JOURNAL OF THE House of Representatives OF THE STA1~E OF GEORGIA AT THE REGULAR SESSION OF THE GENERAL ASSEMBLY At Atlanta, Wednesday October 25, 1899 ATLANTA, GEOR&IA GEO. W. HARRISON, STATE PRINTER (Franklin Printing and Publi>hlng House) 1899 JOURNAL. Atlanta, Georgia, Wednesday, October 25, 1899. In pursuance to the provisions of the Constitution o the State of Georgia, the members o the House o Representatives convened in the State Capitol, at 10 o'clock a. m. this day, was called to order by the Speaker, Hon. John D. Little, o Muscogee county, and opened with prayer by the Chaplain, Rev. C. R. Wright. Upon a call of the roll it was found that a quorum wa;; present, the following members answering to their names: Those present were Messrs.- Adams, Bowen, Adamson, Bower, Allen, Brandon, Anderson, Brown of Bryan, Arnold, Bryan, Barron, Bynum, Bass, Calvin, Bennett of Mitchell, Carter, Bennett of Pierce, Castleberry, Beauchamp, Chappell, Bell of Forsyth, Cook, Bell of Spalding, Copeland, Black of Dawson, Crossland, Black of Whitfield, Darnell, Blalock, Denny, Bond, Dews, Dickey, Drawdy, Duncan, Ellis, Emanuel, Esterlin, Everett of Stewart, Farmer, Felker, Fender, Freeman, :Franklin, Ford, Fort, Gay, George, 4 JouRNAL oF THE HousE. Gresham, Lee, Rogers, Greene, Longino, Rose, Griffin of Greene, Martin, Rudicil, Griffin of Twiggs, Mayson, Simpson, Griffith, Maxwell, Singletary, Hammett, Merritt, Slaton, Hardin of Wilkes, Mitchell, Sloan, Hardwick, Moore, Smith of Hall, Harrison, Morris, Smith of Hancock, Harris, Mullens, Snell, Harrell, McCants, Spinks, Harvard, McCranie, Speer, Hathcock, McDonald, Starr, Hendricks, McDonough, Stubbs, Henderson of Washt'nMcElreath, Sturgis, Herring, McFarland, Stewart, Hill, McGehee, Stone, Howard, McLaughlin, Swift, Hopkins, McLennan, Tatum, Holder, McMillan, Taylor, Hosch, McU,ae, Tisinger, Hutchins, Newton, Timmerman, Jarnagin, Ogletree, Tracy, Johnson of Appling, Ousley, Turner of Henry, Johnson of Baker, Overstreet, Turner of Rockdale, Johnson of Bartow, Pace of Newton, Upchurch, Johnson of Floyd, Padgett, Walker of Crawford, Johnson of Lee, Pate of Gwinnett, 'Valker of Union, Jones of Burke, Park of Greene, 'Vatkins, Jordan of Jasper, Park of Troup, \Vhiteley, Jordan of Pulaski, Post, Williams, Knowles, Price, Willingham, Lane of Bibb, Rawls of Effingham, Wood, Lane of Early, Rawls of 'Vilkinson, Woodal, Lane of Sumter, Reid, Wooten, Laing, Reynolds, Yates, LaRoche, Richardson, Mr. Speaker. Latimer, Those absent were :Me~srs.- Brown of Carroll, Bush, David, Everett of Polk, Hall, Hammond, Hamby, Hardin of Libetry, Henderson of Irwin. WEDNESDAY, OcTOBER 25, 1899. 5 The following message was received from the Senate, through Mr. N orthen, the Secretary thereof: Jl!r. Speaker: I am instructed by the Senate to inform this branch oi the General Assembly that the Senate has reconvened, according to law, and is now ready to proceed with the regular business of the session. The Hon. James F. West, of "\\.,.hite county, memberelect to fill the vacancy caused by the death of the HolJ. T. W . ..Fain; Hon. G. H. Williams, member-elect from Emanuel, to fill the vacancy caused by the death o the Ron. G. I. Barwick; Hon. H. H. Carlton, member-elect from Clarke, to fill the vacancy caused by the death o the Hon. Alex. S. Irwin, Jr., and the Ron. E. Tanner, memberelect from the county of Coffee, came forward and were sworn in as members of the House o Representatives, by the Hon. W. A. I..ittle, Associate Justice of the Supreme Court. The follO"Iving message was received from the Senate though Mr. N orthen, the Secretary thereof: Mr. Speaker: The Senate has agreed to the following resolution: Resolved, That the House concurring, a committee of three from the Senate and five from the House, be appointed to notify the Governor that the General Assembly has reconvened, and is ready to receive any communication he may desire to make. 6 JouRNAL OF THE HousE. Committee on part of Senate are Messrs. Dickerson, Steed and Heard. On motion of :Mr. Slaton, of Fulton, the Senate resolutiQn, providing for a committee of three from the Senate and five from the House, to wait upon the Governor and notify him that the General Assembly had reconvened anport in his effort to protect life and property and restore the supremacy of the law. As further assurance they issued and had printed a circular addressed to their race in which they took bold ground in favor of the supremacy of the law, and were largely instrumental in restoring order and in inducing members of their own race implicated in the riots to surrender themselves into the hands of the officers of the law. These are healthy signs and go to show that i there is any solution of the race problem it must and can be found by the intelligent Southern white man and the intelligent Southern negro, and not by nonresident agitators who are in truth the enemies of both races. To prevent mob violence and bring offenders to trial before the lawfully constituted tribunals, I have brought to bear all of the powers of the Executive Department. In my efforts to re-enthrone the law and restore the supremacy of the civil tribunals I have been ably and faithfully seconded by the prosecuting officers and judges throughout the State, and in a number of cases men threatened by the mob have been rescued by the military and brought to trial in the .tribunals established by law. Some of these men have been found guilty and punished according to law, but others have, after fair trials, been found not guilty of the crimes charged and released, thus demonstrating the danger of lynch law and the fairness and impartiality of our courts ~md juries. 14 JouRNAL oF THE HousE. While I have felt it my duty to call into requisitil?n portions of the military of the State to aid the civil authorities in protecting life and property, and in enforcing the law more frequently than has been necessary in the past, I hav~ resorted to this extreme measure only when circumstances imperatively demanded it, and I have often refused when called upon by sheriffs and other officers for military aid, to comply with their urgent requests, because the sheriffs are the conservators of the peace in their respective counties, clothed with ample power by the law to summon every able-bodied man in their counties to aid them in preserving the peace and upholding the law. It is gratifying to be able to say the sheriffs in most of the counties in which disturbances have occurred have performed their duties faithfully, but there are a few exceptions to this rule, and a few instances in which these officers have made no sufficient effort to do their duty through the posse provided by law, and there is one instance in which the military when they reached the scene of disturbance found the jail with the prisoners in it, in the actual possession of the negro mob, the sheriff having surrendered it to them. OFFICIAL REPORTS. The reports of the heads of the several departments of the State government herewith submitted are so full, so cleaJ," and so complete, that it is unnecessary for me to do more than to call attention to them. Those of the Comptroller-General, the Treasurer, the State School Commissioner and the Commissioner of Agri- WEDNESDAY, OCTOBER 25, 1899. 15 culture are all thoroughly exhaustive and bear evidence of the painstaking care o these excellent officers as well in their preparation as in the administration o their offices. The reports o all the other officers o the executive department, while not so voluminous, are equally interesting and will amply repay careful perusal. That o the Commissioner of Pensions is, while brief, of special interest as well to the taxpayers as to the pensioners. It is the most complete report o this department ever published, giving a correct and clear insight into the operations o this important and rapidly growing branch o the executive office. The amount o the public money disbursed through it has increased rom year to year until rom $185,000 in 1890 it has grown to $678,000 in 1899. The number o pensioners has grown in seven years rom 7,290 in 1893 to 11,125 in 1899. There is on the roll one pensioner to every 165 inhabitants o the en~ire State. In Fulton county there is one pensioner to every 137 inhabitants, in Bibb one to every 199, in Banks one to every 54, in Cobb one to every 97, in Gwinnett one to every 93, in Walton one to every 83, in Forsyth one to every 95, in Chatham one to every 836, in Effingham one to every 700, in Richmond one to every 239. Banks has the largest pension roll o any county in the State, according to population, and McIntosh the smallest. I divided equally between all o the taxpayers in the State, each would pay $1.78 annually a.r pensions. The tsix counties receiving the largest am01mts in pensions are Fulton, Carroll, Cobb, Gwinnett, Bibb, and Walton; the six receiving the smallest, Camden, Charlton, Mcintosh, Effingham and Echols. 16 JOURNAL OF THE HOUSE. The number of widows on the roll is growing gradm l smaller year by year, but the number of invalids (soldi wounded in battle) is slightly on the increase, while thP the indigent increases annually at the rate of 25 per r t. If this rate of increase continues for the next five yer , ..tS is entirely probable, more than a half million doll& :; per annum will be required to pay this class of pensioners alone. This is a burthen, however, which the State can not and the people do not desire to evade. The gallant m.11 of '61 to '65, who by reason of poverty and decrepitudr are unable to support themselves, are entitled to the State"s bounty and will continue to receive it. The Prison Commission being required by law to report, not to the Governor, but directly to the Legislature, I have not seen a copy of their annual report. It will doubtless be laid on your desks at an early date, and should receive your careful consideration, because it will be the first annual report published since the inauguration of the new prison s_ystem. That it is an improvement on ;,."lY former system I have no doubt, but it may be that its actual workings have developed defects in the law, which will call for amendment-indeed it would be remarkable if this were not the case, for it rarely ever occurs that a new law is a perfect law. Almost all laws have to be perfected by amendment. Of one provision of this law, however, I am prepared to speak, that one which makes the prison commission a Board of Pardons. It has fully met the expectations of the friends of the measure, and it has afforded great relief to the executive office. Without advisory power lodged some- WEDNESDAY, OCTOBER 25, 1899. 17 ~here, it would be no longer possible or the Governor, 'Jtth our large number o convicts and the constantly in. ;:iasing number o applications or executive clemency, to , 1!- that careur and prompt consideration to them that j-1 "~ce to the applicants and the importance o the subject dtt':fnds; but after the Board o Pardons has gone careu1l;fover a case and made a brie o what is in it, and sent it With their recommendation to the Governor, his labor is greatly lightened and he can quickly reach a conclusion and take su<-n action as the acts warrant. ' RAILROAD COMMISSION. The rep,?rt o the Railroad Commission is o spe<'ial in- terest. North. Thus we have ample faeilities for the ednc.ttion WEDNESDAY, OcTOBER 25, 1899. 27 <>f all who desire it in the higher branches without burthening the State, and without discrimination against anybody. It is true that the State appropriates annually to the U niversity at Athens eight thousand dollars, but she at tho same time appropriates to the school at Savannah for her -colored people the same amount. The appropriation t'> the University is a debt-that to the sa.;annah schoo1 a dc.nation. Thus both races are provided for equally from the State treasury; but the schools for the higher educatirm of the negroes supported by churches and other organizations are richer than those for the higher education of the -.vhites. The Yalue of the property of the negro schoot; it. the city of Atlanta alone, it is said, is greater than ul: tl!c w1dowments of all the schools and colleges in the State ior tl1e education of the whites. It may not be amiss in this connection to call attention t<. tlH:: f&.ct that no State in the Union, perhaps, has imposed upon its taxpayers heavier burthens for the support of free lS<'l:ocjs than has Georgia. Some of them pay more P'~t -capitft of school population, but they are rich, densely popl.dattd States, which were not impoverished by the civil war. We have a school revenue derived from other sources, th;m direct taxation, of about six hundred and forty thonsaiHl tldlars, exclusive of about one hundred thousand dolv Jar;; hire of convicts, which will probably be thus appliei. In addition to this we levy for the support of free schools a direct tax on all the property of the State, the home of the poorest mechanic and widow and the little farm of the . . poorest farmer, of two and one-tenth mills, whereas only 28 JOURNAL OF THE HOUSE. five other States in the Union levy for this purpose mor& than o~e mill, and of this five only two levy as much as Georgia does. I by education in the text-books taught in the schools crime was diminished, as many of us at one time hoped would be the case, there might be some reason for imposing even heavier taxes upon our people for the support of schools. But this is not true, for it is a startling fact, established by the experiel).ces of thirty years, that while under our system of free schools illiteracy has rapidly decreased, especially among our colored population, crime has much more rapidly increased among them, and with the increas& of crime the expenses of administering the criminal law have increased in the same ratio. All of these expenses have to come out of the tax-payers, not out of the men whocommit the crimes. It is estimated that the expense of administering the criminal law in Georgia is six hundred thousand dollars per annum; the records of the courts show that eighty-five per cent of this expense is chargeable tonegro criminals. Thus we have a burthen on the shoulders. of the taxpayers of five hundred thousand dollars incurred ip. protecting innocent negroes and in punishing guilty ones. Add to this the money expended in the education of the children of the race, and that necessarily expended when the militia have to be called into service to protect them from the mob, infuriated by crimes committed by them, and we have a sum expended on account of the negroalone equal to the total expenditures of the State for all purposes in 1860. And yet the total taxable values in th& WEDNESDAY, OCTOBER 25, 1899. 29 State in 1860 were nearly twice what they are now. In <>ther words the negro costs the taxpayers now as much as both races cost them in 1860. Still, notwithstanding all this, it is our duty to provide for the children of the race that education contemplated in the Constitution, to protect the law-abiding in all his rights of person and property, and tQ punish those guilty <>f crime, not by the mob, but through the instrumentalities provided by law, however heavy the burthen thus imposed upon us. The best interests of both races, as well as the dictates of justice and humanity, demand this much but no more. In view of all these facts and the additional facts, equally well established, that ninety per cent. of the crimes committed by .negroes are committed by those who have had the opportunities of free schools, and only ten per cent. by the ex-slaves who are illiterate; while ninety per cent. of the property acquired by the race since emancipation iS in the hands of the illiterate ex-slaves and not in the hands of thoEe educated in the free schools, it seems to me that justice to the tax-payers of the State demands that we adhere more closely to the limitations prescribed in the Constitution a~d confine our public schools to "the elementary branches of an English education only," leaving to the ehurches and to private enterprise and to local taxation, the support of schools for higher education. TAX REFORM:. There has been complaint for many years that under our system of taxation much property has escaped the hand of 30 JouRNAL OF THE HousE. the tax-gatherer, and that great inequalities have existelL in the valuation of property returned for taxation. , To meet the demand for reform and the equalization of the burthens of taxation a joint commission was appointed at your last session to sit during the rece3s and prepare and report some measure for consideration at the beginning of your present session.. This commission has been laboriously at work mueh of the time during the summer and fall, in the discharge of the duty assigned them, and will doubtless report for your early consideration a measure intended to meet the popular demand. I cannot too earnestly impress upon you the importance of this subject. There are great inequalities which should be corrected. Property in one county equally valuable as similar property in another is often returned in one at half the value put upon it in the other. This is especially true of farming lands. Even in the sam:.: county one farmer returns his lands at their real value while his neighbor broadside of him, in order to avoid the tribute he owes his State and county, returns his at only half or even less than half what they would bring under the hammer. The same disparity exists in the valuation of other property, while some species of taxable wealth entirely escape taxation because of the facility with which it can be hidden. Bonds, stocks, notes and other evidences of debt often escape in this way while merchandise is frequently greatly undervalued. From these causes, real estate, which is visible and cannot be hidden, is made to bear more than its :;:hare of the bnrthens of government. While I ha,e no great faith in the ability of any General WEDNESDAY, OCTOBER 25, 1899. 31 Assembly to frame a law which can be made to reach all the invisible property of the unscrupulous tax-payer, who hides his money and his evidences of indebtedness, I do believe a law can be framed that will compel him to pa;: taxes on his visible, tangible property at a fair valuation, and thus equalize the burthens between him and his more conscientious neighbor who now bears more than his share. For many years we have endeavored to keep down the taxrate bv finding new objects of taxation, and by reaching invisible property which has escaped, but we have met with but indifferent success. We have suc~eeded in taxing the plow of the farmer and the sewing-machine of the widow., but the bonds of the miser have escaped, and the higher the rate of taxation the greater has been the incentive to him to hide his property from the tax-gatherer. But we should not be discouraged. While we may not be able to reach all the property in the State for purposes of taxation, we can equalize the burthen on that which we can reach and thus greatly improve existing conditions. I refrain from making any specific recommendations on this subject because I have no doubt the commission into whose hands you gave the matter will do so, and that you will, with their report as a basis, be able to enact a law that will measurably at least remedy the defects in the present system. BALLOT REFORM. The experiences of more than thirty years have demonstrated the dangers of an unrestricted ballot. The only safety for a republic is in the virtue and intelligence o 32 JouRNAL oF THE Ho-usE. those endowed with the elective franchise. In a State in which there is a large, ignorant, unpatriotic or purchasable vote, often the rich and unscrupulous candidate triumphs Qver his poor and honest c0mpetitor. Good and capable men too often shrink from politics because they cannot without loss of self-respect resort to the means necessary to secure success. Thus the standard of political moral~ and of official ability and integrity is lowered and the people lose respect for and confidence in their public servants; the word politician becomes a term of reproach, and politics is regarded as a synonym for trickery and dishonesty. When they have lost respect for those who make the laws the people lose respect for the laws. I.awlessness and crime abound, respect for the courts and juries is lost, a turbulent and irresponsible rabble sits in judgment on criminals, often involving the innocent with the guilty; the judges are dened, the majesty of the law is insulted and the mob usurps the prerogative of the executioner. To these causes I believe much of the constantly increasing lawlessness and -crime and mob violence that has disgraced our State in the recent past may be traced. For thirty years we, impoverished by one of the most devastating wars that has blighted the earth in two thousand years, have taxed ourselves heavily to support free schools in which to educate all of our people, and thus bring up to the standard of intelligence and good citizenship the irresponsible class of voters in our midst, but costly as the experiment has been it has failed. The irresponsible, venal vote has increased more rapidly than illiteracy has decreased. We must therefore try an~ <>ther remedy. This dangerous element must be eliminated WEDNESDAY, OCTOBER 25, 1899. 33 from our elections; the safety of the State demands it; and the quickest and surest and safest way is to amend the Constitution, as some of our sister States have done, so as to restrict the ballot. None but the honest and virtuous and intelligent should be entrusted with this dangerous weapon. Let virtue and intelligence and integrity be the sole test. The man who will directly or indirectly sell his vote is unworthy of a vote, and it should be taken away from him. The man who is virtuous and intelligent, however poor or humble, or of whatever race or color, may be safely entn1sted with it. I therefore recommend that an amendment of the Constitution be submitted to the people for ratification or rejection, restricting the elective franchise to those who recognize the sanctity of the ballot, and realize the responsibilities of citizenship. THE MILITARY. Our experience during the year has verified the wisdom of the framers of the Constitution who said "a well regulated militia is essential to the peace and security of the State." Situated as we are with two races nearly equal in number, differing so widely not only in color but in tastes, habits, attainments, capabilities and aspirations, the one the strongest race in the world, schooled for seven hundred ~ears in the science and art of self-government; the other, the weakest of the five races, removed only a few generations from ancestors who for ages had been steeped in the lowest depths of Larbarism and only one generation re- 3h 34 JouRNAL oF THE HousE. moved from a condition of slavery in which they learned nothbg of the duties and responsibilities o citizenship, and knew no law but the law of force, there will necessarily be more or less lawlessness. When the inferior race is incited and encouraged to deeds o lawlessness and crime by the enemies of the superior race, as has been the case during the last year, there will be, in spite o the united efforts of the best element of both races, occasions in which the civil power cannot cope with the rioters or the mob, and must necessarily have the support of the military in maintaining the supremacy of the law, and in protecting life, liberty and property. Unfortunately in the organization o the Georgia regiments for the Spanish-American war our State military organizations were almost destroyed by the withdrawal from the companies and regiments o many o the best officers and men ir. them. Hence it was that at the beginning of the present administration there was scarcely an efficient company or regiment in the State, and this, too, at a time when a reliabl1:: military was more needed for local protection than ever before in our history. Realizing this situation I at once went to work as best I could with the scanty means available, tarough the Inspector-General, Col. Wm. G. Obear, to reorganize and perfect the various companies in the State, most o them mere skeletons, only hal armed, and I am glad to be able to report that while it was necessary to disband some companies for inefficiency, most of them have been recruited up to an efficient standard, new officers have been commissioned to fill vacancies, and while some of them are not, for want o means, equipped as they should be, the esprit de corps is much improved. WEDNESDAY, OCTOBER 25, 1899. 35 New companies are being tendered to take the place o those mustered out, and I believe with reasonable encouragement rom the General Assembly all o them will soon I be a bulwark and an orna:rnent to the State. Too much praise cannot be awarded to the gallant men who have responded to my call in the several emergencies which have arisen requiring their services to sustain the civil offi..:lers in protecting life and property and maintaining the supremacy of the law. While, as stated above, I have in many instances declined to respond to the call of civil officers or military aid because I did not see the necessity for it, there have been disturbances in eight counties, to wit: Campbell, Coweta, Butts, Lee, Richmond, Spalding, Decatur and Mcintosh, which, or the protection of lie or property, or both, required the aid o the military. In all these cases I sent troops, usually small detachments, to the support o the civil authorities, in every instance requiring the commanding officer to report to the sheriff, and to act strictly in subordination to him. The most serious uprisings were in Decatur and Mcintosh counties. That in Decatur was put down by Captains 1.fyddleton and Smith of Col. Wooten's regiment, the Fourth Infantry, with but little trouble and without bloodshed. The insurrection in Mcintosh county (or it really assumed the propvr tions o an insurrection) was much more formidablo. When the mob o several hundred armed negroes first took possession o the town o Darien the sheriff, the mayor and other prominent citizens reported the acts to me and urgently asked that I send at once five hundred armed "ft'len to their relie. This I did not do, because I deemed so 36 JouRNAL oF THE HousE. many men unnecessary, and the expense would be great. But I did send by special train from Savannah, one hundred and seventy-four officers and men of the First Infantry, commanded by Capt. Gleason, and twenty-five officers and men of Troop "A," First Cavalry (dismounted), under command of Lieut. Cunningham, Capt. Gleason commanding the whole. This command was on the train and in motion for Darien in less than an hour from the time their commander received my telegraphic order, and while a part o4' them remained in Darien under command of Capt. Grayson to preserve order, the remainJer, under command of Capt. Gleason, returned immediately to Savannah as all escort to the sheriff of :Mcintosh county, who had in charge Henry Delegal, the negro whose crime gave rise to the trouble. The promptness and fidelity with which Capt. Gleason and his command executed my order in this emergency merits the highest commendation. On the next day, the negroes having armed themselves to the number ot about a thomand to resist the arrest of the leaders of the mob of the day before, and one deputy sheriff having been killed and anotlmr wounded in the discharge of official duty, Col. A. R. Lawton was ordered to take command at Darien with plenary power to do whatever in his judgment was necessary to restore order and sustain the civil authorities in upholding the law. To this end most of his own regiment, the First Infantry, returned to Darien, where also reported to him Troop "G" of the First Cavalry, Capt. Sinclair, whose station is Darien. Later on the men of the First Infantry and Troop "A" of the First Cavalry, worn out by constant duty day and night for several days, were WEDNESDAY, OcTOBER 25, 1899. 37 relieved by detachments of one officer and twenty men each, from Troops "B," "E," and "I" of the First Cavalry, and one officer and forty men from Troop "G" of same regiment. This force of a hundred men was deemed necessary to guard against the possibility of another riot at the trial of the fifty or more men who had been arrested, and were to be tried at once, a speGial term of the Superior Court having been called for that purpose. No further disturbance occurred, however, and as soon as the court completed its work and adjourned, the last of the troopa were sent away, perfect order having been restored throughout :Mcintosh county. Much credit is due Col. Lawton and his gallant officers and men for the wise and conservative, but determined course pursued by them throughout this whole unfortunate, yet fortunate affair-unfortunate that it occurred at all, yet fortunate that quiet was restored, and all the chief offenders arrested and brought to trial without the shedding of a drop of blood by the military. In addition to Col. Lawton, whose wisdom, prudence and firmness in restoring the supremacy of the law merits my thanks and the thanks of all the people of the State, I would not feel that I had done my duty were I to fail to make special mention of Lieut. Edward Leonard, of the First Infantry, whose valuable services in arresting John Delegal and others of the most desperate of the rioters, is so highly commended by Colonel Lawton in his clear, lucid aud admirable report, hereto attached as an appendix, to which I invite the special attention of the members of the General Assembly, in order that they may realize the serious and dangerous character 38 JouRNAL OF THE HousE. of this uprising of negroes and the invaluable services o the military as an aid to the civil authorities in protecting life and property and restoring order in such emergencies. AMENDMENTS OF MILITARY LAWS. My experience and observation at a time when so much depends on the efficiency of our soldiery have suggested a nece:;sity for several amendments of our military laws, which were framed, as I am informed, by an officer of the United States army and modeled after the United States laws governing the organization and control of the regular army. While a life tenure of office is best in the regular army, it is repugnant to the spirit of a volunteer organization. Some of the military organizations of the State have been found by the Inspector-General to be inefficient and incapable of being brought up to a standard of efficiency because they are commanded by officers who were elected by men not one of whom is now a member of the organization. Thus there is a want of sympathy between the officers and the men, interest is lost in the company, and it becomes practically useless. I therefore recommend that the law be so changed as to limit the tenure of office in all companies and regiments to three or five years, at the expiration of which time the office shall become vacant and be filled in the manner now prescribed by law. Another matter to which I desire to call your special attention is the great discrimination betv;een officers and men in the matter of pay when in actual service. It is now pro- WEDXESDAY, OCTOBER 25, 1899. 39 vided that the pay of each shall be that prescribed by law for officers and soldiers of the regular army of the United States. Under this law a Colonel of Infantry receives $9.72 per day. Lieutenant-Colonel .................. . $8 34 per day Major ...................... 6 !)4 per day Captain ........................... . 5 00 per day First Lieutenant .................... . 4 17 per day Second Lieutenant .................. . 3 8!) per day First Sergeant ...................... . 83 per day Other sergeants ..................... . 60 pe:r day Corporal .......................... . 50 per day Private ........................... . 43 per day While this is not too much for officers, it is more than the State in a period of hard times and high taxes can afford to pay, and more indeed than the gallant officers of the State troops who serve the State from motives of patriotism and not for money, demand. At the same time the paltry forty-three cents paid to the private soldier who is most frequently a young man of slender means, working for a salary, or for daily waget~, which stop the moment he responds to the call of the State to put down a mob or quell an insurrection, to say nothing of the danger he incurs of losing his place and the inconvenience it gives his employer, is compensation so v.iggardly that the State should not, however hard the times, ask her defenders to accept it. This scale of wages was adopted when the State seldom or never had to call on her military to aid the civil authorities in cnforcinP' 4-l.."'~ law. Now, however, it is different, and there 40 JouRNAL OF THE HousE. is scarcely a month in which it is not necessary for some part of the military to be called out for this purpose. I therefore recommend, and in this I only voice the recommendation of the Military Advisory Board, that the law be so changed and amended as to pay all field officers of all arms of the service four dollars a day. All captains of all arms of the service $3.00 a day. All lieutenants of every arm of the service $2.00 a day. All regimental non-commissioned officers $1.50 a day. All other non-commissioned officers $1.25 a day, and all privates $1.00 a day, besides quarters and subsistence when in actual service in resisting mobs or quelling riots. In computing the time twenty-four hours should be counted a day, and every fractional part _of twenty-four hours should be counted as a whole day. The experience of the recent past has demonstrated that as aids to the civil authorities in enforcing the law, companies and not regiments are needed. Of all the several occasions in which it has been necessary to call on the military for assistance during the last year, there has been but one in which more than two companies were necessary, usnally a mere detachment of one company is sufficient. That one was in quelling the recent insurrection in 1-fcintosh county, of which I have already spoken, for which the entire First Regiment of Infantry and' several detachments of Cavalry were necessary. This experience seems to warrant the conclusion that the military fund should be applied to the cultivation of companieO"., by paying their armory rent and supplying them with uniforms. I ather than 'VEDNESDAY, OcTOBER 25, 1899. 41 in paying the expenses of regimental encampments, as now provided by law. I therefore recommend this change in the law, and the further change that the expenses of the State troops including subsistence, transportation, compensation, etc., when called out to put down riots, and to aid the civil authorities, be paid out of the military fund instead of the contingent fund, upon which so many other drafts must necessarily be made. Already the extraordinary drafts upon this fund, only $10,000.00 per annum, for the purposJ of arresting the spread of smallpox and to pay the expenses of the military when necessarily called into service to quell riots or prevent lynchings, have exhausted about half of the appropriation. DEFICIENCY APPROPRIATION. To supply the deficiency in the contingent fund occasioned by drafts upon it to prevent the spread of smallpox and to defray the expenses of the military when employed in the suppression of mobs and in aiding the civil authorities in the enforcement of the law, an appropriation of $5,000.00 will be necessary, while to supply the deficiency in the printing fund occasioned by reprinting Supreme Court Reports, will require $3,500.00 more. I respectfu1ly suggest that appropriations be made to supply these deficiencies. THE OFFICE OF ADJUTANT-GENERAL. The Adjutant-General's office is the headquarters of the military of the State. From it issue all orders affecting the ' 42 JouRNAL OF THE HousE. State troops, and as well their comfort as their efficiency .in serving the State when needed, depends on the efficient working of that office. Under our law the Adjutant-General receives no salary for his military services, but he is by virtue of office Keeper of Public Buildings and Grounds, and for his service as such he receives a salary of two thousand dollars. He has no clerk or other assistant. The present incumbent, Brigadier-General John M. Kell, was appointed in 18861 not only on account of his ability but in recognition of his splendid services to the South in the civil war, and in recognition of these services he has been retained in the office through each succeeding administration up to this time, notwithstanding his advanced age, his failing health and his consequent inability to discharge the duties of the office. Up to the beginning of the Spanish-American war no serious inconvenience resulted to the public service from his constantly increasing infirmity, because there was up to that time detailed from the regular army of the United States an officer paid by the general government as an assistant to the Adjutant-General of each State. This assistant perfmmed all the duties of the office during the absence or disability of the Adjutant-General. But at the beginning of the war with Spain the United States needed all her military officers for service in the field and the gallant Captain Brown was withdrawn from this special service in Georgia. General Kell, being from his increasing infirmity unable to discharge the duties of his office, my predecessor in office, Governor Atkinson, employed Col. Wm. G. Obear of the State troops as a clerk 'VEDNESDAY, OCTOBER 25, 1899. 43 in the office, who performed them. Col. Obear was paid out of the military fund. In the appropriation act passed by your honorable body at your last session, such restrictions were thrown around the disbursement of the public money, and I think wisely, that not only no part of the military fund, but no part of any other fund could be applied to the payment of a clerk for the office. General Kell's health being still so bad that he could do no part of the work of the office, and I being unwilling to supplant him by ap- . pointing another to the office he had filled so long and so well, and mindful of his splendid services to his country in the days of his manly vigor, the only course left to me was to place Assistant Adjutant-General Byrd on the roll of the Capitol Guard as Captain, and require him to do the work of the Adjutant-General, paying him forty-five dollars a month out of the Public Buildings and Grounds fund as Captain of the Guard, and G<.ueral Kell paying him fiftyfive dollars a month out of his salary of two thousand dollars per annum. Thus we patched up a salary of one hundred dollars a month for Col. Byrd who had performed the triple duty of Captain of the Guard, Keeper of Public Buildings and Grounds, and Adjutant-General. This course was pursued after agreement with Gen. Kell and consultation with the Attorney-Gen.eral, who advised me that in no other way could I pay an officer to keep the AdjutantGeneral's office open without a violation of law. This course, while the only one open to us, has been unsatisfactory, because the triple duties of Acting AdjutantGeneral, Keeper of Public Buildings and Grounds and 44 JouRNAL OF THE HousE. Captain of the Guard have been too much for one man, and have worked a hardship on the other four members of the Guard whose duties have been thus increased. I therefore recommend that General Kell, iu consideration of his extreme age and growing infirmities and in recognition of his splendid services to the South and his State, be retired on the first day of January, HlOO, with his rank, on a pension sufficient to support him comfortably during his life, or that provision be made for paying the Assista11t Adjutant-General who performs the duties of the office, an adequate salary when thus actually employed. NORTHEASTERN RAILROAD. The Northeastern Railroad Company, whose bonds were endorsed by Governor Colquitt, under authority of the Act of the 27th October, 1870, having defaulted in the payment of its interest due on the first day of November, 1893, was seized by Governor N orthen on the 15th day of Xovember, 1893, in accordance with the provisions of the .Act authorizing the endorsement, and put in the hands of R. K. Reaves of Athens, to be operated by him as the agent of the State, in accordance with the provisions of said Act. 1\Ir. Reaves continued to so operate the road until the lGth day of April, 1895, when Governor Atkinson, after advertising as required by law, offered the road for sale at auction to the highest and best bidder, in Athens, its southern ter- minUS. No satisfactory bid being received, the Governor bid it in for the State, and ].Ir. Reaves continued, by order of the GoYernor, to operate it as agent for the State. WEDNESDAY, OcTOBER 25, 1899. 45 On the 28th day of May, 1896, under authority of the said Act of October 27, 1870, authorizing the State's endorsement, Governor Atkinson leased the road and its appurtenances to E. A. Richards & Co., for a term of twenty years at an annual rental of $18,600.00. On the first day of June, two days after the signing of the contract of lease, the lessees took charge of the property and operated it until the 6th day of May, 1897, when Governor Atkinson, the lessees having defaulted in the payment of the stipulated rental for more than eight months, again seized the road, and re-appointed Mr. Reaves State Agent to operate it, which he continued to do until the 21st of J1me, 1897, when the Governor again offered it for sale to the highest and best bidder, bidders submitting sealed bids which were opened on that day, but no satisfactory bid being received, the Governor continued to operate it through ~Ir. Reaves to the close of his administration. At the beginning of the present administration, :Mr. Reaves having operated the road to the entire satisfaction of both Governors Northen and Atkinson, and seeing no good that could result to the State from a change of agents, I continued him as agent, and he is still the agent of the State in charge of the property. The net earnings of the road have been sufficient to pay the interest on the $287,000 of State bonds issued to pay off the bonds of the railroad company endorsed by the State, which upon the default of the company in the payment of its interest became an immediate liability of the State, and some months have shown a small profit; but not sufficient to warrant the State in holding and operating the 46 JouRNAL OF THE HousE. road permanently. It has always, too, been the sense of the General Assembly, as is evident from all the legislation on the subject since it fell into the hands of the State, that the road should be offered for sale whenever in the judgment of the Governor there might be a probability of selling it without loss to the State. Thus believing, and this belief being concurred in by the special committee appointed by your honorable bodies at your last session to look into the affairs of the road, I have advertised according to the provisions of the Act of December 21st, 1897, for sealed bids for its purchase, to be opened on the 31st day of October, when I have reason to believe there will be more than one bidder and that the road will be sold at a price sufficient, not only to save the State from loss, but to yield a little profit. GEOLOGICAL SURVEY. At your last session you provided by resolution for the appointment of a joint committee "to investigate the Geological Department and report their findings to the Governor." The general appropriation bill appropriated "for the Geological Survey $8,000.00 provided the Governor shall have power to discontinue the operations of the said department, ii, after an investigation by a joint committee of the Senate and House, he should deem it best to suspend the operations of the Department," etc. Under the provisions of the said resolution a joint committee of the two houses was appointed which investigated the operations of the de- WEDNESDAY, OCTOBER 25, 1899. 47 partment and reported that "the committee after inspection of the State Museum and careful consideration of the testimony, are of the opinion that a Geological Department, if properly conducted, is of inestimable value to Georgia, and we beg so to report to your Excellency, recommending at the same time that the department for Georgia be continued, and that the conditional appropriation for its maintenance be made available," etc. "We are of the opinion from the testimony both written and oral, that the State Geologi~t, Prof. W. S. Yeates, is competent as a mineralogist and geologist to discharge the duties of his office," etc. Upon receipt of this report the State Geological Board was called together, and its contents made known to them. After careful consideration of the report and the recommendations of the committee it was deemed advisable and t() the best interest of the State to continue the survey, and it has been continued uninterruptedly. No changes have been made in the corps, but Prof. Yeates has been retained as State Geologist, and he has retained as assistants Professors McCalla and Watson, and in my opinion good and . faithful work has been done by all of them. During the year two bulletins have been prepared and printed, the one on "The Artesian Well System" and the other on "The Clay Deposits of Georgia." Another bulletin has been prepared and is about ready for the press on "Roads and Road Building Material," and two others on "The Granites and Gneisses of the State" and the "Aluminum Ores" are well advanced and will with a little more work be ready for the printer. 48 JouRNAL OF THE HousE. No provision was made at your last session for printing the bulletins of the department for either the present year or the next. The two printed are still unpaid for, and there are no funds with which to pay for those in preparation. As these bulletins will prove of great benefit to the State in presenting our resources in the lines covered by them, and their mechanical execution reflect great credit on the State Printer, I respectfully recommend that an appropriation be made to pay for the same, as well as for those now in preparation. BUREAU OF LABOR STATISTICS. As factories and foundries and machine shops and railroads have increased in the State, the number of our people employed by them has increased, and there is a growing demand among our wage earners for a Department of Labor, or, at least a Bureau of Labor, attached to the Department of Agriculture, for the purpose of gathering and publishing such statistical information as will be of interest to them. This class of our people is growing constantly larger and they are among our most useful and reliable citizens, and .their demands should receive your most careful consideration. I realize that the State cannot at this time establish any new and expensive departments. Indeed I do not understand that our mechanics and artizans and wage earners demand this, but they do desire that there be somewhere in the State government, either as a Bureau in the Department of Agricult11re or elsewhere, an officer whose duty it WEDNESDAY, OCTOBER 25. 1899. 49 ~hall be to look after and promote their interest, and gather and disseminate such statistics and other information as shall be useful and profitable to them, and who shall occnpy the same relation to them that the Commissioner of Agri-culture occupies to the farmers of the State. I have deemed it my duty to call your 'attention to this matter and to suggest that you give it careful consideration. CHILD LABOR. There is also an earnest desire among the same class of innocent. The judge who sentenced him strongly urges his pardon. He has served six years and his conduct haa been good." Granted March 3d, 1899. 0. 0. Pitbman.-Cattle stealing. Fulton Superior Court, Fall term, 1896. Sentenced to three years. The Prison Commission recommended pardon for the following reasons: "When the defendant was arrested he was only si..,.teen years of age and without having an opportunity to consult with his parents, who are law abiding citizens, and without the benefit of counsel he plead guilty. The facts of the case, as shown to the Commission, show that he was used as the tool of men much older than himself; that his previous character had been good; that during his imprisonment his conduct has been exemp}ary. His pardon is requested by many good citizens of Fulton and Cobb counties, which pardon is also urged by the solicitor who prosecuted him. He has already served all but three months of his sentence which is considered sufficient." Granted March 4th, 1899. W. A. Brown.-Larceny after trust. Fulton Superior Court, Spring term, 1898. Sentenced to twelve months in the penitentiary. Pardon recommended by the Prison Com~,ission for the following reaii--:ms: WEDNESDAY, OCTOBER 25, 1899. 55 ''The physician in charge of the camp at which the de- fendant is incarcerated, says defendant ie affiicted with .scrofulous tuberculosis and before conviction was a con- firmed opium habitue, and wh~e now cured of the opium. habit, which ~ppears to have been the cause of the crime, is a confirmed invalid. The solicitor who prosecuted him, the jury which convicted him. and many good citizens o Fulton county recommend this clemency. His term will f .expire on the 28th of April, 1899, and it is thought that l1is punishment has been..a sufficient vindication o the law." Granted March 4, 1899. Joel Te1rell Huff.-Murder. Harris County Superior -court, :E'all term, 1897. Sentenced to life imprisonment. Pardon recommended by the Prison Commission for the iollowing reasons: "1st. The evidence submitted to the Court and jury while strong enough to support the verdict is in several particulars unsatisfactory, in that it does not clearly fix the crime upon Huff. 2d. The newly discovered evidence to the effect that the evidence upon which the conviction was bad was untrue and that Huff was at his home at the time the crime was committed, and could not thereiore have shot the deceased or been present with the party who did -shoot him. 3d. The grand jury which indicted Huff, and the jury which convicted him have requested his pardon :and state that in view of the newly discovered evidence that they do not believe he had any connection with the killing of the deceased, Carnett. 4th. The solicitor-general trying the case recommends the pardon in view of the .evidence and the newly discovered evidence. 5th. A large number of the citizens of Harris county, not only by peti~ -t~on recommend his pardon but state that they are ab judge who tried him, the solicitor-general who prosecuted him, his prosecutor and m~ny of the best law-abiding citizens of Troup county strongly urge clemency in his behalf. His character before conviction is shown to have been good and since his incarceration has been meritorious as to conduct." Granted March 9th, 1899. Walter Gartrell.-Cow stealing. Fulton Superior Court, Fall term, 1896. Sentenced to nine years. Pardon recommended by the Prison Commission for the following reasons: "That his reputation was good before the crime was committed and this is his first offense. He plead guilty and has served with good conduct since his imprisonment.. His application is recommended by a large number of reputable citizens of Cobb and Fulton counties, who state that he is simple-minded, easily persuaded and that he was led into the crime by certain men whom they name. Executive clemency is also recommended by the solicitor-general. 58 JouRNAL oF THE HousE. The ends of the law in the judgment of the Commission have been met in this case." Granted J\Iarch 27th, 1899. lYI. R. llfonroe.-Murder. Dawson Superior Court, :March term, 1893. Sentenced to life imprisonment. Pardon recommended by the Prison Commission for the following reasons: "At best the evidence made out but a slight case for conviction, and would have fully justified a verdict for volun tary manslaughter. Defendant without any preparation and acting under considerable provocation, picked up a jack-plane and threw it at deceased, inflicting a mortal wound. While in jail he was stricken with paralysis and i'i now and has been since his incarceration completely helpless and in the opinion of the physician in charge is liable to die at any time. The joint committee on pardons from the General Assembly in 1896 recommended this pardon. Eight members of the jury which convicted him and a large number of the best citizens of Dawson county, including officials, earnestly pray for this clemency." Granted March 28th, 1899. Smart Jones et al.- Whereas, The Prison Commission has recently investigated personally the condition of the convicts now in the Georgia Penitentiary and from such investigation recommends pardons for the following convicts: Smart Jones.-Murder. Coffee Superior Court; received October 24th, 1895, under life sentence, who is completely paralyzed and has been bed-ridden for two years. William Butler.-J\'Iurder. From Sumter county; received March 11th, 1893, under life sentence; paralyzed; bed-ridden for two years and completely helpless. WEDNESDAY, OCTOBER 25, 1899. 59 Milligan Hill.-Burglary. Hancock Superior Court; received December 16th, 1897, under sentence for five years; paralyzed and in declining health. Richard White.-Attempt to murder and volun.tary manslaughter. Decatur County Superior Court; received May 28th, 1897, under two sentences, aggregating twenty-seven years, who is badly diseased and cannot live much longer. Isaac Dixon.-Murder. From Liberty county. Under life sentence; afflicted with heart disease and likely to die at any moment, and who has been confined to the hospital for six months. Alex Billups.-Murder. From Mitchell county; received February 4th, 1896, under life sentence. Badly afflicted with rheumatism and has been helpless for two years. Jim Orockett.-Burglary. From Lowndes county. R0ceived December 6th, 1896, under three years sentence, who has a bad case of consumption. Richard Smith.-Assault with intent to rob. From Dooly county. Received April 7th, 1898, under two year~ sentence; badly diseased and unable to work. Tom Holson.-Burglary. From Dodge county; received March lOth, 1890, under fifteen years sentence. Badly diseased and highly recommended by the prison officials. W. F. Hopkins.-Forgery. From Effingham county; received July, 1897, under two years sentence. Term expires in April and he is in very bad health. 60 JouRNAL OF THE HousE. John May.-From Washington county; received September 1st, 1896, term expires in April; affiicted with consumption. Chas. Glenn.-Simple larceny. From Fulton county; received September 19th, 1896, under three years sentenc'~. Term expires in April. Affiicted with consumption. Riley Josey.-Burglary. From Schley county; receiveJ October 27, 1892, under ten years sentence. Badly diseased; term expires in August. Frank 1l1eadow.-Assault. From Dade county; received September 29, 1897, under two years sentence. Appears to be idiotic and in declining health. Term expires in July. Tom Kinneman.-Car breaking. From Whitfield county; received November, 1897, under three years sentence, badly diseased and almost helpless. Recommended for pardon by the solicitor-general who prosecuted him. Jack Jones.-Arson. From Thomas 1county; received January 18th, 1891, under life sentence. Bed-ridden with dropsy. Jim Tillrnan.-Murder. From Baker county; received May, 1876, under life sentence; totally blind and almo~t helpless. Allen Blackwell.-Murder. From Elbert county; received May 3d, 1882, under life sentence; seventytw~ years old; has lost one leg and is nearly blind. WEDNESDAY, OCTOBER 25, 1899. 61 Jesse Johns.on.-Murder. From Brooks county; 1"~ ceived November 21, 1891, under life sentence; badly diseased, bed-ridden and has been helpless for three years. The above pardons granted March 29, 1899. Perry Williams.--:-Murder. Superior Court of Cla;.county, March term, 1890. Sentenced to life imprisonment. Pardon recommended by the Prison Commissio.t for the following reasons: "After a careful investigation it looks as if defendant might have been wrongfully convicted and there is nov' grave doubt of his guilt in the mind of the solicitor-general who pro3ecuted him, the jury who tried him and the county officers and best people of Clay county who earnestly recommend his pardon, including the grand jury serving at the March term, 1897, who by formal presentments request his pardon." Granted :May 8th, 1899. Chas. R. Reid.-Voluntary manslaughter. . Bibb Superior Court, September term, 1897. Sentenced to thre3 years in the penitentiary. Pardon recommended by the Prison Commission for the following reasons: "The killing in this case was under strong provocation. Deceased having g-rossly insulted defendant's wife and made to her improper and indecent proposals, which she immediately reported to her husband. The insult was gross, wanton and unprovoked and was sufficient to have excited in Reid an extreme heat of passion under which he appears to have acted in taking the life of deceased. In his conviction for manslaughter the law has been thoroughly vindicated in the punishment undergone by him. In view of his physical condition the punishment has been amplf. His health, never robust, during his confinement ,has become' more delicate, and further confinement will probably 62 JouRNAL OF THE HousE. endanger his life. His pardon is strongly urged by the judge who tried him, by the entire jury who tried and con victed him, the county officers of Bibb county, where the crime was committed, and by many other good citizens of that and other counties." Granted !-fay 8th, 18!!9. James Harris.-Attempt to commit arson. Superior Court of Glascock county, August term, 18!!4. Life imprisonment. Pardon recommended by Prison Commission for the following reasons: "Defendant was convicted entirely on circumstantial evi dence which was very vague and highly unsatisfactory The judge who tried and sentenced him, the solicitor wh.J prosecuted him, the jury which convicted him, strongly urge his pardon upon this ground, which is also request~1 by the county officers of Glascock county and a large num ber of the best citizens thereof. The grand jury for the February term, 1899, of the Superior Court of Glascock county, in their formal presentments urge his pardon.' Granted 11lay 8, 1899. W. T. Jenkins.-Voluntary manslaughter. Habersham Superior Qourt, Fall term, 1897. Sentence two years in the penitentiary. Pardon recommended by the Prison Commission for the following reasons: "The sentence of two years, the minimum under the law> shows that the judge who presided at the trial did not consider this an aggravated case. Jenkins left a wife and thre~ small children, one of whom is physically helpless and all Qf whom are absolutely dependent. His wife, upon whom rhese children rely for support and maintenance, ltl desper-~tely and dangerously ill, and it is thought under the cir"1Umstances that he should be released and allowed to gC> to their assistance. This pardon will only shorten his sentence about six months." Granted May 30th, 18!J!J. WEDNESDAY, OCToBER 25, 1899. Will Thornton.-Murder. ' Sumter Superior Court, November term, 1898. Senten~ed to death. Sentence r~commended to ~ommutation for life in the penitentiary, loy the Prison Commission, for the follnwing reasons: ''Evidence of certain facts and circumstanP.es attending the killing which were inadmissible under strict rules and were therefore excluded from thejury, have been presented to the Prison Commission and clearly show that the penalty of death should not be inflicted on this applicant for the <'rime committed. This evidence showed that the killing occurred after aggravated and continued provocations. Doubt also appeared of a purpose to kill in striking the blow and also whether the blow was the direct cause of death. The slayer was a peaceable and reputable man, while the party killed was of violent disposition. Recom- mendations for executive clemency have been signed by a majority of the trial jury, the foreman of the grand jury, the prosecutor, several county officials and a large number of the intelligent, law-abiding and representative citizens of Sumter and Terrell counties." Commutation to life imprisonment granted June 1st, 1899. Parham H. Mabry.-Larceny after trust. Glynn Superior Court, January term, 1898. Sentence two years in the penitentiary. Pardon recommended by the Prison Commission for the following reasons: "First-The defendant upon being arrested restored to the company in whose employment he had been all the money taken by him. Second-Before his conviction hE' 'bore an excellent character, which is vouched for by many of the best citizens in the community in which he lived, and since his incarceration his conduct has been exemplary and repentant. Third-The judge who presided at the trial and the solicitor-general who prosecuted him strongly mge his pardon, stating the law had been vindicated, society 64 JouRNAL OF THE HousE. protected and the defendant sufficiently punished. This request is joined in by sixteen members of the grand jury which indicted him, ten members of the traverse jur:v which convicted him, and many of the officials of the city of Brunswick and the county of Glynn, and a large number of the best citizens of the community, who, being familiar with all the facts surrounding this case, believe he deserves clemency. Fourth-On May 5th last an adverse report was made in this case, but since the judge and solicitor hav~ urged the pardon and the prosecutor has withdrawn all objections thereto, and also since said adverse report defendant's mother, with whom defendant's wife and two small children lived, has died, leaving his wife and children completely alone, destitute and dependent and with no one to support and protect them. This pardon, if granted, will shorten defendant's term only about four months." Granted July 6, 1899. Solomon J oseph.-.Arson. Berrien Superior Court, ::March term, 1889. Sentenced to life imprisonment. Pardon recommended by the Prison Commission for the following reasons: ''Defendant was convicted of burning the planing mill'! of H. H. Tift, upon the testimony of a detective,. who swore that the defendant had confessed the crime to him. The prosecutor, :Mr. Tift, now urges his pardon, stating 'that. nfter the conviction of the defendant there occurred several other fires of apparent incendiary origin and finally one of my watchmen, a white man, was detected starting one of tl1e~e fires, who, upon detection, confessed that he had been' making a practice of starting fires and then discovering them in order to increase the apparent necessity for hi" m1_-)l0yment. Since the discharge of this watchrr.an ther-:: hwe been no more :fires of this character. In view of thi~ WEDNESDAY, OCTOBER 25, 1899. 65 fact together with the character of the testimony against -Joseph1 I have grave doubts of his guilt.' The judge who tried and sentenced him urges the pardon, stating at the trial he had grave doubts of defendant's guilt and had a motion been made he would have set aside the verdict. The solicitor who prosecuted him also urges his pardon upon the same ground." Granted July 7th, 1899. Harry Sweat.-Murder. Chatham Superior Court, De-cember term, 1898. Sentenced to death. Pardon B(lard recommended commutation to life imprisonment for th~J following reasons: "At the time of the difficulty between deceased and defendant both ;vere in a state of intoxication and appeared to be on friendly and even intimate terms, with no present cause of quarrel. Defendant in a friendly manner had endeavored to prevail on deceased to leave the porch of one Angus Smith, who had ordered them to leave, and when defendant endeavored to pull deceased away, Smith pushed them both and they fell off the stoop to the ground. Thereupon they began fighting and defendant, much the smaller and weaker of the two, cut deceased, inflicting wounds from which he died. On the trial of defendant he offered to prove that deceased when dying and conscious of his con dition, upon being interrogated about the difficulty said: 'Harry is all right. I made Harry cut me. Angus Smith is the cause of it all.' Which evidence under the strict rules of law was properly rejected by the court. Had the evidence been admissible it would have doubtless influenced the jury to recommend life imprisonment, one of the punishments for murder. While this evidence was properly rejected by the court, it is thought to be worthy of consideration by the Executive in passing upon the application for clemency. "Many of the best and most conservative .)h 66 JouRNAL oF THE RousE. citizens of Chatham county, and adjoining counties, strong-ly urge this commutation, including members of Congres~ and Senators of Georgia, county and city officials, membersof the grand jury which indicted him and of the traverse jury which convicted him." Granted commutation to life-imprisonment July 19, 1899. Henry Edwards.-Burglary. In Effingham SuperiorCourt, Spring term, 1899. Sentenced to fifteen years in the penitentiary. Pardon recommended by the Prison Commission for the following reasons: "Defendant was convicted when but sixteen years of age, and has now served over ten years. During his imprisonment he has developed a case of chronic asthma,. which grows worse, and to keep him further confined might endanger his life. He has been a model prisoner during his confinement." Pardon granted August 22d, 1899. A. N. Oarpenter.-Burglary. In Elbert County Superior Court, Spring term, 1897. Sentenced to three yearsin the penitentiary. Pardon recommended by the Prison Commission for the following reasons: ''Defendant was only seventeen years old when the crimewas committed, and was not supposed to be mentally we1l balanced, and having served all his term but two months,. the prosecutor, the judge who tried and sentenced him, thesolicitor-general who prosecuted him and many of the be:;t law-abiding citizens of Elbert recommend and strongly urgl} his pardon." Pardon granted August 22d, 1899. George Foster.-Burglary. In Baldwin Superior Court, Fall term, 1892. Sentenced to fifteen years in the peniten-tiary. Pardon recommended by the Priso~1 Commissionfor the followir.g reasons: 'VEDNESDAY, OcTOBER 25, 1899. 67 "The judge who tried him and the solicitor-general who prosecuted him, the prosecutor, many county officers of Baldwin county and other good law-abiding citizens thereof earnestly recommend his pardon. He has been a model prisoner during his confinement, and it is thought his pun- ishment has been sufficient." Sentence commuted to eight years actual service, August 22d, 1899. Jesse Dickens.-Voluntary manslaughter. In Richmond Superior Court, May term, 1894. Sentenced to twelve years in the penitentiary. Pardon recommended by the Prison Commission or the following reasons, to wit: "The defendant was but seventeen years o age when convicted, and has now served over five years. His conduct during his imprisonment has been exemplary and it is thought that his punishment has already been sufficient. His pardon is urged by eight members o the jury which tried him, the judge who presided at his trial, the solicitor.. general who prosecuted him and many o the best lawabiding people o Richmond county, and in ormal report, after investigation, by the ormer legislative committee on pardons." Pardon granted August 25th, 1899. J. T. TribUe.-Simple larceny. In. Pulaski Superior Court, Spring term, 1883. Sentenced to our years in the penitentiary. Pardon recommended by the Prison Commission or the following reasons: "The applicant when he committed the crime was only twenty years o age, and restored to the owner o the stolen property the money or which he had sold the same beore his arrest. When indicted he plead guilty. After serving eight months and eleven days he escaped rom the penitentiary and fled into a distant State, where he has since continuously resided. From most trustworthy sources the 68 JouRNAL oF THE HousE. Commission ascertains that he has lived an exemplary life and commands the respect and confidence of all who know him. A number of years since he connected himself with the church ano is now a minister of the gospel. To-day he has delivered himself up to the proper authorities in Georgia and is now in custody of the law. In view of the fact it is thought that his further humiliation and disgrace should not be required especially as the law has been completely vindicated and the criminal completely reformed." Pardon granted August 29th, 1899. Alex Towns.-Robbery. Floyd Superior Court, Spring term, 189G. Sentenced to five years in the penitentiary. Pardon recommended by the Prison Commission lor the following reasons: "Defendant was convicted upon the uncorroborated testimony of a witness who since the trial was shown to be a thief being then engaged in systematically robbi_ng his employers. These facts being brought to the attention of the judge who tried him, and the solicitor who prosecuted him, they recommend his pardon upon the ground that had they been known at the trial a conviction could not have bee:1 had." Pardon granted September 1st, 1899. Fate Jones.-Voluntary manslaughter. In Butts Superior Court, January term, 1897. Sentenced to six years in the penitentiary. Pardon recommendeo by the Prison Commission for the following reasons, to wit: "The judge "ho tried and sentenced him and the solicitor-general who prosecnted him, voluntarily write recommending his pardon. The latter stating that in his opinion justice would be done by extending this clemency and there was doubt of his guilt. The physician in charge where Jones is confined certifies that his health is completely broken down and further confinement will shorten his life." Granted September 1:"t, 1809. WEDNESDAY, OcTOBER 25, 1899. 69 John Maroney.-Robbery. In Floyd Superior Court, Spring term, 1896. Sentenced to five years in the peniten~ tiary. Pardon recommended by the Prison Commission for the following reawns: "Defendant was convicted upon the uncorroborated testimony of a witness who had since the trial been shown tv be a thief, being then engaged in systematically robbing his employers. These facts being brought to the attention of the judge who tried him, and the solicitor who prosecuted him, they recommend his pardon upon the grounds thlft had they been known at the trial the conviction could not have been had." Granted September 1st, 1899. MISDEMEANORS. Fred Etheredge.-Burglary. Spalding Superior Court, January term, 1898. Sentence twelve months in the chaingang. Pardon recommended by the Prison Commission for the following reasons: "Since defendant's conviction and imprisonment in the chaingang his mother has died and Oscar Macmahan, whl) was jointly indicted and convicted, has been pardoned. Defendant has served eight months in the chaingang. Eleven of the jurors who convicted him, the prosecutor, the judge who presided ;nd sentenced him, the solicitor who prosecuted him and many of the good law-abiding citizens of the county of Spalding urge his pardon." Granted November 7th, 1898. lVillis Peterson.-Assault. l\Iuscogee Superior Court, November term, 1898. Sentence twelve months or $50. Pardon recommended by the Prison Commission for th! following reasons: "The defendant has served one-half of his term in the chaingang and is now willing and able to pay one-half of 70-~ JouRNAL OF THE HousE. his fine. During his confinement his health has become enfeebled and a pardon is recommended by the judge who presided at the trial, and by the solicitor who prosecuted him." Granted November 7th, 1898. Rolly Scott.-Simple larceny. Worth Superior Court, October term, 1898. Sentence twelve months. Commutation to $75.00 recommended by the Prison Commission for the following reasons: "It is represented that the defendant is suffering from a gunshot wound in his arm, which renders him unable to do physical labor, which fact is certified to by the ordinary of Worth county, who asks for this commutation. An effort was made to have the judge of the Superior Court pass an order allowing defendant to pay a fine, but as said order was presented after court had adjourned for the term, the judge had not the legal authority to pass same, but 'iu writing he recommends this commutation." Commutation granted November 29th, 1898. Lee Bond.-Misdemeanor. Murray Superior Court, February term, 1897. Sentenced to fine and six months. Pardon recommended by the Prison Commission for the following reasons: "Defendant was sentenced to pay a fine and work upon the public works six months. The order providing that upon the payment of the fine the chaingang sentence should be suspended. The fine was promptly paid and now the judge who tried him and imposed the sentence of his own motion requests this commutation_" Granted December 3d, 1898. James .M. K eith.-Simple larceny. Superior Court of Whitfield County, Spring term, 18!)8. Sentenced to fine or twelve months. Pardon recommended by the Prison Commission for the following reasons: WEDNESDAY, OCTOBER 25, 1899. 71 "Defendant is shown by competent evidence to he a boy -of very weak mind, whose previous character was excellent. These facts having been shown to the satisfaction of the judge who tried and sentenced him, he now recommends a pardon. The boy has already served eight months in the chaingang, and this is considered a sufficient punishment.., Granted December 19th, 1898. , Pat Banlcs.-Assault and battery. Bartow Superior Court, July term, lb98. Sentence twelve months. Pard0n recommended by the Prison Commission for the folhw.. Ill.!! reasons: "Defendant was convicted of assault and battery growing out of a heat of passion, in a baseball game, in which .there was no apparent malice. He has already served five months, which it seems is a sufficient punishment for the -offence and a complete vindication of the law. He has a wife and children who are entirely dependent upon him for maintenance. His pardon is recommended by the judge who tried and sentenced him, the solicitor who prosecuted him and other good citizens of the county of Bartow." Granted December 23d, 1898. Aden Grice.-lfisdemeanor in two cases. Gilmer Superior Court, October term, 1898. Sentenced to chaingang. Pardon recommended by the Prison Commission for the -following reasons: "Defendant was in jail for about six months previous to his trial, and during that time and since his incarceration 1n the chaingang his health has become seriously impaired, and he now seems to be suffering with consumption. The physician in charge of the chaingang hospital informs tha Prison Commission that longer incarceration may prove -fatal to the prisoner. His pardon is asked for by the judg3 72 JouRNAL OF THE Hou~E. who tried and sentenced him, the solicitor who prosecuted him and many of the best citizens of his county." Grante(t J'anuary 16th, 18!)9. Bowman Trollinger.-Assault and battery. Newton County Court, December term, 1898. Sentenced to finco of $30.00 or twelve months in the chaingang. Prison Commission recommends pardon for the following reasom; "Defendant was a mere boy, not over sixteen years of age, and the boy assaulted was about the same age, and it l3 represented that the fight was really under considerabl,:; provocation. Defendant's parents are yery poor and being unable to pay the fine and costs, he had to go to the chaingang. :Many of the best people of Newton county, and' among them the judge who sentenced him and the solicitor who prosecuted him, strongly urge his pardon. In om opinion the law has been fully vindicated by the punish-ment already inflicted." Granted January 19th, 1899. Frank Clay.-Gaming. Houston County Court, October term, 1898. Sentence, $30.00 or twelve months. Prison Commission recommended pardon for the following reasons: "When the defendant was convicted he was unable topay his said fine and has been serving out the alternative sentence in the chaingang, where he has been imprisoned for four months. He now wishes to pay his fine and be discharged." Granted March 3, 1899. J. W. Oliver.-Carrying pistol concealed and pointing pistol at another. City Court of Macon, September term. 18!:18. Sentenced $75.00 and cost in each case or fourmonths in jail. Pardon recommended by the Prison Commisf'ion for the following reasons: WEDNESDAY, OCTOBER 25, 1899. 73 "Defendant and prosecutor in the case had been at enmity for quite a while previous to the occurrence out of which the prosecution and conviction grew, and was convicted on the evidence of the prosecutor and his wife and one other witness, who asks his pardon now on the ground that her evidence may have been incorrect. Defendant stoutly justified himself and his theory was substantiated by one witness. The prosecutor now asks his pardon, which request is joined by eight of the jurors who convicted him, and the solicitor-general who prosecuted him and many oi . the best citizens of Bibb county, including county and city a officials. He has wife and six young children who are dependent upon him for a support and are now in destitute circumstances. He has already served two months in jail, which is thought to be a sufficient vindication of the law." Granted March 4th, 1899. John Hal Jones.-Larceny from the house. City Court of Atlanta, October term, 1898. Sentenced to fine of $50.00 or six months in the chaingang. Pardon recommended by the Prison Commission for the following reasons: ''Defendant was convicted of stealing a pair of shoes from a storehouse on the testimony of two witnesses, that just previous to his arrest had been in the store. He had been in the store and the shoes were found in his possession. At the time of his arrest he claimed to have purchased thH shoes from one Simon Stevens and on his trial proved by three or four witnesses that he had so purchased them. Since his conviction Simon Stevens has been arrested and identified by those witnesses as the man who sold the shoes to the defendant, and has been committed and is now in jail for the offence, and the said Simon Stevens now admits that he sold the defendant the shoes." Granted March 4th, 1899. 74 JouRNAL OF THE HousE. John Findlay.-Larceny. Fulton Superior Court, November term, 1898. Sentence $50.00 or six months. Prison Commission recommended pardon for the following reasons: "Defendant was jointly charged with one John Hal .Tones and both were convicted. On the 4th inst. Jones was pardoned on the recommendation of the Commission, <>n the ground that when arrested in possession of the stolen goods he claimed to have bought them from one Simon . Stevens who has been recently arrested charged with the same crime, and upon his committal trial admitted that he sold the shoes to John Hal Jones. Stevens has been put upon trial and convicted of the larceny for which Jones and Findlay were convicted. The solicitor of the City Court who prosecuted Jones and Findlay, who this week prose ~uted Stevens to conviction, now urges this pardon, stating that he believes Jones and defendant to both be innocent." Granted March 14th, 1899. Joseph B. Brown.-Selling liquor. Superior Court of Banks County, November term, 1898. Sentence twelve months. Pardon recommended by the Prison Commission for the following reasons: ''He has consumption as shown by the certificates of two physicians, and the petition of a large number of reputable dtizens, which may be developed into permanent disability by longer confinement. His pardon is recommended by petitioners, the trial jury and the solicitor. His offence if! a misdemeanor and his time will expire in November, 1899." Granted April 8th, 1899. Z eke Word.-Selling liquor and gaming. Walton Superior Court, April term, 1898. Sentence twelve months for each offence. Pardon recommended by the Prison Commission for the following reasons: WEDNESDAY, OcToBER 25, 1899. 75 "He is stricken with paralysis and subsequently affilcted -with other diseases, rendering him totally unable to work, -causing him confinement in the jail hospital and \hreatenc; his life unless he is released. He is a poor man and unable to pay the fine imposed. His pardon is recommended by the officials of Walton county, and a reputable practicing physician, who has examined him: and certifies under oath to his eXtreme disability." Granted April 8, 1899. Lott Miller.-Gaming. City Court of Griffin, Septem ber term, 1898. Sentence nine months or $50.00. Par -don recommended by the Prison Commission for the following reasons: "He has already served out seven and one-hal months, leaving but a few more days, counting the time earned for good behavior, which is thought to be sufficient punishment for his crime. His pardon is recommended by the judge who tried him and the solicitor who tried him." Granted April 29, 1899. Willis Dillingham.-Larceny from the house. Superior Court of Spalding County, and sentenced to the chaingang. Pardon recommended by the Prison Commission for the following reasons: "Defendant is only eighteen years of age; very delicate; diseased and unable to undergo the punishment inflicted upon him, which is certified to by the county physician of Spalding county. His pardon is urged by the judge who presided at the trial, the solicitor-general who prosecuted him and many of the county officers of Spalding county.'' Granted April 29, 1899. Anna Hunley.-Larceny from the house. City Court of Columbus, January term, 1899. Sentence, ten months. Pardon recommended by the Prison Commission for th~ fol1owing reawns: 76 JouRNAL OF THE HousE. "Since her conviction she has been in jail, unable to by placed upon the chaingang on account of her physical co:r... clition, which is certified to by two reputable physicians, one of them being the county physician, to be deplorable, being confined for the most of the time to her bed with consumption, suffering with frequent hemorrhages. In the opinion of these physicians she will never recover, and further imprisonment will hasten her death. Her pardon is recommended by the judge who presided at the trial, tlll~ solicitor of the city court, two of the commissioners of road:> and revenues and other officers and citizens." Granted April 29th, 1899. Horace P. Owens.-Gaming and retailing liquor without license. Superior Court of Fulton County, January term, 1899. Commutation recommended by the Prison Commission for the following reasons: "Defendant plead guilty and asked the court not to impose an alternative fine, but to give him terms on the chaingang, hoping that confinement and hard labor would enable him to give up certain bad habits to which he was addicted, and which brought about his criminal acts. Since his confinement his health has broken down and the county physician in charge of the chaingang hospital certifies that further confinement will probably injure him for life.,. Granted 1Iay 8th, 1899. Joe Tye.-Stealing a ride on railroad train. W alto:t County Court, February term, 1899. Sentence, twelve months. Pardon recommended by the Prison Commission for the following reasons: "Defendant is a negro boy about fifteen years of ageand rode upon the train at the advice of an Atlanta policeman, who told him it was no crime. He has already served about three months of his ~entence, which is deemed suffi..ient uunishment." Granted May 8th, 1899. WEDNESDAY, OCTOBER 25, 1899. 77 T. James Buchanan.-Larceny from the person. Fulton Superior Court, Spring term, 1899. Sentence, nine months. The Prison Commission recommended commuta- tion to present service upon the payment of a fine of fifty dollars and costs, for the following reasons: "Defendant was indicted for robbery, but upon the trial after the evidence was introduced for the State, the solicitorgeneral accepted a plea of larceny from the person. It seems that defendant and one Richard Gilbert were both drunk, and that defendant took Gilbert's watch in an open manner, in the presence of witnesses in a saloon, which fact being reported to the police he was arrested and charged with robbery. Defendant claimed then and has alwaya claimed that he was only taking the watch to prevent Gilbert from losing it, and the facts seem to bear out his contention with some degree of probability. Gilbert himself recommends an unconditional pardon, and the solicitorgeneral who prosecuted him also urges clemency, as dv many other good citizens of Fulton county." Granted commutation as recommended May 8, 1899. S. P. Fambrough.-Selling whiskey illegally. Morgan County Court, April term, 1899. Sentence, $300 and costs or twelve months. Pardon recommended by thoJ Prison Commission, upon the payment of a fine of $100 and costs, or twelve months in the chaingang, for the follov;ing reasons: "Since his conviction defendant has been shot twice with a shotgun, and is now confined to his bed from the wounda receiYed. His financial condition is such that he cann:ot pay the fine, and his physical conditio11 is such that he cannot undergo the labor and confinement. The county judge t1nd solicitor therefore recommend the commutation named." Commutation granted :May 24th, 1899. 78 JouRNAL oF THE Hous:r.o. Louisa Palmer.-Arson. In Chatham Superior Court,. .March term, 1895. Sentenced for life imprisonment. Commutation recommended by the Prison Commission forthe following reasons: "Defendant was only sixteen years of age when the crime was committed and is reported to have been very ignorant and extremely simple. Her crime consisted of three attempts to sPt fire to the house of her employer, in Savannah, w1th no apparent motive, she being taken almost in the act the third time, after the other two had been extinguished, all during one day and in daylight. No harm or damage occurred by any of these attempts and the jury recommended her to the extreme mercy of the court. The judge had no discretion in sentencing her, the penalty being life imprisonment on recommendation. The judge now urges her pardon, stating that had it been in his power he would. have given her a term of years, which recommendation i::1 strongly urged by the solicitor-general who prosecuted hm, a!ld other good citizens and the jurors who convicted her." Commutation to ten years in the penitentiary, granted August 23d, 1899. Joseph 0. Rickerson.-Seduction. In Putnam County: Fall term, 1898. Sentenced to two years in the penitentiary. Commutation recommended by the Prison Commission for the following reasons: "The evidence at best makes out a very weak case of seduction. The solicitor-general who prosecuted the casJ recommends a pardon on the ground that a conviction fol" fornication would have been proper and an ample vindication of the law. This recommendation is joined in by theentire grand jury which indicted him, except one, by theentire traverse jury which convicted him, by many count_v officers of the county, inc1nding the Representative and- WEDNESDAY, OC'TOBER 25, 1899. 79 Senator of the 28th district, and many of the best lawabiding citizens of Putnam county. It is thought that the extreme penalty as for a misdemeanor will be a suitablepunishment in this case." Commutation to one year itt the penitentiary, granted August 24th, 1899. R. K err.-Simple larceny. In the City Court of At lanta, November term, 1898. Sentenced to twelve month:> on the chaingang and six months in jail. Commutation recommended by the Prison Commission for the followin~ reasons: "The defendant was a boy who drifted from his home in Texas seeking a living, but fell in while here with bad company, an older man, who persuaded him in assisting in thecrime for which he was convicted. His former characteris shown by some of the most respectable people of Texa!?to have been good, and his family connections are of thebest. His pardon or commutation is recommended by thesepeople and al~o by the solicitor who prosecuted him and other court o1Iicials as well as by some of the best people of Atlanta. The imprisonment already suffered in thechaingang is considered sufficient punishment and the fiftydollar fine to take the place of the additional term in jaiV' Commutation to twelve months in the chaingang and a fine of fifty dollars, to include the cost, granted August 31st~ 1899. Bud Haclcett.-1Iurder. In Bartow Superior Court, :March term, 1899 (special session). Sentenced to death. Commutation to life imprisonment in the penitentiary ree<>mmended by the Prison Commission for the following reasons: "The circumstances of the killing more particularly ~eveloped by proof since the trial, show that the defendant 80 JouRNAL OF 'fHE HousE. committed the homicide in an encounter without having made previous preparation for the difficulty, and without time for deliberation. He is an ignorant man of very weak mind, and the crime was committed while he was intoxicated. A strong appeal is made in his behalf by many of the most respectable citizens of Bartow county, where he was reared, also by many members of the bar and officers of the court and county. Recommendations for commutation also made by the judge of the city court, by the judge of the Superior Court before whom he was tried, by a number of the jurora who tried him and by the solicitor-general." Sentence commuted to life in the penitentiary September 20th, 1899. Eb W right.-Selling mortgaged property. County Court of Baldwin county, November term, 1898. Sentence, $250 or twelve months. Pardon recommended by tha Prison Commission for the following reasons: "A careful reading of the record in this case generates n strong doubt of defendant's guilt of any crime. He was sentenced under ~ section of the Code of 1882, making the penalty for this crime a fine in double the amount of the mortgage, which statute by amendment in 1895 now makes the penalty the same as in other misdemeanors. He has already served four months, which is considered ample punishment for the crime of which he was convicted." Granted 11Iay 24, 1899. Lee Clements.-Riot, assault and carrymg concealed weapons. Fannin Superior Court, January term, 1898. Sentenced to twe1Ye months each on two of the cases anl six months on the other. Pardon recommended by th,:J Prison Commission for the follmYing reasons: "The offences occurred at the same time and place as one ('Yent ancl no one was hurt. The applicant has nndergone the penalties YC'ntc>en montl1s in tht:> chainp:nnc:. nnd hi.:. WEDNESDAY, OCTOBER 25, 1899. 81 -pardon is recommended by the officials of Union and Fannin counties, by a very large number of intelligent and good citizens of Union county, by the judge before whom he wa& tried and the solicitor who prosecuted him." Granted _J.une 2d, 1899. Ben _Sam IIarper.-Selling whiskey illegally in two -cases. City Court of Elberton, October term, 1897. .Sentenced to twelve months in each case. Pardon recorn mended by the Prison Commission for the following reasons: "Defendant was first convicted in the Mayor's Court for .a violation of a city ordinance, involving the same trans.action, and given terms of three months in each case and served out these terms. He was then tried and convicted for violating the State law and received the sentences set -out above, making the time already served over two years. He is represented to be afflicted with an inc-qrable disease and his pardon is requested by the judge who tried him, the solicitor who prosecuted him and many of the best citizend of the county of Elbert. If pardoned the last term will only be shortened by about two months." Granted July 6th, 1899. Lula Seals.-Larceny from the house. City Criminal Court of Atlanta, .March term, 1899. Sentence, twelve months. Commutation recommended by the Prison Commission from twelve months on the chaingang to twelva months in jail, to includethe time she has already served in jail, for the following reasons: "The County Commissioners of Fulton county make thii request for commutation, desiring that she should be employed in work at the jail, rather than on the gang, and it is thought that her punishmPnt there will be equally l!-8 6h 82 JouRNAL oF THE HousE. great and perhaps more humane. This request is als~ joined by the solicitor of the City Court who prosecuted herand the judge who tried and sentenced her says this disposition will be perfectly satisfactory to him." Commutation: granted July 8th, 1899. J. T. Oollier.-Assault and battery. Cobb County Superior Court, November term, 1898. Sentenced to $1,000 ortwelve months in the chain-gang. Pardon recommended_ by the Prison Commission for the following reasons: "This clemency is recommended by the judge who pre sided and sentenced him, the solicitor-general who prosecuted him and a large number of the best law-abiding citizens of Cobb county." Granted August 21st, 1899. Postell Loden.-Selling whiskey illegally. City Courtof Clarkesville, February term, 1899. Sentenced $100 ortwelve months in the chaingang. Pardon recommended by the Prison Commission for the following reasons: "The judge who tried him, the solicitor who prosecuted him and many of the best and law-abiding citizens or Habersham county recommend his pardon. Defendant was only nineteen years of age when convicted and hasalready served more than six months on the chaingang,_ besides about three weeks in jail prior to his trial, which is considered sufficient pnnishment for his crime." Granted August 22d, 1R99. George White.-Simple larceny. City Court of Bartow County, June term, 1899. Sentenced to six months in thechaingang. Pardon recommended by the Prison Commission for the following reasons: "Defendant was only twelve years of age when convictedand upon newly discovered evidence presented to the judge' WEiDNESI>AY, OCTOBER 25, 1899. ~3 of said court who tried him without a jury, he expresses great doubt as to his guilt and asks his pardon, which is also urged by the solicitor who tried him." Granted September 1st, 1899. Charlie Gordon.-Gambling. Bibb Superior Court, April term, 1899. Sentenced to si."!: months in the chaingang. Pard~n recommended by the Prison Commission for the following reasons: "After confinement in jail he was confined thirty day~ in the pest-house on account of smallpox in the jail, then worked in the chaingang 1mtil September and becoming sick he was sent to the hospital where he is yet confined. He is rmfit for work on account of dropsy. The pardon is recommended by the judges of the Superior and City Courts, by the solicitor-general and by a number of officials and citizens of Bibb county." Granted September 30th, 1899. Richard M oreland.-Carrying concealed weapons. City Criminal Court of Atlanta, July term, 1899. Sentenced to pay a fine of $100 and costs or twelve months in the chaingang. Commutation recommended by the Prison Commission to a fine of $30, including costs, or six months in the chaingang, for the following reasons: "He has established by means of letters from prominent citizens of his home, LaGrange, Georgia, that his character is of the best and that he has never been in any trouble before, or transgressed any of the laws of the State to their knowledge. The judge who presided at his trial, and the solicitor who prosecuted him, both request that the sentence be reduced." Granted July 13, 189fl. .84 JouRNAL .OF THE HousE. RESPITES. To the Sheriff of Chatham County: Whereas, At the March term, 1898, o the Superior Court oi Chatham county, Abram Smalls was convicted of the offense of murder and was sentenced therefor to be executed on Friday, the 9th day of December, 1898, and Whereas, A petition numerously signed by respectable and law-abiding citizens of said county has been presented to me asking the commutation of said sentence to life imprisonment in the penitentiary, and Whereas, On account of the many important public duties upon the Executive requiring immediate consideration, it is impracticable at this time to give proper consideration to said petition for commutation, it is deemed proper to grant a respite of said sentence as hereinafter named. You are therefore hereby commanded to delay and postpone the execution of said sentence until Friday, January 13th, 1899, on which day, in the absence of any legal order directing the contrary, you will do execution upon the body of the said Abram Smalls in accordance with the judgment of the court rendered in said case. Herein fail not. Granted December 8th, 1898. J elf Hicks.- To the Sheriff of Macon County: Whereas, At the }.fay term, 1898, of the Superior Court of Macon c01mty, Jeff Hicks was convicted of the offense of murder, and was sentenced therefor to be hanged on Tuesday, the 20th day of December, 1898, and Whereas, A petition numerously signed by the law-abiding citizens of Macon county, has been presented to me asking a commutation of said sentence to life imprisonment in the penitentiary, and WEDNESDAY, OCTOBER 25, 1899. 85 Whereas, On account of the many public duties upon the Executive, requiring immediate consideration, it is impossible and impracticable at this time to give proper con- , sideration to said petition and to the record in said case, it is deemed proper to grant a respite of said sentence as hereinafter named. You, the sheriff of said Macon county, are therefore hereby commanded to delay and postpone the execution of said sentence until Tuesday, January 3d, 1899, on which day, in the absence of any legal order directing the contrary, you will do execution upon the body of the said Jeff Hicks in accordance with the judgment of the court rendered in said case. Herein fail not. Granted December 19, 1898. Second respite granted Jeff Hicks on the 31st day of De. cember, 1898, for the reason that he was stricken with pneu- monia and was dangerously ill when said second respite was granted, which fact was certified to by the county physician, !f. F. Crumley, who stated that should he live until the day l"et for the execution, to wit: January 3d, 1899, he would be unable to move or stand alone, and that "to execute him in that condition would be inhuman and almo: the present age, your committee submits its final work, keen to the probabilities that it may be open to objections, yet conscious of the other and greater fact that it comprises as a whole the best features of the tax codes of this day and country, and represents the honest fruit of this humble body's individual study and collective labor. To the various State House Officers, and especially to the able Attorney and Comptroller-Generals, and to the faithful and industrious Secretary of this committee, we desire to acknowledge our deep obligations. Not that legislation can create wealth, nor that a revision of tax laws may wring more revenue into the coffers of the State, but to the end, as expressed in the resolution to which we owe our existence, that the burdens of taxation may bear equally upon the taxed, we lay before you thi!'l report and measure. We believe that its adoption means that out of inequality shall spring equality, and out of injustice shall come forth justice. It can, at least, be said that if it is the work of erring mortals, it is sponsored by many earnest patriot hopes. Your committee therefore begs leave to report as follows: Your committee has concluded at the ontRet tbat the sys tern of taxation which makes every tax-payer his own taxassessor, is radically erroneous. The experience of government testifies to the fact that avarice is too often the master of human frailty for the State to practically leave to the tax-payer the question as to how much he shall take from his own pocket to contribute to the support of the body politic. Such a system, and the system under which this State now operates, exacts from the unscr'upulous and the honest disproportionate toll, and lays upon the owner o visible property an unjust share of the burdens of taxation. The history of our present system f:hows that as if by common consent, civic morals so far relax at times that even 126 JouRNAL OF THE HousE. in the midst of industrial improvement and increasing values, depleted returns and sequestered properties actually embarrass the necessary and economical administration of the government. \Ve have therefore decided to recom~ mend a great change in the present law, the creation of a system of taxation by assessment. \Ve propose to put the tax machinery of this State under the general control of a State Board of Tax Commissioners, whose members by the terms of their offices and the manner of their selection will be as far as possible removed from political influences. vVe also propose the creation of local boards in each county, to be filled in a manner which, in our opinion, will bring to the discharge of the duties the ablest and fairest men. The bill which we have framed is based upon this proposition of assetosrnent. It is radical, but in our judgment it is vital. We have given this State board great power with which to provide means to reach hidden property. In no other way can that property which cannot escape hope to find rElief. In the accompanying bill we make some changes in the pre'3AY, OCTOBER 27, 1899. 141 By Mr. Bell of Spalding- A bill to be entitled an act to permit the commissioner:> of roads and revenues to pay officers of superior courts, and for other purposes. Referred to the Committee on Counties and County Matters. The following Senate resolution was read and concurred in, to wit: By Mr. Davis of the 37th District- A resolution inviting the Ron. W. B. Stubbs to address the General Assembly, in joint session, at 7:30 o'clock p.m., October 2'1, 1899. On motion of :Mr. Adams of Putnam, House bill No. 181, the same being a bill to establish a commission in each count}" to select school text-books, and for other purposes, was made the special order for October 31st, after special order already set. On motion of Mr. Speer of Sumter, House bill No. 16, the same being a bill to amend section 2185 (719-a) of the Code of Georgia, was made the special order for W ednesday, November 1, 1899. On motion of ~lr. Starr of Gordon, House bill No. 42, the same being a bill to amend section 65, volume 3 of the Code of 1895, was made the special order for Thursday, November 2, 1899. On motion of :Mr. Watkins of Gilmer, House bill No. 72, the same being a bill to amend section 1378 of volume 1 of the Code, was made the special order for Tuesday, October 31, 1899. 142 JouRNAL oF THE HousE On motion of Mr. Hardwick of Washington, House bill No. 122, the same being a bill to provide for the assessment vf property subject to taxation in this State, and for other purposes, was tabled. On motion of :Mr. Slaton of Fulton, House bill No. 123 was tabled. On motion of Mr. Bryan of Floyd, House bill No. 131 was tabled. On motion of Mr. Hall of Bibb, House bill No. 166 was tabled. On motion of Mr. Slaton of Fulton, House bill No. 180 was tabled. On motion of Mr. Hall of Bibb, House bill No. 209 was tabled. The following bills were read the third time, and P'It upon their passage, to wit: By Mr. Post of Coweta- A bill to be entitled an act to provide for the removal of a cropper or other laborer in certain cases, and for other purpose~. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 94, and the nays 5. So, the bill having received the requisite constitutional majority, was passed. FRIDAY, OCTOBER 27, 18H9. 143 By :Mr. Hall of Bibb - A bill to be entitled an act to prohibit any railroad, ex press or telegraph company, or any person or persons owning or operating any railroad or other business in this Stato from giving to any legislator, or other State official, passes over their lines, etc., and for other purposes. The following amendment was offered by Mr. Hall~ which was read and adopted, to wit: Amend by striking out the figures 1899, wherever they occur, and insert in lieu thereof the figures "1900." l\1:r. :McLaughlin moved that the bill be tabled. On the motion to table, Mr. Hall called for the ayes and nays, which call was sustained. On taking the ballot viva voce the vote was as follows: Those voting aye "ere J\fessrs.- Adamson, Allen, Arnold, Barron, Bass, Bennett of Pierce, Bell of Spalding. Black of Dawson, Black of Whitfield, Bower, Brown of Bryan, Bryan, Carlton, Castleberry, Chappell, Copeland, Darnell, Denny, D!'WS, Dickey, Drawdy, Easterlin. Everett of Stewart, Farmer, Felker, Franklin, Fort, Gay, Gresham, Greene, Griffin of T_wiggs, Hammett, Hardin of Liberty, Hardin of Wilkes, Henderson of \Vasht'n H!'rring, Hopkins, Holder, Hosch, Hutchins, Jarnagin, Johnson of Appling, .Tohnson of Lee, Jones of Burke, Jordon of Pulaski, Knowles, LaRoche, Lee, Maxwell, Merritt, Mullens, 144 JouRNAl. OF THE Homm. McCants, McCranie, McDonough, McElreath, McLaughlin, McMillan, McRae, Pace of Newton, Padgett, Pate of Gwinnett, Rawls of Effingham, Stubbs, Rawls of Wilkinson, Stone, Reid, Tanner, Rogers, Taylor, Rose, Tracy, Rudicil, Turner of Rockdale, Smith of Hall, Upchurch, Smith of Hancock, \Valker of Union, Snell, Wood, Starr, Woodal. Those voting nay were Messrs.- Adams, Anderson, . Beauchamp, Bell of Forsyth, Blalo.ck, Bynum, Calvin, Duncan, Ellis, Emanuel, Fender, Freeman, Ford, George, Griffin of Greene, Griffith, Hall, Hardwick, Harrison, Hathcock, Hill, Johnson of Bartow, Jordan of Jasper, Lane of Bibb, Lane of Early, Lane of Sumter, Laing, Longino, Mayson, Mitcheil, Moore, Morris, McDonald, McLennan, Ogletree, Ousley, Overstreet, Park of Greene, Post, Price, Reynolds, Simpson, Singletary, Slaton, Sloan, Spinks, Speer, Sturgis, Stewart, Swift, Tatum, Tisinger, Timmerman, Turner of Henry, \Valker of Brooks, Watkins, West, Whiteley, williams of Emanuel, Williams of Lumpkin, \Vooten, Yates, Mr. Speaker. Those not voting were Messrs.- Bennett of Mitchell, Everett of Polk, Johnson of Floyd, Bond, Hammond, Latimer, Bowen, Hamby, Martin, Brandon, Harris, McFarland, Brown of Carroll, Harrell, McGehee, Bush, Harvard, Newton, Carter, Hendricks, Park of Troup, Cook, Henderson of Irwin, Richardson, Crossland, Howard, Walker of Crawford, David, Johnson of Baker, Willingham. FRIDAY, OCTOBER 27, 1899. 145 :Mr. McLa-ughlin moved to dispense with the verification of the roll-call, which motion prevailed. Upon counting the vote it was found that the ayes were 81, and the nays 63. The motion of Mr. }fcLaughlin, therefore, prevailed, and the bill was tabled. By unanimous consent the following bills were introduced, read the first time and appropriately referred, to wit: By Mr. Rogers of Marion- A bill to be entiiled an act to prescribe the time and &ettlement with tax collectors of this State, and for other purposes. Referred to the Ways and Means Committee. By Mr. Slaton of Fulton- A bill to be entitled an act to amend the charter of th3 Atlanta Banking Company, and for other purposes. Referred to the General Judiciary Committee. By Mr. Slaton of Fulton- A bill to be entitled an act to cede jurisdiction to th~ United States of certain realty, and for other purposes. Referred to the General Judiciary Committee. By Mr. Lane of Bibb-- IOh 146 JouRNAL OF THE HousE. A bill to be entitled an act to provide for the incorpora tion of land transportation companies other than railroad :, and for granting charters for the operation of the same, and for other purposes. Referred to the Committee on General Agriculture. The following bill was read the third time and put upon its passage, to wit: By Mr. Hall of Bibb- A bill to be entitled an act to amend section 2334 of the Code, and for other purposes. Mr. Post, of Coweta, offered the following amendment, which was adopted, to wit: Amend by striking out in the 5th line of section 1 tht.: words "the suit is filed," and insert in lieu thereof the words "the injury or damage was sustained." Mr. Slaton, of Fulton, offered the following amendment, which was read and adopted, to wit: Amend titles by inserting after the word "Code" and before the word "and" the following, "by providing when suits may be brought against railroads under certain circumstances." The report of the committee, which was favorable to the passage of the bill, as amended, was disagreed to, and the bill lost. The following resolution was read and adopted, to wit: By Mr. Copeland of Walker- SATURDAY, OCTOBER 28, 1899. 147 A resolution to have 300 copies of House bill No. 45fi printed for the use of the House. Leaves of absence were granted the following members~ to wit: :Messr>J. Hamby of Rabun, Singletary, Stone of Walton, Jordan of Pulaski, Turner of Henry, Emanuel of Glynn, Speer of Sumter. On motion of wlr. Hardwick, the House adjourned until 7:~0 o'clock to-night. Atlanta, Ga., Saturday, October 28th, 1899. The House met pursuant to adjournment at 10 o'clock a.m. this day, was called to order by the Speaker, and opened with prayer by the Chaplain. Upon call of the rolL those answering to their names were Messrs:- Adams, Bond, Adamson, Bowen, Allen, Bower, Arnold, Brandon, Barron, Brown of Bryan, Bass, Bryan, Bennett of Mitchell, Bynum, Bennett of Pierce, Calvin, Beauchamp, Carlton, Bell of Forsyth, Carter, Bell of Spalding, Chappell, Black of DawRon, Copeland, Black of Whitfield, Cr ssland, Blalock, Darnell, David, Denny, Dickey, Drawdy, Duncan, Ellis, Easterlin, Everett of Stewart, Farmer, Felker, Fender, Freeman, Franklin, Ford, 148 JouRNAL oF THE HousE. Fort, Laing, Richardson, Gay, LaRoche, Rogerd, George, I. atimer, Rose, Gresham, Lee, Rudicil, Greene, Longino, Simpson, Griffin of Greene, Martin, Slaton, Griffin of Twiggs, Mayson, Sloan, Griffith, Maxwell, Smith of Hall, Hall, Merritt, Smith of Hancock. Hammett, Mitchell, Snell, Hardin of Liberty, Moore, Spinks, Hardin of 'Vilkes, Morris, Starr, Hardwick, Mullens, Stubbs, Harrison, McCants, Sturgis, Harris, McCranie, Stewart, Harrell, McDonald, Swift, Harvard, McDonough, Tanner, Hathcock, McElreath, Tatum, Hendricks, McFarland, Taylor, Henderson of 'Vasht'nMcGehee, Tisinger, Herring, McLaughlin, Timmerman, Hill, McLennan, Tracy, Howard, McMillan, Turner of Rockdale, Hopkins, 1\IeRae, Upchurch, Holder, Newton, walker of Brooks. Hosch, Ogletree, \Valker of Crawford, Hutchins, Ousley, walker of Union, Jarnagan, Overstreet, \Vatkins, Johnson of Appling, Pace of Newton, \Vest, Johnson of Baker, Padgett, \Vhiteley, Johnson of Bartow, Pate of Gwinnett, \Villiams of Emanuel, Johnson of Floyd, Park of Greene, Williams of Lumpkin. Johnson of Lee, Park of Troup, Willingham, Jones of Burke, Post, Wood, Jordan of Jasper, Price, Woodal, . Knowles, Rawls of Effiingham, Wooten, Lane of Bibb, Rawls of Wilkinson, Yates, Lane of Early, Reid, Mr. Speaker. Lane of Sumter, Reynolds, Those absent were Massrs.- Anderson, Brown of Carrol, Bush, Castleberry, Cook, Dews, Emanuel, Jordan of Pulaski, Everett of Polk, Singletary, Hammond, Speer, Hamby, St.one, Henderson of Irwin, Turner of Henry. SATURDAY, OcTOBER 28, 1899. 149 Mr. Merritt of the Committee on Journals reported that the journal of yesterday's proceedings had been examined and approved. The journal was read and confirmed. Mr. Tatum gave notice that at the proper time he would move to reconsider the action of the House so far as it relates to the passage of House bill No. 184. Mr. Hall, of Bibb, gave notice that at the proper time he would move to reconsider the action of the House in defeating House bill No. 210. Mr. Tatum, of Dade, moved to reconsider the action of the House in passing House bill :Ko. 184 by Mr. Post of Coweta, the same being a bill to provide for the removal of a cropper or other laborer in certain cases, and for other purposes, which motion prevailed. Mr. Hall, of Bibb, moved to reconsider the action of the House in disagreeing to the report of the committee on House bill No. 210, the same being a bill to be entitled an act to amend sec. 2334 of the Code and for other purposes, which motion prevailed. The committee appointed to draft resolutions on the death of the Ron. A. S. Erwin, late member of this body, from the county of Clarke, begs leave through its chairman, Mr. Ellis of Bibb, to recommend the adoption of the following resolution: A RESOLU'fiON. Resolved by the House of Representatives that, whereas, in the providence of God, death has taken from his seat in this House, the Honorable Alexander S. Erwin, the representatiYe o the county o Clarke, 150 JouRNAL oF THE HousE. Be it resolYed, that by that sad event this body has lost an able, courageous and upright member, the county of Clarke a faithful and efficient representative, and the State of Georgia a citizen without fear and without reproach, whose conspicuous attainments pledged to its service years of able and honorable effort. Resoh,cd fnrther, that our hearts go out m sympathy to the stricken family of the dead in this hour of their sorrow. Resolved further, that a copy of these resolutions be furnished to the family of the deceased, and that upon the conclusion of the special order of the day, this House stand adjourned as a mark of respect to his memory. Respectfully, ELLIS OF BmB, MoRRIS oF CoBB: BowER OF DECATUR. Mr. Speaker: The undersigned committee appointed to prepare and present to the House suitable resolutions upon the death of Hon. vV. S. King beg leave to submit the accompany- ing resolution as a report. Respectfully submitted, J. P. DUNUAN, w. J. \Y ALKER, J. J. EASTERLIN, Committee. SATURDAY, OCTOBER 28, 1899. 151 A RESOLUTION. Whereas, An all-wise Providence has removed from our midst our late confrere the Hon. W. S. King; and Whereas, It is meet and proper that we should place on record our appreciation of the high character of our deceased brother, and give expression to our sense of the irrepaable loss which we, his legislative associates and the State, in common with his immediate family, have sustained in his removal from this earthly sphere; therefore, be it Resolved, That, by the death of the Hon. \V. S. King, the General Assembly of Georgia has lost one of its most capable and conscientious members and the commonwealth a loyal and useful citizen. Resolved, That we experience a sorrowful pleasure in bearing testimony to his unflagging zeal in the interest of the State, his great love for the cause of free public instruction, his uniform courtesy to all with whom he came in contact, and his fearlessness in the advocacy and the defense of the right. Resolved, That a page in the Journal of the House be dedicated to his memory, and a copy of the foregoing preamble ~nd these resolutions, signed by the Speakel'" and the Clerk, be furnished the family of the deceased. The <'ommittee appointed to draft suitable resolutions on the death of the Hon. Geo. I. Barwick, late member of the House of Representatives from the county of Emanuel, through its chairman, Mr. Hardwick of Washington, ~mbmitted the following report: 152 JouRNAL oF THE HousE. :Mr. Speaker: Your committee appointed to prepare and present to this body, suitable resolutions on the death of Hon. Geo. I. Barwick, late member from Emanuel, beg leave to present the following resolutions and to recommend their adoption by the House, to wit: Whereas, Since our last session, the Hon. Geo. I. Barwick, of the county of EmanueL has been removed from our midst by death; therefore, be it Resolved, That in the death of our late colleague the State of Georgia and the county of Emanuel have lost a distinguished, upright and useful citizen, and that in his death, the House of Representatives has lost a member whose usefulness and worth were highly appreciated by this body and by its se,eral members as individuals. Resol-.ed further, That these resolutions be entered upon the minutes of the House, and a copy thereof be sent to the family of our deceased colleague, as a token of the profound sympathy of the House with them in this sad affiiction. Resolved further, That as an additional token of re- spect to the memory of our late colleague, this House, at the conclusion of the special order of to-day, do adjourn. Respectfully submitted. w. T. HARJ?WICK, A. J. BROWN, HIRAM FRAKLIN, Committee. Mr. Slaton of Fulton, Chairmai?- of the committee appointed to draft suitable resolutions on the death of theBon. T. W. Fain, late member from the county of White~ submitted the following report: SATURDAY, OCTOBER 28, 1899. 153 Mr. Speaker: The committee appointed to draft suitable resolutions on the death of the Hon. T. W. Fain, late a representative of the county of White, beg leave to submit the following report: Mr. Fain belonged to an old substantial family of Georgians that for a long number of years liberally contributed to the development of the State's best interest, and aided in the establishment of that public sentiment in the rural districts of the State which secures to citizenship those virtues that render home-life happy in the full enjoyment of all that is pure. Respected and trusted by his people, he was more than once honored by them as their representative in the Georgia Legislature. Our associations with him during the session of 1898 were pleasant and of the most cordial nature. He was modest and unassuming, yet, firm and true to his convictions. He sought not the plaudits of man, but rather to know and do that which was right, and thus gained for himself that which he did not consciously seek. Tried, true and trusted, he laid down his life in his old age without a stain on his character, and thus secured to himself "a good name," which "is rather to be chosen than great riches." To those who loved him best, and loving his memory still, are yet draped in the dark folds of mourning, we tender these feeble words, with the hope that they may in part, at least, assuage their deep sorrow. 154 JouRNAL OF THE HousE. Be it therefore resolved, That a page of journal of the House be dedicated to his memory, and that a copy of these resolutions, signed by the Speaker and Clerk of the House be transmitted to the family of the deceased. Respectfully submitted, JoHN M. SLAToN, Chairman, F. \V. CoPELAND, G. w. l\1. TATU~I. The committee appointed to draft suitable resolutions on the death of the Hon. W. C. "\Vade, late member of the House of Representatives from the county of Brooks, through its chairman, Mr. Blalock of Fayette, submitted the following report: Hon. W. C. Wade, the subject of this sketch, was born in Brooks county, Georgia, in 1872. His boyhood was spent on his father's farm near Quitman, Ga. He was ~ducated in the common schools of Brooks county and in the high school of Quitman. In the early nineties he began the study of law and was shortly afterwards admitted to the bar. He successfully practiced law for several years, and in 1896 purchased the Quitman Free Press, which journal he conducted on a high plane, in connection with his law practice, until the time of his death. A RESOLU'riON. Whereas, An all-wise Providence has, since our last session, seen fit to remove from our midst the Hon. W. C. Wade, representative from the county of Brooks; and '\Yhereas, By his gentle and kindly demeanor he had endeared himself to his fellow members; and MoNDAY, OcTOBER 30, 1899. 155 whereas, His faithful service as a legislator deserves recognition at the hands of his colleagues; therefore be it Resolved by the House of Representatives, while we bow in submission to the decree of Providence, we greatly deplore the death of our colleague. Be it further resolved, That as a mark of respect for the memory of our deceased brother member, that at the end of these memorial exercises this House shall stand adjourned until Monday morning, October 30, at 10 o'clock a.m. A. 0. BLALOCK, D.P. RosE, s. SA:M BENNETT. Leaves of absence were granted to the following members, to wit: Messrs. Castleberry, Anderson of Bartow, Johnson of Bartow, Smith of Hancock, Lane of Early, Walker of Crawford. Out of respect to the memory of the several deceased members of the General Assembly, and in compliance with provisions of the above resolutions, the Speaker announced the Home adjourned until 10 o'clock a.m., Monday. Atlanta, Ga, :Monday October 30, 1899. The House met pursuant to adjournment at 10 o'clock a.m. this day, and was called to order by the Speaker and opened with prayer by Ron. G. R. Glenn, State School Commissioner. 156 JouRNAL oF THE HousE. On call o the roll those answering to their names were Messrs.- Adams, Farmer, Knowles, Adamson, Felker, Lane of Bibb, Allen, Fender, Lane of Sumter, Anderson, Freeman, Laing, Arnold, Franklin, LaRoche, Barron, Ford, .Latimer, Bass, Fort, Lee, Bennett of Mitchell, Gay, Longino, Bennett of Pierce, George, Martin, Beauchamp, Gresham, Mayson, Bell of Forsyth, Greene, Maxwell, Bell of Spalding, Griffin of Greene, Merritt, Black of Dawson, Griffin of Twiggs, Mitchell, Black of Whitfield, Griffith, Moore, Blalock, Hall, Morris, Bond, Bowen, Hammett, Hamby. Mullens, McCranie, Bower, Hardin of Liberty, McDonald, Brandon, Hardin of Wilkes, McElreath, Brown of Bryan, Hardwick, McFarland, Brown of Carroll, Harrison, McGehee, Bryan, Harris, McLaughlin, Bush, Harrell, McLennan, Bynum, Harvard, McRae, Calvin, Hathcock, Newton, Carlton, Hendricks, Ogletree, Carter, Henderson of Irvin, Ousley, Chappell, Henderson of Washt'n,Overstreet, Cook, Herring, Pace of Newton, Copeland, Hill, Padgett, Crossland, Howard, Pate of Gwinnett, Darnell, Hopkins, Park of Greene, David, Holder, Park of Troup, Denney, Hosch, Post, Dews, Hutchins, Price, Dickey, Jarnagan, Rawls of Effingham, Drawdy, Johnson of Appling, Rawls of Wilkinson, Duncan, Johnson of Floyd, Reid, Ellis, Johnson of Lee, Reynolds, Emanuel, Jones of Burke, Richardson, Easterlin, Jordan of Jasper, Rogers, Everett of Stewart, Jordan of Pulaski, Rose, MoNDAY, OcTOBER 30, 1899. 157 Rudicil, Simpson, Singletary, Slaton, Sloan, Smith of Hall, Spinks, Speer, Starr, Stubbs, Sturgis, Stewart, Stone, Watkins, Swift, West, Tanner, Whiteley, Tatum, Williams of Emanuel, Taylor, Williams of Lumpkin Tisinger, Willingham, Timmerman, Wood, Tracy, Woodall, Turner of Rockdale, Wooten, Upchurch, )" a t e s , walker of Brooks, Mr. Speaker. \Valker of Union, Those absent were Messrs.- Castleberry. Lane of Earley, Everett of Polk, McCants, Hammond, McDonough, .Johnson of Baker, McMillan, .Johnson of Bartow, Smith of Hancock, Snell, Turner of Henry, Walker of Crawford . Mr. Bond of Madison, Chairman of the Committee on Journals, reported that the journal of Saturday's proceedings had been examin.ed and approved. The journal was read and confirmed. On the call of the roll of counties for the introduction oi new matter, the following bills were introduced, read the first time and appropriately referred, to wit: By Mr. Walker of BrookS-- A bill to be entitled an act to authorize the forfeiture and retirement of the shares of stock of delinquent subscribers to the capital stock of corporations without a sale or suit, and for other purposes. Referred to General Judiciary Committee. 158 JouRNAL OF THE HousE. By Mr. Carlton of Clarke-- A resolution providing for the enlargment of the annual visiting committees to the State University, and for other purposes. Referred to the Committee on Education. By Mr. Post of Coweta- A bill to be entitled an act to regulate the granting of new trials in .suits fur damages, and for other purposes. Referred to General Judiciary Committee. By Mr. Post of Coweta~ A bill to be entitled an act to repeal section 2763 of volume 2 lf the Code, and for other purposes. Referred to General Judiciary Committee. By Mr. Denny of Floyd- A bill to be entitled an act to regulate the insurance business in Georgia, and for other purposes. Referred to General Judiciary Committee. By Mr. Slaton of Fulton- A bill to be entitled an act to amend ~ection 5518 o theCivil Code, and for other purposes. Referred to General Judiciary Committee. MoNDAY, OcTOBER 30, 1899. 159 By Mr. Howard of Dooly- A bill to be entitled an act to prohibit the sale of cigarettes or cigarette papers in Georgia, and for other purposes. Referred to General Agriculture Committee. By ~fr. Jordan of Jasper- A bill to be entitled an act to prohibit the sale or manufacture of spirituous liquors in the county of Jasper, and for other purposes. Referred to Committee on Temperance. By Mr. Bass of Habersham- A bill to be entitled an act, to prohibit public officers from charging mileage, etc., when the same is furnished them free, and for other purposes. Referred to General Judiciary Committee. By Mr. Slaton d Fulton- A bill to be entitled an act to regulate the practice respecting bills of exception $159,530 84 Gross earnings for the year ending June 30, 1898: Passenger ............................. $16,755 36 Mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,228 53 Express . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 666 3:) Freight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52,682 41 Total . . . . . . . . . . . . . . . ........... $72,332 70' 166 JouRNAL OF THE HousE. Gross earnings from May 8, 1897, to June 30, 1899: Passenger . . . . . . . . . . . . . . . . . . ......... $ 36,485 69 Mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,787 73 Express . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,416 26 Freight . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110,822 57 Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . 194 50 $153,706 75 The following bills were read the third time and put upon their passage, to wit: .By Mr. Bower of Decatur- A bill to be entitled an act to amend section 2219 of the Code of 1895, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On passage of the bill the ayes were 92, nays 0. So the bill having received the requisite constitutional majority was passed. J3y Mr. Price of Oconee- A bill to be entitled an act to amend section 1552, volume 1 of the Code of 1895, and for other purposes. The report of the committee, which was favorable to the passage of the bill was agreed to. On passage of the bill the ayes were 103, nays 0. So the bill having received the requisite constitutional majority was passed. MONDAY, OCTOBER 30, 1899. 167 By ltir. Price of Oconee- A bill to be entitled an act to amend section 508, volume :3 of the Code, and for other purposes. The report of the committee, which was favorable to the Tassage of the bill, was disagreed to and the 1->ill was loF>t. On motion of Mr. Post of Coweta, Rouse bill No. 274, the same being a bill to fix the price of Georgia reports, was tabled. By Mr. Turner of Henry- A hill to be entitled an act to republish certain Georgia Reports, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On passage of the bill the ayes were 123 and the nays 0. 'f .. So the bill having received the requisite constitutional majority was passed. On motion of Mr. Chappell of Muscogee, House bill No. 280, the same being a bill to amend paragraph 1 of section 1 of article 7 of the Constitution of Georgia was tabled. Mr. \Voodall, of Talbot, moved that in the absence of the -author, Houoe bill No. 305, the same being a bill to prevent -certain persons from drawing pensions, and for other purposes, be tabled, which motion prevailed. 168 JouRNAL oF THE HousE. By Mr. Brown of Carroll- A bill to be entitled an act to provide for the granting of permanent teachers' license to the graduates of Bowden College in the couuty of Carroll, and for other purpOf!8S. The report of committee, which was favorable to the passage of the bill was disagreed to and the bill was lost. . By unanimous consent, the folowing bills were introduced read the ;6.f~Uime, and appropriately referred, to wit:. By Mr. Ellis of Bibb~ A resolution to authorize the board of trustees of theStatE) Sanitarium to pay J. W. Wilcox the sum of $400.00,. and for other purposes. Referred to Committee on Appropriations. By Mr. Black of Whitfield- A bill to be entitled an act to amend an act entitled an act to amend the charter of the city of Dalton, and for otherpurposes. Referred to Committee on County and County Matters. By Mr. Lane of Bibb- A bill to be entitled an act to prohibit the making, forging or counterfeiting cards, etc., and for other purposes. Referred to General Judiciary Committee. MoNDAY, OcTOBER 30, 18~9. 169'- By Mr. Slaton of Fulton- A bill to be entitled an act to amend an act entitled "an Act to incorporate the Germania Loan and Banking Company of Atlanta, and for other purposes. Referred to General Judiciary Committee. By Mr. Black of Whitfield- A bill to be entitled an act to repeal an act regulating the taking of fish in the streams of Whitfield county, and for other purposes. Referred to Committee on County and County Matters.. By Mr. Bryan of Floyd- A bill to be entitled an act to require the several public. institutions of this State to have a special day to pay all laborers, etc., and for other purposes. Referred to Special Judiciary Committee. On motion of Mr. Calvin of Richmond, House bill No. 193, the same being a bill to carry into effect paragraph 1 of section 4, article 8 of the State Constitution, and for other purposes, was taken from the table and recommitte!l to the Committee on Education. On motion of Mr. Hall of Bibb, House bill No. 71, the same being a bill to amend section 2323 of the Code of 1895, and for other purposes, was recommitted to Committee on General Judiciary. The following joint resolution was introduced and read: the first time, to wit: :I 70 JouRNAL oF THE HousE. J3y Mr. Carlton of Clarke- .L\ resolution providing for the appointment of a special ,committee from the General Assembly to visit the State Normal School at Athens, and for other purposes. On motion of Mr. Carlton, the resolution with amend:lUents was tabled. On motion of :Mr. Griffin of Greene, House bill No. 203, the same being a bill to amend paragraph 3, section 4, article 3 of the Constitution, was withdrawn. On motion of Mr. Moore of Carroll, House bill No. 332, the same being a bill to move the county site of Wilcox county was made the special order for "\Vednesday N ovember 8th, 1899, after special order already set. The following bills were, by unanimous consent, introduced, read the first time and appropriately referred, to wit: By !fr. Carlton of Clarke- A bill to be entitled an act to amend section 2876 of the Code, and for other purposes. Referred to Ways and Means Committee. By Mr. Swift of Elbert- A bill to be entitled an act to require all persons offering -for sale hay, shucks, cottonseed hulls, etc., in bales, to mark Or stamp same, and for other purposes. Referred to Committee on Agriculture. MoNDAY, OcTOBER 30, 1899. 171 'ByMr. Ellis o Bibb- A bill to be entitled an act to provide compensation or expert witnesses, and or other purposes. Referred to General Judiciary Committee. By }fr. Ellis of Bibb- A bill to be entitled an act to render physicians and sur;geons incompetent to testify in civil cases as to certain information acquired while consulting or attending a patient, and for other purposes. Referred to General Judiciary Committee. On motion of Mr. Park of Greene, House bill No. 324, the same being a bill to require all persons or firms -doing a private banking business to have stamped on their tationery the words "not incorporated," was tabled. By unanimous consent, the following bill was made the .special order after the orders already set for Wednesday, November 8th, 1899, to wit: By 1Ir. Pace of Newton- A bill to be entitled an act to alter and amend paragraph 2, section 2, article 7 of the Constitution, and for other 1)urposes. By unanimous consent, and upon request of Mr. Pace of Xewton, House bill No. 249, which was made the special order for "\Yednesday November 8th, 1899, was displaced. On motion of Mr. Lane of Bibb, House bill No. 343, the same being a bill to provide for the record of judgments and decrees of mits transferring or affecting the titles to :real estate, etc., was tabled. 172 JouRNAL oF THE Hou~:~E. The following bill was read the third time and put uporu its passage, to wit: By :Mr. Lane of Bibb- A bill to be entitled an act to amend section 4517 of the Civil Code of Georgia, and for other purposes. The report of the committee, which was favorable to the passage of the bill was agreed to. On passage of the bill the ayes were 90, nays 0. So the bill having received the requisite constitutional majority was passed. Leaves of absence were granted the following members, to wit: :Mr. Rose of Camden, :Mr. vVatkins of Gilmer, Mr. Black of Whitfield, Mr. Hamby of Rabun, Mr. Jordan of .Jasper, Mr. Tatum of Dade. On motion of :Mr. McLaughlin of :Meriwether, the Houeeadj'ourned until 10 o'clock to-morrow morning. Atlanta, Ga., Tuesday, October 31, 1899. The House met pursuant to adjournment, at 10 o'clock a~m. this day, was called to order by the Speaker and opened with prayer by the Chaplain. TuESDAY, OcTOBER 31, 1899. 173 1Jpon the call o the roll those answering to their names were Messrs.- .Adams, Ellis, Johnson of Bartow, .Adamson, Emanuel, Johnson of Floyd, Allen, Easterlin, Johnson of Lee, Anderson, Everett, of Stewart, Jones of Burke, Arnold, Farmer, Jordan of Jasper, Barron, Felker, Jordan of Pulaski, Bass, Fender, Knowles, Bennett of Mitchell, Freeman, Lane of Bibb, Bennett of Pierce, Franklin, Lane of Early, Beauchamp, Ford, Lane of Sumter, Bell of Forsyth, Fort, Laing, Bell of Spalding, Gay, LaRoche, Black of Dawson, George, Latimer, :Black of Whitfield, Gresham, Lee, Blalock, Greene, Longino, Bond, Griffin of Greene, Martin, Bowen, Griffin of Twiggs, Mayson, Bower, Griffith, Maxwell, randon, Hall, Merritt, Brown of Rryan, Hammett, Mitchell, Brown of Carroll, Hardin of Liberty, Moore, Bryan, Hardin of Wilkes, Morris, Bush, Hardwick, Mullens, Bynum, Harrison, McCants, ()alvin, Harris, McCranie, Carlton, Harrell, McDonald, Carter, Harvard, McDonough, Castleberry, Hathcock, 1\IcElreach, 'Chappell, Hendricks, McFarland, Cook, Henderson of Washt'nMcGehee,