaughlin, B. F. Paulk, Geo. A. Paulk, M. J. Those absent were Messrs.: 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. ~ Minter, C. C. Peacock, Z. V. Hansom, W. M. The President caused the following proclamation to be read: 6 JouRNAL OF THE SENATE, PROCLAMATION BY THE GOVERNOR IN THE NAME AND BY THE AuTHORITY oF THE STATE OF GEORGIA: WHEREAS : Through the failure of the General Assembly to appropriate the full amount asked for on the estimate of the Pension Commissioner, there exists a deficiency in the appropriations for 1917 for the pensions of Confederate veterans and the widows of Confederate veterans, due to be paid before May first, which deficieney, if allowed to continue until action can be had at the next regular session, will cause inestimable anguish and suffering to a large number of these worthy men and women who have depended upon the prompt payment of the money provided by the statute laws of our Commonwealth, and would probably cause many to lose their pensions entire~y as death may result before they can be paid, and WHEREAS: Information is at hand from many reliable sources that the statutes of our State, intended to regulate and restrict the purcqase from beyond the State, or the carrying, receiving and having in possession, of alcoholic, vinous, malt and intoxicating liquors and beverages, are being evaded, avoided and violated to such an extent as to be a serious menace to the safety and happiness of many of o~r people and to the prosperity and productiveness of our business oecupations and enterprises, and TuESDAY, MARCH 20, 1917. 7 WHEREAS: The legitimate shipments under these statutes have become so large and continuous as to change the very cl_laracter of the State's rating as a Prohibition State, it being alleged that there are stored in cities just beyond our borders large quantities of such liquors in control of husiness concerns that are preparing to transport the same into our borders under our laws, or against our laws, by, or before July first, 1917, for delivery to our people, and WHEREAS: Prohibition has become the settled policy of our State and a vast number of our citizens desire it to be made complete and to that end a very great majority of the present membership of the House and Senate have indicated a wish to be allowed to finish the work begun by them, and under the recent interpretation of the Federal statutes applicable, to consider and decide the question whether to make the State "Bone-Dry" in order that a fair test may be had of the effects of such a law upon our people, and WHEREAS: The next General Assembly does not meet in regular session until the fourth Wednesday in.June, 1917. Now, THEREFORE: By virtue of the authority vested in me by Article V, Section 1, Paragraph 13, of the Constitution, I, Nat E. Harris, Governor of Georgia, do hereby convoke the General Assembly of the State in extraordinary session, to meet in their respectiv~ halls at the Capitol in Atlanta on the twentieth day of March, A. D., 1917, at 10 o'clock, 8 JouRNAL oF THE SENATE, A. M., for the following objects, each of which is considered by the Executive of sufficient importance to make the extraordinary occasion required to authorize and justify such a session: To consid,er and take action upon the subject of a deficiency appropriation necessary to complete the amounts required to be appropriated to pay the pen- sions of Confederate veterans and widows of Confederate veterans, for 1917, as set out and directed by the Constitution and laws of the State: To consider the subject of "Bone-Dry" Prohibition, and especially of the shipping, importing or bringing of alcoholic liquors into the State of Georgia, with a view of making such revisions, amendments, changes in or additions to the existing laws on the subject, as will in the opinion of the General Assembly relieve the State from the present evils and secure complete protection to the people against the sale or importation or manufacturing or keeping on hand of alcoholic, vinous, malt or intoxicating liquors. Given under my hand and the Great Seal of the State at the City of Atlanta, this the eighth day of March, in the year of our Lord, One Thousand, Nine Hundred and Seventeen. N. E. HARRIS, (SEAL) Governor. By the Governor: PIJ;ILIP CooK, Secretary of State, TuESDAY, MARCH 20, 1917. 9 The President then declared the Senate convened in extraordinary session under the foregoing procla- mation. Prayer was offered by the Chaplain, the Rev. J. W. G. Watkins. The following resolutions were read and adopted, to-wit: By Mr. Dobbs- A resolution instructing the Secretary of the Senate to notify the House that the Senate has convened in extraordinary session and is ready for the transaction of business. By ~ir. Turner- A joint resolution providing for the appointment of a committee of two (2) from the Senate and three (3) from the House of Representatives to notify His Excellency, the Governor, that the General Assembly has convened in extraordinary session and is ready for the transaction of business. The. President appointed as said committee on part of the Senate Messrs. Turner and Callahan. The following message was received from the House through Mr. Moore the Clerk thereof: Mr. President: I am instructed by the House to notify the Senate that E. B. Moore of DeKalb County has' been duly 10 JouRNAL OF THE SENATE, elected Clerk of the House to fill the vacancy caused by the resignation of Hon. John T. Boifeuillet of Bibb County. The following message was received from the House through Mr. Moore the Clerk thereof: Mr. President- I am instructed by the House to inform the Senate that the House has convened in extraordinary session and is ready for the transaction of business in accordance with the proclamation of the Governor. The following message was received from the House through Mr. Moore the Clerk thereof: Mr. President- The House has concurred in the following resolution of the Senate, to-wit: A resolution providing for a joint committee of two from the Senate and three from the House to wait upon His Excellency, the Governor, and inform him that the General Assembly has convened in extraordinary session. The Speaker has appointed the following members as the committee on the part of the House: Messrs. Ayer, of Bibb; Taylor, of Monroe; McRae, of Wilcox. The following resolution was read and adopted to-wit: TuEsDAY, MARCH 20, 1917. 11 By Mr. Stovall- A resolution inviting to seats on the floor of the Senate, Senators and Representatives elect who are in the city. The following resolution was read and laid upon the table, to-wit: By Mr. Thomas- A resolution providing for the adjournment sine die of th~ General Assembly on Wednesday, March 21st, 1917, at 12 o'clock M. The following resolution was read and adopted, to-wit: By Mr. Harrison-'- . A resolution providing for a joint session of the General Assemb~y a~ 11:30 o'clock, A. M., today for the purpose of hearing His Excellency, the Governor, deliver his message to the General Assembly in person. ::\fr. Turner, Ohairman on part of the Senate of the joint committee appointed to inform His Excellency, the Governor, that the General Assembly has convened in extraordinary session, submitted the following report: Mr. President: The undersigned committee appointed under the joint resolution of the Senate and House of Repre- 12 JouRNAL OF THE SENATE, sentatives to wait upon His Excellency, the Governor, for, the purpose of notifying him that the two Houses had met pursuant to the proclamation of the Governor calling the Legislature to convene on this day in extraordinary session, for the purpose of transacting the business therein referred to, beg leave to report that pursuant to said resolution, your committee has notified the Governor that the two Houses of the Legislature have convened in accordance with said proclamation and are ready for the transaction of business. Respectfully submitt~d, T. R. TuRNER, Chairman. J. w. CALLAHAN, Committee on Part of the Senate. rrhe President designated Mr. McFarland of 44th District, a member of the Temperance Committee, vice Mr. Ransom of 42nd District, deceased. The following resolution was read and adopted to-wit: By Messrs. McFarland and Harbin- A resolution providing for the appointment of a .committee to draft suitable resolutions upon the death of Senator W. M. Ransom. The President appointed on said committee: Messrs. McFarland, Harbin, Harrison, Pickett of 41st District, Boykin. TuEsDAY, MARcH 20, 1917. 13 The following bill of the Senate was read the first time to-wit: By Messrs. Tison, Eakes, \Valker, Persons and others- A bill to be entitled an Act, to amend and supplement the prohibition laws of this State by making it unlawful to transport or to ship any spirituous, vinous, malted, ferme:p_ted or other intoxicating liquors, or any of the liquors or beverages defined in Section 1 of the Act approved November 17, 1915, being an ''Act to make clearer and mor13 certain'' the prohibition laws of this State, etc., from any point without this State to any point within this State; or from place to place within this State; or receive, have, possess or control any such specified liquors or beverages within this State, except pure alcohol for medicinal, mechanical and scientific purposes, and wines for sacramental purposes under conditions prescribed: Also by fixing the punishment for violations of this Act; providing for additional costs on conviction of certain offenders -against the State prohibition laws; prescribing rule's of evidence; providing for _a State Commissioner of Prohibition, and prescribing his duties and compensation; repealing the Acts approved November 18, 1915, and of August 19, 1916, and certain portions of the Act approved November 17,1915, and amending Sections 1112 et seq. of Criminal Code of 1910; and for other purposes. 14 JouRNAL OF THE SENATE, Referred to the Temperance Committee. The following resolution was read and laid over under the Rules, to-wit: By Mr. Walker- A resolution condemning the action of certain United States Senators in giving comfort to Germany at the expense of the United States and in affirming our faith in the policies of President Woodrow Wilson. The following message was received from the House through Mr. Moore the Clerk thereof: Mr. President: The House has concurred in the following resolution of the Senate as amended to-wit: A resolution providing for a joint session of the General Assembly at 11:45 o'clock A. M., March 20, 1917, for the purpose of hearing His Excellency, the Governor, deliver his address in person. The House has adopted the following resolution to-wit: That it will be the pleasure of the General Assembly to have His Excellency, the Governor, appear before a joint session of the House and Senate at 11:45 o'clock A. M., this March 2oth, 1917, to make such rec.ommendation as he may see fit. Upon motion of Mr. McCrory, the rule of the Senate fixing the hour of adjournment at 1 o'clock P. M. was rescinded. TuESDAY, MABcH 20, 1917. 15 The following Senate resolution was taken up for the purpose of acting upon the amendment of the House, to-wit: . A reso~ution providing for a joint session of the General Assembly this day to hear the address of His Excellency, the Governor. The House amendment changing the time of convening the joint session from 11:30 o'clock A.M., to 11:45 o'clock A.M., was concurred in. The following resolution of the House was taken up and concurred in, to-wit: ., By Mr. Fullbright of Burke- A resolution instructing the joint committee appointed to wait upon His Excellency, the Governor, also to notify the Governor that the General Assembly will be pleased to have him address the joint session at 11 :45 o'clock A. M. The hour of 11:45 o'clock A. M., having arrived the Senate repaired to the Hall of the House of Representatives for the purpose of hearing the message of His Excellency, the Governor. The President took the chair and called the joint session to order. The resolution convening the General Assembly in joint session was read by the Secretary of the Senate. His Excellency, Governor N. E. Harris, was escorted to the Hall of the House of Representatives, 16 JOURNAL OF THE SENATE, by the joint committee appointed for that purpose, and upon being presented to the joint session by President Persons, delivered in person the following message, to-wit: MESSAGE ExECUTIVE DEPARTMENT, STATE OF GEORGIA. ATLANTA, MARCH 20, 1917. To THE GENERAL AssEMBLY: I have called you together to take action in what I believe to be an extraordinary emergency fulfilling the requirements of the Constitution. The responsibility for the first called session was with your body. You took the burden and bore the blame and are entitled to the thanks, if any, for that event. For the present session I alone am responsible. I take the blame upon myself and will accept whatever gratitude may follow and bear whatever condemnation may result, because of the act. Extraordinary sessions are not popular in Georgia. I have found that there is an unreasoning prejudice against the payment of the $4 per day to legislators, and the extent of the feeling has been something of a surprise to me, since I have been in office. The people consider it a great waste, and yet there is no officer of the State who receives less pay in comparison with the work that he does than a member of the Georgia Legislature. TuESDAY, MARCH 20, 1917. 17 I am on record as favoring biennial sessions. But I do not mean by this to suggest that special or extraordinary sessions should never be resorted to when it is desired to have the Legislature give immediate relief in any particular matter, or accept or reject any declared policy pressing for attention before the regular session legally convenes. When the Governor calls the General Assembly into extraordinary session, he lays down the subjects 1-ipon which the Legislature must work, confining them by his call under the Constitution to the subject matters announced in such call. The proceedings ought to be much shorter than when the session is open to every character of legislation on every subject matter that affects the commonwealth. Special legislation or legislation of a special.kind is more quickly settled at a special session of the General Assembly. Other States are learning this and in West Virginia three special sessions occurred during 1916. Oklahoma, California, Illinois, Connecticut, Tennessee, Ver:mont and Massachusetts also had extraordinary sessions of their respective Legislatures during the same year. In some States the Legislature meets every four years and a speCial session is necessary at times to deal with emergencies that must arise in the progress of the business of a growing people. What then is the emergency? This General Assembly, at the special session in November, 1915, desired to abolish liquor selling in 18 JouRNAL OF THE SENATE, the State. You compelled a call at that time, at an incalculable sacrifice to yourselves. You showed that you meant business when you seized the reins and forced a halt in the progress of the Government. When you returned to the Capital on the special call of the Governor you dealt with the subject of prohibition widely, passing four great statutes concerning the same, intending to put a stop to the evil of liquor drinking in the State as far as you thought you were then able to do. The restrictions of the Federal Constitution on interstate commerce had been modified by Congress in what is known as the Webb-Kenyon Act. Under this enactment the States were given permission to regulate interstate commerce as to shipments of liquor, and the fullest liberty was allowed to the Legislatures of these States to put an end to the carrying of intoxicants into their borders whenever in their wisdom they should see fit so to decide. But unfortunately a large number of our people imagined that the right to "regulate" did not authori~e complete prohibition of such commerce, and the result was, although your minds were set on strict prohibition for the State, you were afraid to go far enough to keep out liquor entirely from your borders. You were urged to go further hy the Governor both by message and by personal interview with your leaders. Y'ou were asked to take for granted that the law would be construed to be constitutional. Yet under the advice of t}10se whom you trusted most, you thought it not well to follow the Governor's die- TuESDAY, MARCH 20, 1917. 19 tation. The consequence was you opened up the State to shipments under what is known as the ''twoquart law," letting into our limits not only two quarts of spirituous liquors, but if the consignee preferred, a gallon of wine or 48 pints of beer. These shipments were allowed to occur with only monthly limitation. One family could import two quarts for every person of age within the family. Only a name . was needed. And following this enactment, at the regular session in the summer of 1916 you made the express agents throughout the State the agents of the commonwealth to complete the transaction which allowed the shipping of liquors into the State. In this way your own State became the purveyor of whisky to her people, or as some one has said, you made a bar-room out of the express company and the agent was constituted the bar-keeper. Of all the foolish things that you and I have been guilty of since we have been together in the business of the State, this, it seems to .me, is the most remarkable. As the State under these Acts became completely dry, so far as her own people were concerned, you can understand that vast quantities of liquor began to be shipped in from o-q.tside her boundaries under the provision which you had incorporated into the law. A new business started on our borders. Whisky was banked up in the cities outside and adjacent to ilhe State line. A large amount of money was invested, and preparation was made for an ex. tensive commerce which, in fact, was entered upon with our folks, ~md by which countless thousands of 20 JouRNAL OF THE SENATE, dollars were made and countless thousands of shipments of liquor sent into the State. A notable instance of the preparation for this was seen in the little town of Girard, Alabama, opposite Columbus, where it is said more than a million and a half dollars worth of alcoholic liquors was taken possession of and destroyed by the State of Alabama. We do not get the same help from the other States that border on our lines. The business of shipping liquor into our State through the medium which you have provided has become so great and influential, so resourceful in fact, that it was able even to influence the action of the Federal Congress and sec:ure a postponement of ~be most far-reaching and salutary enactments ever passed by our nation's lawmakers. This postponement it was said was bad to enable the people on. our own borders to unload their accumulated stores on .Georgia-about three million quarts from one State in a million and a half shipments, in the course of some three months. All this, besides the wine and beer that would be thrown in for good measure. It was too much to ask a State whose declined policy was in favor of prohibition .to stand an influx of the prohibited article to an extent such as all this prom. ised. To prevent a result like this and to forestall a recurrence of a similar nature in the futur.e, I have called you together today. Befo;.e making this call, I tried in the best way accessible to me to ascertain the wishes of the people of Georgia on the subject. Letters, telegrams TuESDAY, MARcH 20, 1917. 21 and signed petitions have come to me in, great numbers, in almost every instance the authors of the same giving their views of the necessities that require the call. A short reference to some of these may not be unnecessary. The petitions for the call exceed those filed against it by more than twenty to one. Of the reasons that are given I select the following: Under the two-quar~ shipping law, and the 1916 amendment which followed, compensating express agents for the handling of packages, the agent is given financial incentive to solicit the purchase and shipment of whisky. Indictments in a few instances have been found against some of these agents for delivering whisky to persons under fictitious names, and otherwise violating or evading the statute. It is claimed that in many parts of the State these agents are delivering packages to the heads of families, their wives, other adult members of the household, both men and women-in _many cases to minors. And in handling the shipment they are made the agents of the State to collect the fee and complete the transaction, thus becoming. a partner in the wiliisky business. Against this situation several agents have earnestly protested. It was further alleged that this- two-quart shipping law induces false swearing in order to secure a larger quantity than the law permits. It causes men to call on their wives and children for the purpose of securing additional shipments, and to ~~~e 22 JouRNAL OF THE SENATE, false affidav~ts as to identity to procure shipments not only from their own express offices, but from those at other points within and without the county. Large amounts of liquor have been ordered by farm hands and factory laborers who lose time while going. to the express office t() secure the shipments, and drunkenness and disorder ensue by reason of the rapid consumption of the liquor when received. Large sums of money, it is found, have been expended by the poorer classes for these shipments, and the probability is irresistible that these expenditures will be largely increased during the next three months because of the fact that so many liquor houses on the border States will perhaps go out of business on July 1st. It was further pointed out that the class of whisky which is being shipped into Georgia on these orders is immensely inferior to the kind received before the present statutes went into effect. One Representative writes to the G:overnor that while he has not changed his views on local option he is very hopeful that some method may be found to stop absolutely the shipment of liquor into the State because instead of making men drunk he finds that it makes them insane. This is due to the adulterations of the article sold and shipped to our people. The provisions intended to safeguard and limit the amount which an individual can receive are so difficult of enforcement that violations of the statute may be easily concealed. The right under the statute TuESDAY, MARoH 20, 1917. 23 to order two qu~rts for each individual per month and receive the same under affidavit renders difficult the conviction for the illegal shipment or purchase of any additional amount. It is even more difficult to c~nvict for the sale of what is known as blind tiger whisky. When caught with liquor in possession the accused asserts that it was secured by him under his legal rig:ht to a shipment of two quarts and he points to his receipt. The peculiar wording of your statute has transferred in many cases the burden of the whisky traffic from the cities of the State to the country districts where new express offices have been established. In a number of rural communities the harmful effect is apparent, and the situation at times becomes dangerous. Lack of police protection renders more intolerable the constant receipt of the fiery fluid in these communities. Information from a number of sources, including State Representatives, sheriffs; mayors, prominent and influential citizens has been received to the effect that the illicit distilling of whis_ky is rapirgery and upon conviction 50 JOURNAL OF THE.SENATE, shall be punished as is prescribed in Section 16 of this Act. Sec. 13. Be it further enacted by the authority aforesaid, That any common carrier may, with or without hire, transport, ship or carry from any point without this State to any point within this State wine which is to be used for sacramental purposes and Jewish Passover. observance only, under the following conditions : It shall be the duty of the ordained minister, priest in actual charge of a church or religious order, or head of the official board of any church or religious order who may desire a permit to have shipped, and to receive, such wine for sacramental purposes and Jewish PassQver observance only, to apply to the Ordinary of the county in which the church or religious order is located for permission to receive said wine, which said application shall be in the following form: Georgia, __________________________ County: I, ----:--------------------, (Giving name and official connection) apply for the right to receive__,__ _____ (Here state quantity) of wine which is to be used for sacramental purposes or Jewish Passover observance only in_____ (Here give name of church). This the ____day of_ ______________, 19__ ___________________________ Applicant. The above application is approved and granted by me this ______day of__________,________ , 19__ _______________________________ O r d i n a r y . That upon said application being presented to the Ordinary aforesaid the same shall be issued and ap- THURSDAY, MARCH 22, 1917. 51 proved by him, and when so issued and approved, the same may be presented to any common carrier, and will aut~orize said common carrier to deliver, and said applicant to receive, the stated quantity of Wine for the purposes therein specified. Said common carrier is hereby required to endorse on the back of said application the date of delivery and quantity of wine so delivered on said application, and no further deliveries shall be made on said application. It shall be the duty of the Ordinary to record said application as is required by Section 5 of this Act, and it shall be the duty of said applicant to return said application to said Ordinary as required by Section 6 of this Act. Upon the failure of said applicant to return. said application to the Ordinary, as so required in this Act, he shall, upon conviction therefor, be punished as is prescribed in Section 16 of this Act. Sec. 14. Be it further enacted by the authority aforesaid, That said wines when so received shall be retained in the custody an:d possession of the said applicant, save when the said wines are being administered in said sacramental service. Only one such application shall be made and allowed per each calendar month to each church or congregation, and the amount so obtained thereon shall not exceed that required for said sacramental purposes. Sec. 15. Be it further enacted by the authority aforesaid, -That no person shall be exempt from testifying as to any offense committed by another under the terms of this Act by reason of his testimony 52 .JouRNAL OF THE SENATE, tending to criminate himself, but the testimony given by such person shall in no case be used against him. Sec. 16. Be it further enacted by the authority aforesaid, That upon conviction for any violation of any of the provisions of this Act wherein a different punishment is not ptescribed, shall be punished as for a misdemeanor as provided in Section 1065 of the Criminal Code of 1910. Sec. 17. Be it further enacted by the authority aforesaid, That the Act approved November 18, 1915, and known as the non-shipping law, found on pages 90 et seq. of the Acts of 1915, extraordinary session, be and the same is expressly repealed. The latter part of Section 2 of the Act approved November 17, 1915, extraordinary session, found on page 80, and reading as follows : ''But this inhibition does not include and nothing in this Act shall affect, the social serving of such liquors and beverages in private residences in ordinary social intercourse," is expressly repealed. The act approved August 19, 1916, found on pages 72 et seq. of said Acts of 1916, regulating the importation of alcohol, is also expressly repealed. Sec. 18. Be it further enacted by the authority aforesaid, That nothing contained in this Act shall affect or limit the shipping or receiving of denatured alcohol which cannot be used for beverage purposes, and which can be use9. only for scientific or mechanical purposes. Sec. 19. Be it further enacted by the authority aforesaid that all apparatus or appliances which are THURSDAY, MARCH 22, 1917. 53 used for the purpose of distilling or manufacturing any of.the liquors or beverages specified in this Act are hereby declared to be contra~and and no corporation, firm or individual shall have any property right in or to the same and whenever said apparatus or appliances so used or are about to be used for the purpose of manufacturing any of the liquors-or bev- . erages specified in this Act are found or discov_ered by any sheriff, deputy sheriff or other executing officer of this State, the same shall be summarily de~troyed and rendered useless by him without any formal order of the court. Sec. 20. Be it further enacted, That it shall be unlawful for any corporation, firm, person, or individual to manufacture, make or construct any apparatus or appliance to be used for the purpose of distilling or manufacturing any of the liquors or beverages specified in this Act, or to sell, give, or deliver such apparatus or appliance, and upon conviction therefor, shall be punished as prescribed in Sec. tion 16 ~f this Act. When such apparatus is found or discovered in the possession of such corporation, firm, person, or individual, the same shall be prima facie evidence of the violation of this section. Sec. 21. Be it further enacted by the authority aforesaid, That Section Twenty of the Act approv~d November 17, 1915, found on page 88 of the Acts, extraordinary session of the Legislature, be, and the same is amended by striking out the following portion of sai4 section: ''Are to be forfeited to the State when seized and may be ordered and con- 54 JOURNAL OF THE SENATE, demned to be destroyed after seizure by order of the court that has jurisdiction over the same, or by order of the judge of court after conviction when such liquors and such property named have been seized for use as evidence'' and by inserting in lieu of said stricken words the following words, to-wit: "Whenever the same is seized by any sheriff, deputy sheriff or other executing officer of this State the same shall be summarily destroyed without any order of court by such officer save such portion as may be necessary for evidence, which retained portion shall also be destroyed by such officer as soon as the case, or cases, in which the same is so retained as evidence shall been finally disposed of.'' Sec. 22. Be it further enacted by the authority aforesaid, That in the enforcement of this statute the provisions of law as to issuance of search warrants shall be available in case the affiant swears that the prohibited liquors and beverages are held for illegal sale, or delivery. Said warrant shall describe the premises to be searched with reasonable certainty so as to enable the officer to search the premises so described. Sec. 23. Be it further provided by the authority aforesaid, That whenever any person is arrested and convicted for the offense of using any of the apparatus or appliances referred to in the preceding section in the distilling or manufacturing of any of the liquors or beverages specified in this ~ct there shall he taxed in addition to the costs already provided by THURSDAY, MARCH 22, 1917. 55 law and as a part of the costs in such case the f!llm of $25, which sum shall be 7paid over to the officer making said arrest and procuring the evidence re- sulting in conviction of said accused. Sec. 24. Be it further enacted by the authority aforesaid, That it shall be unlawful for any corporation, firm or individual in this State to knowingiy permit or allow any one to have or possess or locate on his premises any apparatus for the distilling or manufacturing of the liquors and beverages specified in this Act. And on conviction therefor shall be punished as prescribed in Section 1065 of the Criminal Code of 1910. Sec. 25. Be it further enacted by the authority aforesaid, That it shall be the duty of all municipal officers, including the police of each city and town, together with the sheriffs and deputies of the several counties and all other officers charged with the execution of the laws in their several jurisdictions, to diligently, faithfully and efficiently at slil times seek to enforce the prohibition laws of this State, to arrest offenders without delay when proper process is put in their hands as such arresting officers, and it shall be the duty of the solicitors general of the circuits and the solicitors of the city courts and the prosecuting officers of the State to draw indictments, present accusations or have warrants issued for the arrest of the offenders against the prohibition law without delay, whenever proper information is lodged with them which authorizes such action; and 56 JouRNAL OF THE SENATE, said offenders shall be speedily brought before the proper courts and tried for the offenses with which they are charged, it being the intention and purpose of this Act to require every officer connected with the administrati?n of justice in the State to do his full duty in enforcing these statutes, so as to secure to the people the fullest protection against the evils sought t<_? be avoided by the same. Sec. 26. Be it enacted by the authority aforesaid, That should any section or sections, or parts of sections of this Act be judicially construed as in conflict with the constitutional provisions of this State, that such unconstitutional section or sections or parts of sections shall in no wise be held to avoid or otherwise affect the remaining sections of this Act. / Sec. 27. Be it further enacted by the authority aforesaid, That aU laws and parts of laws in con- flict with this Act, be and the same are hereby re- pealed. The follo'!ing amendment to the substitute was offered to-wit: By Mr. Turner of the 21st District- }[oves to amend committee substitute by striking the words ''at home or elsewhere'' wherever they may appear in said substitute. Further amends by adding a new section to be appropriately numbered, as follows: That nothing contained in this Act shall prevent or prohibit any bona fide citizen of this State from THURSDAY, MARCH 22, 1917. 57 transporting by his own hand, only, from any point without this State, not more than one quart per calendar month of any one only of the liquors or beverages herein specified; said quart being limited to only one of any of said liquors or beverages at any time, the same to be for the personal use only of said citizen and his immediate family and held or kept by him for such use only in his own home; the word home shall be construed to mean the actual residence of said citizen and shall not include a.ny room in any hotel, boarding, rooming or lodging house, or any room that may be used as a bed-room connected with any building which is used for the purpose of transacting any business of any character whatsoever. Any person violating the provisions of this section shall upon conviction therefor be punished as is prescribed in Section 16 of this Act, and upon a second conviction for the violation of this section shall be forever thereafter denied the privileges or benefits of this section. Upon the adoption of the amendment the ayes and nays were ordered, and the vote was as follows: Those voting in the affirmative were Messrs.-:- Burnside, J. B. Dobbs, E. P. Fletcher, H. M:. Goolsby, B. F. McLaughlin, B. F. Paulk, Geo. A. Peacock, Z. V. Pickett, D. C. Smith, E. M. Trammell, J. R. Turner, T. R. Those voting in the negative were Messrs.- Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. Boykin, H. A. ~ Buchanan, W. A. 58 JouRNAL OF THE SENATE, Callahan, J. W. Eakes, W. J. Fagan, T.V. Gillis, N. L. HaraJson, Pat Harbin, T. W. Harrison, W. T. Holden, Jno. F. ll'angham, J. J. lfinter, C. C. lloon, E. T. McCrory, C. R. McFarland, J. R. Paulk, M. J. Sto>all, A. S. J. -Thomas, J. R. Tison, Mark Tracy, C. C. Ward, C. A. Walker, J. D. Way, J. B. Wren, W. J. Those not voting were Messrs.- Carlton, J. _\. Lawrence, A. A. Pickett, Roscoe Ayes, 11; nays, 28. Upon motion of Mr. McCrory, Mr. Pickett of 41st District was excused from voting on this amendment. The amendment was lost. Mr. McCrory moved that the Senate adjourn until 3 o'clock P. M. 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. Bailey, L. S. Buchanan, W. A. Harals'on, Pat Harbin, T. W. Holden, Jno. F. Mangham, J. J. Moon, E. T. McCrory, C. R. McFarland, J. R. Stovall, A. S. J. Tracy, C. C. Turner, T. R. Walker, J. D. Way, J. B. Wren, W. J. 'Those voting in the negative were Messrs.- Akin, L. R. Bonner, T. B.. Boykin, H. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Eakes, W. J. Fagan, T.V. Fletcher, H. M. Gillis, N. L. Goolsby, B. F. Harrison, W. T. Lawrence, A. A. Minter, C. C. McLaughlin, B. F. THURSDAY, MARCH 22, 1917. 59 Paulk, Geo. A. Paulk, M. J. Peacock, Z. V. Pickett, D. C. Pickett, R{)Scoe Thomas, J. R. Tison, Mark Trammell, J. R. Ward, C. A. Those not voting were Messrs. : Carlton, J. A. Smith, E. M. Ayes, 16; nays, 24. The motion was lost. Upon motion of Mr. Peacock, the Senate at 1 :15 o'clock P.M., adjourned until tomorrow morning at 10 o'clock. FRIDAY, MARCH 23, 1917. 61 SENATE CHAMBER, ATLANTA, GA., Friday, March 23,1917. The Senate met pursuant to adjournment at 10 o'clock A. M., and was caUed to order by the President. Prayer was offered by the Chaplain. By unanimous consent the call of the roll was dispensed with. B~ unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with. The following House resolution was read the first time, to-wit': By Mr. Fullbright of Burke- A resolution to appropriate eighty thousand dollars to complete paying pensions for 1917. Referred to Committee on Appropriations. The following message was received from the House through Mr. Moore the Clerk thereof: Mr. President: The House ha~ passed by the requisite constitu- tional majority the foilowing resolution of the House to-wit: A resolution making an appropriation to pay incidental expenses for extra session of the General Assembly for 1917. 62 JOURNAL OF THE SENATE, Under the order of unfinished business the following Senate bill was taken up for consideration, towit: By Messrs. Tison, Eakes, Walker, Persons and others- A bill to amend and supplement the prohibition laws of this State and for other purposes. The following amendments were offered to the committee substitute, to-wit: By Mr. Boykin- Amend the committee substitute by adding the following sections, to_ be appropriately numbered: "S~cTION 17. Be it further enacted by the authority aforesaid, That the Commissioner of Commerce and Labor shall be ex officio State Commissioner of Prohibition, whose duty it shall be to superintend the enforcement of any and all the laws of this State affecting the manufacture, sale, the shipping and receiving of intoxicating liquors, or matters connected with the liquor traffic. He shall have the authority to employ one clerk, at a salary not to exceed $100 per month, whose duty it shall be to keep and to record all documents or records connecting with the office of Commissioner of Prohibition or to discharge such other duties as the said Commissioner of Prohibition may specify, delegate and require. A report shall be mage every month by said Commissioner to the Governor, setting forth the work that has been and is being done, the prosecutions that have been had, the FRIDAY, MARCH 23, 1917. 63 results attending the same and the amounts paid into the office, with such recommendations and suggestions as may occur to him concerning the enforcement of the prohibition laws of this State. It shall become the duty of the Governor to consider said report and suggestions of said Commissioner, and if in his judgment there is anything requiring the attention of the Attorney General of the State, he shall report the same to said Attorney General with directions for his official action.'' "It shall be the duty of the various clerks of the city and superior courts and county courts of said State after each term of court to furnish on forms to be prepared by the Commissioner of Prohibition a definite statement of the number of prosecutions pending in said court, as well as sentences upon convictions therein had, together with the amount of fines and forfeitures arising in said . court in connection with the enforcement of the prohibition laws of said State. The Ordinaries of said State shall also furnish said Commissioner with a duplicate of all orders filed with them for the purchase of alcohol for medicinal or scientific, or manufacturing purposes." The express companies, or common carriers, shall also furnish to said Commissioner, on forms to be prescribed by said Commissioner, a detailed statement of all alcohol delivered by them, the person to whom delivered, and the amount delivered, and for what purpose same was delivered, as provided by the provisions of this bill. All which information shall be kept by said Commissioner of :file 64 JouRNAL OF THE SENATE, in a book prepared for same in his office, keeping a separate aCOO'Unt with each county in said State. And the said Commissioner shall furnish to the respective grand juries of each county in said State, at their fall and spring terms, an exact copy of the information shown by his office relative to the enforcement of the publication laws, as well as delivering of alcohol to persons therein. Said Commissioner shall also make a detailed statement of said conditions to each regular session- of the Legislature, together with such recommendations as he may suggest, or think proper.'' "Sec 18. Be it further enacted by the authority aforesaid, That the solicitors of the various city courts, county courts, and superior courts of said State shall at the end of each term of court transmit direct to the Commissioner of Prohibition ten per cent of the fines and forfeitures imposed and collected for violation of the prohibition laws. Said funds shall constitute a fund for the purpose of developing the expenses incurred by the office of Commissioner of Prohibition, and Sections 1112 et seq. of the Criminal Code of 1910, prescribing how the fines and forfeitures fund of this State shall be applied, are amended to the extent herein expressly stated. Said Commissioner of Prohibition shall on the first day of each year on which the Legislatp.re shall meet in regular session submit to the Legislature and Governor a full itemized statement of receipts an:d disbursements du~ing the year, and the remainder of said fund, or funds, in his hands after haYing de- FRIDAY, MARCH 23, 1917. 65 ducted the expenses of his office therefrom, shall be by him paid into the Treasury of this State, he retaining however in his hands from such fund sufficient money to pay the expenses of the :first month of the succeeding year. The Commissioner, for his service as such, shall receive $400 annually in addition to his present salary as Commissioner of Commerce and Labor, to be paid out of the fund aforesaid." Also to number the remaining sections accordingly. Upon the adoption of the amendments the ayes and nays were ordered and the vote was as follows, to-wit: Those voting in the affirmative were Messrs.- Adams, J. 0. Bonner, T. B. Boykin, H. A. Callahan, J. W. Dobbs, E. P. Eakes, W. J. Haralson, Pat flarhin, T. W. Holden, Jno. F. Mangham, J. J. Minter, C. C. Moon, E. T. McCrory, d. R. McFarland, J. R. Stovall, A. S. J. Trac.y; C. C. Turner, T. R. Walker, J. D. Way, J. B. Wren, W. J. . Those voting in the negative were Messrs.- Akin, L. R. Bailey, L. S. Buchanan, W. A. Burnside, J. B. Fagan, T.V. Fletcher, H. M:. Gillis, N. L. Goolsby, B. F. Harrison, W. T. McLaughlin, B. F. Paulk, Geo. A. Paulk, M. J. Peacock, Z. V. Pickett, D. C. Pickett, Roscoe Smith, E. M. Thomas, J. R. Tison, Mark Trammell, J. R. Ward, C. A. . Those not voting were Messrs.- Carlton, J. A. Lawrence, A. A. Ayes, 20; nays, 20. 66 JouRNAL oF THE SENATE, There being a tie vote, the President voted aye and the amendments were adopted. Mr. Pickett of the 11th District moved to reconsider the action of the Senate in adopting the !oregoing amendments. Upon this motion the ayes and nays were order~d and the vote was as follows, towit: Those voting in the affirmative were Messrs.- Akin, L. R. Bailey, L. S. Burnside, J. B. Fagab, T.V. Fletcher, H. M. Gillis, N. L. Goolsby, B. F. Harrison, W. T. McLaughlin, B. F. Paulk, Geo. A. Paulk, M. J. Peacock, Z. V. Pickett, D. C. Pickett, Roscoe Smith, E. M. Thomas, J. R. Tison, Mark Trammell, J. R. Ward, C. A. Tl~ose voting in the negative were Messrs.- Adams; J. 0. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Callahan, J. W. Dobbs, E. P. Eakes, W. J. Haralson, Pat Harbin, T. W. Holden, J no. F. ' Mangham, J. J. Minter, C. C. Moon, E. T. _ McCrory, C. R. McFarland, J. R. Stovall, A. S. J. Tracy, C. C. Turner, T. R. Walker, J. D. Way, J. B. Wren, W. J. Those not voting were Messrs.- Carlton, J. A. Lawrence, A. A. Ayes, 19; nays, 20. The motion to reconsider was lost. By Mr. Persons- Amend Section 3 printed substitute by inserting after the word ''pharmacist'' in line 3, page 2, the FRIDAY, MARCH 23, 1917. 67 words ''chartered hospitals.' Also by ,inserting after the word "pharmacist" the words "superintendent of chartered hospital.'' Also by inserting before the word "or" in line 44, page 3, the words ''superintendent of chartered hospitals." The amendments were adopted. Upon motion of Mr. Moon debate upon all amendments to thiJ:~ bill and substitute was limited to three minutes, to each member desiring to be heard. By Mr. Persons- Also amend Section 10 by inserting after the word ''pharmacist'' in line 2, page 4, the words ''superintendent of chartered hospitals.'' The amendment was adopted. By Mr. Stovall- Amend Section 13 of printed substitute by inserting after the word "or" the following "in________ _ (here state name of church)" and by striking the balance of said line 12 beginning with the word "in" and reading "in______________ (here give name of church).'' The amendment was adopted. By Mr. McFarland- Moves to amend Section 16 of said Act as follows: By adding after the end of said section the following : 68 JOURNAL OF THE SENATE, "Provided that if any person or persons shall be convicted for a second or subsequent offense said person or persons so convicted for said second or subsequent offense shall be sentenced to a term of not less than six months nor more than twelve months imprisonment in the chaingang.'' The amendment was adopted. By Mr. Boykin- Moves to amend Section 24 by adding after the word "individual" in the second line the words "or tenant in possession'' and amend line 3 .after the word ''premises'' in said line, and after word ''premises,'' ''or premises in his possession.'' The amendment was adopted. By Mr. Stovall- Amend Section 25 by adding at the end of said sec- tion ''Provided any officer failing to perform the duties prescribed in this Act shall be fined the sum of fifty dollars in each case.'' The amendment was adopted. By Mr. Boykin- Moves to amend Section 3, page 3, of printed substitute by inserting between lines 33 and 34 the following: ''This application shall be presented in duplicate, the ordinary to retain one in his office.' The amendment was adopted. FRIDAY, MARcH 23, 1917. 69 By Mr. Boykin- Also amend Section 3, page 3, of substitute by inserting after the word "used" in line 43 the words: ''Said statement shall be filed of record by said Ordinary with the Commissioner of Prohibition.'' The amendment was adopted. By Mr. Boykin- Moves to amend Section 6, page 3, of printed substitute by adding the following at end thereof: ''Whereupon it shall become th-e duty of said State Commissioner of Prohibition created by this Act, whose duty it shall be to file and make a record of said application in a book kept_ in his office for that purpose, which record shall always be open to public inspection during office hours.'' The amendment was adopted. By Mr. Boykin- Moves to amend caption of substitute as follows: By adding after the word "evidence" in 11th line the following words, ''providing for a State Commissioner of Prohibition and prescribing his duties and compensation and providing for a clerk of same and fixing his eompensation. Amend by inserting after the word "providing" and before the word . "for" in line 9, "for additional punishment of officers failing to discharge their duties and. '' 70 JouRNAL OF THE SENATE, Upon the adoption of the .amendment the ayes and nays were ordered and the vote was as follows : Those voting in the affirmative were Messrs.- Adams, J. 0. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Callahan, J. W. Dobbs, E. P. Eakes, W. J. HaraJBon, Pat Harbin, T. W. Harrison, W. T. Holden, Jno. F. Mangham, J. J. Minter, C. C. Moon, E. T. McCrory, C. R. McFarlap.d, J. R. Paulk, M. J. Stovall, A. S. J. Thomas, J. R. Tison, Mark Tracy, C. C. Turner, T. R. Walker, J. D. Way, J. B. Wren, W. J. Those voting m the negative were Messrs.- Akin, L. R. Burnside, J. B. Fagan, T.V. Fletcher, H. M. Gillis, N. L. GoolBby, B. F. Lawrence, A. A. McLaughlin, B. F. Paulk, Geo. A. Peacock, Z. V. Pickett, D. C. Pickett, Roscoe Trammell, J. R. Ward, C. A. Those not voting were Messrs.- Bailey, L. S. Carlton, J. A. Smith, E. M. Ayes, 25; nays, 14. The amendment was adopted. By Mr. Peacock- That another section shall be added to the committee substitute to be appropriately numbered, to read as follows : '' T'hat this bill shall not become effective until the same shall have been submitted to a vote of the qualified electors of the State at a special election to FRIDAY, MARCH 23, 1917. 71 be called after 30 days notice in four newspapers of the State. The Governor to decide the date of such election and also the newspapers in which the notiee shall appear and if at said election the qualified voters shall vote in favor of said bill, it to then become immediately effective, but if the vote be against said bill, it be then null and void.'' Upon this amendment the ayes and nays were ordered and the vote was as follows : Those voting in the affirmative were Messrs.- Burnside, J. B. Fletcher, H. M. Lawrence, A. A. McLaughlin, B. F. Peacock, Z. V. Pickett, D. C. I'i<'kett, Roscoe Thomas, J. R. Trammell, .J. R. Ward, C. A. Those voting m the negative were Messrs.- Adams, J. 0. Akin, L. R. Bailey, L. S. Bonner, T. B. :B(Iykin, H. A. Buchanan, W. A. Callahan, J. W. Eakes, W. J. Fagan, T.V. Goolsby, B. F. Harbin, T. W. Harrison, W. T. Holden, Jno. F. Mangham, J. J. :Minter, C. C. :Moon, E. T. McCrory, C. R. McFarland, J. R. Paulk, M. J. Stovall, A. S. J. Tracy, C. C. Turner, T. R. Walker, J. D. Way, J. B. Wren, W. J. Those not voting were Messrs.- Carlton, J. A. Dobbs, E. P. Gillis, N. L. Ilaralf:on, Pat Paulk, Geo. A. , Smith, E. ::VI. Tison, Mark Ayes, 10; nays, 25. The amendment was lost. The substitute as amended was adopted. 72 .JouRNAL oF THE SENATE, . The report of the committee, whi. ch 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 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. 8. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Eakes, W. J. Fagan, T.V. Fletcher, H. M. Gillis, N. L. Goolsby, B. F. Haralson, Pat Harbin, T. W. Harrison, W. T. Holden, Jno. F. Mangham, J. J. Minter, C. C. Moon, E. T. McCrory, C. R. ~fcFarland, J. R. McLaughlin, B. F. Paulk, Geo. A. Paulk, M. J. Pickett, D. C. Stovall, A. S. J. Tison, Mark Tracy, C. C. Turner, T. R. Walker, J. D. Way, J. B. Wren, W. J. Those voting in the negative were Messrs.- Lawrence, A. A. Peacock, Z. V. Pickett, Roscoe 'l'homas, J. R. Trammell, J. R. Ward, C. A. Those not voting were Messrs.- Carlton, J. A. Smith, E. M. Ayes, 34; nays, 6. The bill having received the requisite constitutional majority was passed by substitute, as amended. FRIDAY, MARCH 23, 1917. 73 Upon motion of Mr. Adams the bill was ordered immediately transmitted to the House._ The following protest was read and ordered spread upon the Journal, to-wit: Mr. President: I feel it my duty to enter a protest against the transaction of any business by the General Assembly at this Extraordinary Session. Whatever arbitrary right the Governor may have to convoke the General Assembly, it has, in my judgment, been improvidently exercised, and a precedent has been set which, if followed, will lead to tyranny, as well as unwarranted expenditures. I therefore request that this protest be entered upon the Journal. A. A. LAWRENCE, Senator from 1st. District. Z. V. PEACOCK, Senator from 14th District. RoscoE PicKETT, Senator from 41st District. Mr. Walker, of the 20th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. President: The Committee on Appropriations has had under 74 .JouRNAL oF THE SENATE, consideration the following resolution of the House which I am instructed to report back to the Senate with the recommendation that the same be read the second time and recommitted to the Appropriations Committee, to-wit: A resolution io appropriate eighty thousand dollars to complete paying pensions for 1917. Respectfully submitted, .JNo. D. WALKER, Chairman. The following resolution of the Hou~e was read the first time, to-wit: By Mr. Fullbright of Burke---:- A resolution making an appropriation to pay incidental expenses of the extra session. Referred to Committee on Appropriations. The following resolution was taken up, read and adopted, to-wit: By Mr. Walker of 20th District- WHEREAS, America is menaced by the proximity of war not of our seeking and despite every honorable means by our peace-devoted President, Woodrow Wilson, to avoid it, and WHEREAs, the recent indefensible act of twelve members of the U. S. Senate, led by Senator LaFollette and assis.ted by three Southern Senators, Stone of Misso~ri, Kirby of Arkansas and Varda- FRIDAY, MARCH 23, 1917. 75 man of Mississippi, has resulted in giving comfort to Germany at the expense of the United States and her President, and delayed the protecting of American lives while entrusted to American vessels on God's free ocean, and, WHEREAs, at this epoch-making period in the history of America, when only true Americans can be counted on, we are proud of the fact that without meaning to disparage the people of any other section of our great country, we have in the South the purest American blood on this continent, and, WHEREAS, we are gratified, but not surprised that our Senators Smith and Hardwick, as well as every other Southern Senator, except the ones from Arkansas, Mississippi, and Missouri, referred to above, and practically every &mthern Representative, stood squarely behind the President and voted in favor of his being authorized to arm American vessels: REsOLVED, First that the Senate of Georgia -in extraordinary session assembled, condemn the act of the un-American filibustering Senators in defeating the will of the great majority of both Houses and the country, which has brought shame to every true American and embarrassment to our Government, and instead of promoting peace will tend to intensify the war spirit of our people, and therefore serves no good American purpose. RESOLVED, Second, that we reaffirm our faith in our great President, as is shown by the largest vote 76 JouRNAL OF THE SENATE, in his favor in the recent election of any State in the Union in proportion to votes cast-Texas not excepted-and pledge to him our sympathy and loyal support in the arduous and perplexing duties now confronting him as chief executive of our great country. RESOLVED, Third, further that the Secretary of the Georgia Senate is directed to send a copy of these Resolutions to the President of the United States and the President of the U. S. Senate, and to the Speaker of the U. S. House of Representatives. Upon motion of Mr. Adams the Senate adjourned until tomorrow morning at 10 o'clock. SATURDAY, MARCH 24, 1917. 77 SENATE CHAMBER, ATLANTA, GA., Saturday, March 24, 1917. r_}'he 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 and the reading of the Journal of yesterday's proceedings were disp~nsed with. Mr. Walker of 20th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. President: Your Committee on Appropriations has had under consideration the following resolutions 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 to appropriate eighty thousand dollars to complete paying pensions for 1917. A resolution making an appropriation to pay incidental expenses of the extra session. Respectfully submitted, J. D. WALKER, Chairman. The following resolutions of the House were read the second time, to-wit: 78 JOURNAL OF THE SENATE, By Mr. Fullbright of Burke- A resolution to appropriate eighty thousand dollars to complete paying pensions for 1917. By Mr. Fullbright of Burke- A resolution making an appropriation to pay incidental expenses of the extra session. The following resolution was read and adopted, to-wit: By Mr. Persons- Be it resolved by the General Assembly of Georgia th,at by this joint resolution the appreciation of its members shall be expressed to Hon. Wm. H. Taft for the able and instructive address delivered on yesterday on the subject of the League to Enforce Peace. Be it further resolved, That in expression of our approval and endorsement of the principles and purposes of the League to Enforce Peace, a copy of these resolutions shall be transmitted to Hon. Wm. H. Taft, and to the officers of the League to Enforce Peace. The following resolution was read and adopted, to-wit: By Messrs. Burnside, McLaughlin, Pickett of 41st District, and Lawrence- Whereas, the United States Government is about to locate a plant for the manufacture of Armor Plate, and SATURDAY, MARCH 24, 1917. 79 Whereas, the city of Rome, Ga., is one among the locations now being conside~ed: Therefore, Be it resolved, That, based on the sole merit and confident in the belief that the State of Georgia possesses all the essent1als for the economical assembling of materials, and fabrication of Armor Plate, in north Georgia, as recently presented to the Armor Plate Board of the United States Navy Department; we respectfully urge upon the President of the United States and the Secretary of the Navy, the desirability of locating this plant in the city of Rome, Georgia. We commend and subscribe to the spirit of the city of Rome in setting forth its claims: that if upon investigation a better location can be found, that the city of Rome and the State of Georgia will patriotically abide by the decision. That a copy of this Resolution be transmitted to his Ex-cellency the President of the United States, to the Honorable Secretary of the Navy and to the Senators and memberS" of Congress from the State of Georgia. The following resolution was read and adopted, to-wit: By Mr. Aiken- Whereas, the Senate has learned of the sudden death, in Atlanta last night of the Hon. J. E. Dart, member of the House of Representatives from 80 JouRNAL OF THE SENATE, Glynn County, Chairman of the House Pension Committee, Be it resolved by the Senate, that in respect to the memory of Mr. Dart the Senate do now adjourn until ten o'clock M~nday morning, and that the President appoint a member of this body to accompany the remains to Brunswick and attend the funeral, Be it resolved that a copy of these resolutions be spread upon the Journal and forwarded to the members of the family. In accordance with the provisions of the foregoing resolutions the President appointed Mr. Akin to accompany the remains of Mr. Dart to Brunswick, Ga. Upon motion of Mr. Akin the Senate adjourned until Monday morning at 10 o'clock. .- MONDAY, MARCH 26, 1917. 81 SENATE CHAMBER, ATLANTA, GA., Monday, March 26, 1917. The Senate met pursuant to adjournment at 10 A. M., and was called to order by the President pro tern, Hon. E. P. Dobbs. Prayer was offered by the Rev. Wallace Rogers, Pastor of Park St. M. E. Church, of Atlanta. By unanimous consent the can of the roll was dispensed with. By unanimous consent the reading of the Journal of Saturday's proceedings was dispensed with. .Mr. Harrison of 25th District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President: Your Committee on Engrossing has examined and found properly engrossed and ready for tr.ansmis-' sion to the House of Representatives the following bill of the Senate, to-wit: A bill to amend and supplement the prohibition laws of this State and for other purposes. Respectfully submitted, W. T. HARRISON, Chairman. 82 J OURN-6-L OF THE SENATE, Mr. Harrison of 25th District, Chairman of the Committee on Engrossing submitted the following report: Mr. President: Your Committee on Engrossing has examined and found properly engrossed and ready for transmission to the House, the following resolutions of the Senate, to-wit: A resolution expressing appreciation to Hon. Wm. H. Taft for his able and instructive address on the subject of the League to Enforce Peace. A resolution endorsing the city of Rome as the place for the location of the U. S. Armor Plate Plant. Respectfully submitted, W. T. HARRISON, Chairman. At 10 :10 o'clock A. M. the Senate took a recess subject to the call of the chair. The Senate reconvened at 10:45 o'clock A. M., and was called to order by the President pro tern; Mr. McFarland, Chairman of the committee appointed to prepare suitable resolutions in memory of Hon. W. M. Ransom, late Senator from the 42nd District, submitted the following report: Mr. President: The committee appointed to prepare suitable res- MoNDAY, MARcH 26, 1917. 83 olutions commemorative of the life of Senator W. M. Ransom, of tlie 42nd District, beg leave to present the foB owing report: \V. M. Ransom about forty-eight years ago, was born in Walker County, Georgia, which county can proudly claim to be the birthplace of this illustrious man of North Georgia. Senator Ransom spent his childhood on the farm. When nearly gr6wn he took an humble position in a wholesale produce house in Chattanooga, Tenn., afterwards traveling a few years for the same house. This young man had only had a common school education, but being fired by holy ambition to accomplish something worth while in life, he determined to obtain an education, and successfully carried this resolution into effect, graduating at Emory College, Oxford, Ga., during the time our great Methodist Bishop, Warren A. Candler, was with this historic institution. Choosing the profession of teaching as best suited to his inclinations and purpose in life, he prepared, by tho.rough training and characteristics of mind, to illustrate the best example of that vocation which has ~one so much to elevate and christianize the young men and women of his section. He taught at Breman, Buchannon and LaFayette, the last place being the county site of his native county. His last work was at Menlo, Chattooga County, 84 JoURNAL OF THE SENATE, where, like all the other places, he built up a very fine school. Senator Ransom served in the House of Representatives in 1913-1914. SQ well and faithful was his service in that capacity, that his district elected him to the Senate of 1915 and 1916 without opposition. It was in this service that we, as members of this Senate, missing his wise counsel and sadly mourning his death, knew him best. Senator Ransom's motto was onward and upward through all the well known trials of life which make triumph sweeter when they are overcome. Possessed with a vigorous mind, decided convictions, public spirit, progressive ideas, and patriotic purposes, it was only natural that he should rise to a place of . influence and power among men. - The subjects nearest his heart, to be considered by this body, were State-wide prohibition and the common scheols. The promise of usefulness as a legislator quickly found expression in the debates where his careful preparation, accuracy and eloquence of statement, bold and uncompromising adherence to what heregarded as right, soon won for him the respect of his opponents and the admiration of his friends. He came to this Senate a stranger to most of us. Because of his daily walk, his manly regard for the rights of others, as well as his courteous demeanor, he left it with the impress of his industry and skill MoNDAY, MARCH 26, 1917. 85 upon every important measure which commanded his attention, as well as the absolute confidence of this body, and the warm attachment of all who admire honesty of purpose and sincere devotion to the obligations of duty. With a very high ideal of manhood, a steady and fixed purpose to make the world better by having lived in it, a model home with a loying, trusting companion always ready to bear his burdens and share h1s joys, four bright, dutiful children for whom his paternal devotion was as pure as that for . his wife and his God, standing on the very threshold of a most promising career, with the promise of the future, shining bright, beckoning him on to sti1l greater achievements, he was cut down in the very prime of .life. In early life he exercised living faith in God and His Son, Jesus Ohrist, and joined the Methodist Episcopal Church, South, in which he became an .active worker, especially in the Sunday School. Senator Ransom has left to his country, his chi-ldren and his wife, a legacy of far more value than houses and lands, stocks or bonds, to-wit: a good name.- We do not understand this dispensation of Providence. This very fact, however, strengthens our faith in his God, and the teaching.s of the Bible which he always kept in his room, and we meekly .abide the will of Him who doeth all things well. 86 JouRNAL OF THE SENATE, In conclusion of this brief memoir, Mr. President, the committee respectfully submits for adoption the following resolutions: Resolved first, by the Senate, that in the death of Senator Ransom of the 42nd Distrid, the Senate of Georgia has been deprived of the service of an honest, faithful member, and the State of G~orgia a loyal, patriotic son, devoted to its service and worthy of its honors. Resolved second, that a copy of this report be sent to the family of the deceased, to whom we beg to tender our most sincere sympathy and condolence, and pray the Great Lawmaker may counsel and keep them under the shadow of His wings. Resolved third, that as a mark of respect to his memory, the Senate take a recess 9f thirty minutes, during which time we respectful1y request the President of this body to preside and invite each member to express his thoughts on the life and death of this good man. J. R. McFARLAND, Chairman. The resolutions were adopted by a rising vote. Mr. McCrory submitted the following protest on behalf of himself and others, which was read and ordered spread upon the Journal, to-wit: Mr. President: WHEREAS: the following protest has been entered on the Journal of the Senate: MoNDAY, MARcH 26, 1917. 87 "Mr. President : I feel it my duty to enter a protest against the transaction of any business by the General Assembly at this Extraordinary Session. Whatever arbitrary right the Governor may have to convoke the General Assembly it has, in my judgment, been improvidently exercised, and a precedent has been set which, if followed, will lead to tyranny as well as unwarranted expenditures. I therefore request that this protest be entered upon the Journal. A. A. LAWRENCE, Senator from 1st District. z. v. PEACOCK, Senator from 14th District. RoscoE PICKETT, Senator from 41st District.'' Mr. President: We beg leave to protest against the statements ~~de in the foregoing protest, and we do not think the Governor, Hon. N. E. Harris, has exercised his right in an arbitrary manner in convoking the General Assembly, nor do we concur in the conclusion of the aoove named Senators that a precedent has been set that will lead to tyranny or unwarranted expenditures. 88 JouRNAL OF THE SENATE, We believe that in Governor N. E. Harris Georgia has an executive who is absolutely fearless in the discharge of his duty, and actuated at all times, and in every crisis, by the purest of motives for the general welfare and moral uplift of the people of Georgia. We believe that in him we have "Wisdom, Justice and Moderation'' personified. C. R. McCRORY, Senator from 13th District. c. c. MINTER, Senator from 24th District. H. A. BOYKIN' Senator from 17th District. M. A. BUCHANNON, Senator from 9th District. J. R. McFARLAND, Senator from 44th District. w. J. WREN, Senator from 18th District. w. J. CALLAHAN, Senator from 8th District. c. c. TRACY, Senator from 12th District. J. B. WAY, Senator from 2nd District. MARK TISON, Senator from lOth District. MoNDAY, MARCH 26, 1917. 89 TH9S. B. BoNNER, Senator from 31st District. A. s. J. STOVALL, Senator from 30th District. c. A. WARD, Senator froni 5th District. L. s. BAILEY, Senator from 32nd District. J NO. F. HoLDEN, Senator from 19th District. The following message was received from the House through Mr. Moore, the Clerk thereof: 111r. President : The House has concurred in the following resolution of the Senate, to-wit: A resolution endorsing the -city of Rome as the place for the location of the U.S. Armor Plate Plant. The House has also concurred in, as amended, the following resolution of the Senate, to-wit: A resolution expressing appreciation to the Honorable Wm. Howard Taft for the able and instructive address delivered March 23'rd, 1917, on the -Subject of the League to Enforce Peace. The following resolution of the House was read the third time, to be put upon its passage, to-wit: By Mr. Fullbright of Burk&- 90 JouRNAL.oF THE SENATE, A resolution to appropriate eighty thousand dollars to complete paying pensions for 19.17. 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 as fol!ows : _ Those voting in the affirmative were Messrs.- Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Goolsby, B. F. Haraison, Pat Harrison, W. T. Holden, Jno. F. l\-rinter, C. C. McCrory, C. R. :\-IcFarland, J. R. ~fcLaughlin, B. F. Paulk, M. J. Pickett,_ D. C. Smith, E. 1\'I. Stovall, A. S. J. Tison, Mark Tracy, 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-_ Eakes, W. J. ;"letcher, H. M. Gillis, N. L. Harbin, T. W. Lawrence, A. A. M'angham, J. J. Moon, E. T. Paulk, Geo. A. Peacock, Z. V. Pickett, Roscoe Thomas, J. R. Turner, T. R. Walker, J. D. Ayes, 26; nays, 0. The resolution having received the requisite constitutional majority was passed. The following House resolution was taken up for a third reading, to be put upon its passage, to-wit: MoNDAY, MARCH 26, 1917. 91 By Mr. Fullbright of Burke- . A resolution making an appropriation to pay incidental expenses of the extra session. The following amendment was read and adopted, to-wit: By Mr. Stovall- Amend by inserting a new paragraph to read as follows: ''And that the sum of one hundred dollars, or so much thereof as may be necessary, be and the same is hereby appropriated to defray the expenses of the House and Senate committees appointed to escort the remains of deceased Representative J. E. Dart to his home. 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 vote was as follows: Those voting in the affirmative were Messrs.- Bailey, L. S. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Fagan, T.V. Goolsby, B. F. Haralson. Pat Harrison, -w. T. Holden, Jno. F. Minter, C. C. McCrory, C. R. McFarland, J. R. McLaughlin, B. F. Paulk, M. J. Pickett, D C. Smith, E. M. Stovall, A. S. J. Tison, Mark Tracy, C. C. Trammell, J. R. Ward, C. A. Way, J. B. Wren, W. J. 92 JouRNAL OF THE SENATE, Those not voting were Messrs.- Adams, :f. 0. Akin, L. R. Carlton, :r. A. Eakes, W. :f. Fletcher, H. M. Gillis, N. L. Harbin, T. W. Lawrence, A. A. Mangham, :f. :r. Moon, E. T. Paulk, Geo. A. Peacock, Z. V. Pickett, Roscoe Thomas, :f. R. Turner, T. R. Walker, :f. D. Ayes, 26; nays, 0. The resolution having received the requisite constitutional majority was passed, as amended. The following Senate resolution was taken up for the purpose of acting on House amendments, towit: By Mr. Persons- A resolution expressing appreciation to Hon. Wm. H. Taft, for the able and instructive address delivered yesterday, on the subject of the League to Enforce Peace. The House amendments were as follows: Amend Senate resolution by striking the words "the General Assembly" in line one of the resolution and inserting in lieu thereof the words : ''the senate, the House concurring." Amend further by striking the word ''yesterday'' in line 4 of the resolution and inserting in lieu thereof the words "Friday, March 23rd, 1917. The amendments were concurred in. MoNDAY, MARCH 26, 1917. 93 The following joint resolution was read and a- . dopted, to-wit: By Mr. Harrison- A resolution providing for bringing up the unfinished business of the General Assembly. Upon motion of Mr. McLaughlin the Senate at 11:45 o'clock A.M., adjourned until tomorrow morning at 10 o'clock. TuEsDAY, MARCH 27, 1917. 95 SENATE CHAMBER, ATLANTA, GA., Tuesday, March 27, .1917. The Senate met pursuant to adjournment at 10 o'clock A. l\L, and was called to order by the President. Prayer 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 proceedings was dispensed with. Mr. Harbin of 43rd 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 fo1lowing resolution of the Senate, to-wit: A resolution providing for bringing up the unfinished business of the General Assembly. Respectfully submitted, - T. W. HARBIN, Acting Chairman. On motion of Mr. Boykin the Senate at 10 :10 o'clock A. M. adjourned until tomorrow morning at 10 o'dock. WEDNESDAY, MA:&CH 28, 1917. 97 SENATE CHAMBER, ATLANTA, GA., Wednesday, March 28, 1917. 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. The Journal of yesterday's session was read and confirmed. Upon motion of Mr: Boykin the Senate took a recess until3 o'clock P.M. The Senate reconvened at 3 o'clock P.M. and was called to order by the President. By .unanimous consent the call of the roll was dispensed with. Upon motion of Mr. Dobbs the Senate took a recess until4 o'clock P.M. The Senate reconvened at 4 o'clock P.M. and was called to order by the President. 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 98 JouRNAL OF THE SENATE, deliver to the Senate a communication in writing for which he respectfully asks consideration. The following message from His Excellency, the Governor, was read, to-wit: STATE OF GEORGIA, ExECUTIVE DEPARTMENT, Atlanta, March 28, 1917. To the Ge1~eral.Assembly: Inasmuch as the public prints of this State have seen fit to represent me as giving utterance to some disappointment over the striking out by the House of all reference to the Commissioner of .Prohibition in the pending measure, I have thought it not improper to lay before your body some reasons why I ha~ hoped you would finally conclude to continue this provision in any Act which you might pass. I trust you will acquit the Governor of any disposition to find fault with the action of your body while engaged in the consideration of a matter peculiarly within your discretion, or of trying in any way improperly to influence your judgment or embarrass your final conclusions. I shall accept whatever you do with the full assurance that you have acted with a due regard to your obligations toward those whom you represent in this Assembly. The bill which was presented to you in the opening of your deliberations was intended only as a guide in your action should you see fit to follow the lines WEDNESDAY, MARCH 28, 1917. 99 marked out and advised by the Governor m the message delivered to you. 1. It has been found that the surest way to secure the uniform enforcement of a law against the liquor traffic is to have some responsible head charged directly with looking after the matter. No one delights in prosecuting such cases, and oftentimes the violation of the law would go without investigation if it depended on individuals or even officials of the neighborhood. So in Alabama after they had tried the law for some time and repealed it and then repassed it, the Attorney General was charged with the business of enforcing it. In West Virginia the Tax Commissioner is required to look after this duty, while in Virginia a separate Commissioner at a high salary, with abundant help and large appropriations is appointed. I have heard from those States that the law in the main is working well, and is being enforced with uniformity and efficiency, especially in the two latter States mentioned. There is no confusion and no disturbance and the county officers are all glad to have the assistance of the State Commissioner at any time. 2. Where the law is left to be enforced by the county authorities alone there are certain to be irregularities in its administration. In some counties where the authorities are friendly the law will be strictly enforced, while_in others where the officers are unfriendly the contrary may result. To avoid this, and to secure the uniformity so much desired, a JOO JOURNAL OF THE SENATE, central head, advisory or otherwise, is not only convenient, but would seem to be almost necessary. The States which have failed most signally in the effort to enforce the law are those without a central head or bureau. The very nature of the work will convince - any honest mind of the truth of this contention. The disposition to violate the law is so widespread and depends so much not only on the character of the inhabitants of the particular locality, bu-t also on the environment and education, that some one charged with authority to gather the information necessary to make the law effective should be provided. Unless this is done, there will be one county which strictly complies with the law while another throws the doors open and disregards the statutes entirely. In this way the whole State suffers. If there is one place where the law is not enforced the success of the law will be put in jeopardy. It has seemed to me, therefore, iri studying the situation, comparing our own State with other southern States, the character of our population, the large number of colored people among us, and the danger that threatens on every hand on this account, that it would be better to have some responsible officer to consult, to advise, or even to get information. I believe the people of Georgia would prefer this course, and if you are willing to adopt it your work will be made more effective and your coming together will prove of such vast advantage to our State that it will not be -long before every one will accord to you the highest measure of VVEDNESDAY, ]{ARCH 28, 1917. 101 praise that a Legislator ever secures from the faithful discharge of duty, Respectfully submitted, N. E. HARRIS, Governor. This March 28th, 1917. The following message was received from the House through Mr. Moore, the Clerk thereof: Mr. President: The House has passed, by substitute, by the re- , quisite constitutional majority, the following bill of the Senate, to-wit: A bill to amend and supplement the prohibition laws of this State. The House has also adopted the following House resolution, to-wit: A resolution providing for adjournment, sine die at 5 o'clock P.M., March 28th, 1917. The following message was received from the House through Mr. Moore, the Clerk thereof: Mr. President: The House has concurred in the Senate amendment to the following resolution of the House, to-wit: A resolution making an appropriation to pay incidental expenses of the extra session. 102 JouRNAL OF THE SENATE, The House has also concurred in the following resolution of the Senate, to-wit: A resolution providing for -the bringing up of the unfinished business of the General Assembly. The following Senate biH was taken up for the purpose of acting on the substitute of the House, to-wit: By Messrs. Tison, Eakes, Walker, Persons and others- A bill to amend and supplement the prohibition laws of this State and for other purposes. The House substitute to the Senate bill was as follows, to-wit: A bill to be entitled an Act to amend and supplement the prohibition laws of this State; to make it un"' lawful to transport, ship or deliver in this State, whether from without or from within the State any spirituous, vinous, malt, or fermented liquors, or other intoxicating liquors or beverages, except alcohol and wine under certain restrictions and limitations; to make it unlawful to have, receive, possess or control any such liquors, except alcohol for medicinal, mechanical, and scientific purposes, and wine for sacramental purposes under conditions prescribed; to make it unlawful to distill, manufacture, or make any alcoholic, spirituous, vinous or malted liquors or intoxicating beverages in this State; to provide for the punishment of violators of the provisions of this Act; to provide for WEDNESDAY, MARCH 28, 1917. 103 the seizure, condemnation and sale of property used in violation of this Act, and for the disposi-. tion of the funds arising from such sale; to provide additional fees and costs in cases of conviction for violation of certain provisions of the prohibition laws of this State; to repeal the Acts approved November 18th, 1915, and of August 19th, 1916, and certain portions of the Act approved November 17th, 1915, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any common carrier, corporation, firm or individual to transport, ship, or carry, by any means whatsoever, with or without hire, or cause the same to be done, from any point without this State to anY, point within this State, or from pla~e to place to place whithin this State whether intended for personal use or otherwise, any spirituous, vinous, malted, fermented or intoxicating liquors, or any of the prohibited liquors or beverages, as are defined in the Act approved November 17, 1915, being "An Act to make clearer and more certain'' the prohibition laws of this State, etc., or any alcoholic compound or malt or liquors whether intended for beverage purposes or not, but which can be diluted arid when so diluted may be used as a beverage and will produce into~ication. It shall be unlawful for any corporation, firm, person or individual to receive from any common carrier, corporation, firm, person, or individual, or to have, c<:mtrol or possess, in this State, any of said enumei."- 104 JouRNAL oF THE SENATE, ated liquors or beverages whether intended for per.sonal use or otherwise, save as is hereinafter excepted. SEc. 2. Be it further enacted by the authority aforesaid, That nothing herein contained shall prohibit the use of pure alcohol for medicinal purposes as is prescribed in Sections 426, 427, 428, 429 and 430 of the Criminal Code of 1910, said alcohol, however, to be shipped, received and possessed only as is provided in Section 3 of this Act. SEc. 3. Be it further enacted by the authority aforesaid, That any common carrier may transport ship or carry from any point without this State to any point within this State, pure alcohol to be received only by any practicing physician who is the sole proprietor of a drug store, licensed druggists, pharmacists, manufacturers, charte'red colleges, chartered hospitals or State institutions, and to be used only for medicinal, mechanical and scientific purposes not contravening in any way the prohibition laws of this State, under the following conditions: Any practicing physician who is the sole proprietor of a drug store, licensed druggist, pharmacist, manufacturer, chartered college, chartered hospital or State institution, desiring to have shipped and to receive pure alcohol for said purposes within this State shall make sworn application to the Ordinary of the county of his residence for a. permit to receive said alcohol, upon the certificate of two responsible citizens of said county as to his good moral character, in the following form: VVEDNESDAY, ~ARCH 28, 1917. 105 GEORGIA, ____________________County: _________________ (naming applicant) applies for right to receive __________gallons of pure alcohol, which is to be used for the following scientific, mechanical or medicinal purposes only: ------------______________ (state purposes for which intended). The business or occupation of applicant is that of ------------------------------ (state business or occupation). (Narne of party making application.) Personally comes____________________, the above stated applicant, who 'being dulysworn says that the facts herein set forth are true. This the ________day of ________________ 19 ____ . Ordinary__________ County, Georgia. We, ____________________Citizens of_ __________ _ County, State of Georgia, do hereby certify that ___________________, the above named applicant, is personally known to us as a citizen of this county, and is of good moral character, and is engaged in the business or occupation named in the above stated application. This the________day of_ __________ , 19__ The above application is approved and granted by me on this the______day of_ ___________, 19__ Ordinary_______ County, Georgia. 106 JouRNAL OF THE SENATE, This application shall be presented in duplicate, the Ordinary to retain one in his office. When said application is presented to the Ordinary aforesaid he shall issue and approve the same, and when so issued and approved will authorize said applicant to present the sam~ to any common carrier, and will authorize said common carrier to deliver to said applicant and the said applicant to receive the quantity of pure alcohol therein specified. Said common carrier is hereby required to endorse -on the back of said application the date of deliv.ery and the quantity of alcohol so delivered on said application. Whereupon said application shall cease to be authority for the delivery or receiving of any further quantity of alcohol on said certificate and no other or further certificate shall be issued to said applicant until he shall have made a sworn statement to the Ordinary showing in what manner and for what purposes said alcohol has been used, and the names of parties to whom sold. If any person under the provisions of this section shall make a false statement of the. use made of said alcohol he shall, on conviction thereof, be punished as perscribed in Section 16 of this Act, and on conviction for the second offence be forever denied the right to receive any further shipments of alcohol. SEc. 4. Be it further enacted by the authority aforesaid, That no Ordinary within this State shall issue any such application or certificate as is in this Act prescribed to any corpor.ation, fir~ or individual when he knows, or has probable cause to suspect, VVEDNESDAY, }fARCH 28, 1917. 107 that the party aforesaid is not setting forth the truth in the same, and every Ordinary violating this provision shall upon conviction therefor be punished as prescribed in Section 16 of this Act. SEc. 5. Be it further enacted by the authority aforesaid, T)lat said Ordinary shall enter said application in a book to be provided by the counties of this State for that specific purpose, and for which service he shall receive a fee of fifty cents (50c) to be paid by the applicant. Said record shall always be open to public inspection, during office hours. SEc. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of saiq applicant to return said application after the same has been endorsed by said transportation company as is required by Section 3 of this Act, to the Ordinary issuing the same. SEc. 7. Be it further enacted by the authority aforesaid, That any applicant knowingly making a false oath to said application shall be guilty of the offense of false swearing and upon conviction therefor shall be punished as is prescribed in Section 262 of the Criminal Code of 1910. SEc. 8. Be it further enacted by the authority aforesaid, That any person knowingly and falsely signing the certificate of good character, as specified in Section 3 of this Act, shall upon conviction therefor be punished as is perscribed in Section 16 of this Act. 108 JouRNAL OF THE SENATE, SEC. 9. Be it further enacted by the authority aforesaid, That any applicant failing to return said application to the Ordinary issuing the same within five days from receipt of shipment made in accordance therewith, unless the same should be lost, de- stroyed or mislaid (to be shown by affidavit), as is provided in Section 6 of this Act, shall be denied all further applications, and upon conviction therefor shall be punished as is prescribed in Section 16 of this Act. SEc. 10. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person receiving alcohol under the provisions of this Act to use or pe~mit the use of any portion of said pure alcohol so received for any purposes other than those specified in said applicatian; and any corporation, firm or individual violating the provisions of this section shall upon conviction be punished as is prescribed in Section 16 of this Act, and shall forfeit his license to practice his profession or to do a like business within this State. SEc. 11. Be it further enacted by the authority aforeAaid, That any common carrier delivering any such alcohol to any corporation, firm or individual upon a false or forged application, knowing the oame to be such, or without such application having been made as herein provided and without the package being plainly marked showing its contents shall, upon conviction therefor, be punished as is prescribed in Section 16 of this Act. Any agent, or official, or employee of said corporation, firm or indi- WEDNESDAY, MARCH 28, 1917. 109 vidual who shall violate any of the provisions of this Act shall be subject to prosecution as a principal for said violation, and punished as is prescribed in Section 16 of this Act. SEc. 12. Be it further enacted by the authority aforesaid, That any person who shall forge, or use a forged application as herein prescribed, shall be guilty of a crime and upon conviction therefor shall be punished as is prescribed in Section 16 of this Act. SEc. 13. Be it further enacted by the authority aforesaid, That any common carrier may, with or without hire, transport, ship or carry from any point without this State to any point within this State wine which is to be used for sacramental purposes or in the observance of the Lord's supper only when the package is plainly marked and oranded showing the contents, the quantity and the purpose for which it is to be used, and under the following conditions: It shall be the duty of the ordained minister, priest in actual charge of a church or religious order, or head of the official board of any church or religious order who may desire a permit to have shipped, and to receive, such wine for sacramental purposes only, to apply to the Ordinary of the county in which the church oT religious order is located for permission to receive said wine, which said application shall be in the following form: GEORGIA, __________________County: T~ __________ (giving name and official connection) 110 JouRNAL oF THE SENATE, apply io~ the right to receive __________ (here state quantity) of wine which is to be used for sacramental purposes only in _______________________ (here give name of church). This the ________day of ______________19__ _ ______________________________ A p p l i c a n t . The above application is approved and granted by me this the________day of____________l9___ _ ____________________________ O r d i n a r y . This application shall be made in triplicate and the Ordinary shall retain in his office one of said applications; that one of said applications shall be forwarded with the order for such wines and it shall be the duty of the party shipping said wine at the time of presenting the same for shipment to present said application to the common carrier, who shall transmit said application with the shipment of such wines. Upon said application being presented to the Orclinary aforesaid the same shall be issued and approved by him, for which he shall receive the sum of twenty-five cents (25c), to be paid by the applicant, and when so issued and approved, the same may be presented to any common carrier, and will authorize said common carrier to deliver, and said applicant to receive, the stated quantity of wine for the purposes therein specified. Said common carrier is hereby required to endorse on the back of said application the date of delivery and quantity o..f wine so delivered on said application, and no further deliveries shall be made on VVEDNESDAY, ~ARCH 28, 1917. 111 said application. It shall be the duty of the Ordinary to record said application as is required by Section 5 of this Act, and it shall be the duty of said applicant to return said application to said Ordinary as required by Section 6 of this Act. Upon failure of said applicant to return said application to the Ordinary, as so required in this Act, he shall, upon conviction therefor, be punished as is prescribed in Section 16 of this Act. SEc. 14. Be it further enacted by the author~ty aforesaid, That said wines when so received shall be retained in the custody and possession of the said applicant save when the said wines are being administered in said sacramental service. Only one such application shall be made and allowed per each calendar month to each church or congregation, and the amount so obtained thereon shall not exceed that required for said sacramental purposes. SEc. 15. Be it further enacted by the authority aforesaid, That no person shall be exempt from testifying as to any offense committed by another under the terms of this Act by reason of his testim!Jny tending to criminate himself, but the testimony. given by such person shall in no case be used against him~ SEc. 16. Be it further enacted by the authority aforesaid, That the punishment for any violation of any of the provisions of this Act'wherein a different punishment-is not prescribed, shall be as for a misdemeanor as provided in Section 1065 of the Penal Code of 1910. 112 JouRNAL OF THE SENATE, SEc. 17. Be it further enacted by the authority aforesaid, That upon the trial of any carrier, pub.lic or private, his, her or its agent, charged with transporting, or delivering, or transporting and deliver- ing liquors ill violation of law, proof of the fact of the transportation or delivery, or both as the case may be, shall be sufficient to make a prima facie case of guilt. SEc. 18. Be it further enacted by the authority aforesaid, That the Act approved November 18, 1915, and known as the non-shipping law, found on pages 90 et seq. of the Acts of 1915, extraordinary session, be and the same is expressly repealed, provided that this shall not be construed to affect either directly or indirectly nor save from prosecution for offenses committed heretofore under that Act. The latter part of Section 2 of the Act approved November 17, 1915, extraordinary session, found on page 80, and reading as follows: "But this inhibition does not include and nothing in this Act shall affect, the social serving of such liquors and beverages in private residences in ordinary social intercourse,'' is e;xpressly repealed. The Act approved August 19, 1916, found on pages 72 et seq. of said Acts of 1916, regulating the importation of alcohol, is also expressly repealed. SEc. 19. Be it further enacted by the authority aforesaid, That nothing contained in this Act shall affect or limit the shipping or receiving of denatured alcohol which cannot be used for beverage purposes, WEDNESDAY, MARCH 28, 1917. 113 and which can be used only for scientific or mechanical purposes. SEc. 20. Be it further enacted by the authority aforesaid, That all apparatus or appliances which are used for the purpose of distilling or manufacturing any of the liquors or beverages specified in this Act are hereby declared to be contraband and no corporation, firm or individual shall have any property right in or to the same and whenever said ap-. paratus or appliances so used or are about to be used for the purpose of manufacturing, using, holding or containing any of the liquors or beverages specified in this Act are found or discovered by any sheriff, deputy sheriff or other executing officer Of this State, the saine shall be summarily destroyed and rendered useless by him without any formal order of the court. All vehicles and conveyances of every kind and description which are used on any of the public roads or private ways of this State, and all boats and vessels of every kind and description which are used in any of -the waters of this State in conveying any liquors or beverages, the sale or possession of which is prohibited by law, shall be seized by any sheriff or other arresting officer who shall report the same to the solicitor of the county, city or superior court having jurisdiction in the county where the seizure was made, whose duty it shall be, within ten days from the time he received said notice, to institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner or lessee if known, and if the owner or lessee is unknown 114 JouRNAL OF THE SENATE, not:lce of such proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. If no defense is filed within thirty days frQm the filing of the petition, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. Should it appear upon the trial of the case that said vehicle, conveyance, boat or vessel was so used with the knowledge of the owner or lessee the same shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from said sale shall be applied as follows: a. . To the payment of the expenses in said cause including the expenses ip.curred in the seizure. b. One-third of the remainder to the officer making the seizure and furnishing the proof. c. To the payment of the costs of the court, which shall be the same as now allowed _by law in cases of forfeiture of recognizance. d. The remainder, if any, shall be paid into the county treasury to be held as a separate fund to be paid out under order of the court as insolvent costs in other cases arising from the violation of any of the provisions of this Act: Provided, that in any county of this State in which any of the officers -;>f either the county, city or superior courts are now on a salary, or hereafter placed on a salary, such remainder of the funds applicable to the payment of insolvent costs of such officer or officers shall be re- WEDNESDAY, MARCH 28, 1917. 115 tained in the general fund of and become the prop.erty of such county. SEc. 21. Be it further enacted by the authority aforesaid,. That whenever any person is arrest~d and convicted for the offense of using any of the apparatus or appliances referred to in the preceding section in the distilling or manufacturing of any of the liquors or beverages specified in this Act, there shall be taxed in addition to the costs already provided by law and as a part of the costs in such.case the sum of $25.00, which sum shall be paid over to the officer making said arrest and procuring the evidence resulting in conviction of said accused. SEc. 22. Be it further enacted by the authority aforesaid, That it shall be unlawful for any corporation, firm or individual in this State ~to knowingly permit or allow any one to have or possess or locate on his premises any apparatus for the distilling or manufacturing of the liquors and beverages specified in this Act. When any such apparatus is found or discovered upon said premises the same shall be prima facie evidence that the person in actual possession had knowledge of the existence of the same, and on conviction therefor, shall be punished as prescribed in Section 16 of this Aet, the burden of proof in all cases being upon the person in actual possession to show _the want of knowledge of the existence of such apparatus on his premises. SEc. 23. .Be it further enacted by the authority aforesaid, That any person~ firm or corporation who 116 JOUR1o.AL UF THE ~!<:NAT~;, shall, within this State, distill, manufacture or make any alcoholic, spirituous, vinous, malted or mixed liquors or beverages, any part of which is alcoholic, shall be guilty of a felony and upon conviction therefor be punished by confinement and labor in the penitentiary for not less than one year nor longer than five years. SEc. 24. 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. Mr. McCrory moved to concur in the substitute of the House. 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. Bonner, T. B. Boykin, H. A. Buchanan, W. A. Burnside, J. B. Callahan, J. W. Dobbs, E. P. Eakes, W. J. Fagan, T.V. Fletcher, H. :M:. Gillis, N. L. Goolsby, B. F. :::raralson, Pat Harbin, T. W. Harrison, W. T. Holden, Jno. F. Mangham, J. J. Minter, C. C. Moon, E. T. c: McCrory, R. McFarland, J. R. McLaughlin, B. F. Paulk, Geo. A. Pickett, D. C. Smith, E. l\L Stovall, A. S. J. Tison, Mark Tracy, C. C. Trammell, J. R. Turner, T. R. Ward, C. A. Way, J. B. Those voting m the negative were Messrs.- Pickett, Roscoe Those not voting were Messrs.- Bailey, L. S. Carlton, J. A. Lawrence, A. A. Paulk, M. J. Peacock, Z. V. Thomas, .J. R. Walker, J. D. Wren, W. J. Ay-es, 3'4 ; nays, 1. WEDNESDAY, MARCH 28, 1917. 117 The substitute was concurred in. The following message was received from the House through Mr. Moore, the Clerk thereof: Mr. President: The House adopted the following resolution, to- wit: A resolution providing for the payment of the per diem and mileage of the late Honorable Jacob E. Dart, of Glynn County to the Ordinary of Glynn County. The following resolution of the House was taken up and concurred in, to-wit: By Mr. Blackburn of FultonA resolution providing for the payment of the per diem and mileage of the late Honorable Jacob E. Dart, of Glynn County, to the Ordinary of Glynn County. The following resolution was read and adopted, to-wit: By Mr. McCrory- A resolution providing for the appointment of a joint committee of two from the Senate and three from the House of Representatives, to wait upon His Excellency, the Governor, and inform him that the General Assembly has finished all business before it and is ready to adjourn sine die. The President appointed the following' as members of said committee on part of the Senate, to-wit: 118 JouRNAL OF THE SENATE, Messrs. McCrory and Way. The following message was received in the House through Mr. Moore, the Clerk thereof: Mr. President: The House has concurred in the following reso- lution of the Senate, to-wit: A resolution t9 appoint a committee of the Senate and House to notify the Governor that the extraordinary session of the General Assembly has finished its labors and is now .ready to adjourn sine die. The Speaker has appointed the following members as the committee on the part of the House: Messrs. Parker of Ware, Hopkins of Thomas, Dorris of Crisp. The following resolution of the House was taken - up and concurred in, to-wit: By Mr. Blackburn of Fulton- A resolution providing that the General Assembly adjourn sine die at 5 o'clock P.M., March 28th, 1917. Mr. Harrison of 25th District, Chairman of the Engrossing Committee, submitted the following report~ Mr. President: Your Committee on Engrossing has examined ang found properly engrossed the following bill of the Senate, which was passed by the House, by substitute, and which substitute was concurred in by the Senate, to-wit: VVEDNESDAY, ~ARCH 28, 1917. 119 A bill to amend and supplement the prohibition laws of this State, and for other purposes. Respectfully submitted, VVM. T. HARRISON~ Chairman. ~r. 1;3oykin of 17th District, Chairman of the Committee on Enrollment, submitted the following report: Mr. President: Your Committee on Enrollment report as duly enrolled and ready for the signature of the President of the Senate, ap.d Speaker of the House of Representatives, the following Act and resolution, towit: A bill to amend and supplement the prohibition laws of this State and for other purposes. A resolution providing for the bringing up of the unfinished business of the General Assembly. Respectfully submitted, H. A. BoYKIN, Chairman. ~r. Boykin of 17th District, Chairman of the Cormittee on Enrollment, submitted the following report: Mr. President: Your Committee on Enrollment report as duly signed by the President of the Senate and Speaker 120 JouRNAL oF THE SENATE, of the House of Representatives, and delivered to the Governor, the following Act and resolution: An Act to amend and supplement the prohibition laws of this State and for other purposes. A resolution providing for the bringing up of the unfinished business of the General Assembly. Respectfully submitted, H. A. BoYKIN, Chairman. Mr. Boykin of 17th District, Chairman of the Committee on Enrollment submitted the following report: Mr. Presifl.ent: Your Committee on Enrollment report as duly enrolled and ready for the signature of the Presiddent of the Senate and Speaker of the House, the following resolutions, to-wit: A resolution expressing appreciation to Hon. Wm. H. Taft, for the able and instructive address delivered on March 23, 1917, on the subject of the League to Enforce Peace. A resolution endorsing the city of Rome as the place for the location of the U. S. Armor Plate Plant. Respectfully submitted, H. A. BOYKIN, Chairman. Mr. Boykin of 17th District, Chairman of the Committee on Enrollment, submitted the following report: VVEDNESDAY, ~ARCH 28, 1917. 121 Mr. President: Your Committee on Enrollment report as duly signed by the President of the Senate, and Speaker of the House and delivered to the G9verno.r, the following resolutions, to-wit: A resolution expressing appreciation to Hon. VVm. H. Taft for the able and instructive address delivered on ~arch 23rd, 1917, on the subject of the League to Enforce Peace. A resolution endorsing the City of Rome, as the. place for the location of the. U. S. Armor Plate Plant. Respectfully submitted, H. A~ BoYKIN, Chairman.. .Upon motion of ~r. Stovall the Senate reconsidered its action in adopting the resolution of the House that ..the General Assembly adjourn sine die at 5 o'clock P. ~., and the Secretary was instructed to notify the House of this action. The hour of 5 o'clock P. ~., having arrived the President declared the Senate adjourned sine die. . INDEX TO THE SENATE JOURNAL EXTRAORDINARY SESSION AT ATLANTA, TUESDAY MARCH 20, 1917 PART I. SENATE BILLS ADDRESsMessage of Governor 15 16 ADJOURNniEKT, SINE DIE . . . . . . . . . . . . . . . . . . . . . . . . . 121 APPOINTMENT- Of additional member of Temperance Committee.. . . . . . 12 COMMITTEES, SPECIAL, APPOINTMENT OF- To wait upon the Governor . . . . . . . . . . . . . . . . . . . . . . . . . To draft resolutions upon life of late Senator W. M. Ransom .........' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To accompany remains of Hon. ,J. E. Dart, 9 117 12 80 INVITATION- From Atlanta Chamber of Commerce . . . . . . . . . . . . . . . 39 JOINT SESSION 15 )JESSAGE, EXECUTIVE ............................. . 15 97 )fESSAGEE>~ HOUSE ............. 9 10 14 41 61 89 101 117 118 PROCLA~IATION- Of Governor, convening General Assembly............ 5 PROHIBITION- A bill to amend and supplement the prohibition laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 38 42 62 102 PROTEST- Of Hon. A. A. Lawrence and others . . . . . . . . . . . . . . . . . 73 Of Hon. C. R. McCrory and others . . . . . . . . . . . . . . . . . . . 86 INDEX 125 REPORTS OF SPECIAL COMMITTEEs- To notify the Governor that General Assembly has con- ,ened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 To prepare resolutions upon the life and character of late Senator W. :M. Ransom . . . . . . . . . . . . . . . . . . . . . . . R2 REPORTS OF 8TANDING COMMITTEES- Appropriations . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 73 77 Engrossing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 82 95 118 Enrollment . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 119 120 Temperance 37 41 TEM1PERANCE LAWS (See Prohibition). PART II. SENATE RESOLUTIONs- To instruct Secretary to notify House that Senate has convened ....................................... . To appoint a joint committee to notify the Governor .. . To invite members elect of Gem;ral Assembly to seats on the floor ....................................... . 'l.'o provide for adjournment, sine die, of General Assem bly ............................................ . To provide for joint session of General Assembly .... . 'l'o appoint committee to draft resolutions upon the life of the late 8enator W. M. Ransom . . . . . . . ...... . 'l'o condemn the action of certain U. S. 8enators, and af- firming our faith in President Woodrow Wilson .... . 'l'o amend the rule as to hour of adjournment ........ . 'l'o invite Hon. Chas. L. Swain, of Ohio, to seat upon the floor ......................... ... 'l'o express appreciation of the address of Hon. William H. 'l'aft upon the principles of the ''League to Enforce Peace'' .................................. . 9 9 11 11 11 15 ]2 14 74 14 35 78 92 126 INDEX To urge the location of the U.,S. Armor Plate Plant at Rome, Ga. . .......................... :. . . . . . . . . . 78 To express regret of the death of Hon. J. E. Dart, mem- ber of House from Glynn County . . . . . . . . . . . . . . . . . . 79 To provide for bringing up unfinished business . . . . . . . . !)3 To appoint committee to wait upon Governor and inform him that General Assembly is ready to adjourn, sine die . . . . . . . . . . . . . . . . . . . . . ... . . ... . . . . . . . . . . . . . . . . . 117 PART III. HOUSE RESOLUTIONS:_ To notify Governor that General Assembly will be pleased to hear his address ........ .". . . . . . . . . . . . . . To provide for completion of paying pensions for 1917 ......................................... 61 To make appropriations to pay incidental expens"es__ . 74 To provide for payment of per diem and mileage of late Hon. J. E. Dart, of Glynn County . . . . . . . . . . . . . . . . To provide for adjournment, sine die . . . . . . . . . . . . . . . . 15 78 89 78 90 117 118