Journal of the House of Representatives of the State of Georgia at the regular session of the General Assembly at Atlanta, Wednesday, October 22, 1902

JOURNAL
OF
'
House of Representatives
OF THE
STATE 0F GEORGIA
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMBLY
At Atlanta, Wednesday, October 22, 1902.
ATLANTA, GA. GEO. W, HARRISOIO, STATE PRINTER (THE FRANKLIN PRINTING AND PUBI.ISHING CO.)
1902

JOURNAL.

Atlanta, Georgia, Wetlnesday, October 22, 1902.

The Honse of Hepresentatives convened this day, pursuant to the law of Georgia, at 10 o'clock a.m.; was called to order by Hon.Tno. T. Boifenillet, Clerk of the last Honse, and opened with prayer by the Rev. C. S. T. Strickland of the county of Tattnall.

The rQll was called by counties, and the following members-elect came for"ard and were sworn in as members of the Honse, the oath of office being aclministercd by Hon. ~T.T. Simmons, Chief .Tustice of the Supreme Court of Georgia:

Adams, Akin, Alexander, Alford, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Bowen,

Boy kin, Brinson, Brock, Brown, Bruce, Ruchan, Buchannon, Burton, Bush, Butts, Calvin, Candler, Cann, Carr, Carrington,

Carswell, Cliatt, Conner, Cook, Cromartie, Crumbly, Daves, Davis, Davison, Deal, Derrick, Dozier, Duckett, Duggan, Dunbar,

4

JOURNAL OF THE HOUSE.

Edwards,

Knight,

Rainey,

English,

Knowles,

Rankin,

Ennis,

IJane,

Rawls,

Evans,

Lanier,

Reid,

Felder,

Lawrence,

Rice,.

Fields,

Little,

Richardson,

Flanigan,

Lowe,

Ridley,

Flynt,

Mann,

Rogers of Hall,

Foster of Oconee, Maples,

Rogtrs ofMclntosh,

Foster of Towns, Martin,

Roper,

Franklin,

Mayson,

Rountree,

Fussell,

Miller of Bullock, Sanders,

Gaulden,

Miller of Muscogee, Shackelford,

George,

Mills,

Shannon,

Glenn,

Mitcham,

Singletary,

Grenade,

Mitchell,

Slaton,

Grice,

Mizell,

Spence,

Griffin,

Morris,

Stanford,

Hall,

Morton,

Steed of Carroll,

Hardeman,

Moses,

Steed of Taylor,

Harden,

Mulherin,

Stewart,

Hawes,

McBride,

Stovall,

Hayes,

McCurry,

Strickland,

Hendry,

McElmurray,

Thompson,

Henry,

McHenry,

Thurman,

Hicks,

McLain,

Tigner,

Hixon of Carroll, McRae,

Tracy,

Hixon of Sumter, Newton,

Underwood,

Holder,

Nisbet,

Valentine,

Houston,

Owen,

Walker of Monroe,

Howard of Baldwin, Overstreet,

Walker of Pierce,

Howard of Laurens, O'Quinn,

warren,

Howell,

Parker,

Watson,

Hutcheson,

Pate of Dooley,

welch,

.Johnson of Baker, Pate of Gwinnett, Wellborn,

Johnson of Clinch, Paulk of Coffee,

West.

Johnson of Crawford, Paulk of Irwin,

Whitley,

Jones of Dougherty, Peyton,

Wilson,

Jones of Pickens, Phillips of Jefferson, Wise,

Kelly,

Phillips of Quitman, Womble,

Kendrick,

Preston,

\V ooten,

Kent,

Proctor,

Yates.

Kilburn,

Those absent were Messrs.-

Berry,

Redwine.

WEDNESDAY, OCTOBER ~2, 1902.

5

From the county of
Appling-J. A. Cromartie. Baker-A. S. Johnson. Baldwin-J. D. Howard. Banks-E. L. Duckett. Bartow-Jno. W. Akin, J. J. Conner. Berrien-J. P. Knight. Bibb-T. S. Felder, J. H. Hall, L.T. Kilburn. Brooks-S. S. Gaulden. Bryan-L. M. Lanier. Bullock-A. l\I. Deal, I. L. Miller. Burke-D. E. Nisbet, J. F. :McElmurray. Butts-J. 0. Beauchamp. Calhoun-J. T. Stewart. Camden-J. J. Proctor. Campbell-C. S. Reid. Carroll-E. T. Steed, J. T. Hixon. Catoosa-W. H. Yates. Charlton-.T. S. l\{izell. Chatham-P. A. Stovall, Wm. Harden, J. Ferris Cann. Chattahoochee-D. J. Fussell. Chattooga-W. A. P. Lowe. Cherokee-W. D. Mills. Clarke-T. J. Shackleford. Clay-Clarence Wilson. Clayton-A. B. Mitcham. Clinch-R. B. Johnson. Cobb-A. P. Mci.-ain, N. A. Morris. Coffee-T. L. Paulk. Columbia-J. L. Cliatt. Colquitt-G. W. Newton. Coweta-C. L. l\foses. Crawford-A.T. Johnson.

6

jOURNAL OF THE HOUSE.

Dade-J. R. Brock. Dawson-Amos Hoper. Decatur-S. Russell Brinson. DeKalb-J. W. l\rayson, C. :M. Candler. Dodge-D. 2\1. Buchan. Dooly-S. R. FiPl<ls, J. S. Pate. Dougherty-E. R. Jones. Dong-las-T. R. \rhitky. Early-\Y. A. Buehannon. Echols-Hcnry Y. Yalentine. Effingham-~[organ Haw Is. Elbcrt-P. :M. Hawes, L. II. 0. ~[artin. Emanuel-Goo. H. Bell, Goo. ~I. "'arrcn. :Fannin-D. C. Daves. Fayette-J. \V. Wise. Floyd-W. S. :1\Iclic>nry, \Y. A. Knowles, \Y. II. Ennis. Forsyth-l\L Bart Rice. Franklin-B. H. Bnrton. Fulton-.T. J\I. Slaton, H. B. Blaeklmrn, C. C. Houston. Gilmer-W. R. Welcl1. Glascock-T.T. l\L Kelly. Glynn-Eustace C. Butt~. Gordon-\V. R. Haukin. Greene-R E. ])avidson. Gwinnett-.T. C. Flanigan, T. A. Pate. Jiabersham-.T. T. Peyton. Hall-B. A. Hmlgc>rs, .T. L. Thompson. Hancock-IT. II. Little. Haralson-R B. lintehcson. Harris-L. J. Stanford. Hart-.Jnlian B. l\lcCnrry. Heard-.J. B. San<lers. ITenry-T. \Y. He<lwinc. ITouston-R. E. Brown, C. C. Richardson.

WEDNESDAY, OCTOBER 22, 1902.

7

lrwin-.T. W. Paulk. Jackson-L. G. IIar<lman, .Tno. X. Holder.
Jasper-\Y.T. l\L Preston. Tcfferson-.T. P. Phillips.
Johnson-.T. L. Kent. .Tones-L. C. :Morton. Ianrens-.T. B. IIickR, H. P. Howard. l~eo-.T. ~I. :McBride. J,iberty-R S. Hendry. l~incoln-.T. H. Hoykin. Iowndes-W. S. West, E. J. l\fcHce. Inmpkin-G. D. Bruce, 1\fncon-J. E. Hayes. 1\fadison-L. N. Carrington. l\farion-~1. R. Edwards. l\IcDnffie-.T. D. Watson. l\Iclntosh-W. H. Rogers (eolored). l\reriwether-C. L. DaYis, \Y. S. JIO\rell. :Miller-J. A. IJnsh. l\Iilton-W. L. Boll. Mitchell-I. Maples. :Monroe-E. H. Walker, J. R. Shannon. 1\lontgomery-\Y. T. \Yoc-tcH. l\[organ--Emerson IT. George. Mnrray-W. ],, Henry. l\[nscogee-B. S. ~liller, G. Y. Tignor. Ncwton-X. C. Carr. Oconco-T. ~!\I. }~ostor. Oglothorpo-N. D. Arnold. Panl<ling-W. H. Beall. Pickens-W. l\T. Jones. Piereo-E. L. Walkor. Pike-Emmett M. Ow('n. Polk-J. B. Ayers.

8

JOURNAL OF THE: HOUSE;,

Pulaski-Warren Grice. Putnam-Geo. W. Adams. Quitman-M. N. Phillips. Halmn-J. H. Den;ick, Jr. Randolph-I~. A. Duggan. Richmond-C. E. Dunbar, P. :M. :Mulherin, )f. V. Calvin. Rockdale-W. V. Almond.. Schley-E. S. Baldwin. Screven-E. K. Overstreet. Spalding-J.T. :Flynt. Stewart-J. D. Crumbly.
Sumter-.Tas A. Hixon, ,V. T. Lane.
Talbot-J. T. Parker. Taliaferro-J. A. Kendrick. Tattnall-Henry 11ann, C. S. T. Strickland. Taylor-W. E. Steed. Telfair-J. F. Cook. T~rrell-E. L. Rainey. Thomas-J. B. Rountree, J. R Singletary, F. ~[itchell. Towns-L. G. Foster. Troup-E. N. Dozier, .T. B. Ridley. Twiggs-H. T. Griffin. Union-C. J. "\Vellborn, Jr. Upson-)f. D. Womble. Walker-B. F. Thurman. Walton-J. 0. Law1ence, C. ~I. Booth. Wa1e-Jno. :M. Spence, Jr. Warren-Jas. JL English. Washington-H. :M. Franklin, A. W. Evans. Wayne-G. W. O'Quinn. Webster-C. C. Tracy. 'Vhite-J. W. H. Underwood. Whitfield-Geo. G. Glenn. Wilcox-R. V. Bowen.

WEDNESDAY, OCTOBER 22, 1902.

9

Wilkes-Columbus Grenade, C. A. Alexander. Wilkinsron-G. H. Carswell. Worth-W. L. H. Alford.

The Clerk then announced that the first business in order was the election of a Speaker of the House for the ensuing term of two years.

Mr. W. S. West, of the county of Lowndes, placed in .nomination the Honorable Fonderin 1.1:itchell, of the county of Thomas, which nomination was seconded by
. Messrs. I~ane of Sumter, Knight, Bush, Felder and others.
Mr. Akin, of the county of Bartow, placed in nomination the Honorable Newton A. Morris, of the county of Cobb, which nomination was seconded by Messrs. Slaton, Flint, Knowles, Brock, Bruce, Cann, :McBride, Booth, Davis, Miller of Muscogee, and others.

Mr. Candler, of the county of DeKalb, placed in nomi-
nation the Honorable Emerson It. George, of the county
of Morgan, which nomination was seconded by Messrs. Hawes, Carr, McElmurray, Adams and others.

There being no other nominations, a ballot viva voce was had, and the vote w~s as follows:

Those voting for Hon. Newton A. Morris-

Akin, Ayers, Beall, Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth,

Brock, Bruce, Calvin, Cann, Conner, Daves, Davis, Derrick,

Dozier, Duckett, Ennis, Flanigan, Flynt, Foster of Towns, Franklin, Fussell,



10

JOURNAL OF THE HOUSE.

Grenade,

Mitcham,

Rogers of Hall,

Henry,

Moses,

Roper,

Hixon of Carroll, Mulherin,

Shannon,

Holder,

McBride,

Slaton,

Houston,

McCurry,

Stanford,

Johnson of Clinch, McHenry,

Steed of Carroll,

Jones of Dougherty, McLain,

Steed of Taylor,

Jones of Pickens, Owen,

Stewart,

Kelly,

Parker,

Thompson,

Kendrick,

Peyton,

Thurman,

Kent,

Phillips of Jefferson, Warren,

Knowles,

Phillips of Quitman, W-lch,

Little,

Rainey,

Wellborn,

Lowe,

Rawls,

Wilson,

Mayson,

Reid,

Wise,

Miller of Muscogee, Rice,

'Vomble,

Mills,

Hidley,

Yates.

Those voting for Ron. Fonderin Mitchell-

Alford, Bowen, Boy kin, Brinson, Brown, Buchan, Buchannon, Bush, Butts, Carrington, Cliatt, Cook, Cromartie, Crumbly, Deal, Duggan, Dunbar, Edwards, English, Felder, Fields, Foster of Oconee, Gaulden, George,

Glenn,

O'Quinn,

Grice,

Pate of Dooly,

Griffin,

Pate of Gwinnett,

Hall,

Paulk of Coffee,

Harden,

Paulk of Irwin,

Hayes,

Proctor,

Hendr:v

Hankin,

Hicks,

Richardson,

Howell,

Rogers of Mcintosh,

Hutcheson,

Rountree,

Johnson of Baker, Sanders,

.Johnson of Crawford, Singletary,

Kilburn,

Spence,

Knight,

Stovall,

Lane,

Strickland,

Lanier,

Tigner.

Mann,

Tracy,

l\Japles,

Underwood,

Miller of Bullock, Yalentine,

Mizell,

walker of Monroe,

McRae,

Walker of Pierce,

Newton,

"'est,

Nisbet,

Wooten.

WEDNESDAY, OCTOBER 22, 1902.

11

Those voting for Hon. Emerson H. George-

Adams, Alexander, Almond, .Arnold, Baldwin, Burton, Candler, Carr, Carswell,

Davison,

Mitchell,

Evans,

Morton,

Hardeman,

McElmurray,

Hawes,

Overstreet,

Hixon of Sumter, Preston,

Howard of Baldwin, Shackelford,

Howard of Laurens, Watson,

Lawrence,

Whitley.

Martin,

Those not voting-

Berry,

Morris,

Redwine.

On counting the ,otes cast it was found that :Mr. Morris ha1lreceiYed 75; :Mr. l\[itchell 70; 1\[r. George 2G.
None of the candidates having received the requisite constitutional majority, another ballot was ordered taken, and on taking the ballot riva toce the Yote was as follows:

Those voting for Hon. Newton A. Morris-

Akin, Beall, Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Brock, Bruce, ()alvin, Cann, Conner, Crumbly, Daves,

Davis, Derrick, Dozier, Duckett, Ennis, Flanigan, Flynt, Foster of Towns, .Franklin, Fussell, Grenade, Hardeman, Henry, Hixon of Carroll,

Holder, Houston, Johnson of Clinch, Jones of Dougherty, Jones of Pickens, Kelly, Kendrick, Kent, Knowles, Little, Lowe, Mayson, Miller of Muscogeoe, Mills,

12

JOURNAL OF THE HOUSE.

Mitcham,

Rainey,

Moses,

Reid,

Mulherin,

Rice,

McBride,

Ridley,

McCurry,

Rogers of Hall,

McHenry,

Rop~r.

:McLain,

Shannon,

Owen,

Slaton,

P~yton,

Stanford,

Phillips of Jefferson, Steed of Carroll,

Phillips of Quitman,

Steed of Taylor, Stewart, 'l'hompson, Thurman, 'Varren, Welch, Wellborn, Wilson, Wise, Womble.

Those voting for Hon. Fonderin Mitchell-

Aiford, Ayres, Bowen, Boy kin, Brinson, Brown, Buchan, Buchannon, Bush, Butts, Carrington, Cliatt, Cook,
Cromarti~,
Deal, Duggan, Dunbar, Edwards, English, Felder, Fields, Foster of Oconee, Gaulden,
Georg~,
Glenn,

Grice,

Pate of Dooly,

Griffin,

Pate of Gwinnett,

Hall,

Paulk of Coffee,

Harden,

Paulk of Irwin,

Hayes,

Proctor,

Hendry,

Rankin,

Hicks,

Rawls,

Howell,

Richardson,

Hutcheson,

Rogers of Mcintosh,

Johnson of Baker, Rountree,

Johnson of Crawford, Sanders,

Kilburn,

Singletary,

Knight,

Spence,

Lane,

Stovall,

Lanier,

Strickland,

Mann,

Tigner,

Maples,

Tracy,

Miller of Bullock, Underwood,

Mizell,

Valentine,

McRae,

Walker of Monroe,

Newton,

Walker of Pierce,

Nisbet,

West,

O'Quinn,

Wooten,

Parker,

Yates.

Those voting for Hon. Emerson H,. George-

Adams, Alexander,

Almond, Arnold,

Baldwin, Burton,

WEDNESDAY1 OCTOBER 22, 1902.

13"

Candler, Carr, Carswell, Davison, Evans, Hawes, Hixon of Sumter,

Howard of Baldwin, Howard of Laurens, Lawrence, Martin, Mitchell, Morton,

McElmurray, Overstreet, Preston, Shackleford, Watson, Whitley.

Those not voting-

.Berry,

Morris,

Redwine .

On counting the votes cast it was found that :Mr. Morris had received 73; :Mr. :Mitchell 73; and J\fr. George 25.

Again it was ascertained that none of the candidates had received the requisite constitutional majority and anQther ballot viva voce was ordered. The vote was as follows:

Those voting for Hon. Newton A. Morris-

Akin, Alexander, Ayres, Beall, Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Bowen, Brock, Bruce, Calvin, Cann, Cliatt, Oonner, Daves, Davis,

Derrick,

Kendrick,

Dozier,

Kent,

Ducl;ett,

Knowles,

Ennis,

Lawrence,

Flanigan,

Little,

Flynt,

Lowe,

Foster of Towns, Mayson,

Franklin,

Miller of Muscogee,

Grenade,

Mills,

Hardeman,

Mitcham,

Henry,

Moses,

Hixon of Carroll, Mulherin,

Holder,

McBride,

Houston,

McCurry,

Johnson of Clinch, McHenry,

Jones of Dougherty, McLain,

Jones of Pickens, Owen,

Kelley,

Parker,

14

JOURNAL OF THE HOUSE.

Peyton,

Rogers of Hall,

Phillips of Jeffer~on, Roper,

Phillips of Quitman, Shannon,

Rainey,

Slaton,

Rawls,

Stanford,

Redwine,

Steed of Carroll,

Reid,

Steed of Taylor,

Rice,

l:!tewart,

Ridley,

Thompson,

Thurman, \Varren, Welch, Wellborn, Wilson, wise,
Womble, Yates.

Those voting for Hon. Fonderin Mitchell-

Alford, Boy kin, Brinson, Brown, Buchan, Buchannan, Bush, Butts, Carrington, Cook, Cromartie, Crumbly, Deal, Duggan, Dunbar, Edwards, English, Felder, Fields, Fussell, Gaulden, George, Glenn,

Grice,

Pate of Dooly,

Griffin,

Pate of Gwinnett,

Hall,

Paulk .of Coffee,

Harden,

Paulk of Irwin,

Hayes,

Proctor,

HPndry,

Rankin,

Hicks,

Richardson,

Howell,

Rogers of Mcintosh,

Hutcheson,

Rountree,

Johnson of Baker, Sanders,

Johnson of Crawford, Singletary,

Kilburn,

Spence,

Knight,

~tovall,

Lane,

Strickland,

Lanier,

Tigner,

1\Iann,

Trncy,

Maples,

Underwood,

Miller of Bullock, Valentine,

Mizell,

"ralker of Monroe,

McRae,

"\Valker of Pierce,

Newton,

"\Vest,

Nisbet,

Whitley,

O'Quinn,

Wooten.

Those voting for Hon. Emerson H. George-

Adams, Almond, Arnold, Baldwin, Burton,

Candler, Carr, Carswell, Davison, Evans,

Foster of Oconee, Hawes, Hixon of Sumter, Howard of Baldwin, Howard of Laurens,

WEDNESDAY, OCTOBER 22, 1902.

15

Martin, Mitchell, Morton,

McElmurray, Overstreet., Preston,

Shackelford, Watson.

Those not voting-

Berry,

.Morris

On counting the votes cast it was found that :Mr. l\Iorris had received 80; .Mr..Mitchell GU; 1Ir. George 23.

No one of the candidates having received the requisite constitutional majority, another ballot vtva voce was ordered, and the vote was as follows:

Those voting for Hon. Newton A. Morris-

Akin, Alexanuer, Arnold, Ayres, Beall, Beauchamp, Bell of I<lm:muel, Hell of l\lilton, BlackiJurn, Booth, Brock, Bruce, Calvin, Cann, Cliatt, Conner, Daves, Davis, Derrick, ])ozier, Duckett,
l~nnis,
Flanigan,

Flynt,

Moses,

l'oster of Towns, Mulherin,

Franklin,

McBride,

Grenade,

:\lcCurry,

Hardeman,

~IcHenry,

Henry,

~icLain,

Hixon of Carroll, Owen,

Hollier,

l'arl,;er,

Houston,

Peyton,

.Johnson of Clinch, Phillips of J etrerson,

.Jones of Dougherty, l'ilillips or Quitmau,

Jones of Pickens, Hainey,

Kelly,

Held,

Kendrick,

R1ce,

Kent,

Hillley,

Knowles,

Hogers of Hall,

Lawrence,

Hoper,

Little,

Shannon,

Lowe,

Slaton,

Mayson,

Stanford,

Miller of ~luscogee, Steed of Carroll,

Mills,

Steeu of 'l'aylor,

:\litcham,

Stewart,

Io
Thompson, Thurman, Warren,

JOURNAL OF THE HousE.

"'elch, "'ellborn, Wilson,

'Vise, "'omble, Yates.

Those voting for Hon. Fonderin Mitchell-

Alford, Baldwin, Bowen, Boy kin, Btinson, Brown, Buchan, Buchannon, Bush, Butts, Carrington, Cook, Uromartie, Crumbly, Deal, Duggan, Dunbar, Edwards, English, FeldPr, Fields, Fussell, (;aulden, George,

Glenn,

l'ate of Dooly,

Gtice,

l'ate of Gwinnett,

Uri111n,

Paulk of Uo!Iee,

Hall,

Paulk of Irwin,

Hanlen,

Proctor,

Hayes,

Hankin,

Hendry,

H a w Is,

!-licks,

Hieltardson,

Howell,

Hogers of l\Iclntoslt,

Hutcheson,

Hountree,

Johnson of Hal.:er, Samlers,

.Tohnson of Urawford,Singletaty,

Killmrn,

Spence.

Knight,

Sto\all,

Lane,

Strickland,

Lanier,

'l'igner,

Mann, :\Iaples, l\Iiller of Bnllocl;:, l\Iizell, :\!cHaP, Newton, XiRbet, O'(luinn,

Tmey, l'rulPrwood, Valentine, "'alker of Monroe, "'alker of Pierce, West,
Whlt!P~'.
"'ooten.

Those voting for Hon. Emenon H. George-

Adams, Almond, Burton, Candler, Can, ('arswell, DaYison,
l~Jyans,

Fostpr of Oeonee, !\lorton,

Hawes,

l\IcB!murray,

Hixon of t'lnmter, OY!'rstreet,

Howard of Baldwin, Preston,

Howard or LaurPns, Hedwine,

l\fartin.

Shaekelford,

J\Iitehell,

"'atson,

WEDNESDAY, OCTOBER 22, 1902.

17

Those not'voting-

Berry,

l\Iorris,

On counting the votes cast it was :found that 1\Ir. Morris had received 78; ~lr. :Mitchell 72; and Mr. George 22.
None o:f the candidates having received the requisite constitutional majority, another ballot vwa voce was ordered, and the vote was as :follows :

Those voting for Hon. Newton A. Morris-

Akin, Alexander, Ayres, He all, Beauchamp, Hell of .lilmanuel, Hell or Milton, Blackburn, Booth, Brock, Bruce, Ualvin, Uann, Cllatt, Conner, Daves, Davis, Derrick, Dozier, Duckett, Ennis, Flanigan, Flynt, Foster of Oconee, Foster of 'J'owns, Franklin, Fussell,
2h j

Grenade,

Owen,

Hardeman,

l'arker,

Henry,

Peyton,

Hixon of Uarroll, l'hillips of J eftcrsou,

Holder,

Pnillips or l,luitma11.

Houston,

Hainey,

Johnson of Ullnch, Hawls,

Jones of Dougherty, Held,

Jones of Pickens, Hice,

Kelly,

Hidley,

'Kendrick,

Hogers of Hall,

Kent,

Shannon,

Knowles,

Slaton,

Lawrence,

Stanford,

Little,

Steed of Uarroll.

Lowe,

Steed of Taylor.

l\Iayson,

Stewart,

Miller of 1\Iuscogee, Thompson,

:\illls,

Tburman,

:\fitcham,

"'al'!en,

l\Ioses,

"'elch,

1\Iulherln,

'Vellborn,

McBride,

'Vllson,

1\IcUurry,

Wise,

:\lcHenry,

Womble,

McLain,

Yates,

JH

JOURNAL OF THE HOUSE.

Those voting for Hon. Fondren Mitchell-

Alford, Baldwin, How en, Boy kin. Brinson, Brown, Buchan, Buchannon, Hush, Butts, Carrington, Cook, Cromartie, Deal, Duggan, Dunbar, 1Mwards, J!:nglish, ]'elder, Fields, (;aulden, (;eorge, Ulenn,

Utice,

l'ate of Dooly,

Urittin,

l'ate of Uwinnett,

Hall,

l'aulk of Uo!Iee,

llatden,

Paulk of Irwin,

Hayes,

Proctor,

Hendry,

Rankin,

Hicks,

Richardson,

Howell,

Rogers of l\lclntosh,

Hutcheson,

Hountree,

.Tolmson of Baker, Sanders,

Johnson of Urawford,Singletary,

Killmrn,

l'1wnce,

Knight,

Stovall.

Lane,

Strickland,

Lanier,

Tigner,

:\I a n n ,

Traer.

Maples,

UndPrwood,

Miller of Bullock, Valentine,

l\!izell,

Walker of Monroe,

1\lcHae,

'Yalker of Pierce,

::-;'ewton,

West,

Nisbet,

'Vooten,

O'(luinn,

Those voting for Hon. Emerson H. George-

'\dams, Almond, Arnold, Burton, Candler, Carr, Oars well, Crumbly, Davlsou,

Evans,

l\lcl!llmUl'ray .

I-Inwes,

Overstreet,

Hixon of Sumter, !'reston,

Hownrd of Baldwin, Hedwine,

Howard of Laurens, Roper,

l\fartin,,

Shackelford,

1\fitchell,

Watson,

Morton,

Whitley,

Those not voting-

Berry,

Morris,

WEDNESDAY, OCTOBER 22, 1902.

19

It was ascertained, on counting the vote, that Mr. }.{orris had received 79; }.fr. Mitchell 68; Mr. George 25.

None o the candidates having received the requisite constitutional majority on this ballot, another ballot viva voce was ordered, and the vote was as follows :

Those voting for Hon. Newton A. Morris-

Akin, Alexander, Arnold, Ayres, Beall, Hell or Emanuel, Bell or Milton, Blackburn, Booth, Htock, Bruce, Calvin, Cann, Carr, Cllatt, Conner, Daves, DaYIS, Derrick, Dozier, Duckett, Ennis, I'lanigan, I'lynt, Foster of 'l'owns, I'ranklln,

Utenade,

Owen,

Hardeman,

Parker,

Henry,

Peyton,

Hixon or Carroll, l'hllllps or J etrerson,

Holder,

l'hlllips or Quitman,

Houston,

Rainey,

Johnson or Clinch, lteld,

Jones .or Dougherty, Rice,

Jones or Pickens, Ridley,

Kelly,

Rogers of Hall,

J<endrick,

Roper,

Kent,

Shannon,

I'i:nowles,

Slaton,

Lawrence,

Steed of Carroll,

Little,

Steed of Taylor,

Lowe,

Stewart,

Mayson,

Thompson,

:\Illlet or Muscogee, 'l'hurman,

Mills,

"'arren,

!'itcham,

Welch,

1\ .oses,

"'ellborn,

:\fulherln,

'Vilson,

l\IcBride,

'Vise.

McCurry,

"'omb!e,

McHenry,

Yates.

MC'Lain,

Those voting for Hon. Fondr~n Mitchell-

Alford, Baldwin, Bowen,

Hoy kin, Brinson, Brown,

Buchan, Buchannon, Hush,

20

JOURNAL OF THE HOUSE.

Butts, Carrington, Cook, Cromartie, Urumt>Jy, Deal, Duggan, Dunbar, Edwards, English, Felder, Fields, Foster of Oconee, Fussell, Gaulden, George, Glenn, Grice, Griffin, Hall, Harden,

Hayes,

Paulk of Uotree,

Hendry,

Paulk of Irwin,

Hicks,

Proctor,

Howell,

Rankin,

Hutcheson,

Rawls,

Johnson of Haker, Hicilardson,

Johnson of Urawrord,Rogers of 1\Iclntosh,

Kilburn,

Rountree,

Knight,

Sanders,

Lane,

Singletary,

Lanier,

Spence,

l\Iann,

Stovall,

l\Iaples,

Strickland,

1\liller of Hulloek, Tigner,

:.\Iizell, Me Rae,

'l'racy, Underwood,

Newton, Nisbet, U'Quinn, Pate of Dooly, Pate of Gwinnett,

Valentine, 'Valker of Monroe, "'alker of Pierce, 'Vest, "'ooten,

Those voting ior Hon. Emerson H. George-

Adams, Almond, Beauchamp, Burton, Candler, Carswell, Davison,
~Jvans,

Hawes,

Ov!'rstreet,

Hixon of ~umter, !'reston,

Howard of Baldwin, Redwine,

Howard of Lamens, Sliack!'lford,

:\Iartin, l\Jitchell, l\Iorton,

Stanford, "'atson, Whitley,

:\Iclillmurray,

Those not voting-

Berry,

:\Iorris,

On connting tho vote on this, the sixth ballot, it was
immd that 1fr. l\lorris had received 77; llfr. :Mitchell 72;
:ur. George 23.

WEDNESDAY, OCTOBER 22, 1902.

21

Another ballot viva voce was ordered, and the vote was as follows:

Those voting for Hon. Newton A. Morris-

Akin, Alexander, Ayres, Beall, Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Brock, Bruce, Calvin, Cann, Carr, Cllatt, Conner, Daves, Davis, Derrick, Dozier, Duckett, Ennis, Flanigan, Flynt, Foster of Oconee, Foster of 'l'owns, Franklin,

Fussell,

Owen,

Urena de,

Peyton,

Hardeman,

Phillips of J etrerson,

Henry,

Phillips or Quitman,

Hixon of Carroll, Rainey,

Holder,

Hawls,

Houston,

R~id,

Johnson of Ulinch, Hice,

Jones of Dougherty, Ridley,

Jones of l'ick~ns, Rogers of Hall,

Kelly,

Roper,

1\:endrick,

Shannon,

Kent,

Slaton,

Knowles,

Stanford,

Lawrence,

Steed of Carroll,

Little,

Steed of Taylor,

Lowe,

Thompson,

Mayson,

ThU!'IUan,

l\liller of Muscogee, Warren,

Mills,

Welch,

1\Iitcham,

Wellborn,

1\Ioses,

Whitley,

1\Iulllerln,

Wilson,

McBride,

Wise,

'McCurry, McHenry,

Womble, Yates,

1\IcLain,

Those voting for Hon. Fondren Mitchell-

Alford, Baldwin, Bowen, Boykin, Brinson, Brown, Buchan.

Buchannon, Bush, Butts, Carrington, Cook, Cromartie, Cl'llmbly,

Deal, Duggan, Dunbar, Edwards, Englisll, !<'elder; Fields.

22

JOURNAL OF THE HOUSE.

Gaulden,

Lanier,

George, Glenn,

~I a n n , /
:uaples,

Grice,

l\Illler of Bullock,

GritHn,

:\lizell,

Hall,

1\lcltae,

Harden,

Newton,

Hayes,

Nisbet,

Hendry,

O'Quinn,

Hicks,

Pate of Dooly,

Howell,

Pate of Gwinnett,

Hutcheson,

Paulk of Uolfee,

.Tohnson of Baker, Paulk of Irwin,

Johnson of Urawfora,Proctor,

K!Iburn,

Rankin,

Knight,

Richardson,

Lane,

Hogers of 1\Iclntosh, Hountree, Sanders, Singletary, Spence, Stewart, Stovall, Strickland, 'l'igner, Tracy, Underwood, Yalentine, 'Valker of 1\Ionroe, Walker of Pierce, 'Vest, 'Wooten.

Those voting for Hon. Emerson H. George-

Adams, Almond, Arnold, Burton, Candler, Carswell, Davison,
]~vans,

Hawes,

:\lel<Jlmurray,

Hixon of ::lumter, Overstreet,

Howard of Baldwin, l'atker,

Howard of Laurens, Preston,

1\Iartln,

Hedwine,

~l!tchell,

Shackelford,

1\Lorton,

"'atson,

Those not voting-

Berry,

;\!orris,

On counting the vote it was found that ~Ir. Morris had received 80; .Mr. Mitchell 70; :Mr. George 22.

::1\Ir. Candler of DeKalb, moved that the House take a recess until 3 o'clock p.m., which motion prevailed, and the Clerk announced the House adjourned until 3 o'clock this afternoon.

WEDNESDAY, OcTOBER 22, 1902.

23

3 O'clock p.m.

The hour of 3 o'clock having arrived, the House was again called to order by the Clerk.

On motion of Mr. Wellborn of Union, the roll-call was dispensed with.

The election of a Speaker having been under consideration at the time of adjournment of the morning's session, the House again proceeded with this business.
:Mr. Candler of DeKalb, then arose in his seat and addressed the following remarks to the House: He stated that Mr. George's supporters had had a conference, and while they had the same implicit confidence in his patriotism and ability which made them give him their loyal support, they had decided to leave the matter in his hands, and he, Mr. George, was now ready to make his announcement to the House.

l\ir. George then arose and stated that as he had the interest of Georgia, more than his own, at heart in the contest for the Speakership, and that inasmuch as he felt that the business of the House would be retarded by the deadlock in whieh it found itself, he stated that he would withdraw from the race.

There being now only two candidates in the race, another ballot viva voce was had, which was as follows:

Those voting for Hon . .Kewton A. Morris-

Adams, Akin,

Alexander, Almond,

Arnold, Ayres,

24

JoURNAL OF THE HOUSE.

Baldwin, Beall, Beauchamp, Hell of .l!lmanuel, Bell of Milton, Blacklmrn, Booth, Btock, Bruce, Burton, Calvin, Cann, Carr, Carswell, Cliatt, Conner, CmrubJy, Daves, Davis, Da\ison, Del't'ick, Dozlet, Duckett, Ennis, E\ans, !<'Ianigan, Flynt, I'oRter of Towns, Franklin, l<'m:sell, Gtenade, Grittln, Hardeman,

Hawes,

0\etstreet,

Henry,

Parker,

Hixon of Carroll, l'eyton,

Hixon of Sumter, Phillips of J etferson,

Holder,

Phillips or l.,luitmau,

Houston,

Hainey,

Howard of Baldwin, Hawls,

Howard of Laurens, Hedwine,

Johnson of Clinch, Reid;

.Tones of Dougherty, ltice,

Jones of l'ickens, Hidley,

Kelly,

Hogers of Hall,

K~;ndrlck,

Roper,

Kent,

Shackelford,

Knowles,

Shannon,

Lawrence,

Slaton,

Little,

Stanford,

Lowe,

Steeu of Carroll,

Martin,

Steed of 'l'aylor,

Mayson,

Stewurt,

Miller of l\Iuscogee, 8tritktand,

!\I ills,

Thompson,

Mitcham,

Th nrma n.

Mitchell,

'Yat'len,

:\loses,

"'atson,

Mulherin,

Welch,

l\IcBride,

Wellborn,

McCurry,

Wltit!C'y,

:\IcE!tuurray,

Wilson,

l\lcHemy,,

"'ise,

:\lcLaln, Owen,

"'omhle, Yates.

Those voting for Hon. Fondren Mitchell-

Alford, Bowen, Hoy kin, Brinson, Brown, Buchan,

Buchannon, Hush, Butts, Candler, Carrington, Cook,

Cromartie, Deal, Duggan, Dunbar, Edwatds, English,

WEDNESDAY, OcTOBER 22, 1902.

25

Felder,

Lane,

Fields,

Lanier,

l<'oster of Oconee, Mann,

-Gaulden,

Maples,

(;eorge,

l\IIIler of Bullock,

Glenn,

:\Iizell,

Grice,

:\Ionis,

Hall,

Morton,

Harden,

~fellae,

Hayes,

Xewton,

Hendry,

Nisbet,

Hicks,

O'Quinn,

Howell,

Pate of Dooly,

Hutcheson,

Pate of Gwinnett,

Johnson of Baker, Paulk or Uofl'ee,

.Tohnson or Urawford,Pnulk of Irwin,

I'\:ilburn,

Preston,

Knight,

Proctor, Hankin, IUchardson, Rogers of Mcintosh, Rountree, Sanders, Singletary, Spence, Stovall, 'l'igner, Tracy, Underwood, Valentine, \Valker of Monroe, \Valker of Pierce, West, wooten.

Not voting-
Berry.

On counting the vote it was found that :Mr. :Morris had recei\'ed 103 Yotes, and ~Ir. :Mitchell 70. Therefore, l\Ir. Morris having receiYed the requisite constitutional majority, was declared duly elected Speaker of the House for the ensuing term of two years.
Mr. :Miller of :Mnscogee, moved that a committee of three be appointed to escort the Speaker, :Mr. Morris, to the Chair. The motion prevailed, and the Clerk appointed Mr. Miller of l\[nscogee, l\1r. Knowles of Floyd, and Mr. Akin of Bartow.
The next business in order was the election of a Clerk Of the House.

26

JOURNAL OF THE HOUSE.

:Mr. Kilburn of Bibb, placed in nomination the Ron~ Jno. T. Boifeuillet, of the county of Bibb, which nomination was seconded by Messrs. Wellborn, Knight, Griffin,. Knowles, Miller, Mulherin and others.

~fr. Calvin of Richmond, placed in nomination the l-Ion. ~lark A. Hardin of the county of Fulton, whieh nomination was seconded by ~Ir. :McElmurray of Burke, and: others.

There being no other nominations, a ballot vwa voce was had, and the vote was as follows :

Those voting for Hon. J uo. T. Boifeuillet-

Adams, Alford, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Hell of ]j]manuel, Hell of Milton, Booth, Howeu, Boykln, Brinson, Brock, Brown, Bruce, Buchan, Buchannon, Burton, Bush, Butts, Candler, Uann, Carrington,

Carswell, Cliatt, Conner, Cook, C1omartie, Crumbly, Daves, Uavls, Deal, Derrick, Duckett, Duggan, Dunbar, ]j]dwards, English, Ennis, Evans, Felder, Fields, Flanigan, Flynt, Foster of Oconee, Foster of '!'owns; Franklin, Fussell,

Gaulden, (leorge, Uleun, U1enade, 4]rice, Urimn, Hall, Hardeman, Harden, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of Carroll, Hixon of ~umter, Holder, Houston, Howard of Baldwlnr Howara of Laurens, Howell, Hutcheson, Johnson of Baler, .Johnson of Clinch, John.son of Crawford.-

WEDNESDAY, OCTOBER 22, 1902.

27

Jones of Dougherty, McLain,

Sanders,

Jones of Pickens, :\lcHae,

Shackelfora,

Kelly,

Newton,

Shannon,

Kendrick,

Nisbet,

Singletary,

Kent,

Owen,

~laton,

Kilburn,

Overstreet,

Spence,

Knight,

O'Qu!nn,

Stanford,

Knowles,

Parker,

Steed of Uarroll,

Lane,

Pate or Dooly,

Steed of Taylor,

Lanier,

Pate of Gwlnnett, Stew&rt,

Lawrence,

Paulk of Uofl'ee,

Stovall,

Little, Lowe,

Paulk of Irwin, Peyton,

Strickland, 1.'hompson,

Mann,

Phillips of Jetrerson, Thurman,

Maples,

Phllllps or Quitman,, Tlgnet,

Martin,,

Preston,

'.rracy,

Mayson, Miller of .Bullock, Miller of Muscogee, Mills, Mitcham, Mitchell, Mizell, Morris, Morton, Moses, Mulherin, McBride, McUurry,

Proctor,

Underwood,

Rainey,

Valentine,

Rankin,

Walker of Monroe,

Rawls,

Walker of Pierce,

Hedwlne,

'Varren,

Held,

'Vatson,

Rice,

'Velch,

Hlchardson,

Wellborn,

Ridley,

'Vest,

Rogers of Hall,

Whitley,

Rogers of Mcintosh, 'VIse,

Roper,

Wooten,

Rountree,

Yates,

McHenry,

Those voting for Hon. Mark A. Harden-

Akin,. Alexander, .Blackburn,

Ualvln, Uarr,

Davison, Dozier,

Those not voting-

Berry, :1\fcEimurray,

Wilson,

Womble,

28

JOURNAL OF THE HOUSE.

On counting the votes cast it was found that Mr. Boifeuillet had received 163, and Mr. Hardin 7. However, after the name of Mr. Houston had been called, Mr. Calvin asked the unanimous consent of the House to be allowed to withdraw the name of l\Ir. Hardin from the race; which was granted.

Ur. Boifeuillet having received a majority of all the votes cast, was declared duly elected Clerk of the House for the ensuing term of two years, and a committee of three, consisting of :Messrs. Felder of Bibb, Hardeman of .Tackson and Steed of Taylor, were appointed to escort him to the desk.

The next business in order was the election of a Speaker pro tern., and the Hon. Julian :McCurry, of the county of Hart, placed in nomination the Ron. J. D. Howard, of the county of Baldwin.
There being no other nominations a ballot viva voce was had, and the vote was as follows:
Those voting for Hon. J. D. Howard-

Adams, Akin, Alexander, Alford, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell or .I!Jmanuel,

Bell of l\lilton, Blackburn, Booth, Bowen, Boy kin, Brinson, Brock, Brown, Btuce, Buchan, Bucbannon,

Burton, Bush, Butts, Uah'in, Uandler, Uann, Carrington, Carswell, Cliatt, Conner, Cool;:,

WEDNESDAY, OCTOBER 22, 1902.

29

Cromartie,

Howell,

Parket,

Crumbly,

Hutcheson,

Pate or Dooiy,

Daves,

Johnson of Haker, Pate of Gwinnett,

Davis,

Johnson or Clinch, Paulk of Cotree,

Davison,

Johnson of Crawford, Paulk of Irwin,

Deal,

Jones of Dougherty, Peyton,

Derrick,

Jones of Pickens, Phillips of Jefferson,

Dozier,

Kelly,

Phillips or Quitman,

Duckett,

K:mdrick,

Preston,

Duggan,

Kent,

Proctor,

Dunbar,

J(ilburn,

Hainey,

Edwards,

Knight,

Rankin,

English,

Knowles,

Hedwtne,

Ennis,

Lane,

Held,

Evans,

Lanier,

Hice,

Felder,

Lawrence,

Hichat'dson,

Fields,

Little,

Hidlcy,

Flanigan,

Lowe,

Rogers of Hall,

l'lynt,

l\lann,

Rogers of l\lclntosh,

l<'oster of Oconee, ~Iaples,

Hopet,

Foster of '!'owns, Martin,

Hountree,

Franklin,.

Mayson,

Sandets.

Fussell, Oaulden,

~Iiller of Hullock, Shackelfor<l,
:\1 iller ol' :\1uscogee, Shannon,

George,

~IIlls,

Singletary,

Ulenn,

~Iitcham,

Slaton,

Urenade,

:\IItchell,

Spence,

Grice,

::\I.Izell,

Stanford,

Grittln,

::\lonls,

Steed of Carroll,

Hall,

:\lorton,

Steed of 'l'aylor,

Hardeman,

1\Ioses,

Stewart,

Harden,

::\Iulherin,

Stovall,

Hawes,

::\IcHride,

Stricklan<l,

Hayes, Hendry,

::\IcCurry, l\lel<Jiinurray,

Thompson, Thurman,

Henry,

::\lcHenry,

Ti~net,

Hicks,

::\lcLain,

Hixon of Carroll, ::\IeHne,

Hixon of Sumter, Newton,

Holder,

~isbet,

Houston,

Owen,

Howard of Haldwln, ()ypr;;treet,

Howard of Laurens, ()'Quinn,

Tracy, Un<lPrw()od, Valentine. Walker of Monroe, 'Valker of Pierce, 'Varren, 'Vatson,

30
Welch, 'Wellborn, West,

JOURNAL OF THE HOUSE.

WhitlE'y, Wilson, Wise,

Womble, "'ooten, Yates.

Those not voting-

Berry,

Carr,

Rawls.

On counting the votes it was found that Mr. Howard had received 170, "hich being all of the votes cast, he was declared duly elected Speaker pro tem. for the ensuing term of two years.

The next business in order was the election of a doorkeeper.

}Iessrs. J. W. Willifre<l, T. D. Smith, Burroughs, Newe1l and Rosser, were placed in nomination, but later the names of Messrs. Rosser, Newell and Smith were withdrawn by the unanimous consent of the House; leaving only l\fr. \Villifred and 1Ir. Burroughs in the race.

A ballot riva voce "as had and the Yote was as follows:

Those voting for Mr. J. W. Willi fred-

Adams, Akin, Alford, Almond, Arnold, Ayres, Beall, Beauchamp, Bell of Emanuel, Bell of Milton, Berry, Blackburn, Hoy kin,

Brinson, Brock, Bruce, Buchan, Candler, Cann, Carr, Carrington, Connet, Cook, Crumbly, Daves, Davis,

DaYison, Deal, Derrick, Dozier, Duckett, Duggan, Dunbar, Edwards, English, Ennis, Feld'r, Fields, Flanigan,

WEDNESDAY, OcTOBER ~2, 1902.

31

.Flynt,

Little,

Riehardt~on,

Foster of Oconee, Lowe,

Ridley,

.Foster of 'l'owns, l\Iann,

Rogers of Mcintosh,

}'ranklin,

.\laples,

Roper,

Gaulden,

l\Iayson,

Hountree,

George,

l\Iillet of Hullock, Sanders,

Glenn,

l\lillet of l\Iuscogee, Shackelford,

Grenade,

l\Iills,

Shannon,

GritHn,

l\Iitcham,

Singletary,

Hardeman,

1\Iitchell,

Slaton,

Harden,

Morton,

rltanford,

.Hawes,

l\Ioses,

Steed ()f Carroll,

Hendry,

:.\lulherin,

Steed of Taylot,

Henry,

1\IcBride,

Stewart,

Hicks,

u l\1c Ul'l'Y'

StoYall,

Holder,

l\IcElmurray,

Strickland,

Houston,

McHenry,

Thompson,

Howard of Haldwin, :.\IcLa!n,

Thurman,

Howard of Lamens, l\JcHae,

'l'igner,

Howell,

Newton,

'l'racy,

Hutcheson,

Owen,

Underwood,

.Johnson of Haker, 0Yerstreet,

Valentine,

.Johnson of Olinch, ()'Quinn,

'Valker of Monroe,

Johnson of Urawford,Parker,

Walker of Pierce,

.Jones of Dougherty, Pate of Dooly,

'Vanen,

Jones of Pickens, Pate of Gwinnett, Welch,

Kelly,

Paulk of Uotree,

Wellborn,

Kendrick,

Paulk of Irwin,

.Whitley,

Kent,

Peyton,

Wilson,

Kilburn,

Phillips or Quitman, Wise,

Knight, Knowles, l.ane, Lanier,

Preston, Rawls, Proctor, Rainey,

'Vomble, Wooten, Yates, Mr. Speaker.

Lawrence,

Redwine,

Those voting for Mr. Burroughs-

Booth,

.,

Rankin,

West.

'i

Bowen,

Spence,

32

JOURNAL OF THE HOUSE.

Those voting for Mr. Newell-

Baldwin, Brown, Huchannon, Burton,

Butts, Calvin, Cromartie, Grice,

Hall, Hayes, Hixon of Uarroll, Phillips of Jel!erson~

Those voting for Mr. Rosser-
Alexander,

Those voting for Mr. Smith-
Evans,

Those not voting-

Cliatt,

:uartiu,

Uarswell,

l\llzell,

Fussell,

:\Iorris,

Hixon of 8umter, Nisbet,

Hice, Rogers of Hall, "'atson.

On counting the Yote it was ouiHl that -:\fr. Wil1ired had received 140, and -:\fr. Burroughs 5.

-:\Ir. Willired was therefore declared <lnly elected doorkeeper of the Honse for the ensuing term of two years.

The next business in order was the election of a -:\Icssenger of the House.

The JJamc;; of 1\Iessrs. T. R. Penn, R. E. Fort aml .T. H.
Land were placed in nomination, but later on the name of l\Ir. I.alHl was ,,ithdrawn by unanimous con;;cnt.

A ballot viva voce was then had, which was as follows:

Those voting for Mr. T. R. Penn-

Adams, Alexander, Almond, Arnold, Ayres, Bell of ]<;manuel, Booth, Bowen, Boykin, Buchan, Buchannon,

Burton, Butts, Cal yin, Candlet,
Carr,
Carrington, Carswell, Cliatt,
(~romartle,
Dayison, Derrich:,

Dunbm, :Evans, Franklin, Uaulden, Cleorge, GrPnade, Hardeman, Tiil.wes, Hayes, Henry, Hicks,

WEDNESDAY, OCTOBER 22, 1902.

33

Howard of Baldwin, l\IcUurry,

Shackelford,

Howard of Laurens, l\fc]j]Jmurray,

Shannon,

Johnson of B&ker, MeUae,

Singletary,

Jones of Dougherty, Newton,

Stovall,

Jones of l'lckens, Nisbet,

Thompson,

J\.endriek,

<>Yeistreet,

Thurman,

Knight,

l'ate of Gwlnnett, Underwood,

Lane,

Paulk of Uotfee,

Valentine,

Lanier,

Peyton,

'Valker of l\lomoe,

Lawrence,

Phillips of .Jefferson, Walker of Pierce,

Little,

Phillips or Quitman, 'Varren,

:Maples,

Preston,

'Vatson,

Martin,

l'roetor,

'Veleh,

Mayson,

nankin,

West,

l\I ills,

Hedwine,

Whitley,

Mitcham,

Rice,

Wilson,

l\Iitehell,

Rogers of Hall,

Womble,

Mizell, Mulherin,

Rogers of Mcintosh, 'Vooten,

~anders,

Yates,

.'lie Bride,

Those voting for Mr. R. E. Fort-

Alford, Baldwin, Beall, Blal'i,burn, Brinson, Brown, Bruce, Bush, Cann, Uook, Crumbly, Daves, Da\'JS, Deal, llozler, Duekett, Duggan. Edwards, English,
3h j

Fields, rfanlgan, Foster of Oconee, Foster of Towns, I'ussell, Hall, Harden, Hendry, Hixon of Uarroll, Hixon of 8umter, Holder, Houston, Howell, .Tohnson of Uhnch, 1\.elly, J(ilburn, Lowe, :\I a n n , l\Iill!!r of Bullock,

:\!iller of :lluscogcc, :\loses, :lie Henry, :\1<-Lnin, Parker, Pate of Dooly, Rainey, H a w is, Reid,
Riellard~>on,
Ridley, Roper, Hountree,
~laton,
Spence, Stanford, StePd of Carroll, Steed of Taylor, Stewart,

34
Strickland, 'l'igner,

JOURNAL OF THE HousE.

'Tracy, Wellborn,

Wise, 1\Il. Speal;:er.

Those voting for Mr. J. H. Land-

Al>:in, Beauchamp, Bell of l\lilton, lkock, Conner,

Felder, Flynt, Ulenn, Urice, Gtittin,

Hutcheson, Johnson of Crawford, Knowles,
Owen,
O'Quinn.

Those not voting-

Berry,
}1~nnis,

1\:<>nt,
~1forton,

Paulk of Irwin,

On consolidating the vote it was found that :Mr. Penn had received !)G; :Mr. Fort G:3. lir. Penn having received a majority of all the votes cast, he was declared duly electo!l ~fossenger of the Honse for the ensuing term of two yoats.
1\[r. Stee!l moved that a committee of three be appointed to select a Chaplain for the House, which motion prevailed, and tlto Speaker appointed as such committee Messrs: Stee1l, Mayson and Little.
The committee conferred only a short while, after which they returned and reported that they had selected aR Chaplain the Rev. T. B. Allen, of the county of DeKalb.
1\[r. Grice then moved that a committee ho appointed to notify the Govemor that tho Honse had organized and ""'as now ready for business, which motion prevailed.

WEDNESDAY, OCTOBER 22, 1902.

35

The Speaker appointed as such committee :Messrs. Grice, Pate of Gwinnett, Davis of }.~Ierriv,ether, Wilson and Knowles.

The Speaker then announced the following appointment:
For Postmistress-1\Irs. :Man<l Barke1 Cobb of the county of :Fulton.
The following resolutions were introduced, read and adopted, to wit:
By :ftir. :Felder of Bibb-
A resolution instructing the Clerk to immediately notify the Senate that the House is ready to transact business.

By :ftfr. Calvin of Richmond-

A resolution providing for the appointment of a committee of nine, of whom the Speaker is to be ex officio ch~irman, to report rules for the governing of the Honse, and providing further, that the rules of the House of 19001901 be declared of force until said committee reports.

:Mr. Steed of Taylor, moved to amend by making said committee a standing one, which was adopted. The resolution was then adopted as amended.

J3y Mr. Calvin of Richmond-

Resolved, That until otherwise ordered, the House shall meet at 10 o'clock a.m, and adjmnn at 1 o'clock p.m.

The resolution embodied in the following Senate mes sage was then read and concurred in, to wit:

36

JOURNAL OF THE HOUSE.

The following message was received from the Senate through 1fr. N orthen, the Secretary thereof:

Mr. Speaker:
I am directe<l to 11otify this branch of the General Assembl~ that the Senate has organized by the election of the lion. Clark Howell, of the i35th district, for President; tlw ITon. P .T. Snlli\an of the lSth district, as President pro tem.; the ITon. C'has. S. X orthen, of :Fulton <'Onnty, as Secretary; the lion. R. E. Wilson as Doorkeeper, an<l the Hon. Flynn Hargett as 1\Ie;:;senger.
The follmYing message was reeeiYe<l from the Senate throngh 1fr. N orthen, the Secretary thereof:

Mr. Speaker:
The Senate has adopted the following resolntion of the Senate, and respPctfnlly asks a concnrren<'e on the part of the House:

A resolution, That a committee of three from the Senate and fiye from the Honse, he appointed to notify the Governor that the General Assembly is organized ancl ready for lmsiJJC'SR, all(] tlw PommittPe on the pnl"t of the Sennte is Senators C'omas, .Tor<lan all(l Taylor.
~Ir. Grice of Pulaski, chairman on the part of the Honse of the joint committee to notify the GoYernor that the General Assembly had organized an<l was ready to receiYe any commnnicntion from his Excellency, submitted the following report:

WEDNESDAY, OCTOBER 22, 1902.

~7

M1. Speaker:

The joint committee to notify the Governor of the or-

ganization of the General Assembly, and to invite such

communication from him us he desired to transmit to the

Legislature, have to report:



That his Excellency congratulates both houses on their organization, and that he expressed his. intention of sending a communication in writing to each house soon after each is called to order to-morrow morning.

Respectfully submitted.
wARREN GRICE,
Chairman on the part of the House.

On motion of Ur. Felder of Bibb, the House adjourned untillO o'clock a.m. to-morrow.

38

jOURNAl, OF THE HOUSE.

Atlanta, Georgia,



Thursday, October 23, 1!)02.

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.

The roll was called and the following members answered to their names :

Adams, Akin, Alexander, Alford, Almond, Arnold,' Ayres, Baldwin, He all, Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Bowen, Boy kin, Brinson, Brock, Brown, Bruce, Buchan, Buchannan, Burton, Bush, Butts, Cal\'in,

Candler, Cann, Can, Carrington, Carswell, Cliatt, Conner, Cook, Cromartie, Crumbly, Daves, Davis, Davison, Derrick, Dozier, Duggan, Dunbar, English, Ennis, .!<]vans, Felder, Fields, Flanigan, Flynt, Foster of Oconee, Foster of 'l'owns,

Franklin, Fussell, Uaulden, George, Glenn, Grenade, Urice, Grittin, Hall, Hardeman, Harden, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of Carroll, Holder, Houston, Howard of Baldwin, Howard or Laurens, Howell, Hutcheson, ,Johnson of Clinch, Johnson of Crawford, Jones of Dougherty,

THURSDAY, OCTOBER ~3, 1902.

39

Jones of Pickens, Kelly, l{endrick, l{ent, l{ilburn, Knight, Knowles, Lane, Lanier, Lawrence, Little, Lowe, l\Iann, Martin, Mayson, Miller of Hullock, Miller of Muscogee, Mills, Mitcham, lllitchell, Mizell, Morton, Mosel!, Mulherin, McBride, 1\lcCurry, McElmurray, McHenry, McLain,

:\fcHae.

Shannon,

Newton,

Singletary,

Nisbet,

Slaton,

Owen,

Spence,

Overstreet,

Stanford,

O'Qulnn,

Steed of Carroll,

Parker,

Steed of Taylor,

l'ate of Dooly,

Stewart,

Pate of Gwlnnett, Stovall,

Paulk of Coffee,

Strickland,

Paulk of Irwin,

Thompson,

Peyton,

Thurman,

Phillips of J efl'erson, Tigner,

Phillips or Quitman, Tracy,

Preston,

Pnderwood,

Proctor,

'Yalker of Monroe,

Rainey, Hankin,

'Yalker of Pierce, 'Val'!en,

H a w Is,

'Vatson,

Hedwine,

'Velch,

Reid,

wellborn,

Rice, ttichardson,

'Vest, Whitley,

Ridley,

'Vilson,

Rogers of Mcintosh, Wise,

Roper, Rountree,

'Vomble, woo ten.

Sanders,

Yates.

Shackelford,

"Ir. Speaker.

Those ahRent were MeRsrs.-

Berry, Deal, Duckett,

Edwards, Hixon of ~umter, Johnson of Baker,

Maples, Rogers of Hall, Valentine.

On motion o 11Ir. Grice of Pulaski, the reading o the Journal of yesterday's proceedings was dispensed with.
The following resolutions were read and adopted, to wit:

40

JOURNAL OF THE HOUSE.

By Mr. Stood of Taylor-

A resolution providing that the General Assembly meet in joint session at 11 o'clock to-day for the purpose of opening the election returns and counting the vote for Governor and State house officers.

By l\fr. Felder of Bibb-

A J"esolntion providing for the appointment of a com-
mittee of three from the House and two from the Senate to arrange for the inaugural ceremonies of the Gove~nor.

On motion of l\Ir. Hall of Bibb, the rules of the House wore suspende<l, and the following bills were introduced, rc>ad the first time and appropriately referred, to wit:

Dy :Mr. West of Lowndes-

A bill to am8IH1 the school laws of this State by estab lishing and maintaining a uniform series of text-books for tho common schools of this State, and for other purposes.
Rdorrocl to Committee on Education.

B:v :Mr. :Fcl<ler of Bibb-

A ro~olution providing that the House and Senate meet in joint session at 11 o'clock to-day for the purpose of opening and consoli<lating the election returns for Governor an<l State honse officers.

On motion of l\fr. Hall of Bibb, the joint resolution of the Senate convening the House and Senate in joint SOl' sion at 11 o'clock to-day, was read and concurred in.

On motion of Mr. Hall of Bibb, the Governor's message was taken up and read.

THURSDAY, OCTOBER 23, 1902.

41

By unanimous consent 1\Ir. Felder was allowed to withdraw the resolution introduced by himself for convening the House and Senate in joint session.

The following message was received fro;m the Senate through Mr. N orthcn, the Secretary thereof:

Mr. Sp'3aker:
The Senate has adopted the following resolution, in which the concurrence of the Honse is asked, to wit:
A resolution convening th~ General Assembly in joint session at 11 o'clock a.m. to-clay.
The reading of Honse bills a first time wa~ again resnme(l, and the followi11g bill was read and appropriately referred, to wit :

By ?Ifr. \Yest of T.owndcs-
A hill to organize a new judicial circuit of the superior court of tltis State. to he known as the Yaldosta Circntt, and for other pnrposes.
Referred to the. General Jmliciar"v Committee.
By ~fr. Hall of Bibb-
A re3olution prmiding for the appointment of a committee, to be known as the Committee on Finance, and to which committt>e shall be referred all bills contemplating the appropriation of money, and for other purposes.
ruder the rules of the HonRe the above resolution was <lrdered to lay onw for one day.

42

jOURNAL OF THE HOUSE.

Atlanta, Georgia,
October 22, 1902.
The following message was received from his Excellency, the Governor, through his Secretary, ~\Ir. Hitch, to wit:
llfr. Speaker:
I am directed by his Excellency, the Governor, to deliver to the House of Representatives a communication in writing, with accompanying documents.

THURSDAY, OCTOBER 22, 1902.

43

MESSAGE.

To the Senate and House of Representatives :
In transmitting to you my last annual message I congratulate you on the auspicious circumstances which surround you. During the year which is approaching its close prosperity in all branches of business has blessed the. people of our State. Our farmers, upon whom those engaged in all other branches of business so largely depen(l, have been fairly prosperous. Labor has been employed at fair wages, and we have had no conflicts such as have marred the prosperity and tranquillity of sister States between employers and employees. Money for all legitimate enterprises has been abundant. Business in all the avenues of trade has been good. Invested capital has yielded fair remuneration to its holders. No scourge or pestilence has visited our shorei!, Our common schools and our colleges have never been in better condition nor done better work. Our State debt, already small, is being steadily reduced. The volume of property returned for taxation is steadily increasing, and the rapid rise in the State rate of taxation which marked the years from 1883 to 1898 has been arrested, and the annual tax rate has been reduced. All of our State institutions are in good condition and are doing well and efficiently the work lor which they were intended, and upon the whole Georgia occupies au enviable position in the sisterhood of States.
FINANCE AND TAXATIO~.
As will be seen from the reports of the ComptrollerGeneral and the Treasurer, herewith transmitted, the total receipts at the Treasury for the fiscal year ending Septem-

44

}OURNAL OF THE HOUSE.

her 30th were $3,886,16:3, and the total disbursements for the same period $4, 1(15,705. This excess of disbursements over receipts is due to the fact that in order to pay as far as possible arrearages due teachers and to pay new pensioners admitted to the rolls, for whose payment no provision had been made, the General Assembly at its last session authorized the use in payment of the interest on the bonded debt of a part of the money accumulated in the Treasury in tlte past from the sale of public property. The amount thus applied was $025,8RO. But for this extraordinary disbur,;ement the receipts would have exceeded the disbursements $219,532.
The receipts inclufle $150,000 it became necessary to borrow in June, in order to enable the Treasurer to pay the teachers in the common schools for two months of their work in the first half of the present year. Last year to be able to pay them for two months' work we had to borrow $200,000. This year to meet all other expenses, includiug a largely increased pension roll, and pay teachers for two months a loan of only $lti0,000 was necessary, but this year the rate of interest was higher. Last year, as was shown by his report, the Treasurer borrowed from Georgia banks at 2 per cent. per annum. This year when it became necessaty to borrow I requested him to again endeavor to borrow from the home banks at a low rate of interest. He applied to them, but while they manifested a disposition t1 accommodate the State, it was, with two exceptions, at rates varying from 4 per cent. to 5 per cent. They all assigned as a reason for the high rate of interest demanded by them the absorption in the channels of trade of the large surpluses they had in their vaults a year before when they loaned to the State at 2 per cent., and the active demand of their customers for money growing out of the revival of business. After this unsuccessful effort to place the loan in home banks at a rate of in-

THURSDAY, OCTOBER 22, 1902.

45

terest satisfactory to me, I placed it with the National Park Bank of New York at tw"O and a half per cent., which was the lowest rate obtainable in that city. This is a very low rate, considering the demands on the New York banks during the year for funds have been so heavy that call loans have frequently been made to their regular customers on the best collateral at 16 per cent. to 20 per cent., and sometimes even at a higher rate.
'rhe aggregate taxable value of all the property in the Btate including railroads is $467,417,180. This is an increase over last year of$10,75l5,749. Therateoftaxation for the present year was fixed by the Governor and Comptroller-General at $5.30 on the thousand dollars. This rate will yield a sufficient amount to meet all ordinary demands on the treasury ft1r the next year.
It is gratifying to be able to report to the representatives of the people that the rapid advanJe in the State's rate of taxation which began in 1883, when the tax rate was $2.50 on the thousand aml culminat~d in 1898 at $6.21, the highest rate ever paid by the people of Georgia, has been, as elsewhere stated, arrested and indeed reduced during the last four years to an average of $5 30t per thousand. This is a saving to the taxpayers of $1,600,000 in four years, sixteen hundred thousand dollars less than they would have paid had the rate remained $6.21. This reduction has been tendered possiLie notwithstanding largely increased appropriations for pensions and schools, and special appropriations for new buildings at the University, the School of Technology and the State Sanitarium, partly by the most rigid economy in other public expenditures, and partly by the increase in the property returned for taxation.
In this connection I am glad to be able to say that all the appropriations made by the last Legislature have been sufficient to meet the demands on them, and there will be

46

JoURNAL OF THE HOUSE.


no deficiencies for you to provide for at this session. Indeed, there will be in some of the appropriations for the present year small unused balances which will revert to the treasury.

STATE INSTITUTIONS.
The attention of Senators and Representatives is invited to the reports of the various State institutions which have been laid on your desks. These reports will amply repay careful perusal. The State University is perhaps in a better condition, is doing better work and is more largely patronized than at any time in the past. The two new buildings provided for by your predecessors. at their first session, Candler Hall and Denmark Hall, were both rapidly pushed to completion, and are two of the handsomest buildings on the campus, and afford ample accommodation for the largely increased number of students in attendance on the schools in Athens. The total n umher of students of college grade in all of the schools of the University is, as the report of the President of the Board of Trustees shows, 2,018. The School of Technology, the Georgia Normal and Industrial, the State Normal at Athens, the North Georgia Agricultural, the Academy for the Blind, the School for the Deaf and the University for Colored People, all supported partly or wholly by the State, are in fine condition and are doing good work.
The average number of patients in the State Sanitarium for the last year was 2,634, and the percentage of recoveries of those received during the year was 32.43. The total cost for maintenance of each patient during the year was $1 12.68 per annum, or not quite thirty-one cents per day. A very small amount considering the manner in which they are cared for.
Two new buildings have been erected during the last two years at a cost of a hundred and fifty thousand dollars,

THURSDAY, OcToBER 23, 1902.

47

which will accommodate nearly fifteen hundred patients. These buildings were badly needed, because the institution has been overcrowded fur several year<! past, and there were confined in the jails in some of the counties quite a number <>f lunatics for whom no room c mld be found in the Sanitarium.
For the present year the appropriation for the support <>f this institution was $2!"10,000. For the next year this amount will, for two reasons, be insufficient-the increased number of patients to be provided for and the general increase in the cost of everything necessary in the support of the institution. While rigid economy should be and is practiced by the present excellent management of the institution, we should not be parsimonious in providing for the wants of this, our noblest charity.

SOLDIERS' HOME A~D PENSIONS.
The Soldiers' Home, which was destroyed by fire a little over a year ago, has been rebuilt with the money for which it was insured, supplemented by voluntary contributions, in a more convenient and enduring form than before it was burned, and will accommodate 150 inmates.
It is again occupied by the veterans for whom it was built, and is filling a want that could not have been otherwise filled. There are now sheltered and provided for under its roof sixty-four decrepit old veterans of the war between the States, all of whom would have been f>rced by want and decrepitude into the county poorhouses but for this noble charity. During the last year twentyone of the old heroes who had sought shelter within its walls have died. All are old and infirm, and in a few more years all will have crossed over the river to rest with the immortal Jackson "under the shade of the trees."
The trustees of the institution, who work without compensation, ~ave been indefa'tigable in their labors incident

48

JOURNAL OF THE HOUSE


to the rebuilding and refurnishing of the home and in

providing for the wants of those under their charge, and

to them, and especially to their President, Judge W. L.

Calhoun, the State owes a debt of gratitude for their un-

selfish devotion in their patriotic and philanthropic work.

The pension rollA still continue to grow, and unless

there is some modification of the pension laws, it will be

but a year or two till to meet their demands a million of

dollars will be required. This year the appropriation for

all classes of pensioners amounted to $858,000.00; next

year, according to the estimate of the Commissioner of

Pensions, it will be about $880,000.00

That there are many names on the rolls which ought not

to be there cannot be doubted, and some reforms in the

pension laws should be made in order to eliminate them.

Pension laws are always abused and we cannot hope to-

make our system perlect, but we can approximate perfec-

tion by revising the laws so as to provide as nearly as

possible for every worthy and needy ex-Confederate sol-

dier, and at the same time exclude the impostors and tho~e

whose military services do not entitle them to the State's

bounty.

To this end the Commissioner of Pensions makes some

timely suggestions in his admirable annual report, to whieh

I invite the careful attention of the General Assembly.

The adoption of his suggestions and recommendations,

which are the result of experience and careful study of the

subject, would greatly improve our system and be condu-

cive to fairness and economy in the administration of the

pension laws.

MISDEMEANOR CO~VICTS.

I could not feel that I had come up to the full measure of my duty were I to go out of office without again calling the attention of the General A-ssembly to the present un-

THURSDAY, OCTOBER 23, 1902,

49

satisfactory way of disposing of misdemeanor convicts. The law as originally enacted contemplated only the establishment by counties of county chain-gangs, to be worked by the county for the county. But by an unwarranted stretch of the law other chain-gangs authorized by county authorities, and nominally under their control, but worked not by the county nor for the benefit of thecounty,but by private individuals or companies for personal gain, have been established in quite a number of counties, sometimes two or three in the same county. Under the original act it was expressly provided that two or more counties might unite and organize a chain-gang to be employed on "public works," and under the act of 1878-9 it was provided that a "county, incorporated city, town or village, which has organized, or has determined to organize, a chain-gang to work misdemeanor convicts on its roads, streets or other public works" might hire this class of convicts from the county authorities of another county having no chain-gang, but always to be worked on roads, streets or some other public works; but there is no express provision of law anywhere authorizing the hiring of such convicts to private individuals, nor for working them anywhere except on public works. But because comparatively few counties organized chain-gangs to work on public works, it was often found difficult for the county authorities of counties having no chain-gang to dispose of their misdemeanor convicts. Hence the expedient of organizing chain-gangs in the name of the county, but really to be worked by private individuals for their own and not for the benefit of the county, was resorted to. Had there been a sufficient number of county chain-gangs in fact as well as in name to employ all misdemeanor convicts, this evasion of the law would P.robably not have been resorted to. And if this class of chain-gangs were worked and governed according to law, there would be no great evil in the system; but in many cases they are
4hj

50

JOURNAL OF THE HOUSE.

not so worked and governed. To be operated according to law, all guarcls, overseers, whipping bosses and physicians in charge of them should be appointed by the county authorities and paid out of the county treasury; whereas these officers and agents are almost if not quite always employed and dischaged by the lessee and paid by him. He, moreover, prescribes hours and character of labor, as well as quantity and quality of food and clothing, and inflicts punishment at his own discretion. As a result it is alleged that in some of these camps convicts have been overworked, poorly fed and inadequately clothed, and that the punishment inflicted on them has sometimes been cruel, and in one instance that has come to my knowledge even brutal. Manycomplaintsofmistreatment of convicts reach the Executive office, and nearly all of them come from this class of chain-gangs, while but little, and I believe scarcely any, just complaint is heard from the State convicts who are under the direct control of the State Prison Commission, nor from the county gangs organized and worked by the counties for the counties under the immediate control of the county authorities. Nearly all the trouble is in these private unauthorized camps. The competition between them for misdemeanor convicts is sharp, and the prices paid for them are consequently so high that to make them profitable those who hire them spend as little as possible in feeding and clothing them, and at the same time exact from them all the labor possible. The evil practice, too, which has grown up in many of the counties of allowing court officers to divide out among themselves in payment of insolvent costs the money derived from the hire of this class of convicts is largely responsible for many abuses. Indeed it has been alleged that in some instances prosecuting officers and court officials who profit by this practice of collecting the hire of this class of convicts and dividing the money out among themselves in

THURSDAY, OCTOBER 23, 1902.

51

payment of insolvent costs have a capital understanding with some lessees of misdemeanor convicts, and that such court officials are virtually recruiting officers for private chain-gangs. These complaints should be carefully looked into by the proper committees of the General Assembly, and if it is found that there is any truth in them, severe penalties should be pr~vided to stop practices so reprehensible.
To remedy these evils three things are in my opinion necessary:
First. The law should be amended so as to legalize private chain-gangs, expressly authorizing the hiring of misde. meanor convicts to private parties as well as to counties, towns and cities.
Second. All convicts, misdemeanor as well as felony convicts, except those worked by counties according to law, should be put under the immediate and direct control of the State Prison Commission, who should prescribe and enforce the same rules and regulations for the working and management of all classes, and be allowed to employ and discharge all guards and physicians, whippingbosses and overseers, and to employ a sufficient number of prudent, humane wardens to visit at least once a month, and oftener if necessary, every camp in the State, and see that the rules of the Commission are properly observed and the cunvicts humanely treated.
Third. The fee system should be abolished and all money derived from the hire of misdemeanor convicts should be paid into the county treasury, and all county judges and all solicitors should be paid salaries out of the county treasury. None of them should be dependent upon fees. Thus the temptation to institute frivolous prosecutions and to impose heavy fines and exact exorbitant costs in trivial cases would be removed, and there would be no ground to charge that any county court is run in the interest of the proprietors of private chain-gangs.

52

JOURNAL OF THE HOUSE.

In this connection I desire to call the special attention of the General Assembly to the admirable report of the Prison Cummission, in which will be found much valuable information and many wise suggestions as to our prison system and the future disposition of convicts.

PAYMENT OF REWARDS.
Always hitherto rewards for the apprehension of fugitives from justice have been paid out of the contingent fund, but in recent years the drafts upon this fund for this purpose and for the payment of arbitrators in railroad tax cases have been so heavy that but little has been left for ordinary contingent expenses. The expenses incurred by the State in the apprehension of fugitives are a part of the cost of enforcing the criminal law and punishing crime, and are a legitimate charge on the fund arising from the hire of convicts.
I therefore advise the enactment of a statute authorizing the Governor to pay all rewards earned in the apprehension of fugitives from justice out of the hire of convicts and not out of the contingent fund.
UNION PASSENGER STATION.
I transmit herewith the report of the Joint Committee appointed under authority of an Act passed at the last session of the General Assembly to provide for the erection of a new union passenger station on the site of the present union station in the city of Atlanta, and I regret that this report reveals the fact that no progress has been made toward the accomplishment of this greatly needed work.
The law under which your committee acted appropriated money to build a station, but provided that no work should be done and no money expended uutil all the railroads en-

THURSDAY, OcTOBER 23, 1902.

53

tering the city had entered into a contract to become tenants in the new structure until the expiration of the present lease of the Western & Atlantic Railroad. It soon appeared during the progress of the negotiations between the chief executive officer!! of the roads and the State's representatives that some of the roads did not desire to enter into such a contract, but intended as soon as they could,secure titles to certain grounds for which their agents were quietly negotiating, to build a station of their own and were merely temporizing with the State to gain time in which to perfect their plans. Still your committee persevered and tried in every way possible to remove t~e objections made to the State's proposition, but to no effect. When one objection was met another was raised, and nothing was left for them to do but report the facts to the General Assembly.
This failure of some of the roads to agree to the proposition of the State, which was substantia!ly the proposition submitted by them to the State two years ago, is to be greatly regretted, since the removal of the.union station from the present site on the State's property takes away from the State road much, perhaps one half, of its value.
To avert so great a loss two suggestions have been made, one to so amend the act of the last legislature as to authorize the committee to build without any contract with the roads as to the occupancy of the new structure, the other that the State extend her road DQW apparently at the mercy of other roads, to Savannah or Brunswick. Which of these alternatives, if either, the State' should adopt, is a question for the representatives of the people to answer. To suffer her road to remain bottled up will destroy its value and greatly cripple the schools of the. State, which are so largely supported out of the rental of the road.

54

JOURNAL OF THE HouSE.

INEBRIATE ASYLUM AND REFORM SCHOOL.

Georgia has been a foremost State in providing for her unfortunate citizens. Her institution for the care of the insane is unsurpassed by any other institution of its character in the country, and it is amply supported out of the State treasury at an annual cost of more than twice the cost of the entire civil establishment. Ample provision has also been made for the education of the deaf and the blind, but for two classes of our unfortunates, the inebriate and the juvenile offender, no sufficient provision has been made. By the establishment of an inebriate asylum the State Sanitarium would be relieved of a large number of unfortunates who are now crowded into it, for whose treatment the institution is not prepared and was never intended. It is cruel and wrong to confine these patients with lunatics when by the establishment, on a moderate scale at first, of an institution in which they could receive proper treatment, most of them could be restored ~o happiness and usefulness.
The want of a reform school for juvenile offenders, in which they can be not only educated but reformed, is equally urgent. To manacle with chains, or confine within prison walls, in hourly contact with the basest criminals, the boy of twelve or fourteen years, the child perhaps of a widowed mother, or an invalid father, unable physically to look properly after him and exercise that parental control necessary with all children, is a crime against humanity, and to suffer it longer will be a reproach to the State. In the reform school such a child could, and in most cases would, be reformed and educated for useful citizenship, but if confined in the chain-gang or even at the State farm along with felons, he most frequently comes out not reformed, but hardened in criminality.
I earnestly recommend the establishment at once, on a moderate scale, of these two institutions, to be supported

THURSDAY, OcTOBER 23, 1902.

55

partly or wholly by the State and governed as the State Sanitarium is now governed, by a Board of Trustees appointed by the Governor. Provision should be made for the reception of pay as well as pauper applicants. In this way the expense of supporting these institutions would be largely met by the families and friends of pay inmates, and the remainder by the saving in expenses of the State Sanitarium and the State farm, from which the patients in the inebriate asylum and the pupils in the retorm school will be largely drawn.

CONSTITUTIONAL CONVENTIO~.
It has been a quarter of a century since the present Constitution of Georgia was adopted. Under the provision A of the reconstruction acts of the Federal Congress a convention to frame a new Constitution was held and a Constitution was adopted which, while excellent in many of of its features, was not the work of the people of the State, and was not adapted to the conditions that prevailed in Georgia at that time, nor to the needs of a people fourfifths of whose material wealth had just been destroyed by the results of the war of secession. Under its provisions an era of speculation and reckless enterprise and extravagance was inaugurated. The credit of the State was loaned to railroad projects in which there was no merit, and consequently great losses resulted to the State and great damage to her credit. A rr.ammoth homestead exemption from levy and sale for debt vas provided for, ostensibly in the interest of the masses of the people impoverished by the results of the war. Its effe?t was, however, to totally
of destroy the credit of nine-tenths tr em. The ballot was
put into the hands of every male rerson twenty-one years old and upward without regard to his virtue or his intelligence. Elections became corrupt, the balance of power being, in almoAt every county; in the hands of the ignorant

56

JOURNAL OF THE HOUSE.

and venal. Suffering from these evils, the people of the State demanded another convention to revise the organic law, and in 1877 it was held.
Action and reaction are always equal and in opposite directions. The convention of 1877 went as far in the direction of economy and even parsimony as that of 1R68 bad in extravagance and wastefulness. Under the latter the flood-gates were opened, under the former enterprise has been hampered and energy paralyzed. While under its provisions we have grown recklessly extravagant in some things, we hPve practiced niggardly economy in others. Frequent amendments of the organic law through the General Assembly have been adopted from time to time, till it is now a piece of patchwork, and it cannot be said to have been as a whole improved. It is often ambiguous and always ill adapted to the conditions which now prevail. Hence, there is among thinking men a wide-spread feeling in fa~or of another convention of the people to revise the Constitution and amend it so as to improve it and adapt it to the conditions which now surround us.
All the neighboring States have in the recent past found it necessary to call conventions for this purpose, and all have greatly improved their Constitutions. In Georgia there are three crying evils demanding a remedy, either one of which is of sufficient importance, if the convention should do nothing else, to warrant the people in assembling in convention.
First. The restriction of the elective franchise and the elimination of the venal and corrupt vote.
Secondly. A constitutional provision giving the Legislature more ample power in dealing with trusts and corporate monopoly.
So great has grown the tendency to the formation of trusts to control all the necessaries of life and so great the power of corporate monopoly; that it will require the com-

THURSDAY, OcTOBER 23, 1902.

57

bined effort of both the State and the Federal Government to restrain and hold them in check. Already almost every article in common daily use and of prime necessity in everyday life is controlled by trusts, and the wholesale combinations made in trade and transportation are rapidly closing to the young men of the country every avenue to successful business enterprise. To curb these gigantic combinations and protect the people against the insatiate demands of corporate greed more ample power must be given the Legislature. The safety of the people must be made the supreme law, and this maxim must be embedded and vitalized in the constitution. For years Congress has been discussing the matter hut has found no adequate remedy, :and the Legislature, hampered by a constitution framed to meet other conditions has been equally unsuccessful. Now, we. owe It to the people to give them a chance to act. They are sovereign and can find and apply a remedy.
Third. A better and a safer method of selecting judicial -officers.
Georgia has in her past history employed at different times four different ways of naming these officers, but it (Jan be safely said that the present mode is the most objectionable of all. It will not do, and this is being demonstrated every day, to have the officers who are to sit in judgment on the rights and liberties of the people chosen in the arena of partisan and sometimes corrupt politics. We have as yet had no corrupt judges, but under the present system it is only a question of time when we will.
There are many other respects in which the present constitution could be greatly improved.
Nearly all are agreed that the fore~oing propositions are true, and the only objections I have heard urged against the assembling of a convention are the cost and a fear that the corporations would get control of the convention and .s!)cure the adoption of a constitution more favorable w

58

JOURNAL OF THE HouSE.

them than to the people ; in other words, a constitution. which would enable the corporations and not the people of the State to control legislation and dictate the policy u! the State. I entertain no such fears. That an effort in this direction might be made is possible, but that tlte peol'le ot Georgia can be driven by the agents of the corporations or bought with their money I am not remly !o crmccde. I have heard no complaint that this has l,ccn done or attempted in neighboring States whir1h ban ~.;nllcd cm\'~n tions to revise their coustitutiou:::, nnrl I Ita ve HO ie:n that it would be done in Georgia. The people of tltis State can neither be bullied not bought.
I therefore advise that JH'o\ision he m:ulc at this ~ession for a convention of the people to assemble during the next year for the purpose of revising the organic law.

TAXATION OF RAILROADS.
Much complaint has been heard in the recent past that the railroads in the State are not bearing their proportionate share of the burthen of taxation. In some cases this complaint has been just; in others unjust.
Corporate property as individual property should be taxed according to its actual value. This is the spirit and the intention of the law and the problem to be solved is how to arrive at its "fair market value." Under the present law, the Act of 187-! as amended by the Act of IS~ 9, the presidents of the railroad companies operating in this State are required to make a return under oath to the Comptroller-General of "each class or species of property to be separately named and valued.'' Thus each company returns and values its road-bed, its locomotives, its passenger cars, its freight cars and even its trestles and bridges separately, and herein the great inequality so justly complained of arises. The presidents of some roads put a fair a.ggregate valuation on all of the property of the road

THURSDAY, OcToBER 23, 1902.

59

considered as a unit, and apportion this total valuation among the several items, road-bed, locomotives, cars, etc., as best they can in an effort to comply with the letter of the law; while others insist on putting on each item returned in the schedule such price as it wQuld probably bring if sold independently of all the others.. An engine, however new or good, is returned at a low price for a second-hand engine, the rails are valued at the price of " old rails" or scrap iron, etc. This. is manifestly unjust to all tbe taxpayers in the State, including those railro~d companies which return their property at a fair valuation. It is an evasion o( the spirit of the law and the evil calls loudly for a remedy. The great inequality thm; arising i!-1 rendered possible only by our system of taxing these corporations. There should be no separation of the items entering into the building and operation of a railroad. It should be treated as a unit. It is as absurd to value separately for purposes of taxation the rails, the engines, tlw cars and the bridges of a railroad as it would be in returning a mill for taxation to put a separate valuation on the driving-wheel, the line of shafting and the dam. The whole road and its equipment should be taken together and valued as one whole, for without either one df the constituent elements the others become practically useless. It takes rails, cross-ties, engines and cars to make a railroad. TheRe things, together with the franchise, the privilege granted it by the State to exist and do business in the State, are the essential elements entering into it and constituting its true value. The true measure of the value ot any piece of property is its earning c>1pacity. This general proposition is modified to some extent in railroad property by the physical condition of the road and rolling-stock. If the road-bed and equipment of two railroads are equally new and good and their net earnings per mile are the same, they should be valued for taxation at the same price; but

60

JOURNAL OF THE HouSE.

if their earnings per mile are the same while the rails and rolling-stock and cross-ties of the one are new and in good order and but little worn, while those of the other are old and well worn, this should be taken into the account in assessing them for taxation. That company whose road and equipment are in good order with ten years of future service in them should be assessed higher than another road earning the same income per mile but having but five years of service remaining.
But it is sometimes urged that we ought not to tax franchises. 'Vhy not? In some species of corporate property the franchise is the most valua~le part of it. Such corporations as telr.graph and telephone companies, if Wt! leave out the franchise, and tax only their tangible property, which is at best of small value, will, while paying enormous dividends, escap~ the burthen of taxation borne by houses and lands and merchandise and every other species of visible property. Our law, enacted more than a half century ago, says "all property or other thing of value must be given in at its fair market value, and must be taxed according to its value." The franchise of a railroad is a ''thing of.value" and is subject to be taxed, and ought in .ins1.ice to all the taxpayers to be taxed.
Adopting as the rule for estimating the value of a railroad for taxation the theory that the true measure of its value is its earning power, modified as above suggested, the question arises as to how best to arrive at its true value. Nobody is so well fitted to judge of the value of a railroad as the men wLo deal in the stocks and bonds of railroads. Perqaps every railroad in the State has, in addition to its stock, a bonded debt. Its true value is indicated by the price at which its stock and bonds sell in the markets. If a railroad company has put on the market a million of dollars of its bonds and a half million of its stock,and if the~e bonds and its stock sell in open market

THURSDAY, OCTOBER 23, 1902.

61

at par, the real value of the road is a million and a half

dollars, because it pays a lair interest on that amount and

therefore ought to be taxed on that valuation. If on the

other hand, its bonds, which take precedence of its stock,

being secured by a mortgage on all the property of the

road, bring par in the open markets and its stock only fifty

cents in the dollar, the road is worth, not a million aud a

half but only a million and a quarter, and it ought to be

taxed on that valuation, because it pays a fair interest

only on that amount. Again, if the million of dollars of

the bonds of the same road command in the markets par

and the five hundred thousand dollars of stock a premium

of a hundred per cent., two dollars for one, then the true

value of the road is a million of dollars, the true value of

its bonds, plus another million of dollars, the true value of

its five hundred thousand dollars of stock, or two million

of dollars, and it ought to pay tax on that amount because

it earns a lair interest on that amount.

Substantially this plan of taxing railroads prevails in a

number of States, notably the two great States of Pennsyl-

vania and Illinois, and it has among its other obvious ad-

vantages the advantage that it has been passed upon and

sustained by the highest judicial tribunal in the country.

In passing upon a case which went up from Illinois, Jus-

tice Miller said: "It ma~ be assumed for all practical pur-

poserc>, and it is perhaps absolutely true, that every railroad

company has a bonded indebtedness secured by one or.

more mortgages. The parties who deal in such bonds are

generally keen and far-sighted men, and most careful in

their investments. Hence the value which these securities

bold in the market is one of the truest criteria, as far as it

goes, of the value of the road.

It is therefore

obvious that when yon have ascertained the current cash

value of the whole funded debt, and the current cash value

of the entire number "of shares, you have by the action of

62

JOURNAL OF THE HOUSE.

those who, above all others, can best estimate it, ascertained the true value ot the road."
This mode of ascertaining for purposes of taxation the true value of railroad property is so fair, so equitable and S[! just that I do not see how any fair-minded man can object to it, and it would certainly be a vast improvement on our present system, which experience has proved to be so ol)jectionable.
But it may be said that there are roads whose stocks and bonds have no market value because the roads earn nothing but operating expenses, and sometimes not even that, and that the plan of taxation suggested above cannot for this reason be applied to them in fixing their value for taxation. This is true, but let it be remembered that the object in view is to ascertain the true market value of the road, and if the mode of doing this, which can be applied to almost all the roads, cannot be made to apply to a weak road here and there, whose stock and bonds have no market value, this does not argue that the road has no value and therefore ought to pay no tax. In all such cases the road is worth what the materials in it would bring if they were taken up and sold as ~econdhand materials, and this should be taken as the true value of the road in assessing it for taxation.
I therefore recommend that a law be enacted making the aggregate market value of all the stock and bonds of a railroad partly or wholly in this State the basis of taxatiol" of such railroad when its stocks or bonds, or both, have a market value, and that when they have no market value the price at which the materials in the road and equipment would probably sell if taken up and offered at auction be taken as its true value, and that the proper officer of such companies be required to return their property for taxation upon this basis. The Comptroller-General should have the same right he now bas to raise the valuation put upon

THURSDAY, OCTOBER 23, 1902.

63

the road in the return, if in his judgment it is too low, and if the authorities of the road are not satisfied with the valuation of the Comptroller-General, they should be given the right of appeal to the State Railroad Commission, whose decision should be final. This would be bl:!tter, more expeditious and cheaper than "the present mode of arbitration. If any constitutional barrier is in the way of the enactment of such an arbitration law, the constitution should be amended to remove it.

TAXATION OF COLLEGES.
In justice to some of our institutions for higher educa.: tion, I desire again to call the attention of Senators and Representative:! to a departure from a long-established policy of the State with respect to her colleges, and I cannot perhaps do so more forcibly than to repeat what was said to your immediate predecessors who passed in the Senate a bill which was, for want of time, never reached in the House of Representatives, to carry the recommendation intn effect.
By an act approved on the 21st day of February, 1850, ' the colleges of the State were .extlmpted from taxation. This statute was ~ever furmally repealed, but an unsus-
pected paragraph of the Constitution of 1877, which was perhaps not carefully scrutinized before its adoption, has been construed to repeal it. There was no demand from the people for its repeal, and there is good reason for believing that a majority of the people did not and do not desire the property of the colleges of the State taxed. The taxation of these institutions of learning cripples them, but it does not appreciably increase the income of the State nor sensibly lighten the taxes ~f the individual citizen. The incorporated colleges, the title to whose property is vested in a board of trustees, are not conducted for purposes of private

64

JOURNAL OF THE HOUSE.

or corporate gain, but they render a public service of great benefit to the commonwealth. Their value to all the people of the State in the promotion of learning, in the contribution made by them to the teaching force of the common schools, and in the general uplifting of the material and intellectual prosJlerity of the State, entitle them to the consideration accorded them by the Act of 1850. Their taxation acts as an embargo. upon enlightenment, and as a discouragement to that generosity toward colleges and universities which is all too uncommon in the South. The hardship which results from such taxation falls especially upon colleges for our white people. The colleges for the colored are maintained for the most part from sources ot income located in organizations and endowments beyond the limits of the State, and thus they escape much of the taxation which falls on the colleges for the whites.
In view of all these and other considerations which might be mentioned, .it would seem that it behooves us to return to the enlightened policy of the St.ate adopted before the war between the States, and from which we, without the knowledge of the people, unwittingly departed in 1877. At any rate no harm can be done by submitting to the people an amendment of .the constitution perruitting the legislature to exempt from taxation the property of colleges the title to which is vested in a board of trustees solely for educational purposes, and not for individual gain. The people may be safely allowed to say at the ballot box if they can afford to trust the Geneml As~crnbly with snch power.
Believing that the welfare of tbe State would be promoted by such exemption, T recommend that an amendment of the constitution authorizing it be submitted to the people for their ratification or rejection at the next general election.

THURSDAY, OCTOBER 23, 1902.

65

PRESERVATION OF THE ARCHIVES.
J beg again to call the attention of the General Assembly to the importance of making some immediate provision for the preservation of Georgia's Colonial, Uevolutionary and Confederate Records. Many of these records have been already lost or destroyed, and many more are going rapidly to decay and will soon be lost unless provision is made at once for their preservation. Even the copies of the musterrolls of the Georgia troops in the war between the States, obtained some years ago from Washington, are wearing out from frequent handling, and there are in the war office rolls of many Georgia organizations of which we have never had copies. Our colonial and revolutionary records have fared even worse. Many, perhaps most of them, have been lost, and in a few years more but few of them will be left if provision for their preservation in an enduring form is not made at once.
Georgia has an honorable history. The escutcheon of no State is brighter. Her history and the history of the achievements of her illustrious sons of the past should be preserved for the information of the future and as an inspiration to those who are to come after us. All of the older States have had compiled or made preparation for the c0mpiling and printing of their archives. Georgia, never a laggard in other things, should not be a laggard in this patriotic work. Two organizations of patriotic women, the Daughters of the Revolution and the Daughters of the Confede,acy, have already done mu<lh in the way of compiling and preserving these records, but they cannot do all. The State must bel p. Will the sons and brothers and husbands of these noble daughters of Georgia refuse the pittance necessary to complete the work they have begun and prosecuted with such unselfish devotion? I do not believe it.
5 h'j

66

]OURNAT. OF THE HOUSE.

I therefore earnestly recommend that the Governor be authorized to appoint some fit and proper person, at a salary not to exceed two thousand dollars a year, for not exceeding three years, to take charge of the work and cooperate with these ladies in compiling and publishing the Colonial, Revolutionary and Confederate records of the State. He should be allowed a reasonable amount for copyists and typewriters, and the printing and binding should be done by the State Printer at the same price and in the same manner as other public printing.

LOUISIANA PURCHASE EXPOSITION.
The General Assembly at its last session provided for the appointment of a commission "to take proper steps to see that the State of Georgia is properly represented" at the Louisiana Purchase Exposition, and authorized the said commission "to devise any legal means to see that the agricultural products and other resources of Georgia are rep- re~ented at said Exposition.''
It will be impossible for the commission to make a decent exhibit at this exposition, and one that would do justice to our boundless resources, without the financial aid of the State. An efl'ort was made to have exhibits at both Buffalo and Charleston, and for this purpose the paltry sum of a thousand dollars was appropriated. This money was worse than wasted. The exhibits that it was possible to make with so small a sum were of no value to the State, but did actual harm. Persons seeing these "Georgia exhibits" were impresRed with the apparent paucity of the State's 'resource~, when not one-twentieth part of them were repreE'ented.
If we are to make any sort of a display of our resources at the great exposition at St. Louis, we should make one that will be a credit to the State, otherwise we should make none. To make such a display as should be made money should be appropriated to enable the commis"ion to

THURSDAY, OcToBER 23, 1902.

67

do it. In the past it has sometimes been urged that an appropriation for such a purpose would be unconstitutional and this has been the excuse for the scanty appropriations for the Buffalo and Charleston expositions. But it was a lame excuse. If an appropriation of one thousand dollars could be made without violating the constitution, ten thousand could have been appropriated. The truth is there is no constitutional inhibition. The constitution declares that "the General Assembly shall not, by vote, resolution or order, grant any donation or gratuity in favor of any person, corporation or association." This is all. An appropriation from the State treasury to exhibit and advertise the resources of the State at a great exposition is not a donation or gratuity, and if it were, it is not made to "any person, corporation or association." It is simply the use by the State of the money of the State for the benefit of the State. Georgia should exhibit her resources at this great exposition, and in order to enable her commission to make a creditable exhibit the General Assembly should appropriate an adequate amount for this purpose.
CONCLUSION.
In taking final leave of the General Assembly I trust I will be pardoned if I impress upon its members the gravity of the responsibilities the people have imposed upon them. The welfare of about two and a quarter millions of people and the honor of a glorious old State are for the time being committed to your keeping. This is a grave responsibility. Let all of your official actions conform to the legend inscribed on the hitherto untarnished escutcheon of our State: Wisdom~ Justice, Moderation. Let Wisdom mark all of your deliberations; let Justice to every class for whom you must legislate characterize your every act; and let Moderation guide you in every step of your legislative career.

68

jOURNAL OF THE HOUSE.

Thus you will honor yourselves and bring blessings upon :tlw people who have honored you, and show to the\ world :hat, Georgia has placed herself in the van of progressive but conservative States, and that her people have taken their position in humanity's grand march toward the ideals o!' an c\cr-advancing Christian civilization.
ALLEN D. CANDLER.

THuRSDAY, OcTOBER 23, 1902.

69

APPENDIX.

EXECUTIVE CLEMENCY.

PARDONS GRANTED.
M. C. Turner and Goo. Shipman-CO'nvicted at the February term, 1901, of the superior court of Gordon county, of selling whiskey itlegally, and sentenced to $100 and costs, and iJhree months in jail, and fi.Hy dollars and cost and three monilll1s in jail, respectively. Paid their fines and served one month in jail. Pa11don recommended by the judge, SIOlicitor, jury and many ci:tizens. Granted August 5, 1901.
W. I. Flaniga~Convicted at the January term, 1901, of the superior court df DeKaib couruty, of the offense of illicit distilling of whiskey, and sentenced to twelve months on the chain-gang. Had been previously convioted and sentenced to f<mr months imprisonment in the United States Court, whi~h teliiD he served. Has now served six months of his senltence in the Start:e courts. Judge who sen;tenced him urged his pa;rdon, anld many good citizens of J acksO'll county request clemency in his behalf. Pardon granted August 5, 1901.
Gus Hawsha;w-Oonvioted at the February ternn, 1901, of the superior court of Hall county, of carrying concealed weapon~ 'and larceny, an1d senltenced to twelve monlths in each case. Ba!dly crippled and diseased, and unable to work. Pardon grall!ted August 15, 1901.
Frank Diamonid-Convicted at the October term, 1900, of the superior court of Whitfield county, of the crime of larceny, an'<l sentenced to twelve months on the chain-gang. Served out all of his term except about thirty days, and the camp physician certifies that he is in the last stages of consumption. Granted August 14, 1[)01.

70

JOURNAL OF THE HOUSE.

John Norris-Convicted at the March rerm, 1893, of the t>uperior court of Hart county, of burglary in five cases, and senltenced :to 'twenty-nin~ years in the penitntiary. Crime committed when he was only seventeen years of age, and aoted unlder the influence of older persons. Has served over <>ight ye:ars, an'd his pardon recommended by the judge, solicitor, jury, county officers, the pro~j.ecutors and many citizens. Granted August 15, 1901.
Ernest C. Da:vid-Convicted at the January :term, 1901, of the superior court of Fulton county, of the offense of burglary. Sentenced to twelve months on bhe chain-gang. Only eigMeen years of age. Served about seven months of his sentence, and subject t'O epileptic fits. Convictd on circumstantial evidence. Pardon granted August 15, 1901.
lVI. E. Allen-Convicted at the February term, 1901, o.f the perior court of ''l'errell county, of murder, and sentenced to senltenced 'to eight montths on the chain-gang. Served more than six monbhs of his sentence and developed rheumatism antd kidney disease. Pardon recommended by the trial judge, solicitor and jury. Granred September 6, 1901.
C. S. Allen-Coruvic'ted at rthe May term, 1895, of the superior court of Terrell county of murder, and sentenced to life imprisonmenit. H appears from the evidence that a verdict for voluntary manslaughter would have been proper. Has served ahout six years, allld his par'CLon is recommended by the judge and solicitor that tried him, the jury that convicted him, an'd many connty officers and ci>tizcns. Pardon granted September 28, 1901.

Ha'btie Hargrave-Convieted at the February term, 1901, of the superior court of Taliaferro county, of a:ssault and battery in two cases, and sentenced to fine o $100 or Rix months in each ca:se. It appears from the evidence tha.t ghe was not the aggressor in the first case. She has served over seven months and is in ba'd health. Pardon granted October 3, 1901.
Robert L. Surtees-Convicte'd at the spring term, 1898, of the superior court of Dodge county, of forgery, and sentenced to four years in th~ penitentiary. Has served all his sentence cxcep't two da:v:s with good behavior. Pardon granted October 10, 1901.

THURSDAY, OCTOBER 23, 1902.

71

John Field-Convicted at tihe spring term, 1893, of the superior court of Ha11t county, of rbhe crime of burglary in five cases, and sentenced to twenty-four years in the penitentiary. WirS only sixteen years of age when the crimes were commi~ted, and acted under the influence of older persons. Has served more than eight years of his sentence. Pardon recomme.nided by the trial judge, solici.tor and jurors. Granted Octdber 10, 1901.
Branche Freeman---'Oonvicteld aJt the May term, 1901, of the superior courit of Muscogee county, of fornication, and senltenced to six months in jail. Served five monlths of her senltence, and pard'Oned for the reasoo that S'he was in an advanced state of pregnancy. PaTdon granted October 26, ] 901.

.Bazeen Carver-Convicted a,t 'the October term, 1897, of the superior court of Coffee counlty, of voluntary manslaughter, arud sentenced to ten years. Sen!tence previously commuted to five years, mo~ of which he has served. Considerable doub't a:s to l1is guilt. Pardon gmnted November 2, 1901.
Jake Marshall-Oon'Victed a1t the May term, 1901, of the
city recorder's court of Augusta, of carrying pistol concealed, and sentenced to fine of $300, or three monlths on the public works. He also plead guilty in the city court of Richmond county to the same offense, and sentenced to pay fine of $50, or six months on the public works. He served aut the recorder's sentence and a portion of the serutemce in t:he city court. The judge of the city cou11t recommends his pardO'Il. Pardon granted November 5, 1901.
James Robinson-Convicted at the June term, 1899, of the superior court of Burke county, of volun1tary manslaughter, and sentenced to fifteen years in the peniten1tiary. The killing took place in a difficmlty, in which the decease'd was the aggressor. His pardon is recommended by tJhe judge and solicitor that tried him, and the jury that CO'Ilviotcd him, and many citizens of Burke counity. Granted November 8, ~901.
W. J. Gunn---Convicted at the fall term of the superior court of Colquitt county, of forgery, and sentenc~d to two .vears. He was addicted to the use of opium, which probably

72

JOURNAL OF THE HOUSE.

weakened his mind and character. 'l'he forgery was of a trivial ooture, as he only obtained a cheap pair of shoes. His pardon recommended by the judge and solici'tor-general and county officers. Granlted November 9, 1901.
Albert Walker-Convicted at the March term, 1901, of the superior court of Bibb county, of burglary, and sentenced to twelve months on the chain-gang. The crime was insignificant, as he only obtained two dress skirts belonging to his mother, and who, in anger, prosecuted him. Pardon granted N ovcmber 12_, 1901.

A. A. Gay-Convicted at the April term, 1900, of the superior court of Emanuel county, of V'olwntary manslaughter, and sentenceid to four years in the peni11:cn'ti'ary. There wasgrave doubts as to his guilt, on account of which the judge and solicitor that tried him, the jury that convic'ted him, the grand jury tha.t indicted him, and many citizens, induding the prof>C'Cutor, recommend his pardon. Granted November 10, 1901.
C. H. :Franklin-Convicted a,t the October term, 1881, of
the superior court of Bibb coulllty, of murder, and sentenced to life imprisonment. 'J1here were no eye-witnesses to the killing: the evidence entirely circumstantial, and he has always prdtested his innocence. Has served twenty years wt hard labor, which is equivalent to a sen'ten~ of thir.ty years, counting good behavior. Is now over fifty years of age anid has lost one of his hands while performing his duties as a convict. Pardon granted November 19, 1901.

William Loyd-Convicted at the fall term, 1898, of the superior court of Ghabham coun:ty, of simple larceny, and sentenC'Cd to focr years. His colllduct has been exemplary, and on one occasion he assisted in 'bhe capture of an escaped convict. Pardon granted November 27, 1901.
T. D. Henderson-Convicted at the April term, 1893, of the superior court of Newton county, of volullltary manslaughter, and sentenced to fifteen yea'rs. Has served a term equivalent to eleven years, with good conduct. Pardon recommended hy ten members of the jury that tried him and the countv o!ficials. Granted November 22, 1901.

THURSDAY, OcToBER 23, 1902.

73:

Alex West-Convicted a't the September term, 1900, of the superior court of Clay county, of larceny, and sentenced to three yoa~s. Was convicted on circumstantial evrdence, which was very doubbful and uncertain. Pardon recommended by the judge, solicitor, jury, and many citizens. Gr<runterl December 3, 1901.

Andrew Leigh-Convicted a!t the March term, 1~01, of the ci:ty criminal court of Atlam'ta, of keeping a gambling house,. and sentenced to twelve mon!ths. Was also convicted of gaming, and for that ofuense senten~d to six months. Both convit->tions grew out of the same transaction, a'll!d he has servrd out the twelve months sentence. The judge and solicitor recommend his pardon. Granted December 14, 1901.

J. C. Peugh-Convic'ted at the August term, 1899, of the ~>uperior court of Spardmg county, of simple larceny, and sentenced to iive years in the penitentiary. Served two years and four months of his sentence. Pardon recommended by the prosecutor, grand jurors, the judge and solicitor, and many citizens. Granted December 14, 1901.

Jamet: W. Wood-Convicted at the February term, 1901, of the superior court of Jackson county, Mld sentenced to three years. 'l'he crime charged was that of incestuous fornication,. alleged to have committed on his daughter. She afterwards made affidavit that she had sworn falsely against her father and that he was innocent. He had always borne a good character. Pardon recommended by the trial judge and solicitor, 'the jury that convicted ilim, and the county officers. Granted December 16, 1901.
Charlie Spanish-Convicted a:.t the October term, 1893, of the S'Uperior court of Thomas county, of burglary in two cases, and sentenced to ten years in the penrtentiary in each case. He ha-s served out one term of his sentenee. The judge statesthaJt through a mistake, he imposed a ten-year sentence in each case, when he only intended to give him ten years in both cases. Pardon :t:ecommended by the trial judge and the representatives from Thomas county. Granted DeN\mu~r 18~ 1901.

74

JOURNAL OF THE HOUSE.

Samuel Keel-Convicted at the September term, IDOl, of the superior court of Newton county, of burglary, and sentenced to twelve months. 'l'he prose~outvr urg.ss his pardon, on the ground that facts have develope_, sih...:3 the trial that cause him to doubt the defendant's guilt. Pqrdon granted December 21, 1901.

Jasper J. Doss-Convicted at the September term, 1900, of the superio11 cO'Ud of Ohcrokee county, of assault and battery in two cases; of furnishing liquor to a minor and using obscene la.nguage in the presence of a female. Sen'tenced to twelve months each, in the first two cases, arud three months each in the obher two. Has served sixteen months on the chain-gang, which is thought to be suffi.ciernt punishment Pardon recommended by the judge, jury, and many good citizens. Granted January 3, 1902.

Svenef>r Evans--Convicted at the November term, 1899, of the superior caur:t of Wilkes county, of rape, a.nd Wll'tenced to ten years in the penitentiary. When convicted he was only twelve yeal's of age. The prosecutor now recommen-ds that he be pardoned. Has served more than two years o his sentence. Pardon granted January 4, 1902.
l1ester Laven'der a:nd Ned Moose-Convicted a't the Octobe:r term, 1899, of the superior court of Lumpkin county, of sim-
ple larceny, and Be'lltenced to four years. They were less than
twenty years of age when the crime was committed. Whil(:" on a drunken spree they took and rode away two horses. They hnc serverl. more than two years of the sentence, and their pardon is recommeded by bhe judge, solicitor2 trial jury <i.nd grand jury. Granted January 4, 1902.
Clms. Ramsey-Convicted at the November term, 1870, of the superior court of Troup county, of murder, and sente[lced to life imprisonment. Has served more than thirty years with exemplary conduct. His pardon is recommend0d by ib.e county officers and mam.y citizens of Troup counJty. Granted ,January 4, 1D02.
Lum Strickland-Convicted at the March term, 1890, of the superior rourt of Floyd county, of murder, and sentenced to life imprisonment. The evidence was very conflicting, and a Y<'rdict of acquittal would not have been improper. Thi~

THURSDAY1 OCTOBER 23, 1902.

75

view of the case is upheld by the Supreme Cour't. Pardon recommended by the judge that Sn'tenced him and eight of the jurors t:ha.t convicted him. Granted January 4, 1902.

Will Smith-Convicted at tJhe

lteTm, 1894,

of the superior court of l!'ul1ton county, of arson, anid sentenced

to life imprisO'llment. Considerable dou1bt as to his guilt, ae

the fire appears to have be~n more the result of carlessne~

than criminal intent. His pardon is recommended by the

prosecutor and many citizens. Granted January 4, 1902.

W. Andrew Stuckey-Convicted a1t the November term, 1898, of the superior court of [;aurens coun'ty, of murder, and sentenced to life imprisonment. 'l'he principal witness against him has since been shown to be wholly unrelil'.ble. 'l'here is considerable doubt as to his guilt. His pardon is urged by the judge and solicitor that tried him, the jury that eonvicled him, and many good citizens. Graruted January 10, 1902.

Walter Jordan-Convicted at the December term, 1901, of the city court of Floyd courn;ty, of stabbing, and Sntenced to pay a fine of $75, or six months. He is shown to be an ignorant, W('ak-minded boy, about seventeen years of age. The eviclPnce shows that his adversary had him down beating him, when he inflicted a slight wotmd with a knife. He was ll!dvised to pl(l'ad guilty dnring the a.bSnce of his counsel. Pardon grantC'd January 17, 1902.

,Tames G. Craig-Convicted at the October term, 1901, of the superior court of Fulton county, of forgery, and sentenced to six mon.ths. Was addicted to the use of morphine, which probably rendered him morally irre131ponsible. Pardon recommen:decl by the prosecutor, the solicitor, and other good citizens. Granted Jannary 25, 1902.
Joe Phelps~Convicted in 1884, in the superior court of Randolph county, of murder, and sentenced to life imprisonment. He was a mere boy a:nd was convicted on the evidence of a witness who ha's since been indicted for perjury and fled from the State. He has served eighteen years with good conduct. Pardon urged by more than 500 ci'tizens of Ran&olph county; by the trial jury, the officers of the county, and by the judge ancl !'olieitor. Granted January 27, 1902.

76

JOURNAL OF THE HOUSE.

Harry Evans-Convicted at the August term, 1899, of the superior court of Taliaferro county, of assault to rape, and sen;tenced to fifteen years. 'fhe people of the county have be come convinced of his innocence, and his pardon is urged by the trial judge and jnry, and the solicitor, and by the fa't.her and mother of the girl. Granted January 28, 1902.

A. D. Heviere-Convicted at the February term, 1890, of the superior court of DeKalb county, of murder, and sentenced to life imprisonmen.t. Thre wre no eye-witncsSCt> to the killing, and defendant claimed to have acted in self-defence. He has served more than 't:Jwelve years at hard labor. His conduct 'has been good. Pardon granted January 28, 1902.

Hilliard Griffin-Convic.ted a.t ~he September term, 1901, of the superior court of Baldwin county, of riot and carrying concealed weapons, and sen:tcnced to pay a fine of $60, or twelve months in each case. Has served more than four monbhs of his sentence, which is considered sufficient pumshmen:t, in view of his previous good character. Pardon granted January 31, 1902.

Lem and .Julius Bone-Convicted at the

'term

of the superior court of Fulton county, of larceny. The evi-

dence upoill which they were convicted was circumsbanltial,

and the Chairman of the Board of Pardons says: "Personally

I have such grave doubts of t.he guilt of these men that I be-

lieve clemency should be gra!l!ted them." Pardon granted

February 7, 1902.



W. E. Bennett-Convicted at the March term, 1897, of the superior cour:t of Chatham count.y, of assault with intent to rape, and sentenced to ten years in the penitentiary. The Prison Oomission says: "The general circumstances brought to :the a:ttention of the Board of Pardons indica'tes some un cwtainty and mitigation of the offense." His character prior to conviction was gooo, and his conduct since conviction has been exemplary. Pardon gmn:ted :February 26, 1902.

John Thomas-Convicted at the February term, 1883, of the superior court of Campbell county, of murder, and sentenced to life impris'O'nment. The killing was the result of

THURSDAY, OCTOBER 23, 1902.

77

criminal intimacy between the wife of Thomas and the cleOO'ased. He has served more than nineteen years, and his pardon is recomended by the judge an'd solicitor that tried him and many good ci.tizems. Pardon gra!I1ted March 15, 1902.
Anna and Mal:in'da Brock-Convicted at the April adjOIIlrn.ed term, 1900, 00: the superior coul'lt of Pickens coulllby, of murder, and sentenced to life i:mprisonm1I1t. 'l'he evidence upOID. which they were convict~d was wholly circumstantial and there was grave doubt as to their guilt. Their pardon was recO!lllmended by the judge, solicibor, the trial jury and grand jury and by a laxge lliUmber of citizens. Gran.ted March 15, 1902.

William Oglesby-Coovicted at the April term, 1898, of the superior court of Ema111uel cou[]Jty, of volunltary manslaughter, and sentenced to six yearn in the penitentiary. 'l'he killing was bhe result of a mutual combat ootween defenda:nt and deceased, in which de~em.dant was severely wounded twice by a pistol inl!:lhe hands of de'Ceased. His pardon was recom-
mended by the judge, solici1bor anid many oo the jury and by
many of 'the counlty officers amd citizens. Granted March 15, 1902.
'l'om Burton-4Jonvicted at the Felhruary term, 1899, of the superior court of Cherokee county, of burglary, and sentenced to seven years in the penitentiary. Defendant and anotthe;r committed burglary from a railroold depot. 'l'he other party was subsequenltly tried, convicted and senten'ced to a fine o! $100.00 or twelve moniths. Defenldant has served about three years and iot is thought his punishment has been sufficient. Pardon grante1d March 18, 1902.
Lewis West-Convicted at the February term, 1902, of the .city criminal court of Atlanta, and sentenced to pay a fine oi $50 and costs, or six months on :the chain-gang. Defendant is an old negro aibcmt rsixty-five ye'ars of age, una:ble to do hard ma:ml'all'a:bor and uiJJaible to pay :bhe fine. His pardon is urg<~ by the ju1d'ge, solicrtor, his employer and otlwrs, iniCluding the proswu:tor. Granted March 17, 1902.

Alfred Turner-Convicmd at the J anllilry term, 1900, oi the superior court of Glynn county, of larceny, and sen:tence'd to two years. Has srrvcd all but thrcoe months of his sen<tenoe.

78

JOURNAL OF THE HOUSE.

His pat<don is recommended by 1the judge, solicitor, grand jurors an'd many citizen's. Granted March 17, 1902.

Daisy kon~rd-Convi<ited: at the Janu'ary term, 1902, of the superior cour't of Fulton cou.nty, and sen1tenced to a fine of $100.00, and thirty days in jail, and in default of paymen't of the fine, six moo1ths addition.al in jail. Defendant was a young womrun about twen:ty-onc years of age and art the time of her convic,vi'on was an intmate of a le'\V'd house in the city of Atla:nlta. Since her conviction mlid during her incarcera.tion in jail it appears that she has repented and expresses genuine ooTIJVersioo. She has agreed to go to 'the Florence Crittendon Home and her pardon is urged in order that she may be given an opportunity to begin a new life. Pardon granted April 2,
1902.

J. W. Register-Convicted at the June term, 1901, o.f the city courl of Douglas, of carrying concealed weapons, and sentenood to twelve monltihs. He is a young white man who has a wife, 1tfuree children and an aged mother dependent on him. He has served nine months and his pardon is urged by the iudge, solic~tor and county officials. Granted April 4, 1902.

Porter B. Davis-Convicted at the May term, 1899, of the superior courl of Pierce coull'ty, of voluntary manslaughter, a'Il'd sentenced to four years. He has served the greater portion of his sentence and his pardon is urged by a large number of the citizens of Pierce county. Pardon grantcld April 7, 1902.

Luke Bass-Convicted at the September term, 1888, of the superior oourt of Floyd county, of burglary, and se'I1'tenced to twenlty years in t!he penitentiary. The goods taken were only worth about eleven doUars and lhe has served more than tJhirteen years. His pardon is urged by the judge and solicitor that tried him. Gran'ted April 7, 1902.

James Hughes anld Swinton Po,well-Comicted at the September term, 1901, of 'the Slllperior courrt of Habersham county, of libemting prisoners from the calaboos in Toccoa. a'Illd sentenced to pay a fine olf $"1'5.00 e>ach, or twelve mon,ths. The prisoners release<'! were two women, and the evidence upon

THURSDAY, 0CTOCER 23, 1902.

79

which they were convicted was circumstantial. 'Their pardon is recOiffimen:ded by the judge an1d solicitm:- and the city officials of Toccoa. Graruted April 7, 1902.

JohnS. Sutherland-Convicted at the October term, 1897, of the superior court o'f Hichmond county, of rape, and sentenced to sixten years in the penitentiary. The judge who <tried him says: "I 'have never felt satisfied with this conviction and if a motion had been made for a new trial I would
have promptly granted it." Pardon urged by the judge and
solicitor. Granted April 11, 1902.
Charles Daniel-Convic~ed at the February term, 1898, of the superior court of Greene county, of voluntary manslaugh!ter, an:d sentenced to six years. The defendant is a negro boy and has served out the greater portion of his 5'11tence. Pardon urge'd by the officers of Greene county and a large number of citizens. Granted Aprilll, 1902.
A. A. Pullen-Convicted at the September term, 1901, of the city court of Dublin, of seiling whiskey, and sentenced to pay a fine of $800.00, or twelve mooths. The evidence was conflicting and there is doubt of his guilt. His character previous to comiction was good. His pardon is urged by the judge, solicitor, county officer~, and many citizens. Granted Aprilll, 1902.

James Watts-Convicted at the August term, 1901, of the superior court of Butts county, Olf stealing a ride on a railroad train, a,nd sentenced to pay a fine of $50, or twelve months. Was a negro of goad character and formerly employed by the railrood. Served eight months of his term and his pardon is recommended by the jud1ge and solicitor. Granted May 5, 1902.

Ransom Miller-Oomie'te!<l at the October .term, 1901, of the city criminal court of AUanta, an:d sellltenced to eight mooths. His pardoo urged by the judge and solicitor on the ground. that he has served more than five months of the senttence ana his wife, children and mother are in destitute condition ana need his assistance. Granted May 5, 1902.
Ruff La.wrence'---'Conrvidted at the October term, 1901, of the superior court of Early counrty, of the offeillse of man-

:80

]OURNAI. OF THE HOUSE.

slaugh!ter, and sentenced to one year in the penitentiary. Deceased provoked the difficulty and 'Ml.S a dangerous man. His pardon is recommended by t!he, judge, solicitor and trial jurors. Granted May 8, 1902.
Jack Griggs-"Convicted at the September .ter!lf, 1901, of :the superior court of Fayette county, of assault to rape, and sentel!lced to ten years. The p["osecutor now says she swore falsely against him, and the judge and solicitor urge the pardon. Granted May 8, 1902.

Rebecca Carter-Convicted at the March term, 1902, of the -superior court o:f Fulton ooulllty, of car-breaking, and sentenced 'to twelve months. The evidence aga!inst her was circumstan!tial and nO't conclusive. Her health 'has broken down, and her pardon is urged by the arresting officer, the solicitor that prosecuted her, and others. Granted May 10, 1902.

Vezier Lee-C<Onvicted at the" l<"'ebruary term, 1898, of the superior court of Butts county, of manslaughter, and sentenced to three yems. The killing 'took place a't a negro frolic in a general fighlt, in w'hich Lee was himself cut :bwice. His pardon is recommende(l by the judge, solicitor, and many good citizens. Granted May 10, Hl02.

Anlthony Walker-Convicted at the October term, 1900, of the superior C'Ourt of Butts county, of selling whiskey illegally, and sen1tenced: to pay a fine of $100, or nine months. He plead guilty to four indictmen1ts and entered at once upon his senbence. He served more t'han nineteen months; is an old negro over fiflty years of age; a suffemr from acute rheumaftism, au11d his pardon was recommended by the j111dge, s'oliciior, county officrrs and others. Granted May 10, 1902.

Chas. Robinson--Convicted at the October term, 1901, of the .,uperior court of Fulton counfty, of larceny after trust, and sentenced rto one yror. Is a small hoy only thirteen years of age. He only took a pair of seconld-hand pants o.f small value. Pardon urp:r1d by the prosecutor and the solicitor. Pardon granted Ma.v 16, 1902.

John W. Dixon--Convicted at the spring- term, 1R96, of the
superior court of Ta\'lor connt.v, of mnrdrr, ancl S<'nt<'ncerl to
'life impri~onm(ln t-. H P "as Ponvicted on the 'tcstimon~ of thf'

THURSDAY, 0CTOBE:R. 23, 1902.

81

thirteen-year old daughite[' o:f the :deceased. Facts have since developed which tend to discred1t her testimony. His pardon urged by the solicitor, sixteen members of the grand jury, ten of the trial jury, county officers, many citizens and the widow of the deceased. Pardon Grnnlted May 17, 1902.
W. B. Berkley-Convicted at the Janu~ury term, 1902, of iihe supe.ruor court of Fulton county, oi miroemeanor, and scmtmced to six months in jail. Served more than four months, and on account 'Of his bad health his release is urged by the p!!oi::~ecutor, the jailor and the coun:ty physician. Pardon granted May 27, 1902.
Thompson Hichal'dson-Convicted at the May rerm, 1885,
of the superim court orf Wilke.~ county, of murder, and sentenced to life impri.sonmern.t in the penliite:rutiary.. Has served more 1ifuan seventeen years rut hard: labQr, during whi0h time he has hrud both legs broken iJwice. He is now an old, ignorant, weak-minided. negro. Pardon urged by the grand jury thaJt indicted him, by the trial jury, by county officers and many citizeiils. Pardon granted May 28, 1902.

J. J. Oarroll-Convicited at the December term, 1901, of assaul!t and batterv, and sen1tenced to twelve months in the chain-gang. His.conduct has been exemplary, and his pardon is urged by the solicitor, nine of the jumrs, many reputbable l:usiness mcP. of Atlanta, OIIl the ground that his punishmcn: ihas been sufficie:nlt. Pardon granted May 28, 1902.
Alex W. Owens--Convicted at the March term, 1897, of the supen1or court of Fulton county, of burglary, an:d senltenced
to ten yerurs. It has been shown that he did not actually par-
ticipate in the burglary, as he was drunk a't the time. He wa., arrested in company wi1th the burgl'ars and convic!ted on circumstanltial evidence. His p~wdon ur~eld by the prosecutor amd many citizens. Pardon grante'd June 19, 1902.
Robert L. Dardn-Convicted a:t the fall term, 1898, of the srupevior court of Cobb county, of perjury, and sentenced to
five years. Wa:s oonvieted on evidence 'that h'as beern. so grossly discreldited as 'to make his innocence proctically established. His pardon urged b:v many good citizens of Coibb county. Grant<~d June 12, 190.2.
fihj

82

JoURNAL OF THE HOUSE.

John 'r. Clark--Convicted a:t the

term of

the superior court of DeKalb county, of assault to murder,

and se'llteillX'd to five years in the peni,te,nbiary. 'l'he crime

was commit1ted in a heat of p~ssion. He has served more

than threoe years with most exemplary conduct. On one oc-

casion, whC'n a.n01ther conrvict. was trying to escape, 'he over-

powered him an'd preventcd his escape. P~ardon gran'ted

June 12, 1902.

Lewis Grimes-Convicted at the May 'term, 1901, of the city comt of Elbenton, of selling whiskey, and Se'lltenced to twdve months. He is in the bst stages of co'lllsumption, and hil' pardon urged by the judge and sollcitor that tried him, and many citizens. Has scrve'd all of his term except one month. Granted June 13, 1902.

Alex Dougherty-Convicted at the August term, 1901, of the superior cQIUrt of Polk coun'ty, of carrying a p~swl con-
cealed, and ,-;entenced to twelve mont,hs. Has serve1d more
than five months, and his pardon is recommenlded by the judge
that tried him, on the ground of sufficient punishment. Par-
don granted June 25, 1902.

Tnpheth l\IcFarla111d-Convicted at the October term, 1901,
of the city criminal court of Atlanlta, of forcible ejection, and sentenced t'o twelve months. He has made pi"oper restitution an<l ha~ served more than t'hrce months, and his paroon is rC'cO'Illmemlecl by the iudge and solicitor. Pardon granted June 27, 1902.

.John R. White-ConviC'tril at the October term, 1901, of the ~.upcrior court of Carroll county, of seduction, and sentencc>u to twelve months in the penHentiary. There wal' Btrong do'llbt as to his gttilt, and h~ has served more than nine months. Hi8 p:trdon urged by the jnry that ronvicted him,
mTd many citizcm. Pardon granted June 28, 1902.

7,, V. Cartcr-Convidail at the Sep'tcllllhcr term, 1899, of tlw ~nperior court of Echols county, of voluntary manslaughtt!', and sentrnceld to fi\e }'('ill'S. Evidence procured sincP the trial tends Ycry strongly to uphold his defenee of ju:<tifiablc homicide. His pardon urgrd by the judge, solicitor-gC'neral, grand jnr,\, trial jnr,,, and many citizens. Pardon gmnt("d .Tuly 11, 190.2.

THURSDAY, OCTOBER 23, 1902.

83

W. B. Freeman-Convicted at the fall term, 1901, of the SUprior court of Mmrtgomery county, of the offense of selling whiskey illegally in six cases, anid serrutenced to serve three months in the chain~gang in each case. "The town of Riggston, in Mongomery county, by municipal or<1inance, attempted to regulate a.nd license the sale of whiskey, which they had no legal authority to do. Defenldant procured and paid for liC'Ilse from the town, a'Clting unlder the written lllc1vice of counsel that such license would protect him; paid the tax required by the State and United States for retail liquor dealers, and proceBdecl to sell openly. The judge be1fore whom he was tried recommerrds this clememcy, on rthe ground that while technically guilty, he had no intention of viola1tirug the law." Pardon granted July 11, 1902.

Dan Shcwmake-Cornvicted <a~t the Novem:ber term, 1885, of the superior court of Burke county, of JlliUrder, and sentenced to life imprisonment. He has served twenty-seven years, counting t,ime allowed for good behavior, with exemplary cond'nct. Pardon recommen!cled by ma.ny citizens of Burke and Clinch counties. Pardon granted July 11, 1902.
Ozro Curtis--Convicted a:t the Septem'ber term, 1901, of the superior court of Habersham county, of larceny from the home, and sentenced to twelve months. He was only eighteen years of age, and the property taken was of less value ~than one dollar. Served nearly his entire sentence wi'th goad conduct. Pardon urged by the judge, solicitor and many citizens. Granted .Tuly 11, 1902.
Henry Carte-r-Convicted at the fall term, 1892, of the superior conrt of DeKalb coUlllty, of voluntary manslaughter, anil sentenced t.o twen:ty years. He was first convicted of murder, which verdict was set aside by the judge, on the g-ronn'cl that the evidence did not support the verclict. He then plead guilty to \'oluntary manslaughter. The killinl! took place under great provocation, a.s deceased had attempted to deba'lwh his wife. Para'Ol\ recommended by the judge and
many citizens of the county. He has serverd ahou t ten years
of his sentence. Pardon granted July 11, 1902.
Fletcher Sim~-Convicted at the April term, 1901, of the county court of Butts county, of escape, awd sentenceld to

84

JOURNAL OF THE HOUSE.

twelve months. He escaped in company with several othe!9; afterwards surrendered himself and informed on the others. Has served more. uhan 'three months, and his pardon is recommended by the judge and other good ci:tizens of the coonty. Pardon granted July 12, 1902.
Dave Burgess-Convicted at the August term, 1893, of the S'llperior court of Walker county, of murder, and sentenced to life imprisonmeTIIt.. He was convicted on circumstantial evidence, and the judge before whom he was tried SIIJJ,YS he has doubts as to his guilt, as docs also the solicitor that prosecuted him. County otlicers and many good citizens recommend his ~ardon. Pardon granted July 1~, 1902.
.John Reyno1ds-Convicted a1t the Septe:mber term, 1901, of the superior court of .Fulton co'unty, of assault al!ld ba:ttery, and sentenced to twelve months on the chain-gang. The crime was committed while under the influence of whiskey, and he plead guilty. He has served mosrt of his sen~ence witn good conduct, a-nd his pardon is recommended by the prosecutor and a nrumbr of good citizens. Pardon gran'ted July 12, 1902.
Robert Hunter-Convicted at the September term, 1892, of the superior court of Fulton county, of burgl,ary, and sentenced to fifteen years. His t.crm will expire in 1903. He has recently devclop~cl consnmpt:ion, and further confinement likely to prove fatal. Pardon granted July 12, 1902.
Willis Carter-Convicted at the :May term, 1898, of the sup<>rior court of l\fuscogee county, of robbe-ry, and sentenced to fifteen years. 'L'he evidence was circumstantial, arrd there is much doobt as to the gniH of Carter. He stoutly maintains his innocence, and his pardon is urged by seven members of the jury, the prosecuting attorney, the solicitorgcnrral, the _prosrcutor and many good citizens. Pardon granted July 23, 1!:10.2.

I:. 11f. Sumner-Convicted at the }fay term, 1899, of the ~uprrior court of Worth coun:t.v, of voluntary manslaughter, and sentrnced to twelve vears. He has served more than three year,, and his health h~s becoone very much impaired. His

THURSDAY, OCTOBER 23, 1902.

85

pardon ii" recommenoed by the judge, grand jury, trial jury, county officers, and many good citizens of Worth and adjoining counties. Pardon granted July 26, 1902.

Wiley Freeman-Convicted at the September term, 1900, cf the superior call.rt of Bibb county, of manslaughter, and ~>entenced to five years in the penitentiary. Was first convicted of murder and sentenced to life imprisooment. He obtained a new trial and was sentenced to five years. He was a man of previous good character, while the deceased is shown to have been a man of very bad character. Since his conviction he received a severe injury, which permanently paralyzed him. His pardon is urged on these grounds. Pardon granted July 30, 1902.
Ernest Jackso~onvicted at the April term, 1902, of the city court of Hall county, of larceny from the horuse, and sen1x:mced to eight months on the chain-gang. He is a weakminded negro boy, about eighteen years of age, and the property stolen was only worth about $1.50. Pardon recommended by the prosecutor and mMly citizens. Grantted Augu~t 1, 1902.

Clinton 'l"homas-Con:victed at the December term, 1901, of the superior court of Bulloch county, of the crime of larceny, and sen!tenced to pay a fine of $100 and costs, or twelve months on the chain-gang. 'rhe property stolen was a pistol of small value, and the prosecutor and a number of citizens ask for his pardon, on the ground that his mind is weak and there is doubt as to whether he intended to steal the pist.ol. Pardon gran1ted August 2,1902.
John R.. Dominick-Convicted at the spring term, 1895, of the superior court of Bibb county, of the crime of receiving stolen goods, and sentenced to ten years in the peni'tentiary. He is now over sixty years of age and unable to work. His pardon is urged by the judge and solicitor thalt tried him, and many hundred citizens of Carroll, Coweta and Walker counties, Pardon granted August 4, 1902.

Emmett Heard-Convicted at the March term, 1902, of
the city criminal court of Atlanta, of a misdemeanor, and sentenced to pay a fine of $50. or twelve months on the_c~

86

JOURNAL OF THE HOUSE.

gang. His crime oons:isted in stealing a cabbage, and he has served over four months. The judge and solicitor advise his release. Pard'On granted August 7, 1902.
T. H. Carter---'Convic-ted at the fall term, 1901, o t'he supe-
rior court of Fulton county, of the crime of l'arceny after trust, and sentenced to uwo years in the penitenltiary. The amount apprnpriruted was small, and he has served more than eight months. Rince his conviction his wife has died, leaving three small children dependent on charity, and in need of his support. Pardon granted August 7, 1902.
George Kirk-Convicted at the August term, 1883, of the supeTior court of Polk conuty, of the crime of murder, with a recommendation to life imprisonment in the penitJentiary. He was convicted on cirournstantia'l evidence, and it has since been shown thrut one of the most im'Portant witnesses against him probably swore falsely. The camp physician certifie;: tlra:t he has developed a case of tu<berculosis, and that further confinement will probaibly prove fatal. Pardon granted August 1, 1902.
George Higgirrbotham-Convicted at the September tenn, 1900, of the superior court of Franklin county, and sentenL'I.ld
to pay a fine of $75, 'Or serve twelve months on the chain-
gang, for carrying pistol concealed. He was a boy about eighteen years of age, and was indicted for assault to murder and earrying pistol concealed. He has served out his sentence of two years fm assault to murder, and it is thought that he shauld be relieved of the lesser sentence. Pardon granted August 8, 1902.

Elijah Charlton-Convicted at the April term, 1900, of the superior court of Early county, of <the crime of rape, and seillten<ced to twenty year.s in the penitentiary. The ewidence upon which he was convicted was not whQlly satisfactory, and since ~the conviction reputable witnesses have been found who so discredit the testimony of the witness for the State as to make his guilt ex,tremely doubtful. Pardon granted August 8, 1902.

Joseph Ewalt-Convicted at the July term, 1896, of the superior court of Baldwin county..:. of murder, and sentenced

THURSDAY, 0CTOBER 23, 1902.

87

to life imprisonment. At the time the crime was committed he was in a drunken conditi<m, and there seems to have been
a:bsolwtely no malice. Since conviction his health has failed, and his pardon is urged by the solicitor -and a large number of citize11.s, including the jury that tried him. Pardon granted Auguslt 12, 1902.

Henry Craig---'Convicted at the spring term, 1896, of the superior court of Polk county, of burglary, and sen.tenood to twenty years in the penitentiary. He has been for many years incurably afflicted with syphilitic rheumatism, and is now unable to work. Pardon granted August 13, 1!>02.

Willie Akridge---->Convicted at the August term, 1902, of the city criminal court of Atlanta, of simple larceny, and sentenced .to pay a fine of $75, or three months on the chaingang. Defendant is a boy on'ly twelve years of age, and plead guilty to the theft of two pigeons. His previorus character good, and pardon urged by the judge and solicitor. Granted A-ugust 18, 1902.

SENTENCES COMMUTED.
Susie Foster-Convicted at the September term, 1901, of the superior court of Coweta county, of the offense of selling whiskey illegally, and sentenced to a fine of $-!00, or twelve months. She is shnwn to have four min:or cih:ildren whose ages range from ~>eventeen months to thirteen yea,rs, who are w!lrolly dependent on her. Commutation of sentence rbo a fine of $'300, or twelve months, recommen<dt'd by the judge, solicitor, ordinary, sheriff and clerk of the court. Granted Oetolber 2, 1901.
Oscar McCoy-Convicted at the August term, 1901, of the city criminal court of Atlanta, of carrying concealed weapons, and pointing- a ni;:;tol at another. and sentenced to a fine of $100, or twelve months in each ca:se. The judge and solicitor reconrmend that t1he punishment be commuted to one sentence, inasmrudh as both offenses were committed at t;he same time. Sentence commuted to fine of $100, or twelve months, October 3, 1901.

88

JOURNAL OF THE HOUSE.

Wiiliam Andel"Son-Convicted at the March term, 1899, of the superior court of Newton county, of assault with intent to murder, and sentenced to five years. 'rhe crime was comminted without malice, and in the encounlter the defendant received ~two severe wounds, from which he is now a 'SUfferer. He has served nearly three years imprisoDIIDent, and his sentence is recomlnended to three years aotmal serv~ce by all the jurors who tried him, the officials of Newton oounty, the offi-
cials of the city of Covington, and many citizens oi the
county. Granted November 8, 1901.
George Groover-Convicted at the December teTm, 1896, of the superior cou:rtt of Chatham county, of voluntary mansliliughter, and sentenced to fifteen years. His pardon Will& recommended by the grand jury, trial jury, judge, solicitor, and a large n:UIIIlber of citizens. Commutation of sentence to six years imprisonment, granted November 8, 1901.

Henry Jacksolli-Convicted.at uh' June term, 1901, of the superior oourt of Fulton county, of larceny from the house,
and sentenced to twelve months. Sentence commuted to pres-
ent service, and a fine of $50, on recommml!dllltion of the solicitor-general. Granted November 12, 1901.

Albert Waller-Convicted at the March term, 1901, of the superior court of Bibb county, of the crime df burglary, amd sentenced to twelve months. The articles stolen were of small value, and he has served 'the greater portion of his sentence. Sentence commuted to present service, November 8, 1901.

Peter Harris-Convicted a1t the February term, 1901, of the superior court of Walton county, of murder, and sentenced to be hanged. The evrdence on whioh he was conrvicted was
very conflicting, and it ha.s been shown that at the time or
the killing deceased had a pistol in his hand, anrd fue defendant claimed to have acted in seH-de:fence. Witnesses for the State were impeached by several witnesses for the defendant. His sentence commuted to life imprisonment, November 19, 1901.

Murray Whitley-Convicted at 1t;he July term, 1899, a the
superior court pf lf.all county, of burglary, and sentenced to
five years. He is shown to be weak-minded and of a low or-

THURSDAY, OCTOBER 23, 1902.

89

der of intellect. His pardon recommended by the judge, solim.. tor, county officials and many good citizens. Sentence commuted to three years, December 9, 1901.
Siras Fagan--Oonvicted at the November term, 1901, of the superior court of Macon county, of murder, and sentenced to be hanged. It has been shown that the deceased attempted to seduce thr wife of the defendant. Defendant found a letter deceased had written his wife, and he immediately }lrocured his gun an'd shot deceased. Clemency is recommended by the judge and solicitor, the grand jury and trial jury, county officials and many hundred good citizens. Sentence c~mmuted to life imprisQilllD.ellJt, December 9, 1901.

Bud Dover-Convicted at the September term, 1899, of thE:' superior COIUrt of Habersham county, of voluntary manslaughter, and sentenced to fifteen years. Defendant was a member of the sheriff's posse, and clraimed !fihat defendanJt was resisting arrest at the time of the killing. Clemency is urged by the grand jury, trial jury, county oflicers and many citizens. Sentence commuted to two years, ~ecember 26, 1901.
Sam Rice--Convict'd at the Deoomber term, 1901, of the city criminal court oi Atlan'ba, of the crime of sbal!Ybing, and sentenced to pay. a fine of $50, or serve six months on the public works. 'fhe stabbing was done in a fighlt brOIUght on by the pe~on stabbed. Defendant's previ'Ous character :was good, and in view of the serious illness of his wife., the judge and !lolieitor thmt tried him urge his pa-roon. Sentence commuted to a fine of $25, including costs, January 11, 1902.

John 1\foss--Convicted at the N'Ovember term, 1901, of the cit.y criminal court of Atlanta, of the offense of receiving stolen goods, anid sentenced to pay a fine of $50, or siJ: months on the chain-gang. He only received a few postage stamps, which he claimed were given t~ him by the thiet!. He has served uwo months, and !his previOIUs character was good. Clemency re-commended by the judge and solicitor who tried him. Sentence commuted to -a fine of $25, including costs, .January 11, 1902.

George Wilcox-C'Onvicted at the OctobE-r term, 1901, ot the superior court of Coffee county, of rape, and sentenced

90

]OURNAI. OF THE HOGSE.

to be hanged. The juoge and solicitor who tried him urg+:>that his senten.ce be commuted, which recommendation it~ joined in by the county officers <and many good teitizens of' Coffee county. Sentence commuted to twenty years, January 25, 1902.
Cap Oliver-Convicted at the September term, 1895, of the superior court of Dooly county, of the crime of voiuntary manslaughter, and sentenced to lbwerrty years. 'fhe deceased was the aggressor, and was a bad character. Defendant wna a peaceable, law-abiding negro previous to this difficulty. Has oorved about seven years with good conduct. 'l'hc judge and solicitor who tried him recommend clemency. Sentence commuted to ten years, January 27, 1902.
M. F. Sullivan-Convicted rut the December term, 1896, of the superior court of Ohatiham county, of the crime of manslaughter, an'd sentenced to fifteen years in the penitentiary. 'The killing occurred in a fight, in which several participated,. and the deceased is shown to have been a man of bad character. Clemency is urged by the grand jury, trial jury, ~ounty officers and solicitor-general. Sentence commuted to six years, January 28, 1902.
Simon J. O'Neil-Convicted at the December term, 1896,. of the superior court of Chatham county, of the crime of manslaughter, and sentenced to fifteen years in the penite:n tiary. He participated with M. F. Sullivan in the case above mentioned, and clemency is urged upon the same grounds. Sentence commuted to six years, January 28, 1902.

HenTy Brooks-Convioted at the spring term, 1901, of the superior court of Chatham county, of the crime of murder, and sentenced to be hanged. Seventy members of the Savannah bar, eleven members of the jury, and many citizens urge clemency on the ground of doubt as to defendant's guilt. Sentence commuted to life imprisonment, February 7, 1902.

D. T. Hood-Convicted at the August term, 1901, of the superior court of Spalding county, of selling whiskey illegally, and sentenced to twelve months, or a fine of $150. He was convicted in the recorder's court of Griffin, for the sameoffense, and :fined $100, which he paid. On account of pov-

THURSDAY, OcTOBER 23, 1902.

91

erly he was unable to pay the fine imposed by the superior court. Sinre conviction he has been an invalid and unable to do any work. Sentence commuted to a fine 'Of $'15, February 1'1, 1902.

Isa:dore Minder-Convicted at the spring term, 1901, of the superior court of Bibb oounty, of murder, and sentenced to be hanged. The Supreme Court, in reviewing this case, intimated fuat a verdict of life imprisonmemt would have been m'ore proper under the circumstances. The trial judge and solicitor urge this clemency. Sentence commuted to life imprisonment, February 26, 1902.
Sarah Brown-Oonvicted at the December term, 1901, of
the city criminal oourt of Atlal).ta, of the crime of larceny from the person, and sentenced to pay a fine of $100 and costs, or .tweh;e mvnths. The judge and solicitor reco;mrmend commutation to six months in jail. Granted March 1'1, 1902.
Mills Boston-Convicted at the November term, 1894, of the superior court of Bibb county, of the crime of murder, and sentenced to life imprisonment. Defendant shot his wife in a row in which several participated. He claimed it was accidental, and immediately gave himself up to the officer. Commutation recoJp.lnended by the judge and solici1tor, jurors and many good citizens. Sentence coonmuted to ~en years actual service, April 11, 1902.
J. L. Barry, Jr.-Convicted at the spring term, 1901, of the superior court of Fulton county, of the crime of shooting at anobher, and sentenced to twQ years. The jury that convicted him recom'lil1ended that he be punished as for a misdemeanor, but at the request of the defendant he .was given two years in the penitentiary in pmference to one year in the chain-gang. Sentence commuted to one year, April 30, 1902.
Willis Pulliam-Convicted at the November term, 1901, of the superior court of Bartow county, of the crime of gaming, and sentenced to nine months. He served over five months of his sentence, and it was thought his punishment had been sufficient. Sentence commuted to six months actual service, May 5, 1902.

92

JOURNAL OF THE HOUSE.

Mrs. H. D. Bertram---'Convicted at the November term, 1901, of the superior CO'Urt of Fulton county, of the crime of keeping a lewd house, and sentenced to pay a fine of $300, and six months in jail, or as an alternative punishment, to serve six months on the chain-gang. The camp physician certifies that she is more than five months pregnant, and further con:finemenrt will imperil her life. Sentence commuted to a fine of $50, May 8, 1902.

Calvin Beaoh-Convicted. at the November term, 1901, of the superior court of Houston county, of the crime of murder, and sentenced to .be hanged. The main witness againSt him has been shown to be a woman of the vilest character, and the judge and solicitor that tried him do not think t'hat the death
penaLy should be inflicted under the circumstances. Sen-
, tence commuted to life imprisonment, May 22, 1902.

Andrew Jackson-Convicted at the March term, 1902, of the superior court of Quitmap. county, of the crime of murder, and sentenced robe hanged. There seems to have been no intention on the part of the defendant to commit murder, and commutation is urged by the trial jurors, county officers, and fom-fifths of the qualified voters of the county. Sentence commuted to life imprisonmenrt, May 28, 1902.

E. G. Howard-Convicted at the January term, 1902, of the superior courlt of Bibb county, of the crime of murder, and sentenced to be hanged. Evidence conflicting. Defendaut was a man of previous good character, while decea~ was a frequent violartor of the law, and a man of ha.d character. Sentence commuted to life imprisonment, June 5, 1902.
Alfred oye-Convicted a:t the spring term, 1002, of the superior court of :Emanuel county, of the crime of murder, and sentrncecl to be hanged. Evidence has been discovered since the trial which crealRs consideraJble doubt as to the guiH of the defendant. Clemency is recommended 1by the trial judge, county officers, and many citizens. Sentence commuted to life imprisonment, June 12, 1902.
D. C. Loeb-Convicted at the February term, 1902, of the city court of E'l'berton, of 1the crime of soliciting orders for the sa,le of whiskey in Elbert county, and sentenced rbo pay a

THURSDAY, OCTOBER 23, 1902.

93

fine of $900, or twelve months on the chain-gang. He was a traveling salesman for a business firm; is a pO'or man an:d unable to pay the fine. Clemency is urged by many of thP. citizens of Elbert and Fulton couruties. Sentence commuted tD a fine of $-!50, or twelve months on the chlain-gang, June 13, 1902.
Henry S. Manning-Convicted at the May teT'IIl, 1897, of the superior court of Wayne county, of the crime of voluntary manslaughter, and sentenced to ten years. The trial jury recommended that the lowesrt penalty be given him. Clemency urged by the judge and solicitor, coonty officials and many citizens. Sentence commuted to seven years, J nne 27, 1902.
Bowdre Bell--Convicted at tihe spring term, 1897, of the superior court of Walton county, of volul11tary manslaughter, and sentenced to ten years. Defendant was a boy only eighteen years of age, who had pr8viously borne a good reputation. 'l'he evidence _was conflicting. Clemency is urged by the solicitor, prosecutor, county officers, and many citizens. Sentence commuted to seven years, July 11, 1902.
J. W. Grinn-Convicted art the spring. term, 1902, of the superior court of Pike county, of the crime of se1ling whiskey illegally, and sentenced to pay a fine of $250, or twelve months on the chain-gang. He was only technically guilty, and there seems flo have been no in;tcntion to violate the la.w. Clemency recommended by the judge and solicitor,. the grand jury, the trial jury, and many good citizens. Sentence commuted to a fine of $100, including costs, July 12, 1902.
George Ponder-Convicted in the city court of Brunswick, of the crime of kt>eping a lewd house, and sentenced to pay a fine of $125, and nine months on the chain-ga.ng. Several others were tried at the same time for the same offense, and were sentenced to pay a fine of $250, or serve nine months on the chain-gang. This defenclant's crime was no greater than the obhers, while his character seems to have been muc:h be:tte'r. Sell!tence commutrd to a fine of $250, or nine months on the chain-gang, July 30, 1902.
Jake Summeronr-Convicted at the Augnst 1erm! 1901, of the superior court of Forsyth county, of the crime of burglary,

94

JOURNAL OF THE HOUSE.

and sentenced to three years. The evidence wa:S doubtful, and the jury recommended that he be punished as for a misdemeanor. Clemency urged by the grand jury, trial jury, the prosecutor, the judge, and many citizens. Sentence commuted to two yerurs, August 2, 1902.

Dave Wright-Convicted at the January term, 1902, of the city court of Butts oounty, of shoo>ting on the public highway, and sentenced to pay a fine of $100, ~r bwelve months. Commutation to payment of a :fine of $-0, or twelve months, is recommended by the judge, prosecutor, county officers, and many good citizens. Granted August 4, 1902.

Jim Martin-Convicted at the l\Iarch term, 1901, of the superior court of Heard county, of the crime of murder, and sentenced to life imprisonment. Commutation of sentence to three years is urged by the judge and solicitor, county officers and many citizens. Granted August 8, 1902.

Thomas J. Hunter-Convicted at the spring term, 1900, of the ::.uperior court of Fulton county, of embezzlement, and sentenced to :five years. Sentence commuted to three years on recommendation of the solicitor-general, the trial jury, the President of the State Senate, the Speaker of the House of Representa:tives, most of the county officers, the mayor of At. lanta, and the oftlcers of the fohvwing banks: 'l'he Dowry Xational, the Fourth Kational, Third National, Atlanta XaJional, Maddox-Rucker Banking Co., the Trust Company of Georgia, representatives of the Atla11ta Constitution and A flanta Journal, aJlld many other prominent citizens. Granted August 8, 1902.

RESPITES.
Pete Harris-Convicted at the February term, 1901, of thE' surwrior court of Walton cmmt.Y, of murder, and sentenced to be hanged June 28, 1901. Respite granted until November 22, 1901, in order that the Supreme Court might have sufficient time to pass upon a mCJtiqu for a new trial. Respite granrted October 22, 1901.
Henry Brooks-Convicted at the ~Iarch term, 1901, of the superior court of Ohatham county, of murder, and sentenced

THURSDAY, OCTOBER 2:3, 1902.

95

.to be hanged on the 17th day of January 1902. OonsideraiJle ..doubt as to the guiH of the said Brooks, anrd respite granted until 21st day of :E'elbruary, 1902, in order that 1bhe Execrutive might have sufficient time in which to consider an application for commutation of sentence. Respite granted Jal).uary 17, 1902.

John Henry Peavy-Oonvioted of the crime of murder, at .the fatll 1ternn, 1901, of the superior court of Dooly county, .and sentenced to be hanged on the 18th day of :E'e'bruary, 1902. Hcspite granted until the 21:st day of March, 1902, in order tha:t the evidence of the said Peavy might be obtained in a case pending in the superior court of Dooly county. Respitte grantod February 17, 1902.

Andrew J ackson-Oonvicted at the March term, 1902, of .the sUJperior court of Quitman coun:ty, of murder, a,nd sentenced to be hanged April 15, 1902. Respi:te granted until :May 16, 1902, in order that the Pardon Board might have suflicient time to consider an application for commutation of sentence. Respite granted April 10, 1902.
Second. respite granted the said Jackson on May 13, 1902, for the same reasons stated in thE\ first.
Alfred Moyc~Oonvicted at the April term, 1902, of the superior court of Emanuel county, of the crime of murder, and sentenced to be hanged May 15, 1902. Respite granted until the 13th day of June, 1902, in order that the Boaro of Pardon!> might have sufficient 'time in which to consider an .appliC'ation for commutahon of sentence. Respite granted May 13, 1902.

96

JOURNAL OF THE HOUSE.

~Ir. Hall of Bibb, moved that so much of the Governor's message as refers to the erection of a new depot in the city of Atlanta be referred to a committee of five.

Before the above motion could be put to the House, the hour of eleven o'clock arrived, which was fixed for the meeting of the joint assembly of the House and Senate.

The Senate then appeared upon the :floor of the House and the joint assembly, convened for the purpose of counting and declaring the result of the State election, was called to order by the lion. Clark Howell, President of the Senate.

The resolution convening the House and Senate in joint session was then read by the Secretary of the Senate.

After a consolidation of the votes from the several connties, it was found that the Hon.J. ~I. Terrell had received 81,344 votes, and the Hon. J. K. Hines 4,747 votes; so the Hon. Joseph J\f. Terrell having received a majority of all of the votes cast, was declared duly elected Governor for the ensuing term of two years.

On motion of J\fr. Hall of Bibb, the consolidated returns of the several counties for all State house officers and judges and solicitors-General of the Supreme and superior courts, was announced.

On motion of Senator Comas, the joint assembly was then dissolved, and the Senate retiring, the House was again called to order by the Speaker.

The Speaker announced the following Committee on Rules: ~Ir. :Morris, ex offido chairman; ~Ir. Calvin, vice-

THURSDAY, OCTOBER 23, 1902,

97

chairman; Messrs. Knowles, Reid, Steed of Taylor, Cann, Wilson, Slaton, Flynt, Akin.

The following resolution was read and adopte<j, to wit:

By Mr. Fields of Dooly-

A resolution thanking the authorities of the Interstate Fair for courtesies extended the General Assembly.

Leave of absence was granted the following members: Messrs. Evans of Washington, McLean, Bell of Emanuel, Johnson of Crawford, Maples, Glenn, Deal, Butts.

On motion of Mr. Calvin of Richmond, the House then adjourned until 10 o'clock to-morrow morning.

7h j

98

JOURNAL OF THE HOUSE.

Atlanta, Georgia, Friday, October 24, Hl02.

The House met pursuant to adjournment at 10 o'clock a.m. this day; was called to order by the Speaker pro tmn. and opened with prayer hy Bishop \\'arren A. Candler.

:Mr. \Vilson of Clay, moved that the roll-call be dispcuscd with, but ~lr. Hall of Bibb, objected, a11<l the motion wa~ lost.

The roll was calletl and the following members answered to their names:

Adams,

Call"in,

Akiu,

Candler,

Alexauder,

Uann,

Alford,

Can,

Almond,

Carrington,

Arnold,

Carswell,

Ayres,

Cliatt,

Baldwin,

Conner,

Beall,

Cook,

Beauchamp,

Cromartie,

Bell of Emanuel, Crumbly,

Bell of l\lilton,

Daves,

Blacklmrn,

Davis,

Booth,

Davison,

Bowen,

Derricl;:,

Boy kin,

llozier,

Brinson,

Duck('tt,

Brock,

Duggan,

Brown,

Dunbar,

Bruce,

Edwards,

Buchan,

English,

Huchannon,

J<Jnnis,

Burton,

., : v :l''eld('r,

Hush,

Fields, Flanigan, Flynt, Foster of Oconee, Foster of Towns, l' rankl in, Fussell, Uaul<len, George, Grenade, Urice,
(~tittin,
Hall, Hardeman, Harden, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of Carroll, Hixon of Sumter, Holder,

FRIDAY, OCTOBER 24, 1902.

99

Houston,

Mulherin,

Roper,

Howard of Haldwln, McHride,

Rountree,

Howard or Laurens, McUurry,

Sanders,

Howell,

McElmurray,

Shackelford,

Hutcheson,

McHenry,

Shannon,

Johnson or Haker, C\fcHae.

Singletary,

.Johnson or Ullnch, Newton,

Slaton,

Jones or Dougherty, Nisbet,

Stanford,

Jones or Pickens, Owen,

Steed or Carroll,

Kelly,

Oyerstreet,

Steed of 'l'aylor,

Kendrick,

O'Quinn,

Stewarc,

Kent,

Patket,

StoYall,

Kilburn,

l'ate of Dooly,

~trickland,

Knight,

Pate of Gwinnett, 'l'hOllllJSOn,

Knowles,

Paulk of Uoftee,

Thurman,

Lane,

Paulk of Irwin,

'J'igner,

Lanier,

Peyton,

Tracy,

Lawrence,

l'llillips of J efterson, enderwood.

Little, Lowe, Mann, Martin, Mayson, M!ller of Hnllock, . M!ller of Muscogee, Mills, Mitcham, Mitchell, Mizell, Morton, Moses,

l'llillips or Quitman, Yalentine.

Pteston,

walker of ~lonroe,

Proctor,

"'alker of Pierce,

Rainey,

warren,

Hankin,

"'atson,

Hawls,

welch,

Hedwine,

'Yellborn,

Reid,

"'est,

Rice,

'Yhitley,

Hichardson,

'Vilson,

Ridley,

Wise,

Rogers of Hall,

Womble,

Rogers

of

Mcintosh,

"rooten. Yates.

Those absent were :Messrs.-

Berry, Butts, Deal, Evans,

Glenn,

lllcLa!n,

Johnson of Urawford,Spence,

Maples,

Mr. Speaker.

Mr. T. \Y. Redwine, of the county of Henry, came forwarn and was sworn in as a member of the General Assembly, the oath of office being administered by the Hon. Andrew J. Cobb, Associate .Tustice of the Supreme Court.

100

JOURNAl. OF THS HOUSE.

On motion of Mr. Felder of Bibb, the reading of the Journal of yesterday's proceedings was dispensed with.

Under the head of unfinished business Mr. Hall of Bibb, renewed his motion to refer so much of the Governor's message as referred to the building of a union passenger depot in the city of Atlanta, to a special committee of five.

Mr. Slaton of Fulton, moved that the above motion be tabled, and on the motion to table Mr. Kelly of Glascock, called for the ayes and nays, which call was sustained.

On taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Alford, Almond, Ayres, Hell of Emanuel, Booth, Brock, Bruce, Huchannon, Burton, Bush, Candler, Cann, carr, Carswell, Cliatt, Crumbly, Daves, Da\ls, Davison, Derrick, Dozier,

Duckett, Ennis, l'lanigan, l'oster of Oconee, Foster of Towns, Franklin, Grenade, Griffin, Hatden, Hawes, Hixon of Carroll, Holder, Houston, Howell, Johnson of Clinch, Knowles, 1\lann, Mayson, :\IIlls, 1\loses, McCurry,

Mclillmurray,

McHenry,

McLain,

Nisbet,

Owen,

O'Quinn,

Peyton,

Phillips or Jerrerson.

l'hillips or Quitman.

Proctor,

Ridley,

Rogers or Hall,

i"laton,

Steed or Carroll,

Stewart,

Strickland,

Thompson,

'Vatson,

Welch,

'Vilson,

Yates,

.j

FRIDAY, OCTOBER 24, 1902.

101

Those voting in the negative were Messrs.-

Adams, Akin, Alexander, Haldwin, Heal!, Heauchamp, Hell of Milton, Hlackburn, Boykin, Brown, Buchan, Calvin, Cal'l'ington, Conner, Cook, Cromartie, Duggan, Dunbar, Edwards, English, E'ans, !<'elder, l"ields, Fussell, Gaulden, George, Grice, Hall, Hardeman,

Hayes,

Paulk of Irwin,

Hendry,

Preston,

Hemy,

Rainey,

Hicls,

Rankin,

Howa1<1 of Laurens, Rawls,

Hutcheson,

l{edwlne,

Johnson of Haker, Reid,

Jones of Dougherty, Rice,

Jones of Pickens, Richardson,

Kelly,

Rogers of Mcintosh,

Kendrick,

Ropm,

Kent,

Rountree,

Kilburn,

Sandets,

Knight,

Shackelford,

Lane,

Shannon,

Lanier,

Singletary,

Lowe,

Stanford,

Martin,

StoYall,

Miller or Hullock, Thurman,

Mitcham,

Tigner,

Mizell,

Trae~.

Morton,

{TndPrwood,

Mulherin,

Valentine,

McHride, Newton, Parker, Pate of Dooly, Pate of Gwinnett, Paulk of Cot'l'ee,

Walker of Monroe, Walker of Pierce, West, Whitley, Wise, "'omble, Wooten,

Those not voting were Messrs.-

Arnold, Berry, Bowen, Brinson, Butts, Deal, l!'lynt, Glenn,

Hixon of Sumter, McHae,

Howard of Ha:ldwin, Overstreet,

Johnson of Crawforr1, Spence,

Lawrence,

Steed of Taylot,

Little,

\Varren,

1\Iaples,

Wellborn,

Miller of Muscogee, Mt. Speal,er.

Mitchell,

102

JOURNAL OF THE HOUSE.

On motion of :Mr. Slaton, the verification of the rollcall was dispensed with.

On counting the vote it was found that the ayes were 63, nays 88. The motion to table was therefore lost.

The following resolntionR were introclnee<l as substitutes for the motion of Mr. Hall of Ribh, and read, to wit:

By 1\fr. Tigner of }[nseogcc-

A re,;o]ntion prO\iJing that all recommendations of the Governor an<l all hills and regolntions referring to the emotion of a passenger depot in Atlanta, be referred to a r-;pceial eommittce of ten.

The above resolution was ruled not germane by the Speaker.

ny Mr. George of l\Iorgan-
A resolution providing that a committee of five be appointed to irwe"ltigate the condition of the union depot in Atlanta, and report to the General .Assembly.

By unanimons consent Mr. George was allowed to withdraw the above resolution.

Mr. Calvin of Hichmond, called the previous question on the original motion, which call was sustained, and the main question ordered.

At the request of the Speaker, l\fr. Hall reduced his motion to writing, the same taking the form of a resolution, which was as follows, to wit:

FRIDAY, OCTOBER 24, 1902.

103

Resolved, That that portion of the Governor's message in reference to the union passenger depot in Atlanta be referred to a special committee of five, who shall investigate the present condition of the \V. & A. R R. in the city of Atlanta, and report to the Honse all the facts in connection therewith, and what legislation is necessary to re<luire the lessees to comply with their contract.

On the a<loption of the resolution, :Mr. Kelly of Glascock, called for the ayes and nays, which call was sustained, and OIL taking the ballot V'iva voce the vote was as follows:

Those voting in the allirmative were :Uessrs.-

Adams, Akin, Alford, Baldwin, Beauchamp, Bell of Milton, Boykin, Brown, Buchan, Bucilan,non, Burton, Calvin, Candler, Carrington, Cliatt, Conner, Cook, uromart!e, Crumbly, Duggan, Dunbar, Edwards, English, ICvans, !"elder, Field!',

Fussell,

Morton,

Gaulden,

McBride,

George,

1\lcLr.in,

Grice,

::-iewton,

Hall,

O'(!uinn,

Hayes,

Parker,

Hendry,

l'ate or Dooly,

Hicks,

Paulk of Colfee,

Howard of Laurens, Paulk of Irwin,

Howell,

Preston,

1-1 utcheson,

Hainey,

.Johnson of Baker, Hani{in,

.Johnson of Ulinch, Uawls,

Jones of Dougherty, Hedwine,

Jones of l'icken,;, Heid,

Kelly,

H!ce,

Kent,

ltichardson,

Kilburn,

Hoper,

Knight,

Hountree,

Lane,

Sanders,

Lowe,

Shackelford,

Mann,

Singletary,

1\fartin,,

Stanford,

Miller of Bullock, Steed of Taylor.

1\Iltcham,

Stovall,

Mizell,

Strickland,

104
Thompson, Thurman, 'figner, Tracy,

]OURNAL OF THE HOUSE.

Underwood, Valentine, Walker of Monroe, walker of Pierce,

Whitley, Womble, Wooten,

Those voting in the negative were Messrs.-

Alexander, Almond, Ayres, Beall, Bell of }j]manuel, Blackburn, Brock, Bruce, Bush, Cann, Carr, Carswell, Daves, Davis, Derrick, Dozier, Duckett, Ennis, Flanigan,

l<'oster of Oconee, Foster of Towns, l<'ranklln, Grenade, Hardeman, Harden, Hawes, Henry, Hixon of Catroll, Holder, Houston, Kendrick, 1\:nowles, Lanier, Lawrence, Little, Mayson, Mills, Moses,

McCurry, Mc}j]Jmurray. McHenry, Nisbet, Owen, Pateof Gwinnett, Phillips of Jetrerson, Phillips or Quitman. Ridley, Rogers of Hall, Rogers of Mcintosh, Slaton, Steed of Carroll. Stewart, Welch, Wilson, Wise, Yates,

Those not voting were Messrs.-

Arnold, Berry, Booth, Bowen, Brinson, Butts, Davisou, Deal, Flynt, Glenn,

Griffin,

Peyton,

Hixon of Sumter, Proctor,

Howard of Baldwin, Shannon,

Johnson of Crawford, Spence,

Maples,

Warren,

Miller of 1\Iuscogee, Watson,

Mitchell,

Wellborn,

Mulherin,

West,

1\tcRae,

Mr. Speaker.

Oyerstreet,

On motion of Mr. Felder of Bibb, the verification of the roll-call was dispensed with.

FRIDAY, OCTOBER 24, 1902.

105

On the adoption of the resolution the ayes were 89, nays. 57.

The resolution having received the requisite constitutional majority was adopted.

The following resolution was read and ordered to lay over for one day, to wit:

By Mr. Davis of Meriwether-

A resolution providing that sub-committees sent out from the standing committees to visit State institutions consist of only three members, except the committee to visit thtJState Sanitarium, which shall consist of only seven members.
The following bills, which were upon the desk for a first reading when the hour for the joint session of the General Assembly arrived yesterday, were read the first time and appropriately referred, to wit:
By Mr. Blackburn of Fulton-
A bill to amend section 739 of the Code of Georgia, and for other purposes.
Ueferred to General Judiciary Committee.
By Mr. Hardin of Chatham-
A bill to provide compe~sation for deputy sheriffs and bailiffs of superior courts in cities having a population of 50,000 inhabitants, or more, and for other purposes.
Referred to Special Judiciary Committee.

106

JOURNAL OF THE HOUSE.

By Mr. Parker of Talbot-

A bill to provide for the establishment of a dispensary in the town of Talbotton, and for other purposes.

Referred to Committee on Temperance.

By Mr. Tigner of :M:nseogee-

A hili to amend paragraph 1, section 1, article 7 of ths Constitution of the State of Georgia, relating to the power of taxation, and f 0r other purposes.
Referred to Committee on Constitutional Amendments.

By Mr. Ilar<lin of Chatham--

A bill to amen<! an Act" to provide for the protection of gmnP, inscctiYorons binls, etc., and for other purposes.

Referred to Committee on General Agriculture.

J~y :Mr. Hardin of Chatham-

A hill to authorize clerks of the snpcrior courts to appoint deputy clerks, anrl for other purposes.
Hefcrre<l to Speci8l Jm1iciary Committee.
B,v ~Ir. Candler of J.?cKalb-
:\ bill to amend paragraph 2, section 2, article 7 of the ('onstitution, and for other pu_rposes.
Referred to Committee on Constitutional Amendments.

By Mr. "Franklin of \Yashington-
A bill to incorporate the Tennille school <listrict, m Washington county, and for other purposes.

FRIDAY, OCTOBER 24, 1902.

107

Referred to Special Judiciary Committee.

By Mr. Evans of \Yashington-

A bill to amend an Act to establish the city court of Sandersville, and for other purposes.

Referre<l to Special .Judiciary Committee.

Ry Mr. 1\fnllwrin of Richmond-

A bill to create a board of fire commissioners for the city of Angnsta, awl for other purposes.

Hefcrrcd to Special .Twliciary Committee.

By Mr. ] )unbar of Riehmond-

A bill to proYi<le :for a complete roster of soldiers furnished by Georgia in the war between the States, and for other purposes.

Hefcrrcd to Committee on Appropriations.

By l\fr. Kelly of Glascock-
A bill to revise the election laws of this State, and for other purposes.

Heferrecl to Committee on Privileges and Elections.

By ..Mr. Conner of Bartow-
A bill to require the State of Georgia to pay the expenses of all cases for which the county is liable, in the trials of cases against the western & Atlantic Railroad.
Referred to General Judiciary Committee.

108

JOURNAL OF THE HOUSE,

By l\fr. Tigner of Muscogee-

A bill to amend section 2615 of the Civil Code of Georgia, and for other purposes.

Referred to Committee on J_,abor and Labor Statistics.

By Mr. Overstreet of Screven-
A bill to abolish the county court of Screven county, and for other purposes.

Heferred to Special Judiciary Committee.

By Messrs. Alexander and Grenade of Wilkes-

.A bill to repeal an Act to establish a dispensary in the city of Washington, and for other purposes.
Referred. to Committee on Temperance.

By l\lr. Davison of Greene-

A bill to amend section 5269 of the Code of Georgia, and for other purposes.
Referred to Special Judiciary Committee.
The following resolution was read and ordered to lay over :for one clay, to wit:

By Mr. Steed of Taylor-

A resolution calling upon the State librarian for information as to copyrights of Supreme Court Reports from the 30th to the 65th volume.

FRIDAY, OCTOBER 24, 1902.

109

The Speaker appointed the following committee on inaugural ceremonies: Messrs. Felder, chairman; Davis, Hawes.

Leave of absence was granted the following members: l\Iessrs. Lane of Sumter, Akin, Richardson, Newton, Morris, Overstreet, Proctor, Bowen, Kendrick, Spence, Phillips, Mitcham, Connor, Grice, Brown, Evans.

On motion of :Mr. Howell of Meriwether, the House adjourned until 10 o'clock to-morrow morning.

110

JoURNAL OF THE HOUSE.

Atlanta, Georgia,

Saturday, October 25, 1002.

The House met pursuant to adjmtmmeut at 10 o'clock a.m. this day; was cn llc<l to order by the Speaker and opened with prayer by the Chaplain.

The roll was callc<l all(l the following members answered to their names :

Adams, Alexander, Alford, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell of .I!Jmanuel, Bell of l\Iilton, Blackburn, Booth, Boy kin, Brock, Brown, Bruce, Buchan, Buchannon, Burton, Bush, Butts, Calvin, Candler, Cann, Carr,
Carrin~ton,

Carswell, Cliatt, Conner, Cook, Cromartie, Crumbly, Daves, Davis, Davison, Derrick, Duckett,
Duggan,
Dunbar,
l~dwards,
English, Ennis, Evans, Feldet, Fields,
l1,lanig-an,
Flynt, Foster of Oeonee, Foster of Towns, Franklin, Fussell, tlaulden, George,

Hknn, Gten:HJe, Grice, Griffin, Hall, Hardeman, Harden, Hawes, Hayes, Hendry, Henry, Hicks,' Hixon of Carroll, Houston, Howar<l of Baldwin, Howard of Laurens, Howell, Hutcheson, Johnson of Baker, Johnson of Clinch, Jones of Dougherty,
.rones of Pickens,
Kelly, Kendrick, Kent, Kilburn, Knight,

SATURDAY, OCTOBER 25, 1902.

Ill

Knowles, Lane, Lanier, Lawrence, Little, Lowe, l\lann, Martin, Mayson, Miller of .Bullock, Miller of l\1 us cogee, Mills, Mitcham,
~Iitchell,
Mizell, Morton, Moses, Mulherin, 1\IcBride, ;\lcUurry, McElmurray, McHenry, McLain, 1\IPHae, Newton, Nisbet,

Owen,

Shannon,

O'Quinn,

Singletary,

Parker,

Slaton,

Pate of Dooly,

Stanford,

Pate of Gwinnett, Steed of Carroll,

l'aulk of Coffee,

Steed of Taylor,

Paulk of Irwin,

Stewart,

l'eyton,

Strickland,

Phillips of ~efferson, Thompson,

Phillips OJ' Quitman, Thurman,

I'reston,

Tigner,

l'roctor,

'l'ra!'y,

Hainey,

TlndPrwood,

Hankin,

Valentine,

Hawls,

Walker of Monroe,

HP<Iwlne, Heid, Hice, Hi!'hardson, Hid!Py,

\Yalker of Pierce, "'elch, Wellborn, \Vest. Whitlt>y,

Hogers of Hall,

Hogers of :\lclntosh, Wise,

Hoper, Hountree, Sanders, Shackelford,

\Vomble, Wooten, Yates. Mr. Speaker.

Those absent were Messrs.-

Akin, Berry. Bowen, lkinson, Deal,

Dozier,

Overstreet,

Hixon of Sumter, Spence,

Holder,

Stovall,

Johnson of Crawford, \Varren,

Maples,

\Vatson,

On motion of l\fr. Grice of Pulaski, the reading of the Journal of yesterday's proceedings was dispensed with.
The following reRolntions, which were on the Clerk's <le~k, were taken np after having laid over for one day and read the second time, to wit:

112

JOURNAL OF THE HOUSE;.

By "Mr. Hall of Bibb-

A resolution to appoint a standing committee of the House, to be known as the finance committee, and for other purposes.

Under the rules of the House the above resolution was referred to the Committee o.n Rules.

By Mr. Davis of :Meriwether-

Be it resolved by the House of Representatives of the General Assembly of Georgia, first, That sub-committees sent out from standing committees to visit the State institutions, shall not consist of more than three members, except the sub-committee to visit the State Sanitarium, and this committee not to consist of more than seven members. second. That the Auditing Committee of the House be instructed not to audit any accounts for the expenses of the members of the committees sent to visit State institutions, unless same accounts are accompanied by vouchers showing actual expenditures of amounts stated.

Mr. Hall of Bibb, offered the following amendment, to wit:

Amend by striking ont the first section of the resolution and ineerti nf.; in lien thereof the following:

''Resolved, That the Speaker shall fix the time when any eommittee shall visit State institutions, and not more than two <>ommittecs shall be absent at the same time."

:1fr. }.,r:mldin of \Yashington, moved that the resolution and amendment he tabled, and on that motion Mr. Davis, of .1\feriwether, called for the ayes and nays, which call



"

SATURDAY, OCTOBER 25, 1902,

113

was sustained, and on taking the ballot viva voce the vote was as follows :

When the name of }Ir. Hall of Bibb, was reached he asked permission to explain his vote. Mr. Franklin of Washington objected, but a rising vote was had and Mr. Hall was allowed the privilege of explaining his vote. The roll-call then proceeded.

Those voting in the affirmative were Messrs.-

Adams, Arnold, Ayres, Baldwin, Bell or Milton, Blackburn, Hoykin, Brock, Bruce, Buchan, Hush, Butts, Carrington, Carswell, Cromartie, Ummbly, Daves, Davison, Derrick, Duckett, Dunbar,

Ennis, Evans, Foster of '!'owns, Franklin, l<'ussell, Gaulden, Grenade, Henry, Houston, Johnson of Baker, Jones or l'ick~ns, Kelly, Kendrick, Kent, Knight, Knowles, Martin, McBride, McCurry, 1\fcElmurray,

McHenry, Nisbet, Parker, Pate of Dooly, Paulk or uorree, Rainey, Rankin, Rawls, Ridley, Rogers of Mcintosh, Roper,
~anders,
Steed of Taylor, Stewart, Thompson, Wellborn, Whitley, Wilson, Wise, Wooten,

Those voting in the negative were Messrs.-

Beauchamp, Huchannon, Burton, Candler,
8h j

Cann, Carr,
Davis, Duggan,

g(Jwnrds,
J<::n~lish,
Feluer, Flanigan,



114

JoURNAL OF THE HOUSE.

Flynt,

Lowe,

l<'oster of Oeonee, l\1ann,

George,

1\Iayson,

Glenn,

l\Iiller of Bullock,

Urice,

~IIIls,

Hall,

l\Iitchell,

Hardeman, Harden,

Mizell, 1\iorton,

!Iawes, Hendry,

:\leLa in, Owen,

Hicks, Hixon or Carroll,

O'Qulnn. Pate of Gwinnett,

Howard of Laurens, Peyton,

Howell,

Pteston,

.Johnson of Clinch, Hedwine,

.Tones of Dougherty, Reid,

Lawrence, Little,

Rogers of Hall,

Shackelford, Shannon, Singletary, Slaton, Stanford, Steed of CatToll, Thurman, 'l'igner,
~rracy,
"Cnderwood, Valentine, "'alker of Monroe, walker of J"ierce, "re1c11, West, 'Vomble, Yates,

Those not voting \\ere :Messrs.-

Akin, Alexander, Alford, Almond, Beall, Uell of !<]manuel,
lletT~.
Booth, Bowen, Brinson, Brown, Calvin, Cliatt, Conner, Cook, Deal, Dozil:r,

Fields,

:'lie Rae,

Griffin,

~ewton,

Hayes,

OYerstreet,

Hixon of Sumter, Paulk of Irwin,

Holder,

Phillips of J etterson,

Howard of Baldwin, Phillips or Quitman,

Hutcheson,

Proetot,

Jolm,son of Crawford,Rice,

Kilburn,

Richardson,

Lane,

Rountree,

Lnnier,

Rpence,

:'IIaples,

Stovall,

:'llillet of :\Iuscogee, Strickland,

::\fitch a m ,

'Varren,

::\loses,

'Vatson,

Mulherin,

?~Ir. Speaker.

On motion of :J[r. Howell of l\feriwcthcr, the verification of the roll-eall was 41ispcnsed with.



SATURDAY, OCTOBER 25, 1902.

115

On the motion to table the resolution and amendments, aye;; were Gl, nays 64. The motion to table was therefore lost.
J'vlr. Wilson of Clay, called the previous question, which call w'as sustained and the main question ordered.

The amendment offered by l\fr. Hall of Bibb was then put to the House and the same was adopted; the ayes were b4-, nays 29.

On the adoption of the resolution as amended, Mr. Davis of :Meriwether called for the ayes and nays, which call was sustained; and on taking the ballot vi'Va voce the Yote was as follows :

Those voting in the affirmative were :Messrs.-

Alexander, Almond, Ayres, Baldwin, Beauchamp, Bell of Milton, Blackburn, Boykin, Brock, Bruce, Buc11an. Buchannon, Burton, Bush, Butts, Uandler, Uann,
Carr,
Uarswell, Cllatt,

Cook, Cromartie, Crumbly, Daves, Davis, Duggan, Edwards, English, !<'elder, }j'lynt, l'oster of Oconee, l<'oster of 'l'owns, I'ussell, Gaulden, George, Glenn, (}renade, Grice, Hall, Hardeman,

Harden, Hendry, Henry, Hicks, Hixon of Uarroll, Houston, Howard of Baldwin,. Howell, Jones of Dougherty,. .Tones of Pickens, Kent, Knight, Lanier, Little, Lowe, Mann, Martin, Mayson, Miller of Bullock, Mitchell,

116

jOURNAL OF THE HousE.

~lizell, ~lorton,
:\loses, McBride, McElmm-ray, :'llcHenry, Xis bet, Owen, O'Quinn, Parker, Pate of Dooly, Paulk of Uotree, Paulk of Irwin, Preston,

Rainey,

Thurman,

Rawls,

Tigner,

Redwine,

'!'racy,

Reid,

Underwood,

Ridley,

Valentine,

Rogers of Mcintosh, Walker of Monroe,

Shackelford,

Walker of Pierce,

Shannon,

'Vatson,

Singletary,

Wilson,

Slaton,

ViTise,

Stanford,

'Vomble,

Steed of Carroll, 'Vooten,

Stewart,

Yates.

Strh:k1and,

Thof'e voting in the negative were Messrs.-

Adams, Darrington, Davi8on, Duckett, B u n is, !!:vans, Franklin,

.Johnson of Baker, .Tolmson of Ulmch, Kelly, 1\lills, :\lcumry, :\lcLain, Peyton,

Rankin, Rice, Sanders, Steed of Taylor, West, Whitley,

Those not Yoting were Messrs.-

Akin,

Alford,

Arnold,

Beall,

Hell of I,manuel,

Berry,

Booth,

Bowen,

Brinson,

Rrown,

Calvin,

Conner,

neal, Derrick,

'

Dozier,

Dunbar,

Fields,

1\liller of Muscogee,

Flanigan,

Mitcham,

Uritlin,

:\1ulherin,

II awes,

:\feRae,

Hayes,

Newton,

Hixon of :5mnter, Overstreet,

Holder,

Pate of Gwinnett,

Howard of Laurens, Phillips of Jetrerson,

Hutcheson,

Phillips or Quitman,

Johnson or Crawford, Proctor,

Kl'ndriel,,

Richardson,

Kilburn,

Hogers of Hall,

Knowles,

Roper,

Lane,

Rountree,

Lawrence,

!'\pence,

MatJles,

StoYall,

SATURDAY, OCTOBER 25, 1902.

117

Thompson, Warren,

Wellborn, Welch,

l\Ir. Speaker.

:Mr. Howell' of Meriwether asked the unanimous consent of the IIouRe to dispense with the verification of the roll-call. Objection was raised by !fr. Franklin of Washington. The Speaker, however, said that in the economy of time, and in view of the fact that the House and Senate would convene in joint session in a few moments, he would put the question to a vote.
The question was then put to a vote and the verification of the roll-call was dispensed with.
On the adoption of the resolution the ayes were 101, nays 20.
The resolution having received the requisite constitutional majority was adopted as amended.
The Speaker announced the following special committee on W. & A. R. R. : Mr. Hall of Bibb, chairman; Messrs. Rainey, Stovall, McHenry, Blackburn.
The hour for the meeting of the joint assembly of the House and Senate having arrived, the Senate appeared upon tho floor of the House, and the joint session convened for the purpose of inaugurating the Governor, and was called to order by the Pr~sident.
Immediately thereafter the Governor-elect, lion. Joseph M. Terrell, together with Gov. A. D. Oand.ler, the judges of the Supreme Court, the State house officers, and other distinguished gentlemen, appeared upon the floor of the House. The Governor-elect was escorted to the Speaker's stand, where, after delivering his inaugural address, the

118

JOURNAL OF THE HOUSE.

oath of ofllec was administered by the Hon. Thos. J". Simmons, Chief ,J nstice of the Supreme Court, after which the Govemor aml attending officials retired.

On motion of tl10 Senator from the 8th district, the joint session was <lissolYed and the Senate retiring, the House was again eallc<l to order by the Speaker.

::\fr. \re~t of Lowndes, arose in his seat and extended to the Uencnd .\sscmbly au imitation to attend the State Fair at \'aldostn on October :10th.

The fnllnwing resolution was read and adopted as amended, to wit:

By ~I r. ~\I ills of Cherokee-

A resoh1ticm providing that the General Assembly attend the State Fair at \'aldosta on October 30th.

~fr. Fclckr of Bibb, offered the following amendment, whieh was a<lopte<l, to wit: Amend by making October 30th dies 11011.

LeaYc of absence was granted the following members: :Messrs. Tigner, Arnold, Stovall, :Mizell, Rountree, Griffin, Welch, Strickland, Hardeman, Buchan, Cook, "'Wooten.

On motion of _Mr. Kelly of Glascock, the House adjourned until 10 o'clock Monday morning.

MONDAY, OCTOBI<:R 2i, 1902.

119

Atlanta, Georgia, :Monday, October 27, 1!:102.

The Honse met pnrsnant to adjournment at 10 o'clock a.m. thif' dny; was called to order hy the Speaker, and opened with prayer by the Chaplain.

The roll was called and the following members answered to their names:

Akin, Alexander, Alford, Almond, Ayres, Baldwin, Beall, Bell of Emanuel, Hell of Milton, Blackburn, Booth, Brock, Htown, Bruce, Buchan non, Burton. Hush, Butts, Calvin, Cann, Carr, Carrington, Carswell, Cliatt, Conner, Cook, Cromartie,

Crumbly, Daves, Davis, Davison, Derrick, Duckett, Duggan, Dunbar, Edwards, I<;ngiish, Ennis, Felder, Flanigan, Foster of Oconee, Foster of '!'owns, l<'rankiin, !fussell, Gaulden, George, Glenn, Grenade, Grice, Gritlin, Hall, Hardeman, Harden, Hawes,

Hayes, Hendry, Henry, Hicks, Hixon of Carroll, Houston, Howard of Baldwin, Howard of Laurens, Howell, Hutcheson, Johnson' of Baier, Johnson of Clinch, Jones of Dougherty, .Jones of Pickens, Kelly, Kilburn, Knight, Knowles, Lanier, Lawrence, Little, Lowe, Mann, .\Iaples, Martin, Mayson, !\Iiller of Bullock,

120

JOURNAL OF THE HOUSE.

!lilller of )luscogee, :u ills, Mitcham, 1\Iizell, Motton, Moses, Mulherin, l\IcBride,
~lcCurry,
l\lcElmurray, McHenry, )lcLaln, MfHae, Newton, Nisbet, 0Yerstreet, O'Quinn, Pate of Gwlnnett, Paulk of Coffee, Paulk of Irwin,

Peyton,

Steed of Carroll,

!'reston,

Steed of Taylor,

Rainey,

,Stewart,

Rankin,

Stovall,

Rawls, Redwine,

Thompson, Thurman,

Heid,

'!'racy,

IUce,

Underwood,

Richardson,

Valentine,

Ridley,

'Valker of Monroe,

Rogers of Hall,

Walker of Pierce,

Rogers of Mcintosh, "'anen,

Roper,

Watson.

Sanders,

Welch,

Shackelford, Shannon,

'Vellborn, Whitley,

Singletary,

"'ilson,

Slaton, Spence,

'Vise, 'Vomble,

l'ltanford,

Mr. Speaker.

Those nbsent were Messrs.-

Adams, Arnold, Beauchamp, Bowen, Hoykln, Brinson, Buchan, Candler, Deal, Dozier, Evans,

Fields,

Pate of Dooly,

l!'lynt,

Phillips of J elferson,

Hixon of Sumter, Phillips or Quitman,

Holder,

Proctor,

Johnson of Crawford,Rountree,

Kendrick,

Stricli:land,

Kent,

'l'igner,

Lane,

West.

!\fitch ell,

'Vooten,

Owen,

Yates,

Parker,

On motion of :Mr. "E'ranklin o Washington, the reading o the ;ronrnal o Saturday's proceedings was dispensed with.
The Speaker announced the following Committee on P~ivilcges and Elections: 1\fr. Wilson, chairman; Mr.

MONDAY, OCTOBER 27, 1902.

121

Davison, vice-chairman; :Messrs. Brock, Beall, Steed, Thurman, Beauchamp, Grice, :Miller, Shannon, Lawrence, Cook, Daves, Wellborn, Kelly, Derrick, Candler, Hixon of Sumter, Phillips of ,Jefferson, Overstreet, Flanigan,. Butts.

The following reRolution was read and adopted, to wit:
By :Mr. Reid of Campbell-
Be it Tesolved, Thai the House of Representatives has
heard with regret of the death of Hon. W. B. Berry of Coweta, member-elect of this House.
Be it further resolved, That a committee be appointed
by the Speaker to attend the funeral on the afternoon of Oetober 28, 1902, at Newnan, Georgia.
The following resolution, which was ordered to lay over for one day, wag again taken up, read and adopted, to wit:

By .Mr. Steed of Taylor-

A. resolution calling upon the State librarian for infornJation concerning certain copyrights of Georgia Reports.

On motion of l\1r. Hall of Bibb, the call of the roll of counties for the introduction of new matter was dispensed 'vith, and the following bills were introduced, read the first time and appropriately referred, to wit:

J3y ]\fr. Knowles of Floyd-

A bill to extend the corporate limits of the town of East
Rome, so as to embrace additional territory, and for other purposes.

122

JOURNAL OF THE HOUSE.

Referred to Committee on Corporations.

By :Messrs. Hawes and Martin of Elbert-

A hill to red11ce the salary of the jmlge of the city court of Elberton, and for other purposes.

Rofcrred to General Judiciary Committee.

By ~Ir. Stood of Taylor--

A bill to allow <lcfendants in criminal cases to testify iu their own behalf, and for other purposes.

Rcfcned to General Jn<liciary Committee.

By 11 r. Steed of Taylor-

A bill to protect Confederate and other soldiers mentioned in the Act-; of Georgia approved on December U, 1SfJ7_, and :for .-,1lwr purposes.

Hoferre<l to Committeo on Pensions.

By 1\lr. Hainey of Terrell-

~\. bill to amend the eharter of the city of Dawson, and iol' other purposes.

Referred to Special Judiciary Committee.

l~y nlr. .Jimtin of Elbert--

A hill to make it a misdemeanor to sell seed-cotton betwoen the first dny of September and 'the first day of Deemnher, nnd for other purposes.

Referred to Committee on General Agriculture.

MoNDAY, OcTOBER 27, 1902.

123

By ~lr. N evvton of Colquitt--

A resolution to refund certain specific taxes to E. J. Mc-
Gelwe.

Referred to Committee on Appropriations.

By 1\fr. 1Tonston of Fulton-

A bill to regulate tho employment of children m factories, rmd for other purposes.

HcfctTC(l to Committee ou J,abor aml Labor Statictics.

By :Mr. ] )unbar of Hichmond-
A bil1 requiring any person seeking a writ of certiorari 1o correct the judgment of a recorder's court, to give bond, f'tc., all(l for other purposes.

Hcferrcd to General Judiciary Committee.

By .Mr. Dunbar of Richmond-

A bill authorizing the village of Summerville to Issue bonds, and for other purposes.

Referred to Committee on Corporations.

By :Mr. Dunbar of. Richmond-
A bill to empower the village of Summerville to maintain cemeteries, and for other purposes.

Heferred to Committee on Corporations.

By Messrs. Alexander and Grenade of "Wilkes-
A bill to establish a county court in the county of \Vilkes, and for other purposes.

1::!4

JOURNAL OF THE HOUSE.

Referred to the Special Judiciary Committee.

By :Mr. Walker of Pierce-

A bill to amend section D74 of the Penal Code, and for other purposes.

Hderrccl to General .Judiciary Committee.

By :Mr. Dunbar of Richmond-

A hill to amend an Act to create a hoard of police commissioners for the city of Augusta, and for other purposes.
Referred to Special Judiciary Committee.

By Messrs. Steed and Hixon of Carroll-

A hill. to extend the authority of the Hai1road Commission of this State, and for other purposes.

Referred to Committee on Railroads.

By l\Ir. Blackhnrn of Fulton-

A bill to establish in each militia district of this State a patrol, etc:, and for other purposes.

Referred to Committee on County and County Matters.

By l\fr. Rankin of Gordon-

A hill to require applicants for charters of incorporation to fix tho amount of capital stock, etc., and for other purposes.

Referred to General Judiciary Committee.

MONDAY, OCTOBER 27, 1902.

125

By Mr. Rankin of Gordon-

A bill to provide for the election of Railroad Commissioners of this State by the electors of the whole State, and for other purposes.

Referred to General Judiciary Committee.

By Mr. Rankin of Gordon-

A bill to provide for a fair and just assessment of rail road, telegraph and telephone properties for taxation, and for other purposes.

Referred to Committee on General Judiciary.

By Mr. Franklin of Washington-

A bill to amend an Act to amend section 107 of the Code 1895, and for other purposes.

Referred to General .Tudiciary Committee.

The following resolutions were read and adopted, towit:

By Mr. Hall of Bibb-
"Resolved, That the General Tax Bill shall only levy and assess a tax for the fiscal year 1903, and that the General Appropriation bill shall contain no appropriation except for the fiscal year 1!:'103."

By 1fr. Fcl(lcr of Bibb-

"Hcsolved, That the Keeper of the Public Buildings is rcqncstc(l alHl im~trnct<'d to set apart for the Clerk of thi~

126

JoURNAL OF THE HOUSE.

House tho room lwrctoforc occupied by tho Clerk, but which was temporarily set apart for the use of tho attorney of theW. & A. R R."

Tho Speaker announced tho following committee to attend tho funeral of lion. \Y. B. Berry at N ownan to-morrow at 2:30 o'cloek p. m.:

~Ir. :Moses of Coweta, ~fr. Reid of Campbell, :Mr. Slaton of Fulton, ~Ir. Brock of Dado, ~Ir. Yates of Catoosa, Mr. Thnrman of \Yalkor, ~Ir. Hiclley of Troup, l\Ir. Sanders of Heard.

Leave of ahsenco was granted tho following members: ~[ossrs. Adams, 1Iiller of Bullock, Booth of Walton, Hutcheson, Pate, Ridley, Stanford, Carr.

On motion of ~rr. Felder of Bibb, the House adjourned until 10 o'clock to-morrow morning.

TuESDAY, OcTOBER 28, 1902.

127

Atlanta, Ga.,

Tuesday, October 28, 1902.

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.
The roll was called and the following members an-
swered to their names :

Adams, Akin, Alexander, Alford, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Bowen, Boy kin, llrinson, Brock, Brown, Bruce, Buchannon, Burton, Bush, Butts, Calvin, Candler, Uann, Carr,

Carrington, Carswell, Cllatt, Conner, Cook, Cromartie, Crumoly, Daves, Davis, Davison, Derrick, Dozier, Duckett, Duggan, Dunbar, Edwards, English, Ennis, Felder, Fields, l<'lanigan, Flynt, Foster of Oconee, Foster of 'l'owns, T'ranklln, l'ussell, Gaulden,

Geotge, Gtenade, Grice, Griffin, Hall, Harueman, Harden, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of Carroll, Hixon of ~umter, Holder, Houston, Howard of Baldwin, Howard of Laurens, Howell, Hutcheson, .Johnson of Haker, Johnson of Clinch, Johnson of Crawford, .Tones of Dougherty, .Tones of Pickens, Kelly, l<endrick,

128

JOURNAI. OF THE HOUSE.

Kent, Kilburn, Knight, Knowles, Lane, Lanier, Lawrence, Little, Lowe, 1\farm, Maples, Martin, :Mayson, :\filler of Muscogee, Mills, Mitcham, Mizell, 1\Iorton, Moses, Mulherin, McBride, McCurry, McElmurray, McHenry, :\IcLain, McRae, Newton,

Nisbet,

Sb'ackeltord,

Owen,

Shannon,

Overstreet,

Singletary,

O'Quinn,

Slaton,

Parker,

Spence,

Pate of Dooly,

Stanford,

Pate of Gwinnett, Steed of Carroll,

Paulk of Cotree,

Steed of 'l'aylor,

Paulk of ltwin,

Stewart,

Peyton,

Stovall,

Phillips of Jetrerson, Strickland,

Phillips or Quitman. 'l'hompson,

P'eston,

'l'hurman,

Proctor,

Tracy,

Rainey,

Underwood,

Rankin,

Valentine,

Rawls,

\Valker of Monroe,

Hedwine,

Walker of Pierce,

lteid,

\Vatson,

Rice,

Wellborn,

Richardson,

Whitley,

Ridley,

Wilson,

Hogers of Hall,

\Vise,

Rogers of Mcintosh, \Vomble,

Hoper,

\Vooten,

Rountree.

Yates.

Sanders,

Mr. Speaker.

Those abscnt were Messrs.-

Booth, Buchan, Deal, Evans,

Glenn, Miller of Bullork, Mitchell, Tigner,

warren, "reich, West,

~Ir. Reid of Campbell gave notice that at the proper time he would moYe to reconsider the action of the House in a<lopting the resolution offered by Mr. Hall of Bibb on ;vpstorday, relative to the levying of taxes for the year 1D03.

TuESDAY, OcTOBER 28, 1902.

129

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

Mr. Reid of Campbell, in accordance with his previom notice, moved to reconsider the action of the House in adopting a resolution on yesterday providing that the General Tax Act levy a tax only for the fiscal year 1903.

Mr. Pate of Dooly called for the previous question, which call was sustained and the main question ordered.
On the motion to reconsider the ayes were 40; nays, 81. The motion to reconsider was therefore lost.
The following imitations were read, to wit:

Atlanta, Ga., October 27, 1902.
DEAl: ~IR. SnACKELFORD:-Please extend, in_the name of the Georgia Division of United Daughters of the Confederacy, an invitation to the Georgia Legislature-Representatives and Senators-to attend the exercises pertaining to the laying of the corner-stone of the Winnie Davi~ :Memorial at the State N"ormal School at Athens, Saturday, November I, 3 :30 p. m.
Impress upon them that this :Memorial-a dormitory for the daughters and granddaughters of the Confederate veterans-is the first memorial of the kind erected in Georgia-a testimonial to the worth and beauty of character in Southern womanhood as typified in \Vinnie Davis, "The Daughter of the Confederacy," and in loving remembrance of those who gave their lives for our country,
9h J

130

JOURNAL OF THE HOUSE.

aml in <lying l0ft a:-; a sacred trust to G0orgia the education

of tlwir ehildrcn. Shall \YO neglcet this trust?

\'lc hope to 111HkP this occasion a memorable one in Geor-

y crv trulv

u

,, '

~fiLDRED LEWII'i RcTIIEHFon.n,

Pres. Ga. Di,. U. D. 0 .

\them;, Gn., October 23, Hl02.
Jfox. T11os..T. RII.\CKELFmw, .\tlanta, Ga.
lh:.\H Sm :-The Cit.Y Conncil nf .\tliPn~ han to-day, l>y nnanimm1s YotP, instructcdm0 throngh yon to cordially inYitc the wemh0rs and officers of the Gcn0ral Assembly to he pr0sent at ~\thens as the guests of the city on Saturday, the 1st day of NoYemhor, at the occasion of the laying o{ the rorHcr-stonp nf tho winnie .DnYi>' ~lcniOrialiiall.
Atlwns will fpp] honored in lul\ing tho G0nerHl Assembly pres0nt as her gnests on that occasion. Hoping tlwt th0y will ,o;pp fit to accept our imitation, I am,
Yours truly,
.T. F. Rnom:s, :Mayor.
Octol>er 2:), 1802.
Hox. T . .r. Rn.\CKELFonn, Honse of H.epresontatiYes, At-
lnnta, Gn.
:\rY 1h:.\1: R:~: :-"'ill kiwlly eniiY<'\' to hnth hnnses of the Legi~latnre and to the GoYernm an<l otlHr C'apitol offi<ials tlH <':ll'lll'~t imitation of tlw students and faculty of the Rtafro Xnrmal R<'hool to tlH' exPr<isPs commemorative of \\'i1mie ])aYis i11 the la:ing nf the C'ornor-stonc of the 1\fnmorinl Hall in "\tlHHs 011 Sahmla:, Non~mbcr 1.
"'0 ask also tho plcasnre of sprea<ling a dinner for them in thC' me~~ hall of the school; jn"t sn('h n dinuer as i,;

TuESDAY, OcTOBER 28, 1902.

131

regularly serve<l to our students. \Ve are too poor to serve

one better, but our honorable legislature may be interested

in seeing how onr tcaehers live in the State Normal School.

Yours truly,

c. E.

BH.\:\'ROX.

The following resolution "as read, to wit:

By :Mr. George of l\Iorgan-
A resolution providing that the Gen0ral Assembly ac-
cept the invitations extended by lion. Thos. J. Shackel-
ford of Clarke, to atten<l the laying of the corner-stone o the Winnie Davi.s :Memorial Hall in a body on Saturday, :November 1, 1902.
l\fr. Felder of Bibb offe.red to amend by atlding that said day be declared dies non, which was adopted.
The resolution was then adopted as amended.
The following invitation was also rea<l :111<l aeccpted:
Atlanta, Ga., October 2S, 1!)02.
lion. N. A. Morris, Speaker lions<' Reprc>'1PntatiYcs, city: DEAR Sm :-The Yonng ~fpn's DPmoerntic I"cague of
Atlanta <ksirPs, through yon, to extPII!l to the represcnta.. tivcs of Qporgia aml the Honse otlieials, a em<lial invitation to he present at the Democratic rall,Y, to be held in the GraJHl Opcr:1 House, Atlanta, Georgia, on the eYcniug of
Friday, Oetohcr :n, 1902, at 7 :30 p.m.
Om Lcagnn will fed highly honorc<l at. the acneptanoo of this invitation, aml the attendance of th0 representatives upon this occasion. \Ve will haYc ad<lr!'SSC'S by Hon. A. S.

132

JOURNAL OF THE HOUSE.

Clay, lion. Patrick Calhoun, Hon. ,Tohn T. :Morgan, Hon.
.;rolm Allen, all<l other distinguished democrats.
Ycry sincerely,
V. A. R\TCIIELOR) President. FRANK ::\fITCH EI.J,) Secretary.

The following: letter was received, and on motion of Jfr. Grice of i~nlaski, the fillme was referred to the Commi ttcc on Wild J.ands.
Atlanta, Ga., October 27, 1902. General ARscmbly:
The Colored ::\Iinistcrs Union desire to visit yon in a body and achlre;;s yon on Rome enactments for the betterment of their people.
Please let us hear from you.
II. T. DAVIS)
81 S. Humphries St., Atlanta, Ga.
'The following resolution was read, to wit:
13y Mr. Felder of Bibb-
A resolution provitling that a committee be appointed to investigate the present lease system and recommend fu.ture disposition of convicts.
Mr. George of :Morgan called for the previous question, which call was sustained, and the main question ordered.
On the adoption of the resolution :Mr. Felder o Bibb, called for the ayes and nays, which call was sustained, and 'On taking the ballot viva voce the vote was as follows:

TuESDAY, OcToBER 28, 1902.

133.

Those voting in the affirmative were Messrs.-

Akin, Alexander, Arnold, Ayres, Baldwin, Bell of Milton, Blackburn, Boykin, Brinson, Brown, Bruce, Huchannon, Butts, Candler, Cliatt, Conner, Cromartie, Crumbly, Daves, Davison, Derrick, Duckett, Duggan, Dunbar, Edwards, English, I<' elder, Flanigan, I'lynt, Poster of '!'owns, !russell, Gaulden, George, Grice, Hall, Hardeman,

Harden,

Nisbet,

Hayes,

Overstreet,

Hendry,

O'Quinn,

Hemy,

Pate of Dooly,

Hicks,

Pate of Gwinnett,

Hixon of Carroll, Paulk of C:olfee,

Hixon of Sumter, Paulk of Irwin,

Holder,

Phillips of J e!Ierson,

Houston,

Phillips of Quitman,

Howard of Laurens, Pteston,

Hutcheson,

Hankin,

Johnson of Ulinch, Hedwine,

Johnson of C:rawfora,Hice,

Jones of Pickens, Richardson,

Kelly,

Hogers of Hall,

Kendrick,

Hogers of Mcintosh,

Kent,

Hoper,

Kilburn,

Hountree,

Knight,

Shackelford,

Lanier,

Shannon,

Lawrence,

Singletary,

Little,

Spence,

Lowe,

Steed of Carroll,

~I a n n ,

Stovall,

~Iaples,

Strickland,

Martin,

Thompson,

Mayson,

Thurman,

Miller of Bullock, Underwood,

1\lills,

Valentine,

1\Iitcham,

"alker of Monroe,

l\lorton,

Walker of Pierce,

'McCurry, McLain, McRae, Newton,

'Vatson, 'Vhitley, 'Vooten. Yates,

Those voting in the negative were :Messrs.-

Adams, Alford,

Almond, Beall,

Beauchamp, Bell of l!lmanuel,

134
Brocl,, Bush, C a l Yin, Cann.
Carrington,
Carswell, Davis, Dozier, Ennis, Franklin, GrPnatle,

JOURNAL OF THE HOUSE.

Grittin,

Owen,

Hawes,

Parker,

Howell,

Proctor,

.Tohnson of Baker, Hainey,

.Jones of Dougherty, Hawls,

Knowles,

Handers,

~loses,

Slaton,

~Iulllerin,

Stt>ed of Taylor,

l\leBride,

'l'racy,

:\I<" !;!murray,

'Yell born,

~i<'llenry,

Wilson,

Those 11ot yoti11g \\"ore :Messrs.-

Booth, Bowen, Buchan. Burton, Carr, Cook, Deal,
BYflllS, Field~.
Foster of Oconee,

Ulenn,

Stanford,

Howard of Baldwin, Stewart,

Lane,

'l'igner,

:Miller of ~h1scogee, "'atren,

1\litchell,

welch,

~lizell,

West,

l't>yton, Heid, Uidley,

Wise, Womble, Mr. Speaker.

ny nnallilllOllS consent the Yerification of the roll-call
vas dispenl'e<l with.

On the :.uloption of the resolution the ayes were 106, nays 30. The resolntion \vas therefore adopted.
ny unauimons consent the following reports of the Com-
mi ttec on Hnlcs were read, to wit:
:Mr. :?\[orris, ex officio chairman of the Committee on Hules, submitted the following report:

J."llr. Speaker:
The Committee on Hules have had under consideration a body of rules for the goYernment of the House, and have

TuESDAY, OcTOBER 28, 1902.

135

i nstrnete<l me, as chairman ex officio, to report that the emmnittco recommcml the adoption of the rules of the llon~c of 1000-1!)01, amen<lc<l as follows:

AmcJl(lrnle Xo. 3!1 ],y adding at the close thereof a provi~o, to '"it: "ProYi<lcd, that the general appropriation hill an<lthc general tax hill shall have prece<lonce on third rea1ling until the same shall have been finally disposed of."

The rommi ttcc fnrther recommends the adoption of a rnk, to be known as X o. 5!), as follows:

"~\fter a yea an<l nay vote is called on any hill or resolution-the Honse not acting at the time under the previons qncstion-and one vote has been recor<led, no motion to tahle shall he in onler until the roll-call shalllwve been complete<l. "'lwn any hill or resolution is tahle<l after the emnpktion of the roll-call and then taken from the table, nothing can he clone except to announce the result of said vote as Rlwwn by said roll-eall at the time said bill or resolution was tabled."

The eommittoe Jmther recommends that rule No. 187 shall rca<l as follows:

"Ewry motion for information from the Executi,e Department shall lie on the table one day."

The committee fnrther recommel1!ls the creation of an a1lditional standing committco, to he known as the "Commi ttec on tho Uni 1er;;ity of Georgia and its Branches."

The committee further recommends that a committee heretofore existent by special resolution, be made one of the standing committees, to wit: "A Committe on Amendments to the Constitution."

136

JOURNAl. OF THE HOUSE.

The committee recommends that 500 copies of a manual embodying the rules, list of officers and members and tlle Constihttion of the State, be printed for the usc of the General Assembly.
HespC'ctfnlly slllnnitted. N. A. ).Immrs, Chairman ex officio.
;\f r. ).forriR, rx officio chairman of the Committee on H11le-;, snbmitte.l tlw following report:

Jlh. Speaker:
TLe Committee on Rules have ha<l under consideration resolution No. G, by 1\Ir. Hall of Bibb, providing for a
stmHling committee <?f the I-louRe, to be known as a "Com-
mittee on Finance," and have instructed me, as chairman t!J' officio, to report the same to the HouRe with a recommendation that it do not paRs.
RPspectfnlly snlnni tted. X. A. :Monms, Chairman ex officio.

On motion of ).fr. Kelly of Glascock, the propose<l amendutents contemplated in the foregoing reports of the Committee on Rulcs were ordered printed and distributed on the <lesks of the members.

On motion of ::\fr. ITall of Bibb, 500 copies of the Governor's message were ordered printed.
Aftct the abow~ motion was adopted it was learned that 500 copieR of tlw GoYernor's message had already been printed, and by unanimous comeut ::\Ir. Hall was allmYcd to with<lraw the motion.
The following message was received from the Senate through l\1r. N orthcn, the Secretary thereof:

TUESDAY, OCTOBER 28, 1902.

137

lvfl'. Speaker:
The Senate has concurred m the following resolution of the House, to wit:
A resolution that the General AssemLly do attend State Fair at Valdosta on October 30th, and that October 30th he declaretl dies non.
Also, a resolution accepting invitation to attend laying of cor1wr-stone Winnie Davis J\temorial Hall, November 1, 1()02.

By m1animous consent the following bills were read the first time anl appropriately referred, to wit:
By 1\fr. BlaekLurn of Fulton-

. A Lill to repeal an .Act to amend sections 1778 and 1781 of the Code of Georgia relative to the Stock Law, and for other purposes.
~Ir. Blackbmn asked that the aLove bill be referred to the Sp(cial Judiciary Committee, which course was taken.
:Mr. Bush of :Miller, moved that the House reconsider its. action in referring the above bill to the Committee on Genetal .Tudieiary. Before the motion to reconsider could be put ~fr. Blackburn stated that he had no objection in referring ihe bill to the General Agricultural Committee, and the bill took this course.

J3y :;\lr. Blackburn of Fulton-
A hill to amend paragraph 1, section 2, article 11 of the Uom:titntion relative to certain officers, and for other pur-
po~es.

138

JOURNAL OF THE HOUSE.

Tieferred to Committee on Constitutional Amendment!>.

}~ bill Lo amoml section 220 of the Criminal Code relati\'C to trcspassi11g, aml for other purposes.
HPft'ne<l to Ge11eral Judiciary Committee. By _\fe~~r;;. Steed awl Hixon of Carroll-
"\bill to prescribe the mamwr of electing county schooi eonllllissioners, aiHl for other purposes.
Hefcrred to Committee on Education.
Dy ::'lfr. Fel<ler of Bibb},_ bill to a11thorize the commissioners of roads and reve-
Jllll'S of Bibb county to contribute to the support of the ~\lacon Hospital Association, and for other purposes.
Heferretl to Committee on Counties and County :Jiatters.
By ::\fr. Felde of BibbA bill to ptoyide that no mortgage or conYeyance to se-
<nre <lebt shall haYe any lieu or priority as against subse<pwnt ere<litors without actual notice, and for other pnr-
Hef<'tTe<l to General Judiciary Committee. By ::\[ r. Beauchamp of Butts,-
.A bill to repeal an Act to establi,:;h a county court for :Butts county, and for other purposes.
Heferre<l to Special Judiciary Committee.

TuESDAY, OcTonER 28, 1902.

139

By :i\fr. Folder of Dibb-

A bill to provide for the relief of J. W. Wilcox.

Hefcrred to Committee on Appropriations.

By ?Ifr. Felder of Bibb-

A hill reqniring the elaimant to sot out fully in the affi(lmit wh(n elnims may be fi]otl, all grounds or titles which c-onstitute Rll('h gronn<l~, and for other pnrposes.

HoferrC'll to Gencrnl Jmliciary Committee.

By Mr. Felder of Bibb-

A hill to prescribe the manner of selling cocain, and for other purpoRes.

Hoferrell to Committee on Hygiene and Sanitation.

By Mr. Felder of Bibb-

A bill to regnlate the filing of second claims, and for other purposes.

Referred to General Judiciary Committee.

By Mr. Hayes of :Macon-

A bill to amend section 982 of the Code, relative to State depositories, and for otheor purposes.

Referred to Committee on Banks.

By Mr. Slaton of Fulton-

A bill to provide for the situs of debts due to non-residents for purposes of attachments, and for other purposes.

140

JOURNAL OF THE HOUSE.

Heferretl to General Jmlieiary Committee.

By ~Ir. Slaton of Fulton-

A bill to regulate proceedings in claim cases where real estate has been levied upon, and for other purposes.

Referred to General Judiciary Committee.

By ~Ir. Shannon of :Monroe-

A bill to amend section 813, volume 3 of the Corle, relative to appointment of jury co1mnissionors, and for other purposes.

Referred to General .Tudiciary Commi tteo.

By )Ir. :McRae of I.o,,mdes-

A bill providing for the annual distribution of money arising from the hire of misdemeanor convicts, and for other purposes.

Referred to Committee on Penitentiary.

By :Jfr. Kelly of Glascock-

A bi 11 to repeal section 13!) of tho Code, relative to establishing cmmty traehcrs' institutes.

Referrc<l to Committee on Education.

By ::\Ir. Beauchamp of Butts-

A resolution providing for tho preservation of Indian Springs, known as tho ::\fcintosh RcsC'nc.

Referred to Committee on Appropriations.

TUESDAY, OCTOBER 28, 1902.

141

By "Mr. Slaton of Fulton-

A bill to establish the salaries of judges of superior courts of this State, and for ot.her purposes.

Hefcrred to General Judiciary Committee.

By 1fr. Hall of Bibb-

A bill to provide for the retirement of certain bonds, known as "Convention Bonds," issued by Chas J. Jenkins, an(l for other purposes.

Heferred to General Judiciary Committee.

By 1\fr. Hall of Bibb-

A bill to provide for the retirement of certain bonds issued by Chas J. :McDonald, Governor, and for other purposes.

Referred to General Judiciary Committee.

By 1\Ir. Blackburn of Fulton-

A bil1 to amend section 574, volume 1'of the Code, relating to road duty, and for other purposes .

Referred to General Judiciary Committee.

By :Mr. Hall of Bibb--

A resolution providing that House bills Nos. 56 and 57, be referred to a special committee of five.
Referred to General Judiciary Committee.

1-!2

;:fouRNAL oF THE HousE.

Dy ~rr. Hogers of )Jclntosh-

A hill to rlwnge the time of holding the fall term of the superior conrt of ~IcTntosh county, and for other purposes.

Referred to General Judiciary Committee.

Leave of absence was granted :Messrs. Singletary of Thomas, \Yise of Fayette.

On motion of }lr. Steed of Taylor, the Honse then adjonrneclnntil 10 o'clock to-morrow morning.

Atlanta, Georgia, We<lnesclay, October 2fl, 1fl02.

The ITon;:e met. pnrsnant to a(ljonrmncnt at 10 o'clock a.m. this dny; was callrd to ordrr hy the SpcnkN, antl opcnc<l with prayer by the Chaplain.

The roll \\'fl" rnllc<l and the following meml1ers answered to their names:

Adams, Akin, Alexander, Alford, Almoncl, Arnold, Ayres, Baldwin, Beall,

1lenue h:unp, Bell of Bmanuel, 11('11 of l\lilton, Blackburn, Booth, Bowen, Hoy kin, llt'inson, Brock,

Brown, Bruce, Buchan, Buchannon, Burton, Hush, Butts, Calvin, Candle I',

WEDNESDAY, OcTOBER 29, 1902.

143

Cann, Carr, Carrington, Carswell, Cliatt, Conner, Cook, Cromartie, Crumbly, Daves, DaYtS, Davison, Dozier, Duckett, Duggan, Dunbar, l!]dwar0s, l!]nglisb, Ennis, Evans, l<'elder, Fie leis, Flanigan, Flynt, Fostet of Oconee, Fostet of Towns, Franklin, Fussell, Gaulden, George, Glenn, Grenade, Grice,
t;rittin, Hall, Hardeman, Harden, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of Carroll,

Hixon of :Sumter, l'arker,

Holder,

Pate of Dooly,

Houston,

rate of Gwinnett,

!Iowan! of Baldwin, Paulk of Coiiee,

Ho\vara of Laurens, l'aulk of Irwin,

Howell,

Peyton,

Hutcheson,

Phillips of J effcrson,

Johnson of Baker, l'hilli]Js of (Juitmun,

.Tolmson of Cllncl!, Preston,

Joln[son of CrawfonJ,l'roetor,

Jones of Dougherty, Hainey,

.Tones of Picken~. Hankin,

Kelly,

Hawls,

Kendrick,

Hedwine,

Kent,

Heid,

Kilburn,

Hice,

Knight,

Hichardson,

Knowles,

Ridley,

Lane,

Hogers of Hall,

Lanier,

Rogers of l\lclntosh,

Lawrence,

Hoper,

Little,

Hountree,

Lowe,

:Sanders,

l\Iann,

Shackelford,

:umtin,

Shannon,

l\Iayson,

Singletary,

l\Iiller of l\I uscogee, ~laton,

l\lills,

Spence,

Mitcham,

Steed of Carroll,

.1\Iorton,

Steed of 'l'aylor,

Moses,

Stewnrt,

Mulherin,

Stovall,

McBride,

Strickland,

1\IcCtll'ry,

Thompson,

:\IcElmurray,

Thurman,

Me Henry,

Tigner,

l\IcLain,

'I, racy,

iUcHaa,

Underwoocl,

Newton,

Yalentiue,

~is b e t ,

'Yalker of Monroe,

Owen,

'Valker of Pierce,

On'rHtreet, O'Quinn,

Watson, "'ellborn, "'hitlcy,

144
\Vilson, \Vomble,

JOURNAl. OF THE HOUSE.

\Vooten, Yates,

i\Ir. Speaker.

Those absent were :Messrs.-

Deal, Derrick, i\Iaples, i\liller of Bullock,

1\fitchell, i\Iizell, Stanford, Warren,

\Velch, \Vest, \Vise,

The Journal of yesterday's proceedings was read and eou firmed.

The reports of the Committee on Rules, which were read yesterday, which contemplated an amendment to the Rules of the House of lUOO and 1901, and which were made the special order for to-clay, immediately after the reading of tho ,Jonrnal, wore again read.
The amendments to the Rules of the House offered by the Committee on Rules, were as follows:

The committee propose to amend Rule 39 by adding at the close of said rule a proviso, as follows:

"Provided that the General Appropriation Bill and the General Tax Bill shall haYe precedence on third reading, until the same shall have been finally disposed of."

The committee recommend the adoption of a rule to be known as X o. 5!), as follows:

"After a yea and nay note is called on any bill or resolution-the House not acting at the time under the previous question-and one vote has been recorded, no motion to table shall be in order until the roll-call shall have been completed. When any bill or resolution is tabled after the

WEDNESDAY, OcTOBER 29, 1902.

145

<Completion of the roll-call and then taken from the table, nothing can be done except to announce the result of said vote as shown by said roll-call at the time said bill or resolution was tabled."

The committee further recommend that Rule 187 shall read as follows:

"Every motion for information from the Executive Department shall lie on the table one day."

The committee recommend the creation of a new standing committee, to be known as the Committee on the "University of Georgia and its Branches."

The committee further recommend that a committee heretofore existent by special resolution be made one of the standing committees, to wit:

A Committee on Amendments to the Constitution.

The committee recommend that five hundred copies of a :Manual be printed for the use of the General Assembly.

:Mr. Hall of Bibb, offered the following amendment to the report of the Committee on Hnles, to wit:

Amend Rule l!H as follows: Immetliately after the word "committee" in said rule, in!"ert "a Finance Committee," to which committee shall be referred all bills for rau;ing revenues for support of the government, public Institutions, common schools, and for payment o pensions, and all bills which shall have for their purpose the levying o taxes, and also all bills for appropriating money.
10 h j

146

JOURNAL OF THE HOUSE.

Amend said rule further by striking therefrom the following committees, to wit: The Committee on Appropriations and Committee on 'Vays and ~leans.

Amend said rule further by striking out the last clause of the same.

Amend Rule 174 by adding at the end of the rule "and the rules providing for the order of business."

Amend Rule 38 by striking the same entirely, and inserting in its place the following: "The Clerk shall plac< on his desk a strong, secure box, which he shall keep locked, and that any member 1!1ay at any time deposit in said box any bill he may desire to introduce, and when bill~ are read the first time the bills shall all be read alphabetically, alternately from the first and last of the alphabet."

Amend further by acllling a new rule to be knom1 as No. - - , to wit: "There shall be appointed by the Doorkeeper two assistant doorkeepers, whose duty it shall be to keep the two side-doors leading i11to the Hall of the Honse of RepresentativeH. There shall be appointed by the Speaker two gallery doorkeepers, whose duty it shall he to preser\c order in the galleries of the House. There shall abo be appoint,ed by the Speaker one page and one porter. The :Jiessenger of the House flhall appoint five pages, and the Clerk of the House shall appoint seven porters and one attendant in the water-closet of the House. These employees, when employed, shall not change until after the expiration of twenty-five days from the date of their appointment, except they may be removed at any time for misconduct or neglect of duty."

WEDNESDAY, OCTOBER 29, 1902.

147

:Mr. Flynt of Spalding, who was in the Chair at the time :Mr. Hall offered his amendment, ruled that they were not germane, and that the same contemplating a change of the Rules of the House, would have to be referred to the Committee on Rules.
lfr. Hall appealed from this decision of tlie Chair.

:Mr. Kelly of Glascock, called for the previous question, which call was sustained, and the main question ordered.

On putting the appeal to the House :Mr. Hall called for the ayes and nays, which call was sustained, and on taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Alexander,

Evans,

1\IcCurry,

Arnold,

Foster or Oconee, .1\lc}j;lrnurray.

Beall,

Franklin,

J\lcHenry,

Beauchamp,

Grenade,

:ucLain,

Bell of }j;manuel, Urlttin,

Nisbet,

Bell of .1\lilton,

Harden,

Owen,

Blackburn,

Hawes,

O'(!uinn,

Bowen,

Hixon or Catroll, Pate of Uwlnnett,

Hrocl{,

Hixon of ~umter, Phillips or J e!Iersou

Bruce,

Holder,

Hawls,

Buchan,

Houston,

Held,

Butts,

Howard of Laurens, Hice,

Ualvln,

Johnson of Clinch, Hidley,

Cann,

Jones or Dougherty, Sanders,

Carswell,

Kelly,

Shannon,

Cliatt,

Kendtick,

Steed of Carroll.

Conner,

Kent,

Steed of 'l'aylor.

Crumbly,

Lunier,

Stewart,

Daves,

Lawrence,

StoYall,

Davis,

Little,

Tra<>y,

Davlsou,

Martin,

'Vellborn,

Derrlcl{,

l\1ills,

"'llson,

Dozier,

l\foses,

Womble,

Dunbar,

.1\fulherln,

Yates,

Ennis,

. t' I ' -: McBride,

148

JOURNAL OF 'l'IIE HOUSE.

Those voting in tbe negati\'e were :Messrs.-

Alford, Ayres, llaldwln, lloykln, Brinson, llrown, Buchannon, llurton, Hush, Dandier, 4Jarrlngton, Cook, uromartie, Duggan, Edwards, English, Felder, l<'ieltls, <;aulden, George, Hall,

Hardeman,

Paull;: of Uotfee,

Hayes,

Phillips of (Jnitmtln,

Hendry,

Preston,

Henry,

Proctor,

Howell,

Hainey,

Hutcheson,

Hankin,

Johnson of llaker, Hlchazdson,

Johnson of Umwford,Rogers of Hall,

Jones of l'ickens, Rogers of ~lclntosh,

Knight,

Roper,

Lmze,

Rountree,

Lowe,

Shackelford,

~I ann,

Singletary,

:\Iitcham,

Spence,

:.\lorton,

Strickland.

".tcHae,

Thompson,

::\'ewton,

Underwood,

OYPrstreet,

Valentine,

Parker,

Walker of "Ionroe,

1'11te of Dooly,

Walker of Pierce,

Those not ,oting "ere :Messrs.-

Adams, Akin, Almond, Booth, Carr, Deal, Duckett, Flanigan, Flynt, Fo~ter of Towns, Fussell, Glenn,
(trice,

Hicks,

Sit~ ton,

Howard of llaldwin, Stanford,

Kil!Jurn,

Tlllll'llltl n,

Knowles,

'.fig-ner,

:.\Ill pies,

"'arien,

Mayson,

W11tson,

1\IIller of Bullock, 'Velch,

1\Iiller of 1\Iuscogee, West.

~I itchell,

Whitlt>y,

"Iizell, l'atlll;: of Irwin, Peyton,

Wise. Wooten. ~lr. Speaker.

HPdwine,

On motion of Mr. IIawes of Elbert, tlw Ycrification of the roll-call was dispensed with.

WEDNESDAY, OCTOBER :l9, 1902.

149

On sustaining the decision of the Chair the ayes were 74, nays 61.

The decision of the Chair >vas therefore sustained.
:Mr. Hall, of Bibb, then moved that the report of the Committee on Rules, together with the amendments offered by himself, be recommitted to the Committee on Rules.

The motion was lost.
Mr. Hall then asked unanimous consent to withdraw the amendments offered by himself to the report of the Committee on Rules, together with resolution No. 6, which proYides for the appointment of a Finance Committee.

The request was granted.
The report of the Committee on Rules was then taken up and acted on, section by section. The recommendations 'vcre as follows, to wit:

1. Amend Rule ;~o by adding at the close thereof a proviso, to wit: "Provided, that the General Appropriation Bill and the General Tax Bill shall have precedence on third reading until the same shall have finally been disposed of."

2. The committee further reconuncnded the adoption i>f a rule to be known as Rule No. 59, as follows: "After a yea and nay vote is called on any bill or resolution-the House not acting at the time under the previous questionand one vote has been recorded, no motion to table shall be in order until the roll-call shall have been completed. When any bill or resolution is tabled after the completion of the roll-call and then taken from the table, nothing can

150

]OURNAL OF THE HOUSE.

be done except to announce the result of said vote as shown by said roll-call at the time said bill or resolution was tabled."

3. Tho committee further recommended that Rule 187 ~hall rea<l as follows: "Every motion for information from the ExecutiYe department shall lie on the table for one day."

4. The committee further reeommen<lecl tlte creation of an ad<litional st,mding committee to be known as "The Committee on the Univer~it:y of Georgia and its branches."
5. The committee further recommended that a committee heretofore existent by special rcsolu tion be made one of the standing committees, to wit: "Committee on Amendments to the Constitution."

6. The committee further recommended that 500 copies of the }.Ianual he printed for the use of the House.

On motion of :Mr. Slaton of Fulton, the previous question was called and the main question ordered.

On motion of :Mr. :Morris of Cobb, the foregoing amendments and recommendations of the Committee on Rules were adopted.
The following message was received from the Senate through :Mr. N orthen, the Secretary thereof:

Mr. Speaker: '
The Senate has refused to concur in the following resolution of the House, to wit:
A resolution to attend the State Fair at Valdosta, October 30, an<l declaring said day a dies non.

WED:::-.ESDAY, OCTOBER 29, 1902.

151

The following message was received from the Senate through }.Ir. N orthen, the Secretary thereof:

ltlr. S pcaker:
The Senate has concurred in the following joint resolution of the House, to wit:
A resolution providing for committee to investigate present lease system and recommend future disposition of convicts.

Upon the call of the roll of counties for the introduction of ne\Y matter, the following bills were introduced, read the first time and appropriately referred, to wit:

By :Jir. Pate of Gwinnett-
A bill to repeal an Act to provide for the issuing of bonds by the town of Norcross, and for other purposes.

Heferred to Committee O'll Corporations.

By :Jir. Duckett of Banks-
A bill to amend section 1496, volume 1 of the Code, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

By 1Ir. Johnson of Baker-
A bill to prescribe the manner of disposing of misdemeanor cases in the several county courts of this State, and for other purposes.
Referred to General Judiciary Committee.

152

]OURNAL OF THE HOUSE.

By Mr. Kilburn of Bibb-

A bill to compel street car companies to provide protec~ tion for motormen, etc., and for other purposes.

Referred to Committee on Labor and Labor Statistics.

By Mr. Beall of Paulding-
A bill to authorize the town of Dallas to issue bonds, and: for other purposes.
Referred to Committee on Corporations.

By 1fr. Connor of Bartow-
A bill to make it unlawful to employ or contract with a tenant or cropper or any person under contract with another, and for other purposes.
Referred to General Agricultural Committee.
Dy :Mr. Buchannon of Early-
A bill to amend paragraph 1, section 2, article 11, or the Constitution, and for other purposes.
Referred to Committee on Constitutional Amendments.
By }Ir. Fussell of Chattahoochee-
A bill to amend section 610, volume 1 of the Code rela- tive to bridges and ferries, and for other purposes.
Referred to Committee on County and County Matters..

WEDNESDAY, OCTOBER 29, 1902.

153:

By Mr. Stovall of Chatham-

A bill to prohibit the buying and selling of vote3 in this. State, and for other purposes.
Referred to General .Tudiciary Committee.
By Mr. Candler of DeKalb-
1
A bill to provide a new charter for the town of Edgewood, and for other purposes.
Referred to Committee on Corporations.

By :1fr. Hawes of Elbert-

A bill to appropriate $20,000.00 to build a dormitory for the Georgia School for the Deaf, and for other purposes.

Referred to Committee on Appropriations.

By Mr. McHenry of Floyd-
A bill to amend an Act to incorporate. the city of Rome,. and for other purposes.

Referred to Special Judiciary Committee. By Mr. :McHenry of Floyd-

A bill to amend the charter of the city of Rome so as to allow the city of Rome to erect a lighting plant, and fol other purposes.

Referred to Special Judiciary Committee.

154

JOURNAL OF THE HOUSE.

By Mr. ~Icilenry of Floyd-

A bill to amend the charter of the city of Rome, ''"hich prescribes the powers and duties of the mayor and al<lermen, and for other purposes.
Referred to Special .Tucliciary Committee.

By Messrs. Slaton, Houston and Blacltburn of Fnlton-

A bill to provide for a new charter for the city of Atlanta, and for other purposes.

Referred to General .Tn<liciary Committee.

By ~Ir. Houston of Fulton-

A bill to give recorders in cities of 85,000 inhabitants authority to commit minors muler Hi years of age to the -county reformatory, and for other purposes.

Referred to Special J ndiciary Committee.

By :Messrs. Slaton, Houston and Blacklmrn of Fulton-

A bill to ameiHl the charter of the city of Atlanta, aiHl for other purposes.
Referred to General Judiciary Committee.

By :Messrs. Slaton, Houston and Blackburn of Fulton-

A bill to regulate the practice and precedure of justice courts in cities of 75,000 inhabitants or more, and for other purposes.
RefNretl te> General J utliciary Committee.

WEDNESDAY, OCTOBER 29, 1902.

155

Tiy :Mr. Rankin of Gordon-
A bill to preserve the purity of elections and to define and punish offenses against the elective franchise, and for other purposes.
Referred to Committee on Privileges and ElectionR.
By Mr. :McCurry of Hart-
A bill to regulate practice in the supreme court rrlative to writs of error, and for other purposes.

Referred to General .Tudieiary Committee.
By :Mr. :McCurry of Hart-
A bill to amend section 982 of the Code relative to State depositories, and for other purposes.
Referred to Committee on Banks.
. 13-v :Mr. RicharB.son of Houston-
A bill to amend section 221, volume 3 of the Code relative to hunting upon the lands of another, and for other purposes.

Referred to Committee on General Agriculture. By }fr. Houston of Fulton-
A resolution to restore Mrs. P. M. Freeman, widow of
--w. T. Freeman, upon the pension roll.

Referred to Committee on Pensions.

156

JOURNAL OF THE HOUSE.

By .;\lr. Bell of Milton-

A bill to amend section 1378, volume 1 of the Code relative to admission to common schools, anJ for other purposes.
Referred to Committee on Education.
By Mr. Walker of Pierce,-

A bill to repeal section 4406, volume 2 of the Code, relative to admission to the bar, and for other purposes.
Referred to General Judiciary Committee.

By :Mr. Steed of Taylor-
A resolution proviJing for the appointment of a committee o:f five to examine into the condition of the Capital building and report to the General Assembly the repairsneeded thereon.
The resolution was rea~ and adopted.
By Mr. Mulherin of Richmond-
A bill to authorize the county comnnsswners of the counties of this State to charge a license against dealers in junk, cotton-seed, etc., and for other purposes.
Re?crred to Committee on Corporations.
By ::Mr. Hall of Bibb-
A resolution providing for the appointment by the doorkeeper of two assistant-doorkeepers anJ no more. By the Speaker, one page, one porter and one gallery cloorkeepm; and by the Clerk seven porters and one attendant in the

WEn~ESDAY, OcTOBER,. 29, 1902.

157

water-closet. That the doorkeepers shall receive four dollars per day and that the porters and pages shall receive two dollars per day. That none of the employees shall be changed until after the expiration of twenty-five day:;, except for misconduct or neglect of duty.

The above resolution was ordered to lay on the table for -one day.
By ~Ir. Lane of Sumter-

A resolution extending the sympathy of the House to Hon. G. W. Adams of Putnam in the death of his brother.

The above resolution was read and adopted.

The Speaker appointed the following committee to inYestigate the convict lease system: :Mr. Felder of Bibb, chairman; }lr. Wilson of Clay, ~Ir. Steed of Taylor.

Leave of absence was granted the following members:

:Messrs. Baldwin of Schley, Preston of Juspcr, Foster of Oronee, .Tohnson of Clinch, Bnrton of Franklin, Dozier, of Troup, I.,anier of Bryan, Rainey of Terrell, Crumbly of Stewart, Kelly of Glascock, Alexander of Wilkes, I~owe of Chattooga, Grice of Pulaski, Tracy of Webster.

The hour of adjournment having arrived, the Speaker announced the Honse adjourned until 10 o'clock to-mor row morning.

158

JOURNAL OF THE HOUSE.

Atlanta, Ga.

Thursday, October 30, 1902.

The House met pursuant to adjournment at 10 o'clock a.m. this day.

\Vas called to order by the Speaker and opened with prayer hy the Chaplain.

The roll was called and the following members answered to their names:

Adams, Akin, Alexander, Alford, Almond, Arnold, Ayres, lleall, Beauchamp, llell of .I!Jmanuel, Bell of 1\lilton, Blackburn, Booth, Bowen, Boy kin, llrinson, Brock, Brown, Bruce, Buchan, Buchannon, Burton, Bush, Butts, Calvin,

Candler, Uann, Carr, Carrington, Carswell, Cliatt, Conner, Cool;:, Cromartie, Crumbly, DaYes, Davis, DaYison, Denicl,, Duckett, Duggan, Dunbar, Edwards, English, Ennis, Evans, Felder, Fields, Flanigan, Flynt,

Foster of Oconee, l'oster of Towns, Fmnklin, Fussell, Gaulden, G<::orge, Grenade, tirice, Griffin, Hall, Hardeman, Harden, Hawes, Hayl'S, Hendry, Hemy, Hicks, Hixon or Carroll, Hixon or 8umter, Holder, Houston, Howard of Balclwin~ Howard of Laurens, Howell, Hutcheson,

THURSDAY, OCTOBER 30, 1902.

159

Johnson of .Baker, McHemy,

Rountree,

Johnson of Urawford,!lfcLaln,

Sanders,

Jones of Dougherty, Mf'l{ae,

Shackelford,

Jones of Pickens, Newton,

Shannon,

Kelly,

~is bet,

Singletary,

Kendrick,

Owen,

Slaton,

Kent,

Overstreet,

Spence,

Kilburn,

O'Qulnn,

Stanford,

Knight,

Parker,

Steed or Carroll,

Knowles,

Pate of Dooly,

Steed or 'l'aylor,

Lane,

Paulk of Uotree,

Stewart,

Lawrence,

Paulk of lnvin,

Stovall,

Little,

Peyton,

Strickland,

Lowe,

Phillips of J e!Ierson, Thompson,

Mann,

Phillips of Quitman, Underwood,

:\Iartin,

!'reston,

Valentine,

l\Iayson, l\Iiller ol' Muscogee, l\IIlls, l\Iitcham, l\Jizell, Morton, l\Ioses, :\Iulherln, :IIcBrlde, :McCurry, McElmurray,

Proctor,

"'alker of 1\fonroe,

Rankin,

Walker or Pierce,

Hawls,

\Varren,

Hedwlne,

\Vatson,

Held,

\Vellborn,

Hlce,

\Yilson,

Hlchardson,

Wise,

Hidley,

Womble,

Hogers of Hall,

"'ooten,

Hogers of 1\lclntosh, Yntes.

Hoper,

l\Ir. Speal;:er.

Those absent were Messrs.-

Baldwin, Deal, Dozier, Cllenn, Johnson of Clinch, Lanier,

Maples, l\Iiller of .Bullock, l\Iitchell, Pate of Gwinnett, Hainey, Thurman,

Tigner, '!'racy, Welch, "'est, Whitley,

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

The following resolution, which was read yesterday and ordered to lay over for one day was again read, to wit:

.J60

JOURNAL OF THE HOUSE

By Mr. Hall of Bibb-

A resolution, providing for the appointment by the doorkeeper of two assistant doorkeepers and no more. By the Speaker, one page, one porter and one gallery doorkeeper and by the Clerk, seven porters and one attendant in the water-closet. That the doorkeeper shall receive $4.00 per day and that the porters and pages shall receive $2.00 per day. That none of the employees shall be changed until after the expiration of twenty-five clays, except for misconduct or neglect of duty.

:Mr. Cann of Chatham :;noved that the resolution he referred to the Committee on Appropriations.
On the motion to commit, :Mr. Hall of Bibb called for the ayes and nays, which call was not sustained.
The resolution was then referred to the Committee on
Appropriations~
The Speaker announced the following committee to report on the needed repairs to tho Capitol building: ~lr.
Steed of Taylor, Chairman; :nir. Moses, 1\[r. \Yatson, :Mr.
Phillips of Jefferson, Mr. Cancllei.
The following resolutions "ore read and appropriate~y referred, to wit :

Ry ~rr. Knight of Berrien-

A resolution to abolish the office of special attorney of the western & Atlantic Railroad.
Referred to Committee on General Judiciary.

THuRsDAY, ocToBER 3o, 1902.

1s1

By :Mr. Buchan of Dodge -
A resolution to pay J no. F. Dei. acey, Solicitor-General, $62.50.

Referred to Committee on Appropriations.
Upon the call of the roll of counties for the introduction -of new matter, the following bills were introduced, rea~ the first time and appropriately referred, to wit:

By :Mr. Underwood of "\Vhite-
A bill to amend section 187, volume 3 of the Code of 18!)5, and for other purposes.

Refened to General Judiciary Committee.
By :Mr. Underwood of White-
A bill to amend section 642, volume ;3 of the Co<le of 1895, and for other purposes.

Referred to General Judiciary Committee. By ~Ir. Underwood of White-

A resolution to pay J\[ary S. J arranl a pension. Referred to Committee on Pensions.

By Mr. Evans of Washington-

A bill to amend section !)82, volume 1 of the Code relative to State depositories, and for other purposes.
Referred to Committcc> on Ranks.
11 hi

162

JOURNAL OF THE HOUSE.

By Mr. Cook of Telfair-

A bill to amend an Act to incorporate the town of McRae, and for other purposes.

Referred to Committee on Corporations.

By l\lr. Cook of Telfair-
A bill to establish the city court of l\IcRae, and forother purposes.
Referred to General Juuiciary Committee.

By 1\fr. Hayes of l\Iacon-
A resolution providing for the appointment of a committee to examine the books of the Comptroller-General and the State Treasurer.

Ordered to lay over for one day.
By Messrs. Hardeman of Jackson and Shackleford of Clarke.
A bill to provide for the teaching of the elementary principles of agriculture and the elements of civil govenr~nent. in the public schools of Georgia, and for other purposes.
Referred to Committee on Education.

By l\Ir. Sanders of Heard-
A bill to amend section 982 of the Code of 1895 relative to State depoE<itories, and for other purposes.
Referred to Committee on Banks.

THURSDAY, OCTOBER 30, 1902.

163

By 111r. Hichardson of HoustonA re;;olution providing for the purchasing of the "Geor-
gia J usticc."
Hcferred to Committee on Appropriations.

By :Mr. 1\Iorris of Cobb-

A bill to amend section 3786 of the Code relative to the renewals of actions non-suited, and for other purposes.
Referred to General Judiciary Committee.

By :Mr. Mills of Cherokee-
A bill providing that registration books ;;hall be left in the custody of the notaries public of each militia district, etc., and for other purposes.

Referred to General Judiciary Committee. By Mr. Hall of Bibb-

A resolution authorizing the committee to which was referred that part of the Governor's message which referred to the Western & Atlantic Railroad, to employ a stenographer.

The above resolution was read and adopted.

By 11Ir. Akin of Bartow-

A bill to repeal an Act to create the office of special attorney of W. & A. R. R., and for other purposes.

Referred to General Judiciary Committee.

164

JOURNAL OF THE HOUSE.

By ~fr. Hall of Bibb-
Resolverl by the House, That there shall be appointed by the Speaker of the Honse, in accordance with section 304 of the Code, a Finance Committee, which committee shall discharge the duties prescribed by said section.

Referred to Committee on Rules. By ~fr. Bell of Emanuel-

A resolution to restore to the position of page in the House, .Tohn Crawford, who was discharged by the messenger.
:Mr. Evans of Washington called for the previous qm,~ tion, which call waR sustained anrl the main question ordered.
The resolution was then put to the House and adopted.
By unanimous consent the following bill was introduced, read the first time and appropriately referred, to wit:
By .Mr. Carrington of ~Ia<lison--

.A hill to change the location of th0 College of Agriculture from Athens to Comer, and for other purposes.
Referred to Gen0ral .Agricultural Committ0c.
:Mr. o,erstreet of Screven asked unanimous conspnt to hmc bill Xo. 14 withdrawn from the committee', read the second time and re-referred, which was granted.

Before the consent of the Honse could he complied with, 1fr. Hixon of Carroll moYcd to a<ljonrn, which motion prevailed and the Rpeaker annom1ced the Honse adjourned until 10 o'clock to morrow morning.

FRIDAY, OCTOBER 31, 1902.

165

Atlanta, Ga.
Friday, October 31, 1!)02,
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 Rev. C. E. Dowman.

The roll was called and the following members answered to their names :

Adams, Alford, Almond, Arnold, Ayres, Beauchamp, Hell of l!lmanuel, Bell of ~1ilton, Blackburn, Booth, Bowen, Boy kin, Brinson, Brock, Brown, Bruce, Buchan. Buchannon, Burton, Hush, Butts, Calvin, Candler, Cann, Carr,

Carrington, Carswell, Cllatt, Conner, Cook, Cromartie, Crumbly, Daves, Davis, Davison, Derrick, Duckett, Duggan, Dunbar, Edwards, English, J<Jnnis, l!lvans, Felder, Ifields, Flanigan, Flynt, l'oster of Oconee, Foster of '!'owns, l!'ranklln,

Fussell, Gaulllen, George, Grenade, Grice, Urittin, Hall, Hardeman, Harden, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of Carroll, Hixon of !:Sumter, Holder, Houston, Howard of Baldwin, Howard of Laurens, Howell, Hutcheson, Johnson of Cllnch, .Tohnson or Crawford, Jones of Dougherty,

166

JoURNAL OF THE HOUSE.

.Tones of Pickens, Kelly, Kendricl, Kent, Kilburn, Knight, Knowles, Lane, Lawrence, Little, l\lann, 1\Iartlu, 1\Iayson, l\Iiller of Bullock, 1\Iiller of Muscogee, :\I! lis,
~Iitcham,
:\Iizell, 1\Iorton, 1\Ioses, Mulherin, McBride, :\lcCurry, :\IcEimurray, 1\lcHenry,

~lcl..ain,

Shannon,

Newton,

Singletary,

Nisbet,

Slaton,

Owen,

Spence,

0Yerstreet,

Steed of Carroll,

O'Qulnn,

Steed of Taylor,

l'arl,er,

Stew11rt,

Pate of Dooly,

StoYall,

Pate of Gwinnett, Striduand,

l'h!lllps of .J etrerson, Thompson,

I'hillips of Quitman, Thurman,

Proctor, Hankin, Hawls, Heel w i n e , Reid, Hice,

~"'igner,
Tracy, Underwood, Walker of 1\Ionroe, \Valker of l'lerce, \Yarren,

Richardson,

" 'e II b o r n ,

Hidley,

Whitley,

Rogers of Hall,

Wilson,

Rogers of ~Iclntosh, \Yise,

Roper,

\Yomble,

Rountree,

"'ooten.

Sanders,

Yates.

Shackelford,

1\Ir. Speaker.

Those nbscnt were :Messrs.-

Akin, Alexander, Baldwin, Beall, Deal, Dozier, Glenn, .Johnson of Baker,

Lanier, Lowe, Maples,
~ritchell,
1\TeRae, Paulk of Cotree, Paulk of Irwin, Peyton,

Preston, Rainey, Stanford, Valentine, \Y:ttson, "elch, \Vest,

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

::\[r. Hall of Bibb gaYe notice that at the proper time he wmll<l moYe to reconsider the action of the House in referr-

FRIDAY, OcTOBER 31, 1902.

167

ing to the Committee on Appropriations the resolution introduced by himself in reference to the employment of porters and pages in the House.

The Speaker then announced the following standing committees, to wit:

AMEND::\1ENTS TO CONSTITUTION.

MR. AKIN of Bartow, Chairman.

Blackburn, Vice-Chairman, George, Reid, Slaton, Steed of Taylor, lliller of Muscogee, McHenry, Hixon of Sumter, Hall, Cann,

Butt~.
Felder, Flynt, Womble, Warren, Walker, Phillips of Jefferso~ Little, Mitchell, Evans.

168

JOURNAL OF THE Housa.

APPROPRIATIONS.

MR. DAVIS of Meriwether, Chairman.

Steed of Taylor, Vice-Chairman,
Cann,
Felder, McHenry, Slaton, Knowles, Wellborn, Warren, Franklin, Davison, Bruce, Booth, Bell of }Iilton, Arnold, Almond, Alexander, Akin, Calvin, Flynt,

:1\IcLain, Moses, Miller of Muscogee, Howard of Baldwin, Parker, Hainey_. Shackelford, Shannon, 'fhompson, West, Holder, Hixon of Sumter, Hixon of Carroll, Hawes, Hall, Hardeman, Owen, OverBtreet, Rountree. Bowen,

AUDITING.

Mn. RAWLS of Effingham, Chairman.

Womble, Vice-Chairman, Davis, wise,

Hall, George, Grice.

FRIDAY, OCTOBER 31, 1902.

169

BANKS AND BANKING.

MR. JONES of Dougherty, Chairman.

Hawes, Vice-Chairman, :M: ulherin, Walker of Monroe, Kendrick, Cook, Fields, Davison, Calvin,

Buchannon, Griffin, Lane, McCurry, Mayson, Almond, Alford, Phillips of Jefferson.

BLIND ASYLUl\L

MR. KELLY of Glascock, Chairman.

Peyton, Vice-Chairman, Lawrence, Mayson, McBride, Foster of Towns, Yates, Welch,

Thompson, Strickland, Rice, Singletary Rawls, Buchan, Morton.

170

JOURNAL OF THE HOUSE.

CORPORATIONS.

Mn. SHACKELFORD of Clarke, Chairman.

Little, Vice-Chairman, La"rrence, :M:ills,
~fcLain,
Rice, Bell of Milton, Ayres, Ennis, Davison, Dave:>, 1\f.ann, St:eeil of Taylor, I_jowe, Kelly, Kenilrick, Hixon of Carroll, Henry, Welch, McElmurray, Yates,

Parker, Hicks, Jfayes,
~Iartin,
Duckett, Derrick, Carr, Calvin, Carswell, llcauchamp, Alexander, Bowen, Kilburn, R<>dwine, Brnee, Hnchan, Burton, Jones of Pickens, Richardson, Foster of Oconee.

FRIDAY, 0CTO:BER 31, 1902.

171

COUNTY AND COUNTY MATTERS.

Mn. SHANNON o Monroe, Chairman.

:Mitcham, Vice-Chairman,

Kent,

Martin,

Dozier,

Duckett,

Carr,

Burton, Boykin, Ayres,

Beauchamp,

Buchan,

Cliatt, :Maples, :McLain,

Warren,

Yates,

.

Walker o Monroe,

Thompson,

Hice,

Phillips o J cfferson, Overstreet,
Singletary, Steed o Carroll, Strickland, Stewart, Nisbet, Kilburn, Johnson o Clinch, Hardeman, Granade, Hicks, Cromartie, Crumbly, Fussell, Bush, Baldwin, Alford.



172

JOURNAL OF THE HOUSE.

EDUCA'l'IOK.

Mn. Hoi.DER of Jackson, Chairman.

Adams, Vice-Chairman, Miller of Muscogee. Steed of Taylor, Knowles, Wellborn, Rainey, Howard of Baldwin, Jones of Dougherty, Kelly, Booth, Arnold, Cann, Franklin, l\foses, McCurry, Bush, l\f :1son,

Hixon of Carroll, Peyton, Ridley, Stewart, Stovall, Womble, Yates, Richardson, Proctor, Davis, Bell of Milton, Houston, Rogers of Hall, Hawes, Boweu, Wilson.
.'.:.

ENROLLl\IENT.

MR. WELLBORN cf Union, Chairman.

B<'ll of Milton, Vice-Chairman, l\fcBride,

Harden,

Dunbar,

Hardeman,

Gaulden,

Hou:;ton,

Fnderwood,

Rainey,

Bruce.

Hichardson,

FRIDAY, OCTOBER 31, 1902.

173

EXCUSE OF MEMBERS.

MR. WisE of Fayette, Chairman.

Whitley, Vice-Chairman, :Martin, Preston, Johnson of Baker, Butts,

Beall, Valentine: Underwood, Grice.

GENERAL AGRICU:!:JTURE.

MR. CALVIN of Richmond, Chairman.

Arnold, Vice-Chairman, Conner, Hardeman, l\Ioses, McLain, Walker of :Monroe, Yates, Stovall, Stewart, Roper, Uogers of Hall, Rice, Vhillips of Quitman, Peyton, J:>arker, Griffin, Beauchamp, Alexander, Bell of Emanuel, Booth, Boy kin, Brock, Burton, Carr, Bush,

Cook, CJ'Umbly, Davis, Derrick, Dozier, Duckett, Hawes, Wilson, Womble, McCurry, .Tones of Pickens, Henry, Flynt, Franklin, Sanders, Fussell, Ne"nton, 11fcElmurry, Martin, Pate of Dooly, Maples, Rountree, Pate of Gwinnett, .Tohnson of Clinch.

174

.jOURNAL OF THE HOUSE.

GENERAL JUDICIARY.

::\In. SLATON of Fulton, Chairman.

Akin, Vice-Chairman, Phillips of Jefferson, Steed of Taylor, Flynt, l\Icllenry, Reid, Wilson, Blackburn, ::\fcCurry, Howard of Laurens, Stanford, Jiiller of Muscogee, i\[itchell, Felder, Ennis, Cann, Hixon of Sumter, George, Owen,
iiver~tn~t,
Bowen,

Ridley, Jones of Dougherty, Watson, Evans, Hall, Shackelford, Wise, ::\fills, Womble, Kent, Little, Wellborn, Howard of Baldwin, \Varren, Tigner, Butts, .Johnson of Baker, Walker of Pierce, Carswell, West.

FRIDAY, OCTOBER 31, 1902.

175

.. GEORGIA SCHOOL FOR THE DEAF. lVIR. ENNIS of Floyd, Chairman.

UcLain, Vice-Chairman, Evans, Conner, Beauchamp, Ayres, Almond, Harden, Knowles, :\Iaples, Fussell,

Pate of Gwinnett, O'Quinn, J one;; of Pickens, Sander:;;, Stanford, \Varrcn, Welch, Sp0nce, Crumbly.

GEORGIA STATE SANITARIU!Il.

l\IR. FRANKLIN of Washington, Chairman.

Howard of Baldwin, ViceChairman,
Hicks of Sumter, Wellborn, Shannon, Kent, Kendrick, Cliatt, Burton, Bruce, Beall of Paulding, Adams, Grice, Henry, .Tones of Pickens, Kelly, Kilburn, Spence, Sanders,

Thurman, Knowles, Little, Wateon, Rountree, Walker of Pierce, Mulherin, Morton, Mayson, Martin, Pate of Gwinnett, Carswell, Daves,
Ducke~tt,
Alexander, Pate of Dooly, Griffin, Brock, Davieon.

176

JoURNAl. OF THE HOUSE.

HALL AND ROOMS.

MR. OwEN of Pike, Chairman,

Slaton, Vice-Chairman, Calvin, Davis,

Reid, Steed of Taylor.

HYGIENE AND SA~ITATION.

MR. HARDEMAN of Jackson, Chainnan.

Daves, Vice-Chairman, Beall, Brock, Buchan, Cliatt, Kelly, Sanders, Redwine, Shannon,

Mills, Lowe, Whitley, Miller of Bullock, Edwards, Kewton, Jones of Picken:", Spence, Hutcheson.

IMMIGRA'l'ION.

lVIR. STEWART of Calhoun, Chairman.

Baldwin, Vice-Chairman, Wooten, Hichardson, .Preston, Bowen, Ruchannon, Hendry, Bush, Cromartie, Hutcheson, Howard of Laurens,

Carrington, Duggan, Maples, Foster of Oconee, Gaulden, Fussell, Edwards, Proctor,
Engli~h,
Knight, Rogers of Mcinto5h,

FRIDAY, OcTOBER 31, 1902.

177

INTBRNAL IMPHOVEl\IENTS.

MR. BELL of Milton, Chairman.

Beauchamp, Vice-Chairman, Johnson of Crawford, Alford, Hendry, Paulk of Coffee, Paulk of Irwin, Preston, Wooten, Rountree,

Mann, Bush, Buchannon, Nisbet, McRee, Newton, Fussell, Gaulden, Stewart.

INVALID PENSIONS.

MR. MILLS of Cherokee, Chairman.

Brock, Vice-Chairman, l\Ii tchell, West, Proctor, Arnold, Cromartie, l\filler of Bullock, J,anier,

Johnson of Crawford, Knight, Glenn, Strick land, Tracy, Watson, McElmurray, Gaulden.

JOURXALS.

Mn. Fr.ANIGAN of Gwinnctt, Chairman,

Evans, Vice-Chairman, Georgr, Hbckburn,
12 h

Grice, Candler, Stovall.

178

JOURNAL OF THE HOUSE.

LABOR AND LABOH STATISTICS.

MR. HousTON of Fulton, Chairman.

Kilburn, Vice-Chairman, Miller of Muscogee, Mulherin, Bell of Milton, Lowe, Hixon of Carroll, Hardeman, Pey:ton, Stewart, Richardson, Kelly,

Carr, Booth, Ayres, Beauchamp, Maples, Mills, Burton, English, Duckett, l!'oster of Towns.

MANUFACTURES.

MR. MAYSON of DeKalb, Chairman.

Mulherin, Vice-Chairman, McBride, Lowe, Hendry, Griffin, Rice, Thompson, Whitley, Alford, Pate of Dooly, West, Tigner,

Redwine, Hayes, Hardeman, Ayres, Flanigan, Almond, Deal, Oarr, Brown, Buchan, Johnson of Clinch.

FRIDAY, OCTOBER 31, 1902.


MILITARY AFFAIRS.

MR. MULHERIN or Riclunond, Chairman.

McHenry, Vice-Chairman, Bell of Emanuel, Grice, Harden, Blackburn, Griffin, Hawes, Butts, Brinson, Cook, Howard of Laurens, Jones of Dougherty, Johnson of Baker,

Kilburn, Lane,
DunLn1'.
McRee, F'ranklin, Flynt, Ennis, Felder, Tigner, Stovall, Ridley, Shackelford, Pate of Dooly.

MINES AND MINING.

MR. UNDERWOOD of White, Chairman.

Yates, Vice-Chairman, Brown, Howell, Roper, Wooten, Valentine, Paulk of Coffee, Rankin, Glenn, )-fa yes, Howard of Laurens, Hl!tcheson,

Johnson of Crlliwford, Knight, Lane, Lanier, Gaulden, Foster of Oconee, Carrington, Sanders, Deal, Dunbar, Edwards, Rogers of Mcintosh.

180

JOURNAL OF THE HOUSE.



)ln. STEED of Taylor, Chairman.

Wilson, Vice-Chairman, l\Ioses, Cann, Brock, Hawes, Ridley, Owen, Wise, :McLain, lHcCurry, McHenry, Ke>nt, Kilburn, )fayson, :Martin, }[cBrid(', }fills, )fitcham, Dncketr, Fdder, Frnnklin, Strrd oi' Cnrroll, Roprr.
na\1];:.
Phillip;: of .Trffrrson,
n..n of :Hilton.
Rnsh,

Beall, Booth, Brinson, Holder, Rainey, Shannon, Thurman, S tricklancl, Welch, Derrick, Daves, Foster of Towns, Dozier, English, Carswell, Boy kin, Arnold, CrnnadP, Henry, Houston, Jones of Dougherty, l\fann, Pate of Dool,,, Parkrr, Phillip;; of Quitman, lTo\Ynrcl of Rnldwin. Sanc1ers.

FRIDAY,. OCTOBER 31, 1902.

181

PENSIONS.

1\In. HAWES of Elbert, Chairman.

Stanford, Vice-Chn irman, Peyton, }<'Ianigan, Carr, Burton, Calvin, Boy kin, Johnson of Clinch, \Vatson, 'rhurman, Tlwmpson, Hice, Lowe, l\fcBride, Cliatt, Carrington, Newton,
l~edwine,

Hicks, Henry, Buchan non, Carswell, J<'ields, l\fizell, :Maples, Kent, Richardson, Walker of Monroe, Whitley, Steed of Taylor, Preston, Cook, Spence, Rountree, Dral.

ON PRIVILEGES A:\fD ELECTIOXS.

Mn. Wn.sox, Chairman.

Davison, Vice-Chairman, Brock, Beall, Steed, Thurman, Beauchamp, Grice, 1\filler, Shannon, Lawrence, Cook,

Daves, Wellborn, Kelly, Derrick,
Candler, Hixon of Sumter, Phillips of Jefferson, Overstreet, Flanigan, Butts.

182

JOURNAL OF THE HOUSE.

PIUVILEGES OF THE FLOOR.

~In. RrmEY of Troup) Chairman.

Beall of Paulding, ViceChairman,
Carswell, l\Ii tchell, Lawrence,

Johnson of Baker, ,Tohnson of Clinch, Rawls, Valentine.

PUBIJIC LIBRARY.

l\In. 1IcCunnY of Hart, Chairman.

Rainey, Vice-Chairman, Harden, Sranford, Wooten,

Walker of Pierce, Field, Baldwin, Akin.

PUBLIC PinN'l'ING.

l\In. BELL of Emanuel, Chairman.

Flanigan, Vice-Chairman, Rainey, Houston, Boy kin, Kilburn,

Steed of Carroll, Brinson, Hayes, Calvin, Knmvles.

PUBLIC PIWPERTY.

l\In. RAIXEY of 'fenell, Chairman.

Kent, Vice-Chairman, Blackburn, Candler, Cook,

Miller of Bullock, :Mitcham, Howard of Baldwin, Stewart.

FRIDAY, ocToBER 31, 1902.

183

RAILROADS.

MR. CANN of Chatham, Chairman.

Knowles, Vice-Chairman, McCurry, Ha.wes, Steed of Taylor, Heid, Peyton, Phillips of Jefferson, Wilson, \Vise, Womble, Jones of Dougherty, Franklin, Mulherin,
~fills,
1\fose-s,
~{itcham,
Bower,

Davis, Bro-ck, Booth, Griffin, Welch, Shannon, Arnold, Flanigan, Carr, Ru:tts, Hixon of Sumter, Little, lkrrick, Dozier, Beall of Pauldin~ Dnvison.

ROADS AXD BlUDGES.

l\In. l\IosEs of Coweta, ChairmaN.

Parker, Vice-Chairman, Owen, Pate of Dooly, Roper, '!'racy,
~[ann,
Hendry, Bowen, Burton, Duggan, Cromartie, 2\{orton,

Singletary, Phillips of Quitman, Pate of Gwinnett, Paulk of Coffee, Paulk of Irwin, J[awarcl of Laurens, Valentine, .M nple1>, Knight, .Tohnson of Crawford, O'Quinn.

184

JOURNAl, OF THE HOUSE.

HULES.

l\In. l\Iomns, B;v Officio Chairman.

Calvin, Vice-Chairman, Knowles, Reid, Steed of Taylor, Cann,

\Yilson, Slaton, Flynt, Akin.

SPECIAL AGIUCULTUHE.

l\In. CoxxER of Bartow, Chair!llil.ll.

Martin, Vice-Clw irman, Hell of l\Iilton,
Ayres,
Granade, l\IcBride, l\Ii tcham,
.Tohnson of Ora wford,
l\Iayson, Strickland, "Ellgli::ll, ])ayison, AUord, )I iller of Bullock, 'Thompson, oQuinn, Pnnlk of Irwin, Tracy, ] 'reston,

Proctor, Lanier, l\Iorton, ::\Iizell, Hayes, Brinson, Carrington, Cromartie,
~isbet,
Cook, Cliat,t, EdwarJs, Rush, Steed of Carroll, Foster of Oconee, Foster of Towns, Pa nlk of Coff~.2, nr(lwine.

FRIDAY, QcroBER 31, 1902.

185

SPECIAL JUDICIARY.

)In. FLYXT of Spalding, Chairman.

\\'arrcn, Vice-Chairman, Overstreet, Felder, Fields, Franklin, Dnnhar, Kendrick, Kelly, Howell, Hankin, Hicks, Grice, Booth, Halclwin,
Alexander, Bruer,

Brown, Boy kin, Candler, Deal, Duckett, Davison, Hixon of Carroll, Hicharclson, Singletary, Underwood, Welch, \\' ooten, Hell of Milton, 'l'h urman, l\[cLain, Lane.

STATE OF THE REPUBLIC.

l\fu. BooTH of Walton, Chairman.

Ayrco1, Vice-Chairman, Beall, Brown, Glenn, Lane, Lanier,

Cook, 1\IcHee, l\[izell, Tracy, Singletary, Sanders.

186

jOURNAL OF THE HOUSE.

TEMPERANCE.

l\In. ADAMS of Putnam, Chairman.

Alexander, Vice-Chairman, Hixon of Carroll, Overstreet, Strickland, Dozier, Calvin, Cann, Bush, Steed of Taylor, :mackburn, Knowles, Kendrick, Houston,

Hixon of Sumter, Jlarden, Unmade; George, Cliatt, Felder, III ills, 1Nilson, West, \Vise, Shackelford, Jones of Pickens.

UXIVEHSITY OF GEOHGL\ AXD ITS BRANCHES.

}In. }In.um of }luseogcc, Chairman.

StoYall, Vice-Chairman, Bell of Emanuel, Hall, 1Iixon of Sumter, Ha:wcs, Knowles, Krm1rick, .Johnson of Baker, Cnlvin, Brown, Cancllrr, Franklin. Flynt,

Flanigan, Dunbar,
Enni~,
McCurry, Strcc] of Taylor, ~rrecl of Carroll, Slaton, Shannon, 01rtn, Ol'rrstrcet, l?cicl, Ridley,
~hackclforcl.

FRIDAY, OCTOBER 31, 1902.

187

WAYS AND MEANS.

MR. REID of Campbell, Chairman.

Phillips of Jefferson, ViceChairman,
Mulherin, 8!ovall, Wilson, Wise, Whitley. Ennis, Evans, Flanigan, Daves, Candler, Blackburn, Bell of Emanuel, George, Grice, .Johnson of Clinch, Jones of Dougherty,

Kent, Lawrence, ::\Iartin, Rogers of Hall, Womble, Mitcham, l\fi tchell, Duckett, Dozier, Derrick, Crumbly, Baldwin, Howell, Rankin, Steed of Carroll, Stanford, Tigner, Kilburn.

WESTERN AND A'fLANTIC RAILROAD.

niR. KNOWLES of Floyd, Chairman.

:Flynt, Vice-Chairman, Bell of Emanuel, Davis, Connrr, Tigner, Thompson, Slaton, Singletary, Kendrick, Bowrr,

Jones of Pickens, Hicks, Watson, Rankin, Owen, Holder, Johnson of Clinch, l\Ic Ree, Spence.

188

}OURNAI. OF THE HOUSE.

\HLD LANDS.

l\In. HoGEUS of Hall, Chairman.

'l'hurman, V.icc-Chn.irman, Howell, Sanders, Phillips of Quitman, O'Quinn, Henl1ry, }[izt'll, Buehnnnon,

Bowen, Valentine, l'roctor, J'nnlk of Irwin, Glenn, Knight, Hogers of l\Jclntosh.

TlH' follm,inp; invitation was roa<l, and on motion of l\fr. Fdtl<'r of Dibb, tho same was accepted, to wit:

October 31, 1002.

IIox. X. A. :::\Iom:rs, Speaker Honse of Hepresentatives, State Capitol, City.

DK\n Sm:-Kimlly han~ re:ul for me the following invitation:

ThP Honse of Hqnpscntati,cs, it~ ofilecr~, mHl the ropre-

scntatin'" of the prPss eomwctcd \Yith it, are eonlially in

vite<l to a hnrhocne to be given on next \Yctln<'s<lny afternoon, :Kon'mlJer G. Tlw st1eet cars will l<~avc the

Cnpitol at 2 o'clock

Hcspcctfnlly,

.TouN J\L SL.\TON.

In accor<lancc with his prcvwns notice, :::\Ir. Hall of Bibb mow<l to rccm1sidPr tho action of the Honse ill refciTing to tho <;ommitt<'<' on 1\ ppropriations the resolution intro<hl('e<l by himself in rpferencc to tho employmrnt of porters an<l pages in th<~ House.

FRIDAY, OCTOBER 31, 1902.

189

1fr. Hardin of Chatham called for the previous question, which call was snstaiuetl, an!l the main question ordered.

On the motion to reconsi!ler the ayes were 41; nays, 74.

The motion was therefore lost.
Undcr the head of mdinished business, the following bill was taken up and reall the secoml time, to wit:

By 1[r. Overstreet of Screven-
A bill to abolish the county court of ScreYen county, and for other purposes.

Upon the call of the roll of counties for the introduction of new matter, the following bill,; were intro<luced, read the first time and appropriately referred, to wit:

By J\Ir. Gaul!ling of Brooks-
A bill to prohibit betting or selling of pools in this State and for other purpoo;e,.
Referretl to General ;rudiciary Committee.

By :Mr. Hall of Bibb~
A hill to prohibit any railroad, c>xprP~s, telegraph, or telephone company, et()., from granting to public officers of this State any gift or grant, and for other purposes.

Referred to General Judiciary Committee.

By :Messrs. Hall of Bibb, Knight, Underwood, Rankin,

190

JOURNAL OF THE HOUSE.

Tigner, Glenn, Hichardson, Deal-

A bill to prohibit any person or persons to maintain any railroad across any public road or street in this State, and for other purposes.

Referred to Geueral ,Judiciary Committee.

By :Mr. 11fayson of DeKalb-

A bill for the relief of :Michael A. Steele, Wm. P. :Madlock and \Vm. B. Smith, and for other purpose~.

Referred to General Judiciary Committee.

By Mr. Stewart of Calhoun-
A bill to incorporate the town of Edison in the county of Calhoun.
Referred to Committee on Corporations.

By Mr. Blackburn of Fulton-
A hill to authorize street railroad companies to engage in the business of furnishing steam heating or power, and for other purposes.

Heferred to General ,Judiciary Committee.
By Mr. :Mayson of DeKalb-
A resolution to appropriate $50.00 to 1\Irs. E. W. Stewart of DeKalb county for pension due her husband.
Referred to Committee on Appropriations.

FBIDAY, OcToBER 31, 1902.

191

By Mr. Flanigan of Gwinnett-

A bill to amend paragraph 1, section 4, article 8 of the Constitution relati\'e to establishing public schools by local taxation.
Referred to Committee on Constitutional Amendments.

By l\Iessrs. \Valker and Shannon of Monroe-

A bill to repeal an Act to create a Board of Commissioners of Roads and Public Buildings for Monroe county, etc., and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Grice of Pulaski -

A bill to increase the powers of certain judges sitting in this State in vacation, and for other purposes.

Referred to General Judiciary Committee.

By Mr. Grice of Pulaski-

A bill to amend section 1, article 8 of the Constitution of Georgia, and for other purposes.

Referred to Committee on Constitutional Amendments. By Mr. Calvin of Richmond-

A bill to authorize cities of this State having a population of 30,000 inhabitants to lay out and maintain bouleYards, etc., and for other purpose~.
Referred to Committee on Corporations.

192

JOURNAL OF THE HOUSE.

Dy .Jlt. Calvin o:f Hiclnnond-

A bill for the proteetion of birJ.s and their nests anJ. egg,;, and for other purpose,;.

Heferrod to General ~\gricnltural Committee.

By J.lr. Calvin of Hicltmond-
A bill to abolit>lt tho <lays of grace referred to in section 3GSO, Yolmuo 2 of the Code, and for other purposes.
Hoferrocl to Committee on Banks.

By ~fr. Dunbar of Richmo1t<l-

A bill to require executions to he recorded upon tho General Execution Docket of tho county where tho land is located, and for other purposes.
Hcfcrro<l to General .Tn<liciary Committee.
Dy Jlr. Flynt of Spahliitg-
A hill to amend Rectiou 21-1-;) of the Code, so as to better fix tltc \'l'tme of situs against iwnuauee companies, and for otiH'l' pnrposes.
H<fetTo<l to Genera1 ;rudieiary Comm ittce.

]~y .\It. \Ycllhoru of Fttion-

A hill rcgnlating tho dra\\'ing of pen,;ions ancl desig1tatiJtg til<' nmonnt of property to he 0\\'llO<l; to prohibit the ilra\\'ing of same, and f-o1' other purposes.

Referred to Committee on Pensions.

FRIDAy, OCTOBER 31, 19l)2.

193

By Mr. Franklin of Washington-
A bill to amend the charter of the city of Tennille, and for other purpose;:;.

Referred to Special J u<liciary Committee. B; ~Ir. l~nderwood of White-
A hill to amend section 151, volume 3 of the Code, and for other purposes.

Rderre(l to General Judiciary Committee. By ~Ir. rnderwood of white-

A hill to limit the fees of ;:;olicitors-general m cmtnin cases, and for other purposes.
RefC'rred to General .TlHliciary Committee.
By ~Ir. Glenn of Whitfield-

A bill to ammHl section fl27, volume 3 of the Co,le of 1Sfl5, awl for otll('r purposes.

Referred to General JlHlieinry Committee.

By -;\Ir. GlC'!m of Whitfiel(l-

A hill to nmC'JHl nn Act to re11nire immigrant agC'nts to pa,\' a licC'nse of *;)00.00 in the eountiPs in which they (lo lmsinC's,:;.

RdcrrC'd to CommitteC' ou Immigration.

ThC' following rC'solution, which was laid on the table for one day, was read, to wit:
13 h j

194

JOURNAL OF THE HOUSE.

By Mr. Hayes of Macon-
A resolution providing for a eommittee of three to examine the books of the State Treasurer and ComptrollerGeneral.

By unanimous consent, Mr. Hall of Bibb, was allt wed to withdraw resolution No. 30~ which provides for the appointment of a Committee on Finance, from the Commit~
tee on Rules. He then offered the same as a substitute for
the preceding resolution.

The resolution was as follows, to wit:

By 1\Ir. Hall of Bibb-

Resohecl by the House, That there shall be appointed by the Speaker of the ~-Iouse, in accordance "ith section 30- of the CoJe, a Finance Committee, which committee shall clisrharge the duties prescFibed by said section.

The following amentlments to the above resolution wel'c read and adopted, to wit:

Amend by adding after the word "Honse" the words "Senate concurring."

Amend b.' adding after the word in the third line tho words "President of the Senate."

Amend by adding after the letter "a" 111 the sixth line the word "joint."

The resolution was then adopted by snhstitnte as amend eel. '

MONDAY, NOVEMBER 3, 1902.

195

Leave of absence was granted Messrs. Howell, Overstreet, Lawrence, Hogers of Hall, Johnson of Crawford, Fussell, McBride, Nisbet, Pate, English, Harden, Edwards, Buchannon.

On motion of J\!Ir. Hawes of Elbert, the House adjourned until 10 o'clock Monday morning.

Atlanta, Georgia,

:Monday, November 3, 1902.

The House met pursuant to adjournment at 10 o'clock a.m. this day; was called to order by the Speaker, anJ opm1ed with prayer by the Chaplain.

The roll was called and the following members answered to their names :

Adams, Akin, Alexander, Alford, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell of Emanuel, Bell of Milton,

Blackburn, Booth, Boy kin, Brinson, Brock, Brown, Bruce, Buchan, Buchannon, Butts, Cai1in, Candler,

Cann, Carr, Carrington, Carswell, Cliatt, Cook, Cromartie, Davis, Davison, Dozier, Duckett, Duggan,

196

JOURNAL OF THE HOUSE.

Dunbar,

Kilburn,

Rankin,

.bnglisn,

Knight,

Rawls,

_~,_;nnis,

Knowles,

Hedwlne,

1,;\ans,

Lane,

Rice,

.J:'elder,

Lanier,

Kichardson,

l'ields,

Lawrence,

Ridley,

Flanigan,

Little,

Rogers of Hall,

l'lynt,

Lowe,

Rogers of Mcintosh,

l'oster of Oconee, l\Iann,

Roper,

I'oster of '!'owns, Martin,

Hountree,

l'ranklin,

Mayson,

Sanders,

l'ussell,

Miller of Bullock, Shackelford,

Gaulden,

l\IIller of l\1 uscogee, Shannon,

<ieorge,

Mills,

Singletary,

Ulenn,

.\litcham,

Slaton,

Grenade,

.L\litcliell,

Spence,

Urice,

:\lizell,

Stanford,

t7ritlin,

Morton,

Steed of Uarroll,

Hall,

Hoses,

Steed of 'l'aylor,

Hardeman,

Mulherin,

StoYall,

Harden, Hawes, Hayes,

l\IeBride, l\IcUurry, l\IcE!murray,

Strickland, Thompson, 'l'hurman,

Hendry, Henry,

1\Icllenry, l\lcLain,

'_figner,
Tracy,

Hicks, Hixon of uarroll, Hixon of Sumter, Holder, Houston,

l\lcHae. Newton, Nisbet, Owen, O'Quinn,

Underwood. Yalentine. "'alker of 1\Iomoe, -nalker of Pierce, "'anen,

Howard of Baldwin, Parker,

'Yatson,

Howard or Laurens, Pate or Uwinustr, "'elch,

Hutcheson,

l'aulk of Uoffee,

"'ellbom,

Johnson of Baker, Paulk of Irwin, .Tohnson of Ulinch, Peyton,

"'hitlPy, Wi.lson,

Johnson of Urawford,Phillips of Jefferson, "Ise,
Jones of Dougherty, Phillips of t~uitmau, ~':omble,

.Tones of Pickens, Preston,

Kelly,

J~ ., Proctor,

Kent,

Hainey,

' ooten. Yates. l\Ir. Speaker.

MONDAY, NOVEMBJ:<:R 3, 1902.

197

Those absent vvere :Messrs.-

How en, Burton, Hush, Conner, Crumbly, Daves,

Deal, Derrick, Edwards, Howell, Kendrick, Maples,

Overstreet, Pate or Dooly, Reid, Stewart, west,

The Journal of yesterday's proceedings was read and confirmed.
The follo\Ying resolution was introduced, and under the rules of the Honse was referred to the Committee on Privileges of the Floor without being read, to wit:

By Mr. McCurry of HartA resolution extending the privileges of the floor to Hon.
W. R. Beasley, of Hart county, during his stay in the city. The following resolutions were read and adopted, to wit:
By :Mr. Fields of Dooly-

A resolution inviting Rev. Wallace Buttrick, D.D., to address the House, on Tuesday November 4, at 12:15 o'clock, on the subject of education.
By Mr. :J\[cRae of Lowndes-

A resolution providing for the acceptance of the invitation to attend the State Fair at Valdosta on November 6, 1902.
By Mr. Candler of DeKalb-
A resolution returning the thanks of the General Assembly to tho city of Athens, the Daughters of the Con-

198

JOURNAL OF THE HOUSE.

:federacy, the authorities o:f the University, and the State :Normal School, and others, :for the hospitable entertainment Sh~corded the General Assembly on their visit to Athens.

Upon the call o:f the roll o:f counties :for the introduction of new matter, the :following bills were introduced, read the first time and appropriately rderred, to wit:
Ry l\fr. Newton o:f Colquitt-

A bill to incorporate the village of Obe into the town o:f N orJnan, and :for other purposes.
Referred to Committee on Counties and County Matters.
By :MesRrs. Steed and Hixon o:f Carroll-

A bill to extend the corporate limits o:f the city o:f Car roll ton.

Referred r.o Committee on Corporations.

By Mr. :Fields of Dooly-
A bill to make it unlawful for any landlord to discharge a :farm laborer without good cause, and :for other purposes.
Referred to General .Judiciary Committee.
By :Mr. Howard of Baldwin-
A bill to amend an Act to create the charter of Milledgeville, and for other purposes.
Referred to Committee on Corporations.

MONDAY, NOVEMBER 3, 1902.

199

By :Mr. Davison of Greene-

A bill to amend an Act creating county courts so far as the same relates to the county of Greene.

Heferred to General Judiciary Committee.

By Mr. Blackburn of Fulton (by request)-
A bill to amend section 97, volume 1 of the Code of 1895, and for other purposes.

Referred to General Judiciary Committee.

By :Messrs. McHenry, Knowles and Ennis of Floyd-
A bill to require all prison-made goods to be labeled "prison-made goods," and for other purposes.

Referred to General J udieiary Committee.

By :Mr. Ennis of Floyd-
A resolution for the relief of V. T. Sanford, former taxcollector of Floyd county.

Referred to General .Tudiciary Committee-
By :Messrs. Hawes of Elbert, and Stovall of Chatham-
A bill to provide for the preservation of the Confederate, Revolutionary and Colonial Hecords of Georgia.

Referred to Committee on Appropriations.

By :Mr. Stanford of Harris-

A bill to establish the city court of Hamilto:n, Georgia, and for other purposes.

200

JOURNAL OF THE HOUSE.

Referred to General Judiciary Committee. By :Mr. Kent of Johnson-
A bill to create a hoard of commissioners of roa<ls and re\ennc,; for Johnson county.
Heferrcd to Committee on Connties and County ~[utters.

By ~Ir. Thomp,:on of Hall-
.\. hill to amen<l the election laws of Georgia, and for othC'r purposes.
Heferred to Committee on Pri,ileges and Elections.
J3,v ::\[r. Kent of JohnsonA bill to rcqnire jncl~C'$ of the superior courts to hold
qnarterly sessicms, and for other purposes.

Referred to General .Tudicinry Committee.

l3y ::\Iessrs. Shannon awl Walker of ~Ionroe-
A bill to provi<le for a honrcl of commissioner of roads and reYenues for the county of walker, and for other purposes.
Referred to Committee on Counties and County Uatters.
By ~Jr. \Yalker of :Monroe-
A bill to provide for payment of costs of officers of tlw courts, including justices and constableR, in certain counties, and for other purposes.
Hcferred to Committee on Counties and County :Matters.

MoNDAY, NovEMBER 3, 1902.

201

Ry 1\lr. Rainey of Terrell-

A hill to amend an Act to incorporate the town of Sasser, in Terrell county, and for other purposes.

Heferred to Special Judiciary Committee.

By 1lr. Booth of Walton-

A hill to prescribe the qualifications of jur01:s in the superior courts of Georgia, and for other purposes.
Heferred to Special Judiciary Committee.

By :Meflsrs. Alexander and Grenade of "Wilkes-
A bil1 providing for the protection of owners or keepers of horses, etc., and for other purposes.

Referred to General Jndiciary Committee.

By .Mr. Glenn of "Whitfield-

A bill to alobish the death penalty in this State in all cases except rape, and for other purposes.

Hefcrred to General Judiciary Committee.

By .Mr. Underwood of white-

.\hill to amend section 114, volume ~ of the Code, relative to the abandonment of a child by the father, and for other purposes.

Hcfcrrrd to Snccia1 .Tndiciarv Committee.

1



Dy nnanimons consent, the fe>llowing hill was withdrawn 1\om iite amnmittee, read the second time and re-referred, tc> wit :

202

JOURNAL OF THE HOUSE.

By Mr. Franklin of Washington-

A bill to 1nnend section 107 of the Code of 1895, and for other !JUrpose~.

By LUianimons com~cnt, Mr. :McHenry of Floyd, Wli$ ~1luwed to 'vithdraw House bill No. 69.
At the requeE~t of Mr. Steed of Carroll, House bill No. '27 wal': withdrawn from the Committee on Railroads, and 1:efcrred to Committee on General .Judiciary.

J.e::ve of abE~cnce was granted Messrs. Maples of l'vtitch('11, Dnnbar, Evans, Newton, Holder, Spence, Hall.

On motion of lfr. Steed of Taylor, the House arljourned until 10 o~cl1ck to--morrow morning.

Atlanta, Georgia, Tuesday, November 4, 1!)02.

The House met pursuant to adjournment at 10 o'clock -a.m. this day; was ealled to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called and the following members answered to their names:

Adams, Akin, Alexander, Alford, Almond,

Arnold, Ayres, Haldwln, Beall, Heauchamp,

llell of !~manuel, Bell of l\111ton, Hlackburn. Booth, Bowen,

TUESDAY, NOVEMBER 4, 1902.

203

Boykin, .Brinson, Brock, Brown, Bruce, Buchan, Huchannon, Burton, Bush, Butts, Calvin, Candler, Cann, Carr, <Jarrington, Carswell, Conner, Cook, Cromartie, Crumbly, Daves, Davis, Davison, Derrick, Dozier, Duckett, Duggan, Dunbar, English, Ennis, Evans, Felder, l!'lelds, Flynt, l!'oster or Oconee, F'oster of 'l'owns, l'ranklin, 'Gaulden, George, Glenn, Grenade, Grice, GrUHn,

Hall,

McBride,

Hardeman,

McCurry,

Harden,

;\lcJJ:Imurray,

Hawes,

~1cHeury,

Hayes,

l\IcLain,

Hendry,

McHae,

Henry,

Nisbet,

Hicks,

Owen,

Hixon of Cat'roll, O'Qulnn.

Hixon of gumter, Parker,

Holder,

Pate of Dooly,

Houston,

Pate or Gwinnett,

Howard of Baldwin, Paulk or Colfee,

Howard of Laurens, Paulk or Irwin,

Howell,

Peyton,

Hutcheson,

Phillips or Quitman,

.Johnson of Baker, Preston,

Johnson of Clinch, Proctor,

.Jones of. Dougherty, Rainey,

Jones or Picko?ns, Rankin,

Kelly,

Ha wls,

Kent,

Reid,

Kilburn,

Rice,

Knight,

Richarde.on,

Knowles,

Ridley,

Lane,

Rogers of Hall,

Lanier,

Rogers of Mcintosh,

" Lawrence,

Roper,

Little,

Rountree,

~anders,

Mann,

Shacl;:elford,

Maples,

Shannon,

Martin,

Singletary,

Mayson,

Slaton,

Miller of B ....!ock, Spence,

Miller or Muscogee, Stanford,

Mills,

Steed of Carroll,

Mitcham,

~teed of ~l.'aylor,

l\Iltchell,

Stewart,

Mizell,

Stovall,

Morton,

Strickland,

Moses,

Thompson,

Mulherin,

Thurman,

204

JOURNAL OF THE HoUSE.

Tracy, Underwood, Valentine, 'Valker of Monroe, walker of Pierce, Warren,

'Vatson, 'Velch, wellborn, 'Vhltley, 'Vilson,

Wise, Womble, 'Vooten, Yates, Mr. Speaker.

Those alJseut were :Messrs.-

Cliatt, Deal, I<Jdwnrds,
I~,tanigan,
J'ussell,

Johnson of Umwford,l'hillips of Jefferson,

1\:endrick,

Hedwine,

Newton,

rrigner,

Overstreet,

"'est,

On motion of J\fr. Franklin of \Vashington, the reading of the Journal of yesterday's proceedings was dispem;ed with.
By unanimous consent :Mr. l\lcHenry of Floyd, was allowed to withdraw House bill No. 67 from Special Judiciary Committee and refer the same to the Committee on General Judiciary.

1\fr. Kelly of Glascock, was given unanimous consent to withdraw House bill No. 11 from Committee on Privileges and Elections, and refer the same to the Special Judiciary Committee.

Unanimous consent was giYen :Mr. Davidson of Greene, to withdraw Honse bill No. 17 from the Special Judiciary Committee and refer the same to the General Judiciary Committee.

:.Mr. Owen, chairman of the Committee on Halls awl Rooms, submitted the following report:

TUESDAY, NOVEMBER 4, 1902.

205

llfr. Sp~aker:

Your Committee on Halls and Rooms have made their examination of the committee rooms, and, through me, as their chairman, beg leave to makes the following assignments, to wit:

The rooms to be occupied by the
General Judiciary Committee ....... Rooms 31 and 32 Appropriations Committee ................. Room 16 Penitentiary Committee ............ Rooms 24 and 25 General and Special Agricultural Committee .. Room 21
ways and J\Ieans Committee ................ Room 17
Special Judiciary Committee ............... Room 33 Railroads Committee ...................... Room 33 State of the Republic Committee ............ Room 33 Internal Improvements Committee ........... Room 33 Committee on Banks ...................... Room 26 Committee on Labor and Labor Statistics ...... Room 26 Committee on Enrollment .................. Ro01h 26 Committee on Journals . . . . . . . . . . . . . . . . . . . . Room 2fl Connnittee on Corporations ................. Room 23 Committee on Privileges mul Elections ....... Room 23 Committee on l\[anufactnres . . . . . . . . . . . . . . . . Room 23 Committee on ::\Iilitary Affairs .............. Room 23 Committee on Georgia School for Deaf ........ Room 23 Cmnmittee on Public Printing . . . . . . . . . . . . . . Room 23 Committee on Immigration ................. Room 2a Committee on Counties mHl County 1\Iatters .... Room 34 Committee on Constitntional Amendments .... Hoom 64 Cmnmi ttt>o on Temperance ................. Hoom 34 Committee on IIygiPlW all(l Sanitation ....... Room 34 Committee on Public Library ................ Room 34

206

jOURNAL OF THE HOUSE.

Committee on Public Property .............. Room 34 Committee on Education ................... Room 19 Committee on University of Georgia ......... Room 19 Committee on Auditing .................... Room 19 Committee' on Roads and Bridges ............ Room 19 Committee on ~fines and Mining . . . . . . . . . . . . Room 19 Committee on Pensions and Invalid Pensions ... Room 22
Committee on W. & A. R. R ................ Room 22
Committee on Blind Asylum ................ Room 22 Committee on Georgia State Sanitarium ...... Room 22 Committee on Privileges of the Floor ......... Room 22 Committee on Wild Lands ................. Room 22 Committee on Excuse of :Members ........... Room 22
Respectfully submitted. E. :M. OwEN, Chairman.

Upon the C'all of the roll of counties for the introduction of new matter, the following bills were introduced, read the first time and appropriately referred, to wit:

By Mr. Glenn of Whitfield-

A bill to provide for and require the payment of taxes on all special franchises, and for other purposes.

Referred to Committee on Corporations. By ~Ir. Hixon of Sumter-

A bill to amend the charter of the city of Americus, and fot other pnrpO'ws.

1trfcrre<l to Cotumittce on Corporation~.

By Mr. CalYin of Hiclnnond-

A bill to amend section 887, Yolume 1 of the Code, rel-
ati\e to tax fi. fas., and for other purposes.

TuESDAY, NOVEMBER 4, 1902.

207

Referred to Committee on Ways and Means.

By :Mr. Ayres of Polk-
A bill to amend the charter of Cedartown, and for other purposes.
Referred to Committee on Corporations.

By Mr. Owen of Pike-
A bill to amend section 882, volume 1 of the Code, relative to State depositorim;, and for other purposes.

Referred to Committee on Banks.

l3y Mr. Davis of Meriwether-
A bill to make appropriation for the support of theState goYernment; to pny the interest on the public debt,. etc., and for other purposes.
Referred to the Committee on Appropriations. By Mr. Kent of Johnson-
A bill to regulate the sale of pistols in this State, awl for other purposes.
Referred to Committee on General Judiciary.
By :Mr. Kent of Johnson-

A bill to amend section 2754 of the Code of 1895, and for other purposes.

Referred to General Judiciary Committee.

208

JOURNAl, OF THE HOUSE.

By lllr. Stanford of Harris-
A bill to amend the charter of the city of Hamilton, and for other purposes.
Heferred to Committee on Corporations.
By ::\fr. Stanford of }hrrisA bill to grant parties litigant the right to appeal to spe-
cial jury in the superior courts, and for other purpo5es.

Referred to General Judiciary Committee.
By ?Ifr. Davidson of Greene-
A bill to amend an Act to create a board of commissioner,; for the conn ty of Greene.

Referred to Committee on Corporations.

By 11fr. Rankin of Gordon (by request)-

A bill to pro,i<le for the examination of the records in the el0rk,;', sheriff::~' awl or<linari0s' offices of this State <lt any time.

HcfmTe<l to General .Tndiciary Committee.

By ::\r. DaYi<lsrm of Greene-
A bill to change and fix the time of hol<linp: the snperior conrt of Greene ('flllllty, ancl for other purposes.
Hderr0<l to Cmnmittee on Cnnntics and County ::\Iatters.

By ::\fr. Rankin of Gordon (l1y request)-

.\. hill to l'<'(]llirc that "hen lal1<1 has been solrl for failnrc to r0tnrn m11l pay taxes thereon, that snit shaa he brought thereon, and for other purposes.

TUESDAY, NOVEMBER 4, 1902.

209

Referred to Special Judiciary Committee.

By :Mr. Slaton of FultonA bill to amend section 3667 of the Code, and for other
purposes. Referred to General ,Judiciary Committee.
By :Mr. Kelly of GlascockA bill to change the time of holding the Glascock supe-
rior court, and for other purposes. Referred to General ,Jndiciary Committee.
By Mr. Blackburn of FultonA bill to amend an Act to provide a new charter for the
town of East Point. Referred to General Judieiary Committee.
By :Mr. \Vise'of Fayette-
A bill to amend section 10D7 of the Criminal Code, and for other purposes.
Referred to Special .Tndici3ry Committee. By Mr. Wise of Fayette-
A bill to pay costs to justices of the peace, constables, ,elc., in felony case~, and for other purposes.
Referred to General Judiciary Committee.
By Mr. Wise of Fayette-A bill to repeal an Act which provides for the payment
,of the insolvent co;;ts of clerk and sheriff of :Fayette county.
Referred to Special .Judiciary Committee.
14 h j

210

JOURNAL OF T;HE HOUSE.

By :Messrs. "1Iayson and Candler of DeKalb-

A bill to create a board of commissioners of roads and revemws for the county of DeKalb.
Referred to Committee on Counties and County 1fattcrs.
By :Messrs. Steed and Hixon of Carroll-
A bill to amend an Act to create a charter for the town of Temple, and for other purposes.
Referred to Committee on Corporations.

Hy l\fr. C:um of Chatham-

A bill to amend an Act to create a prison commission for the State of Georgia, and for other pnrposes.

Referred to Committee on Penitentiary.

:Mr..Felder of Bihb, moYed that the order of business be displaced, and that the House proceed to the election of lJnited States Senator, which motion preYailod.

The Clerk, by the direction of the Speaker, then read seetions 325 and 326 of the Code of Georgia, in which i:< emho<lied the law of the United States for the election of Cnitcd Statc8 Senators.

Hon. J. D. Howard, of the connty of Baldwin, placed in nomination l-Ion. A. S. Clay, of the county of Cobb, which nomination was secondc<l by 2\Iessrs. Mitchell of Tlnmas, Flint of Spalding, \\'atson of 1IcDnffie, I.ane of Sumter, Slaton of Fnlton, and others.

~fr. Glenn of \Vhitfield, placed in nomination Hon. \Valter H .Tohnson, of tho county of l\Inscogee, which nomination was seconded by 1Ir. Rogers of :Mcintosh.

'ruESDAY1 NOVEMBER 4, 1902.

211

There being no other nominations, a ballot viva voce was had and the vote was as follows:

Those voting for Mr. Clay were :Messrs.-

Adams,

Akin,

Alexander,

Alford,

Almond,

Ayres,

Baldwin,

Beall,

Beauchamp,

Bell of Emanuel,

Bell of Milton,

Blackburn,

Booth,

Bowen,

Hoy kin,

Brinson,

Brock,

Brown,

Bruce,

Buchan,

Huchannon,

Burton.

Butts,

Uandler,

Calvin,

Cann,

Uarr,

Carrington,

Carswell,

Cllatt,

Conner,

Cook,

Cromartie,

Crumbly,

Daves,

.~

Davis,

Davison,

Derrick,

Duckett,

Miller of Bullock,

Duggan,

:\Iills,

Dunbar,

Mitcham,

.I!' elder,

Mitchell,

Fields,

Mizell,

Flynt,

Morton,

Franklin,

Moses,

George,

1\Iulherln,

Grenade,

McBride,

Grice,

McUurry,

Grittin,

1\IcEJmurray,

Hardeman,

McHenry,

Hawes,

McLain,

Hayes,

l\JcUae,

Hendry,

Nisbet,

Henry,

Owen,

Hicks,

O'Quinn,

Hixon of Uarroll, Parker,

Hixon of Sumter, Peyton,

Houston,

Phillips or Jelferson,

Howard of Baldwin, Phillips or Quitman,

Howard of Laurens, Preston,

Johnson of Ullnch, Proctor,

Jones of Dougherty, Rainey,

Jones of Pickens, Rankin,

Kelly,

Rawls,

Kendrick,

Reid,

Kent,

Hice,

Knight,

Rlchard!lon,

Knowles,

Ridley,

Lane,

Rogers of Hall,

Lanier,

Rogers of Mcintosh,

Lawrence,

Roper,

Little,

Rountree,

Lowe,

Sandets,

Mann,

Shackelford,

Martin,

Shannon,

Mayson,

Singletary,

212

JOURNAL OF THE HOUSE.

Slaton, tHanford, Steed of Carroll, Steed of 'l'ayJOr, Stewart, Stovall, Strickland, Thompson,

Thurman, Tracy, L"nderwood, Valentine, ""alker of Monroe, ""arren, Watson. Welch,

'Vellborn, Whitley,
'Vise, 'Vomble, 'Vooten, Yates, l\Ir. Speaker.

Those voting for j[r. Johnson were .l\Iessrs.-

Glenn,

Hutcheson,

Those not voting were l\Iessrs.-

Arnold, Bush, Deal, Dozier, Edwards, li:ngllsh, Ennis, Evans, Flanigan, Foster of Oconee, Foster of '!'owns, Fussell,

Gaulden,

0Yerstreet,

Hall,

Pate of Dooly,

Harden,

Pate of Gwinnett,

Holder,

Paulk of Cotree,

Howell,

Paulk of Irwin,

Johnson of Haker, Redwine,

Johnson of Crawrord, Spence,

Kilburn,

Tigner,

.\Iaples,

Walker of Pierce,

l\Iiller of l\Iuscogee, West.

Newton,

'Vilson,

On motion of "J[r. FPlrlPr of Bibb, tlw YPrifiration of the roll-eall "as (]i;;penf'e<l with.
On ronntin~r the vote" cast it was foun<l that 1[r. Cla~ had rcPcinrl 1:17 votes and )[r.Tohnson 2 mtes. 1\fr. Clay having reccive<l a majorit.v of all of the votes cast, the resnlt of the ballot wa;; ordPred to he spread upon the J onrnal by the Speaker.
The following resolution was read and adoptrcl, to wit:
By l\Ir. Hawes of Elbert-
A resolution inviting IIon. A. S. Clay to aduress the

TUESDAY, NOVEMBER ..J, 1902.

213

House and Senate in joint session at 12 :15 o'clock p.m., and that a committee of three be appointed to notify him of the adoption of this resolution.
On motion of M~. Slaton of Fulton,. the House took a recc"'s for :five minute~.

Tlw Honse was again called to order by the Speaker.
The following message was received from the Senate, thro11gh l\Ir. Xorthen, the Secretary thereof:

Mr. Speaker:
The Senate has concurred in the following joint resolution of the House, to wit:

A resolution that the General Assembly attend State Fair at Valdosta on November Gth, and that N ovembcr lith be deelared dies non.
The following mc,sage was received from the Senate throngh ::'11 r. ~ orthen, the Secretary thereof:

Mr. Speaker:
Tlw Senate has concurred in the following joint resolution of tho Honse as amended, to wit:
.\ resolution to invite Rev. Wallace Buttrick, D.D., to address tho General Assembly at 12:15 o'clock, on N ovembor 1-, 1902.
On Jllotion of ~fr. :Felder of Bibb, the following joint resolution was taken up and the Senate amendment concurred in, to wit :

214

JOURNAL OF THE HOUSE.

By .Mr. FielJs of Dooly-
A resolution to imite the Rev. \Yallace Buttrick to address the General A~sembly in joint session at 12 :lei o'cl0ck, ?\ owmbcr 4, 1D02.
The Senate propose<l to allle]l(l by elpmging the hour frorn 12:15 o'clock to 12 o'clock, which was adopte<l on motion of ~I r. Felder of Bibb.
On motion of :\lr. Grice of Pulaski, the Hom;e took a reeess nHtil 11 :55 o'clock a.m.
'I'hc hom of 11 :il5 o'clock having arrivell, the Honse was again called to orller by tho Speaker.

The Senate thPil appcareJ upon the floor of tho House an<l the joint ses,;icm coHveued for the purpose of hearing the a<l<lreo~o~ of He,. \Yallace Buttrick, D. D., was called to ordpr by the Holl. Clark Howell, Presi<leHt of the SeuatP.
The Sleeet:11',\' thcll rea<l the joiut resolution convening the Geiier;d .:\ssemb!y in joint session.
OIL lliotion of :\lr. Fields of Dool:, a enmlllittee of three, consif'ting of :\fps,;rs. Fi<'lds of nooly, Slmall of Chatham, nn<l Senator Lc<lfo]'(l of the 40th <listrid, were appointed to c>s<~nrt the TI<v. Dr. Hnttrick to the Spc>aker's Rhmll.
,\ftrl' an ahlP and p]oqnf'nt a<ldrps,.; h~ lh-. Hnttrick, the joint sp,:;siml was, on nwtion of ).f r. Grief' of Pl]la;;ki, dissnlvf'd, and the Se11atP rf'tiring, tho Honse was again called to or1lcr by the S[)('Hkf'r.

Ltmc of a1Jsenc<' wa;; pyantP<l 1fcssr,:;. Honutree of Thoma,;, Uttlc of Ilml<'ock, ":\leLain of Cobb.

Ou motion nf ::\fr. Grice of Pnlaski, the llonse then adjourned until 10 o'clock to-morrow moming.

WEDNESDAY, NOVEMBER 5, 1902.

215

Atlanta, Georgia, \Yednesday, N member 5, 1D02.

The Honse met pmsnant to adjournment at 10 o'clock :a.m. this day; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called a11d the following members answered to their names:

Adams, Akin, Alexander, Alford, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell of l!.Jmanuei, Bell of Milton, Blackburn, Booth, Bowen, Boy kin, Brinson, B1ock, Brown, Bruce, Buchan, Buchannon, Burton, Bush, Butts, 'Calvin, 'Candler,

Cann, Carr, Carrington, Carswell, <.matt, Conner, Cook, Cromartie, Crumt)!y, Daves, Davis, Davison, Derrick, Dozier, Duckett, Duggan, Dunbar, Edwards, English, l<lnnis, Evans, Felder, I<'ields, l<'lanigan, Flynt, l<'oster of Oconee, Poster of '!'owns,

Franklin, Fussell, George, Glenn, Grenade, Grice, Griffin, Hall, Hardeman, Harden, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of Carroll, Hixon of :Sumter, Holder, Houston, Howard of Baldwin, Howard of Lamens, Howell, Hutcheson, .Tohnson of Baler, .Tohnson of Clinch, .Tohnson of Crawrord, .Tones of Dougherty,

216

JOURNAL OF THE HOUSE.

Jones of l'ickens, Kelly, l<endrick, Kent, Kilburn, Knight, I<nowles, Lane, Lanier, Lawrence, Little, Lowe, :Manu, 1\Iaples,
~Iartin,
:\Iayson, Miller of Hulloek, :\I iller of l\1uscogee, :\!ills, :\Iitcham, :Mitchell, :\IIzell, l\Iortou, l\Ioses,
~Iulllerln,
l\IcBrlde, :\IcCurry,

l\IcElmurray,

Sanders,

.\lcHenry,

Shackelford,

~IcLain,

Shannon,

:\!cHae,

Singletary,

Nisbet,

Slaton,

Owen,

Spence,

0 n~rstreet,

Steed of Carroll,

0'(1uinn,

Steed of Taylor,

l'arker,

Stewart,

Pate of Gwinnett, Stovall,

Paull' of lrwin,

Strickland,

I 'eyton,

Thompson,

l'llillips of Jeft'erson, Tracy,

Phillips of Quitman, Underwood,

!'reston,

Valentine,

Proctor,

"'alket of Monroe,

Hainey,

\Yalker of Pierce.

Hankin,

\Yarren,

Hawls,

\Yatson,

Heid.

\Yelch,

Hice,

\Yell born,

Hichardson,

Whitley,

Hidley,

\Vilson,

Hogers of Hall,

\Vise,

Rogers of l\Iclntosll, \Yomble,

Hoper,

Yates.

~Ir. Speaker.

Hountree,

Thoge absent were :Uessrs.--

Deal, Gaulden, Newton, Pate of Dooly,

Paulk of Colfee, Hell wine, Stanford, Thurman,

Tigner, \Vest. \Yooten,

The .Tmunnl of yesterday's proceedings was read an<i confirmed.

The followint?; resolntion was read, to "it:

By :l\fr. Kelly of Glascock-

A resolution proYiding that when the House adjourn to-

WEDNESDAY, NOVEMBER 5, 1902.

217.

day it stand adjourned until :Monday morning, and that the intervening days, Thursday, Friday and Saturday, be declared dies non.

The resolution was lost.

By unanimous consent the following bill was withdrawn from the Committee on Appropriations, read the secomi time and re-referred, to wit:

By ~\Ir. navis of ~fcriwetlwr-

A hill to make appropriation for the ordinary expenses of the executive, legislative and judicial departments of the State govcmment, an<l for other purposes.
Mr. Houston of Fulton, moved that House bill No. 37 Le withdrawn from the Committee on Labor and Lab01 Statistics and referrctl to the Committee on Education, which motion prevailed.
:l\'fr. Houston then arose in his scat and stated that he wished to resign his position as chairman of the Committee on Labor and Labor Statistics, and declined to further serve on that committee. The Speaker accepted his resignation an<l appointed as chairman of said committee Mr. Kilburn of Bibb, who was vice-chairman. 1\fr. Kilburn also dcdincd to se1Te as chairman, and asked to be relimect from service on the committee, which request was granted. The Speaker then appointed as chairman :Mr. Miller of :ilfuscogce, and }lr. :Jiulherin of Richmond was appointed vice-chairman. The Speaker appointed :Messrs. Houston and Kilbmn members of the Committee on :Mines and :1lining.
}fr. Shannon, chairman of Committee on Counties and County Matters, submitted the following report:

218

jOURNAL OF THE HOUSE.

Jlr. Speake1':

The Committee ou Connties and County :Matters have had mHler consideration the followiug bills of the House, and recmnmeml that f'ame do pass:

l:y Mr. Felder of Bibb-
~\ bill to antlwrizc the eommissimwr,; of roaclR aiH\ revennes of Hihh comtty to conttilmte towards maintenance, etc., of hoRpital operatc>d by ::\lacon Hospital Aso;ociation.
Dy 1\1 pssr,;. \Ynlkc>r mHl SltamiOII of ~[omoe--

A hill to reprnl "\ct creating a hoard of commissioners of r0!1dil llJI(] reH'llllCS.
By ~!1. Kent of .folmson-

.\ hill to erPatP a lHmrd of contmissioncrs of roa<ls and l'('\'CllliCS of .Tohnsou cmmt~, c>tc.
HP,.;poctfully snhmittml.
T:'10. n. Sir.\XXON, Chairman.

::\fr. Hcirl, cltnil'!uau of the Committee on \Vays and ::\[can,;, ,:nhiuittc<l the> followiug rPport:

Yonr Connnit1Pe on \Ynys :tJl(l l\fcam; have had nnder consideration Honse hill "Xo. 140, !JPing "An Act to amend section ~Fi7, \'Ollllllf' 1 of the Code of lf\!);)," which section
provi<ks that tax fi. fas. shall lwar iuterest, hy striking
from the fifth line of sai<l section the word "seven," and snbstitnting in lien thereof tlw word "four," and for other

WEDNESDAY, NOVEMBER 5, 1902.

219

purpor-;e;;. They instruct me, as their chairman, to report the same back with the recommendation that it do not pass.
C. S. REm, Chairman.

::\lr. Akin, chairman of the Committee on Conr-;titutional Amemlturnts~ ~mbmitto<l the following report:

lllr. Sz;eal.:er:
Thr Committee 011 Constitutional Amendments haYo had ltn<1er consi(lrration tho following bill of tho House, and rocoutmeJHl that same do pasR as amended:

I:ly Mr. Candler of DeKalb-
A hill to amend paragraph 2, section 2 of tho Constitution of tlw Stntr, ::md for other purposes.
RPspectfnll~ submitted. Tom; \V. AKIX, Chairman.
lTpon the call of tlw roll of counties for tho introduction <>f new matter, thr following- hills wore introduced, read tho first time a]l(l appropriately ruforred, to wit:

J~y ~Ir. :Felder of Bibb-
A bill to ]H'oYi(le for the (lissolntion of corporations by tlw snperior eonrts in eertain instances on petition of stockholdrrs, an<l for otlwr purposes.

Hcfrrrocl to General .Jwliciary Committee. By :Jfr. Rri<l of Campbell-

A bill to levy aJHl collect a tax for the support of the State gmorJJmont, aJl(l for other purposes.

220

JOURNAL OF THE HOUSE.

Referred to Committee on \Vays and :Means. I3y ~Iessrs. :Mayson and Candler of DeKalb-

A bill to incorporate Diamond school district1 m the
. cou.nty of DeKalb.
Re:forrcd to Colllmittco on Education.
By ~Ir. Cliatt of Columbia-
A bill to create a board of commissioners of roads aml rcvenncs for the conuty of Columbia.
Referro<l to Committee on Counties aml County :Matters.

By Mr. Fields of Dooly-
A resolution to pny tho pension due :\feD. }'elder to his widow.
RefoTe<l to Comm ittoc on Pensions.

By :Mr. Wilson of Clay-

A bill to make certain porsom; incompetent as witnesses in tho conrts of Georgia, and for other pnrposes.

RdmTe<l to Gonoml .Twliciary Committee.
By ::\fr. Slaton of Fulton-
A bill to ameJHl ~cetion G70 of the Penal Code, which proYi<le;; pnni"lnneut for cheating, etc., and for other purposes.
Hoferretl to General Ju<liciary Committee.

WEDNESDAY, NOVEMBER 5, 1902.

221

By Mr. Butts of GlynnA hill to amo.Hl section 587 of the Penal Code, and for
other purpose'S.
Refcrrctl to Special Judiciary Committee. By Mr. Butts of Glynn-
A bill to ::tiiiCllll seetiou 573 of the Penal Code, and for other purposes.
Referred to Special .Twliciary Committee.

By Messrs. Butts of Glc11n and Proctor of Camden-
A bill to regulate and control the taking of fish and oyRten; in the waters of this State.
Referred to Special J1Hliciary Committee.

By l\[r. Stanford of HarrisA bill to establish a diRpensary in the city of Hamilton,
.and for other purposes. RC'ferrctl to Committee on Temperance.
By Mr. Rankin of Gordon-

A l1ill to aid in the support of indigent orphans in the orphans' homes of Georgia.
Referred to Committee on Appropriations.
By l\Ir. Kent of J olmson-

A bill to establish a dispensary in the city of Wrightsville.

222

JoURNAL OF THE HOUSE.

Referrctl to Committee on Counties and County :Matters.

By l\Ir. Grice of Pulaski-

A bill to provide that usury shall not void a deed made to secure a debt, and for other purposes.

Hcfet-red to General Judiciary Committee.
By Mr. Calvin of Hichmond-
A bill to amend an Act to incOl'])Orate the village of Harrisonville, and for other purposes.
Heferrcd to Committee on Counties and County ~[attets.
By :Jir. Kendrick of Taliafer1o-
A bill to authorize the holding of justice courts at more than one place in certain militia districts, and for other purposes.

Referred to General Judiciary Committee.

By :Mr. Glenn of Whitfield-

A bill to make the charging of more than 25 per cent. !t mis<lemeanor, and for other purposes.
Referred to General .Judiciary Committee.

By }fr. Thnrman of Walker-
A bill to amend an Act in reference to the road laws of Georgia, providing for the payment of a commutation tax, and for other pnrposes.

Referred to Special .Judiciary Committee.

WEDNESDAY, NOVEMBER 5, 1902.

223

By :Mr. Carswell of Wilkinson-
A bill to create a board of commissioners; to make a roster of Georgia soldiers, sailors and marines, and for other purposes.
Referred to Committee on Pensions.

By :Mr. Preston of Jasper-
A resolution to pay ::\Irs. :Martha L. Hattaway a pension of $60.00.

Referred to Committee on Appropriations.

By Mr. Carswell of Wilkinson-
A bill to provide for the appointment of official pension examiners for the State, and for other purposes.

Referred to C()mmittee on Pensions.

By :Messrs. Slaton, Houston and Blackburn of Fulton-

A bill to m!!ke an appropriation to the trnstees of the State University for the use of the State Technological School, and for other purposes.

Referred to Committee on Appropriations.

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

By ::\fr. Candler of DeKalb-

A bill to amend pantgraph 2, section 11, article 7 of the Constitution, and for other purposes.

By Mr. Sanders of Heard-

A bill to amend section 982 of the Code, and for other pmposes.

:224

JOURNAL OF THE HOUSE.

The above bill was read the second time and recommitterl.

By :Jh. Folder of Bibb-

A bill to nnthorizc the connnissionors of roads a11d revennes of Uil'b connty to contribnte to the support of certain ho,;pitak
Dy 1\Iessrs. ~~'alkcr and Shmmon of :Monroe-

A bill to 1\.~al an Act to create a board of commissioners of roa<h and ren'mlcs for ::\fonroe county.

By ~fr. Kent of .Johnson-

_\_ bill to create a hoar<! of commissioners of roads and rPYell11PS for .Tolmson connty.

The following resolution was rend a11<l adopted, to wit: By ~fr. Franklin of "'ashington-

A rPsolntion inYitinp: )[iss :Jiil(lre<l Rntherford, of A tlteJJs, to address the General A>'semhly.

On motion of "Jf 1'. Fehler of Bibb, the Honse took a recess nntil 11 :;)[) o'dock.

Tho Honse was again called to order by the Speaker.

The following messap:e was recei,e<l from the Senate throngh ~fr. X orthen, the Sl'cretar.' thereof:

1li1'. Speaker:

The Senate hn~ adopted the following joint resolution, in which tl1e concnrrcnce of the House is asked, to wit:

WEDNESDAY, NOVEMBER 5, 1902.

225

A resolution inviting Hon. James Wilson; Secretary of Agriculture, and Dr. H. W. Wiley, Chief of Bureau o Chemistry, in the Department of Agriculture, to address the General Assembly.

The hour of 12 o'clock having arrived, the Senate appeared upon the floor of the House, and the joint session convened for the double purpose of consolidating the vote of the Senate and House for the election of United States Senator, and of hearing the address of Hon. A. S. Clay, was called to order by lion. Clark Howell, President of the Senate.

By direction of the President, the Secretary of the Senate then read the proceedings of the Senate from Tuesday's Senate Journal, appertaining to the election of United States Senator, and the Clerk of the House read the proceedings from the House .Journal of Tuesday's session iP regard to the same question.

The Journals of the House and Senate having shown that the Hon. .A. S. Clay received a majority of all of the votes cast, he was declared by the President of the Senate, duly elected United States Senator from the State of Georgia, for the ensuing term of six years.

On motion of :Mr. Davis of the 17th district, a commit tee of three were appointed to escort Senator Clay to the Speaker's stand, and the President appointed as .,;aid committee Senatcr Davis, !fr. Hawes, :Mr. Steed of Taylor.

After an able and eloquent address by Senator Clay, ou motion of ~fr. Davis of the 17th district, the joint session was dissolved, and the Senate retiring, the House was again called to order hy the Speaker.
15 h j

226

JOURNAL OF THE HOUSE.

I.-eave of absence was granted to :Messrs. Steed of Taylor, Womble, Field8 of Dooly, Richardson, Hicks, Shannon, Hendry, Paulk of Irwin, Paulk of Coffee, Jones of Pickens, Butts, StoYall, Quinn, Lane of Sumter, Alexander, Grice, Duggan, Bowen, Phillips of Quitman, Phillips of Jc:fferson, Clia tt, wooten, Parker, Henry.

On motion of ~Ir. Mitchell of Thomas, the House adjourned until Frirlay morning at 10 o'clock.

Atlanta, Georgia,

Friday, November 7, 1!)0~.

The ::rouse met pnrswmt to atljonrmnent at 10 o'clock a.m. tl1is day; was called to order by the Speaker awl opene<l with prnycr by the Chaplain.

Tho roll was called aml the following members ansmrc<l to their names:

Adams, Akin, Alexander, Alford, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp,

Hell of .!!]manuel, Bell of Milton, Blackburn, Booth, Bowen, Boy kin, Brinsou, Brock, Brown. Bruce,

Buchan, Buchannon, Burton, Bush, Butts, Candler, Cann, Carr, Carrington, Carswell,

FRIDAY1 NOVEMBER 7, 1902.

227

Cook,

Howell,

l'roctot,

Cromartie,

Hutcheson,

Rainey,

Uruml>ly,

Johnson or Ullnch, Rankin,

Den!,

Johnson or Urawford,Hawls,

Daves,

Jones of Dougherty, Hedwtne,

Davis,

Kelly,

Reid,

Davison,

K3ndrid,,

'Rice,

Deal,

Kent,

Uidley,

Derrick,

Kill> u r n ,

Rogers of Hall,

Dozier,

Knight,

Rogers of ::llclntosh,

Duckett,

Knowles,

Hoper,

Duggan,

Lnne,

Rountree,

Dunbar,

Lanier,

Sanders,

English,

Lawrence,

Shackelford,

Ennis,

Little,

Shannon,

Evans,

Lowe,

Singletary,

Feldet,

::llann,

Slaton,

Fields,

1\Iaples,

Spence,

Flanigan,

l\Iartiu,

Stanford,

Flynt,

1\Iayson,

Steed of Carroll,

Foster of Oconee, 1\Iiller of Bullock, Steed of Taylor,

Franklin, Fussell,

::lliller of :IIuscogee, Stewart,

:IIi lis,

Stovall,

Gaulden,

::lfitcham,

(-";eorge,

::IIitchell,

Hlcnn,

::llizell,

Grenade,

!\Ioses,

Grice,

::IIulherin,

Urittin,

::lfeBride,

Hall,

::IIcUurry,

Hardeman,

::llcElmurray,

Harden,

::lfrllenry,

Hawes,

::lfcLain,

Hayes,

Newton,

Henry,

Nisbet,

Hicks,

Owen,

Hixon of Carroll, Overstreet,

Hixon of Sumter, O'Qulnn,

Holder,

Pate of Uwinnett,

Houston,

Peyton, .

Howard of Baldwin, Preston,

Strickland,

Thomp~on,

Thurman,

Tracy,

,.,,.

Underwood,

Ya Ientine,

Walker of Monroe,

"'alker of l'ierce,

\Yarren,

\Yatson,

-nel!horn,

West,

Whitle~.

Wilson,

Wise,

Womble,

Yates.

1\Ir. Speaker.

Howard of Laurens,

228

JOURNAL OF THE HOUSE.

Those absent were Messrs.-

Calvin, Cllatt, Conner, Edwards, I<'oster of Towns, Hendry, .Johnson or Haker,

Jones of Pickens, 1\Iorton, 1\If'l{ae, Parker, Pate of Dooly, Paulk or Coffee, Paulk or Irwin,

Phillips or Jefferson, Phillips of Quitman,
Richardson, Tigner, Welch, 'Vooten,

On motion of ~fr. Kelly of Glascock, the reading of the Journal of Thursday's proceedings was dispensed with.

Mr. Akin of Bartow, asked the unanimous consent of the Honse that House bill No. 8 be made the special order for Tuesday immediately after the confirmation of the Journal.

Mr. Hall of Bibb objected.

The following resolution was read and referred to Committee on Rules, to wit:

By Mr. Akin of Bartow-
Resolved by the Honse, That Honse bill No. 8 be made the special order for Tuesday immediately after the confirmation of the ;Journal.

The following resolution was read and unanimously adopted, to wit:

By Mr. Kelly of Glascock-

A resolution extending the thanks of the General As-

Rembly to President Jno. M. Egan, of the C. of Ga. Ry.

Co., Yice-Presidcnt Wm. Cheekley Shaw of the GeorO'ia



b

Southern & Florida R. R., Col. Albert IIowe11, ,Tr., for

FRIDAY, NOVEMBER i, 1902.

2~9

complimentary Pullman sleepers, and the Elks Club, and citizens of the city of Valdosta, for courtesies extended the General Assembly.

The roll of counties was called and the following bill was introduced, read the first time and referred to the Committee on Temperance, to wit:

By Mr. Bush of Miller-

A bill to establish and maintain a dispensary in the town of Colquitt, and for other purposes.

On motion of Mr. Hall of Bibb, 200 copies of Ho~se bill No. 8 were ordered printed for the use of the House.

On motion of Mr. Akin of Bartow, House bill No. 8, which is a bill to amend paragraph 2, section 11, article 7 of the Constitution, was tabled.

The following bills were rend the third time and put upon their passage, to wit:

By Mr. Felder of Bibb-

A bill to authorize the commissioners of roads and revenues of Bibb county to contribute to the support of the Macon Hospital Association, and for other purposes.

Mr. Felder proposed to amend by striking "$2,500," wherever it occurs in the bill, and insert in lieu thereof "$1,200," which was adopted.

The report of the committee was then agreed to as amended.

230

JOURNAL OF THE HOUSE.

On passage of the bill the ayes were 102, nays 0.

The bill having received the requisite constitutional majority was passed as amended.

By :Messrs. Walker and Shannon of Monroe-

A bill to repeal an Act to create a board of commissioner;;; of roads and public buildings for the county of Monroe, and for other purposes.

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

On pa;;;sage of the bill the ayes were 101, nays 0.

The bill having received the requisite constitutional mnjority was passed.

B~ Mr. Kent of Johnson-

A bill to create a board of commissioners of roads and rcyenucs for the county of Johnson, and for other purposes.

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

On passage of the bill the ayes were 102, nays 0.
The bill having received the requisite ~onstitutional majority was passed.

The following joint resolution of tho Senate was read and concurred in, to wit:

By ~[r. Perry of the 33d district-

A resolution inviting l-Ion. James "Wilson, Secretary of Agriculture, and Dr. H. W. Wiley, Chief of Bureau of

FRIDAY, NOVEMBE~ 7, 1902.

231

Chemistry, in the Department of Agriculture, to address the General .Assembly.

The following resolution was read and adopted, to wit:

By J\Ir. Booth of Walton-

A resolution thanking l-Ion. J. :l\I. Slaton and his wife for the hospitality tendered the General Assembly at the barbecue on the afternoon of November 5th.

The Speaker announced the following Committee on :Finance: :Messrs. Hayes and :Mulherin.

By unanimous consent the following bills were read the rst time and appropriately referred, to wit:

By )lr. Hall of Bibb-

A bill to repeal section 5331 of the Code and restore the right of trial by jury, and for other purposes.

Referred to General.Tudiciary Committee.

By )lr. Hall of Bibb-

A bill to amend section 4334: of the Code, and for other purposes.

Referred to General Judiciary Committee.

By )Ir. Hall of Bibb-

A bill to provide for the assessment of the property of corporations which are required to make returns to the Comptroller-General, and for other purposes.
Engrossed.

232

JOURNAL OF THE HOUSE.

By Mr. Hall of Bibb-

A bill to repeal sections 807 and 808 of the Code, and for other purposes.

Referred to General Judiciary Committee.

By Mr. Rainey of Terrell-

A bill to amend the charter of the town of Bronwood, and for other purposes.

Referred to Special Judiciary Committee.

By 1\Ir. Buchannon of Early-

A bill to amend an Act to incorporate the town of Blakeley, and for other purposes.

Referred to Committee on Corporations.

By 1\Ir. Knight of Berrien-

A bill to incorporate the city of Tifton, and for other purposes.
Referred to Committee on Corporations.

By Mr. Knight of Berrien-

A bill to establish the district court of the city of Tifton, and for other purposes.

Referred to General Judiciary Committee.

By Mr. Underwood of White-
A resolution authorizing the Governor to purchase a certain number of copies of the Georgia Justice, and for other purposes.

FRIDAY, NOVEMBER 7, 1902.

233.

Referred to Special Judiciary Committee.

By Messrs. Johnson of Clinch and Singletary of Thomas-

A bill to regulate the carrying of pistols, brass knucks,. and for other purposes.

Referred to General Judiciary Committee.
Leave of absence was granted Messrs. Brown of Houston,. Overstreet, \Valker of Monroe, Howard of Baldwin, Kendrick of Taliaferro, Kelly, Steed of Carroll, Howell of l\feriwether, Alford, Harden of Chatham.

l\'fr ,Kelly of Glascock moved that the House adjourn.

Mr. Harden of Chatham moved as a substitute that the House adjourn until Monday morning, which motion wa& lost.

Mr. Kelly's motion was then put to the House and carried, and the Speaker announced the House adjourned untillO o'clock to-morrow morning.

234

jOURNAL UF THE HOUSE.

Atlanta, Georgia,

Saturday, November 8, 1902.

The House met pursuant to adjournment at 10 o'clock .a.m. this day; was called to order by the Spe,1ker and opened with prayer by the Chaplain.

The roll was called and the following members answered to their names :

Adams, Akin, Alford, Almond, Baldwin, Beauchamp, Hell of Emanuel, Bell of Milton, Blackburn, Hower, Boyklu, Brinson, Brocl>, Bruce, Buchan, Buchannon, Burton, Bush, Butts, Calvin, Candler, Carr, Carrington, Carswell, Cliatt, Conner,

Cook, Cromartie, Crumbly, Daves, Davls, Davison, Deal, Dozier, Duckett, Duggan, Edwards, l<]nglish,
I~~nnis,
!<'elder, lqanigan, Flynt, l'oster of Oconee, Franklin, I'ussell, Uaulden, George, Glenn, Grenade, Grice, Grittin, Hall,

Hawes, Hayes, Hicks, Hixon of Carroll, Hixon of :Sumter. Holdet, Houston, Howard of Haldwm, Howard of Laurens, Hutcheson, .Tohnson of Clinch, Jones of Dougherty, Kent, Kilburn, Knight, Knowles, Lanier, Lawtence, Lowe, Mann, Maples, Martin, 1\Iayson, Mlller of Bullock, 1\Iiller of Muscogee, Mills,



SATURDAY, NOVEMBER 8, 1902.

235

Mitcham, Mitchell, Mizell, Moses, Mulherin, McBride, McCurry, l\IcEimurray, McHemy, :\l[cLain, Newton, Nisbet, Owen, Overstreet, Peyton, Preston, Proctor,

Rainey,

Stanford,

Rankin,

Steed of 'l'aylor,

Rawls,

SteWdl't,

Redwine,

Stovall,

Reid,

Strickland,

Rice,

Thompson,

Ridley,

Thurman,

Rogers of Hall,

'l'racy,

Rogers of Mcintosh, Underwood,

Roper,

Walker of Pierce,

Rountree,

Warren,

Sanders,

'Vellborn,

Shackelford, Shannon,

Wilson, Wise,

Singletary, jO:laton, Spence,

'Vomble, Yates, 1\Ir. Speaker.

Those ahflent were 1\fessrs.-

Alexander, Arnold, Ayres, Beall, Booth, Bowen, Brown, Cann, Derrick, Dunbar, Evans,
I~ields,
Foster or 'l'owns, Hardeman, Harden,

Hendry,

Pate of Gwlnnett,

Hemy,

Paulk of Cot'l'ee,

Howell,

Paulk of Irwin,

Johnson of Baker, Phillips of Jet'l'erson,

Johnson of Crawford, Phillips of Quitman,

.Tones of PickenF, Richardson,

l(elly,

Steed of Carroll,

Kendrick,

Tigner,

Lane,

Valentine,

Little,

Walker of Monroe,

Morton,

Watson,

McHae,

Welch,

O'Quinn,

Wes't,

Parker,

Whitley,

Pate of Dooly,

Wooten,

On motion of :Mr. Franklin of Washington, the reading of the .Journal was dispensed with.
Ilon. Byron BmYcr; member-elect from the cvnnty of Decatur, came forward and was sworn in as a member of the House of RcpresentatiYes. The oath of office was ad-

236

jOURNAl. OF THE HOUSE.

ministered by Hon. Jno. S. Candler, Associate Justice of the Supreme Court.

On motion of Mr. Hall of Bibb, 200 copies of House bill ~o. 100, and 300 copies of House bill No. 186, were ordered printed for the use of the House.

Mr. Knight of Berrien, was granted unanimous consent to withdraw House resolution No. 23.

The following message was received from the Senate through Mr. N orthen, the Secretary thereof:

1lfr. .Speaker:
The Senate has passed by tl10 requisite constitutional majority the following bill of the Senate, to wit:
A bill to cede to the United States certain lands in Walker and Catoosa counties for park purposes.
:Mr. Slaton, chairman of the General Judiciary Committee, submited the following report:

111r. S peal.:er:
Your Committee on General Judiciary have had vnder consideration the following bills of the House, which I am instructed to report back to the House with the recommendation that the same do pass, to wit:
A bill to establish the city court of 1\fcRae, in and for the county of Telfair, and for other purposes.

A bill to amend Act incorporating the city of Rome, and to amend Act repealing the charter of South Rome, and for other purposes.

SATURDAY, NOVEMBER 8, 1902.

237

A bill to change the time of holding the fall term of the superior court of :Mcintosh county, in the Atlantic Circuit, and for other purposes.

A bill to amend section 2145 of the Code of 1895, so as to better fix the venue of suits against insurance companies.

A bill to amend section 151 of volume 3 of the Code of 1895, by adding at the end of said section the following words, to wit: "Or the sudden snatching, taking, or carrying away any money, goods, chattels, or anything of value from the owner or person in possession or control thereof," and for other purposes.

A bill to repeal the Act approved December 20, 1892, creating the office of special agent of tho W. & A. Railroad, and for other purposes.

Also, the following bill, with the recommendation that it pass as amended, to wit:

A bill to prohibit any railroad, express, telegraph or telephone companies doing business in this State sending to any public officer in this State any gift or grant of any character whatsoever, and for other purposes.

Also, the follo,ving bills with the recommendation that they do pass by substitute, to wit:

A bill to amend section 739 of the Code of Georgia, relative to tho competency of aldermen and councilmen to hold other municipal office during the term for which tlle;y. were chosen.

A bill to amend the charter of tho city of Atlanta, and for other purposes.

238

JOURNAL OF THE HOUSE.

Also, the following bill, with the recommendation that it do not pass, to wit:

A bill to provide for the payment to the officers of the superior court, including justices of the peace and constables, who render services in such cases, their costs in all felony cases tried therein out of the hire of such convicts, and or other purposes.
Respcctfuily submitted.
J onN ~I. Su.Tox, Chairman.

).Ir. Flyut, chairman of the Special J udicinry Committeo, submitted the following report:

111r. Sp0al.:er:

The Special ,Tudiciary Committee haYe hall under cOr! sideration the following Lills, which they instruct me, as their chairman, to report back to the House with the recommemlation that they do pass, to wit:

A bill to amend the charter of the town of DronwooLl. .\ bill to repeal an Act to pay certain in~olwnt costs to tlw clerk aml sheriff of Fayette county. ~\bill to ameml an .Act to incorporate the town of Sasser. \bill to incorporate the Tennille school distric-t. \ bill to establish a county court for \Yilkes county. ~\ bi1l to amend the charter of the city of Dawson. A bill to abolish the county court of Screwn county.

SATURDAY, NovEMBER 8, 1902.

239

A bill to provide compensation for sheriffs and bailiffs of superior courts in certain counties.

Respectfully submitted.

J. J. FLYNT, Chairman.

::\Ir. :Mitcham, vice-chairman Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:

The Committee on Counties and County llfatters have had under consideration the following House bills, and recommend that the same do pass:

By :Mr. :Fussell of Chattahoochee-
A bill to ameJHl section G10 of volnmc 1, C'o!le 1R!I:J; to provide for equitable proportion of expense to fall on each of counties connected by bridge crossing cmmt,v line, and for other purposes, approved December 17, 1!)01.

Ry :Messrs. Shmmon and vValker of :Monroe-
A bill to }H'ovi<le for a board of connnissionPl'R of roatl;; am! revenues for the county of ~fonroe; to provide for their election, and for other purposes.

By llh. Kent of Johnson-

.\. bill to provide for the establishment nll!l maintenance of a dispensary in the city of \Vrightsville nnd town of Kite, .Johnson county, Ge01gin, for the sale of spirituous, vinous, malt and otlwr intoxicating liquors, after submitting the question to tho qualfied voters of J olmson county; to prescribe rules, regulations for said dispensaries, and for other purposes.
A. B. MrTCHA~r, Vice-Chairman.

:240

JOURNAL OF THE HOUSE.

:Mr. Davis, chairman of the Committee on Appropriations, submitted the following report:

.Jfr. Spealccr:
The Committee on Appropriations have had under consideration the following bill of the House, and recommend that tho same do not pass:

By l\Ir. Carswell of Wilkinson-
A bill to refund a part of specific taxes to E. J. McGehee, and f0r other purposes.
Hcspectfu1ly submitted. 0. L. DAvrs, Chairman.

.Mr. Hawes, chairman of the O,ommittee on Pensiom, submitted the following report :

Mr. Speaker:
The Committee on Pensions have had under consideration the following bill of the House and instruct me, as their chairman, to report the same back with the recommendation that it do pass:
A bill to create board of commissioners; to make roster of soldiers and sailors.
Respectfully mbmitted. P. C. liAWESJ Chairman.

:Nir. :Morris, chairman ex officio of the Committee on Hules, submitted the following report:

SATURDAY, NOVEMBER 8, 1902.

241

Mr. Speaker:
Your Committee on Hules have had under consideration HousE: resolution No. 42, making House bill No. 8 the special order for next Tuesday, November 11th, immediately after confirmation of the .Journal, and recommend that the same do pass.
N. A. 1\:foums, Chairman.

By :Mr. Akin of Bartow-

Resolved, That Honse bill No. S be made the special order immediately after confirmation of the Journal, for Tuesday morning, November 11th.

On motion of :Mr. Akin of Barto\v, the foregoing report of the Committee on Rules was adopted.
The Speaker appointed 1\[r. Bower as a member of the following committees: Appropriations, General Judiciary, Hailroa(ls, Penitentiary, Education, \Y. & A. R. R.
I
By unanimous consent the following bills were introdueed, read the first time and appropriately referred, to wit:

By 1\fr. George of 1\Iorgan-
A hill to make it a misdemeanor for a person seeking employment from another, or to rent lands from another, etc., to make false statements, and for other purposes.

Referred to Committee on General Agriculture.

By J.\fr. Sinton of Fulton-
A bill to amend an Act providing for the insurance of pul,lic buildings and library, and for other purposes.
- 16 hj ---

242

JOURNAL OF THE HOUSE.

RefctTed to Committee on Appropriations. By :Mr. Slaton of Fulton-

A bill to amend the Constitution of the State of Geor gia, so as to provide for a court of appeals, and for other purposes.
Hefcned to Committee on Constitutional Amendments.

By J\fr. Slaton of Fulton-
A bill to amend section 5113 of the Code, so as to allo" executions to be amended by the clerk of the court from which the same are issued, and for other purposes.
Referred to General Judiciary Committee.
By :Mr. J:<'l~rnt of Spalding-

A hill to amend an Act to provide for the employment of iru:;pectors of roads and bridges for certain counties, and for othH purposes.
Referred to General Judiciary' Committee.

By :Mr. Davis of ).[criwether-

A bill to appropriate $1,000; to provide additional files for the Supreme Conrt, and for other purposes.
Referred to Committee on Appropriations.

The fn11owin~ mcs;;n~c wns reccivc<l ftnm his Excellency, the GoYct'''IJJ', tL I"Ongh his Secretary, ~fr. Hitch, to wit:

J/1'. Speak(w:

I all! <litcdt>d by his Excellency, the GoYernor, to deli 'I(T 1o the Iloas<) of Representatives a communication in weit-
l!l~.

SATURDAY, NOVEMBER 8, 1902.

243

011 motion c{ Mr. Ueid of Campbell, the Governor's message was taken up and read.

MESSAGE.
'1 o the General Assembly of Georgia:
The body of our laws represents to an unusual degree the matu:-ed wish of the people of Georgia, and, in entering upon the discharge of your legislative duties, you are not confronted with demands for many or radical changes. Annual sessions of the Legislature have made it easy to .enact new statutes as well as to amend or repeal old ones, so as to supply omissions or cure defects disclosed by experience, and in consequence, we have a system just, simple, and in every way suited to the genius and spirit of our people.
But 1here are a few special subjects to which I desire to call your attention. Their inherent importance will gain for them your careful deliberation; and the fact that the people in the lat P-lection, in distinct and unmistakable termR, expressed their wish in reference thereto, will tend to remove many qnestions as to what should be done, and leave your taf>k largely that of determining how the de.:" sired end is to be accomplished.
LIMITATION OF TAX RATE.
First in importance is that of limiting the rate of taxation. The Constitution of 1877 was framed in accordance with the elemental principles of a republican form of government, and aimed at an economical administration of the affairs of State. It contemplated the payment of the necessary expenses of the legislative, executive and judicial

244

]OURNAI. OF THE HOUSE.

departments; the payment of the public debt; a proper ,pension ior t \wse entitled thereto; the support of the Public Schools, and the protection of' the State in time of war. It prohibited appropriations or taxation for other purpo~es. .It recognized that there would be many claims on the public treasury, and that many of them might be for good and worthy purposes. But, in view of the financial conditions surrounding the State, it drew the line, and fixed definitely 'the purposes for which the people's money might be spent, intending to secure them for all time against the burdens of excessive taxation. But, so long as there is no limit to the amount which may be spent on the objects named in ,the Constitution, there is no limit to the amount which 'may be raised by taxation. In order perfectly to secure :the end designed by the Convention, and demanded by the :people in the last election, there must be a limit on the an'nual tax rate, and I therefore suggest that this General As.sembly submit a Constitutional Amendment limiting the tax rate to five mills, exclusive of the Sinking Fund and what may be needed for the protection of the State in time of insurrection or war.

TAXATIO~ OF FRANCHISES.
Closely allied to a limitation on the rate of taxation is '"the duty of providing a mPthod by which all property shall be made to bear its fair share of the public burden. With a few exceptions, the Constitution provides that all property shall be ta:.ed. In the main, this provision is carried into effect-though no system bas ever been devised which is perfect in its application, and, in spite of the most carefully drafted tax Acts, there 'are unavoidable omissions and a want of that perfect equality and uniformity towards which the law-making power constantly aims. But there is a class ,of franchises held by certain quasi-public corporations which,

SATURDAY, NOVEMBER 8, 1902.

245

though valuable in themselves and adding value to theca~ ita] stock, have, in the past, escaped taxation because of a want of a provision in the Statutes requireing these franchises to be returned or assassed. Being property, these franchises are as subject to taxation as any other property under the Constitution, and, in view of the fact that they generally represent privileges which are more or less exclusive and which have been given to the corporations without money and without price, there is a peculiar justice insubjecting them to the tax laws. It will be for you to determine how the taxable value of ihese franchises is to be estimated though I venture to suggest that there is no need for any great change in the present machinery of the tax law. It will probably be sufficient to amend Section 767 Volume 1. of the Code so as to include all franchises, whether of resident or non-resident corporations doing business in this State, which add value to the capital stock or to the tangible property of the corporation. A h1rther amendment to Sections 780 and 803 of the Code may be necessary so as to require officers making returns for a corporation to state "the value of the corporate franchise exclusive of its other corporate property." The simplicity of this method will commend itself. It will probably avoid many questions which would otherwise arise from the enactment of new statutes containing untried and untested methods. It will provide an easy and practical means of determining what the franchise is worth, for, if there is any disagreement as to such value, it can be settled by arbitration, as all other differences of a like nature between the tax-payer and the Comptroller, or the tax-payer and Tax Receiver are now settled.

SALARY OF TEACHERS.
In practice, the school year and fiscal year do not coincide. The teachers for work done this year must be paid

246

JOURNAL OF THE HOUSE.

out of taxes to be collected next December and January. This has cau~ed a serious disturbance in the State's finkuces and been the occasion of great hardship to the teachers and detriment to the schools. I suggest that the $122,078 now in the Treasury to the credit of the Public Property Fnnd be appropriated to the payment of interest on the public debt, and that a like sum already collected by taxation for paying interest be now applied to the payment of teachers' salaries. This will enable the General Assembly, by economy in appropriations, to pay the teachers monthly in accordance with their contracts during 1903, and during future years, by providing a permanent loan fund of $500,000 to be transferred to the School Fund in the spring and repaid when the taxes are collected. This fund can and should be created from the money in the Treasury collected for the payment of interest, and not so used on account of the appropriation of the Public Property Fund for that purpose, and from the ovErplus raised by the levy of two and one-tenth mills for the years 1901 and 1902 for educational purposes, as proviiled by the last General Tax Act.

COMMON SCHOOLS.

In considering the interest of the teachers, we must not be blind to the claims of the children. Georgia was the first in the Union, and probably the first in the world, to incorporate in its organic law a provision for public schools, for in 1777, in its first Constitution, it declared that "schools shall be erected in each county and supported at the general expense of the State." Since that date, we have been dealing with this supreme problem. The public wish has always been ahead of the public ability. The evils of illiteracy are recognized, but the expense of the cure is beyond our purse. In proportion to our taxable values, we may well challenge comparison with others,

SATURDAY, NOVEMBER 8, 1902.

247

who, apparently, do more. Still, with an adequate sum, it behooves us to make the most of our resources and to increase them wherever the people of a particular locality are willing to add to the School Fund. It often happens that while a county is unable to supplement the School Fund by taxation, those living in a particular militia district are willing to add to the State Fund so as to lengthen the school term, and they should be permitted to do so.
It takes four things to make a Hchool-teachers, pupils, books and schoolhouses. We have teachers and books, and pupils we have in abundance, but of schoolhouses in the country districts there iH woeful want. Proper and comfortable houses will add greatly to the effieiency of our common schools. While it is impos.;ible at the pre,ent time to build them from general taxation, yet there are many communities in which they could be provided without expense to the State at large. The present law authorizes the school trustees to purchase necessary building~, but the amount of the school fund has been inadequate to enable those in the country districts to take advantage ot the Act. And where the local community is willing to raise the necessary funds, there is no provision of law by which a militia district or school district is authorized to tax itself for such purposes. Ordinarily, the unit in our State government is the county, and the general law now of force only contemplates city or county taxation, but authority ought to be given to a militia district or a school district to collect a local tax for school and schoolhouse purposes, wherever the taxpayers so desire, and I therefore, recommend legislation-including a constitutional amendment, if that be necessary-providing that upon the request of two-thirds of the taxpayers in any militia district or school district, a reasonable tax may be imposed upon the property therein, the proceeds of which shall be applied by the school trustees to educational purposes, or to the purchase of land and

248

JOURNAL OF '!'HE HOUSE.

the erection of school buildings in that particular district. The success of any educational system largely depends
upon the teachers. Unless they are capable and efficient, it is impossible to train the children of the coming generation. Many of the young men and young women of the State are patriotically and faithfully endeavoring to fit themselves for that high calling, and the Normal School at Athens and the Girls' Normal School at Milledgeville have been of great assistance in this important work-a work which inure~:~ immediately and directly to the benefit of the public. Both of these institutions deserve the most generous support of the State for their valuable services.

EXEMPTION OF COLLEGE ENDOWMENTS.
Not only the common schools but every other instrumentality which aids in the education and training of the youth merits your careful and serious attention. Our colleges are brought into active competition with foreign institntions splendidly equipped and endowed with millions, and all our higher institutions of learning are unselfishly engaged in performing a puhlic service to the State with no purpose of trade or gain. It is but a slight recognition of what they have done in the past and of the splendid work they are now doing, that their endowment should be f:'Xempt from taxation, where the fund is not so invested as to come into actual competition with the business and commercial interests of other citizen!'. Such a course will not only be a return to the practice prior to 1877, but owing to the material reduction in tuition fees and the much smaller rate of interest received from their investments, it is now almost essential to their continued existence. Under the constitution, we cannot aid these institutions out of the public treasury, no matter how great their service, but we should surely relieve them from burdenB,

SATURDAY, NOVEMBER 8, 1902.

249'

and I therefore recommend the submission of a constitu tional amendment authorizing the General Assembly to exempt from taxation the endowment funds and investments of all educational institutions.

AGRICULTURAL SCHOOLS.
Georgia is pre-eminently an agricultural State; and while we are fostering other interests, we should be specially active to encourage that business in which the whole State is most vitally concerned. If here we lag behind, the whole State suffers, and if in this we can forge to the front, all the people will be directly benefited. So vital is our concern in agriculture that we should not only comply with. all reasonable requests of the farming interests, but even go farther and be diligent to search out means by which the agricultural interests may be improved. As legislators you may not be able to do this directly, but you can set forces at work that will accomplish the desired end. Nothing would be more helpful to this great interest than the establishment and maintenance of an agricultural school in each congressional district of the State, and connect therewith an. experimental station and farmers' institute. Such schools would furnish an opportunity for the intelligent teaching and training annually of several thousar;d of our young men and women engaged in agriculture and kindred pursuits. Fully equipped for their life-work, such pursuits would be more attractive. to them, as well as more remunerative. Agriculture would take on new life and the desire on the part of many of our noble young men and women to leave the farm for towns and cities would be checked. The State, very wisely and justly, provides suitable facilities for the education of the youths who contemplate making of themselves teachers, lawyers, doctors, machinists, electricians and the like. With equal wisdom and justice, if not more, she should provide suitable facilities for the young men and

250

jOURNAL OF THE HOUSE.

women who will engage in agriculture or similar pursuits. The experiment has been tried elsewhere with great suc-
.Jess, and inasmuch as no constitutional objection could be insisted upon should they be made branches of the U niversity, I urge the General Assembly to enact such legislation as will permit the establishment and maintenance of these schools. To do this no extra taxation would be necessary, as they can be maintained by the net fees arising from the inspection of commercial fertilizers. These fees are paid by the Janners in addition to the cul valorem property tax, which is required of all citizens, and every principle of justice and equity demands that they .be expended as will best tend to the advancement and upbuildiug of the cau~e of agriculture throughout the State. These fees are now paid into the treasury to the credit of the common school fulHl. The loss which such au application would entail upon that fund can be more than supplied by an increase in the hire of State convicts. This increase we may reasonably expect from contracts necessary to be made in the near future.
The discussion of this matter in various sections of the State has convinced me that the several counties in which these schools may be located would donate sufficient lands and suitable buildings for that purpose. In order that the General Assembly may be fully informed as to all necessary details attending the establishment and maintenance of such schools, I recommend that at the preserrt sesRion a cornmission be created, to serve without compensation, with authority to receive bids from counties in each Congressional district for the location of such schools therein, and report to the present General Assembly at the next l:lesswn.

SATURDAY, NOVEMBER 8, 1902.

251

COMPILATION OF RECORDS.

The presetvation of the records of the Colonial period and of the Hevolutionary and Civil Wars is a matter of much concern. The lessons to be derived from these periods in the State's history should be taught to the children in our schools. Private enterprise cannot be relied upon to perfect and preserve these records, neither can we hope t,) obtain through private enterprise a full anu complete history of these periods, as the demand for such a work would be almost entirely restricted to Georgians. The State should perfect and preserve these records, and then cause suitable publication to be made thereof for use in the schools, or permit some historian to cull therefrom such matter as would be valuable in the training of children. I therefore recommend such legislation as will authorize the. employment of some competent person to compile and publish these records.

CONCLUSION.
The subjects referred to, do not, of course, exhaust the matters of great importance which will come before this General Assembly. These special subjects have been called to your attention because of the profound interest felt in them by the State at large, and because the people hope for action thereon at this session.
JOSEPH M. TERRELL, Governor.

On mot~on of :Mr. :McCurry of Hart, the following bill was withdrawn from the Committee on Banks, read the seeand time andre-referred, to wit:

252

JOURNAL OF THE HOUSE.

By 'J\fr. :McCurry of Hart-

A bill to amend section l.l82 of the Code, relative to State depositories.

By unanimous consent the following bill was introduced, read the first time and referred to the Special .Tudiciary Committee, to wit:

By :Messrs. Booth and Lawrence of Walton-
.\ bill to repeal an Act to create a board of connnissioners of roads and revenues for the county of \\'alton, and for other purposes.
By unaniwous consent the following bill was reall the third time and put upon its passage, to wit:
By .Mr. 0\erstreet of Screven-
A hill to abolish the county comt of Screven count.v, an(l for other purposes.

The report of the committee, which was favorable to ths
passage of the bill, was agree<l to.

On past<age of the bill the ayes \Yere D2, nays 0.

The bill having recei\ed the requisite constitutional majority was passed.

The following hills were read the secoiHl time, to "it:

By Mr. Harden of Chatham--

A bill to provide compensation for deputy sheriff;; anrl bailiffs in certain counties.

SATURDAY, NOVEMBER 8, 1902,

253

By ~fr. Franklin of Washington-

A bill to incorporate the Tennille school district. By Mr. Hall of Bibb-

A bill to prohibit railroads, express companies, etc., from granting passes to public officers of Georgia.
By :Mr. Akin of Bartow-.

A bill to repeal an Act to create the office of special agent of Western & Atlantic Railroad.
By Mr. Cook of Telfair-

A bill to create the city court of :McRae.
By nlr. Flynt of Spalding-

A bill to amend section 2145 of the Code, so as to bettm fix the venue of suits against insurance companies.

By :Messrs. Slaton, Houston and Blackburn of FultonA bill to amend the charter of the city of Atlanta.
l3y Messrs. Alexander and Grenade of WilkesA bill to create a county conrt of Wilkes county.

By Mr. Rainey of Terrell-

A bill to amend the charter of the city of Dawson.

By :Mr. Rogers of :Mcintosh-

A bill to change the time of holding the fall term of the superior court of :Mcintosh county.

254

]OURNAL OF THE HOUSE.

By ~Iessrs. Slaton, Houston and Blackburn of Fulton-

A bill to amend section 739 of the Code of Georgia, relative to aldermen and councilmen.

By 1fr. 1fcHenry of FloydA bill to amend an Act to incorporate the city of Rome.

By )fr. Rainey of TerrellA bill to amend an Act to incorporate the town of Sasser.

By l\fr. Underwood of White-
A bill to amend section 151, volume 3 of the Code, by adding certain words thereto.

By l\fr. Rainey of TerrellA bill to amend the charter of the town of Bronwood.

By l\Ir. Hall of Bibb-

A bill to provide for the assessment of property of corporations which are required to make returns to the Comptro Her-General.

By l\fr. Wise of Fayette-
A bill to repeal an Act to provide for the payment of cor tain insohcnt costs in Fayette county.

By l\Ir. Reid of Campbell-

A bill to levy and collect a tax for tl10 support of the State government.

The aboyc bill was withdrawn from the committee by uuanimous consent, read the second time aml rc-rcfcrred.

SATURDAY, NOVEMBER 8, 1902.

255

By Mr. Steed of Taylor-

A bill for the protection of certain Confederate soldiers.
By unanimous consent the following bills were read the first time, to wit:

By Messrs. Flynt of Spalding and Blackburn of Fulton- .

A bill to prohibit the marriage of a white person with a .negro, and for other purposes.
Referred to General Judiciary Committee.
By Mr. Gaulden of Brooks-
A resolution to appropriate $500.00 to provide counties with standard weights and measures.

Referred to Committee on Appropriations.

By Mr. Carswell of Wilkinson-
A bill to create a commission to make a roster of Geor gia soldiers, sailors and marines.
By Mr. Thurman of vValker-

A bill to repeal the registration law of Georgia, and for other purpose,;.
Referred to General Judiciary Committee.
By 1\Ir. ~Iorris of Cobb-
A resolution for the relief of the :Marietta Paper :Mills, and for other purposes.
Referred to General Ju<lieiary Committee.

:256

JOURNAL OF THE HOUSE.

By Mr. Shackleford of Clarke-
A bill to amend an Act to incorporate tho Southern ::\Iutnal Insurance Company, and for other purposes.
Referred to Committee on Corporations.
By ~Ir. Howell of Meriwllth\W-
A bill to create a fnnd for the prompt payment of the teachers in the common schools of Georgia, and for othe: purposes.
:Referred to Committee on Education.
By Mr. Fussell of Chattahoochee-
A bill to amend section GlO, volume 1 of the Code, rel ati,e to bridges which connect different counties.
By 1Ir. Kent of .Tohnson-

A bill to establish a dispensary in the city of WrightsTille.

By Messrs. Shannon and Walkcr of :Monroe-
A bill to create a board of commissioners of roads and revenues for the county of 11onroe.
The following Senate bill wns read the first time, to wit:
R;v Mr. Lee of the 44th district-
A hill to cede jnrisdiction over certain lands in Walkcl' and Catoosa counties, and for other purposes.
Referred to General Judiciary Committee.
Leave of absence was grante<l to ::\fessrs. Buchan, Davis, Kent, Watson.
On motion of ::\fr. Steed of Ta,vlor, the Honse adjourned untillO o'clock ~Ionday morning.

MoNDAY, NovEMBER 10, 1902.

257

Atlanta, Georgia,

Monday, November 10, 1902.

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 Rev. J. G. Patton, of DeKalb county.

The roll was called and the following members answered to their names :

Adams, Akin, Alexander, Alford, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Bowen, Bower, Boy kin, Brinson, Brock,
Bro~n,
Bruce, Buchannon, Burton, Hush, Butts,
17 h j

Calvin, Candler, Cann, Carrington, Carswell, Cllatt, Conner, Cook, Crumbly, Davis, Davison, Deal, Derrick, Dozier, Duckett, Duggan, Dunbar, Edwards, English, Bnnis, Iilvans, Felder, Fields, !<'Ianigan, Flynt,

l'oster of Oconee, l<'oster of 'l'owns, l<'rankllu, Fussell, Uaulllen, George, Glenn, Grenade, Grice, Grittln, Hall, Hardeman, Harden, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of Carroll, Hixon of ::lumter, Houston, Howard or Baldwin, Howard of Laurens, Howell, Hutcheson,

258

JOURNAL OF Tim HOUSE.

Johnson of .Baker, .McElmurray,

Shannon,

Johnson of lllmch, McHenry,

Singletary,

Jones of Dougherty, McLain,

Slaton,

.Tones of Pickens, Nisbet,

Spence,

Kelly,

Owen,

Stanford,

Kent,

Overstreet,

Steed of llarroll,

Kilburn,

l'arler,

Steed of 1-'aylor,

Knight,

Pate of Dooly,

Stewart,

Knowles,

Pate of Gwinnett, Stovall,

Lane,

Paulk of llotree,

Stridnand,

Lanier,

Paulk of Irwin,

Thompson,

Lawrence,

Peyton,

Thurman,

Little,

Phillips of Quitman, Tigner,

Lowe,

Preston,

Tracy,

l\.1:ann,

Proctor,

Underwood,

Maples,

Rainey,

Valentine,

Martin,

Rankin,

Walker of Monroe,

Mayson, Miller of .Bullock, Miller of Muscogee, Mills, Mitcham, Mitchell, Mizell, Morton, Moses, Mulherin, .McBride, McCurry,

Rawls,

'Valker of Pierce,

Hedwine,

Warren,

Reid,

Watson,

Rice,

Welch,

Richardson,

Wellborn,

Ridley,

West,

Rogers of Hall,

Wilson,

Rogers of Mcintosh, Wise,

Roper, Rountree, Sanders, Shackelford,

'Vomble, Wooten. Yates. Mr. Speaker.

Those absent were }Iessrs.-

Buchan, llarr, llromartle, Daves,

Holder,

Newton,

.Tohnson ot llrawford, O'Quinn,

Kendrick,

Phlllips of Jel'l'erson,

~feRae,

'Yhitlcy,

The .Tomnal of Saturday's proceedings was read and eon firmed.
Ur. Grice of Pulaski, asked unanimous consent to withdraw Honse bill No. 8i from the Committee on Corpora-

. MONDAY, NOVEMBER 10, 1902.

259

tions and refer the same to the Special Judiciary Com-

mittee, which request was granted.

The roll of counties was called for the introduction of new matter, and the following bills were introduced, rea<l the first time and appropriately referred, to wit:

By Mr. Alexander of Wilkes-

A bill to amend section 671, volume 3 of the Code, relative to the wrongful sale of mortgaged property, and for other purposes.

Referred to General Judiciary Committee.

By Mr. Glenn of Whitfield-

A bill to establish a dispensary in the town of Dalton, and for other purposes.

Referred to General Judiciary Committee.

By Mr~ Glenn of Whitfield (by reqtlest)-

A bill to amend section 4045 of the Code, relative to the disqualification of judges, etc., and for other purposes.

Referred to Special Judiciary Committee. By Mr. Dunbar of Richmond-

A bill to increase the number of terms of the superior court of Richmond county, and for other purposes.
Referred to Special Judiciary Committee.
By Messrs. Evans and Franklin of Washington-
A bill to amend an Act to incorporate the city of San der::;villc, and for other purposes.

260

JOURNAL OF THE HOUSJt

Referred to Committee on Corporations.

By l\Ir. Steed of Taylor-
A bill to amend section 4924 of the Civil Code, which relate<> to the granting of injunctions, and for other purposes.
Referred to General Judiciary Committee.

By Mr. Dunbar of Richmond-
A bill to amend section 4315 of the Code, so as to remove the restrictions of holding only two terms of the superior court in the counties of this State.
Referred to General Judiciary Committee.
By :Mr. Grice of Pulaski-

A resolution to pay the chief porter of the House of Representatives three dollars and fifty cents per diem.
Referred to Special Judiciary Committee.

By Mr. Grice of Pulaski (by request)-

A bill to amend section 5269 of the Code, relative to the incompetency of witnesses.

Referred to Special Judiciary Committee.

By l\Ir. Grice of Pulaski-
A bill to amend an Act to create dispensaries in Pulaski county.

Referred to Special Judiciary Committee.

MONDAY, NOVEMBER 10, 1902.

261

By Mr. Grice of Pulaski-
A bill to'repeal section 2763 of the Code, relative to the duty of justices of the peace and notaries public, in regaril to affidavits, and for other purposes.

Referred to Special Judiciary Committee.

By Mr. Tigner of Muscogee-
A bill to amend section 2321 of the Civil Code, which fixes the liability of railroad companies, and for other purposes.

Referred to General Judiciary Committee. By Mr. Grice of Pulaski-
A bill to incroporate the town of Finleyson, in Pulaski county, and for other purposes.
Heferred to Special Judiciary Committee.

By Mr. Mills of Cherokee-
A bill to amend section 821, volume 1 of the Code, rel-
ative to the issuing of tax fi. fas.

Referred to Committee on Wild Lands.

By Mr. Tigner of Muscogee-

A bill to authorize street railway companies carrying passengers to carry parcels of freight, and for other purposes.
Referred to General Judiciary Committee.

262

]OURNAL OF THE HOUSE.

By Mr. Shannon of Monroe-

A bill to provide for the removal of obstructions from the streams of Monroe COlmty.
Referred to Committee on Counties and County Matters..

By Mr. Preston of Jasper-
A resolution authorizing the payment of pension due Mrs. Harriet E. :Malone.

Referred to Committee on Pensions.

By Mr. Reid of Campbell-

A resolution authorizing the Governor to borrow money to supply casual deficiencies.

Referred to Committee on Ways and Means.

By Messrs. Hawes and :Martin of Elbert-
A bill to require the judge and solicitor-general of the Northern .Tudicial Circut to transfer to the city court of Elberton all indictments in misdemeanor cases, and for other purposes.
Referred to General Judiciary Committee.
By Mr. Reid of Campbell-

A bill to pay off and retire bonds of this State as they mature, and :for other purposes.

Referred to Committee on Ways and Means.

MONDAY, NOVEMBER 10, 1902.

263

By Mr. Yates of Catoosa-

A bill to cede jurisdiction over certain public road approaches to the Chickamauga Park, to the United States Government.
Heferred to Committee on Counties and County Matters.

By :Mr. Moses of Coweta-
A bill to incorporate the Young's Tan Yard School, of Coweta county, and for other purposes.

Referred to Committee on Education.
By unanimous consent the following bill was withdrawn from the General Judiciary Committee, read the second time and re-referred to the Committee on Special Judimary:

By Mr. Fields of Dooly-

A bill to make it unlawful for any landlord to discharge a farm laborer without good cause, and for other purposes.

By unanimous consent the following bill was read the first time, to wit:

By :Mr. Candler of DeKalb-

A bill to provide for the return of all real and personal property of persons and corporat~ons for taxation; to provide for a board of tax assessors, prescribe their duties, ete., and for other purposes.
RPferred to Committee on Ways and Means.

264

JOURNAL OF THE HOUSE.

The following bills were read the third time and put upon their passage, to wit:

By :Mr. Harden of Chatham-

A bill to provide compensation to del'uty sheriffs and bailiffs of superior and city courts in certain counties, and for other purposes.

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

On motion of :M:r. Cann, the House reconsidered its action in agreeing to the report of the committee.

Mr. Harden then offered the following amendment, which was adopted, to wit:

Amend by striking the word "exclusive," and inserting "conclusive," in the second line of section 2.

The report of the committee was then agreed to as amended.

On passage of the bill the ayes were 117, nays 0.

The bill ha,ing received the requisite constitutional majority was passed as amended.

By Mr. Franklin of Washington-

A bill to incorporate the Tennille school district, 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 ~ll the ayes were 105, nays 0.

MONDAY, NOVEMBER 101 1902.

265

The bill having received the requisite constitutional majority was passed.

By 111:essrs. Slaton, Houston and Blackburn of Fulton-
A bill to amend Rection 73!:1 of the. Code of Georgia, relative to the incompetency of aldermen and councilmen, and for other purposes.
The report of the cmmhittee, which was favorable to the passage of the bill by substitute, was agreed to.
On passage of the bill the ayes were 107, nays 4.
The bill having received the requisite constitutional majority was passed by substitute.
The following message was received from the Senate, through Mr. N orthen, the Secretary thereof:
Mr. SpeaJ..:er:
The Senate has unanimously adopted the following resolution, in which the concurrence of the House is asked, to wit:
A resolution appointing a committee of :five from the Senate and ten :from the House to accompany the remains
of the late Senat~r r:J. Sullivan to Augusta.
The following is the committee on the party of the Senate: Senators Snea?, Perry, Skelton, Davis and Tisinger.
The following message was received from the Senate,. through Mr. Northen, the Secretary thereof:

266

JOURNAL OF THE HOUSE.

Mr. Speaker:
The Senate has concurred in the following joint resolution of the House, to wit:

A resolution that Miss Mildred Rutherford be invited to present before the General Assembly the interest of the Winnie Davis Memorial.

On motion of Mr. Mulherin of Richmond, the following joint resolution of the Senate wa~ taken up, read and con-
curred in, to wit:

By Mr. Snead of the 29th district-

A resolution appointing a committee of five from the Senate and ten from the House to accompany the remains of the late Senator P .T. Sullivan to Augusta.

The following resolution was read and unanimously adopted by a rising vote, to wit:

By Mr. Mulherin of Richmond-

A re1:1olution providing that as a mark of respect to the memory of Senator P. J. Sullivan, the House adjourn for the rest of to-day's session.

The Speaker announced tlu3 following committee to escort the remains of Senator Sullivan to Augusta: Messrs. :Mulherin, Calvin, Dunbar, Phillips of Jefferson, Kelly, Davis, Cann, Howard of Baldwin, Hayes, Holder.

The Speaker then announced the House adjourned until 10 o'clock to-morrow morning.

TUESDAY, NOVEMBER 11, 1902.

267

Atlal!-ta, Georgia.

Tuesday, November 11, 1902.

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 Rev. J no. E. White o Atlanta.

The roll was called and the following members answered to their names :

Adams, Akin, Alexander, Alford, Almond, Arnold, .Ayres, Baldwin, Beall, Beauchamp, .Hell of Emanuel, Bell of Mllton, Blackburn, Booth, Bowen, Bower, Hoy kin, Brinson, Brock, Brown, Bruce, Buchan, Buchannon, Burton, B11sh, Butts,

Candler,

Carr,

Carrington,

Carswell,

Cllatt,

Conner, Cook,

..'

Cromartie,

Cruml:>ly,

Daves,

DaYis,

Davison,

Deal,

Derrick,

Dozier,

Duckett,

Duggan,

Edwards,

English,

Ennis,

Evans,

Felder,

I'ields,

I'iynt,

Foster of Oconee,

Foster of '!'owns,

Franklin, l1'ussell, Gaulden, George, Glenn, Grenade, Grice, GrUHn, Hall, Hardeman, Harden, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of Carroll, Hixon of. 8umter, Houston, Howard of Baldwin, Howard of Laurens, Howell, Hutcheson, Johnson of Baker, Johnson of Clinch, John.son or Orawrord,

268

]OURNAI., OF THE HOUSE.

Jones of Dougherty, 1\IcLaln,

Sliackelford,

Jones of Pickens, Me}{ae,

Shannon,

Kelly,

Newton,

Singletary,

I<endrick,

Nisbet,

Slaton,

Kent,

Owen,

Spence,

KIJ.burn,

Overstreet,

Stanford,

Knight,

O'Quinn,

Steed of Carroll,

I<nowles,

Parker,

Steed of ~aylor,

Lane,

Pate of Dooly,

Stewart,

Lanier,

Pate of Gwinnett, Stovall,

Lawrence,

Paulk of Uotree,

Strickland,

Little,

Paulk of lLwin,

~'hompson,

Lowe,

Peyton,

'l'hurman,

l\Iann,

Phillips of Quitman, ~'igner,

l\Iaples,

!'reston,

~racy,

:uartin, Mayson, Miller of .Bulloek, :Miller of Muscogee, Mills, Mitcham, 1\Iitchell, Mizell, Moses, l\Iulherln, McBride,

Proctor,

Underwood,

Hainey,

Valentine,

Rankin,

Walker of Monroe.

Hawls, Hedwine,

Walker of Pierce. warren,

Reid,

'Vatson,

Rice, Richardson, Ridley, Rogers of Hall,

'Velch, 'Vellborn, West. 'Vilson, Wise,

Rogers of Mcintosh, 'Vomble,

McCurry, McElmurray, 1\lcHenry,

Roper, Rountree, Sanders,

Wooten, Yates. l\Ir. Speaker.

Those absent were :Messrs.-

Calvin, Uann, Dunbar,

Flanigan, Holder, l\Iorton,

Phillips of J efl'erson, Whitley,

The Journal of yesterday's proceedings was read and confirmed.
The following bill, which was made the special order for this morning at this time, was read the third time and put upon its passage, to wit:

TUESDAY, NOVEMBER 11, 1902.


269

By Mr. Candler of DeKalb-

A bill to be entitled an Act to alter and amend paragraph second of section 11 of article seventh of the Constitution ofthe State of Georgia, so as to enlarge the power of exemption from taxation of all places of religious worship or burial, and also all property belonging to colleges, incorporated academies, or other seminaries of learning; to provide for the prope:r ratification of the same by the people) for the promulgation by the Governor of the ratification1 in case of ratification, and for other purposes.

The following amendments were offered and read, to wit:

By Mr. Candler of DeKalb-

Amend section 3, line 9, by adding after the word "institutions," the words "and not directly or indirectly for private or indivi(lual gain," with the quotation marks after the word "gain."

Amend section 3, line 12, by adding after the word "institutions," the words "and not directly or indirectly for private or individual gain," with the quotation marks after the word "gain."

The above amendments were adopted.

The following amendment was read and lost, to wit:

By Mr. Booth of Walton-
Amend by inserting after the word "parsonage" in line 14, section 2, tho words "or any horne of a parson in charge of a church."
The following amendments were also adopted, to wit:


270

JOURNAL OF THE HOUSE.

By Mr. Hall of Bibb-
Amend the title of the Act by striking out the words "to alter and amend," and inserting in lieu thereof the following words: "To propose an amendment."
Amend section 1 by striking out the words "be it enacted by the General Assembly that," and inserting in lieu thereof the following words: "Be it resolved by the General Assembly that the following amendment be proposed to."

The following amendments were lost, to wit:

By Mr. Grice of Pulaski-

To amend section 1 of t~1e bill by adding after the word "parsonage," in line 14, the words "pastorium, manse, rectory."

By Mr. Stovall of Chatham-

Amend section 1, line 14, by adding between the words "all" and "institutions," the words "property of."

The committee proposed to amend as follows:

Amend section 1, line 15, by adding after the word "learning," the following, "not established or conducted for private or individual gain."

Amend section 1, line 19, by inserting after the word "used," and before the word "for," the folliwing words: "Directly or indirectly for private or individual gain or."

Amend the title by i!Jserting in line 3, after the word "to" and before the word "colleges," the word "certain."

TUESDAY, NOVEMBER 11, 1902.

271

Amend section 3, line 12, by adding after the ~ords "o this State," the words "exempting rom taxation all church and college property when used only or the benefit o such institutions."

Amend section 3, line 16, by adding after the words "o this State," the words "exempting rom taxation. all church and college properties when used only or the benefit o such institutions."

The amendments offered by the committee were adopted.

Mr. Franklin o Washington, called or the previous question on the bill and pending amendments, which call was sustained and the main question ordered.

The report o the committee, which was favorable to the passage o the bill as amended, was agreed to as amended.

An amendment to the Constitution being contemplated, the ayes and nays were ordered.

On taking the ballott viva voce the vote was as follows~

Those voting in the affirmative were Messrs.-

A?ams, Akin, Alexander, Arnold, Ayres,
~eauchamp,
Hell of Emanuel, Bell of Milton, Bowen, Bower, Boy kin, Brinson, Brock,

Huchannon, Bush, Butts, Candler, Carr, Cllatt, Conner, Cromartie, Davison, Ennis,
l~Yans,
Felder, Fields.

Flynt, I'oster of 'l'owns, Franklin, I<'ussell, Gaulden, George, Hardeman, Hixon of Carroll, Hixon of Sumter, Holder, Houston, Howard of Baldwin. Hutcheson,

272

JOURNAL OF THE HOUSE.

Kendrick, Kilburn, Knowles, Little, Martin, Mayson, Miller of Muscogee, Mitcham, Mizell,
~IcBride,
1\IcElmurra;y, McHenry,

McLain,

Stanford,

::-;ewton,

Steed of Carroll,

Nisbet,

Steed of Taylor,

Pate or Uwinnett, Stewart,

Phillips of Quitman, Thompson,

Proctor,

Tigner,

Redwine,

Walker of Monroe,

Rogers or Hall,

Warren,

Rogers of Mcintosh, Wellborn,

Shackelford,

Wilson,

Singletary,

Wise,

Slaton,

'l'hose voting in the negative were Messrs.-

.Baldwin, Beall, Blackburn, Booth, Brown, Bruce, Buchan. Burton, Carrington, Cook, Daves, Davis, Deal, Derrick, Dozier, Duckett, Duggan, Edwards, English, Foster of Oconee, Ulenn, Grenade, Grice, GJ,'ittin, Hall, Harden,

Hawes,

Peyton,

Henry,

Preston,

Howard of Laurens, Rainey,

Howell,

Rankin,

Johnson of Baker, Hawls,

Johnson of Clinch, Reid,

Johnson of Urawfora,Hice,

Jones of Dougherty, Richardson,

Jones of Pickens, Ridley,

Knight,

Roper,

Lane,

Rountree,

Lanier,

Sanders,

Lawrence,

Shannon,

Lowe,

Spence,

~I a n n ,

Stovall,

)Iaples,

Strickland,

Miller of Bullock, Thurman,

Mitchell,

Tracy,

Moses,

Underwood,

1\IcCurry,

Valentine-,

Owen,

Walker of Pierce,

O'Quinn,

Welch,

Parker,

West,

Pate of Dooly, Paulk of Coffee, Paulk of Irwin,

Womble, Wooten. Yates,

TuESDAY, NOVEMBER 11, 1902.

273

Those not voting were Messrs.-

Alford, Almond, Calvin, Cann, Uarswell, Crumbly, Dunbar, I<'Ianlgan,

Hayes, Hendry, Hicks, Kelly, Kent, Mills, Morton,

Mulherin, J\IcRae, Overstreet, Phillips of Jefierson. Watson, Whitley, Mr. Speaker.

Ayes, 74; nays, 78.
On motion of J\:t:r. Hawes of Elbert, the verification of the ro11-ca11 was dispensed with.
On the passage of the bill the ayes were 74; nays, 78.
The bill having failed to receive the requisite two-thirds majority, was lost.
On motion of :Mr. Tigner, House bill No. 65, which had been reported back to the House favorably by the Comm:ittee on Counti,es and County Matters, was recommitted to the General Judiciary Committee.
Mr. Buchannon of Early was allowed to withdraw House bill No. 189.
House bill No. 188 was withdrawn from the General Judiciary Committee and referred to the Special Judiciary Committee, at the request of the author.
By unanimous consent, House bill No. 203 was withdrawn from the General Judiciary Committee and rerefcrred to the Committee on Temperance.
18 h j

:274

JoURNAL OF THE HOUSE.

House bill No. 53 was withdrawn from the General .Judiciary Committee and referred to the Special Judiciary Committee by the author.
I..eave of absence was granted :Mr. Hendry of Liberty, on account of sickness.
On motion of :Mr. Knight of Berrien, the House adjourned until 10 o'clock to-morrow morning.

Atlanta, Ga.

Wednesday, November 12, 1D02.

The House met pursuant to adjournment to 10 o'clock a.m. this clay; was called to order by the Speaker .and opened with prayer by the Chaplain.
The roll was called and the following members am;wered to their names:

Adams, Akin, Alexander, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell of ]{]manuel, Bell of Milton,

Blackburn, Booth, Bowen, Rower,
Boykin, Brinson, Brock, Brown, Bruce, Buchan, Buchan non,

Burton, Bush, Butts, Calvin, Candler,
Cann,
Uarr, (]arrington, Carswell, Cliatt. Conner,

WEDNESDAY, NOVEMBER J2, 1902.

275

Cook,

Hutcheson,

Peyton,

uromartle,

Johnson of .Haker, Phillips of Jerrerson,

Crumbly,

Johnson of Clinch, Pll!llips of Quitman,

Daves,

Johnson of Crawford,Preston,

Davis,

Jones of Dougherty, Proctor,

Davison,

Jones of Picken!!, Rainey,

Deal,

Kelly,

Rankin,

Derrick,

Kendrick,

Rawls,

Dozier,

Kent,

Redwine,

Duckett,

Kilburn,

Held,

Duggan,

Knight,

Hlce,

Dunbar,

Kno:wles,

Richardson,

Edwards,

Lane,

Ridley,

English,

Lanier,

Rogers of Hall,

Ennis,

Lawrence,

Rogers of Mcintosh,

Evans,

Little,

Roper,

Felder,

Lowe,

Rountree,

Fields,

Mann,

Sanders,

Flanigan,

Maples,

Shackelford,

Flynt,

Martin,

Shannon,

Foster of Oconee, Mayson,

Slaton,

Foster of '!'owns, Miller of .Hullock, Spence,

Franklin,

Miller or 1\fuscogee, Stanford,

Fussell,

Mills,

Steed of Carroll.

Gaulden,

Mitcham,

Steed of 'l'aylor,

George,

Mitchell,

Stewart,

Glenn,

Moses,

Stovall,

Grenade,

Mulherin,

Strickland,

Grice,

McBride,

Thompson,

Grlttin,

McCurry,

Thurman,

Hall,

McElmurray.

Tigner,

Hardeman,

McHenry,

Tracy,

Harden,

1\fcLaln,

Underwood,

Hawes,

Newton,

Valentine,

Hayes,

Nisbet,

Walker of Monroe,

Hendry,

Owen,

walker of l'lerce,

Henry,

Overstreet,

Warren,

Hixon of CaiTOll, O't~ulnn,

Holder,

Parker,

Houston,

Pate or Dooly,

Howard of .Haldwln, Pate or Gwinnett,

Howard of Laurens, Paulk of Cofl'ee,

Howell,

Paulk or Irwin,

Welch, wellborn, West, Whitley, vVilson, Wise,

276
Womble, 'Vooten,

]OUR~AI. OF THE HOUSE.

Yates,

l\ir. Speaker.

Those absent were :.Messrs.-

Alford, Hicks, Hixon of Sumter,

Mizell, Morton, 1\tcHne,

Singletary, 'Vatson,

Mr. Flanigan, of the Committee on J onrnals, reported that the J onrnal of yesterday's proceedings had been examined and found correct.
The Journal was then read and confirmed.
~fr. Candler of DeKalb, moved to reconsider the action of the House in not passing Honse bill No. 8, which is a bill to exempt certain colleges, clmrches and other property from taxation, which motion prevailed.
By unanimous consent, )Ir. Candler was allowed to withdraw IIonse bill No. 8.
l\fr. Conner of Bartow, asked unanimous consent to withdraw Honse hill No. 12 from the General Judiciary Committee and refer the same to the Committee on \Y. & A. R. R. ~fr. Hall of Bibb, objecte<l. :Mr. Conner then moved that the bill take this conrse, which motion was lost.
l\fr. Franklin of \Yashington, mowd that Honse hill Xo. !) he recommittc<l to the Special .Judiciary Committee, which motion was lost.

On motion of -:\Ir. Ennis, Honse resolution X o. 3G was rrconnnitted to Committee on General Judiciary.
1\fr. Reid, chairman of the Committee on \Vays and l\fenns, submitted the following report:

WEDNESDAY, NOVEMBER 12, 1902.

2i7

Mr. Speaker:
Your Committee on \Vays and Means have had under consideration Honse bill No. 220, by :Mr. Candler of DcKalh, and they instruct me to report same back with the recommendation that it be read the second time and recommitted to same committee, and that 300 copies thereof be printed :for use of the House.
R(,spectfully submitted. C. S. REID, Chairman.

In accordance with the provisions of the above report, 300 copies of House bill No. 220 were ordered printed.
:Mr. Slaton, chairman of the Committee on General ,Tudiciary, submitted the following report:
~l-fr. Spealcer:
The Committee on General Judiciary have had under consideration the following House bill, which I am instructed to report back with the recommendation that the same rio not pass, to wit:
A bill to require the State of Georgia to pay the expenseR for which the county is liable of all caseR against. theW. & 1\. R. R. Company for damages clone to persons, stock, or other property, and for other purposes.
Also, the following House resolution, with the recommendation that the same do not pass, to wit:
A resolution for the relief of V. T. Sanford, former tax collector of Floyd county, and his surety.
Respectfully submitted. J onN :JL SLATON, Chairman.

278

]OURNAL OF THE HOUSE.

:Mr. Adams, chairman of the Committee on Temperance, :mbmitted the following report:

M1'. Speaker:
The Committee on Temperance having had under consideration the following bills, report the same back to the House with the recommendation that they do pass, to wit:

By 1.Iessrs. Alexander and Grenade of Wilkes-
A bill to repeal an Act to establish a dispensary in Washington, Wilkes county.
By .Mr. Bush of ~Iiller-
A bill to establish a dispensary m Colquitt, ~1ilL~r county.
GI;;o. \V. An.urs, Chairman.

]\[r. Shannon, chairman of the Committee on Oountie::> and County :Matters, submitted the following report:

M1. Speaker:
The Committee on Counties and County l\Iatters hav1} had under consideration the following bills:
House bill No. 20, and recommend that it do pass as amended.
House bill No. 218, and House bill No. 213, and recommend do pass :

House bill No. 20, by :Mr. Blackburn of Fulton, to establish patrol in each militia district, and for other purposes.

WEDNESDAY, NOVEMBER 12, 1902.

279<

House bill No. 218, by Mr. Shannon of :Monroe, to provide for removal of obstructions from running streams in Monroe county, and for other purposes.

House bill No. 213, by Mr. Yates of Catoosa, to cede to the United States jurisdiction over public road to Chickamauga, Chattanooga, National Park, and for other purposes.
H11spectfully submitted.
J NO. R. SHANNON, Chairman.

}fr. Hawes, chairman of the Committee on Pension'l; submitted the following report:

Mr. Speaker:
Your Committee on Pensions have had under consideration the following resolution of the House, which they in.struct me, as their chairman, to report back with the recommendation that it do pass, to wit:
A resolution to pay Mrs. Mary S. Jarrard the pension due her husband at the time of his death.
Respectfully submitted. P. M. HAWEs, Chairman.

Mr. Flynt, chairman. on Special Judiciary Committee, submits the following report:
Mr. Speaker:
Your committee have had under consideration the following House bills, and they instruct me, as their chairman, to report them back to the House with the recommendation that the same do pass:

280

JoURNAL OF THE HOUSE.

A bill to give the recorder's court in cities in Georgi<t having- a population greater than 85,000, power to commit minors under sixteen years of age, upon conviction, tc county reformatory.

A bill to amend the charter of the city of Tennille; en large the incorporate limits.
A bill to amend an Act creating the city court of Sar!. dersville; to prescribe the fees of officers of said court.

A bill to authorize the clerks of the city courts of this State to appoint deputy clerks; to define the powers an1l duties of said deputies, and to validate all acts of tleputy clerks heretofore appointed.

An Act to repeal an Act entitled "an Act to establish a county court for Butts county."

A bill to create a hoard of fire commissioners for the city of Augusta.
Your committee also have had under consideratio11 House hill No. 133, to prescribe the qualifications of jurors in the superior courts, county courts, and city courts of this State, and they instruct me, as their chairman, to report the same hack to the House with the recommendation that it (lo pass hy substitute.
Also, House bill No. 107, to rel_ieve :Michael A. Steele, William P . .Medlock and William B. Smith, from liability on the official bond of J. A. :Mayson, treasurer of DeKalb county, and they instruct me, as their chairman, to repm~ the same hack to the House with the recommendation tlut it do not pass.
Respectfully submitted.
J. J. FLYNT, Chairman.

WEDNESDAY, NOVEMBBR 12, 1902.

281

:Mr. Reid of Campbell, chairman of the Committee on Ways and :Means, submitted the follmving lieport:

Mr. Speaker:

The Committee on \Vays and Means have had under con-

sideration House resolution No. 48, by :Ur. Reid of Camv-

bell, which is a resolution to authorize the Governor to bor-

row money to supply casual deficiencies; and also, House

bill No. 217, by Mr. Reid of Campbell, which is a bill to

pay off and retire the bonds of the State as they mature,

and I am instructed by the committee to report both back to

the House with the recommendation that the resolution be

adopted, and that the bill do pass.

Respectfully submitted.

C. S. REID, Chairman.

:Mr. Davis of Meriwether, chairman of the Committee on Appropriations, submitted the following report:
..Llh. S peal-.er:
I am directed by the Committee on Corporations to return to the House resolutions Nos. 31 and 39, with the request that the same be referred to the Committee on Pensions, and that hereafter similar resolutions and bills be referred to the Committee on Pensions.
Re,;pectfully submitted. CHAS. L. DAvis, Chairman.
In accordance with the recommendations of the above report, House resolutions Nos. 31 and 39 were recommitted to the Committee on Pensions.

Mr. Franklin of Washington, gave notice that at the proper time he would move to reconsider the action of the

282

JOURNAL OF THE HOUSE.

House in not recommitting bill No. 9 to the Special Judiciary Committee.
The following resolution was read and adopted, to wit:
By l\fr. Harden o Chatham-
A resolution providing that the General Assemuly adjourn on Thanksgiving Day, and that such day be counted as dies non.
Under the head o unfinished business the ollmdng bill;; were read the first time and appropriately referred, to wit:
By :Messrs. Hardeman and Holder o Jackson-

A bill to incorporate the town o Statham, in Jackson county, and or other purposes.

Referred to Committee on Corporations.

By :M:r. Miller o Muscogee-

A bill to amend the charter o the city o Columbus, relative to water-works, and or other purposes.

Referred to General Judiciary Committee.

By 1\Ir. Butts o Glynn-

A bill to amend the charter o the city of Brunswick, and o1 'lither purposes.

Referred to Special Judiciary Committee.

By Messrs. Hardeman and Holder 9 Jackson-

A bill to repeal an Act to create the city court o J offerson, in Jackson county, and or other purposes.

Referred to Committee on Corporations.

WEDNESDAY, NOVEMBER 12, 1902.

28;}

By Messrs. Holder and Hardeman of Jackson-
A bill to create the city court of Jefferson, and for other purposes.
Referred to Committee on Corporations.

By :Mr. Wise of Fayette-

A bill to establish the city court of Fayetteville, anJ for other purposes.

Referred to Special Judiciary Committee.

By Mr. Wise of Fayette-

A bill to amend an Act to incorporate the town of Fayetteville, and for other purposes.

Referred to Special J udieiary Committee. By Mr. Bush of ::M:iller-

A bill to prohibit the buying of seed cotton in any county of this State without keeping a record of same, and for other purposes.
Referred to Committee on General Agriculture.
At the request of Mr. Conner of Bartow, House bill No. 12, which had been reported unfavorably by the Genera! Judiciary Committee, was placed upon the calendar.

The following message was received from the Senate through Mr. N orthen, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit:

284

JOURNAL OF THE HOUSE.

A bill to amend section 982 of the Code by adding the city of Baxley, in Appling county, and Douglasville, m Douglas county, to the list of State Jepositories.

Also, a bill to amend section 982 of the Code, by adding the town of LaFayette, in Walker county, to the list of State depositories.

Also, a bill to repeal the Act creating the county court .of :Marion county.
:Mr. Holder of Jackson, arose in his seat and stated that at a meeting of the Committee on Education, said committee ha<l unanimously instructed him, as their chairman, to ask the Speaker to appoint :Mr. Carrington of :Madison, as a member of the Committee on Education.

The Speaker refused to make the appointment, and Mr. Hall of Bibp, asked unanimous consent of the House to have l\fr. Carrington made a member of said committee.
No other member objected, but the Speaker held that he had the right, as a member of the House, to object, and he did so.
:Mr. Felder of Bibb, held that the Speaker had no right to object in this case, and appealed from the decision of the Chair, citing as the ground upon while he took the appeal, Rule of the House, No. 2.
:Mr. Harden of Chatham, called for the previous question, which call was sustained and the main question ordered.

As to whether or not the decision of the Chair should be sustained, and on putting the same to the House, Mr. Felder of Bibb, called for the ayes and nays, which call was sustained.

WEDNESDAY, NOVEMBER 12, 1902.

285

On taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Akin,

Almond,

Arnold,

Ayres,

Beall,

Beauchamp,

Bell of Jj]manuel,

Bell of Milton,

Blackburn,

Booth,

Bowen,

Bower,

Hoy kin,

Brock,

Brown,

Buchan,

Burton.

()alvin,

Uandler,

Cann,

Carr,

Carswell,

,,

Cllatt,

Conner,

Cook,

Cromartie,

Crumbly,

Daves,

Davis,

Davison,

Derrick,

Dozier,

Duckett,

Duggan,

Dunbar,

English,

Ennis,

Evans,

i<'lynt,

Nisbet,

Foster or '!'owns, Owen,

Franklin,

Pate of Dooly,

Gaulden,

Paulk of Uoffee,

Grenade,

Paulk of irwin,

Grlttin,

Phillips of Jefferson,

Harden,

Phillips or Quitman,

Hawes,

Hainey,

Hendry,

Hawls,

Hixon of Uarroll, Redwine,

Hixon of Sumter, Held,

Holder,

Ridley,

Howard of Baldwin, Rogers of Hall,

Howard of Laurens, Rogers of Mcintosh.

Johnson of Baker, Hoper,

Johnson of Ullnch, Shackelfonl,

Jones of Dougherty, Shannon,

Jones of Pickens, Singletary,

Kelly,

Slaton.

Kendtick,

l'ltanford,

Lanier,

Steed of Uarroll,

Lawrence,

Steed of 1'aylot,

Little,

Stewatt,

Lowe,

Stovall,

Martin,

Strickland,

Mayson,

Thompson,

Miller of Muscogee, Thurman,

Mills,

Tigner,

Mitcham,

Walker of Monroe,

Mizell,

'Vanen,

Moses, McBride, McCurry, McElmurray, McHenry, McLain, Newton,

'Velch, 'Vellborn, 'VIlson, 'Vise, 'Vomble, 'Vooten, Yates,

:286

JOURNAL OF THE HOUSE.

Those voting in the negative were Messrs.-

Adams, Baldwin, Bush, Deal, Edwards, !!'elder, Fields, George, Glenn, -<idee, Hall, Hayes,

Houston,

Parker,

Howell,

Preston,

Hutcheson,

Proctor,

Johnson or Urawrord,Itankln,

Kilburn,

Richardson,

Knight,

Hountree,

Lane,

Sanders,

Mann,

Spence,

.\Iaples,

Underwood,

Overstreet,

Valentine,

O'Quinn,

West.

Those not votit~g were Messrs.-

o\.lexander, Alford, Brinson, Bruce, Buchannon, Butts, (]arrington, Flanigan, Fostn of Oconee, a:russell,

Hardeman, Henry, Hicks, Kent, Knowles, Mlller of Bullock, Mitchell, Morton, Mulherin,

McRae, Pate or Gwlnnett, Peyton, IUce, .rracy, walker of Pierce, "\Vatson. \Yhitley, Mr. Speaker.

By unanimous consent the verification of the roll-call was dispensed with.
On sustaining the decision of the Chair the ayes were 112,, n:1ys 34.
l'ne decision of the Chair was therefore sustained.
By Hnanimous consent the following rm;olution wnR rcn<l nncl referred to the Committee on Rules, to wit:
By l\fr. Felder of Bibb-
RPsolred. That l\fr. Carrington of l\fadison, on account of his peculiar fitness for the place-the entire committe~>

WEDNESDAY, NOVEMBER 12, 1902.

287

having requested, through their chairman, that it be donebe added to the Committee on Education.

:Mr. Wilson, chairman of Committee on Privileges and Elections, submitted the following report:

..tl1. Speaker:
The Commitroe on Privileges and Elections have ha('i under consi(lRration the contested Rlection caRe of lion. G. Y. Harrell against the Hon. J. D. Crumbley, of the county of Stewart, and beg leave to submit,
That after a painstaking and careful consideration of the caRe, they find, unanimously, that the Hon. J.D. Crumbley, of the county of Stewart, is entitled to retain his seat on the iloor of the House as a member of this General Assembly.
CLARENCE WILSON, Chairman..

The following bills were taken up under the head of un-

finished business, read the first time and appropriately re-

ferred, to wit:



By :Mr. Holder of Jackson-
A bill to repeal an Act to incorporate the town of Statham, and for other purposes.
Referred to Committee on Corporations.
By :Mr. Deal of Bullock-
A bill to prohibit drunkenness in certain places, and for .other purposes.

Referred to Special Judiciary Committee.

288

jOURNAL OF THE HOUSE.

By :Mr. :Miller of l\Iuscogee-
A bill to amend the charter of the city of Columbus, relative to police jurisdiction over certain territory, and for other purposes.
Referred to General Judiciary Committee.

By unanimous consent the following bills were read the first time and appropriately referred, to wit:

By l\1r. l\IcElmurray of Bu:rke-

A bill to establish the city court of Waynesboro, and for other purposes.
Heferred to Committee on Counties and County :Matters.

By l\Ir. Evans of Washington-

A bill to appropriate from the educational fund $10,000, to be known as the "Common School I~ibrary Fund," and for other purposes.

Heferred to Committee on Education. By l\[r. Nisbet of Burke-

A bill to abolish the city court of Waynesboro, and for other purposes.
Heferred to Committee on Counties and County 1\Iatters.

Tiy :\Ir. Crumbley of Stewart-

A bill to create a now charter for the town of Lumpkin, and for other purposes.
Referred to Committee on Corporations.

WEDNESDAY, NOVEMBER 12, 1902.

289

By Mr. Spence o WareA bill to amend an Act to establish a city court for tht}
city of Waycross, relative to the clerk.
Referred to Committee on Counties and County 11atters.

By Mr. Spence of Ware-

A bill to amend an Act to create the city court of Waycross, relative to the appointment of judges and other officers, and for other purposes.

Referred to Committee on Counties and County :Matters.

By Mr. Spence of Ware-

A bill to amend an Act to create the city court of Way-.

cross, so as to define its jurisdiction and powers, etc., and

for other purposes.



Referred to Committee on Counties and County }fatten.

By Mr. Shannon of Monroe (by request)-

A bill to amend section 1496, volume 1 of the Code, which relates to the State Board of Pharmacy.
Referred to Committee on Counties and County 1\latter.'l.
By Mr. Howard of Baldwin-
A bill to make an appropriation to the trustees of the State University for the use of the State Normal and Industrial School at Milledgeville, and for other purposes.

Referred to Committee on Appropriations.
19 h j

290

JOURNAL OF THE HOUSE.

By lfr. Howard of Baldwin-

..:\. bill to amend an Act to define the composition anJ appointment of the trustees of the State University.

Referred to Committee on State University.

By Mr. Brinson of Decatur-

A bill to amend section 3771 of the Civil Code, relative to time of filing writs of certiorari, and for other purpose;;.

Referred to General Judiciary Committee.

1~y unanimous consent the following bill was withdrawn from the Special Judiciary Committee, read second time and rcreferre(l to the Committee on Corporatiom;, to wit:

By Mr. Cook of Telfair-

A bill to amend an Act to incorporate the town of ~L.) Rae, and for other purposes.

The following bill was read second time aJHl recommitte(l to the Committee on ways and :Means, to wit:

. H"v Mr. Candler of DcKalb-
A bill to provide for the retum of all real a]1(l persmtal prope:rty of pcr:-m1R and corporation for taxation; to prJvide for a Lomd of tax assessors, an(l for otl1er purposes.

.Mr. Hnll of Bi!,L, m'ovetl that beginning with ::\Ionclay, Xo\'ember 17th instant, the llonse meot at H o'<'lock in tlw morning, which motion preYailed.

Tlw hour of adjournment lu:ning l)ccn reached, the Speaker declare(l the Honse adjourned until 10 o'clock tqmorrow mornmg.

THURSDAY, NOVEMBER 13, 1902.

291

Atlanta, Georgia. Thursday, November 13, 1002.

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.

The roll was called and the following members answered to their names :

Adams, Akin, Alexander, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell of Emanuel, Hell of Milton, Blackburn, Booth, Bowen, Bower, Boykin, Brinson, Brock, Brown, Bruce, Buchan, Buchannon, Burton, Butts, Ualvin, Candler, Uann,

Uarr, Carrington, Carswell, Uliatt, Conner, Uook, Cromartie, Urumbly, Daves, Davis, Davison, Deal, Derrick, Dozier, Duckett, Duggan, Dunbar, Edwards, gnglish, Ennis,
~vans,
Felder, Fields, Flanigan, Flynt, Foster of Oconee, Foster of '!'owns,

Franklin, l<'ussell, Gaulden, George, Glenn, Grenade, Grice, Grittln, Hall, Harden, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of Uarroll, Hixon of Sumter, Holder, Houston, Howard of Baldwin, Howard or LaurPnS, Howell, Hutcheson, .Tohnson or Bak.,., .Tohnson of Ulinch, .Johnson of Crawford, Jones of Dougherty,

------

292

JOURNAL OF THE HOUSE.

Jones of Pickens, Newton,

Singletary,

Kelly, Kendrick,

' 4.!.. Nisbet,
Owen,

Slaton, Spence,

Kent,

Overstreet,

Stanford,

Kilburn,

Parker,

Steed of Uarroll,

Knight,

Pate of Dooly,

Steed of Taylor,

Knowles,

Pate of Gwlnuatt, Stewarc,

Lane,

Paulk of Uotfee,

Stovall,

Lanier,

Paulk of Irwin,

Strickland,

Lawrence,

Peyton,

'l.'hompson,

Little,

Phillips of J etferson, Thurman,

Lowe, l\Iann, Maples, Martin, Mayson, Miller of Bullock, Miller of 1\luscogee, :\!ills, .\litcham,
~litchell,
:\lizell, .\loses, Mulherin, McBride, :\lcUurry, McElmurray, McHenry, McLain,

Phillips of Quitman, Tigner,

Preston,

'l.'racy,

Proctor,

Underwood,

Hainey,

Valentine.

Hankin,

'Valker of Monroe,

Hawls,

"'alker of Pierce,

Held,

warren,

R1ce,

"'atson.

!Uchardson,

'Velch,

Ridley,

'Vellborn,

Rogers Rogers

of of

Hall, Mcintosh,

'Vest, Whitley,

Hoper, Hountree, Sanders, Shackelford,

'Vii son, Wise,
"'omble, "'ooten. Yates.

Shannon,

1\Ir. Speaker.

Those absent were :Messrs.-

Alford, Bush, Hardeman,

Morton, :ucuae.

O'Quinn, Redwine,

~fr. Flanigan, of the Committee on ;ronrnali!, reported
.r 1hat the onrnal of yesterday's procee<lings harl been ex-
aminecl and found correct.
On motion of 3[r. Franklin of \Vashington, the reading of the .Journal was dispensed with.

. THURSDAY, NOVEMBER 13, 1902.

29::S

}Ir. :Franklin of Washington, moved to reconsider the action of the House in refusing to recommit House bill No. 9 to the Special Judiciary Committee, which motion prevailed, and the bill was rereferred.

At the request of Mr. Thurman of Walker, House bill :No. 199 was withdrawn from the General Judiciary.and referred to the Special Judiciary Committee.
The following resolution was read and ordered to lay over for one day, to wit:

By Mr. Bell of Paulding-

A resolution providing for a committee of five to investigate the Soldiers' Home and report to the General Assembly as soon as practicable.

By unanimous consent obtained on yesterday, and under the head of unfinished business, the following bill was read the third time and put upon its passage, to wit:
By ~dr. Rainey of Terrell-

A bill to amend the Act to incorporate the town of Susser, in Terrell county, 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.

The bill having received the requisite constitutional majority was passed.

The following resolution was read and on motion of Mr. Hall of Bibb, the same was referred to the Committee on Hules, to wit:

294

JOURNAL OF THE HOUSE.

By Mr. Hall of Bibb-

Resolved by the IIouse) That no request for unanimous consent to read bills a third time shall be entertained by the Chair, or submitted to the Honse.

Umler the head of unfinished business the follmYing bills were read the first time and appropriately referred, to wit:

By Mr. Brinson of Decatur-
A bill to amend section 4, paragraph 3, articl<' a of the
Constitution, fixing the time of holding sessions of the General Assembly.

Referred to Committee on Constitutional Amendments.

By ~Ir. Preston of Jasper-

A resolution requiring all general hills to be printed and placed upon the desk of each member of the House.

Referred to Committee on Rules. By 1ft. Knowles of Floyd-

A bill to authorize corporations or persons operating o:r constructing a system of sewerage in an incorporated city to condemn, purchase and lease rights of way, and for other purposes.

Referred to General Judiciary Connnittee.

By l\fr. l\IcHenry of Floyd-
A bill to amend section 4082, volume 2 of the Code, which prescribes certain duties for justices of the peace, and for other purposes.

THURSDAY, NOVEMBER 13, 190~.

295

I!eferred to General Judiciary Committee.

By ~Ir. l3rinsou of Decatur-

A bill to regulate the sale of Georgia can syrup, and f01~ other purposes.

.Referred to Special Judiciary Committee.

. Under the head of unfinished business the following bills were rend the second time, to wit:

By :Mr. Bush of :Miller-
A bill to create and maintain a dispensary in the town of Colquitt.

By :Ur. Beauchamp of Butts-
A bill to repeal an Act to establish the county court of Butts county.
At the request of !ir. l\Iulherin of Hiclnnon<l, How;:~ bill No. 13 was recommitted to the Special Judiciary Committee.

Mr. Shackleford ,chairman of the Committee on Corporations, submitted the following report:

1lfr. Speaker:

The Committee on Corporations have had under consideration the following bills of the House, which they instruct me to report back to the House with the recommendation that the same do pass, to wit:

By !iessrs. Steed and Hixon of Carroll-

A bill to be entitled an Act creating a new charter for town of Temple.

296

JOURNAL OF THE HOUSE.

By .Mr. Ayres of Polk-

A bill to he entitled an Act to amend the charter o Cedartown.

By Mr. Cook of Telfair-

A bill to be entitled an Act to amend an Act incorporating the town of :McRae.
Respectfully snbmitted. Tnos. J. SHACKELFORD, Chairman.

:Mr. Slaton, chairman of the General Judiciary Committee, submitted the following report:

Mr. Speal.;er:

The General Judiciary Committee have had under consideration the following House bill, which I am instrucb'd to report back with the recommendation that it do pass as amended, to wit:

A hill to prohibit any person or persons or association of persons to operate any railroad in this State, or to maintain any railroad along or across any public roads or streetR in thiR State, or to obstruct any public roads or streets in this State, unless they shall first become incorporated under the general laws of this State, and for other purposes.

Also, the following House resolution with the recommendation that it do pass as amended, to wit:

A resolution for the relief of V. T. Sanford, former taxcollector for Floyd county, and his surety.
Respectfully submitted. JouN M. SLATON, Chairman.

THURSDAY, NOVEMBER 13, 1902.

297

:Mr. Slaton, chairman of the General Judiciary Committee: submitted the following report:

Ml'. Speaker:

The Genral Judiciary Committee has had under consideration the f(illowing House bill, which I am instructed to report with the recommendation that the same do pass as amended, to wit:

A bill to amend an Act amending paragraph 7 of section 107 of the Code of 1895, approved December 20, 18!)8, and for other purposes.
Respectfully submitted.
JOHN ~L SrJATON, Chairman.

~ir. Shannon, chairman of the Committ?e on Counties and County Matters, submitted the following report:

Mr. Speaker:

Thtl Counties and County Matters Committee have ha<l under consideration the following House bill and recommend that the same do pass:

By :Mr. Shannon of 1\fonroe-
An Act to amend paragraph 3 of section 1:1-!)6 of volume 1, Code of Georgia of 1895, and for other purposes.
By Messrs. Candler and Mayson of DeKalb-
An Act to create a Board of Commissioners of Road~ and Hevenues for the county of DeKalb, and for other pur poses.

298

JOURNAL OF THE HOUSE.

By Mr. Newton of Colquitt--
An Act to incorporate what has heretofore been knoW!! ne tmm of Obe, into the town of X onnan Pnrk, iu C.)lqnitt county.

By ~Jr. NiRbet of Burke-

An Act to abolish the city eonrt of \Vaynesboro, and for other purposes.
By ~fr. ~fcElmnrray of Burke--

An 1\et to establish the city court of \Yaynesboro, and for other purposes.
Respectfully snbmitted. Jxo. K. SII.\NNON, Chairman.

~Ir. Little, vice-chairman of the Committee on Corporations, snbmitted the following report :

JJlr. 8peal.:er:

Your Committee on Corporations haYe had umler consideration the following bills and recommend that the same do pass:

Honse bill No. 111. House bill I\o. 110.

Huse bill No. 143.

Respectfully submitted.

LITTLE, Vice-Chairman.

THURSDAY, NOVEMBER 13, 1902.

2.99

By unanimous consent the following bills were reaJ the :first time anu appropriately referred, to wit:

By :Mr. Jones of DoughertyA bill to change and extend the corporate limits of
Albany, and for other purposes. Referred to the Special .Judiciary Committee.
By :Mr. Edwards of :MarionA bill to amend the chartm of the Buena Vista Laot
anJ Savings Bank, and for other purposes. Referred to Committee on Banks and Banking.

By :Mr. Ke1ly of Glascock-
A bill to repeal an Act to create an Advisory Board of Commissioners for Laurens and Glascock counties, and fo~ other purposes.
Ueferred to the Special .Tudiciary Committee.
By :Mr. Rawls of Effingham-
A bill to amend section 2321, volume 2 of the Co(le, relative to damages to stock by running trains, and for other purposes.
Referred to the Special Judiciary Committee.
By l\fr. Almond of Rockdale-
A bill to create a Board of Commissioners of Roads awl Hevenues for Rockdale county.
Referred to Committee on Counties and County :Matters.

300

JOURNAL OF THE HOUSE.

By :Mr. Conner of Bartow-

A bill to amend an Act to establish a city court in tlw county of Bartow, and for other purposes.
Heferred to the Special J ud.iciary Committee.

The following bills were read the third time and put upon their passage, to wit:

By :Nlr. Hainey of Terrell-
A bill to amend the charter of the city of Dawson, so as to reduce the salary of the mayor, 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.
The bill having received. the requisite constitutional majority, was passed.

By J.fessrs. Alexander and. Grenade of Wilkes-
A bill to establish a county court for the county of Wilke~ and to repeal the Act to create the city court of \Vashington, Georgia, and for other purposes.
The report of the committe, which was favorable to the passage of the bill, was agreed to.
On pasage of the bill the ayes were 100; nays, 0.
The bill having received the requisite constitutional majority, was passed.

THURSDAy, NOVEMBER 13, 1902.

301

By Mr. Rogers of Mcintosh-

A bill to change the time of holding the fall term of th~ Superior Court of Mcintosh county, and for other pu~.: poses.

The report of the committe, which was favorable to th; passage of the bill, was agreed to.

On passage of the bill the ayes were 10(); nays, 0.

The hill having received the requisite constitutional mD jority, was passed.
By Mr. McHenry of Floyd-
A bill to amend an Act to incorporate the city of Rome, and for other purposes.
The report of the committee, which was favorbalc to tlEl passage of the bill, was agreed to.
On passage of the bill the ayes were 101; nays, 0.

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

By Mr. Franklin of Washington-

A bill to am0nd section 107 of the Code relatiYc to contested elections, and for other purposes.
The committee proposed to amend by striking the words "or an affidavit of qithcr party that he :fears he will not receive substantial justice," and inserting in lien ther". of the following to follow the last liuc of said Act, to wit: ''Provided, however, the contestant in all cases shall ha\'8 1he right to app~y to the Governor to name some judge oi

:302

jOURNAL OF THE HOUSE.

the Superior Court, resitling out of the circuit where the contest arises to hear said contest, and upon said application the Governor shall designate a judge residing out of the circuit wherein the contest arises who shall hear and determine said contest."
The amndment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On passage of the bill the ayes were !)8; nays, 0.
The bill having rcceiYcd the requisite constitutional majority, was passed as amended.
By :Messrs. Slaton, Houston and Blackburn of Fulton-

A bill to amend tJw charter of the city of Atlanta, and for other purposes.

The committee offered a substitute to the above bill.
:Messrs. Houston, Blackbnrn and Slaton of Fulton, offered the follmYing amendments to the substitute offered by the committee, which were read and adopted, to wit:
l. Amend by striking section G and add the following, to be knu\\"n as section G, to wit:
Section G. Be it enacted by the authority aforesaid, That section 2 of Act amcndinp; tlw charter of the city of Atlanta, approved on the third day of September, 1,;;81, which Act is published on pages ~31)8 to 365, inclusive, in the Georgia Laws of 1880 an<l 1SSl be, and the same is. hereb.v amended by ad<ling thereto the following: "And the said mayor and general conneil arc fnrthcr authorized and empowered to adopt by ordinance a system cqualizin~

THURSDAY, NOVEMBER 13, 1902.

303

said assessments by estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street, or portion of street so improved, in proportion to the number of front feet on each lot or parcel of land abutting on such street," so that said section, when amended, shall read as follows: "Section 2. That in order to fully carry into effect the m. thority above delegated, said mayor and general council shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including all necessary curbing for the same, on the real estate abut ting on the street, and on the side of the street on which the sidewalk is so improved, and that said mayor and general council are further authorized and empowered to adopt by ordinance a system of equalizing said assessments by intimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its Irontage on the street or portion of street so improved, in proportion to the number of front feet of each lot or parcel of land abutting on such street or portion of street."
Sec. 7. Be it further enacted by the authority aforesaid, That section 3 of said Act, amending the charter of the city of Atlanta, approved the third day of September, 1881, he amended as follows: By striking the words "one-third," in the second line of said section 3, and inserting in lien ther0 of the words "two-thirds," and by adding after the wor<l "improved," in the fifth line of said section 3, to precede all amemlments thereto, as to place, the following: "And the said mayor and general council are further authorized anr[ empowered to adopt by ordinance a system of equalizin~ said assessment by estimating the total cost of each improvement made, aml prorating the cost thereof on thereat estate according to its frontage on the street or portion 0f street so improved, in proportion to the number of front

304

JOURNAL OF THE HOUSE.

ff)et of each lot or parcel of land abutting on such street or portion of street," so that said section 3, when so amended; shall read as follows: "Section 3. That said mayor and general council shall also have full power and authority to assess two-thirds of the cost of grading, paving, macadamizing, constructing side-drains, cross-drains, crossings, and otherwise improving the right of way or street proper, on the real estate abutting on each side of the street improved, and the said mayor and general council arc further authorized and empowered to adopt by ordinance a system of equalizing said assessment by estimating the total cost of each imprm"ement made, and prorating the cost thereof on the real estate according to its frontage on tho street or portion of street so improved in proportion to tho numbeL of front feet of each lot or parcel of land abutting on such street or portion of street. One-third of said cost to be so assessed as heroin provided, upon tho real estate abuttin~ on one side of the street thus imprmed, and one-third of said cost to be assessed, as herein provided, upon the rca~ estate abutting on the other side of the street so improved, in this way making up two-thirds of the cost to be assessecl against the abutting property owners as above providocl. This amendment, however, not to operate in any sense ao repealing or qualifying any of the provisions of section 3, of an Act amending the charter of the ciy of Atlanta approved on December 10, 1897, and published in Georgia La"s of 1897, on pages 145 and 14G.

Sec. 8. Be it further onacte<l by the authority aforesaid, That all existing ordinances passctl by mayor and general co1mcil of the city of Atlanta, providing for assessments for cost of street and sidewalk paving and curbing, on the basis of frontage of abutting property in proportion of front feet thereof, and all assessments made in pursuance

THURSDAY, NOVEMBER 13, 1902.

305

thereof, and all executions issued thereon be, and the same are, hereby confir~d and validated. Said ordinances, as1'iessments, and executions shall be recognized and enforced and given as full effect and authority as if passed under the provisions of the two preceding sections of this Act.

Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.

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

On passage of the bill the ayes were 104, nays 0.

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

By Mr. Cook of Telfair-

A bill to establish the city court of ~feRae, in and for the county of Telfair.

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

On passage of the hill the ayes were 93; nays, 0.

The hill having received the requisite constitutional majority was passed.

By Mr. Cook of Telfair-

A bill to amend an Act to incorporate the town of ~feRae in the county of Telfair, and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was pgreed to.
20 hj

306

JOURNAL OF TH~ HOUS~.

On passage of the bill the ayes were 103; nays, 0.

The bill having received the reguisit'e constitutional majority was passed.

By :Mr. Akin of Bartow--

A bill to repeal an Act to create the office of special agent of the Western & Atlantic Railroad, and for other purposes.

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

l\fr. Wilson of Clay, called for the previous question, which call was sustained, and the main question ordered.

On the passage of the bill, :Mr. Blackburn of Fulton, called for the ayes and nays, which call was sustained, and on taking the ballot viva. voce the vote was as follows:

Those voting in the affirmative were :Messrs.-

Adams, Akin, Alexander, Almond, Baldwin, Beall, Beauchamp, Bell of Milton, Bower,
Boy kin, Brinson, Brock, Brown, Buchannon, Burton, Bush, Butts, Calvin,

Candler, Carr, Canington, Carswell, Cliatt, Conner, Cook, Cromartie, Crumbly, Daves, DaYis, Deal, Dozier, Duckett, Dug-gan, Dunbar, Edwards, English,

EYana, Feldet, Fields, Flanigan, Foster of Oconee, Franklin, Gaulden, Ulenn, Grenade, Grice, Hall, Harden, Hawes. Hendry, Henry, Hicl.:s, Hixon of Carroll, Hixon of ::lumter,

THURSDAY, NOVEMBER 13, 1902.

307

Holder,

McBride,

Roper,

Houston,

McCurry,

Rountree,

Howard of Laurens, McElmurray,

Sanders,

Howell,

McLain,

Sliackelford,

Hutcheson,

Newton,

Singletary,

Johnson of Baker, Nisbet,

Spence,

Johnson of Clinch, Overstreet,

Stanford,

Johnson of Orawford,O'Quinn,

Steed of Carroll,

Jones of Dougherty, Parker,

Steed of ~aylor,

Jones of Pickens, Pate of Dooly,

Stewart,

Kelly,

Pate of Gwlnnett, Stovall,

Kendrick,

Paulk of Oolfee,

~'hompson,

Kent,

Paulk of Irwin,

Thurman,

Knight,

Peyton,

Tigner,

Lane,

Phillips of Jefferson, Tracy,

Lanier,

Phillips of Quitman, Underwood,

Little,

Preston,

Valentine,

Lowe, Mann, Maples, Martin, Miller of Muscogee, Mills, Mitcham, Mitchell, Mizell, Moses,

Proctor,

Walker of Monroe,

Rainey,

walker of Pierce.

Rankin,

'Vatson,

Rawls,

Welch,

Reid,

Whitley,

Rice,

'Vilson,

Richardson,

Wise,

Ridley,

Womble,

Rogers of Hall,

"roo ten,

Rogers of Mcintosh, Yates.

Those voting in the negative were Messrs.-

Ayres, Blackburn, Bruce, Davison,

. Derrick,
~'lynt,
Fussell, Griffin,

Howard of Baldwin, Mayson, Slaton, Wellborn,

Those not voting were Messrs.-

Alford, Arnold, Bell of Emanuel, Booth, Bowen,

Buchan, Oann, Ennis, Foster of ~owns, George,

Hardeman, Hayes, Kilburn, Knowles, Lawrence,

308

JOURNAL OF THE HOUSE.

Miller of Hullock,Morton, Mulherin, McHenry,

McHae, Owen, Hedwine, Shannon,

Strickland, 'Varren, West. Mr. Speaker.

By unanimous consent, the verification of the roll-call W'as dispensed with.

On the passage of the bill the ayes were 135; nays, 12.

The bill having received the requisite constitutional majority was passed.
By l\fr. Hall of Bibb-
A bill to prohibit railroa<ls, telegraph and telephone companies and other corporations from granting any pass or other favor to any public officer in this State, and for other purposes.
On motion of :l\fr. Stee<l of Taylor, the above bill was made the special order for Tuesday uext, immediately after the confirmation of the .Tournal.
By unanimous cousent, the following bill was read the second ti1~10, to wit:
By 1\fessrs. Alexander and Grenade of wilkes-

A bill to repeal an Act to establish a dispensary in the city of Washington, Ga.
The following message was received from the Senate, through :Mr. N orthen, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by the .requisite constitutional r:;.ajority, the following bills of the S0nate, to wit:

THURSDAY, NOVEMBER 13, 1902.

309

A bill to amend the charter of the town of Flintstone,
~
Walker county, Georgia.

A bill to provide for the payment of costs and fees in cases in which service is performed by special criminal bailiffs.

A bill to amend section 691 of volume 3 of the Code of 18fl5.

A bill to repeal section 397, volume 3 of the Code of Georgia.

The Senate has also passed the followi'ng bills of the House, to wit:
A bill to authorize and empower the Commissioners of Hoads and Hevenues of Bihb county to contribute toward the support of the :Macon hospital.

A bill to create a Board of Commissioners of Roads and Revenues for Johnson county.

The Senate has also concurred in the following joint resolution of the House:

A resolution appointing a joint finance committee m accordance "ith section 304 of the Code of Georgia.

Mr. Jones, chairman of the Committee on Banks, submitted the following report:

.Jt!I;. Speakcr:

Your Committee on Banks and Banking have had under consideration House bill number 82, and instruct me, as their chairman, to report the same back with the recommendation that the same do pass as amended, to wit:

310

JOURNAL OF THlt HOUSlt.

A bill to be entitled an Act to amend section 982 of the Code of Georgia, by adding the town of Hartwell to the list of State depositories.
Respectfully submitted,
ED. R. JoNEs, Chairman.

The next bill for a third reading was-

By ~Ir. Flynt of Spalding-

A bill to amend section 2145 of the Code, relative to insurance compa~ies, and for other purposes.

Before the report of the committee was agreed to, :M:r. Mitchell of Thomas moved to adjourn, which motion prevailed.

Leave of absence was granted the following:

Mr. Harden of Chatham, ~fr. Knowles, Mr. Singletary, Mr. Burton, :Mr. Lanier, Mr. Johnson of Baker, J\ir. Stewart.

The Speaker then announced the House adjourned until 10 o'clock to-morrow morning.

FRIDAY, NOVEMBER 14, 1902.

311

Atlanta, Georgia. Friday, November 14, 1902.

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 Rev. Wm. Dunbar.

The roll was called and the following members answered to their names :

Adams, Akin, Alexander, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell of Emanuel, Bell of M!lton, Blackburn, Booth, Bowen, Bower,
Boykin, Brinson, Brock, Brown, Bruce, Buchan, Buchannon, Bush, Butts, Calvin, Candler,

Cann, Carr, Carrington, Carswell, Conner, Cook, Cromartie, Crumoty, Daves, Davis, Davison, Deal, Derrick, Dozier, Duckett, Duggan, Dunbar, Edwards, English, Ennis, Evans, Felder, l!'ields, Flanigan, l<'lynt, l!'oster or Oconee,

Foster or '!'owns, l'rauklln, l<'ussell, Gaulden, George, Glenn, Grenade, Grice, Grltl!n, Hall, Hardeman, Harden, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of CalToll, Hixon of l:lumter, Holder, Houston, Howard of Baldwin, Howard of Laurens, Howell, Hutcheson, Johnson or Baker,

312

JOURNAL OF THE HOUSE.

Johnson of Clinch, ~IcLaln,

Shannon,

Johnson of Crawford,Nisbet,

Singletary,

Jones of Dougherty, Owen,

Slaton,

Jones of l'lck~ns, Overstreet,

Spence,

Kelly,

O'Quinn.

Stanford,

1\:endrick,

Parker,

Steed of Carroll,

Kent,

Pate of Dooly,

Steed of 1'aylor,

Kilburn,

Pate of Gwinnett, Stewart,

Knight,

Paulk of Coffee,

Stovall,

Knowles,

Paulk of Irwin,

Strickland,

Lane,

Peyton,

'.fhompson,

Lawrence,

Phillips of J etrerson, Thurman,

Little,

Phillips of Quitman, Tigner,

Lowe,

Preston,

Tracy,

Mann, Maples, l\Iartln, Mayson, Miller of Muscogee, Mills, Mitcham, Mitchell, Mizell, Moses, Mulherin, McBride, McCurry, McElmuiTay, McHenry,

Proctor,

Underwood,

Rainey,

Valentine,

Rankin,

walker of Monroe,

Rawls,

Walker of Pierce,

Redwine,

warren,

Reid,

'Vatson,

Rice,

'Velch,

Richardson,

Wellborn,

Ridley,

'Vest,

Rogers of Hall,

Whitley,

Rogers of Mcintosh, wilson,

Roper,

Wise,

Rountree,

Womble,

Sanders, Shackelford,

'Vooten, Yates, 1\Ir. Speaker.

Those absent were :Messrs.-

Alford, Burton, Cliatt,

Lanier, Miller of Bullock, .l\forton,

McRae, Newton,

:Mr. Flanigan, of the Committee on J ourna1s, reported that the .Tournal of yesterday's proceedings had been examined and found correct.
The Journal was then read and confirmed.

FRIDAY, NovEMBER 14, 1902.

313

On motion of :Mr. Kent of Johnson, House bill No. 168 was recommitted to the Committee on Counties and County l\fatters.
The following resolutions were read, to wit:
By :Mr. Parker of Talbot-
A resolution extending the privileges of the floor to Col. J. J. Bull, W. J. Thornton and W. S. Dennis of Talbotton.
Referred to Committee on Privileges of Floor.
Ry,l\fr. Kelly of Glascock-
A resolution to make House bill No. 11, known as the "Australian Ballot Bill," the special order for Wednesday, November 19th, immediately after the reading of the ,Journal.

Referred to Committee on Rules.
Under the head of unfinished business the following bill was taken up and put upon its passage, the same having been read for the third time on :yesterday, to wit:

Ey :Mr. Flynt of Spalding-
A bill to amend section 2145 of the Code, relative to insurance companies, and for other purposes.

The following amendment was read and adopted, to wit:

By Mr. Felder of Bibb-
Amend by striking out the following words wherever they appear, to wit: "when it solicits business or collects premiums."

314

JOURNAL OF THE HOUSE.

The report of the committee, which was favorable to the past:~age of the bill, was agreed to as amended.
On passage of the bill the ayes were 103, nays 0.

The bill having received the requisite constitutional majc.rity wa:;: passed as amended.
By unanimous consent the following House bills were read the second time and recommitted to the Committee on Corporations, to wit:

By l\Ir. Dunbar of Richmond-

A bill to authorize the village of Summerville to issue bonds.

J3y ::vir. Dunbar of Richmond-

A bill to authorize the village of Summerville to establi:;:h and maintain cemeteries.

At the request of :Mr. Houston of Fulton, House bill No. ~ 8 was recommitted to the Special Judiciary Committee.

Mr. Davis, chairman of the Committee on Appropriations, submitted the following report:

.Mr. Speaker:

The Committee on Appropriations have had under conBideration the following bill of the House and recommend the same do pass :

A resolution appropriating part of rental of Mcintosh

I"eserve to preservation of Indian Spring.

Respectfully submitted,

C. L. DAvis, Chairman.

FRIDAY, NOVEMBER ] 4, ] 902.

315

:Mr. Flynt, chairman of the Committee on Special JuJiciary, snhmitted the following report:
111.r. Bpeaker:
Your committee having had under consideration House hill :No. 27, by }lessrs. II ixon and Steed of Carroll, to extend the powers of the railroad commission of this State, relative to receidng, receipting for and forwarding all freights tendered them for transportation, instruct me, as their chairman, to report the same back to the House with the recommendation that it do pass as amended.
Respectfully submitted, J. J. FLYN'l', Chairman.

1\fr. Hawes, chairman of the Committee on Pensions, submitted the following report:

..Mr. Speal,e1:

The Com!Jlittee on Pensions have had under consider.ation the following resolution, which they instruct me, as their chail'man, to report back to the House with the recommendatioH that the same do pass, to wit:

A regolutiou to appropriate the sum of $60.00 to pay the pension due 1.\Irs. :Martha I .... Hattoway.

The committee have also had under consideration the following resolution and bill, which they instruct me to report back with the recommendation that they do not pass, to wit:
.A resolution authorizing the payment of the pension due JVIrs. Harriet E. Malone.

316

JOURNAL OF THE HOUSE.

A bill to provide for the appointment of a board of official pension examiners for the State of Georgia, etc.
Respectfully submitted, P. }.I. HAWEs, Chairman.

1.lr. Shannon, chairman of the Committee on qounties aml County 1.1atters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County :Matters have had under consideration the following bills, and instruct me, as their chairman, to report back the same to the House with the reco1mnendation that the same do pass, to wit:
A bill to change the time of holding Greene county superior court.
A bill to create a board of commissioners for the county of Hockdale.

A bill to amend an Act creating a city court for the city of vVa~cross.

A bill to amend an Act creating a city court for Waycross, in thr: county of vVare, so as to provide for the payment of a salary to the solicitor of said court.

A bill to ameml an Act creating a city court for the city of \Vaycross, so far as refers to the clerk of said court.
Respectfully submitted.

Mr. Little, vice-chairman of the Committee on Corporations, submitted the following report:

FRIDAY, NOVEMBER 14, 1902.

317

Mr. Speaker:

Your Committee on Corporations having had under consideration House bill No. 73, a bill to be entitled an Act
a to provide new chinter for the town of Edgewood, in the
county of DeKalb, etc., report the same with the recommendation that the same do pass as amended.
HeRpectfnlly submitted,
LtTTLJ~, Vice-Chairman.

Mr. Conner, chairmvn of the Committee on Special Agricul tme, RU bmitted the following report:

Mr. Speaker:

The Committee on Special Agriculture beg leave to re port ha0k to the House Honse bill No. 249, with a recommendation that the same do pass:
Respectfully submitted,
.T. S. J\IIzEu,, Secretary. J. J. CoNNER, Chairman.

The following message was received from the Senate through J\1r. N orthen, the Secretary thereof:

]{r. 8 pealcer:
The Senate haR passed by the requisite constitutional majority the following bills of the House, to wit:

A bill to amend section 739 of the Code of Georgia, touching eligibility of councilmen, and for other purposes.
A bill to incorporate the Tennille school district, in 'Vashington connty; to provide revenue for schools, and to provide a board of education.

318

JOURNAL OF THE HOUSE.

A bill to abolish the county court of Screven county.

On motion of Mr. Steed of Taylor, the call of the roll of counties was di,:penseo with, and the following bills were introduced, read the first time and appropriately referred, to wit:

By :Mr. :Morris of Cobb-

A bill to fix a salary for the clerks of ordinary of this State, and for other purposes.
He:ferred to General Judiciary Committee.

By llfr. Steed of Taylor (by request)-

A hill to establish one or more dispensaries in the county of Taylor, and for other purposes.

Referred to Committee on Temperance.

By l\Iessrs. Knight of Berrien and Paulk of Coffee--

A resolution for the relief of E. A .Buck, of Berrien county.

Referred to General Judiciary Committee.

By :Mr.,11orris of Cobb (by request)-

A resolution to pay pension of E. J. Simpson, of Cobb county, to his widow.

Referred to Committee on Pensions.

By Mr. :McBride of I.ee-
A bill to prohibit the sale of spirituous and malt liquors in the county of Lee, and for other purposes.

FRIDAY, NOVEMBER 14, 1902.

319

Referred to Committee on Counties and County Matters.

By Mr. C1mdler of DeKaJb (by request)-

A resolution to make appropriation to enable the trustees of the Soldiers' Home to lay down and construct a water main from the city of Atlanta to the Soldiers' Home, and for other purposes.

Referred to Committee on Appropriations.

By Mr. Eelder of Bibb-

A bill to amend an Act to create a prison commission for the State of Georgia, and for other purposes.

Referred to Committee of the v\"1lole House.

On motion of 1\h. Felder, 300 copies of the above bill were ordered printed for the use of the House.

By Mr. Henry o:f Murray-

.A bill to repeal articles 1, 2, 3, 4, 5, 6, 7, S, 9, 10, 11 and 12 oichapter 2, volume 1 of the Code of Georgia, relative to registration of voters, and for other purposes.
Referred to General Judiciary Committee.

By 1\fr. Owen of Pike-
A bill to incorporate the Vega school district, of Pike county, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Fields o:f Dooly-
A bill to increase the salaries of the jud~es of the superior courts of this State, and for other purposes.

320

JOURNAL Olt THE HOUSE.

Referred to Special .Tudieiary Committee.

By :Mr. Calvin of Richmond-

A hill to fix and regulate the fees of notaries public and Dther officers of this State, and for other purposes.
Referred to Committee on Banks and Banking.

By :Mr. Blackburn of Fulton-

A hill to amend an Act providing for the acceptance of the Soldiers' Home by the State of Georgia, and for other purposes.

Referred to General Judiciary Committee.

By :!\fm;srs. Hawes and ~fartin of Elbert, Boykin of Lincoln, and Alexander and Grcna<le of wilkes-

A hill to regulate the traffic in sePd cotton in the counties of Elbert, wilkes and Lincoln, and for other purposes.

Referred to Committee on Counties and County 1\fatters.

Ry :!\[r. Calvin of Richmond-

A bill to amend section 164-3, volume 1 of the Code, which authorizes Confederate sol<liers to conduct the business of traveling life insurance agents, and for other purposes.

Referred to Committee on Pensions.

By ~Jr. \Vcllborn of Union-

A hill to amen(l section 462 5 of the Civil Cocle, relativP. to the with<lrawal aH<l refiling of certain claims, and for Dther purposes.

FRIDAY, NOVEMBER 14, 1902.

321

Referred to General Judiciary Committee.

By :Mr. Phillips of Jefferson-

A bill to amend section 982, volume 1 of the Code, rel ative to State depoaitories, and for other purposes.

Referred to CommitteE, on Banks and Banking.
:By :Ufr. Wellborn of Union-
A bill co an,0:1d seetion 46.'213 of the Civil Code, which presc<ites tho f(!rm o:f: oath to be administered to juries in claim ca3es, and for other pur1)0ses.

Rderred to General Judiciary Committee.
The following message was received from the Senate thro11gh ~fr. N orthen, the Seeretary thereof:

Jlr. S pealcer:

The Senate has concmred in the following joint resolution of the House as amended:
A resobtion that no session of the General Assembly be held on Thanb;giving Day, and that said day be dies non.

By unanimous consent the .following bill was read the El,cond time and recommitted, to wit:
By ~Jr. Crumley of Stewart--
A hill to create a rw1v charter for tlte town of I.nmpkin, in Stewart county.
21 h j

322

JOURNAL OF THE HOUSE.

At the request of l\fr. Bush of ~filler, House bill No. 228 was withdrawn fr<im the General and referred to the Special Agricultural Committee.

The next hill for a first reading was:

By :L\Ir. Wellborn of "C"nion-

A !Jill to llmend section 4()12 of the Civil Code, whi~h proviues for a hmHl in ela im cases, and for other purposes.

Heferred to Ge11eral Judiciary Committee.

By Mr. Paulk of Irwin-

A bill to incorporate the city of Ocilla, in Irwin county, and for other purpo,es.

Hefcrred to Committee on Counties and County :Matt~m~.

By ~Ir. Whitley of Douglas-
A bill to repelll an Act providing for the applicatiun of all public school funds to the Douglasville College that are distributed to school children within the corporate limits of said town, and for other purposes.

Referred to Special Judiciary Committee.

By l\:Ir. Paulk of IrwinA bill to repeal an Act to incorpo~ate the tuwri of Ocilla,
and for other purposes.

Referred to Committee on Counties and County ~Iatters.

. By l\fr. Paulk of Irwin-
A bill to establish a dispensary in the city of Ocilla, and for other purposes.

FRIDAY, NOVEMBER 14, 1902.

323

Referred to Committee on Counties and County Matters.

By l\fr. Paulk of IrwinA bill to maintain and operate a public school system in
the city of Ocilla, and for other pqrposes. Referred to Committee on Counties and County l\fatters.
By :Mr. Heid of CampbellA bill to require certain corporations to file and record
their charters, and for other purposes.
Referred to Special Judiciary Committee.

By :Mr. Howard of Baldwin-
A resolntimi requiring the superintendent of the State farm, near l\lilledgeville, to make certain imprm'ements 011 the grounds snrrounding the State Normal School, and for other purposes.
Referred to Committee on Education.

By :Mr. Hendry of Liberty-
A bill to provide for the trial' of all criminal cases returnable to the county courts without indictment or presentment by a grand jury, and for other purposes.

Referred to General Judiciary Committee.

By :Mr. Glenn of Whitfield-

A bill to prohibit the running of trains with two locomotives, and for other purposes.

324

JOURNAL OF THE HOUSE.

Referred to Committee on Corpora.tions.

By :Jlr. Cook of Telfair-

An Act to cltange a1Hl fix the time of holding tho superior courts of Telfair county.

Referrell to Special ,Jmlieiary Committee.

By 1Ir. Reid of Campbell-
A bill to mueml seetion 7!i7, Yolnme 1 ')f the Code, rcl~tiYc to the taxation of corporations, all(l for other purpose,.;.
Referred to Committee on \ Yays aml 1Ieans.
By Mr. Heid of CalllpLell-
A bill to amend section 7SO, Yolnme 1 nf the Cmle, relatiYc to eorporations who make retums to the ComptrollerGeneral, aml for other p11rpo,es.

Referred to Committee on \\'ays aml1Ieans. By ~\f r. Thompson of Hall-

..:\.. bill to pnn-ide for the rcmoYal of ohstruetion from the siream-; of Hnll connly, and for other purposes.

Referred to Committee on Conn tie:=; nml Cmmty :Jinttcrs. By :Jlr. watson of :JicDnflie-
c\ bill to amend sec! ion !J~:! nf the Cocle, relatiYo to State depositories, al\(1 :for other purposes.
Referred to Committee 011 Rmks ancl Banking.

FRIDAY, NOVEMBER 14, 1902.

325

By :Mr. Thunnan of vValker-
A bill to amend section 248 of the Code, "'hich prescribes who shall be llebarred from going on bond of a county officer, and for other purposes.
Referred to General Judiciary Committee.

By l\fr. IVatson 0f 1\fcDnffic-
A hill to provide for the payment of the insolvent costs of the constables, justices of tho peace and. notaries public in ~JclJnffic connty, mHl for other purposes.
Referred to Special Jmliciary Committee.

By Mr. Reid of Campbell-

A hill latiug to

to amenrl section the taxation of

77D, w>lnmc 1 of the property belonging to

Cnoodne-,rersoi--

dents, an<l for other pnrposes.

Heferred to Committee on \Yays aml :Means.

The follmring me"sagc was rPcciw<l fl'mn tho Senate through ~Ir. X orthcu, tho S(crotary thereof:

Mr. Spr:aler:

The Senate lws adopte<l the following joint resolution, in wl1i(~b the conemte1we of the Honse is asked, to wit:
A rcsolntion tci pa,v the a,lmiuistrator of the estate of the late Senator P ..T. Sulliran his pet diem and mileage.
The fo1lowi11g resolntions, \rhich were reported back from the Committee on Hnles, were read, h \vit:

326

JOURNAL OF THE HOUSE.

Ry -:\Ir. Hall of Bibb-

~\ rcso!ntion providing that no request for unanimou~ cmJSCJJt to n';l<l bills a third time shall be entertained by the Spcnker, or snbmittccl to the House.

The committee proposed to amcnd as follows: "Providi11g that this rule shall not apply to local or general bills.'"

The amcmlmcnt was lost.

The report of the committce was 'then agreed to.

On the a<loption of the resolution the ayes were 101, Hays 14.
Therefore, the resolntion having rcceivetl the reqni;;ite three-fourths majority was adopted.
Thcfollo\\ing rcsolntion, also rcportccl baek by the Committee on Hules, "as read, to wit:

By ).fr. Preston of .Taspcr-

..:\ resolution providing that all gcncral bills fanwably reported upon hy the committee, lJe printed for the nse of tlw Honse.

The committee offered the follo\\ing snhstitutc, to wit:
Rcsoll'ed> That beginnillg ).fon<lay, K onmbcr 17, that a daily pnbli~he<l calen<lar of business be pr<'p!ll'('f! hy tht'! clerk with the caption of the bills alHl r<'solntiom; therein state<l in the order in \vhich they arc subject to consideration by tlie IIon;;:c, aml a copy of the same he laid on the tlesk of each member before the opening of the House.

FRIDAY, NOVEMBER 14, 1902.

327

The substitute was lost.

Before the resolution could be disposed of the hour of adjournment arrived and the same went over as unfinished busin<;SS.

Ienvo of abscn0o was granted to 1\l:essrs. J\Gtcham, 1fizol1, Rainey, Tracy, Foster of Oconee, Johnson of Clincl, J\1 apies, Carr, Stricklaml, Booth, Steed of Taylor, I.awrence, Ri<llC'y, K cwton, Phillips of Quitman, Knight, \Ve'lt, Tlalclwin, Proctor, Cook, English, Hayes, J olm'lon of Crawford, Stanfor<l, Hichartlson, neal, Preston.

The hom of a<ljonrnmcut haYing arriYc<l the Speaker declarell the Hon~e adjourned until 10 o'clock to-morrow morning.

328

JOURNAL OF THE HOUSE.

Atlanta, Georgia.

SaturJay, N oYember 15, 1902.

The House met pursuant to adjournment at 10 o'clock a.m. this day; \\'as callcll to order by the Speaker and openeJ with prayer by the Chaplain.

The roll was callell aml the following members answered to their names:

Adams,

Crumbly,

Akin,

Daves,

Alexander,

Dozier,

Almond,

IJug;gan,

Arnold,

Edwards,

Ayres,

l~nnis,

Bell of .!!]manuel, B\ans,

Bell of Milton,

Felder,

Blackburn,

F i e ILls,

Booth,

Flanigan,

Bowen,

Flynt,

l~o,ver,

Foster of Townf',

Boy kin,

l'ranklin,

BrinsoD,,

Uaulden,

Brock,

George,

Brown,

( ~ lt.~un,

Bruce,

U r e n a de,

Bucllannon,

Urice,

Bush,

Hall,

Butts,

Hardeman,

Calvin,

I-I awes,

Candler,

Hendry,

Carswell,

Henry,

Cliatt,

Hicks,

Conner,

: ,-Hixon of Carroll,

Cromartie,

Holder,

Houston, Howard of Baldwin, Howard of Laurens, Howell, HutcllesoB, Jones of Dougherty, .Jones of l'iCkteUS, Kent, Kilbmn, Lane, Little, Lowe, ~I ann,
~Iat'tin,
!\Iayson, :\Iiller of ~luscogee,
~!ills,
Mitchell, :lfizell, Moses, :\Iulllerin, :\IcBride, :\IciJlmurray, :\IcHemy, Nisbet, ()wen,

gATURDAY, NOVEMBER 15, 1902.

329

Overstreet,

Rogers of Mcintosh, Tigner,

O'Quinn,

Hoper,

Underwood,

Parker,

Hountree,

\'alentine,

Pate of Dooly,

Sanders,

walker of Monroe,

Paullr of Uotree, Paulk of Irwin,

Shackelford, Shannon,

"'alker of Pierce, Welch,

Peyton,

Slaton,

Phillips of J etterson, Stee!l of Carroll,

Rankin,

StoYall,

Rawls,

Strickland,

Reid,

Thompson,

Ridley,

Thurman,

"'ell born, Whitley, "'tVise, womule, Yates.
l\Ir. Speaker.

Rogers of Hall,

Those nh,;;cnt wpre :Jiessrs.-

Alford, :Baldwin, :Beall, :Beauchamp, Buchan, Unrton, Dann, Carr, CaiTington, Cook, Davis, Davison, Deal, Derrick, DuckPtt, Dunbar, English, Foster of Oeonee, Fussell, Grittin,

Hartl en,

Pate of Gwinnett,

Haps,

Phillips of Quitman,

Hixon of Sumter, Preston,

Johnson of Baker, Proctor,

Johnson of Clinch, Hainey,

Johnson of Urawford,Ueliwlue,

Kell~.

Rice,

Kcmlricl,,

Hichardson,

Knight,

Singletary,

Knowles,

SllE'Ilf'e,

Lanier,

~:Hanford,

I .a wr.;uce,

~tPed of Taylor,

::\laples,

Stewart,

::\liller of Bullock, Tracy,

::\fiteham,

'Yarren,

:\lorton,

"'atson,

::\lcCnrry.

"'est,

~~reLain.

'Vilson,

:\lr'HUe,

"'ooten,

l\'ewtou,

~rr. Fl:~nig-aJl, of th0 Committee on .Tonmals, reported that the .ron mal of :n.;tlJc1ay's proePP<lings had been examinPd anti fomul currPct.

The J o11rnnl was natl nnd confirmed.

330

JOURNAL OF THE HOUSE.

~\t the request of JHr. Evans of \Yashington, House bill No. 88 was recommitted to the Committee on Banks and Ba11king.

.\ t the re<Jnest of ~[r. San<lers of IIe~ml, House hill ~o. 92 \ras recommitted to the Committee on Banks mul Bankmg.

Mr. \Varren, vice-chairman of Cnmmittc<~ on Spmial ,Judiciary, snlnnitte<l the following rrport:

lllr. Speaker:
Yom emntnittcc !~:wing luHlnnd<'l' C<msideration tlw folhmiJtg House hills, instrnct me, a~ tlwi~ ehairnwn, to report the same back with the reeoJimtcll<latiou that tlwy do pass:
B;v :\iessrs. Butts of Glyun and Prortur of Cmmlen-

.\hill to rrgnlatc and control tlte taking and catelting of fish and oyster,; from public \Yaters of this State.

By )Jr. J3ntts of Glynn--

A bill to amc1ul section 57;3 of the Prnal Code 18DG, by making it nnlnwfnl for :my one tn l1e fnnml in pos~ession of terrapin of a less size that fi,-e a11<l one-ha1f ind11~s.
B); ~[r_ :Jfelicmy of Floyd-

A bill to arnc1Hl the charter of the ci tv of Ro111e.
Your committee instructs me to report the following 1>ills to the Honse with the recor11mcu<1ation that tl1cy do pa;;~ as amended:

SATURDAY, NOVEMBER 15, 1902.

331

By :Messrs. Johnson of Clinch and Singletary of Thomas-

A bill to regulate the carrying of certain deadly weapons.

By 1-.Jr. Grice of PulaskiA bill to amend the local Act creating dispensaries m
Pulaski county.
By ~rr. Dunbar of Richmond-

A bill to increase the number of terms of the superior court of Richmond county.

By -1[r. Grice of PulaskiA bill to repeal section 27G:3 of the Code.

By :;\[r. Dunbar of Richmond-

A bill to create a honrtl of police commissio11ers for the city of Augusta, in this State.
By llfr. Kelly of Glascock-
A bill to reYise election laws of Georgia.

By Ues::;rs. Booth nntl Lawrence of Walton-

A bill to create a boanl of commissioners of roads aml revenues for the county of 'Valton.
By ~fr. Grice o:f Pnlnski-
A hill to incorporate the town 9f Finleyson, in Pulaski county.

332

jOURNAL OF THE HOUSE.

By ~lr. Hankin of Gordon-

A bill to pro1ido that when land lms been sol<l for a failure to retmn and pay taxes thereon, that suit shall be lmmght, etc.
I am inst.rncte<l to r0port the follo\l'illg bill "ith the rccnumlemlation that it tlo pass by snb:"titnto:
By :\Ir. TJnderwood of White-

A bill to amend section 114 of 1olnmc ;3 of the Code.

l am instt'lwto<l to report tho following rc~olution with the roemtJJllOJidatiou that it do not pas,;:

By ~Jr. Grieo of Pnlnski-

.\resolution to prm-i<lo for a salary of throe <lollars and fifty cents p0r diem, dnring session, for ehief porter of thG
Hou~c.
Hespectfnlly snbmittetl, G. M. \Y.unmx, Yiec-Chairman.

-~,r t'. Slaton, <hninnan of the G011Pral .Tmlieiary CommittPf', snlnnittcd tlte following r0pnrt:

Jh. 8peal<er:
Tlto Committee on Getwral .Tll<liciary ltaw ltad un<ler ('ott~idel'ation tlte following ITon>'e hill~, wltieh I am in:-;tn\('tP<l to report ha<'k with the n<omtmmlation tltat the sa tne do pass, to "-it:

.\ bill proYi<ling for the sitn" of <leht,; <lne to non-residents for pnrposes of attaelnnent, and for other purposes.

SATURDAY, NOVEMBER 15, 1902.

333

A bill to amend the charter of the city of Columbus, and several Acts amendatory thereof, so as to authorize the construction and maiutenance of water-works, and for other purposes.

A bill to amend the charter of the city of Columbus, and the Acts amendatory thereof, so as to confer authority upon said city to exercise police jurisdiction over certain territory within three miles of said city, and for other purposes.

A hiU to amend section 670 of the Penal CoJ.e, so as to apply the provisions thereof to cheating or J.efraudiug a firm or corporation.

A bill to amend section 187 of Yolume 3 of the CoJ.e, rel ative to embezzlement.

A bill to amend section 64g of Yolume 3 of the Code, rel ative to expenses of lying in with chilJ. in bastardy cases.

A bill to amend an Act approved December 8, 188D, provi<ling for the employment of inspectors of roads and bridges, nud for other purposes.

A bill to ameJI(l section Gll3 of the Code, so as to allow executions to L,o mnemled by the clerk of the court from which the sallie ~were issncll, so as to conform to amemled judgments, all<l for other purposes.

Also, the following Honse biU with the recommendation that the same do pass as amended, to wit:

A biU to cfltablish the salaries of the judges of the superior conrts o thiR State, and for other purposes.

A bill to require the claimant in all cases to set ont clearly aml fully in the aft1d:wit, or in au abstract thereto

334

JOURNAL OF THE HOUSE.

attached all the grounds or title \Yhich coristitute the basis of such claim, and for other purposes.
A bill to amend section 27 51 of the Code, relative to foreclosure of mortgages before due, and for other purposes.
Also, the following House Lills with tho recommendation thaL tJJC same do n1J1: pass, to wit:
A bill to authorize the holding of justice's courts in more than one place in militia district embracing incorporated tmms in which no jnstice's courts are now held.
A bill to provide for inspection and examination of all records in the ordinary's, sheriff's and clerk's offices, and for otl1er purposes.
A bill to abolish the death penalty in all cases except rape.

Also, the following House resolution with the recommendation that tho same do uot pass, to wit:

A resolution for the relief of the }.Iarietta Paper :M:ills. Respectfully submitted,
J onN :ill. SLATON, Chairman.

~I r. Hawes, chairman of the Committee on Pensions, submitted the following report:
jJfr. S p0aker:
The Committee on Pensions ha,e had nncler consldcration the following bill, which tlH,Y instruct me, as their chairman, to report back to the House with the recommendation that it do pass, to wit:

SATURDAY, NOVEMBER 15, 1902.

335

A bill to protect Confederate and other soldiers mentioned in an Act of the General Assembly approved December V, 18V7.
He:;pectfully submitted.
P.M. HAWES, Chairman.

:i\fr. Hawes, Yicc-chairman of the Committee on Banks awl Banking, suLmittcd the following report:

M1'. Speake1':
The Committee on Banks and Banking have had under consideration the following bills, which they instruct me, as their chairman, to report back to tho House with the recommendation that they do pass, to wit:
A hill to amend eection 982, volume 1 of the Code, so as 'to make tlw city of I.onis,ille a State depository.
A hill to amond section 982, volume 1 of the Code, so as to make the city of Barnesville a State depository.
The committee lune also instructed me to report the :following bills baok with the recommendation that they do not pass,, to wit:
A bill to amend section 982 of the Code, so as to make the town of Hogansville a State dep-ository.
A bill to amend section 982, volume 1 of the Code, so as to make the city of Sandersville, in Washington county, a State depository.
Respectfuily submitted. P. 1L HAwEs, Vice-Chairman.

336

]OURNAL OF THE HOUSE.

l\fr. Davis, chairman of the Committee on Appropriations, submitted the following report:

Mr. Speal..er:

I am directed by the Committec on Appropriations to report back to the House bill Xo. 7- with the recommcndation that the same do pass as amemled.

Respectfully submitted.

C. L. D.\ n::;, Chairman.

By unauimom consent the following bills IYerc introduced and read the first time, to wit:

By Mr. Butts of Glynn-

A bill to amcml an Act to create a boar,] of commissioners of roads and rmenues for Glynn county, :tJI(l fol' other purposes.

Referred to Committee on Counties and County ~Iatters..

By 1Ir. Wl1itley of Douglas-

.A bill to make it unlawful to manufacture spirituom;, malt or Yinous li<pwrs in the county of Dougla~, and for other purposes.

Heferrecl to Special Judiciary Committee.

~Ir. ::\lorri,.:, chairman e:t: officio of the Connnittce on Rules, snlnni ti<"<l tl10 follo\\ing report:

Mr. Speaker:

The Committee on Hnles haw' ltn(l under consi(leratinn
Honse rc:oolntim1 Ko. r.:>, hy ::\fr. Hall of Dil1h, w'qniring

SATURDAY, NOVEMBER 15, 1902.

337

that requests for unanimous consent shall not be enter.. tained or submitted to the House in the matter of bills or resolutions ready for a third reading, and have instructed me to report the same with a recommendation that it do pass as amended.

The committee recommend that House resolution No. 56, by :M:r. Preston of Jasper, pass by substitute.

The committee recommend that House resolution No. 57, by ~Ir. Kelly of Glascock, do pass as amended.
The committee further recommend that the resolution by :Mr. Felder of Bibb, providing that Mr. Carrington of l\ladison, be added to the Committee on Education, do not pass.

The committee calls the attention of the House to the fact that under the present rules of the House the resolution referred to can not be entertained.
Respectfully submitted. N. A. MoRRIS) Chairman ex officio.

under the head of unfinished business the following resolution, which was under consideration at the time of adjournment on yesterday, was again .read, to wit:
By :M:r. Preston of Jasper-
A resolution providing that all general bills favorably reported upon Ly the committee be printed and laid upon the desk of the members of the House.

:M:r. Wilson of Clay, called for the previous question, which call was sustained and the main question ordered.
22 h j

338

JOURNAl. OF THE HOUSE.

On the adoption of the resolution Mr. Slaton called for: the ayes and nays, which call was sustained, and on taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Bruce, Daves, Duckett, Duggan,
]~vans,
l1aulden, Glenn, Grice, Hall,

Hixon of l:!umter, Hutcheson, Jones of Pickens, Lane, Mills, l\litcbell, l\IcLain, O'Quinn,

Pate of Dooly, Redwine, Hice, Rogers of Hall, Roper, Thompson, Valentine, Whitley,

Those voting in the negative were .Messrs.-

Adams, Alexander, Almond, Ayres, Beauchamp, Bell of Milton, Blackburn, Bower, Boy kin, Brinson, Brock, Brown, Bush, Butts, Uandler, Uann, Carswell, Cliatt, Conner, Crumbly, Davis, Dozier,

Edwards,

l\lizell,

Ennis,

:\I ulherin,

Felder,

McCurry.

Flanigan,

l\lcElmurray,

Flynt,

l\lcHenry,

l!'ranklln,

Nisbet,

Grenade,

Owen,

Hardeman,

Onrstreet,

Hawes,

Parker,

Hendry,

Paulk of Uotree,

Henry,

Paulk of Irwin,

Hixon of Carroll, Peyton,

Holder,

Phillips of J etrerson,

Houston,

Hankin,

Howard of Baldwin, Rawls,

Howell,

Reid,

Jones or Dougherty, Ridley,

Kent,

Rogers of Mcintosh,

Kilburn,

Sanders,

Little,

Shackelford,

:IIann,

Slaton,

Martin,

Steed of Carroll,

Mayson,

StoYall,

SATURDAY, NovEMBER 15, 1902.

339

Tigner,

~Valker of Pierce,

Underwood,

Welch,

Walker of Monroe, Wellborn,

Wise, Womble, Yates,

Those not voting were Messrs.-

Akin, Alford, Arnold, Baldwin, Beall, Bell of Emanuel, Booth, Bowen, Buchan. Buchannon, Burton, Calvin, Carr, Carrington, Cook, Cromartie, Davison, Deal, DerFick, Dunbar,
J~nglish,
Fields. Foster of Oconee, Foster of 'l'owns,

.l!'ussell,

l\IcRae,

George,

~ewton,

Gr!ttln,

Pate of Gwlnnett,

Harden,

Phillips of Quitman,

Hayes,

Preston,

Hicks,

Proctor,

Howard of Laurens, Rainey,

Johnson of Baker, Richardson,

Johnson of Clinch, Rountree,

Johnson of Crawfora,Shannon,

Kelly,

Singletary,

Kendrick,

Spence,

Knight,

Stanford,

Knowles,

Steed of Taylor,

Lanier,

Stewart,

Lawrence,

Strickland,

Lowe,

'l'hurman,

}!apies,

Tracy,

Miller of Bullock, WatTen,

Miller of Muscogee, \Vatson,

Mitcham,

West,

Morton,

Wilson,

Moses,

Wooten.

McBride,

Mr. Speaker.

By unanimous consent the verification of the roll-call was dispensed with.

On the adoption of the resolution the ayes were 25, nays
77.
The resolution having failed to receive the requisite constitutional majority was lost.
T

340

]OURNAL OP THE HOUSK.

The following resolution, which was also reported back by the Committee on Rules, was taken up under the head of unfinished business, to wit:

By :Mr. Kelly of Glascock-

A resolution to make the Australian Ballot Bill a special order for Wednesday, November 10, 1002, immediately after the confirmation of the Journal.

Tho following amendment was proposed by the committee, which was adopted, to wit:

Amend by providing that said bill shall not displace the General Tax Act or Appropriation Bill.

The resolution was then adopted as amended.
Under the head of unfinished business the following resolution was read, to wit:

By l\fr. Felder of Bibb-

A resolution providing that :Mr. Carrington of Madison, be placed on the Committee on Education.

The report of the committee was adverse to the passage of the resolution, and on motion of Mr. Felder of Bibb, the report of the committee was adopted and the resolution was lost.

Mr. Hardeman, chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. Spealcer:

The Committee on Hygiene and Sanitation have had under consideration the following House bill, which I -am

SATURDAY, NovEMBER 15, 1902.

341

instructed to report back with the recommendation that tho same do pass as amended, to wit:
A bill to prescribe the manner m which cocam shall be sold, and for other purposes.
Respectfully submitted. L. G. HARDEMAN, Chairman.

lJnder the head of unfinished business the following bills were read the first time and appropriately referred, to wit:

T3y :Messrs. West of I..owndes and Mitchell of Thomas~
A resolution providing for the appointment of a commission to investigate the operation and results of State uniformity school hook system, and for other purposes.
Referred to Committee on Education.

By :Mr. George of Morgan-

A bill to amend ai1 Act to make it unlawful for a person to contraet with another when already under contract, and for other purposes.
Referred to Committee on General Agriculture.
By Mr. Calvin of Richmond-

A resolution providing for the payment of the per diem of the late Senator P. J. Sullivan.
Referred to Committee on Appropriations.

342

]OURNA.I, OF Tmt HOUSB.

By l\[r. Houston of ]fulton-

A resolution to make appropriation to meet the deficiency in the printing fund, and for other purposes.
Referred to Committee on Public Printing.
By :Hr. Slaton of Fulton-
A hill to ref,'1Ilate the sale of stocks in bulk, and for other purposes.
Referred to General .Tudiciary Committee.
~fr. Shackelford, chairman of the Committee on Co~ porations, submitted the following report:

}(fr. S pealcer:
The Committee on Corporations have had under consideration the following bills of the House, and instruct me to report the same back to the House with the recommendation that the same do pass:
By :Mr. Dunbar of Richmond-
A bill to be entitled an Act to authorize and empower the village of Summerville to provide and maintain cemeteries.
By :Mr. lhmbar of Richmond-
A bill to be entitled an Act to authorize the village of Summerville, in Richmond county, to issue not exceeJing $25,000 of bonds for extending and enlarging the waterworkfl and sewerage system of said village.

SATURDAY, NOVEMBER 15, 1902.

343

By Mr. Crumbley of Stewart-

A bill to be entitled an Act to create a new charter for the town of Lumpkin, in Stewart county.
Respectfully submitted.
THos. J. SHACKELFORD, Chairman.

The Committee on Corporations submit the following report:

j.lir. Speaker:

The Committee on Corporations have had under consideration the following House bills and instruct me, as chairman, to rellort the same back to the House with the recommendation that the same do pass, to wit:

By :Mr. Stanford of Harris-
A bill to be entitled an Act to amend the charter of the city of Hamilton.
By Mr. Pate of Gwinnett-
A bill to be entitled an Act to repeal an Act entitled an Act to provide for the issuing of bonds by the town of Norcross.
By l\fessrs. Hardeman and Holder of Jackson-
A bill to be entitled an Act to establish the city court of J e:lferson.
By Mr. Shackelford of Clarke-
A bill to be entitled an Act to alter and amend an Act to incorporate the Southern l:Iutual Insurance Company, approved December 29, 1847.

344

]OURNAL .OF THE HOUSE.

By ::M:r. Stewart of Calhoun-
A bill to be entitled an Act to incorporate the town of Edison.

By Messrs. Evans and Franklin of Washingtou-
A bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the city of Sandersville, to create a new charter and municipal government for said city.

By :Mr. Holder of Jackson-
A bill to be entitled an Act to repeal au Act incorporating the town of Statham.

By ::M:r. Beall o:f Paulding-
A bill to be entitled an Act to authorize the mayor and aldermen of the town of Dallas to issue bonds for the purpose of purchasing and equipping school buildings.
Respectfully submitted. THos. J. SHACKELFORD, Ohm. Com. on Corporations.

By unanimous consent the following bills were read the first time, to wit: By Mr. Ayres of Polk-
A bill to amend the road laws of the State of Georgia, and for other purposes.
Referred to General Judiciary Committee. By Mr. Ayres of Polk-
A bill for the protection of fish in the waters of this State, and for other purposes.

SATURDAY, NOVEMBER 15, 1902.

345

Referred to Special Agricultural Committee.

By Mr. Pe:yton of Habersham-

A bill to equalize the business and labor of the judges of the supe~ior courts, and for other purposes.
Referred to General Judiciary Committee.
By Mr. Ayres of Polk-

A bill to amend paragraph 1, section 4, article 6 of the Constitution, relative to city courts.
Heerred to Committee on Constitutional Amendments. By Mr. Dozier of Troup-
A bill to provide for judgment for value of property on conviction of larceny, and for other purposes.
Referred to Special Judiciary Committee.

By }Ir. Blackburn of Fulton-
A resolution to make House bill No. 20, which p_rovide.-: for a State patrol, the special order for Thursday, N ovember 20.
Referred to Committee on Rules.

By Mr..West of Lowndes-

A bill to amend the charter of the city of Valdosta, and for other purposes.
Referred to Committee on Corporations.

By Mr. Whitley of Douglas-
A bill to create a department of health and health officers in this State, and for other purposes.

346

JOURNAL OF THE HOUSE.

Referred to the Committee on Hygiene and Sanitation.
By ~Iessrs. Duckett of Banks, and Hardeman and Holder of .Tackson-

.:\ bill to amend the charter of the town of Maysville, in Jackson and Banks counties, and for other purposes.
Heferred to Committee on Corporations.

By ~Jr. West of J~owndes-
A bill to prescribe the amount of salary of laborers that may be exempL from garnishll\.ent, and for other purposes.

Referred to General Judiciary Committee.

Dy Messrs. :Foster of Oconee and Booth and Lawrence of Walton--

A resolution to pay the pension due James S. Hall to \\'. A. Williams.

Referred to Committee on Pensions.

Hy ~fr. Fields of Dooly-
A bill to require all railroad companies of the State to maintain certain specified crossings, and for other purroses.

Referred to Special Judiciary Committee. By ~Ir. Shackelford of Clarke-

A bill to appropriate $25,000 to the trustees of the University to construct a college building, and for other purposes.

Referred to Committee on Appropriations.

SATURDAY, NOVEMBER 15, 1902.

347

By Mr. Welch o Gilmer-

A bill to pay T. J. Long_ a pension o $100.00, and or <>ther purposes.

Referred to Committee on Pensions.
The following bills were read the second time and Te~ommitted, to wit:

By :Mr. Wise o Fayette-
A bill to establish the cit. court o Fayetteville.
.By }[r. Wise o FayetteA bill to amend an Act to incorporate the town o Fay-
-etteville.
The foilowing billR were read the third time and put upon their passage, to wit:
By ~fr. Dunbar o Richmond-
A bill to authorize the village, o Summerville to issue bonds not to exceed $25,000, and or other purposes.
The report of the committee, which was favorable to the passage o the bill, was agreed to.
On passage of the bill the ayes were 88, nays 0.
The bill having received the requisite constitutional majority was passed. By :Messrs. Alexander and Grenade o Wilkes-
A bill to repeal an Act to establish a dispensary in the -city o washington, and :for other purposes.

348

JOURNAL OF THE HOUSE.

On motion of Mr. Adams of Putnam, the bill was tabled.
By lllr. Dunbar of Richmond-

A bill to authorize and empower the village of Summerville to lay out and maintain cemeteries, and for other purposes.

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 90, nays 0.
The bill having receiYed the requisite constitutional ma-
jority was passed:

I~eave of absence was granted Messrs. Howard, Welch, Arnold, Overstreet, Dunbar, vVomble.

On motion of :Mr. Flynt of Spalding, the House adjourned until 9 o'clock :Monday morning.

Atlanta, Georgia.
Monday, November 17, 1902.
The House met pursuant to adjournment at 9 o'clock a.m. this day; was called to order by the Speaker and opened with prayer by the Chaplain.

MONDAY, NOVEMBER 17, 1902.

349

The roll was called and the following members answered to their names :

Adams, Akin, Alexander, Alford, Almond, Arnold, Ayres, Beall, Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Bowen, Bower, Boykin, Brinson, Brock, Brown, Bruce, Buchan, Buchannon, Burton, Bush, Butts, Calvin, Candler, Cann, Carr, Carrington, Carswell, Cllatt, Conner, Cook, Cromartie, Crumbly, Daves, Davis, Davison,

Deal,

Hutcheson,

Derrick,

.Johnson ot Urawford,

Dozier, Duckett,

Jones of Dougherty,
.rones of Pickens,

Duggan,

Kelly,

Dunbar,

Kendrick,

Edwards,

l{ent,

English,

Kilburn,

Jl}nnis,

Knight,

Evans,

Knowles,

Felder, ,. Fields,

Lanier, Lawrence,

Flanigan,

Little,

l<'lynt,

Lowe,

l<'oster of Oconee, Mann,

l<'oster of"l'owns, Martin,

Franklin,

Mayson,

l<'ussell,

Miller of Muscogee,

G-aulden,

Mills,

George,

Mitchell,

G-lenn,

Mizell,

Grenade,

Moses,

Grice,

'Mulhedn,

GrltHn,

McBride,

Hall, Hardeman,

-, McCurry, McElmurray,

Harden,

l\IcHenry,

Hawes,

McLain,

Hayes,

McRae,

Hendry,

Nisbet,

Henry,

Owen,

Hicks,

O'Quinn,

Hixon of Carroll, Parker,

Hixon of ~umter, Pate of Dooly,

Holder,

Pate of Gwinnett,

Houston,

Paulk of Cotree,

Howard of Baldwin, Paulk of Irwin,

Howard of Laurens, Peyton,

Howell,

Phillips of Jetrerson,

350

JOURNAL OF THE HOUSE.

Rainey,

Shackelford,

Rankin,

Shannon,

Rawls,

Singletary,

Reid,

Slaton,

Rice,

Stanford,

Richardson,

Steed of Carroll,

Ridley,

Steed of Taylor,

Rogers of Hall,

Stew&rt,

Rogers of Mcintosh, Stovall,

Roper,

Thompson,

Rountree,

Thurman,

Sanders,

Tigner,

Underwood, Valentine, Walker of Mont'oe. 'Valker of l'lerce, 'Veil born, "est, "'hitlcy, Wilson,
"'ise, "omble, Yates, ~It. Speaker.

Those absent were :Messrs.--

Baldwin, Johnson of Baker, Johnson of Ollnch, Lane, Maples, 1\Iiller of Bullock, Mitcham,

1\Iorton,

Spence,

Newton,

Strickland,

0Yerstreet,

Tracy,

Phillips of Quitman, Warren,

Preston,

"atson,

Proctor,

"elch,

Redwine,

Wooten.

:Mr. Flanigan, of the Committee on Journals, reported that the J onrnal of Saturday's proceedings had been examined and found correct.
The Journal was then read and confirme(l.

The following resolutions ,were read and referred to Committee on Rules, to wit:

Ry :Mr. Steed of Taylor-
A resolution providing that hereafter the Saturday's session of this Honse be deYoted to the consideration of and action on all local bills, and the first aJHl second readings of general bills.

MONDAY 1 NOVEMBER: 17, 1902.

::S51

Ry :Mr. Steed of Taylor-

Resolved, That hereafter the House meet at D:30 o'clock a.m. of each day, instead of D o'clock a.m.

Upon the call of the roll of counties for the introduction of new matter, the following bills were introduced, read the first time and appropriately referred, to wit:

By :Mr. Knight of Berrien-

A bill to amend an Act to create a board of county commi~sioners for the county of Berrien, and for other purp(Ees.

Referred to Committee on Counties and County :Matters. By ~\ir. Felder of Bibb-

A hill to recognize, :foster, encourage and protect the Georgia Indn~trial Home, aud other institutions, and for other purposes.

Referred to Committee on Counties and County :Matters.

By :Messrs. Deal and :Miller of Bullock-

A bill to incorporate the city of Statesboro, and for other purposes.

Referred to Special Judiciary Committee.

By :Messrs. Deal and :Miller of Bullock- .

A bill to repeal the charter of the town of Statesboro, and :for other pnrposrs.

Referred to Special Judiciary Committee.

~52

JOUBNAI. OF TQ HOUSE.

By :Mr. Akin of Bartow-
A hill to a1low de:fendnnts in certain trover cases to plead set-offs, or to recoup in damages, and for other purposes.

Referred to the General Judiciary Committee.

By Mr. Reid of CampbellA bill to authorize the mayor and council of Palmetto
to ise.ue bonds, and for other purposes.
Referred to the Special Judiciary Committee. By :fifr. Cann of Chatham-
A bill to amend an Act to create the police court of the city of Savannah, and for other purposes.
Referred to the Committee on Corporations. By illr. Mitcham of Clayton-
A hi11 to repeal an Act to incorporate the town of J oncBboro, and for other purposes.

RefPrred to Committee on Counties and County Matters.
By Mr. Slaton of Fulton-
A bill to appoint commissioners to inspect the battle lines and locate the position of the Georgia troops in the Vicksburg campaign during the Civil war, and for other purposes.
Referred to the Committee on Appropriations.
By :Mr. Slaton o:f Fulton-
A hill to regulate the record of execution<>, and for other purposes.

MONDAY, NOVEMBER 17, 1902.

353

Referred to the General Judiciary Committee.

By Mr. Rankin of Gordon-

A bill to repeal an Act to make it unlawful for any person to employ or contract with another person who is already under contract, and for other purposes .

Referred to Committee on General Agriculture.

By Mr._ Kent of Johnson-

A bill to prohibit the sale of deadly weapons without written permit, and for other purposes.

Referred to the Special Judiciary Committee. By l.Ir. Kent of Johnson-

A bill to amend section 2864 of the Code, which pro vides what may be done by courts of chancery during vacation, and for other purposes.

Ueferred to the General Judiciary Committee.

By .Mr. Bruce of Lumpkin- :

A bill to repeal section 1349, volume 1 of the Code, relative to teachers' institutes, and for other purposes.
H.eferred to Committee on Education.

By Mr. Steed of Taylor-

A bill to amend an Act to create the Prison Commission of the State of Georgia, and for other purposes.

Referred to Committee on Penitentiary.
23 h j

354

JOURNAL OF THE HOUSE.

By ~lr. West of ]~owmles-

A bill to amend an Act to establish the city court of Valdosta, and for other purposes.

Referred to the Special .Judiciary Committee. By :Mr. West of Lowndes-

A bill to provide for closing private ways in this State in certain cases, and for other purposes.
Referred to the Sp00ial .Judiciary Committee.
Dy liir. Bowen of Wileox--

A bill to incorporate the town of PinC\iew, m the county of wilcox, and for other pmposPs.

Referred to Committee on Corporations. Hy :Mr. Blackburn of :Fulton-

A bill to make it unlawfnl for any person to frau<lulently wear the "Confederate Cross of 1Ion or" upon his person.

Referred to the General .Judiciary Committee.

By ~fr. Felder of Bibb-

A hill to amend section 14fl2, volunw 1 of the Code, providing for the appointment arHl qualifieation of momhers of the State Boal'<l of Pharmae:, an<l for other pnrposes.

Rett'l'red to the Special Judiciary Committee.

MONDAY, NOVEMBER 17, 1902.

:~55

By l\[r. Felder of l3ibb-
A bill to amend section 1495, volume 1 of the Code, which provides for meetings of the State Board of Pharmacy, and for other purposes.
Referred to the Special Judiciary Committee.

Dy )Jr. Felder of Bibb-

A hill to amend section 1496, volume 1 of the Code, which prescribes the duty of the Georgia State Board of Pharmacy, and for other purposes.
Heferred to tbc,,Special Judiciary Committee. By :::\lr. Davis of Meriwether-
A bill to define the duties of the keeper of public buildings and grounds; prescribe his qualifications, etc., and for other purposes.
Referred to Committee on Public Property.

By l\Ir. Rogers of J\Icintosh-
A bill to regulate the amount of payment to first grade public school teachers, and for other purposes.

Referred to Committee on Education.
By unanimous consent the following bills were read the second time, to wit :

By )fessrs. Evans and Franklin of Washington-
A bill to amend the several Acts to incoq~orate the city of Sandersville.

356

JOURNAL OF THE HOUSE.

By Mr. Hardin of Chatham-

A bill to authorize the clerks of the city courts of this State to appoint deputy clerks.

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

By Mr. Perry of the 33d District-

A bill to pay costs and fees in cases in which services are performed by special criminal bailiffs, and for other purposes.

Referred to General Judiciary Committee.

By Mr. McMichael of the 24th District-

A bill to repeal an Act to create a county court in each county of this State so far as the same applies to Marion county.

Referred to the General Judiciary Committee.

By Mr. Lee of the 44th District-
A bill to amend the charter of the town of Flintstone, in Walker county, and for other purposes.
Referred to Committee on Corporations.

By Mr. Lee of the 44th District-
A bill to amend section 982, volume 1 of the Code, relative to State depositories, and for other purposes.

Referred to Committee on Banks and Banking.

MONDAY, NOVEMBER 17, 1902.

357

By Mr. Tisinger of 'lhe 25th District-

A bill to amend section 961, volume 3, of the Code, relative to joint stock companies, and for other purposes.

Referred to the General Judiciary Committee.

By Mr. Comas of the 3d District-

A bill to amend section 982 of the Code, relative to State depositories, and for other purposes.

Referred to the General Judiciary Committee.

By }fr. Comas of the 3d District-
A bill to repeal section 397, volume 3, of the Code, relative to offense8 committed on passenger trains, and for other purposes.
Referred to General Judiciary Committee.

By :Mr. Howell of the 35th District___:

A resolution to pay to the estate of the late Senator P. J. Sullivan his per diem and mileage.
Referred to Committee on Appropriations.

By unanimous consent, the following resolution was read and referred to the Committee on Rules, to wit:

By }Ir. Calvin of Richmond--

A resolution providing fur the appointment of an additional standing committee to be known as the Comittee on Roads and Highways.
The following bills were read the third time and put upon their passage, to wit:

358

jOURNAL OF THE HOUSE.

By :Mr. 2\IcCurry o:f Hart-

A bill to amend section !)82 o:f the Code, so as to make Hartwell, Ga., a State depository, and :for other purposes.
, Tho report o:f the committee, which was :favorable to
the passage o:f the bill, was agreed to.

l~pon the pasasge of the hill tho ayes wore 107; nays, 0.

The bill having received the requisite constitutional majority was passed.
By ~11". Beauchamp of Butts-

A l>ill to repeal an Act to e>ltablish tho county conrt of Butts county, and :for other purposes.

Tho report o:f the committee, which was :favorable to the passage of the bill, was agt"eod to.

On passage of the bill the ayes were !)4; nays, 0.

Tho bill having received the requisite constitutional majority was passed.

By ~[r. Steed o:f Taylor-

A hill to protect Con:federate and other soldiers mentioned in an Act o:f the Geneml Assembly approved December D, 1SD7.

Tho ropot"t of the commi tteo, which was :favorable to the passnge of the hill, was agt"ee<l to.

On passage o:f the hill the ayes were 101; nays, 0.

Tho bill having received the requisite constitutional majority was past'ecl.

MONDAY, NOVE;MBER 17, 1902.

359

By Mr. Underwood of White-
A bill to amend section 151, volume 3 of the Code, defining robbery, and for other purposes.

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

On passage of the hill the ayes were !)!) ; nays, 0.

The bill having received the requisite constitutional majority "as passed.

By ~1cssrs. Shannon and Walker of l\fonroe--

A bill to Jll'Ovide for a Board of Commissioners of Roads :md Rmenucs for the county of :Monroe, and for other purposes.

The report of the committee, which was favorable to the passage of the hill, was agreed to.
On passage of the bill the ayes were !)2; nays, 0.
The hill having received the requisite constitutional maj)rity, was passed.
By :Mr. Wise of Fayette-

A bill to repeal an Act which provides for the payment of certain insolvent costs due the clerk and sheriff of :Fayette county, and for other purposes.
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 !)3; nays, 0.

360

]OURNAI. OF -THE Hous:a.

The bill having received the requisite constitutional majority was passed.

The following message was received from the Governor through 11r. Erwin, Secretary:

ilfr. Speaker:
The Governor has approved and signed the following Acts, to wit:
An Act to authorize and empower the Commissioner,; of Roads and Revenues of Bibb county to" contribute toward the support of the Macon Hospital Association.
Also, an Act to create a Board of Commissioners of Roads and Uevenues for Johnson county.
Also, an Act to amend section 739 of the Code of Georgia, touching eligibility of councilmen.
The next bill for a third reading was-
By :Mr. Carswell of Wilkinson---
A bill to create a Board of Commissioners to mrke a roster of Georgia soldiers, sailors and marines, and for other purposes.
An appropriation being involved in the bill, the Honse resolved itself into a committee of the whole for the purpose of considering the same, and the Speaker designated as chairman of the committee ~ir Reid of Campbell.
After a consideration of the hill, the committee arose, and through their chairman, reported the same hack to the House with the recommendation that it do pass.

MONDAY, NOVEMBER 17, 1902.

361

On account of the absence of the author, Mr. Cann of Chatham moved that the bill be tabled, which motion prevailed.

At the request of :Mr. Adams of Putnam House bill No. 16, was taken from the table and placed upon the Calendar.

By Messrs. Alexander and Grenade of Wilkes-

A bill to repeal an Act to establish a dispensary in the city of Washington, Wilkes county, 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 88; nays1 0.
The bill having received the requisite constitutional majority was passed.

Mr. Felder, of the joint committee to investigate the present system of leasing the misdemeanor convicts of this State, submitted tlw following minority report:

To the Senate and House of Representatives:
The unrlersigned, a member of the committee appointed under a joint resolution of the Senate and House to investigate and report to this General Assembly the best and most humane disposition to make of the States' convicts at the expiration of the present contract of hire, and to submit with said report a bill for the consideration of the two bodies, begs leave to make this a minority report, and to respectfully dissent from the views of tll3 majority of the committee.

362

JOURNAL OF THE HOUSE.

I am of the opinion that the State should work the conYil'ts upon the public roads and the public works, and from tile invc,;tigation matle by the said committee, I helieYe that this will he the best and most humane disposition that conl<l he made of them. The present contracts of hin under which the felon,v convicts are worked expire on J[arch 31, lU0-1, mHl it is for this Legislature to say \dterher this great force of labor owned hy the State shall he leased to private individuals for private gain, or shall he workc<l aml use(l for the public good. The roads of Gc11rgia hold out employment for the convicts for generation,.; to come, and to keep them at this class of work will tnke them, to a greater extent than any other, out of comp<>tirinn with free labor. The benefits to be derived from the improvement of our public highways arc too numerous nnd well kno'm to the members of this General As,.;enthly for me to attempt to enumerate them. To again btse the convicts under the present system will be but to delay this great public improvement; and I have yet to discover a reason why the convicts should longer he kept from the public roads. Recognizing, however, that there are those who differ with me, and object to an ahrupt change from the present system, I have drafted all<l introduced a hill in the Honse which I believe, if <nactcd into law, will gradually change the system, with little expense to the State, and "ill in time put upon the roads every able-bodied cmn-ict in the State.
The bill mentioned proposes to gi,-e to all counties now wol'king their mit~demeanor cmwicts, or '"hich may hercaftcr do so, on the public roads, also the right to \vork tltei r felony convicts in the same way. There are now thi l'ty-three counties with misdemeanor chain-gangs. These thirt,v-three counties fnrnish to the prison commission 1,187 convicts, being over one-half of the number leased

MO.NDAY, NOVEMBER 17, 1902.

368

by the commission. These counties can add this addi-

tional forre to their gang;; with comparatively little addi-

tional expen:;e, if they shoulll take advantage of such a

law, which I believe they would, and this would dispose

of over one-half of the comicts controlled by the commis-

SIOn. The bill further proposes to put under the control

of the pri;;;on c<numission all felony convicts not worked

by the conn tie,;; but in order to encourage the smaller

counties in road building, it provides that the commission

shall furnish, in a number named, convicts to such coun-

ties, on demand, without cost. I believe that many of the

counties wonltl tnke alhantage of such a provision in the

law, and that ehain-gang,;; would be established in many

parts of the State where they do not now exist, on account

toifest.he

small ffm~e under the control of many If, after furnishing to the counties

of the coundesiring the

same, there ;;till remain comicts undisposed of, the bill

make,; it the duty of the commission to hire them to pri-

vate partie,; on short time leases, and from the money thus

derived to pmchase lamls on which to work those convicts

not used on the roads; the object being to in time have

every convict on the roads where possible, and when not

so, to work them on farms owned and controlled by the

State. The bill gives the prison commission general super-

visory power:i over all convicts, so as to guarantee humane

treatment.

I am not umuindful of the many difficulties surround-

ing this Yexcd question and its proper solution, and I

only offer the bill aboYc mentioned in the hope that its

imperfections may be corrected by amendment and its

purposes accomplishell.

Respectfully submitted.

T. S. FieLDER,

Chairman of committee on part of the House.

364

JOURNAL OF THE HOUSE.

:Mr. \Vellborn, chairman of the Committee on Enrollment, submitted the following report:

JJ[r. Speaker:
The Committee on Enrollment have examined and re- . port as properly enrolled, duly signed and ready for delivery to the Governor, the following Acts, to wit:

An Act to abolish the county court of Screven county.

Also, an Act to incorporate the Tennille school district, in \Vashington county.

Also, a resolution providing for a joint Finance Committee in accordance with section 30 of the Code of Geor-

Hespectfully submitted. C. J. WELLBORN, JR., Chairman.
:Mr. Shannon, chairman of the Committee on Counties and County :Matters, submitted the following report:
J.Ir. Speal;cr: Your Committee on Counties and County ~fatters have
had under consideration the following bills and instruct me, as their chairman, to report the same back with the recommendation that the same do pass, to wit:
A bill to incorporate the tmm of Ocilla, in the county of Irwin.
A bill to repeal an Act incorporating the town of Ocilla, and for other purposes.
A bill to regulate the traffic of seed cotton in the counties of Elbert, vVilkes and Loncoln.

MONDAY, NOVEMBER 17, 1902.

365

A bill to remove obstructions from the creeks and rivers of Hall county, and for other purposes.
Respectfully submitted.
TNo. R. SHANNON, Chairman.

The following resolution, which was ordered to lay over for one day, was taken from the table, read and adopted, to wit:

By Mr. Beall of Paulding-
A resolution providing for the appointment of a committee of five to investigate the condition of the Soldiers' Home, and for other purposes.
On motion of Mr. Akin of Bartow, House bill No. 12 was tabled during the absence of the author.
The next bills for a third reading were :

By 1\Ir. Bush of Miller-

A bill to establish a dispensary in the town of Colquitt, Miller county, 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 1.
The bill having recehed the requisite constitutional majority was passed.
By Mr. Rainey of Terrell-
A bill to amend the charter of the town of Bronwood, in Terrell county, and for other purposes.

\

366

JOURNAL UF THE HOUSE.

The report of the committee, \rhich was faYorablc to the passage of tho bill, was agrcecl to.

On the passage of the bill the a,ws \\ere 90, nays 0.

The bill having received the requisite constitutional majority was passed.

By lllr. Hall of Bibb-

A bill to be entitled an Act to prnYidc for the assessment of property of corporations "hieh arc required by law to make retnrns to the Comptroller-General of the State, and for other pnrposes.

:Mr. Felder of Bibb, moYcd that on acconnt of the author's absence, the bill be tabled, which motion prentiled.
By ~Ir. Crumbly of Stewart-
A bill to ctcate a new charter for the tO\\"JJ of Lmnpkin, in Stewart county, and for other purposes.

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

On the passage of the bill the ayes were D1, nays 0.

The bill haYing roceiYed the requisite constitutional majority was passed.

By unauimous consent the followittg bills \\ere rca<l the suxond time, to wit:

By l\[r. Almond of Rockdale-

A bill to create a board of conm1issioncrs of roads awl revenues for the county of Rockdale.

MONDAY, NOVEMBER 17, 1902.

36 7

By Mr. Davidson of Greene--

A bill to change and fix the time of holding the superior court of Greene county.

The following resolution was taken up and the Senate amendment concurred in, to wit:

By 1\lr. Harden of Chatham-

A resolution providing that the House adjourn on ThanksgiYing Day, and that said day be counted aR dies non.

The Senate proposed to amend by striking out the words "dies non.''

The amendment was concurred in.

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

By .!VIr. Beauchamp of ButtsA resolution to appropriate part of the rental of the
Mcintosh reserve to the preservation of Indian Springs.
By :Mr. Blackburn of :FultonA bill to establish n patrol in each militia district of
this State. By }\fr. Underwood of White-
A resolution to pay 1\Iary S. Jarrard a pension due her husb::mcl. By :Messrs. Steed and Hixon of Carroll-
A bill to extend the powers of the railroad commission.

368

JOURNAL OF THE HOUSE.

By Mr. D~mbar of Richmond-

A bill to amend an Act to create a board of police commissioners for the city of Augusta.

J~y :\1:r. Ennis of Flo;yd-
A resolution for the relief of V. T. Sanford, former tax-collector of Floyd county.
By Mr. ~reston of JasperA resolution to pay pension due !Irs. Martha L. Hatta-
way.
By :Mr. Felder of Bibb-

A bill to require the claimant in all claim cases to set

out fully in the affidavit the grounds which constitute the

basis of such claim.

-

By 11r. Reid of Campbell-
A resolution to authorize the Governor to borrow mo11ey to supply casual deficiencies.

By Mr. Beall of Paulding-

A bill to authorize the mayor and aldermen of Dallas to issue bonds.

By Mr. Pate of Gwinnett-
A bill to repeal an Act which provides for the issuing of boncl~ by the town of Norcross.

By :Mr. Felder of Bibb-

A bill to prescribe the manner of selling cocain, etc.

MONDAY, NOVEMBER 17, 1902.

369

By Mr. Slaton of Fulton-

A bill to establish the salaries of the judges of the superior courts of this State.

By 1Ir. Slaton of Fulton-
A bill to provide for the situs of debts due to non-residents for purposes of attachment.

By 1\Ir. Stewart of CalhounA bill to incorporate the town of Edison.

By Mr. Underwood of White-

A bill to amend section 642, volume 3 of the Code.

By Messrs. Hall, Knight, Underwood, Deal, Rankin, Tigner, Glenn, Richardson-

A bill to prohibit railroads from crossing any street or public road of this State.
By Mr. Underwood of White-
A bill to amend section 187, volume 3 of the Code.

By :Mr. Hawes of Elbert-

A bill to appropriate $20,000 to build a dormitory for the Georgia School for the Deaf.

By :Mr. Candler of DeKalb-

A bill to provide a new charter for the town of Edgewood.
24 h j

370

JOURNAL OF THE HOUSE.

l3y :Mr. :McHenry of Floyd--

A bill to amend the charter of the city of Rome.

By l\[r. Stanford of Harris-

A bill to umend the charter of the city of Hamilton.

By :Messrs. Butts of Glynn and Proctor of Camden-

A bill to amend an Act to regulate the catching of oysters in the waters of this State.

lly 1\fessrs. Steed and Hixon of Carroll-
A bill to amend an Act to create a new charter for thetown of Temple.

By l\fr. Hankin of Gordon-

A bill providing that where land has been sold for failure to pay taxes thereon, that suit shall be brought by theowner within a certain time.

By :Messrs. Candler and :l\Iayson of DeKalb-
A bill to create a bonrd of commissioners of roads and revenues for the county of DeKalb. By :Mr. Davidson of Greene-

A bill to amend an Act to create a board of county commissioners for Greene county.

By :Mr..Kent of Johnson-

A bill to amend section 2751 of the Codc1 and for other pnrposes.

MONDAY, NOVEMBER 17, 1902.

371

By :Mr. Owen of Pike-

A bill to amend section 982, volume 1 of the Code. By :Mr. Ayres of Polk-

A bill to amend the charter of Cedartown.

By :Mr. Slaton of FultonA bill to amend section 670 of the Penal Code.

i~y :Mr. Underwood of WhiteA bill to amend section 114, volume 3 of the Code.

By l\lr. Newton of Colquitt-
A bill to change the name of the village of Obe and incorporate the same as the town of Norman.

By :M:r. Calvin of RichmondA bill to authorize certain cities to maintain boulevards,
etc. J~,r :M1. Franklin of Washington-
A bill to amend the charter of the city of Tennille.

liy Mr. Booth of Walton-
A bill to prescribe the qualification of jurors in this Smte.

By ~fr. Howard of BaldwinA bill to amend the charter of the city of :Milledgeville.

372

JOURNAL OF THE HOUS~.

By 1\fr. Miller of Muscogee-

A bill to amend the charter of the city of Columbus. By :;\[(t<srs. Hardeman and Holder of Jackson-
A hill to establish the city court of Jefferson. By Mr. Nisbet of Burke-

A bill to abolish the city court of Waynesboro.

By :Mr. Grice of Pulaski-
A bill to amend the Act to create dispensaries in the county of Pulaski.
By l\1r. Spence of Ware-

A bill to amend section 9 of an Act to establish the city court of \Vaycross.
By Mr. Dunbar of Richmond-

A bill to increase the number of terms of the superior courts of Richmond county.

By ~Ir. Flynt of Spaulding-
A bill to amend an Act to provide for the employment of inspectors of roads and bridges in certain counties.

By :Mr. Grice of PulaskiA bill to repeal section 2763 of the Code.

By :Mr. Grice of PulaskiA bill to incorporate the town of Finleyson.

MONDAY, NOVEMBER 17, 1902.

373

By j\!r. :McElmurray of Burke--

A bill to establish the city court of Waynesboro.

By }fr. l\liller of :Muscogee--

A bill to amend the charter of the city of Columbus, relative to police jurisdiction.

l~y Mr. Holder of Jackson-
A bill to repeal an Act to incorporate the town of Statham.

By Mr. Shannon of Monroe-
A bill to provide for the removal of obstructions from the streams of M~mroe county.

By :Mr. Spence of Ware--
A bill to amend an Act to establish the city court of Waycross.

By Mr. Shannon of Monroe-A bill to amend section 1496, volume 1 of the Code,
which relates to the State Board of Pharmacy. By Mr. l3rinson of Decatur-
A bill to regulate the sale of Georgia cane syrup. By Mr. Phillips of Jefferson-
A bill to amend section 982, volume 1 of the Code, rel-

ative to State depositories.

374

JOURNAL OF THE HOUSE.

By J\fr. Paulk o Irwin-

A. bill to incorporate the city o Ocilla.

13y :Mr; Thompson o Hall-
A bill to provide :for the removal o obstructions :from the streams o Hall county.
J{y :Mr. Paulk of IrwinA bill to repeal an Act to incorporate the town o Ocilla.
By l\fes8rs. Hawes, l\Iartin, Boykin, Alexander and Grenade-

A bill to regulate the traffic in seed-cotton in the counties o Elbert, Wilkes and Lincoln.

By l\fr. Butts o Glynn-

A bill to amend seetion 573 o the Penal Code, relative to the catching of terrapins.
By ::VIr. Slaton o Fulton-
A. hill to amend section 5113 o the Code so as to allow executions to be amended by the clerk o the court.
By :Messrs. Booth and Lawrence o Walton-
A. bill to repeal an .Act to create a board o commissioners o:f roads and revenues :for the county o Walton.
By Mr. Spence o Ware-
A bill to amend an Act to establish the city court o Waycrol's.

MONDAY, NOVEMBER 17, 1902.

375

By :Mr. Shackleford o Clarke-

A bill to amend an Act to incorporate the Southern Mu.tual Insurance Company.

By Mr. Yates o Catoosa-

A bill to cede jurisdiction over certain road approaches to Chickamauga Park to the United States.

By Jvir. Reid o Campbell-
A bill to pay off and retire bonds o this State as they mature.

By :Messrs. Johnson o Clinch and Singletary o Thomas-

A bill to regulate the carrying o certain deadly weapons.

The following message was received rom the Senate through Mr. N orthen, the Secretary thereof:

Mr. Speaker:

The Senate has passed, by the requisite constitutional majority, the follwing bills o the Senate, to wit:

A bill to amend section 1570 o the Code o Georgia.

A bill to amend an Act reviving the office o State Geologist, and or other purposes.

A bill to repeal an Act entitled an Act to establish a city court in the county o Hall and to proved or the appointment o a judge and a solicitor thereof. Approved August 14, 1891, and all Acts amendatory thereof, and to provide or the disposition o the business in said court.

376

JoURNAL OF THE HOUSE.

A bill to make it unlawful and punishable as a misdemeanor for any person to hunt upon the lands of another in Columbia county without the written consent of the owner thereof.

A bill to amend an Act to create a board of roads and revenues in the county of Hancock, to define their powers and duties, and for other purposes.

A bill to create a commission to investigate the feasibility of locating an Agricultural and Industrial School in each congressional district in this State, and for other purposes.

A bill to change the time of holding superior courts of Union county, in the N ortherrstern Judicial Circuit, and for other purposes.

Mr. Morris, chairman ex offir:io of the Committee on Rules, submitted the following report:

Mr. Speaker:
The Committee on Hules have had under consideration House resolution No. 17, by Mr. Steed of Taylor, to devote Saturday's sessions of the House to the exclusive consideration of and action on local and special bills and the fir:>t and second reading of local and general bills and resolutions, and instruct me to report same back with the recommendation that the same do pass.
Hespectfully submitted. N. A. Mom~Is, ex officio Chairman.

On motion of l\fr. Steed of Taylor, the above report of the Committee on Rules was adopted.

MONDAY, NOVEMBER 17, 1902.

377

The following resolution, which was favorably reported by the Committee on Rules, was read and adopted, to wit:

By :M:r. Steed of Taylor-
Resolved, That hereafter the Saturday's sessions of the House be devoted to the consideration of and action on local bills and the first and second reading of general and local bills and resolutions..

The following resolution was read and referred to Committee ou Rules, to wit:

By 11r. Deal of Bullock-
A resolution providing that the Clerk of the House shall each day furnish the members with printed copies of the captions (by brief) of all bills and resolutions on the calendar for a third reading on the following day.
On motion of l\Ir. Felder of Bibb, House bill No. 281, to amend an Act to create a Prison Commission for Georgia, was tabled.
The following communication was read, to wit:

SAVANNAH, GA., Nov. 15, 1902. Hon. N ..J. Morris, Speaker of House of Representatives,
Atlanta, Ga.
MR. SPEAKER : - I have the honor herewith to transmit to you a copy of the resolutions adopted by Savannah Board of Trade, June 16, 1902, regarding a Georgia exhibit at the \Vorld's Fair, St. Louis, 1904.
It is due entirely to nn oversight of the writer that these resolutions have not reached you at an earlier date.
Hespectfully, D. G. PURSE,
President Savannah Board of Trade.

'l78

JOURNAL OF THE HOUSE.

Whereas, It is desirable that the resources of Georgia should be exhibited in complete and illustrative shape at the World's Fair, St. Louis, l\Io., commemorative of the Louisiana Purchase, to be held in 1!)04; and

Whereas, The State of Georgia has suffered in comparison with other States of the Union, by the meagreness of the <lisplay of her resources at other great expositions for the reason that, mi.der the Constitution, it was claimed to be forbidden to make appropriations for such exhibitiow; of the resources of the State, in a manner to attract immigration to our idle acres, and draw capital to the <Jc,elopment of our wealth in mines, manufactures and agricultural products; therefore, be it
Resolved, That the Savannah Board of Trade, in view of tlte importance of having the resources of Georgia fully displayed at the World's Fair, St. Louis, in 1904, request and urge the Legislature, as one of its first acts, upon assembling in October next, to pass a resolution of inquiry as to the constitutionality of an appropriation for displaying the resources of the State, at the said fair and if, upon n strictly legal construction of the Constitution, such an appropriation is found to be lawful, then the Legislature nt ouce make an appropriation for the purpose of a complete Georgia exhibit.
Resolved further, That the Governor be requested to nrgc this conrse upon the Legislature in his annual message; and, lastly1
'I.'hat copies of these resolutions he transmitted to the Governor, President of the Senate and Speaker of the House of Hepresentatives, upon the organization of the Legislature, with the request that the said officials of the I.egi:3lature la:y the same before their respective bodies and

MONDAY, NOVEMBER 17, 1902.

379

that a copy be al~o given to papers of the State for publi<Jation and their co-operation asked in the premises.

True extract from :Minutes Savannah Board of Trade. D. G. PuRsE, President.
C. L. CHESNUTT, Superintendent and Secretary.

],eave of absence was granted the following:
~lessrs. Newton of Colquitt, 1Ici~ain of Cobb, Buchan.
The following Committee to Visit Convict Camps was also granted leave of absenGe:
J. W. Mayson, J. J\1. :McBride, W. L. Bell, C. J\1. Booth, J. H. Derrick, L. G. Foster, W. H. Beall, Henry
J\1ann, .r. B. Sanders.
The Speaker then announced the House adjourned until 9 o'clock to morrow morning.

380

JOURNAL OF THE HOUSE

Atlanta, Ga. Tuesday, November 18, 1902.

The House met pursuant to adjournment at 9 o'clock a.m. this day; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called and the following members answered to their names :

Adams, Akin, Alexander, Almond, Arnold, Ayres, Baldwin, Beauchamp, Hell or ]JJmanuel, Blackburn, Hooth, How en, Bower, Hoy kin, Hrock, Brown, Hruce, Buchan, Buchannan, Hurton, Bush, Butts, Candler, Cann, Carr, Carrington,

Carswell, Cliatt, Conner, Crumbly, Daves, Davis, DaviSOll, Deal, Dozier, Duckett, Duggan, Dunbar, Edwards, English, Ennis, Evans, !'elder, l<'ields, Flanigan, Flynt, Iroster of Oconee, l<'ranklln, Fussell, Uaulden, George, Glenn.

Grenade, Grice, Grlttin, Hall, Harden, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of CalTOll, Hixon of Sumter, Houston, Howard of Haldwln, Howell, Hutcheson, Johnson of Clinch, Johnson or Crawford, Jones of Dougherty, Jones or l'icl;:ens, Kelly, Kent, Kilburn, Knight, Lanier. Lawrence.

TUESDAY, NOVEMBER 18, 1902.

381

Little,

!'reston,

Stovall,

Lowe,

Rainey,

Strickland,

Martin,

Rankin,

Thompson,

Miller of Muscogee, Rawls,

'l'hurman,

l\lills,

Held,

'rlgner,

Mitcham,

Hice,

Tracy,

Mitchell,

Richardson,

Underwood,

Mulherin,

Ridley,

Valentine,

McElmurray,

Rogers of Hall,

Walker of Monroe,

McLain,

Rogers of Mcintosh. Walker of Pierce,

McRae,

Roper,

Warren,

Nisbet,

Rountree,

Owen,

Shannon,

O'tlulnn,

Singletary,

Pate of Dooly,

Slaton,

Paulk of Colfee,

Spence,

Paulk of Irwin,

Stanford,

Peyton,

Steed of Carroll,

Phillips or Jelferson. Steed of 'l'aylor.

Phillips of Quitman, Stewart,

Wellborn, West, Whitley, Wllson, Wise, Womble, Wooten, Yates, Mr. Speaker.

Those absent were :Messrs.-

Alfonl.

Johnson of .Baker,

Beall,

Kendrick,

Bell or MiltOn,

Knowles,

Brinson,

Lane,

Calvin,

Mann,

Cook,

Maples,

Cromartie,

Mayson,

Derrick,

Miller or Bullock,

Foster or '!'owns, Mizell.

Hardeman,

Morton,

Holder,

Moses,

Howard of Laurens, McBride,

McCurry, McHenry, Newton, Overstreet, Parker, Pate of Gwinnett, Proctor, Hedwine, Sanders, Shackelford, watson, Welch,

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

By unanimous consent, the following Senate bill was read the first time, to wit:

382

]OURNAL OF THE HOUSE.

By :Mr~ Van Buren of the 21st District-

A Lill to amend an Act reviving the office of State Geologist, and for other purpo~es.

Referred to the Special Judiciary Committee.

On motion of :Mr. Glenn of \Yhitfield, House bill No. 203, to establish a dispensary in the city of Dalton, was recommitted to the Committee on Temperance.

By unanimous consent, the following bill was read the second time and recommitted to the Committee on Temperance, to wit:
By l\Ir. Steed of 'Taylor (by request)-

A bill to establish one or more dispensaries in the county of Taylor, and for other purposes.
)r. Adams, chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker:
The Committee on Temperance, having had under consideration the following bill, report the same back to the House with the recommendation that it do not pass, to wit:
House bill No. 203, by ~Ir. Glenn of Whitfield, a bill to establish and maintain a dispensary in the city of Dalton.
Respectfully submitted, GEo. A. ..:\.nxm;, Chairman.

:Mr. Slaton, chairman of the General J u<liciary Committee, submitted the following report:

TUEDAY1 NOVEMBER 18, 1902.

383-

Mr. Speaker:

The General Judiciary Committee have had under consideration the following House bills which I am instructed as their chairman to report back, with the recommendation that the same do pass as amended, to wit:

A bill to establish the city court of Hamilton, in Harris county, Georgia, and for other purposes.

A bill to amend section 4315 of the Code of Georgia so as to remove the restriction of holding only two terms of the superior court in the several counties of the State, !'.nd for other purposes.

Also, the following House bills with the recommendation that the same do pass, to wit:

A bill to require executions to be recorded on the General Execution Docket of the county where the land is, in orJer to make their liens effective against certain third' persons.

A hill to increase the powers of certain judges sitting in vacation.

A bill to require any person seeking a writ of cel'fiorari
to correct the judgment of a recorder's court1 or other police court, to give bond, and for other purposes.

A bill to change the time of holding Glascock superior court, and for other purposes.
Ah;o, the fol1owing House bill with the recommendation that it do pa<:!s by substitute, as amended, to wit:
A bill to preYent betting or selling of pools, and for other purposes.

384

JOURNAl. OF THE HOUSE.

Also, the following House bills with the recommendation that the same do .not pass, to wit:

A bill to require judges of the superior courts to hold quarterly sessions of said courts.

A bill for the protection of owners or keepers of horses and buggies.

A bill to repeal articles 1 to 12, inclusive, of chapter 2 of volume 1 of the Code, relating to the registration of voters.
A bill to regulate the sale of pistols, to prescribe their weight and length, and for other purposes.

A bill to amend section 1)7 of the Code, so as to change the time of electing justices of the peace and constables.
Hespectfully submitted. JOHN :M. SLAToN, Chairman.

Mr. Shannon, chairman of the Committee on Counties and County :Matters, submitetd the following report:

Jfr. SpeaZer:
The Counties and County :Matters Committee have had un<lcr consideration the followiug hill and instruct me, as their chairman, to report that the committee recommend that the same do not pass, to wit:
By )[r. Calvin of Richmond-
A bill to amend the charter of Harrisonville, m th(' county of Richmond, ana for other purposes.

TUESDAY, NOVEMBER 18, 1902.

385

They have also had under consideration the following bills and instruct me, as their chairman, to report back the same with the recommendation that the same do pass, to wit:

A bill to establish a public school system in the town of Ocilla.

A bill to create a charter for the city of Jonesboro, in the county of Clayton.

A bill to create a board of county comm1sswners for Berrien county.

A bill to incorporate the Vega school district, in Pike county.

A bill creating a board of county commissioners for the cou~1ty of Glynn.
Respectfully submitted.
JNO. n. SHANNON, Chairman.

:Mr. Calvin, chairman of the Committee on General Agriculture, submitted the following report:

}vir. S peal.er:
The Committee on General ~\gricnltnre haYe had under considcratiou Hrm;;c bill No. 40, by :.Mr. Blackburn of Fulton, being a bill to be entitled an Act to repeal an Act passocl by the General Assembly of Georgia and approve<l on December 7, 1SDD, an<l set forth in the public laws of Georgia for the year 1S!HI, on pages 2() and 30, the title of which is a;;; bllmn;, to wit: ''An Act to amend sections 1778 and 1781 of the Corle of Georgia of 18%, in regard
25 h j

386

JOURNAL OF THE HOUSE.

to stock law in militia districts, by providing when an<l on what conditions the stock law is to go into effect in such dif'tricts," and instruct me to report the same back to the House with a recommendation that it do not pass.
Respectfully submitted.
Jl.fARTI~ V. CALVIN, Chairman.

Mr. Stewart, chairman of the Committee on Immigration, submitted the following report:

.Mr. 8peal.:t3r:
Your Committee on Immigration have had under consideration House bill No. 116, by }Ir. Glenn of whitfield, to amend the present immigration law, and instruct me, as their chairman, to report said bill back with a recommendation that the same do not pass.
Respe~tfully submitted. J. T. STEWART, Chairman.
Mr. Wilson and :Mr. Steed of Taylor, a majority of the special joint committee to examine the present lease system of the misdemeanor convicts, submitted the following report:

ll1r. Spca~:er:
Your special committee to investigate and report whether or not it is practicable to work the felony convicts of this State upon the public roads and looking to the abolishment of the lease system, beg leave to submit the following report:
1. We find that to work these convicts on the public roads wonl<l cost the taxpayers of the several counties of

TuESDAY, NOVEMBER 18, 1902.

387-

this State not less than five hundred thousand ($500,000) dollars, besides taking from the common school fnnd of" the State at least ninety thousand ($DO,OOO.OO) dollars,. which would have to, in justice to the common schools, b<Y raised by direct taxation.

We further find that the moral effect under such a system would be bad upon both the convict and the public,. and the chances of escape would be greatly increased.

To work these convicts on public works, would also require portable camps at a great cost to all counties not now working their felony convicts.

Therefore we, the majority of the committee, beg leave to submit the following specific report:

That we recommend the passage of a bill providing for the hiring out of certain felony convicts and providing fqr the manner in which bids for said convicts shall be received and disposed of, and enlarging and extending the powers of the prison commission so as to provide for suitable punishment for any mismanagement of misdemeanor convicts,. to appropriate one hundred thouRand ($100,000.00) dollars of this hire to the common schools,, and to put aside the remainder of the proceeds arising from this source, to be lm_own as a prison fund, which shall, at the expiration of the five years, under appropriate legislation, be used in purchasing farms and equipping same, and providing other work for the employment of these convicts at the expiration of the lease herein mentioned.
Rc~pectfully submitted.
CLARENCE WILSON'
w. E. STEED.

388

JOURNAL OF THE HOUSE.

The Speaker announced the following committee to investigate the Soldiers' Home, to wit:

:Mr. Beall of Paulding, chairman; Messrs. Jones of Dougherty, Knowles, Stanford Harden.

By unanimous consent the following bills were introduced and read the first time, to wit:

By :Mr. Dunbar of Richmond-

A resolution to pay ~[rs. Agnes Renew the pension due her husband.

Referred to Committee on Pensions.

By :Mr. Fields of Dooly-

A bill to amend an Act to incorporate the town of Pinehurst, and for other purposes.
Referred to Special Judiciary Committee.
By unanimous consent the following bill was read the second time, to wit:

By Mr. Kelly of Glascock-
A bill to revise the elections laws of the State of Georgia, and for other purposes.
The following message "as rerei\e<l from the Senate through :.\1 r. X ort hen, the Secretary thereof:

The ~c'nate has passe<l by the requisite eonst.itutional majority the follo\ring bills of tlw Senate, to wit:

TUESDAY, NOVEMBER 18, 1902.

389

A bill to prohibit the adulteration of the spirits of turpentine in this State.

A bill to be entitled an Act to incorporate the Forsyth school district, in J\onroe county.
A bill to be entitled an Act to repeal an Act entitled an Act to authorize the Governor to appoint an agent to look after the property of the State of Georgia.
The following bill, which was made the special order for to-day, at this hour, was taken up, read the third time and put upon its passage, to wit:

By :Mr. Hall of Bibb-

A bill to prohibit any railroad, express, telegraph or telephone companies in this State, or doing business in this State, sending to any public officer in this State, any gift or grant of any character whatsoever, and for other purposes.
The following amendments were offered, to wit:

By :Mr. Blackburn o:f Fulton-
Amend by inserting in line four in sai<l section, after the words "in municipal," "for the purpose of influencing his official act."

The amendment was lost.

By Mr. Fields of Dooly-
Amend by inserting after the wor<l "to," in line two of section six, the :following words: "any employee of said corporations or."
The amendment was lost.

]OURNAI. OF THE HOUSJt
By ~\lr. l:nderwood of White-
.\mend section 1 by striking out all of said section four after the word ''paid,'~ in the second line of said section, and inserting in lieu thereof the following: "To the county Hchool commissionc~rs of the county in which the prosecu .tion and conviction was had after paying the costs of the ()fficers of court in that case, which fund, so remaining, shall be added in the educational fund of said county and paid out by order of the board of education of such county for public school purposes only."
The amendment was lost.
By ~\I r. Hankin of Gordon-
.Amen<l section 4 by striking therefrom the following: "'and there become a fund for the payment of insolvent c:osts."
The amendment was lost.
The following amendments were also read and adopted, to wit:
By ~fr. West of Lo,mdes-
.\mend the caption by inserting "street railroad" after the -word "railroads," in first line, and amend section 1 by in,o,erting the words "street railroads" after the word "railroads," in line :3 of said section.
The f0llowing amendment was offered by the committee, which was adopteu, to wit:
Amend by inserting "1 039" after the word "section," in tlte fonrth line of section 5.

TUESDAY, NOVEMBER 18, 1902.

391

Mr. Wellborn of Union, called for the previous question on the bill and pending amendments, which call was sustained and the main question ordered.
The report o the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill Mr. Hall of Bibb, called for the ayes and nays, which call was sustained, and on taking the ballot t'iva race the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, Akin, Almond, Beauchamp, Hell of Emanuel, Boy kin, Brown, Huchannon, Uandler, Uonner, llook, Davis, Deal, Duggan, Edwards, English, Felder, Fields, Flanigan, Flynt, I'oster of Oconee, Gaulden, Glenn,

Grice,

Owen,

Hall,

O'<.luinn,

Hardeman,

Paulk of Irwin,

Hayes,

Rankin,

Hendry,

Redwine,

Hixon of llarroll, Rice,

Hixon of 8umter. Richardson,

Holder,

Rogers of Hall,

Houston,

Rountree,

Howell,

Shackelford,

Hutcheson,

!':laton,

Jones of Dougherty, Stanford,

Kelly,

Steed of llarroll,

Kent,

Thompson,

I\. night,

Thurman,

Lawrence,

Tigner,

Little,

Underwood,

Lowe,

Walker of Monroe,

Martin,

Walker of Pierce,

Mills,

'Vise,

Mitcham,

Womble,

Mitchell,

Wooten,

McHenry,

Those yoting in the negative were Messrs.-

Alexander, Alford,

Ayres, Baldwin,

Blackburn, Bowen,

392
Brock, Bruce, Burton, Bush, Butts, Ualvin, Uann, Cal'l', ()arrington, Cllatt, Uromartie, Urumbly, Daves, Davison, Dozier, Duckett, Dunbar, Ennis,
~vans,
Franklin, l<'ussell, George,

JOURNAL OF THE HOUSE.

Grenade,

Paulk of Uoiiee,

Grltlln,

Peyton,

Harden,

Phillips of Jetrerson,

Hawes,

Phillips of Quitman,

Henry,

Preston,

Howard of .Baldwm, Rainey,

Johnson of Ulinch, Hawls,

Johnson of Urawrord,Rogers of Mcintosh,

.Tones of Picken!', Roper,

Kendrick,

Spence,

Kilburn,

Steed of Taylor,

Lanier,

Stewdrt,

Miller of Muscogee, Stovall,

Moses,

Strickland,

Mulherin,

'!'racy,

McUurry,

Valentine,

McElmurray,

\Varren,

?.lcHae,

wellborn,

Nisbet,

West,

Parker, Pate of Dooly,

'Vilson, Yates,

Those not voting were Messrs.-

Arnold,

Johnson of Baker,

Beall,

Knowles,

Bell or Milton,

Lane,

Booth,

Mann,

Bower,

Maples,

Brinson,

Mayson,

Buchan,

Miller of Bullock,

Carswell,

Mizell,

Derricl,

Morton,

Foster of 'l'owns, McLain,

Hicks,

McBride,

Howard of Laurens, Newto,n,

Overstreet, Pate of Gwinnett, Proctor, Reid, Ridley, Sanders, Shannon, Singletary, 'Vatson, Welch, Whitley, Mr. Speaker.

~Ir. wellborn of Union asked unanimous consent to dispense with the verification of the roll-call, but objection was raised and the roll-call was then verified.

TUESDAY, NOVEMBER 18, 1902.

3S3.

On the passage of the bill the ayes were 68, nays 70.

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

l\fr. Feldel' of Bibb moved that the Honse adjonrn, which motion prevailed.

LcaYe of absenf'e was granted to Messrs. Singletary of Thomas, \Vatson, Foster of Oconee, Parker of Talbot.

Tlw Speaker then announced the Honse adjourned until 9 o'clock to-morrow morning.

.394

JOURNAL OF THE HOUSE.

Atlanta, Georgia,

Wednesday, November 19, 1902.

The House met pursuant to adjournment at 9 o'clock a.m. this day, was called to order by the Speaker and opened with prayer by Rev. C. S. T. Strickland of the county of Tattnall.

The roll was called and the following members answered to their names:

Adams, Akin, Alexander, Alford, Almond, Arnold, Ayres, Baldwin, Beauchamp, Hell or Emanuel, Bell or Milton, Blackburn, Bowen, Hoy kin, Brock, Brown, Bruce, Buchan, Huchannon, Burton, Hush, Butts, Calvin, Candler, -<Jann,

Carr, Carrington, Carswell, Cllatt, Conner, Cook, Cromartie, Crumbly, Davis, Davison, Deal, Dozier, Duggan, Dunbar, Edwards, English, Ennis, Evans, Felder, Flanigan, Flynt, I<' rank lin, Fussell, George, Hlenn,

Grenade, Grice, Grlttin, Hall, Hardeman, Harden, Hawes, Hayes, Hendry, Hicks, Hixon of Uarroll, Hixon of Sumter, Holder, Houston, Howard of Baldwin, Howell, Hutcheson, Johnson of Baker, Johnson of Clinch, Johnson or Crawford, Jones of Dougherty, Jones of Pickens, Kelly, Kendrick, Kent,

WEDNESDAY, NOVEMBER 19, 1902.

395

Kilburn, !\.night, Knowles, Lane, Lanier, Little, Lowe, Martin, Mayson, Miller of Muscogee, Mills, Mitcham, Mitchell, :\IIzell, Moses, Mulherin, McCurry, McElmurray, McHenry, McLain, i\IrRae, Nisbet, ()wen,

O'Qulnn,

Stanford,

Paulk of Ooll'ee, Steed of Taylor,

Paulk of Irwin, Stewart,

Peyton,

Stovall,

Phillips of Jell'erson, Strickland,

Preston,

Thompson,

Proctor,

Thurman,

Rainey,

Tigner,

Rankin,

.rracy,

Rawls,

Underwood,

Redwine,

Valentine,

Reid,

Walker of Monroe,

Rice,

Walker of Pierce,

Richardson,

'Varren,

Ridley,

Wellborn,

Rogers of Hall,

West,

Rogers of Mcintosh, Whitlt>y,

Rountree,

Wilson,

Shackelford,

Wise,

Shannon,

Womble,

Singletary,

'Vooten,

Slaton,

Yates.

Spence,

Mr. Speaker.

Those absent were Messrs.-

Beall, Booth, Bower, Brinson, Daves, Derrick, Duckett, Fields, Foster of Oconee, Foster of '!'owns,

Gaulden,

Overstreet,

Henry,

Parker,

Howard of Laurens, Pate of Dooly,

Lawrence,

Pate of Gwinnett,

Mann,

Phillips of Quitman,

Maples,

!toper,

Miller of Bullock, Sanders,

Morton,

Steed. of Carroll,

McBride,

\Vatson,

Newton,

Welch,

Mr. Flanigan of the Committee on Journals reported that the Journal of yesterday's proceedings had been examined and found correct.

396

JOURNAL OF THE HOUSE.

The Journal was read and confirmed.

Mr. Hall of Bibb gave notice that at the proper time he would move to reconsider the action of the House in not passing the hill known as the "Anti Pass" bill.

The following resolution was read and on motion of Mr. Steed of Taylor was referred to the Committee on Rules, to wit:
By Mr. Tigner of Muscogee-
A resolution providing for the reference of all bills in regard to the taxation of franchises to a special committee.
At the request of the author House bill :No. 163 was withdrawn.

By unanimous consent the following bills were read, to wit:

By Mr. Steed of Taylor-
A resolution to appropriate $15,000 for the purpose of making needed repairs to the capitol building.

Referred to Committee on Appropriations.

By Mr~ Akin. of Bartow-

A bill to provide for changing the times of holding the regular terms of the superior courts of this State and for other purposes.
Referred to General Judiciary Committee.

WEDNESDAY, NOVEMBER 19, 1902.

397

The following message was received from the Senate through Mr. Northen, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit:

A bill to fix and prescribe the boundaries of land adja-
cent to or covered by or bordering on all tide-waters in this State.

A bill to amend section 2412, volume 2 of the Code of 1895.

A bill to amend section 401 of volume 3 of the Code of 1895.

A bill to alter and amend article 8, section 4, paragraph 1 of the Constitution of the State.

The Senate has also passed by the requisite constitutional majority the following bill of the House, to wit:

A bill to provide compensation for deputy sheriffs and bailiffs of superior and city courts in counties having cities with population of 50,000 or more.

The following bill of the House having failed to receive the requisite constitutional majority was lost, to wit :

A bill to amend an Act amending paragraph 7 of section 107 of the Code of 1895.

The following bill, which was made the special order for to-day, was taken up, read the third time and put upon its passage, to wit:

398

]OURNAI. OF THE HOUSE.

By Mr. Kelly of Glascock-

A bill to revise the election laws of this State, and for other purposes.

Mr. Hall of Bibb moved that on account of the great importance of the bill, the House resolve itself into a Committee of the Whole and consider the bill section by section, which motion prevailed.

The House then resolved itself into a Committee of the Whole for the purpose of considering the bill, and the Speaker designated as chairman of said committee Mr. Felder of Bibb.

After a consideration of the bill the committee arose, and through their chairman reported the same back to the House with the recommendation that it do pass as amended.

The committee offered the following amendments, which were read and adopted, to wit:

Mr. West, of Lowndes, moved to table the bill, and on that motion Mr. Hall, of Bibb, called for the ayes and nays, which call was sustained, and on taking the ballot viva voce the vote was as follows :

Those voting in the affirmative were :Messrs.-

Adams, Alford, Arnold, Baldwin, How en, Boy kin, Buchan, Burton,

Bush, Carr, Carrington, Cook, Crumbly, Davison, Ennis, George,

Grlmn, Hardeman, Hawes, Hutcheson, .Johnson of Clinch, Johnson of Crawford, Jones of Pickens, McCurry,

WEDNESDAY, NOVEMBER 191 1902.

39~

1\IcEJmurray, Paulk or uorree, Paulk of Irwin, Peyton, Proctor, Rainey, Rawls,

Reid,

Underwood,

Ridley,

Walker of Pierce,

Rogers of Hall,

Warren,

Rogers of Mcintosh, West,

Stanford,

Wise,

Thompson,

Womble,

Tracy,

Yates.

Those voting in the negative were Messrs.-

Alexander,

Franklin,

Mitcllell,

Almond,

Glenn,

Mizell,

Ayres,

Grenade,

.Mulherin,

Beauchamp,

Grice,

McHenry,

Bell of Emanuel, Hall,

lllcLaln,

Blackburn,

Harden,

McHae.

Brown,

Hayes,

Owen,

Bruce,

Hendry,

O'Qulnn,

Buchannon,

Hicks,

l'hlllips of J errerson.

Butts,

Hixon of Uarroll, Preston,

Ualvln,

Hixon or Sumter, Hankin,

Uandler,

Holder,

Redwine,

Cann, <Jars well,

f ~~

Houston,

Rice,

Howard of Baldwin, .tUchardson,

Ullatt, Conner, Uromartle,

.. Howell,

Rountree,

\..'"~: .1

Jones of Dougherty, Kelly,

Shackelford, Slaton,

Davis,

Kendrick,

Spence,

Deal,

1\:ent,

Stovall,

Duggan,

1\:ilburn,

'l'hurrnan,

Dunbar,

Knight,

Tigner,

English,

Lane,

Valentine.

Evans,

',<fl'.

Lanier,

Walker of Monroe.

!''elder, Flanigan, l'lynt,

Lawrence, Little, Lowe,

Wellborn, Whitley, Wilson, Wooten.

Those not voting were Messrs.-

Akin, Beau, . Bell of Mllton,

Booth, Bower, Brinson,

Brock,

.. -

Daves,

Derrick,

400

J'OURNAL OF THE HOUSE.

Dozier,

Martin,

Duckett,

Mayson,

Edwards,

Miller or Bullock,

Fields,

Miller or Muscogee,

}j'oster or oconee, Mills,

J<'oster of Towns, Mitcham,

Fussell,

Morton,

Gaulden,

Moses,

Henry,

McBride,

Howard of Laurens, Newton,

Johnson of Hak,.,, Nisbet,

Knowles,

Overstreet,

Mann,

Parker,

1\faples,

Pate or Dooly,

Pate or Gwlnnett, Phillips of Quitman,
Roper, Sander.s, Shannon, Singletary, Steed of Carroll, Steed of Taylor, Stewart, Strickland, watson. Welch, Mr. Speaker.

On motion of Mr. Jones, of Dougherty, the verification of the roll-call was dispensed with.

On the motion to table the bill the ayes were 45, nays 79. The motion to table was therefore lost.

Mr. Jones of Dougherty, called for the previous question, which call was sustained and the main question ordered.

On the passage of the bill Mr. Kelley called for the ayes and nays, which call was mstained, and on taking the ballot viva voce the vote was as follows .

Those voting in the affirmative were Messrs.-

Adams, Akin, 1\lexander, i\.lford, Almond, Ayres, Beauchamp, Bell of Emanuel, Blackburn,

Hoy kin, Brown, .Bruce, Buchan, Buchannon, Butts, Calvin, Candler, Cann,

Carswell, Cliatt, Conner, Cromartie, Davis, Deal, Duggan, Dunbar, Edwards,

WEDNESDAY, NOVEMBHR 19, 19()2.

401

Evans,

Johnson of Urawford,Phlllips of Jetrerson,

!!'elder,

Jones of Dougherty, Preston,

l''Ianigan,

Jones of Pickens, Rainey,

J!'lynt,

Kelly,

Rankin,

l<'ranklin,

Kendrick,

Hedwine,

George,

Kent,

Hice,

Glenn,

Kilburn,

Richardt~on,

Grenade,

Lane,

Rountree,

Grice,

Lanier,

Shackelford,

Hall,

Lawrence,

Slaton,

Hardeman,

Little,

Spence,

Harden,

Mitchell,

l'ltanford,

Hayes,

Mizell,

Stovall,

Hendry,

Mulherin,

Thurman,

Hicks,

.M,cUurry,

Tigner,

Hixon of Uarroll, McHenry,

Tracy,

Hixon of Sumter, McLain,

Valentine,

Holder,

McRae,

Walker of Monroe,

Houston,

Nisbet,

Walker of Pierce,

Howard of Baldwin, Owen,

Whitley,

Howell, Hutcheson,

O'Quinn, Paulk of Irwin,

Wilson, Wooten,

Those voting in the negative were MessrEL-

Arnold, Baldwin, Burton. Bush, Carrington, Cook, Urumbly, Davison, English, Ennis, GrUHn,

Hawes, Johnson of Ulinch, Knight, Lowe, McElmurray, Paulk of Uotree, Proctor, Rawls, Reid, Ridley, Rogers of Hall,

Rogers of Mcintosh, Steed of Taylor, Strickland, Thompson, Underwood, Warren, Wellborn, West. Wise, Womble, Yates,

Those not voting were Messrs.-

Beall, Bell of Milton, Booth,
26 h j

Bowen, Bower, Brinson,

Brock, Carr, Daves,

402

JOURNAL OF THE HOUSE.

Derrick,

.\fa pies,

Dozier,

Martin,

Duckett,

Mayson,

Fields,

Miller of Bullock,

Fostn of Oconee, Miller of Muscogee,

Foster of 'l'owns, Mills,

.lfusseH,

Mitcham,

Gaulden,

Morton,

Henry,

Moses,

Howard of Laurens, McBride,

Johnson of Baker, Newton,

Knowles,

Overstreet,

Mann,

Parker,

Pate of Dooly, Pate of Gwlnnett, Peyton, Phillips or Quitman, Roper, Sanders, Shannon, Singletary, Steed of Carroll, Stewart, 'Vatson. Welch, l\Ir. Speaker.

The roll-call was verified, and it was found that on thl' passage of the bill the ayes were 93, nays 33.

The bill having received the requisite constitutional majority was passed as amended.
Leave of absence was granted to Mr. Dozier of Troup.

Leave was also granted the Sub-committee on Penitentiary until Monday.

The hour of adjournment having arrived the Speaker announcP.d the House adjourned until 9 o'clock to-morrow.

THURSDAY 1 NOVEMBER 20, ~ 902.

403

Atlanta, Ga.

Thursday, November ~0, 1902.

The House met pursuant to adjournment at 9 o'clock a.m. this day; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called and the following members answered to their names:

Adams, .Itkin, Alexander, Alford, AJmond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Bowen, Boy kin, Brock, Brown, Bruce, Buchan, Buchnnnon, Burton, Bush, Butts, Calvin, Candler, Cann,

Carr, Carrington, Carswell, Cliatt, Conner, Cool;::, Cromartie, Crumoly, DaYis, Davison, Deal, Derrick, Duggan, Dunbar, Edwards, English, Ennis, Evans, Felder, l<'lelds, l<'lnnlgan, l<'lynt, Foster or Oconee, Foster of ~'owns, Franklin, Fussell, George,

Ulcnn, Grenade, Grice, Griffin, Hall, Harden, Hawes, Hayes, Hendry, Hicks, Hixon or Carroll, Houston, Howell, Hutcheson, Johnson of Clinch. Johnson of Crawford, Jones of Dougherty, Jones of Pickens, Kelly, J(endrick, l{ent, Kilburn, Knight, l(nowles, Lane, Lanier, Lawrence,

404

]OURNAL OF THE HOUSR.

Little, Lowe, 1\Iann, Maples,
~Iartin,
Miller of Bullock, Miller of Muscogee, Mills, Mitcham, Mitchell, 1\iizell, 1\Iulherln, McBride, McCurry, Mcl<Jlmurray, McHenry, .\IcLain, McHae, 'Nisbet, owen, rate of Gwinnett,

Paulk of Uotree,

Stanford,

Paulk of lrwin,

Steed of 'l'aylor,

Peyton,

Stewart,

Phillips of J etrerson, Stovall,

Preston,

Strickland,

Proctor,

~'hompson,

Hainey,

'l'hurman,

Rankin,

Tigner,

Hawls,

~racy,

Hedwlne,

Underwood,

Held,

Valentine,

Rice,

Walker of Monroe,

Richardson,

'Valker of Pierce.

Ridley,

Wellborn,

Rogers of Hall,

West,

Rogers of Mcintosh, Whitley,

Rountree, Sanders, Sliackelford, Slaton, Spence,

'Vilson, 'Vise, Womble, 'Vooten, Yates. Mr. Speaker.

Those absent were Messrs.-

Bow~r.
Brinson, Daves, Dozier, Duckett, Gaulden, Hardeman,' Henry, Hixon of Sumter, Holder,

Howard of Baldwin, Pate of Dooly,

Howard of Laurens, Phillips of Quitman,

.Tohnson of Baker, Roper,

1\Iayson,

Shannon,

Morton,

Singletary,

Moses,

Steed of Carroll,

Newton,

\Varren,

OYerstreet,

\Vatson,

O'Quinn,

'Velch,

Parker,

Mr. Flanigan, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correst.

On motion of Mr. Franklin of Washington, the reading Of the Journal was dispensed with.

THURSDAY, NOVEMBER 20, 1902.

40&

On motion of Mr. Gri~e of Pulaski, House resolution No. 50, which was adversely reported by the committee, was taken from the table and placed upon the Calendar.

On motion of Mr. Felder of Bibb, the order of business was displaced and the following bills were introduced,_ read the first time and appropriately referrecl, to wit:

By Mr. Mulherin of Richmond-

A bill to amend the charter of the city of Augusta so asto provide for the paying of a commutation tax by the citizens of said city, and for other purposes.

Referred to General Judiciary Committee.

Mr. Adams, chairman of the Committee on Temperance, submitted the following report :

Mr. Speaker:

The Committee on Temperance, having had under con-
sideration the following bill, report the same back to the House with the recommendation that it do not pass, to wit~

By Mr. Stanford of Harris-

House bill No. 165, to establish a dispensary in the city of Hamilton, Harris county.

Respectfully submitted. GEO. W. ADAMS, Chairman.

Mr. Hawes, chairman of Committee on Pensions, submitted the following report :

406

JOURNAL OF THE HOUSE.

Mr. Speaker:

The Committee on Pensions have had under consideration the following House bills, which I am instructed to report back to the House with the recommendation that the eame do pass, to wit :

.A bill to prescribe that no person owning more than one thousand dollars of property or earning more or having larger income than three hundred dollars per annum shall draw a pension in this State.

.Also, a bill to amend section 1643, volume 1 of the Code of 1895, providing what Confederate soldiers shall be allowed to conduct the business of traveling life insurance agents, and for other purposes.

The Committee on Pensions have also had under consideration the following House resolution, which I am instructed to report back to the House with the recommen dation that the same do pass, to wit:

.A resolution to pay pension of $60.00 to Mrs. .Agnes Renew.

The Committee on Pensions have also Lad under consideration th"l following House bill which I am instru<'ted to report back to the House with the recommendation that the same do not pass, to wit:
.A bill to pay pension to T. J. Long.
The committee have also had under consideration the following House resolution, 'which I am instructed to report back to the House with the recommendation that same do not pass, to wit :

THURSDAY, NOVEMBER 20, 1902.

407

A resolution to pay pension of James S. Hale to .\. M. Williams.

RespPctfully submitted.

P.M. HAWES, Chairman.

Mr. Flynt, chairman of the Special Judiciary Committee, submitted the following report:
~Jr. Speaker:
The Special Judiciary Committee have h.ad under consideration the following House bills, which I am instructed, as their chairman, to report back with the recommendation that the same do pass, to wit :
A bill to change the time of holding the superior court of Telfair county.
A bill to establish the city court of Fayetteville, and for other purposes.
A bill to amend the charter of Fayetteville, and for other purposes.
A bill to authorize the mayor and council of Palmetto to issue school bonds.
A bill to amend an Act to establish the city court of Valdosta, and for other purposes.
A bill to amend an Act to eatablish a city court in the county of Bartow, and for other purposes.

408

JOURNAL OF THE: HOUSE:.

A bill repealing the charter of the town of Statesboro.

A bill incorporating the city of Statesboro.

A bill to change the corporate limits of the city of Albany, Georgia, and for other purposes.

A bill to make it unlawful to manufacture intoxicating liquors, except domestic wines, in the county of Douglas, and for other purposes.

A bill to increase the salaries of judges of the superior courts.

A bill to amend the charter of the city of Brunswick.

Also, the following House bill, with the recommendation that it do not pass, to wit:

A bill to amend section 1097 of the Criminal Code.

Also, the following Senate bill, with the recommendation that the same do pass, to wit :

A bill to amend an Act reviving the office of State Geologist, and for other purposes.

Also, the following House bills, with the recommendation that the same do pass as amended, to wit:

A bill to amend an Act approved October 31, 1901, creating the city court of Sandersville, and for other purposes.

THURSDAY, NOVEMBER 20, 1902.

409'

A bill to amend section 81:3, vol. III., of the Code of 1895, providing for the appointment of jury commissioners.

Respectfully submitted.

J. J. FLYNT, Chairman.

Mr. Davis, chairman of the Committee on Appropriations, submitted the following report :

J.Vfr. Speaker:

The Committee on Apptopriations have had under consideration the following resolution, which they instruct me, as their chairman, to report back to the Honse with the recommendation that the same do not pass, to wit :

A resolution to authorize the Governor to subscribe toand purchase the " Georgia Justice."

Respectfully submitted.

CHAS. L. DAVIS, Chairman.

Mr. Davis, chairman of the Committee ou _Appropriations, submitted the following report :
Mr. Speaker:
The Committee on Appropriations have had under consideration the following resolution, which they instruct me to report back to the House with the recommendation that the same do pass, to wit :

410

]OURNAL OF THE HOUSE.

A resolution to appropriate the sum of $15,000 for the purpose of making needed repairs to the capitol building.

The committee also instruct me to report the accompa-

nying communication to the House, which is addressed to

one of the members of said committee, with the recommen-

dation that it be read before the House and spread in full

.upon the Journal.



Respectfully submitted.

CHAS. L. DAVIS, Chairman.

Mr. Akin, chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. Speal.er:
Your Committee on Amendments to the Constitution have had under consideration House bill No. 299, entitled ''Au Act to amend par. 1, sec. 4, article 6 of the Constitution," by Mr. Ayres of Polk, and report the same back to the House with the recommendation that the same do not pass.
.JoHx W. AKrx, Chairman.

Mr. Slaton, chairman of the General .T udiciary Committee, submitted the following report :

Nr. Speaker:
The General ,Judiciary Committee have had under consideration the following House bills, which they have instructed me, as their chairman, tv report back with the recommendation that the same do pass as amended, to wit :

THu~SDAY, NovEMBER 20, 1~02.

411

A bill to rPquire all prison-made goods to be labelled "'' Prison Made," and for other purposes.

A bill to provide for the manner of disposing of misdemeanor cases in the several county courts of this State, and for other purposes.

A bill to regulate the filing and accepting of second claims, and for other purposes.

A bill to amend section 4612 of the Civil Code so as to add a penalty for filing claims made in bad faith.

A bill to amend section 4623 of the Civil Code, which prescribes the oath administered to juries in claim cases.

The General Judiciary Committee have also had under consideration the following House bill, which I am instructed, as their chairman, to report back with the recommendation that it do not pasfl, to wit:

A bill to prescribe and limit the fees of solicitorAgeneral for prosecuting the felonies that were reduced to misdemeanors by the Act of March 20, 1866, and for other purposes.

The committee have also instructed me, as their chaitman, to report back the following House bill with the recommendation that it be read a second time and recommitted to the same committee, to wit:

A bill to prescribe the amount of salary or wages exempt from garnishment, and for other purposes.
Respectfully submitted. JoHN M. SLATON, Chairman.

412

JOURNAL OF THE HOUSE.

Mr. Holder, chairman of the Committee on Education~ submitted the following report :

.Mr. Speaker:
'l'he Committee on Education have had under consideration the following House bill, which I am instructed to report back with the recommendation that it do pass, to wit:

A bill to create and establish a permanent loan fund in the treasury of the State of Georgia to be used for the prompt monthly payment of teachers in the common schools.

Also, the following House resolution, with the recommendation that it do pass, to wit :

A resr1lution extending the time of the superintendent of the State larm to make certain improvements on the grounds of the Georgia Normal and Industrial College.

'l'he committee have also had under consideration the following House bill, which I am instructed to report back with the recommendation that the author be allowed to withdraw the same, to wit:

A bill to incorporate "Diamond School District" m DeKalb county, and for other purposes.

Respectfully submitted.

JNo. N. HoLDER, Chairman.

Mr. Conner, chairman of the Committee on Special Agriculture, submitted the following report:

THURSDAY, NovEMBER 20, 1902.

413

Mr. Speaker:

The Committee on Special Agriculture has had under consideration House bill No 228, by Mr. Bush of Miller, and report the same back to the House with a recommendation that it do pass as amended.

Hespectiully submitted.

J. J. CoNNER, Chairman.

Mr. Rainey, chairman of the Committee on Public Property, submitted the following report :

Mr. Spealcer:
The Committee on Public Property, having had under consideration House bill No. 322, instructs me report it back with the recommendation that it do pass.

Respectfully submitted.

E. L. RAINEY, Chairman.

Mr. Phillips of Jefferson, Vice-Chairman of the Committee on Counties and County Matters, submitted the following report:

Jfr. Speake?':

Your Committee on Counties and County Matters have had under consideration the following bill, and instruct me as their Vice-Chairman to report back the same with the recommendation that the same do pass as amended, to wit :

A bill to amend the general county court Act in so far as it refers to the county of Greene, and for other purposes.

414

JOURNAL OF. THE HOUSlt.

They have also had under consideration the following bill and instruct me to report back the same with the recommendation that the same do not pass, to wit :

A bill to provide for the establishment of a dispensary in the county of Johnson, and for other purposes.

Respectfully submitted.

J. R. PHILLIPS, Vice-Chairman.

By unanimous consent the following bill was read the second time and recommitted to the General Judiciary Committee, to wit:

By Mr.. West of Lowndes-

A bill to prescribe the amount of wages of laborers and others that may be exempt from process of garnishment, and. for other purposes.
Mr. Fussell of Chattahoochee moved to withdraw House bill No. 65 from the General Judiciary Oommittee, and that the same be put on the Calendar in its regular order, which motion prevailed.

By unanimous consent House hill No. 138 was referred to the Committee ou Bauks and Banking.

The undersigned members of the Committee on Corporations submitted the following minority rPport on House bill No. 139 :

lllr. Speaker: The undersigned members of the Committee on Corpo-

THURSDAY, NOVEMBER 20, 1902.

415

rations file this their minority report, and recommend that bill No. 139 do not pass.

HENRY H. LITTLE,

c. N.

CARR,

J. H. DERRICK,

G. H. CARSWELL,
w. H. YATES,

A. P. McLAIN,

JAMES B. HICKS.

The following resolution was read and adopted, to wit:

By Mr. Johnson of Clinch-

A resolution providing that 300 copies of House bill No. 188 be printed for the use of the House.

At the request of the author House bill No. 116 was pldced on the Calenda,r.

On motion of Mr. Hall of Bibb, 175 copies of House bill No. 97 were order printed for the use of the Mouse.

At the request of the authors House bills Nos. 114, 147, 165, which were reported adversely by the committee, were placed upon the Calendar.

By unanimous consent the following bills were read the second time, to wit:

By Mr. Steed of Taylor-

A resolution to appropriate $15,000 to make repairs on the capitol building.
The following Senate bill was read the second time:

416

]OURNAI. OF THE HOUSE.

By Mr. McMichael of the 24th District-

A bill to repeal an Act to establish county courts so far as the same relates to the county of Marion.

By Mr. Howell of Meriwether-.

A bill to create a permanent loan fund m the State treasury.

By Mr. Stanford of Harris-

A bill to establish the city court of Hamilton .

.By Messrs. Deal and Miller of Bullock-

A bill to incorporate the city of Statesboro.

By Messrs. Deal and Miller of BullockA bill to repeal the charter of the town of Statesboro. By Mr. Reid of Campbell-

A bill to authorize the mayor and council of Palmetto to issue bonds.

At the request of Mr. Mitchell of Thomas, House bill No. 123 was recommitted to the General Judiciary Committee.

The following message was received from the Governor through Mr. Erwin, his Secretary:
llh. Speal.:c1:
The Governor bas approved the following Acts of the General Assembly, to wit:

THURSDAY, NovEMBER 20, 1902.

417

An Act to incorporate the Tennille school district in Washington county ; to define its boundaries, regulate management, provide revenue and create a board of education.

Also, an act to abolish the county court of Screven county, and for other purposes.

Also, a resolution providing for a joint finance committee, in accordance with section 304 of the Code of Georgia.

The following message was received from the Senate through Mr. Northeu, the Secretary thereof:

lrir. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit:

A bill to amend section 311 of the Penal Code.

A bill to al):lend section 4315 of the Code of Georgia of 1895.

A bill to amend section 982 of vol. 1 of the Code of Georgia of 1895.

A bill to amend an Act iueorporating the town of Midville in the county of Burke.
A bill to inm:ease the number of terms of the superior court of Richmond county, and for other purposes.

A bill to amend section.2180 of volume 2 of the Code of the State of Georgia of 1~95.
27 h j

418

JOURNAL OF THE HOUSE.

The Senate has also passed by requisite constitutional majority the following bills of the House, to wit :

A bill to amend an Act approved August 28, 1889, entitled "an Act to incorporate the town of McRae, in the county of Telfair, and for other purposes.''

A bill to amend the several Acts incorporating the city of Rome, and for other purposes.

Mr. Shackelford, chairman of the Committee on Corporations, submitted the following report :

Mr. Speaker:
The Committee ou Corporations have had under consideration House bill 139, a bill to be entitled an Act to amend section 45 of the charter of the city of Americus, and instruct me as chairman to report said bill back to the House with the recommendation that the same do pass.
Tnos. J. SHACKELFORD, Chairman Committee on Corporations.
The following message was received from the Senate, through Mr. Northen, the Secretary thereof:

lifr. S pealcer:
The Senate has passed by the requisite constitutional majority the following bill of the HousP, a~ amended, to wit:

A bill to change the time of holding the fall term of the superior court of Mcintosh county ID the Atlantic circuit.

THURSDAY, NOVEMBER 20, 1902.

419

Mr. Morris, chairman ex officio of the Committee on Rules,. submitted the following report:

Mr. Speaker :

The Committee on Rules has had under consideration House resolution No. 64, by Mr. Blackburn of Fulton, fixing a day and an hour when House bill No. 20, as to the establishment of a State patrol, and providing for the printing of three hundred copies of said bill for the use of the House, and has instructed me to report the same back with a recommendation that it pass as amended, viz.:

Making said bill the special order for Tuesday, 25th instant, immediately after the reading of the .Journal, subject to the General Appropriation and General Tax Act.

The committee recommends that House resolution No. 68, by Mr. Steed of Taylor, which provides that hereafter the House shall meet at 9 :30 o'clock a.m. each day, do pass.

The committee recommends that House resolution No. 70, by Mr. Calvin of Richmond, providing for an additional standing committee to be known as the "Committee on Public Roads and Highways,'' do pass as amended, viz.: By striking ftom the list of standing committees the committee on "Hoads and Bridges" and substituting ''Public Roads and Highways."
The committee recommends that House resolution No. 71, by Mr. Deal of Bullock, do pass as amended, providing for thf' printing daily of 200 copies of a Calendar showing Senate and House bills and resolutions (avorably reported for second reading, and Senate and House bills and resolutions for third reading.

420

jOURNAL OF THE HOUSE.

The committee recommends that House resolution No. 73, by Mr. Tigner of Muscogee, providing for the reference of all bills in regard to taxation of franchises to a special committee do not pass.
Respectfully submitted,
N. A MoRRIS, Chairman ex officio.

The following resolutions were read, to wit:
By Mr. Stovall of Chatham-
A resolution providing that the Prison Commission furnish the House with certain information.
The above resolution was ordered to lay over for one day.
By Mr. Blackburn of Fulton--
A resolution making House bill No. 20 the special order for November 20th, and that 300 copies be printed for the use of the House.
The Committee on Rules proposed to amend the above resolution by striking "November 20th,'' and inserting in lieu thereof "Tuesday, November 25th," and by striking 300 copies and inserting in lieu thereof 200 copies.

The resolution wag adopted as amended.

On motion of Mr. Felder of Bibb, House resolution No. 70, providing for an aduitional committee to be known as the "Committee on Public Roads and Highways," was tabled.

THURSDAY, NOVEMBER 20, 1902.

421

The following resolutions were read, to wit: By Mr. Deal of Bullock--

A resolution providing that the Clerk furnish the House with a printed Calendar of each day's business.

The committee proposed to amend the resolution so as to provide that 200 copies of a Calendar, showing Senate and House bills and resolutions favorably reported for a second reading and House bills and resolutions fvr a third reading, be printed.
The resolution was adopted as amended.

By Mr. Steed of Taylor-

A resolution providing that hereafter the House meet at 9:30 o'clock a.m. of each day instead of 9 o'clock a.m.

Mr. Miller of Muscogee proposed to amend by providing that the House meet at 9 :30 a.m. and adjourn at 1 :30 p.m.
The amendment was lost.

The original resolution was then put to the Honse and lost.
The following resolution, which was adversely reported back by the Committee on Rules, was taken up and read and a motion was made to disagree to the report of the committee, to wit :
By Mr. Tigner of Muscogee-
A resolution providing for the appointment ofa committee to whom shall be referred all matters relating to franchises.

422

JOURNAL OF THE HOUSE.

Mr. Harden of Chatham called for the previous question, which call was sustained.

The report of the committee, which was adverse to the passage of the resolution, was agreed to and the resolution was lost.

By unanimous consent the next bills for a first reading were as follows:
By Mr. Cann of Chatham-

A bill to amend section 2167, vol. 2 of the Code, prescribing the powers of railroad corporations, and for other .purposes.

Referred to Conqnittee on Railroads.

By Mr. Knight of Berrien-

A bill to repeal an Act to incorporate the city of Tifton, and for other purposes.

Referred to Committee on Corporations.

By Mr. Grice of Pulaski-

A bill to create a new charter for the city of Hawkinsville, and for other purposes.

Referred to Special Judiciary Committee.

By Mr. Felder of Bibb-

A bill to amend section 1497, vol. 1 of the Code, relative to granting of licenses by the State board of pharmacy, and for other purposes.

THURSDAY, NOVEMBER 20, 1902.

423

Referred to Special Judiciary Committee.

By Mr. Crumbly of Stewart-
A bill to create a new charter for the town of Richland, and for other purposes.

Referred to Committee on Corporations.

By Messrs. McElmurray and Nisbet of Burke-

A hill to amend an Act entitled Act to amend an Act to incorporate the town of Waynesboro, and for other purposes.

Referred to Committee on Corporations.

By Messrs. McElmurray and Nisbet of Burke-

A bill to incorporate the Waynesboro Academy, and for other purposes.

Referred to Committee on Corporations.

By Mr. Fussell of Chattahoochee--

A bill to change the manner of paying tax-receivers, and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Cromartie of Appling--

A bill to fix the salary of the solicitors-general in the State at $2,500, and for other purposes.

Referred to General Judiciary Committee.

424

JOURNAl, OF THE HouSE.

By Mr. West of Lowndes-

A bill to require all railroad companies to furnish their flat cars with standards, and for other purposes.

Referred to General Judiciary Committee.

By Mr. Candler of DeKalb-

A bill to provide for an organization tax on all corporations incorporated under the laws of this State, an9 for other purposes.

Referred to. Committee on Ways and Means.
By Mr. Phillips of Jefferson-
A bill to amend the several Acts to incorporate the town of Louisville, and for other purposes.

Referred to Committee on Counties and County Matters. By Mr. Stanford of Harris-
A bill to relieve Mrs. Lula Murphy from her marital disabilities, and for other purposes.
Referred to Committee on Ways and Means.

By Mr. Carr of Newton-
A bill to make it unlawful to misrepresent the age of any party for whom marriage license is sought, and for other purposes.
Referred to General Judiciary Committee.

THURSDAY, NOVEMBER 20, 1902.

425.-

By Messrs. Thompson and Rodgers of Hall-

A bill to amend an Act to create the city court of Hall county, and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. McHenry of Floyd-
A bill to an~end section 1, paragraph 1, article 7 of the Constitution, which relates to widows' pensions, and for other purposes.

Referred to Committee on Amendments to the Constitution.

By Mr. Flynt of Spalding-

A bill to establish a Scientific and Agricultural School as a branch of the State University, and for other purposes.

Referred to General Agricultural Committee.

By Mr. Wooten of Montgomery-

A bill to incorporate the town of Soperton, and for other purposes.

Referred to Special Judiciary Com mittee.

By Mr. Cann of Chatham-

A bill to amend section 3487, volume 2 of the Code,
relative to the duties of administrators, etc., and for other
purposes.

Referred to General J uciiciary Committee.

426

JOURNAL OF THE HOUSl!t.

By Mr. Oann of Chatham-

A bill to authorize corporations operating suburban or street railways in Georgia to increase their capital stock, and for other purposes.

Referred to Committee on Railroads.

By Mr. Spence of Ware-
A bill to amend an Act fixing the time of holding the superior court of Ware county, and for other purposes.

Referred to General Judiciary Committee.

By Mr. Cann of Chatham-
A bill to authorize any corporation operating street or suburban railways to extend its railroad iu certain cases, and for other purposes.

Referred to Committee on Railrnads. By Messrs. Slaton, Houston and Blackburn of Fulton-

A bill to amend the charter of the town of Oakland, and for other purposes.

Referred to Committee on Education.

By Mr. Spence of Ware-
A resolution to pay pension of Jesse E. Butler to his widow.

Referred to Committee on Pensions.

THURSDAY, NOVEMBER 20, 1902.

427

By Mr. Rountree of Thomas-

A bill to amend an Act entitled an Act to amend the charter oflthe town of Boston, and for .other purposes.

Referred to Special Judiciary Committee.

Hy Mr. Calvin of Richmond-

A resolution providing that so much of the Honse resolution No. 8 as provides for committeemen visiting State institutions submitting vouchers for all expenses, be rescinded.

Referred to Committee on Hules.

By Mr. Alford of Worth (by request).

A bill to amend an Act to establish a .system of public schools in and for the town of Ashburn, Georgia, and for other purposes.

Referred to Committee on Counties and County Matters.

Mr. Jones of Dougherty, chairman of the Committee on Banks and Banking submitted the following report:

Mr. Speaker:

The Committee on Banks and Banking have had under consideration House Bill No. 52, by Mr. Hayes of Macon, amending section 982 of the Code of Georgia of 1895 which provides for the selection by the Governor of banks in certain cities therein named as State depositories and the several Acts of the General Assembly of Georgia amendatory thereof, so as to add the city of Montezuma, in the county

428

JOURNAL OF THE HOUSE.

of Macon, to the list of such cities, and have imtructecl me to report the Bill back to the House with a recommendation that the same do pass.

Also, House Bill No. 109, by Mr. Calvin of Richmond, to abolish the "days of grace'' referrecl to in section 3680, volume 2 of the Code of 1895, and have instructed me to report the same hack to the House with the recommen dation that the same do pass by substitute.

Also, House Bill No. 251, by Mr. Edwards of :\!arion, amending the Charter of the Buena Vista Loan and Savings Bank, and have instructed me to report thfl same back to the House with the recommendation that the same do pass as amended.
Also, House Bill No. 255, by Mr. Calvin of Richmond, "to fix and regulpte the fees of notaries public and other officers in thi::~ State, whose duty it is to protest notes and give notice to endorsers, sureties, or makers of commercial paper and for other purpo::~e10, and have instruuted me to report the same back to the House with the recommendation that the same do pass.

Also, House Bill No. 275, by Mr. Watson of .McDuffie, amending section 98~ of the Code of Georgia of 1895 so as to add the town of Thompson, in McDuffie county, to the list of cities and towns for State dep0sitories, and Instruct me to report the same back to the House with the recommendation that the same do pass.

Also, House Bill No. 88, by .Mr. Evans of Washington, to amend section 982 of volume 1 of Code of Georgia providing for the selection by the Governor of banks in certain cities therein named as State depositories and tbe several Acts amendatory t,hereof: so as to add the city of

THURSDAY, NOVEMBER 20, 1902.

429

Sandersville, in Washington county, Georgia, to the list of such cities and have instructed me to report the same back with the recommendation that the same do not pass.

Also, Senate Bill No. 12, by Mr. Lee of 44th District, to amend section 982 of volume 1 of the Code of Georgia of 1895, providing for the selection by the Governor of the banks in certain cities and towns therein named as State depositories and the several Acts of the General Assemhlyofthe State of Georgia amendatory thereof, so as to add the town of LaFayette, in the county of Walker, State of Georgia, to the list of said cities and towns, and instruct me to report the same back with the recommendation that the f!ame do pass.
Respectfully,
En R. JONES of Dougherty,
Chairman.

Mr. Shackelford, chairman of the Committee on Corporations, submitted the following report:

ltir. Speaker:
The Committe on Corporations have had under considation the following bills of the House and instruct me as chairman to report the same back to the House with the recommendation that the same do pass, to wit:
By Mr. Crumbly of Stewart-
A bill to be entitled an Act to create a new charter for the town of Richland in Stewart county.

430

JOURNAl. OF THE HOUSE.

By Messrs. Du0ket of Banks and Hardeman and Holder of Jackson-

A bill to be entitled an Act to amend an Act approved September 30, 1885, entitled an Act to amend the charter of the town of Maysville.

By Messrs. Hardeman and Holder of .Jackson-

. A Lill to be entitled an Act to incorporate the town of Statham.
Respectfully submitted,
THOS. J. SHACKELFORD,
Chairman Committee on Corporations.

On motion of l\Ir. Mitchell of Thomas the following bill was taken up and the Senate amendment concurred in, to wit:
By Mr. Rogers of Mcintosh-
A bill to change the time of holding the fall term of the superior court of Mcintosh county and for other purposes.
The Senate offered the following amendment, which was concurred in, to wit:
Amend by adding at the end of section 2 the following words: "And all petitions, bills, bonds, writs, summons, mesne and final process and othet procesEes of whatever kind now returnable to, and pending in said superior court, as now provided for shall hold good and Ielate to the term of said colll't, as changed, fixed, and provided for Ly this Act.

THURSDAY, NOVEMBER 20, 1902.

431

The following communication was read and at the request of the Committee on Appropriations the same was spread upon the Journal, to wit:

MACON, GA., November 15, 1902.
Hon. J. H. Hall, Representative from Bibb, Atlanta, Ga.
DEAR SIR: We telegraphed you last Wednesday requesting that you make an appointment with the Appropriation Committee of the House for a Committee from the Trustees of the Academy for the Blind.
We are informed through Judge Miller that a hearing woulrl be granted on Monday afternoon next.
At the time we made this request we had in miud the asking of an additional appropriation of $2,000.00 yearly for maintaining the Academy for the Blind, based upon the additional cost of nearly all the article~ entering into the cost of maintaining the school, aad also because of the fact that the attendance, numerically, at this time is greater than at any other in the history of the school. The present appropriation, $18,000.00, is hardly sufficient to maintain the school in a manner creditable to the State and comfortably to the unfortunates in our charge.
By reference to the annual report to the Governor and the Legislature for the past three years, it will be seen that the cost of maintenance, above the appropriation, has been something over $800.00 annually, and had it not been that we bad in our hands a small balance saved from previous years, we would have been compelled to have gone in debt or closed the school for want of funds.
\Ve note that other institutions of the State are asking larger appropriations and that the Committee of Appropriations, while desirous of reducing expenses, is confronted

432

JOURNAL OF THE HOUSE.

with the serious problem of how to accomplish this aud at the same time meet the views of those knocking ~t the door of the treasury.

As will be seen by our report, made October 1st, we still have a small balance to commence the year with, and while we believe that this institntion should receive at the bands of the State $20,000.00 per annum for its maintenance, as there are many things needful to be done outside of actual maintenance, we do not desire to embarrass the committee in the slightest way, and therefore say to you that if in their judgment they think we should endeavor to maintain the institution on the former appropriation of $18,000.00 .yearly we will make no request for any additional amount.

Asking that you present these views to the honorable Committee on Appropriations, and thanking you for what you have already done, we are,

Very respectfully,

c. BENJ.

SMITH,

A. L. MILLER,

T. D. TINSLJ:;;Y,
w. H. FELTON, JR.,

GEo. B. JEWETT,

JNo. L. HARDE~lAN,

RonT. A. NISBET,

Trustees Georgia Academy for the Blind.

Mr. Hall of Bibb, moved to reconsider the action of the House in not passing House bill No. 100, known as the "Anti-Pass" bill.

Mr. Hall of Bibb, called for the previous question, which call was sustained.

Before the motion to reconsider could be put to the .House the hour of adjournment arrived.



FRIDAY, NOVEMBER 21, 1902.

433

Leave of absence was granted the following members:

Mr. Bush, Mr. Evans, Mr. Alexander, Mr. Nisbet, Mr. Bowen, Mr. Underwood.

Leave was alse granted the Sub-Committee to visit the Blind Asylum.

The Speaker then announced the House adjourned until 9 o'clock to-morrow.

Atlanta, Georgia, Friday, November 21st, 1902.

The House met pursuant to adjournment at 9 o'clock a. m., this day; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called and the following members answered to their names :

Adams, Akin, Alford,
28 h j

Almond, Arnold, Ayres,

Baldwin, Beall, Beauchamp,

434

JOURNAL OF THI HOUSI.

llell of l!.lmanuel, Bell of Milton, Blackburn, Booth, Bowen, Bower, Boy kin, llriuson, Brock, Brown, Bruce, Buchan, Burton, Bush, Butts, Calvin, Candler, Cann, Carr, Carrington, Carswell, Cliatt, Conner, Cook, Cromartie, Crumbly, Daves, DaYis, Davison, Deal, Derrick, Duckett, lluggan, Dunbar, Erlwnrds, En,glish, Ennis, Felder, Fields, Flanig-an, Flynt, l<'oster of Oconee,

Foster of 'l'owns, l\layson,

Franklin,

l\liller of Bullock,

J<'ussell,

l\liller of l\Iuscogee,

Gaulden,

:Mills,

George,

l\litcham,

Glenn,

l\litcl!ell,

Grenade,

Moses,

Grice,

l\1 ull!erin,

Grittln,

McBride,

Hall,

l\IcCurry,

Hardeman,

i\lcl!.llmurray,

Harden,

l\lcl-lenry,

Hawes,

l\lcLaln,

Hayes,

l\Iclla<',

Hendry,

Newton,

Henry,

Owen,

Hicks,

O'(~Uillll.

Hixon of Canoll, Pate of Gwinnett,

Hixon of :5umter, Paulk of Coffee,

Holder,

Paull' of Irwin,

Houston,

Peyton,

Howard of Baldwin, l'!Jillips of Jefferson,

Howell,

Preston,

Hutcheson,

Proctor,

Johnson of Baker, Rainey,

Johnson of Clinch, Rankin,

Johnson of Crawford,Hawls,

.Jones of Dougherty, HPdwine,

Jones of Pickens, Rei<l,

Kelly,

Rice,

I\:endrick,

llillley,

Kent,

RogerR of l\lclntosh,

Kilburn,

Roper,

Knight,

Hountree,

Knowles,

::landers,

Lane,

Shackelford,

Lanier,

Shannon,

Lawrence,

Rlatou,

Little,

Spence.

Lowe,

Stanford,

:uann.

Steed of Carroll,

l\Iartin,

Steed of 'l'aylor,

FRIDAY, NOVE'vlBER 21, 1902.

435

Stewart, Stovall, Thompson, 'fllurman,
Tigner, Valentine,

Walker of Monroe, warren, Wellborn, 'Vest, Whitley,

'Vilson, 'Vise, "rooten, Yates, 1\Ir. Speaker.

Those absent were Messrs.-

Alexander,

Nisbet,

Strickland,

Buchannan,

Overstreet,

Tracy,

Dozier,

Parker,

Underwood,

Evans,

Pate of Dooly,

'Valker of Pierce,

Howard of Laurens, Phillips of Quitman, 'Vatson,

l\Iaples, Mizell,

Richardson, Rogers of Hall,

'Velch, 'Yomble,

Morton,

Singletary,

The Journal of yesterday's proceedings was read and confirmed.
Mr. Hall of Bibb, renewed his motion to reconsider the action of the House in not pa'lsing House bill No. 100, known as the "Anti-Pass" bill.

On the motion to reconsider, Mr. Mulherin of Richmond, called for the ayes and nays, which call was sus- tained and on taking the ballot viva voce the vote was as follows:

Those voting in tho affirmative were :Messrs.-

Adams, Aldn, Alford,

Almond, Beauchamp, Bell of Milton,

Boyl;:in, Butts, Conner,

436

JOURNAl, OF THE HOUSE

Cook, Uromarl!ie, Deal, Duckett, Duggan, Edwards, English, Felder, Fields. Flanigan, Flynt, Foster of Oconee, Glenn, Grice, Hall, Hardeman, Hendry, Hixon of Carroll, Hixon of Sumter, Holder, Houston, Howell,

Johnson of Baker, l'hlllips of J etrerson,

Johnson of Urawfora,l'reston,

Jones of Pickens, Proctor,

Kent,

Rankin,

Knight,

Redwine,

Lawrence,

Reid,

Little,

ltice,

Lowe,

Rogers of MclntosJ't:

:\Iapies,

Rountree,

~Iayson,

Slaton,

1\Iiller of Bullock, Stanford,

Mitcham,

Steed of Carroll,

Mitchell,

Thompson,

:\lizell,

Thurman,

i\IcHenry,

Valentine,

:ucHae,

Walker of Monroe,

Owen,

Walker of Pierce,

O'Quinn,

'VaL'l'en,

Pate of Gw!nnett, Whitley,

Paulk of Coffee,

"Wise,

Paull{ of Irwin,

"'ooten.

Those voting in the negative were Messrs.-

Arnold, Ayres, Beall, Blackburn, Booth, Brock, llruct, lluchan, Burton, Calvin, Carr, Carrington, Carswell, Cliatt, Cnnnbly, DaYes,

Davison, Derrick, Dunbar, Foster of Towns, Franklin, Fussell, Urena de, Uritlin, Ilarclen, Hawes, Hutcheson, Johnson of Clinch, Kendrick, Lanier, Miller of :\Iuscogee,

Mills, :\Iulherin,
~IcBride,
'McCurry, :\IcBimurray, McLain, Peyton, Haw is, Sanders, Spence, Steecl of 'l'aylor, Stewart, StoYall, Tracy, Yates,

FRIDAY, NOVEMBER 21, 1902.

437

Those not voting were :Messrs.-

Alexander, Baldwin, Bell of ]JJmanuel, Bowen, Bower,
Brinson, Brown, Huchannon, Bush, Candler, Cann, Davis, Dozier, Ennis, J!Jyans, t;:lUiden, George, Hayes, Henry,

Hicks,

Hainey,

Howard of Baldwin, Richardson,

Howard of Laurens, Hidley,

Jones of Dougherty, Rogers of Hall,

Kelly,

Hoper,

Kilburn,

Shackelford,

Knowles,

Shannon,

Lane,

Singletary,

:\Iann,

Strickland,

Martin,

'L'igner,

Morton,

Underwood,

Moses,

\Yatson,

~ewton,

\Velch,

Nisbet,

\Yell born,

OYcrstreet,

\Vest,

Parker,

\Vilson,

Pate of Dooly,

\Vomble,

Phillips of Quitman, l\Ir. Speaker.

By unanimous consent, the verification of the roll-call was dispensed with.
On the motion to reconsider, the ayes were 73, nays 46. The motion therefore prevailed.
At the request of Mr. Peyton of Habersham, House bill No. 292 was withdrawn from the General .Judiciary and referred to the Special Judiciary Committee.

By unanimous consent, the following bill was read the the first time, to wit :
By Mr. Slaton of Fnlton--
A bill to provide for practice in the city court of Atlanta in reference to defaults, and for other purposes.

438

JOURNAL OF THE HOUSE.

Referred to General Judiciary Committee.

Mr. Holder, chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

The Committee on Education has had under consideration House bill No. 37, by Mr. Houston of Fulton, entitled an Act to regulate the employment of children in factories and manufacturing establishments of this State, and I am directed to report same back with recommendation that the bill do pass.

Respectfully submitted.

JNO. N. HOLDER, Chairman.

The following resolution was read and referred to the Committee on Hules, to wit:
By Mr. Houston of Fulton-
A resolution making the " Child Labor" bill the special order for Wednesday, November 26, immediately after the confirmation of the Journal, and that the previous question be called not later than 11:30 o'clock.
On motion of Mr. Felder of Bibb, the call of the roll of counties was dispensed with and the following bills were introduced, read the first time and appropriately referred, to wit:

FRIDAY, NOVEMBER 21, 1902.

439

By Mr. McLain of Cobb-

A resolution for the relief of the Western and Atlantic Railroad Company.

Referred to the Committee on W. & A. R. R.

By Mr. Phillips of Jefferson-
A resolution to inerease the per diem of the elevator boy.
Referred to Committee on Appropriations.

By Mr. Hutcheson of HaralHon-

A bill to amend an Act to create a charter for the town of Bnchannon, and for other purposes.

Referred to the Committee on Corporations-

By Mr. Conner of Bartow-

A bill to separate the College of Agriculture and Mechanical Arts from the State University and for other purposes.

Referred to Special Agricultural Committee.

By Messrs. Hardeman and Holder of Jackson-

A bill to amend section 982 of the Code of Georgia, so as to make the city of Winder a State depository, and for other purposes.

Referred to Special Judiciary Committee.

440

jOURNAL OF THE HOUSE.

By Mr. Owen of Pike-

A bill to incorporate the Meansville school district, in Pike county, and for other purposes.

Referred to Committee on Counties and County Matters.
By Mr. Hutcheson of Haralson-
A bill to establish the city court of Buchanan, and for other purposes.
Referred to General Judiciary Committee.
By unanimous consent the following bills were read the second time, to wit:
By Mr. Butts of Glynn-
A bill to amend an Act to create a board of commissioner." of roads and revenues for Glynn county.
By Messrs. Duckett of Banks, and Holder and Hardeman of Jackson-
A bill to amend an Act to amend the charter of the town of Maysville.
By Mr. Knight of Berrien-
A bill to amend an Act to create a board of county commissioners for Berrien county.

FRIDAY, NOVEMBER 21, 1902.

441

By Mr. Hixon of Sumter-

A bill to amend the charter of the city of Americus relative to police commissioners.

By Mr. Jones of Dougherty-
A bill to extend the corporate limits of the Gity of Albany.

By Mr. Mitcham of Clayton-

A bill to repeal an Act to amend the charter of Jonesboro.
By Mr. Owen of Pike-

A bill to incorporate the Vega school district.

By Mr. Butts of GlynnA bill to amend the charter of the city of Brunswick.

By Mr. Crumbly of StewartA bill to create a new charter for the town of Richland.

By Mr. Edwar!ls of Marion-
A bill to amend the charter of the Buena Vista Loan and Savings Bank.

By Mr. Whitley of Douglas-
A bill to make it unlawful to manufacture spirituous liquors in the county of Douglas.

442

JOURNAI. OF THE HOUSE.

By Mr. Paulk of Irwin-

A bill to establish a system of public schools in the city of Ocilla.

By Messrs. Hardeman and Holder of Jackson-
.A bill to incorporate the town of Statham.
By Mr. Fields of Dooly-

A bill to amend an Act to incorporate the town of Pinehurst.

The following Senate bills were read the first time and appropriately referred, to wit :

By Mr. Snead of the 29th District-

A bill to amend sec. 1570 of the Code relative to fertilizer materials and chemicals, and for other purposes.

Referred to General Agricultural Committee.

By Mr. Lee of the 44th District-
A bill to repeal an Act authorizing the Governor to appoint an agent to look after the State's pl'Operty in Tennessee.
Referred to General Judiciary Com mit tee.

By Mr. McMichael of the 24th Di'ltrict-

A bill to amend article 8, section 4, paragraph 1 of the Constitution, and for other purposes.

Referred to Committee on Constitutional Amendments.

FRIDAY, NOVEMBER 21, 1902.

443

By Mr. Mathews of the 23d District-

A bill to amend section 401, volume 3 of the Code relative to gaming.
Referred to General Judiciary Committee.
By Mr. Perry of the a3d District-
A bill to repeal an Act to create the city court of Hall -county, and for other purposes.

Referred to Special Judiciary Committee.

By Mr. Snead of the 29th District-
A bill to make it unlawful to hunt upon the lands of another, and for other pnrposes.
Referred to Committee on Counties and County Matters.

By Mr. Sweat of the 5th DistrictA bill to make it unlawful to offer adultetated spirits of
turpentine for sale, and for other purposes.
Referred to Special Judiciary Committee.

By Mr. Symons of the 4th District-
A bill to fix the boundaries of all lands bordering on tide waters, and for other purposes.

Referred to General Judiciary Committee.

444

jOURNAL OF THE HOUSE.

By Mr. Perry of the 33d District--

A bill to amend section 2180, volume 2 of the Code relative to suburban railways, and for other purposes.

Referred to General Judiciary Committee.

By Mr. Skelton of the 31st District.
A bill to amend section 241~, volume 2 of the Code, fixing the marriageable age of women, and for other purposes.

He fer red to Committee on General Judiciary.

By Mr. Davis of the 17th District-

A bill to amend section 311 of the Code, which provides punishment for those who try to rescue persons in legal custody, and for other purposes.

Referred to General Judiciary Committee.

By Mr. Snead of the 2Vth District-

A bill to amend section 4;n5 of the Code, relative to the holding of the terms of superiot court in the several counties.

Referred to Special Judiciary Committee.

By Mr. Snead of the 29th District-

A bill to increase the number of terms of the superior court of Richmond county, and for other purposes.

Referred to Special Judiciary Committee.

FRIDAY, NOVEMBER 21, 1902.

445

By Mr. Rountree of the 16th District-

A bill to amend section 982, volume 1 of the Code, so as to make Swainsboro a State depository.

Referred to Committee on Banks and Banking.

By Mr. Davis of the 17th District-

A bill to amend an Act to incorporate the town of Midville, and for other purposes.
Referred to Committee on Corporations.
By Mr. Ledford of the 40tn District-

A bill to change the time of holding the superior courts of Union county.
Referred to Specia.l Judiciary Committee.
By Mr. Worsham of the 22d District-
A bill to incorporate the Forsyth school district, and for other purposes.
Referred to Committee on Education.

By Mr. Merritt of the 20th District-
A bill to amend an Act to create a board of commissioners of roads and revenues for the county of Hancock, and for other purposes.

Referred to Committee on Corporations.

446

JOURNAL OF THE HOUSE,

By Mr. Jordan of the 28th District-

A bill to create a commission to investigate the feasibility of establishing an Agricultural and Industrial School in each Congressional district of Georgia.
Referred to Committee on Education.

Mr. Flynt, chairman of the Special Judiciary Committee, submitted the following report:

Jfr. Speaker:
Your committee having had under consideration the following bills instruct me as their chairman, to report them to the House with the recommendation that the same do pass:
By Mr. Felder of Bibb-
To amend section 1492 of volume 1 of the Code of Georgia.
By Mr. Felder of Bibb-

To amend section 1-!95 of volume 1 of the Code of Georgia, providing for meetings of the State Board of Pharmacy.
By 1\Ir. Felder of Bibb-

To amend section 1497, volume 1 of the Code of Georgia, prescribing the manner of granting licenses by the Georgia State Boanl of Pharmacy.
By Mr. Wooten of Montgomery-
To incorporate the town of Soperton, in the county of Montgomery.

FRIDAY, NovEMBER 21, 1902.

447

By Mr. Rountree of Thomas-

To amend an Act to be entitled an Act to amend the charter of the town of Boston, and for other purposes.

I am instructed to report the following bill to the House with the recommendation that it do pass by substitute:

By Mr. Thurman of Walker-

To amend an Act in reference to the road laws of the State of Georgia, and for other purposes.
I am instructed to report the following bill to the Hou~c with the recommendation that it do not pa:;s:

By Mr. Felder of Bibb-

To amend section 1496 of volume 1 of the Code of Georgia, prescribing the duty of the Georgia State Board of Pharmacy, to grant licenses so as to strike from the second line the word "druggist," and insert in lieu thereof "persons," and to strike from said section the words "to such physicians graduates of schools of pharmacy as shall have passed a satisfactory examination," etc.

Respectfully submittP.d,

J. J. FLYNT, Chairman.

Mr. Bell of Emanuel, chairman of the Committee on Public Printing, submitted the following report:

Jfr. Speaker:
The Committee'on Public Printing have had under consideration House resolution No. 65, by Mr. Houston of Fultou: "A resolution to make appropriation to meet the

448

JOURNAL OF THE HOUSE.

deficiency in the public printing furid for 1902, and to make the same immediately available," and direct me to report the same back to the House with the recommendation that the same do pass and that it be immediately referred tn Committee on Appropriations.
Respectfully submitted, GEo. H. BELL, Chairman.

Mr. Shannon, chairman of the Committee on Conntie~ and County Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters have h'ad under consideration the following bills, and instruct me as their chairman, to report back the same with the recommendation that the same do pass, to wit:

A bill to create a dispensary in the county of Lee, and for other purposes.

A bill to create a dispensary in the town of Ocilla, Irwin county, and for other purposes.

A bill to foster, encourage and aid the Georgia Industrial Home.
They have also had under consideration the following bill, and instruct me to report back the same with the recommendation that the same do pass as amended, to wit:
A bill to provide for the payment of the costs of certain officers in f.'Otmties operating a local chain-gang, and for other purposes.
Respectfully submitted, JNo. R. SHA~NON, Chairman.

FRIDAY, NOVEMBER 21, 1902,

449

Mr. Davis, chairman of the Committee on Appropriations, submitted the following report :

Mr. Speaker:
The Appropriations Committee bas bad under consideration House Resolutions Nos. 22 and 24, and have instructed me to report resolution No. 22 back to the House with the recommendation that ;:aid resolution do pass as amended, and that reRolution No. 24 do pags,

Respectfully submitted.

CHAS. L. DAVIS,
Chairman.

By unanimous eonsent the following bills were introduced and read the first time, to wit:
By Mr. Wellborn of Union-
A bill to authorize the Ptison Commission of this State to release convicts upon parole, and for other purposes.
Referred to Committee on Penitentiary.
By Mr. Cann of ChathamA bill to amend and revise the several Acts to incor-
porate the town of Warsaw, and for other purposes.
Referred to Committee on Corporations.
On motion of Mr. Fussell, of Chattahoochee, Honse Bill No. 65 was tabled.
29h j

450

JOURNAL OF THE HOUSE.

House Resolution No. 65 was recommitted to the Com-mitte~ on Appropriations at the request of the author.

On motion of Mr. Slaton, Honse Bill No. 27 was tabled, and 200 copies were ordered printed fot the use of the House.

The next bill for first reading was-

By Mr. Hall of Bibb-
A bill to provide for the issuing of the writ of quo U'ar-ranto, and for other purposes.

Referred to General J udici1ry Committee.

By Mr. Cann of Chatham-
A biil to amend section 2157, volume !3 of the Code,. which provides the powers of navigation companies, and, for other purposes.

Referred to General Judiciary Committee.

By Messrs. Booth and Lawrence of Walton-

A bill to incorporate the town of Bethlehem in walton county.
Referred to Committee on Corporations.

By Mr. Stead of Taylor-
A resolution making House Resolution No. 74 for Tues-. day 11ext at 11 o'clock.

FRIDAY, NOVEMBER 21, 1902.

451

Referred to Committee on Rules.

The following bills were read the eecond time, to wit :

By Mr. Knight of Berrien-

A bill to repeal an Act to incorporate the city of Tifton.

By Mr. West of Lowndes-

A bill to amend the charter of Valdosta.

By Mr. Cann of Chatham-

A bill to amend an Act to establish the Pulice Commission of Savannah.

By Mr. Knight of BerrienA ~ill to incorporate the city of Tilton.

By Messrs. Nisbet and McElmurray of BurkeA bill to incorporate the Waynesboro Academy.

By Messrs. McElmurray and Nisbet of Burke-

A bill to amend an Act to amend an Act to incorporate the town of Waynesboro.

By M.r. Bowen of WilcoxA bill to incorporate the town of Pineview.

By Messrs. Hardeman and Holder of Jackson-

A bill to repeal an Act to create the city court of Jefferson.

452

]OURNAL OF THE HOUSE.

The following Senate bill was read the !Second time, to wit:

By ~fr. Lee of the 44th Di:;trict-

A bill to amend the charter of the town of Flyntr;tone.
On motion of the authors, Honse bills Kos. 14o, 133,
lll, 135, were tabled.

At the authors' request, House bill Xo. 143 was withdrawn.

The following rf'solntion was read an<l referred to Uommittee on Rules, to wit :

By Mr. Beauchamp of Butts-

A resolution to make Honse resolution No. 18 the SJ:ecial order for Tuesday morning immelliately after the confirmation of the Journal.

Mr. Shackelfon1, chairman of the Committee on Corporations, submitted the following report:

Jh. S peake1:
The Committee on Corporations have had under consideration the following bills of the House and instruet me to report the same back to the House with the recommendation that the same do pass, to wit:
By Mr. Cann of Chatham-
A bill to be entitled an Act to amend section 1 of an Act

FRIDAY, NOVEMBER 21, 1902.

453

to amend the law establishing the police commission of the city of Savannah.

By Mr. West of Lowndes-
A bill to be entitled an Act to amend the charter of the city of Valdosta. By Mr. Knight of Berrien-

A bill to be entitled an Act to repeal an Act to incorporate the town of Tifton.
By Mr. Knight of Berrien-
A bill to be entitled an Act to incorporate the city of Tifton.

By Mr. Bowen of \Vilcox-
A bill to be entitled an Act to incorporate the town of Pineview.

By Messrs. Nisbet and McElmurray of Burke-
A bill to be entitled an Act to incorporate the Waynesboro academy.
By Messrs. McElmurray and Nisbet of Burke-
. A bill to be entitled an Act to amend an Act approved December 15th, 18!:!3, entitled an Act to amend the various Acts incorporating the town of \Vaynesboro.

454

JOURNAL OF THE HOUSE.

By Messrs. Hardeman and Holder of Jackson-

A bill to be entitled an Act to repeal an Act entitled an Act to establish the city court of Jefferson.

Respectfully submitted.

THOS. J. SHACKELF:ORD, Chairman.

Mr. Shackelford, chairman of the Com mit tee on Corporations, submitted the following report:

Mr. Speal.:er:
The Committee on Corporations have had under consideration a bill from the Senate entitled an Act to amend the charter of the town of Flintstone, and instruct me as chairman, to report the ~Same to the House with the recommendation that said bill do pass.
Respectfully submitted,
Tuos. J. SHACKELFORD,
Chairman.

, The following bill was taken up and Senate amendments concurred in, to wit :
By Mr. Cook of Telfair-
A bill to establish the city court of Mcl-tae in the city of McRae, and for other purposes.
The following amendments which were oflered by the Senate were read and adopted, to wit:

FRIDAY, NOVEMBER 21, 1902.

455

Amend by striking out section 11, and inserting in lieu thereof the following: Sec. 11. Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly and quarterly, the monthly terms for the :trial and disposition of criminal and civil busineE~~, to be held on the third Mondays in each month. Said court shall have jurisdiction at the monthly terms thereof to dispose of all civil business where the amount of the principal sued for does not exceed the sum of one hundred dollars, and said terms shall be the trial terms as to said civil business. The quarterly terms of said court shall be held for the trial and disposition of either or both criminal an!l civil business, to be held on the third Mondays in January, April, .July and October. The first t~rm ot said court under this Act shall be held on the third Monday in December, 1902. The terms of such court shall be held at the court house in the city of McRae, in the county of Telfair, for which, when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of unless sooner adjourned fur good cause. The judge of said -court shall, in his discretion, hold his court at the same place at any other time than the regular term fur the transaction of criminal business which does not require a jury, as speedily as possible consistent with the interest of the State and the accused, and may also hold adjourned term! of the regular monthly or quarterly terms of said dty court, for which he may draw new juries, or require the attendance of the same, as in his sound legal discretion he may deem best. Said city court judge may also, in his discretion, set cases for trial at convenient times, and the same may then be tried as ot the term, whether the court ha& been held from day to day until said time or not, and that the clerk and sheriff, each, be entitled to two dullar.s cost in each case at the monthly term for their services.

456

JOURNAL OF THE HOUSE.

The following message was received from the Governol.'

through Mr. Erwin, his Secretary.



Ji1'. Spca'.:er:

The Governor has approved the following Act of the General Assembly :

An Act to change the time of holding the fall term of the superior court of Mcintosh county, in the Atlantic circuit, and for other purposes.

Mr. Wellborn, Chairman of the Committee on Enrollment, submitted the following report:

Jib. Speaker :

The Committee on Enrollment report as properly enrolled, duly signed and ready for deli very to the Governol.' the following Acts, to wit

An Act to provide compensation for deputy sheriffs and bailiffs of superior aud city courts in cities with population of 50,000 or more.

Also an Act to change the time of holding superiol' court of Mcintosh county in the Atlantic circuit.

llc>'l)cctfully submitted.

C. J ..WELLBORN, JR., Chairman.

Mr. Calvin, Chairman of the Committee on General Agriculture, submitted the following report:

FRIDAY, NOVE:'viBER 21, 1902.

457

Mr. Speaker:

The Committee on General Agriculture have had under consideration House bill No. 79, by Mr. Richardson of Houston, being "a bill en titled an Act to amend section 221 of volume 3 of the Code of Georgia, by striking therefrom all words after 'implements' in the second line ot said and through the word 'by' in the fourth line of said section, and inserting in lieu thereof the words 'upon the lands of another without the consent of,' and by striking all of said section after the word 'misdemeanor' in the sixth line," and have instructed me to report the same to the house with a recommendation that iL do pass by substitute.

Resrwctfu1ly submi ttell.

v. l\lARTI~

CA LVJN,

Chairman.

The t'ollowing message was received from the Senate through Mr. Nortl1en, the Secretary thereof:
Mr. Speaker:
The Senate bas passed uy the requisite constitutional majority the following bills of the Senate, to wit :
A bill to authorize administratoril, executors, trustees, receivers and guardians who are required by law to give bond, to charge cost or premium for such bond, and for other purposes.
A bill to change the time of meeting of the General Assembly from the fourth Wednesday in October to the fourth
Wednesday in June.

458

JOURNAl. OF THE HOUSK,

A bill to change the time ot holding the election for Governor, State House and other officers.

A bill for the transportation of dead boflies.

The Senate has also passed the following bills of the House, to wit:
A bill to authorize the village of Summerville, in Richmond county to issue not exceeding $25,000.00 of bonds for the purpose of improving water-works and sewerage
sy!:item or said village.
A bill to authorize the village of Summerville, in Richmond county, to provide and maintain cemeteries within oQr without the limits of said village.
A bill to amend the charter of the city of Dawson, to i'educe the salary of mayor, and for other purposes.
A bill to amend the charter of the city of Atlanta so as io provide for issuing bonds.
A bill to amend section 982 of the Code of Georgia.

A bill to alter and amend the Act to incorporate the town of Sasser in Terrell county.

A bill to establi!:ih, maintain and regulate a dispensary in the town of Colquitt, Miller county, Ga., and for other
purposes.

A bill to arnend the charter of the town of Bronwood, Terrell county, Ga., and for other purposes.


FRIDAY, NOVEMBER 21, 1902.

459

The Senate has also passed the following bill of the :House as amended, to w:t:

A bill to establish the city court of McRae, in the city of McRae, in anrl for the county of Telfair.

The following bills were read the third time and put Upon their passage, to wit:

.By Mr. Harden of Chatham-

A hill t'> authorize the clerks of the city courts of this :State to appoint deputy clerks, and fur other purposes.

The report of the committee which was favorable to the' .passage of the billl was agr~ed to.

On passage of the bill the ayes were 89, nays 0.

The bill having received the requisite constitutional majority wa,; passed.

By Mr. Slaton of Fulton-

A bill to establish the salaries of judges of the superior Courts of this ~tate, and fur other purposes.

On motion of Mr. Slaton, the bill was tabled.

At the request of Mr. Felder of Bibb, House bHl No. 281 was taken from the table and placed upon the calendar.

Hy Mr. Slaton of Fulton-

A bill to provide for the situs of debt~ due non-residents for purposes of attachment, and for other purposes.

460

]OURNAI. OF THE HOUSE.

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 1.

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

By Mr. Dunbar of Richmoml-
A bill to amend an Act to create a board of police commissioners for the city of Augusta, and for other pnqwses.
. The committee proposed to amencl as follows: Amend by changing the caption to read, " An Act to amend an Act entitled an Act to create 11 Board of Police Commissioners for the city of Augusta, in this State; to define its powers and duties, and fot othet purpose;.;, approved Angust 26th, 1879, and as subsequently amended, by prescribing the length of time for which privates and officers elected at other times than regular triennial elections shall hold office, and by investing the president or acting president of said board of police commissioners with authority to administer oaths or aftirmations to witnesses appearing before the commission; and by. providing that any pert>on swearing or affirming falsely, atter the administration of said oath, shall be guilty of petjury; and by providing that t~e members of said commi~siou shall be elected, one from each ward of said city_, and to .provide for com peusation for the mem hers of :said com mis:-;ion, and for other purpuses.
Amend by inserting in the ninth line of said original Act of 1879, after the word "city," the last word in said line and before the word" and" in next line, the lollowing words to wit: "One from each ward of snid city, and the

FRIDAY, NOVEMBER 21, 1902.

461

persons sv chosen in such elections shall be entitled to a
sum not exceeding five dol.lars hom each regular monthly meeting he shall attend, without any additional compensation for called meetings, to Le paid by an order on the said city council signed by the president and secretary," Sl> that when amended said section shall read : That from and after the first day of January, 1880, there shall be established ~ board of police commissioners for the city of Augusta, in this State, consisting of five upright and intelligent citizens, who shall hold their offices for the term of two years. The first commissioners under this Act shall
be M.A. Stovall, E. J. O'Connor, Jno. W. Clark, W. H.
Barrett, .John U. Meyer. Their successors shall be elected -viva voce Ly the city council of said city, one from each ward of said city, and the persons so chosen in such elections shall be entitled to a sum not exceeding five dollars for each regular monthly meeting he shall attend, without any additional compensation.for called meetings, to be paid by an order on the saicl city council signed by the president, and in such elections the persons chosen shall be, and for one year preceding, shall have been residents of said city, and no person shall be eligible as a member of said board who at the time of his election holds any office of profit or trust under the national, State, county or municipal government. Before entering upon the discharge of the duties of their office, the commissioners named in this Act, and their successors, shall take before the mayor of said city an oath to faithfully discharge the duties of the office of police commissioner of the city of Augusta. Should any of the commissioners named in this Act fail or refuse to serve, then the remaining commissioners shall proceed to fill such person's place by election viva voce."
Amend by inserting in section 2 of said bill after the word "oath,'' wherever the same occurs, the words " or affirmation," and after the word "swear,'' wherever the

462

jOURNAL OF THE HOUSE.

same occurs, the words "or affirm," and after the word' "swearing,'' wherever the sa~e occurs, "or affirming."

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

On passage of the bill the ayes were U1, nays 0.

The bill having received the r:quisite constitutional ma-
i ority, was passed as amended.

By Mr. Pate of Gwinnett-
A bill to repeal an Act to provide for the issuing of bonus by the town ol Norcross, and for other purposes.

The report of' the committee, which was favorable to thepassage ot the bill, was agreed to.

On passage of the bill the ayes were 92; nays 0.
The hill having received the requisite constitutional majority, was passed.

By Mr. Felder of Bibb-
A bill to prescribe the manner of selling or otherwise diHpensing cocain, etc., and for other purposes.

The committee offered the following amendment, which. was adopted, to wit:

Amend by changing the period at the end of section t
to a comma, and adding thereafter "or who shall sell tolhwful practicing physicians."

FRIDAY, NovEMBER 21, 1902.

463-

The report of the committee, which was favorable to thepas~age of the bill as amended, was agreed to.

On passage of the bill the ayes were 100; nays 0.

The bill having rPceived the requisite constitutional majority, was passed as amended.

By Mr. Beall of Paulding-

A bill to authorize the towb of Dallas to issue bonds forthe purpose of purchasing and equipping a school building, and for dther purposes.

The committee proposed to amend by striking $8,000.0(}. wherever the same appears and insert in lieu thereof $5,000.00, which amendment was adopted.

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

On passage of the bill the ayes were 90; nays ().

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

On motion of Mr. Hall of Bibb, House b.iJl No. 97 was tabled.

By Mr. McHenry of Floyd-

A bill to amend the charter of the city o Rome, prescribing the powers and duties of mayor and. council, and for other purposes.

The report of the committee, which wa& favovable to thepassage of the bill, was agreed to;

464

jOURNAL OF THE HOUSE.

On passage of the hi11 the ayes were 90; nays 0.

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

On motion of Mr. Reid of Campbell, House bills ~os. 74, 1:19 and UO were tabled.

By .Mr. Felder of Bibb-
A bill tn require the claimant in all cases when claims may be filed to set out clearly and fully in the affidavit all grounds which constitute the basis of such clai~s, and for other purposes.

The committee proposed to amend by changing the period at the end ot section 1 to a comma, and adding thereafter the words, ''and shall state in ,.;aid affidavit that the property levied on is not subject to the levy and that the claimant dues bona fide claim to be the own~r of the same."

1\Ir. Slaton proposed to amend seCtion 1 by providing that the terms of this bill shall apply to claims for realty only.
The amendments were adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On passage of the bill the ayes were 89; nays 2.
The bill having received the requisite constitutional majority, was passed as amenderl.

FRIDAY, NOVEMBER 21, 1902.

465

By Mr. Howard of Baldwin-

A bill to amend an Act to create the charter of the city <>f Milledgeville, 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.

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

By 1\Ir. Franklin of Washington-

A bill to amend the charter of the city of Tennille, 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.

The bill having received the requisite constitutional majority, was passed.
By Mr. Stewart of Calhoun--

A bill to incorporate the town of Edison in the county <>f Calhoun.

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 89, nays 0.
'rhe bill having received the requisite constitutional majority was passed.
30h j

466

JOURNAL OF THE HOUSE.

By Mr. Newton of Colquitt-

A bill to incorporate what has heretofore been known asthe village of Obe into the town of Norman Park, and for other purposes.

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

On the passage of the Lill the ayes were 90, nays 0.

The bill have recehed the requisite constitutional ma-jority was passed.

By Mr. Stanford of Harris-

A. bill to establish the city court of Hamilton, and for other purposes.

The committee proposed to amend section 39 of the bill, line 3, by striking the words "cases, civil or criminal," and inserting in lieu thereof the words "criminal cases.''

The report of the committee, which was favorable to the paE"sage of the bill as amended, was agreed to.

On passage of the bill the ayes were 90, nays 0,

The bill having received the requisite constitutional ma-jority was passed as amended.

By Mr. Ayres of Polk-

A bill to alter and amend the charter of the city of Cedartown in Polk county.

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

FRIDAY, NOVEMBER 21, 1902.

467

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority wes passed.

By Mr. Davidson of Greene-

A bill to change and fix the time of holding the superior court of Greene county.

The report ot 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.

The bill having received the requisite constitutional majority was passed.

By Mr. Kent of Johnson-

A, bill to amend section 2754 of the Code relative to the
foreclosure of mortgages, 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 91, nays 0.

The bill having received the requisive constitutional majority was passed.

By Messrs. Candler and Mayson of DeKalb-

A bill to create a board of commissioners of roads and revenues for DeKalb county, and for other purposes.

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

468

JOURNAL OF THE HOUSlt.

On passage of the bill the ayes were 90; nays 0.

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

By Messrs. Steed and Hixon of Carroll-

A bill to amend an Act creating a new charier for the town ot Temple, Ga., 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 \10; nays 0.
The bill having received the requitite constitutional majority, was passed.
By Mr. Stanford of Harris-
A bill to amend the charter of the city of Hamilton; 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.
The bill having received the requisite constitutional majority, was passed.

By Messrs. Butts of Glynn and Proctor of Camden-

A bill to amend an Act to regulate and control the taking and catching of oysters and fish in the waters of this State, and for other purposes.

FRIDAY, NOVEMBER 21, 1902.

469

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 96; nays 0.

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

By Mr. Candler of DeKalb-

A bill to provide a new charter for the town of Edgewood, in DeKalb county, and for other purposes.

'l'he 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.

The bill having received the requisite constitutional majority was passed.

By Mr. Slaton of Fulton-

A bill to amend section 670 of the Penal Code, which provides punishment for cheating and swindling, 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.

The bill having received the requisite constitutional majority was passed.

On motion of Mr. Dunbar of Richmond, House bill No. 214 was tabled.

470

JOURNAL OF THE HOUSE.

By Mr. Butts of Glynn-

A bill to amend section 573 of the Penal Code relative to the taking of terrapins, 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.

The bill having received the requisite constitutional majority was passed.

On motion of Mr. Johnson of Clinch, House bill No. 188 was tabled.

By Mr. Slaton of Fulton-

A bill to amend section 5113 of the Code relative to executions, 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 99, nays 0

The bill having received the requisite constitutional majority was passed.

By Mr. Flynt of Spalding-

A bill to amend an Act to provide for inspectors of roads and bridges in certain counties, 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 88, nays 11

SATURDAY, NOVEMBER 22, 1902.

471

The bill having received the requisite constitutional majority was passed.

Leave of absence was granted the following members:

Messrs. Cann, Grice, Flynt, Johnson of Crawford, Kendrick, Rountree, McRae, Valentine, West, Phillips of Jefferson, 'Valker of Monroe, Wooten, Bell, Akin, Cook, Mann, Bruce, Hicks, Cliatt, Hayes, Baldwin, Fussell, Dunbar, Tigner.

The hour of adjournment having arrived the Speaker :announced the House adjourned until 9 o'clock to-morrow morning.

Atlanta, Georgia, Saturday, No\ember 22, 1902.
The House met pursuant to adjournment at 9 o'clock a.m. this da:Y ; was called to order by the Speaker and opened with prayer by the Chaplain.
The roll-call was dispensed with on motion of Mr. Blackburn of Fulton.
Mr. Flanigan of the Comm~ttee on Journals reported that the Journal of yesterday's proceedings had been examined and found correct.

472

jOURNAL OF THE HOUSE.

On motion of Mr. Deal of Bullock, the reading of the Journal was dispensed with.

Mr. Slaton, chairman of the General Judiciary Committee, submitted the following report:

Mr. Speaker:
The Committee on General Judiciary have had under consideration the following House and Senate bills, which I am instructed to report back to the Honse with the recommendation that the same do pass, to wit:
A bill to establish the city court of Buchanan, in the city of Buchanan, in and for the county of Haralson, and for other purposes.
Also, a bill to provide for practice in city court of Atlanta in. reference to defaults, and for other purposes.
Also, a bill to allow defendants in trover cases to plead set-offs, or to recoup in damages, where suits have been brought to recover possession of personal property, and for other purposes.
Also, a bill to repeal section 397, volume 3 of the Code of 1895.
Also, a bill to amend section 98~ of Code of 1895, so . as to add the city of Baxley to the list of State depositories.
Also, a bill to fix the boundaries of land adjacent to, covered by or bordering on all tide waters in this State which are not contemplated by sections 3058, 3059 and a060 of the Code of 1895, and for other purposes.

SATURDAY, NOVEMBER 22, 1902.

473.

The committee have also had under consideration the following House bill which I am instructed, as their chairman, to report back with the recommendation that it do pass by substitute, to wit :

A bill to amend section 3667 of the Code of Georgia, as amended by Act approved Dec. 12, 1900, and for other purposes.
Respectfully submitted. JoHN M. SLATON, Chairman.

Mr. Davis, chair~an of the Committee on Appropriations, submitted the following report :

Jir. Speaker:
The Committee on Appropriations have had under consideration the following joint resolution which they instruct me, as their chairman, to report back to the Honse with the recommendation that the same do pass, to wit :
A resolution authorizing the Treasurer to pay to the administrator of the estate of the late Senator Patrick J. Sullivan the per diem and mileage that would have accrued to him for the present session.
Respectfully submitted. CHAS. L. DAVIS, Chairman.

Mr. Davis, chairman of the Committee on Appropriations, submitted the following report :
Mr Speaker:
The Committee on Appropriations have had under consideration the following resolution which they instruct me,.

-4i4

JOURNAL OF THE HOUSE.

as their chairman, to report back to the House with the recommendation that the same do not pass, to wit:

A resolution to refund a part of specific taxes to E .J. l\IeGehee.

Respectfully submitted.

C. L. DAVIS, Chairman.

The following bills, which were fixed by resolutron as a special order for today, were read the third time and put upon their passage, to wit:
By Mr. Knight of Berrien-
A bill to incorporate the city of Tifton, 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.
The bill having received the requisite constitutional majority, was passed.
On motion of the authot House Bill No. 139 was tabled.

By Messrs. Booth and Lawrence of Walton-
A bill to repeal an Act to create a Board of Commissioners of Road'l and Re,enues for the county of 'Walton, and for other purposes.
The report of the committee, which was favorable to the ,passage of the bill, was agreed to.

SATURDAY, NOVEMBER 22, 1902.

475

On passage of the bill the ayes were 90, nays 0.

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

Mr. Hardeman, chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr Speaker:
Your Committee on Hygiene and Sanitation have had under consideration Bill 295 to be entitled an Act to create .a Department of Health and Health Officer in this State .and for other purposes, authorize me, as their chairman, to .report the bill back with recommendation that it do pass.
Respectfully submitted. L. G. HARDEMAN, Chairman.

Mr. Steed, chirman of the Penitentiary Committee, submitteu the following report :

Mr Speaker:
The Committee on Penitentiary have had under consideration the following House bill which they have instructed me, as their chairman, to report back to the .House with the recommendation tLat it do pass, to wit:

A bill to authorize the Prison Commissioners of Geor,gia to release convicts upon parole, and for other purposes.
Respectfully submitted. WALTER E. STEED, Chairman.

476

JOURNAL OF THE HOUSE.

Mr. Cann, chairman of the Committee on Railroads,. submitted the following report:

]fr. Speaker:
Your Committee on Railroads having had under consideration Housp, Bills N oe. 327, 346 and 347 instruct me, as their chairman, to report same hack to the House with recommendation that they do pass.

Respectfi.1lly submitted.
J. FERRIS CANl'<, Chairman.
Mr. Fields, vice-chairman of the Special Judiciary Committee, submitted the following report:

Mr. Speaker:

Your committee has had under consideration the following bills, and I am directed by the Committee on Special Judiciary to report the following with recommendation. that they do pass :

By Mr. Grice of Pulaski-

A bill to create a new charter for the city of Hawkinsville.
By Mr. Fields of Dooly-

A hill to amend an Act to incorporate the town of Pinehurst. Approved Dec. l 6, 1895, etc.

By Mr. Butts of Glynn-

A bill to amend section 587 of the Penal Code of Georgia of 1895, relative to the catching of oyster.;;.

SATURDAY, NOVEMBER 22, 1902,

477

By Mr. Whitley of Douglas-

A bill to repeal an Act approved Dec. 13, 1895, providing for the application of all public school funds to the Douglasville college.

By Mr. West of Lowndes-

A bill to provide for the closing of private ways in this State in certain cases.

I am instructed to report the following bill back with the recommendation that it do pass by substitute:

By Mr. Fields of Dooly-

A bill to make it unlawful for any landlord, without good cause, to discharge farm laborer, cropper or renter, etc.

I am instructed to report the following bill back with the recommendation that it do pass as amended :

By Mr. Deal of Bullock-

A bill to prohibit drunkenness in certain places and to provide a penalty for the violation thereof.
Respectfully submitted. S. R. FIEr.ns, Acting Chairman.

Mr. Shannon, chairman of the Committee on Counties and County Matters, submitted the following report:

Jfr. Speaker:

The Committee on Counties and County Matters have had under consideration the following bills and have in-

478

JOURNAL O.F THE HOUSE.

structed me as their chairman to report back with the recommendation that the same do pass:

By Mr. Phillips of Jefferson-

A bill to amend and consolidate the several Acts incorporating the town of Louisville, Jefferson. county, and for other purposes.

An Act to amend an Act to establish city court in county of Hall, and for other purposes.

An Act to amend an Act creating county courts, to amend same so far as it relates to county of Greene, and: for other purposes.
Recommended do pass as amended.
Respectfully submitted.
Jso. R. SHANNON, Chairman.

Mr. Little, vice-chairman of the Committee on corporations, submitted the following repQrt:

M1. Speaker:
Your Committee on Corporations having had under consideration the following House bills recommend that they do pass:

By Mr. Hutcheson of HaralsonA bill to amend the charter of the town of Buchanan.

SATURDAY, NOVEMBER 22, 1902.

479

By Messrs. Booth and Lawrence of Walton-

A bill to incorporate the town of Bethlehem in Walton. county.

By Messrs. Steed and Hixon of Carroll-

A bill to extend the corporate limits of the city of Carrollton.

Also the following Senate bill with the recommendation that it pass :
By Mr. Merritt of the 20th-

A bill to amend an Act creating a board of Roads and; Revenues of Hancock county by providing that said board. be elected by the duly qualified electors.
Respectfully submitted. HENRY H. LITTLE, Vice-Chairman.

Hon. S. E. Leigh, member-elect from the county of Coweta, came forward and was sworn in as a member of the House of Representatives. The oath of office was administered by Hon. J no. S. Candler, Associate Justice of the Supreme Court.

The Speaker assigned Mr. Leigh to the following committees, to wit: ways and Means, Education, GeneraL Agriculture, University of Georgia, and Invalid Pensions.

By unanimous consent the following bills were read the second time and recommitted, to wit:

480

JOURNAL OF THE HOUSE,

By Mr. Steed of Taylor-

A bill to amend an Act to create a Prison Commission for the State of Georgia.

By Mr. Cann of Chatham-

A bill to amend the several acts to incorporate the town of Warsaw.
By unanimous consent the following resolution was read the second time, to wit:

By Mr. Calvin of Richmond-

A resolution to pay to the administrator of the estate of the late Senator P. J. Sullivan the per diem and mileage that would have been due him at the end of this sessiOn.

The next bill for a third reading was:

By Messrs. Evans and Franklin of Washington-
A bill to amend the several Acts to incorporate the city of Sandersville, 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.

The bill having received the requisite constitutional majority was passed.

SATURDAY, NOVEMBER 22, 1902.

481

By Mr. Grice of Pulaski-
A bill to amend the Act to create dispensaries in the county of Pulaski, and for other purposes.

The committee proposed to amend the caption of the bill by striking the word ''fourth" in the fifth line and inserting "third" in lieu thereof, and to strike the word "fourth" in the fifth line of section 1 and sub!'ltitute the word "third."

Amend section 2 by adding after the figures "1547" in the second line of said section the words of the first volume of the Code of 1895.
The amendments were adopted.
The report of the committee which was favorable to the passage of the bill as amended was agreed to.

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed as amended.

On motion of Mr. Kent of Johnson, House Bill No. 168 was tabled.
By Mr. Grice of Pu!a~ki-

A bill to incorporate the town of Finleyson in Pulaski county, 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.
31 h j

482

JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed.

By Mr. Miller of Muscogee-

A bill to amend the charter of the city of Columbus,, relative to water-works, 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 98, nays 0.

The bill having received the re1_uisite constitutional majority was passed.

By Mr. Shannon of Munroe-
A bill to provide for the removal of all obstructionsfrom the streams of Monroe county, 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 99, nays 0.
The bill having receiYed the requisite constitutional majority was passed.

By Mr. Wise of Fayette-

A bill to amend an Act to incorporate the town of Fayetteville, and for other purposes.

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

SATURDAY, NOVEMBER 22, 1902.

483

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

By unanimous consent House Bill No. 222 was withdrawn by the author.

By MeRsrs. Hardeman and Holder of Jackson-

A bill to incorporate the town of Statham in Jackson county, 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 89, nays 0.

The bill having received the requisite constitutional majority was passed.
By Mr. Holder of .Jackson-

A bill to repeal an Act to incorporate the town of Statham in Jackson county.

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.

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

By Mr. Almand of Rockdale-

A bill to create a Board of Commissioners of Roads

484

JOURNAL OF THE HOUSE.

and Revenues fi>r the county of Rockdale, 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.

The bill having received the requisite constitutional majority was passed.

By Mr. Jones of Dougherty-

A bill to change and extend the corporate limits of the city of Albany, and for other purposes.

The report of the committee which was favo1able to the passage of the bill was agreed to.

On passage of the bill the ayes were 91, nays 0.

The bill having received the requisite constitutional maiority was passed.

By Mr. Miller of Muscogee-

A bill to amend the charter of the city of Columbus relative to police jurisdiction 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 89, nays 0.

The bill having received the requisite constitutional ma-

jority was passed.

'

SATURDAY, NOVEMBER 22, 1902.

485

By Messrs. Hawes and Martin of Elbert, Boykin of Lin9oln, and Alexander and Grenade of Wilkes-

A bill to regulate the traffic in seed cotton in the counties of Elbert, Wilkes and Lincoln and for other purposes.

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

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Edwards of Marion-

A bill to amend the charter of the Buena Vista Loan and Savings Bank, and for o~her purposes.

The committee proposed to amend by inserting after the word "Georgia" in line 2 of section 1 the words ''and it is hereby enacted by authority of the same," which amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amendend, was agreed to.
On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed as amended.

On motion of Mr. Owen of Pike, House bill No. 259 was tabled.

By Mr. Paulk of Irwin-

A bill to incorporate the city of Ocilla, in Irwin county, and for other purposes.

486

]OURNAL OF TH:S HOUS:S.

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.

The bill having received the requisite constitutional majority was passed.
By Mr. Thompson of Hall-
A bill to provide for the removal of all obstructions from the streams of Hall county, 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.
The bill having received the requisite constitutional majority was passed.

By Mr. Paulk of Irwin-

A bill to repeal an Act to incorporate the town of Ocilla, and for other purposes.
The report of the committee, which wM favorable to the passage of the bill, was agreed.
On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Butts of GlynnA bill to amend an Act to create a board of commis-

SATURDAY, NOVEMBER 22, 1902.

487

iSioners of roads and revenues for Glynn county, 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 91, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Whitley of Douglas-

A bill to make it unlawful to manufacture spirituous .and intoxicating liquors in the county of Douglas, 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 91, nays 0.

The bill having received the requisite constitutional majority, ~as passed.

By Mr. Paulk of Irwin-

A bill to establish, maintain and operate a public school system in the city of Ocilla, 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.

The bill having received the requisite constitutional ~ajority, was passed.

488

JOURNAL OF THE HOUSB.

By Mr. Knight of Berrien-

A bill to amend an Act to create a board of county commissioners for the county of Berrien, 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.

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

By Messrs. Duckett of Banks, and Hardeman and Holder of Jackson.
A bill to amend an Act to amend' the charter of the town of Maysville, and for other purpeses.

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.

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

By Mr. West of Lowndes-

A bill to amend the charter of the city of Valdosta, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On pa~sage of the bill the ayes were 88, nays 0.

SATURDAY, NOVEMBER 22, 1902.

489

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

By Mr. Mitcham of Clayton-

A bill to repeal an Act to amend the charter of the town of Jonesboro, 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.
The bill having received the requisite constitutional majority, was passed.

By Messrs. Deal and Miller of Bulloch.

A bill to repeal the charter of the town of Statesboro, 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.
The bill having received the requisite constitutional majority, was passed.
By Messrs. Deal and Miller of Bullock-

A bill to incorporate the city of Statesboro, in the county of Bullock, 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.

-490

jOURNAL OF THE HOUSE.

The bill having received the requisite constitutional majority was passed.

By Mr. Cann of Chatham-

A bill to amend an Act to amend the law er-;tablishing the police court of Savannah, 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 89, nays 0.

The bill having received the requisite constitutional majority was passed.
By Mr. Bowen of Wilcox-

A bill to incorporate the town of Pineview, in the county of Wilcox, 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 89, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Reid of Campbell-
A bill to authorize the mayor and council of the town of Palmetto to issue bonds, 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.

SATURDAY, NOVEMBER 22, 1902.

491

The bill having received the requisite constitutional majority was passed.

By Mr. Crumbly of Stewart-

A bill to create a mlw charter for the town of Richland, and for other purposes.

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

On passage of the bill the aye~> were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Knight of Berrien-

A bill to repeal an Act to incorporate the city of Tifton, :and for other purpose~;,

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.

The bill having received the requisite constitutional majority was passed.

By Messrs. McElmurray and Nisbet of Burke-

A bill to amend an Act to amend the various Acts incorporating the town of Waynesboro, and for other purposes.

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

492

JOURNAL OF THE HOUSE.

On passage of the bill the ayes were ~0, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Fields of Dooly-

A bill to amend an Act to incorporate the town of Pinehurst, in Dooly county, 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.

The bill having received the requisite constitutional majority was passed.

By unanimous consent Mr. Spence of Ware was allowed. to withdraw House bill No. 236.

By Messrs. McElmurray and Nisbet of Burke-

A bill to incorporate the Waynesboro Academy in the county of Burke, aCid for other purposes.

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

On passage of the bill the ayes were 89, nays 0.

The bill having received the requisite constitutional rna- jority was passed.

By Mr. Spence of Ware-

A bill to amend an Act to establish the city court of

SATURDAY, NoVEMBER 22, 1902.

493

Ware relative to the clerk of said court, 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 89, nays 0.

The biH having received the requisite constitutional majority was passed.

By Mr. Spence ot Ware-

A bill to amend an Act to create the city court of Waycross relative to its powers and jurisdiction, 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.

The bill having received the requisite constitutional majority was passed.

Mr. Morris, chairman ex officio of the Committee. on H.ules, submitted the following report, and asked that the bame be taken up for adoption on Monday next:

llfr. Speaker:
The Committee on Rules have had under consideration House resolution No. 77, by Mr. Calvin of Richmond; also, House resolution No. 81, by Mr. Houston of Fulton; also, House resolution No. 82, by Mr. Steed of Taylor; also,

494

JOURNAL OF THE HOUSE.

House resolution No. 83, by Mr. Beauchamp of Butts, and recommend that the same do pass as amended.

Respectfully submitted.

N. A. MoRRis, Ex Officio Chairman.

By unanimous consent the following bill was read the second time, to wit :
By Mr. Felder of Bibb-

A bill to amend an Act to create a Prison Commission for the State or Georgia.

By unanimous consent House bill No. 58 was withdrawn.

The following bills were, by unanimous consent, read the second time and recommitted, to wit :

By Messrs. Hardeman of Jackson and Shackelford of Clarke-

A bill to provide for the teaching of the elementary principles of agriculture and civil government in the public schools of this State.
By Me.ssrs. West of Lo.wndes and Mitchell of Thomas-
A resolution to appoint a commission to examine and report upon the uniformity text-book system, and for other purposes.
The following resolution was read and adopted, to wit:

By Mr. Stovall of Chatham-

A resolution tendering the hall of the House to the

SATURDAY, NOVEMBER 22, 1902.

49[)..

State Sociological Society for the purpose of holding a public meeting on Tuesday evening, November 25, 1902.
Leave of absence was granted Mr. Bower of Decatur,.. for Tuesday, Wednesday, Thursday and Friday last, while in attendance on the superior court of his county.
Mr. Harden of Chatham moved that when the House adjourn it adjourn to meet. again at 10 o'clock Monday morning, which motion prevailed.

Mr. Holder, chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
The Committee on Education have had under consideration the following House bills, which I am instructed to report back, as chairman, with the recommendation that the same do pass, to wit:
A bill to amend section 1378 of Vol. I. of the Code of 1895, relating to admission to common schools, and for other purposes.
A bill to repeal section 1349 of Vol. I. of the Code of Georgia, providing for teachers' institutes.
Also, the following House bills, with the recommendation that the same do not pass :
A bill to prescribe the manner of electing county school commissioners, and for other purposes.
A bill to regulate the amount of payment to first grade public school teachers.

496

JOURNAL OF THE HOUSE.

The committee. have also considered the following House bill, which they instruct rue, as chairman, to report back with the recommendation that the author be allowed to withdraw the same, to wit:

A bill to repeal section 1349 of the Code of 1895 establishing county teachers' institutes.
Respectfully submitted.
JNo. N. HoLDER, Chairman.

The following bills were read the second time, to wit: By Mr. Richardson, of Houston-
A bill to amend section 221 volume 3 of the Code relative to hunting upon the lands of another. By Mr. Gaulden of Brooks-
A bill to prevent betting and selling of pools.
By Mr. Evans of WashingtonA bill to amend an Act to create the city court of San-
dersville.
By Mr. Dunbar of RichmondA bill to requir~ certain persons seeking writ of certiorari
to give bond. By Mr. Houston of Fulton-
A bill to regulate the employmeut of children in factories.

SATURDAY, NOVEMBER 22, 1902.

497

.By Mr. Felder of Bibb-

A bill to regulate the filing and accepting of second -<llaims.

By Mr. Hayes of Macon-
A bill to amend section 982 of the Code relative to State depositories.
By Mr. Shannon of Monroe-

A bill to amend section 813, volume 3 of the Code, providing for the appointment of jury commissioners.

.By Mr. Johnson of Baker-

A bill to provide for the manner of disposing of misdemeanor cases.
.By Mr. Davidson of Greene-

A bill to amend Act to create county court so far as it relates to Greene county.

By Mr. Thurman of Walker-

A bill to amend an Act in reference to the road laws of this State.

By Mr. Cann of Chatham-

A bill to amend section 2167, volume 2 of the Code, relative to powers of railroad corporations.
32h j

498

]OUaNAI. OF THE Hous:a.

By Mr. Slaton of Fulton-

A bill to amend section 3667 of the Code relative tobringing of tmits.

By Mr. Butts of Glynn-

.A bill to amend section 587 of the Penal Code relative.to catching of oysters.

By Mr. Stanford of HarrisA bill to establish a dispensary in the city of Hamilton_

By Mr. Hixon of Carroll-
.A bill to extend the corporate limits of the city of Carrollton.
By Mr. Kelly of Glascock-
.A bill to change the time of holding the superior courts. of Glascock county.
By Mr. Underwood of White-
.A bill to prescribe and limit the fees of solicitorsGeneral.

By Mr. Dunbar of Richmond-
.A bill to require executions to be recorded on the general execution docket.
By Mr. Whitley of Douglas-
.A bill to repeal an .Act relative to the school funds of Douglasville college.

SATURDAY, NOVEMBER 22, 1902.

499

By Mr. Grice of Pulaski-

A bill to increase the powers of certain judges in this State.

By Mr. Bell of Milton-

A bill to amend section 1o78 of Vol. 1 of the Code relative to admission to common schools.

By Mr. Dunbar of Richmond-

A bill to amend section 4316 of the Code relative' to terms of the superior court.

By Mr. Cann of Chatham-

A bill to authorize corporations operating suburban or street railways to increase their capi~l stock.

By Mr. Wellborn of Union-
A bill prescribing that no person owning more than $1,000 shall draw a pension.

By Mr. Calvin o( RichmondA bill to abolish the '' Days of Grace."

By Mr. Cann of Chatham- .

A bill to authorize suburban and street railways to extend their railroad in certain cases.

By Mr. Walker of Monroe-
A bill to provide for the payment of the fees of officers of the court in certain cases.

500

JOURNAL OF THE HoUSE.

By Messrs. McHenry, Knowles and Ennis of Floyd-

A bill to require prison made- goods to be labeled '' prison made."

By Mr. Cook of Telfair-

A bill to change the time of holding the snperior court ot Telfair county.

By Mr. Akin of Bartow-
A bill to allow defendants in certain trover cases to
plead set-oils.

.By Messrs. Thompson and Rodgers of Hall-

A bill to amend the Act to create the city court of Hall eounty.

By Mr. Deal of Bullock-

A bill to prohibit drunkenness.

By Mr. Wellborn of Union-
A bill to amend section 4612 of the Civil Codewhi~h provides for a bond in claim cases.

By Mr. Paulk of Irwin-

A bill to establish a dispensary in the city of Ocilla.

By Mr: West of Lowndes-

A bill to amend an Act to establish the cit.y court ot Valdosta.

SATURDAY, NOVEMBER 22, 1902.

501

By Mr. Wooten of Montgomery-

A bill to incorporate the town of Soperton.

By Mr. Calvin of Richmond-
A bill to amend section 1643, vol. 1 of the Code relative to Confederate soldiers conducting buRiness of life insurance agents.

By Mr. Wellborn of Union-
A bill to amend section 4623 of the Civil Code which prescribes certain oaths.
By Mr. Watson of McDuffie-
A bill to amend section 982 of the Code relative to State depositories.
By Mr. Felder of Bibb-
A bill to amend section 1495, volume 1 of the Code providing for meetings of the State Board of Pharmacy.

By Mr. Grice of PulaRki-
A bill to create a new charter for the city of Hawkinsville.
By Mr. Felder of Bibb-
A bill to amend section 1497, volume 1 of the Code prescribing manner of granting licenses.

502

JoURNAL OP THE HOUS&

By Mr. Felder of Bibb-

A bill to amend section 1492, volume 1 of the Code providing for appointment of members of State Board of Pharmacy.

By Mr. Bush of Miller-

A bill to prohibit the buying of seed cotton unless a record of same be kept.

By Mr. Whitley of Douglas-

A bill to create a department of health and health officers.

By Mr. Hutcheson of Haralson-

A bill to establish the city court of Buchanan.

By Mr. Davis of Meriwether-

A bill defining the duties of the keeper of public buildings.

By Mr. Felder of Bibb-

A bill to encourage, foster and protect the Georgia Industrial Home.

By Mr. Fields of Dooly-

A bill to increase the salaries of the j~dges of the superior courts.

By Mr. Conner of Bartow-

A bill to amend an Act to create the city court of Bartow.

SATURDAY, NOVEMBER 22, 1902.

503

By Mr. West of Lowndes-

A bill to provide for the closing of private ways in certain cases.

By Mr. Calvin of Richmond-

A bill to regulate and fix the fees of notaries public in <CElrtain cases.

By Mr. McBride of Lee-

A bill to prohibit the sale of spirituous liquors in Lee <COUnty.

By Mr. Slaton of Fulton-

A bill to provide for practice in the city court of Atlanta in reference to defaults.

By Mr. Hutcheson of Haralson-

A bill to amend an Act to create the charter of Buchanan.
By Mr. Phillips of Jefferson-
A bill to amend all Acts to incorporate the town of Louisville

By Mr. Bruce of Lumpkin-

A bill to repeal section 1349, volume 1 of the Code, to organize teachers' institutes.

By Mr. Howard of Baldwin-

A resolution to require the superintendent of the State

504

JOURNAl, OP THE HOUSB.

Farm to make certain improvements on the grounds of the State Normal School at Milledgeville.

By Mr. Buchan of Dodge-

A resolution to pay Solicitor-General J. F. DeLacy a. salary for quarter ending December 31, 1901.

By Mr. Dunbar or Richmond-

A resolution to pay Mrs. Agnes Renew a pension. By Messrs Booth and Lawrence of Walton-
A bill to incorporate the town of Bethlehem.

By Mr. Rountree of Thomas-

A bill to amend an Act to amend the charter of thetown of Boston.

By Mr. Wellborn of Union-

A bill to authorize the Prison Commission of Georgia. to release convicts upon parole.

.By unanimous consent the following bills were read the third time, to wit :
By Messrs. Hardeman and Holder of Jackson-

A bill to abolish the city court of Jefferson, and for other purposes.

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

SATURDAY, NOVEMBER 22, 1902.

505

On passage of the bill the ayes were 90, nays 0.
The bill having received the requisite c~nstitutional majority. was passed.

By Mr. McElmurray of Burke-

A bill to establit>h the city court of Waynesboro, and for other purpos~s.

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 ~8, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Yates of Catoosa-

A hili to cede jurisdiction over certain public roads to the United States, which approach Chickamauga Park, 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 89, nays 0.

The bill having received the requisite constitutional ma-

jority was passed.



By Mr. Wise of Fayette--

A bill to establish the city court of Fayetteville, and for other purposes.

"506

JOURNAL OF THE. HOUS&

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

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

.By Mr. Nisbet of Burke-

A bill to abolish the city court of Waynesboro, and for other purposes.

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

On passage of the bill the ayes were 90, nays 0.

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

By Messrs. Hardeman and Holder of Jackson-

A bill to repeal an Act to establish the city court of Jefferson, 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.

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

The following resolution was read and referred to Committee on Rules, to wit:

SATURDAY 1 NOVEMBER 22, 1902.

507

lBy Mr. Knight of Berrien-

A resolution providing that no committee or individual he granted leave of absence for next week except for prov-idential cause.

House bills Nos. 39 and 88 were tabled on motion of .the' author.

At the request of the anthor, House bill No. 141 was Tecoinmitted to the Special Judiciary Committee.

By unanimous consent, the following bill was read first time, to wit:

.By Messrs. Shannon and Walker of Monroe-

A bill to consolidate the several Acts to incorporate the city of Forsyth, and for other purposes.

Referred to Committee on Counties and County Matters.

The following Senate bills were read first timt' and ap~propriately referred, to wit:

.By Mr. Hopkins of the 7th District-

A bill to authorize guardians, trustet's, etc., who are 'rt'quired to give bond, to charge cost of such bond, and for other purposes.

Referred to General Judiciary Committee.

Ey Mr. Skelton of the 31st District-

A bill to change the time of holding the elections for -Governor and other ~fficers, and for other purposes.

508

]OURNAL OF THE HOUSE.

Referred to General Judiciary Committee.

By Mr. Skelton of the 31st District-

A bill to change the time of meeting of the General Assembly, and for other purposes.

Referred to General Judiciary Committee.

By Mr. Comas of the 3d District-

A bill to prescribe rules which shall govern in the transportation of the dead in this State, and for other purposes.

Referred to Special Judiciary Committee.

The following Senate bills were read the second time, towit:

By Mr. Symons of the 4th District-
A bill to fix the boundaries of all property bordering on tidewaters, and for other purposes.

By Mr. Van Buren of the 21st District-

A bill to amend an Act reviving the office of StateGeologist.

By Mr. Comas of the 3d District-
A bill to amend section 982 of the Code, relative to State depositories.

By Mr. Comas ofthe 3d DiRtrict-
A bill to repeal section 397, volume 3 of the Code of Georgia.

SATURDAY, NOVEMBER 22, 1902.

509

By Mr. Lee of the 44th District-

'A bill to amend section 982, volume 1 of the Code, relative to State depositories.

By Mr. Merritt of the 20th District-

A bill to amend an Act to create a board of commissioners of roads and revenues for Hancock county.

The following Senate bill was read the third time and - put upon its passage, to wit:

.By Mr. Lee of the 44th District-

A bill to be entitled an Act to amend the charter of the town of Flintstone, in Walker county.

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 90, nays 0.

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

Leave of absence was granted the following members: Messrs. Womble, Roper, Hixon of Sumter, Lane, Crumbly.

On motion of Mr. Franklin of Washington, the House adjourned until 10 o'clock Monday morning.

510

JOURNAL OF THE HOUSE.

Atlanta, Georgia. Monday, November 24, 1902.

The House met pursuant to !tdjournment at 10 o'clock a.m. this day; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called and the following members answered to their names :

Adams, Akin, Alexander, Alford, Arnold, Baldwin, Beall, Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Bowen, Bower, Boy kin, Brinson, Brock, Brown, Bruce, Buchan, Buchannon, Burton, Bush, Butts, Calvin, Candler, Cann,

Carr, Carrington, Carswell, Cllatt, Conner, Cool;:, Cromartie, Crumbly, Daves, Davis, Davlsou, Derrick, Dozier, Duckett, Duggan, Dunbar, Edwards, English, Ennis, Evans, l<'elder, l!'lelds, Flanigan, Flynt, Foster of Oconee, Franklin, Gaulden,

George, Glenn. Grenade, Urice, Grittln, Hall, Hardeman, Harden, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of CatTOll, Holder, Houston, Howard of Baldwin. Howard of Laurens. Howell, Hutcheson, Johnson of Baker, Johnson of Clinch, Jones of Dougherty, Jones of l'lcken8, Kelly, Kendrick, Kent,

MONDAY, NOVEMBER 24, 1902.

511

Kilburn, Knight, Knowles, Lanier, Lawrence. Leigh,
Little, Lowe, Maples, Martin, Mayson, Miller of Bullock, Miller of Muscogee, Mills, Mitcham, Mitchell, Mizell, Moses, Mulherin, McBride, McCurry, McElmurray, McHenry, McLain, 1\lcRae,

Newton,

Rountree,

Owen,

Sanders,

Overstreet,

Shackelford,

O'Qulnn,

Shannon,

Parker,

Singletary,

Pate of Dooly,

Slaton,

~ate of Gwlnnett, Spence,

Paulk of Colree, Stanford,

Paulk of Irwin, ,Steed of Carroll,

Peyton,

Steed of Taylor.

Phillips of Jelrerson, Stewart,

Phillips of Quitman, Stovall,

Preston,

'l'hurman,

Proctor,

Underwood,

Rainey,

Walker of Monroe,..

Rankin,

Walker of Pierce,

Rawls, Redwine, Reid, Rice, Richardson, Ridley, Rogers of Hall,

Warren, Watson, Welch, Wellborn, Whitley, Wilson, Wise,

Rogers of Mcintosh, Yates,

Roper,

Mr. Speaker;.

Those absent were Messrs.-

Almond,

Lane,

Ayres,

Mann,

Deal,

Morton,

Foster of '!'owns, Nisbet,

li'ussell,

Strickland,

Hixon of Sumter, Thompson,

Johnson of .Crawford,

Tigner, Tracy, Valentine, West, Womble, Wooten,

l\ir. Flanigan reported that the' Journal of Saturday's proceedings had been examined and found correct.

On motion of Mr. Franklin of Washington, the reading of the Journal was dispensed with.

.512

JOURNAL OF THE HOUSE

:Mr. Mitchell of Thomas, moved that the House resolve itself into a committee of the whole for the purpose of considering and reporting back to the House House bill No. 281, which is a bill to prov!de for the disposition of the misdemeanor convicts of this State, and for other purposes.

Before the motion could be pu.t, Mr. Mitchell asked unanimous censent that the above mentioned bill be brought up for a consideration in the committee of the whole House on Friday morning next, immediately after the confirmation of the Journal, subject to the general tax act and the general appropriation bill, which request was granted.

By unanimous consent the following bills were read the first time, to wit:
By Mr. Mulherin of Richmond-

A bill to reorganize the military forces of this State, and :for other purposes.

Referred to Committee on Military Affairs.

By :Mr. Candler of DeKalb-

A bill to authorize the payment of the pension due David L. Rogers to T. H. Jenkins.

Referred to Committee on Pensions. ~y Mr. Cann of Chatham-

A bill to authorize the mayor and council of the town of Tybee to close Fourth avenue.

Referred to Committee on Corporations.

MONDAY, NOVEMBER 24, 1902.

513

By: Messrs. Grenade and Alexander of Wilkes-

A bill to authorize the mayor and council of Washington, Georgia, to sell a ~ertain lot of land, and for other purposes.

Referred to Committee on Counties and County Matters.

The following resolutions, which were reported back to the House on Saturday by the Committee on Rules, were taken up and read, to wit:

By :Mr. Calvin of Richmond-

A resolution providing that so much of l!Quse resolution No. 8 as refers to the cop1mittees to visit State institutions nnd submit vouchers for all expenses incurred on said visits, be rescinded.
The committee proposed to amend by striking out all . after the word "rescinded," in line 11, and substituting . the following in lieu thereof: "The sense of this House being that only an itemized statement of money actually paid out for expenses, which statement shall be signed by t.he member presenting same shall be required."

The amendment offered by the committee was adopted.

The resolution was then adopted as amended.

By Mr. Steed of Taylor-

Resolved, That House resolution Ne 74, to appropriate money to make repairs on the State Capitol, be m~de the special order for Monday at 11 o'clock a.m.
33 h l

514

Jou:R.NAt. o~t THE Hous&

The committee proposed to amend by adding "that the resolution shall be subject to the general tax Act and the general appropriation bill."
The resolution was then adopted as amended.

By Mr. Beauchamp of Butts-

A resolution to make House resolution No. 18 the special order for Tuesday morning immediately after the confirmation of the Journal.
The committee proposed to amend by striking out "Tuesday morning," and inserting in lieu thereof "Monday, November 24, immediately after the action on House resolution No. 74."
The resolution was then adopted as amended.

By Mr. Houston of Fulton-
A resolution to make the child labor bill the special order :for November 26th, immediately after the confirmation of the Journal.
Amend by striking out the words "11 :30 o'clock," and insert in lieu thereof the words "12 o'clock, subject to tax Act and appropriation bill."
The resolution was then adopted as amended.

The following resolution, which was made the special order for this hour, was read the third time and put upon ~ts passage, to wi1tt
By ~fr. Steed of Taylor-

MONDAY, NOVEMBER 24, 1902.

515

A resolution to appropriate the sum o $15,000 or the purpose o making necessary repairs on the State Capitol.

An appropriation being involved in the resolution, the House resolved itsel into a committee o the whole or the purpose o considering the same, and the Speaker designated as chairman o the committee Mr. Slaton of Fulton.

After a consideration o the resolution the committee arose, and through their chairman reported the same back to the House with the recommendation that it do pass.

The report o the committee was agreed to.

On passage o the resolution the ayes and nays were or- dered, and on taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, Alexander, Alford, Arnold, Baldwin, Beall, Beauchamp, Blackburn, Boykln, Brown, Buchannon, Burton, Butts, Cann, Carrington, Carswell, Cl!att, Conner, Davison, Dozier,

Duckett, Duggan, English, Evans, Felder, Fields, Foster of Oconee, l'ranklln, Gaulden, George, Glenn, Grenade, Gr!f:Hn, Hardeman, Hawes, Hayes, Hendry, Henry, Hicks, Hixon of Carroll,

Houston, Howard of Baldwin, Howell, Hutcheson, .Tohnson of Baker, Johnson of Clinch, Johnson of Crawford, Jones of Dougherty, .Tones of l'lckens, Kent, Kilburn, Knight, Lanier, Leigh, Little,
e owe, 1\Iaples, :Martin, 1\f!ller of Bullock, M!lls,

516

JOURNAL OF THE HOUS&

Mitcham, Mitchell, Mizell, Moses, Mulherin, McCurry, McElmurray, McHenry, Mcltae, Newton, Owen, O'Qulnu, Pate of Dooly, Paulk of <.Jolree,

Paulk of Irwin,

Stanford,

Phillips of Quitman, Steed of Carroll,

l'1eston,

Steed of Taylor,

l'l'Octor,

Stewart,

Rankin,

Stovall,

Rawls, ltedwlne, Ridley,

Unde1wood, walker of Monroe, walker of Pierce.

Rogers of Hall,

\Vatson,

Rogers of Mcintosh, Welch,

Sanders, Shannon, Singletary,

\Vhltley, Wise,
Yates.

Slaton,

Those not voting were Messrs.-

Akin, Almond. Ayres, Bell of Emanuel, Bell of Milton, Booth, Bowen, Bower,
Brinson, Brock, Bruce, Buchan, Bush, Calvin, Candler, Carr, Cook, Cromartie, Crumbly, Daves, Davis, Deal, Derrick, Dunbar, Edwards,

Ennis,

Pate of Gwlnnett,

Flanigan,

Peyton,

Flynt,

l'lllllips of J errerson,

Foster of '!'owns, Rainey,

l'usseU,

Held,

Grice,

Rice,

Hall,

Richardson,

Harden,

Roper,

Hixon of Sumter, Rountree,

Holder,

Shackelford,

Howard of J.aurens, Spence,

Kelly,

Strickland,

I<endrick,

~'hompson,

1<\nowles,

'l'hurman,

Lane,

Tigner,

Lawrence,

~'racy,

Mann,

Vall~ntine,

Mayson,

\Varren,

Miller of Muscogee, Wellborn,

Morton,

West.

,.....,

McBride, McLain,

Wilson, Womble,

Nisbet,

Wooten,

Overstreet,

Mr. Speaker.

Parker,

MONDAY, NOVEMBER 24, 1902.

517

On motion of Mr. Franklin of Washington, the verification of the roll-call was dispensed with.
On passage of the resolution the ayes were 101, nays 0.

The resolution having received the requisite constitutional majority was passed.

The following resolution, which was also made the special order for this time, was read the third time and put upon it passage, to wit:

By Mr. Beauchamp of Butts-

A resolution to appropriate a certain amount of the rental of the Mcintosh Reserve to the preservation of In-
dian Springs.

An appropriation being involved in the resolution the House resolved itself into a committee of the whole, and the Speaker designated as chairman of said committee Mr. Moses of Coweta.

After a consideration of the resolution the committee arm;;e, and through their chairman, reported the resolution back to the House with the recommendation that it do pass as amended.

The committee proposed to amend by substituting for section ~ the following: "Resolved, That so much .of the :rental of the Mcintosh Reserve as may be necessary, which may accrue in the future, not exceeding the sum of seven hundred and fifty dollars, be appropriated for the purpose of preserving said Springs and its approaches, provided the balance necessary be contributed by the lessees or others."

..\mend by striking out the word "Mcintosh" wherever it occurs, and inserting the words "Indian Springs."

518

]OURNAL OP THE: HOUSH.

Amend further by inserting after the word "land" the following words: "to accrue in the future."

The amendments offered by the committee were adopted.

The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.

An appropriation being involved the ayes and nays were ordered, and on taking the ballot viva voce the vote was llS follows:

Before the vote could be announced Mr. Beauchamp of Butts, moved that the resolution, together with the aye and nay vote thereon, be tabled, which motion prevailed.

By unanimous consent the following resolution was read and adopted, to wit:

By Mr. Evans of Washington-
A resolution inviting Mrs. J. E. Hayes, Mr. H. M. Franklin and ~Irs. J. L. Kent, to seats on the floor of the House.
Mr. Shannon, chairman of the Committee on Counties and County :Matters, submitted the following report:

Mr. Speaker:

Your Committee on Counties and Count.r Matters have had under consideration House bills Nos. 363 and 355, and Senate bill No. 34, and have requested me to report back with the recommendation that the same do pass:

A bill to be entitled an Act to consolidate and codify the various Acts incorporating the city of Forsyth, in the

MONDAY, NOVEMBER 24t 1902.

519

county of Monroe, and the various Acts amendatory thereof, and for other purposes.

A bill to incorporate the Meansville school district, in Pike county; to define the boundaries of same; to regulate the management of the same, and fQL other purposes.

A bill to be entitled an Act to make it unlawful and punishable as a misdemeanor for any person to hunt upon the lands of another in Columbia county without the written consent of the owner thereof.
Respectfully submitted, .TNo. R. SHANNON, Chairman.

Mr. Mitcham, vice-chairman of the Committee on Counties and County Matters, submitted the following report:

JJr. Speaker:
The Committee on Counties and County Matters have had under consideration House bill No. 168, and have requested me to report the same back to the House with recommendation that the same do pass:

A bill to be entitled an Act to create dispensaries in the city of Wrightsville and the town of Kite, in Johnson county, and for other purposes.
Respectfully submitted. A. B. MITCHAM, Vice-Chairman.

The following message was received from the Governor through Mr. Erwin, his Secretary:

Mr. Speaker:
The Governor has approved the following Act of the 'General Assembly, to wit:

520

jOURNAL OF THE Housa,

An Act to provide compensation for deputy sheriffs. and bailiffs of superior and city courts in counties in this State
of having cities with population 50,000, or more.
On motion of Mr. :Mitchell of Thomasl-the call of the roll of counties was dispensed with and the following bills. were introduced, read the first time and appropriately referred, to wit:

By :M:r. Glenn of Whitfield-
A bill providing for the payment of a pension. to all needy and indigent Confederate Yeterans, or their widows,. and for other purposes.

Referred to Committee on Pensions. By :M:r. Glenn of Whitfield-
A bill to amend the stock and fence laws of this State,. and for other purposes.
Referred to Special Judiciary Committee.

By Mr. Hardeman of Jackson-

A bill to incorporate the city of Russell, m Jackson county, and for other purposes.

Referred to Committee on Corporations.

By :M:r. Overstreet of Screven-
A bill to reincorporate the town of Sylvania, and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, NOVEMBER 24, 1902.

521

By Mr. Calvin of Richmond-

A joint resolution to authorize the commissioner of agriculture to make an exhibit at the Louisiana Exposition,. and for otb.er purposes.

Referred to Committee on General Agriculture.

By Mr. D.aves of Fannin-

A bill to incorporate the town of Morgan, and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Fields of Dooly-
A bill to require bond or costs paid before waiTants can issue, if same is required, by issuing officer, and for other purposes.
Referred to Special Judiciary Committee.

By Mr. O'Quinn of Wayne-
A bill to enlarge the power of the railroad commission, and for other purposes.
Referred to Special Judiciary Committee.

By Mr. O'Quinn of Wayne-
A bill to require railroads in this State to run a train at least once per day, except on Sunday, and for other purposes.

Referred to Special Judiciary Committee.

-522

JOUllNAI. OF THB Houss.

By 1.fr. Knight of Berrien-

A bill to amend an Act to create the county court of Berrien county.

Referred to Committee on Counties and County Matters.

By :Mr. Rogers of Hall-
A bill to. repeal an Act for the protection of game in Hall county, and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Kilburn of Bibb-

A bill to provide for the protection of the lives and property of the traveling public, and for other purposes.
Referred to Committee on Corporations.

By :Mr. Leigh of Coweta-

A bill to prohibit justices of the peace and notaries public from procuring the dismissal or settlement of criminal warrants, etc., and for other purposes.
Referred to General Judiciary Committee.

By Mr. Edwards of Marion-
A bill to amend an Act to create a dispensary in the towu of Buena Vista, and for other purposes.
Referred to Committee on Temperance.

By Mr. Slaton of Fulton-
A resolution to pay Mrs. R. W. Laird a pension, and for other purposes.

MONDAY, NOVEMBER 24, 1902.

523

Referred to Committee on Pensions.

Ey l\Ir. Hall of Bibb-
A resolution to pay Wm. F. Blue $150.00 for certain -stenographic work done for the State.
Engrossed.
13y Mr. Burton of Franklin-
A bill to incorporate the town of Cannon, in Franklin eounty, and for other purposes.

Referrecl to Committee on Corporations.

By 1\fr. Howard of Baldwin-

A bill requiring ordinaries to approve official bonds in the counties of this State, and for other purposes.

Referred to Special Judiciary Committee.
On motion of Mr. Underwood o White, House bills Nos. "89, 90, 135 were taken from table and place on the Calendar.

On motion of :Mr. Evans of Washington, House bill No. 88 was placed on the calendar.

The following resolution, which was ordered to lay over for one day, was taken up, read and adopted, to wit:

13y :Nir. Stovall of Chatham-
A resolution asking for certain information from the prison commission.

524

]OURNAI. OF THE HoUSE.

By unanimous consent the following Senate bill was read the second time, to wit:

By Mr. Snead of the 29th district-

A bill to make it unlawful to hunt or fish upon the lands. of another in Columbia county, and for other purposes.

:Mr. Wellborn, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:
The Committee on Enrollment have examined and re-port as properly enrolled, duly signed and ready for delivery to the Governor, the following Acts, to wit:

An Act to authorize the village of SummciTille, in Richmond county to provide cemeteries within or without said village, and for other purposes.

Also, an Act to authorize the village of Summerville to issue bonds for water-works, and for other purposes.

Also, an Act to amend section 982 of the Code of Georgia.

Also, an Act to amend the several Acts incorporating the city of Rome.

Also, an Act to amend the Act incorporating the town of J\fc.Rae, and for other purposes.

Also, an Act to amend the Act incorporating tlJC town of Sasser, in Terrell county.

Also, an Act to amend the charter of the town of Bron-wood, Terrell county.

TuESDAY, NovEMBER 25, 1902.

525

Also, an Act to amend the charter o the city of Dawson.
The following bill was read the third time and put upol\ its passage, to wit:

J3y l\fr. Evans o Washington-
A bill to amend an Act to create a city court jn the cit~ <J Sandersville, and for other purposes.

Before this bill was disposed o Mr. Franklin of Washington, moved that the House adjourn, which motion prevailed.
Leave of absence was trranted Messrs. Deal o:f Bullock, Mann of Tattnall.
The Speaker then announced the House adjourned until 9 o'clock to-morrow morning.

Atlanta, Georgia. Tuesday, November 25, 1902.
The House met pursuant to adjournment at 9 o'clock a.m. this day; was called to order by the Speaker and <~pened with prayer by the Chapl~in.
The roll was called and the following members answered to their names :

626

JOvaNAI. OP TBB Housa.

Adams, Akin, J\.lexander, Alford, Almond, Arnold, Baldwin, Beauchamp, Bell of Emanuel, Bell of Milton, Blacltburn, Booth, Bowen, Bowe1,
Brinson, Brock, Brown, Buchan, Huchannon, Burton. Butts, Calvin, Candler, Carr, Carrington, Carswell, Cllatt, Conner, Cook, Cromartie, Crumbly, Daves, Davis, Deal, Derrick, Dozier, Duckett, Duggan, Dunbar, English, Ennis, Evans,

!<'eldE-r,

1\1 iller or .Hullock,

Fields,

l\liller or Muscogee,

l''lnnigan,

.\!ills,

l!'lynt,

,\Jltchell,

Fosttr .or Oconee, .\lizell,

Foster or Towns, .\loses,

Franklin,

l\lulherin,

Fussell,

McBride,

Gaulden,

l\lcCurry,

George,

.\l<:Eimurray,

Uleun,

l\lcHenry,

Grenade,

McLain,

Grice,

~JcHae,

Hall,

1\ewton,

Hardeman,

Nisbet,

Harden,

Overstreet,

Hawes,

O'Quinn,

Hayes,

Parker.

Hendry,

Pate of Gwinnett,

Henry,

Paullt of Colree,

Hicks,

Paulk of Irwin,

Hixon of Carroll, Peyton,

Holder,

Phillips of Jelrerson,

.Houston,

Phillips or Quitman,

Howard of Laurens, Preston,

Howell,

Proctor,

Hutcheson,

Rainey,

Johnson of .Maker, Rankin,

Johnson or Clinch, Rawls,

Johnson of Crawford,Redwine,

Jones of Dougherty, Reid,

Kelly,

H!ce,

Kent,

Richardson,

K!lburn,

Ridley,

Knight,

Rogers of Hall,

Knowles,

Rogers of Mcintosh,

Lanier,

Shackelford,

Lawrence,

Singletary,

Leigh,

Slaton,

Lowe,

Steed of Carroll,

.\Japles,

Steed of 'l'aylor,

1\Iartln.

Stewart,

TuESDAY, NovEMEER 25, 1902.

52"l"

Stovall, Strickland, Thompson, Tigner, Underwood, Valentine,

Walker of Monroe, Walker of l'lerce, Warren, Welch, Wellborn,

West. Whitley, \Vooten, Yates, Mr. Speaker.

Those absent were Messrs.-

Ayres,

Jones of l'lckens,

Beall,

Kendrick,

.Boy kin,

Lane,

:Bruce,

Little,

Hush,

Mann,

Cann,

1\layson,

Davison,

1\lltcham,

Edwards,

Morton,

GrUHn,

Owen,

Hixon of Sumter, Pate of Dooly,

Howard of Haldwln, Roper,

Rountree, Sanders, Shannon, Spence, r!tanford, Thurman, '.rracy, Watson. \VIlson, \VIse, \Vomble,

Mr. Stovall o:f Chatham, reported that the Journal o:f yesterday's proceedings had been examined and found correct.

The Journal was then read and confirmed.
On motion o:f Mr. Davis o:f Meriwether, 200 copies o:f the general appropriation bill were ordered printed :for the use o:f the House.
By unanimous consent House bill No. 378 was withdrawn.

At the request o:f the chairman the :following gentlemen were added to the Enrolling Committee: Messrs. Foste~ o:f Towns, Brock, Singletary.
On motion o:f ].fr. Hall o:f :bibb, House bill No. 186was taken :from the table and placed upon the calendar.

:528

JOURNAL OF THE HOUSE.

On motion of :Mr. Rankin of Gordon, House bill No. 146 was taken from the table and placed upon the calendar.

Mr. Reid, chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways and Means have had under {)Onsideration House bill No. 272, by Mr. Reid of Campbell, being a bill entitled an Act to amend section 767, volume 1 of the Code of 1895, by inserting certain words therein, and for other purposes.

They instruct me, as their chairman, to report the same back to the House with the recommendation that the same -do pass as amended by substitute.

Respectfully submitted.

C. S. REID, Chairman.

Mr. Davis, chairman of the Committee on Appropriations, submitted the following report:

].Jr. Speaker:
The Committee on Appropriations have had under con sideration the general appropriation bill, and having completed the same report it back to the House with the recommendation that it do pass.

I am also directed by the committee to request that the general appropriation bill be taken up on Friday next, and that the session of that day be extended, if necessary, for consideration and completion of the bill.
Respectfully submitted.
CHAS. L. DAvis, Chairman.

TUESDAY, NOVEMBER 25, 1902.

529

Mr. Slaton, chainnan o the Committee on General Judiciary, submitted the following report:

Mr. Speaker:

The General Judiciary Committee have had under con.. sideration the following House bills, which I am instructed to report back with the recommendation that the same do pass, to wit:

A bill to amend an Act fixing the holding o the superior court o vVare county, approved December 15, 1893, and ior other purposes.
A bill to amend section 671 o volume 3 o the Code, which provides or the wrongful sale o mortgaged prop(lrty.

A bill to regulate the issuance and record o executions .on judgments pending appellate proceedings.

Also, the following Senate bills with the recommendation that they do pass, to wit:
A bill to cede to the United States jurisdiction over ceriain territory in the vicinity o Chickamauga N at10nal Military Park, and or other purpqses.

A bill to repeal an Act to create a county court in each -county, except certain counties, so ar as the same applies to the count;r o Marion.
Also, the following House bill with the recommendation -that it do pass by substitute, to wit:

A bill to make it unlawul or any person to fraudulently
&I hi

530

]OURNAL OF THE HOUSE.

wear the Confederate Cross of Honor, and for other purposes.

Also, the following Senate bills with the recommendation that they do not pass, to wit:

A bill to amend section 2412, volume 2 of the Code of 1895, so as to change the age at which a female may con~ tract marriage.

A bill to amend section 311 of the Penal Code, which provides punishment for persons who attempt to rescue those in legal custody on criminal process.

Also, the following House bill with the recommendation that the author be allowed to withdraw the same, to wit:

A bill to provide for the payment to the officers of the superior court, including justices of the peace and constables, who render services in such cases, their costs in all felony cases out of the proceeds 0 hire _of convicts, and for other purposes.

Also, the following House bills with the recommendation that they do not pass, to wit:

A bill to authorize municipal corporations, private corporations, partnerships and individuals, owning, operating or constructing any sewerage system in any incorporated city or town, to condemn rights of way, easements, and or other purposes.

A bill to amend section 2864 of the Code, which provides what may be clone by courts of chancery in vacation.

A bill to authorize street railroad companies to carry freight, and for other purposes.

TuESDAY, NOVEMBER 25, 1902.

531

I respectfully beg to state that the General Judiciary Committee has considered nearly all the House bills referred to it, except some of those introduced by members of the committee, which bills have been tabled in the absence of their authors.
Respectfully submitted, JoHN M. SLATON, Chairman.
On motion of :Mr. Calvin of Richmond, House bill No. 111 was taken from the table and 'l'estored to its place on the calendar.
By unanimous consent the author of House bill No. 141 was allowed to withdraw the same.
On motion of Mr. Conner of Bartow, House bill No. 12 was taken from the table and restored to its place on the calendar.
By unan.imous consent Mr. Edwards of Marion, was allowed to withdraw House bill No. 378.
The undersigned members of the Committeee on Educa tion, submitted the following minority report:

Mr. Speaker:
We, the subscribers, being members of the Committee on Education, submit the following minority report on bill No. 37, introduced by Mr. Houston of Fulton.
This same bill was introducel by Mr. Houston in the last General Assembly; and at the session of 1900 all parties interested were fully heard and elaborate arguments on . both sides were made. The Committee on Labor and Labor Statistics, of which Mr. Kilburn was then chairman, and

532

JOURNAL OF THE HOUSE.

Mr. Houston vice-chairman, recommended its passage, and a minority report was made by a large number of that committee, fully setting forth the reasons why the bill should not be passed. The measure was discussed fully before the General Assembly, and the bill was overwhelmingly defeated.
At the session of 1901 Mr. Houston and others again introduced bills of the same character, and they were also discussed, but the friends of these measures did not bring them to a vote at that session.
We do not see any necessity for tlw passage of any such laws, but think that the action at the last Legislature is wise, conservative, and to the best interests of the State of Georgia.
The present bill embraces all the :factories in the State, including saw mills, grist mills, canning factories, and all others, practically exempting farm labor alo~e :from its terms.
After another full hearing before the Committee on Education at this session, we. the subscribers, are convinced that there is no necessity for this legislation; that no reason exists for its passage, and that it is calculated to do great harm to the best interests and development of the State.
If it is not inspired, it is at least fed and fostered by the northern competitors of the southern mills, and is directly in their interests, who are the interested parties in having the law passed.

We are satisfied that if this bill becomes a law that it will commit the State of Georgia to an unwise and unsound policy, and result in other paternal and undesirable legis-

TuESDAY 1 NOVEMBER 25, 1902.

533

lation, in the shape of amendments and additions, which will ultimately embrace every interest in the State, including farm labor, as well.

The textile mills have adopted, and most stoutly assert before the committee that they are enforcing, in letter and in spirit, just and reasonable regulations on the subject, and we believe it is safer for the State to at least wait until it can be clearly shown that these efforts of the mill men themselves are a failure, before committing the State to any such unsound policy and course of legislation.

The past and present agitation of these questions has already retarded the development and building of mills in this State and in the South, and the enactment of any such laws as these will, in our opinion, further seriously do so, and will be the means of driving off large and desirable investments and developments.

The climatic conditions, the fact that we raise the cotton which we spin, and that the laborers in the mills are our own people, not foreigners, along with many other differences, to our minds are conclusive reasons why we do not need the same laws that has beer passed in New England and Great Britain.

We therefore beg to submit this, our minority report, against the passage of any such bill.

J NO. N. HoLDER, J. T. PEYTON,
P.M. HAWF.S,
B. 0. RoGERs,
M.D. WoMBLE,
J. T. HIXON,
NAT D. ARNOLD,

c. M. BQOTH,
w. H. YATES,
J. T. STEWART, CHAS. I.. DAVIS,. CHAs. I.. MosEs,
CLARENCE WILSON,

534

]OURNAI. OP THE HOUS&

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

By Mr. Reid of Campbell--
A resolution making House bill No. 272, known as the franehise tax bill, the special order for Tuesday, December 2, 1902, immediately after the confirmation of the Journal, and that two hundred copies of said bill and the substitute be printed for the use of the House.

By nnanimons consent. the following bills were read the first time and appropriately referred, to wit:

By J\fr. Butts of Glynn (by reqw-'st ) -
A bill to amend an Act to establish the city court of Brunswick, in the county of Glynn, and for other purposes.
Referred to General .Tudiciary Committee.

By Messrs. Howard and Hicks of Laurens-
A bill to repeal an Act to establish the city court of Dublin, in the county of Laurens, and for other purposes.

Referred to Special Judiciary Committee.
By Messrs. Hicks and Howard of Laurens-
Abill to amend section 813, volume 3 of the Code, which provides for the appointment of jury commissioners, and for other purposes.

TUESDAY, NOVEMBER 25, 1902.

535

Referred to Special Judiciary Committee. I
By Messrs. Howard and Hicks of Laurens-

A bill to incorporate the town of Dudley, in Laurens county, and for other purposes.

Referred to Committee on Corporations.

By Messrs. Howard and Hicks of Laurens-
A bill to create the city court of the city of Dublin, in and for the county of Laurens, and for other _purposes.
Referred to Special Judiciary Committee.

The following communication was received and read, to '\\'it:
Mr. John T. Boifeuillet, Clark of House or Representatives, .Atlanta, Ga.
DEAR SIR :-On Tuesday evening, the 25th inst., in the Hall o:f thl House of Representatives, at eight o'clock, will be held a public meeting in the interest of the child labor bill now pending in the House. Will you kindly extend to the mPmbers of the House an invitation to be present, an invitation which comes from the Central Executive Committee for the promotion of child labor legislation in Georgia, and also from the Georgia State Sociological Society.
Be good enough, also, to give the thanks of both organiza-

536

JOURNAL OF TBJ HOUSE.

tions to the Honse for its very kind permission to use the Hall for the purpose named.
I am very truly yours,
c. B. WILMER,
Secretary of the Executi,e Committe:!, and chairman of the Committee on Legislation of the Georgia State Sociological Society.

lfr. Conner, chairman of the Special Agriculture Committee, submitted the following report:

Mr. Speaker:

The Committee on Special Agriculture have had under consideration the following bills, which they instruct me, as their chairman, to report back to the House with the recommendation that they do pass as amended, to wit:

A. bill to protect fish in the streams and tide-waters of this State.

Respectfully submitted.

CoNNER, Chairman.

The following message was received from the Governor thorough Mr. Erwin, his Secretary:

Mr. Speake1:
The Governor has approved the following Acts of the General Assembly, to wit:
An Act to authorize the village of Summerville to issue not exceeding $25,000 of bonds for improving water-works and sewerage system.

TUESDAY, NOVEMBER 25, 1902.

537

.Also, an Act to amend section 982 of the Code, so as to add Hartwell, in Hart county.

Also, an Act to authorize the village of Summerville, in Hichmond county, to provide and maintain cemeteries within or without the limits of said village.
Also, an ~<\ct to amend the charter of the city of Dawspn, so as to reduce the salary of the mayor from five hunderd to three hunrlred dollars per annum.

Also, an Act to amend an Act approved August 28, 1~89, to incorporate the town of McRae, in Telfair county, and io grant certain po,vers and privileges to said town.

Also, au Act to amend the several Acts incorporating the city of Rome, and to amend the Act repealing the charter of South Rome.

Also, an Act to amend the charter of Bronwood, in Terrell COUllty.
Also, an Act to amend the charter of Sasser, in Terrell county.

The follqwing bill, which was made the special order for to-day, was read the third time and put upon its passage, to wit :
By l!{r. Blackburn of Fulton-

A bill to be entitled an Act to establish in each militia district of this State a police patrol, and for other purposes.

:Mr. Hall of Bibb, moved that the bill be indefinitely postponed, but before the motion could be put unanimous consent was given :Mr. Hall to withdraw the motion.

538

JOURNAL OF THE HOUSE.

On motion of l\Ir. Blackburn of Fulton, thl) bill wal!l tabled..

Tho :following resolutions were read, to wit:

By :Messrs. Holder of .Tackson and Houston of Fulton-
Resolved, That in the consideration of the cLild labor bill to-morrow, November 26th, the time consumed in discussing the same be equally divi<led between the advocates and. the opponents of the bill.
The above resolution was read and adopted.

By Mr. Fields of Dooly-
A resolution providing that beginning with Friday, November 28, the House meet at () o'clock a.m. and adjourn at 1 o'clock p.m.; meet at 3 o'clock p.m. and adjourn at 5 o'clock p.m.

On motion of 1\Ir. Hall of Bibb, the above resolution was referred to the Committee on Rules.

On motion of :Mr. Evans of \Vashington, the bill to amend an Act to establish the city court of Sandersville, which -..vas under discussion at the time of adjournment on yesterday, and which came up to-Jay under th~ head of unfinished business, was tabled.

'Mr. Shannon, chairman of the Committee on Counties and County :Jiatters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters have had under consideration the following bills, and instruct me, as their chairman, to report back the same with the recommendation that the same do pass, to wit:

TUESDAY, NOVEMBER 25, 1902.

639

A bill to establish a system of public schools in the town of Ashburn.
A bill to reincorporate the town of Sylvania, in the county of Screven.
A bill to incorporate the town of :Morgan, in the county Of Fannin.
Respectfully submitted. J NO. R. SHANNON, Chairman.
:Mr. Calvin, chairman of the Committee on General Agriculture, submitted the following report:

Mr. Speaker:

The Committee on General Agriculture have had under consideration House bill No. 2L which proposed to make the selling of seed cotton between certain dates each year a misdemeanor, and instructed me to report the same back to the House with a recommendation that it do not pass.

Also, House bill No. 196, which proposed to make it a misdemeanor for any person seeking employment from another, or to rent lands from another, or to crop for another, to state falsely that he is not under written contract" etc., and recommend that the same do not pass.

Also, House bill No. 288, which proposes to amend an Act approved December 17, 1901, which makes it unlawful for any person to employ, or contract with as tenant or cropper, any person under contract, etc., and n~om mend that the same do pass as amended.
Respectfully submitted.
MATRIN V. CALVIN, Chairman.

540

JOURNAL OF THE HOUSE.

!fr. J oues of Dougherty, chairman Committee on Banks and Banking, submitted the following report:

~llr. Speaker:
Your Committee on Banks and Banking have had under consideration Senate bill No. 48, by :Mr. Rountree of the 16th district, a bill to be entitled an Act to amend section 982 of volume 1 of the Code of Georgia of 1895, providing for the selection by the GoYernor of banks in certain cities therein named as State depositories, and the several Acts of the General Assembly amendatory thereof, so as to add the city of Swainesboro, Emanuel county to the list of said cities, and instructs me, as their chairman, to report the same back to the Honse with the recommendation that it do pass.
Respectfully submitted.
En. H. JONES, Chairman.
Mr. Jones of Dougherty, chairman of Committee on Banks and Banking, submitted the following report:

M,.. Speaker:

Your committee have had under consideration Hou~ bill No. 138, by :Mr. Owen of Pike, a bill to be entitled an Act to amend section 982 of volnme 1 of the Code of Georgia of 1895, so as to add the city of Barnesville, in Pike county, to the list of State depositories, and instruct me, af'l their chairman, to report the same back to the House with the recommendation that the same do nass:

Respectfully submitted.

En. R JONES, Chairman~

TUESDAY, NOVEMBER 25, 1902.

541

By unanimous consent the following bills were intre>o duced and read the .rst time, to wit:

By :Mr. Howard of Baldwin-

A bill to establis~ a dispensary in the city o Milledgeville, and for other purposes.

Referred to Committee on Counties and County Matters.

By ~Ir. Peyton of Habersham-

A bill to repeal an Act to es.tablish the city court of Clarkesville, and for other purposes.
Heferred to Oommitt~e on Counties and County Matters.

The following bills were read the third time and put upon their passage, to wit:

By :Mr. Dunbar of Richmond-

A bill to require persons seeking a writ of certiorari to correct the judgment of a recorder's or police court, to give bond, except under certain conditions, 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 89, nays 0.

The bill having received the requisite constitutional majority was passed.

By l\1r. Felder of Biob-

A bill to regulate the .ling and accepting of second

542

JoURNAL OF THE HOUSE.

claims under the claim laws of this State, and for other purposes.
On motion of :Mr. Felder, the above bill was tabled.
By Mr. Shannon of Monroe-

A bill to amend section 813, volume 3, providing for the appointment of jury commissioners.

Owing to the absence of the author the above bill was tabled.

By Mr. Johnson of Baker-

A bill to provide for the manner of disposing of misdemeanor cases in the several county courts of this State, andi for other purposes.

On motion of the author the bill just read was tabled.

By Mr. Hayes of Macon-

A bill to amend section 982 of the Code, relative to State depositories, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On pass~ge of the bill the ayes were 91, nays 0.

The bill having received the requisite constitutional majority was passed.

By l\Ir. Ha.wes of Elbert-

A bill to appropriate $20,000 to the Deaf and Dumb Asylum, for the purpose of erecting certain buildings.

TUESDAY1 NOVEMBER 25, 1902.

543:

An appropriation being involved in the bill the House resolved itself into a committee of the whole fot the purpose of considering the same, and the Speaker designated as chairman of said (,'Ommittee Mr. Holder of Jackson.

After a consideration of the bill the committee arose, and through their chairman, reported the same back to the House with the recom,mondation that it do pass as amended.

The committee proposed to amend by substituting "$11,500" for the words "$20,000" wherever the same occurs in the bill, which amendment was adopted.

On motion of :Mr. Hawes of Elbert, the bill was tabled.

By unanimous consent the following bill was read the

first time, to wit:



By 1Jr. Davis of Meriwether-

A bill to provide for the disbursement of pensions provided by law in this State, and for other purposes.

Referred to Committee on Pensions.

On motion of the author of House bills Nos. 79 and 80,.

the same were tabled.



The next bill for a third reading was

By Mr. Underwood of White-

A bill to amend section 187, volume 3 of the Code, relative to the imbezzling of funds by public officers, and for others purposes.

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

544

JOURNAl. OF THE HOUSL

On the passage of the bill Mr. Richardson called for the ayes and nays, which call was sustained, and on taking the ballot 'Viva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Akin, Alford, Almond, Arnold, Baldwin, Bell of Milton, Blackburn, Booth, Bower, Htinson, Buchan, Huchannon, Calvin, Cann, Carrington, Donner, Davis, Dozier, Duckett, Duggan. Dunbar, Evans, Felder, Fields, Flynt, l<'oster or Oconee, F'ussell, Gaulden, George, Grenade, Hall, Hardeman,

Harden,

Overstreet,

Hawes,

O'Qulnn.

Hayes,

Parker,

Hendry,

Paulk or Cotree,

Henry,

Paulk of Irwin,

Hicks,

Phillips of Quitman,

Hixon of C,uToll, l'roctor,

Holder,

Rankin;

Houston,

Hawls,

Howell,

Hedwine,

Hutcheson,

Reid,

.Johnson of Haker, Rice,

.Johnson of Clinch, Richard&on,

Johnson of Crawford,Rogers of Hall,

Kent,

Rogers of Mcintosh,

Kilburn,

Shacl;:elford,

Knight,

Slaton,

Knowles,

Stanford,

Lanier,

Steed of Carroll,

Leigh,

Stewart,

Lowe,

Stovall,

Mayson,

Strickland,

Miller or Hulloek, Thompson,

r.nns.

Underwood,

Mitcham,

Valentine,

Mizell,

Walker of Monroe,

McCurry, McElmurray, McHenry, McLain, Newton, Owen,

Walker of l'ierce, Welch, West, Whitley, Wise, 'Vooten, Yates,

Those voting in the negative were Messrs.-
Glenn,

TuESDAY, NovEMBER: 25, 1902.

545

Those not voting were Messrs.-

Adams, Alexander, Ayres, Beall, Beauchamp; Bell or }j]manuel, Bowen, Boykin, Brock,Brown, Bruce, Burton, Bush, Butts, Candler, Carr, Carswell, CUO:tt, Cook, Cromartie, Crumbly, Daves, Davison, Deal, Derrick, Edwards,

English,

McRae,

}j]nnls,

Nisbet,

!<'Ianigan,

Pate or Dooly,.

l<'oster or '!'owns, Pate or Gwlnnett,

l<'ranklln,

Peyton,

Grice,

Phillips or Jelrerson,

Grltlin,

Preston,

Hixon or ~umter, Rainey,

Howard or Baldwin, Ridley,

Howard or Laurens, Roper,

Jones of. Dougherty, Rountree,

Jones or Pick~ns,

~:landers,

Kelly,

Shannon,

Kendrick,

Singletary,

Lane,

Spence,

Lawrence,

Steed or Taylor,

Little,

Thurman,

Mann,

Tigner,

Maples,

Tracy,

~fartln.

Warren,

Miller of Muscogee, Watson,

Mitchell,

Wellborn,

Morton, .

Wilson,

Moses, Mulherin,

Womble, Mr. Speaker.

McBride,

By unanimous consent the verification of the roll-call was dispensed with.
On passage o the bill the ayes were 97, nays 1.

The bill having received the requisite constitutional majority was passed.

By :M:r. Gaulden of Brooks-
A bill to prohibit betting or selling o pools in this State, .and for other purposes.
35h j

546

JOURNAL OF TH~ HOUS:&.

On motion of Mr. Hall of Bibb, the bill was tabled.
By Mr. Grice of Pulaski-
A bill to increase the power of certain judges in this State sitting in vacation, and for other purposes.
On motion of }Ir. Grice of Pulaski, the bill was tabled.
By Mr. Underwood of White-
A bill to amend section 642, volume 3 of the Code, relative to the support of a bastard child, 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 95, nays 1.

The bill having received the requisite constitutional majority was passed.
By unanimous consent the following bills were introduced, read the first time and appropriately referred, to wit:

By Mr. Shackelford of Clark-
A bill to amend an Act to create a dispensary in the city of Atheus, and for other purposes.
Referred tu Committee on Corporations.

By :Mr. Conner 0f Bartow (by request)-
A hill to protect fish i~ the streams of Bartow county,. and for other purposes,.

WEDNESDAY, NOVEMBER 26, 1902.

547

Referred to Special Judiciary Committee.

By l\fr. Akin of Bartow-

A bill to authorize street and suburban railroad companies to condemn a common use and occupancy of tracks, an~ rights of way of other companies, and for other purposes.

Referred to Special Judiciary Committee.

By Mr. Dunbar of Richmond-
A bill to require executions to be recorded in the general execution docket in the county in which the land is located, and for oth~r purposes.

Before the bill could be disposed of the hour of adjournment arrived.
I.eave of absence was granted Messrs. Henry of M~lr ray, Carswell, Mann.

'l'he Speaker then ,announced the House adjourned until 9 o'clock to-morrow morning.

Atlanta, Georgia.
Wednesday, November 2t1, 1902.
The House met pursuant to adjournment at 9 o'clock a. m. this day; was called to order by the Speaker and opened with prayer by the Chaplain.

548

JOURNAL OF THE HOUS&

The roll was called and the following members answered to their names :

Akin, Alexander, Alford, Almond, Arnold, Baldwin, .Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth, How en, Bower, Boy kin, Brinson, Brock, Brown, Buchan, Huchannon, .Burton, Bush, Butts, Calvin, Candler, Carr, Carrington, Conner, Cook; Cromartie, Daves, Davis, Deal, Derrick, Dozier, Duggan, Dunbar, Edwards, English, Evans,

.I:'elder,

Miller of Muscogee,

Fields,

Mills,

Flanigan,

Mitcham,

Flynt, Foster

of

Oconee,

___ 1MMiiztcehlle, ll,

Fostet of Towns.

~loses,

Fussell,

l\1 ulherin,

Gaulden,

McBride,

George,

1\lcUurry,

Glenn,

l\lcl!.llmurray,

Grenade,

McHenry,

Grice,

McLain,

Hall,

Newton,

Harden,

Nisbet,

Hayes,

Owen,

Hawes,

Overstreet,

Hendry,

O'(,lulnn,

Hicks,

Parker,

Hixon of Uurroll, Pate of Gwlm.iett,

Hixon of Sumter, Paulk of Uotree,

Holder,

Paulk of Irwin,

Houston.

Peyton,

Howard or LaurPns, Phillips of Jetrerson,

Howell,

Phillips of Quitman,

Hutcheson,

Preston,

Johnson of Baker, Proctor,

.Johnson of Clinch, Rainey,

Johnson of Crawford,Ranl;:ln,

Jones of Dougherty, Rawls,

Kelly,

Redwine,

Kent,

Reid,

Kilburn,

Rice,

Knight,

J:lichardson,

Knowles,

Ridley,

Lanier,

Rogers of Mcintosh,

Leigh,

Roper,

Lowe,

Sanders,

Mayson,

Shackelford,

Miller of Bullock, Singletary,

WEDNESDAY, NOVEMBER 26, 1902.

049

Slaton, Stanford, Steed of Carroll, Steed of Taylor, Stewarc, Stovall, Strickland, Thompson,

Tigner,

West,

Tracy,

Whitley,

Underwood,

Wise,

Valentine.

Wilson,

Walker of Monroe, Womble,

Walker of Pierce, Wooten.

Warren,

Yates.

'Velch,

Mr. Speaker.

Those absent were Messrs.-

Adams, Ayres, He all, Bruce, Cann, Carswell, Cllatt, Crumbly, Davison, Duckett, Ennis, Franklin,

Grlmn,

Martin,

Hardeman,

Morton,

Henry,

:\IcHae.

Howard of Haldwln, Pate of Dooly,

Jones of Pickens, Rogers of Hall,

Kendrick,

Rountree,

Lane.

Shannon,

Lawrence,

Spence,

Little,

'l'hurman,

Mann,

Watson.

Maples,

Wellborn,

Mr. Flanigan reported that the ,Journal of yesterday had b6~n examined and found correct.
The .Journal was read and confirmed.
.M:r. Bush of :Miller, asked unanimous consent to withdraw HouAe bill No. 369 from the Special Judiciary Committee and refer it to the General Agricultural Committee.
There was objection.
Mr. "Bush of Miller, moved to withdraw the bill andrecommit it as aforeAaid, which motion prevailed.
The fellowing resolution was by unanimous consent introduced and read th~ first time, to wit:

550

JOURNAL OF THE HOUSlt.

By :Mr. Harden of Chatham-
A resolution to make an appropriation concerning Georgia representation in the Hall of Fame.

Referred to Special .Tudiciary Committee.
By unanimous consent the following bill was introduced, read the first time and referred to Special ,Judiciary Committee, to wit:

By :Mr. Glenn of Whitfield-

A bill to amend the charter of the city ofDalton.

Mr. Hawes, chairman of the Committee on Pensions, submitted the following report:

"Mr. Spealcer:

The Committee on Pensions have had under consider- ation the following bills and resolutions, and instruct me, as their chairman, to report the same back with the recommendation that they do pass:

By Mr. Slaton of Fulton-

A resolution to pay Mrs. R. W. I.aird a :R_ension, etc. Also the following, and recommend they do not pass: .

By :Mr. Candler of DeKalb-
A bill to authorize the payment of pension to T. H . .Tenkins.

WEDNESDAY, NOVEMBER 26, 1902.

551

Tiy Mr. :Morris of Cobb-

A resolution to pay pension of E. J. Simpson to his widow.

Tiy Mr. Fields of Dooly-

A resolution to pay pension money to Me). Felder, etc.

Respectfully submitted.

P.M. HAWES, Chairman.

The following message was received from the Senate, through Mr. N orthen, the Secretary thereof:

Mr. Speaker:

The Senate h~s passed by the requisite constitutional majority the following bill of the House, to wit:
A bill to repeal an A.ct providing for the payment of insolvent cost due the clerk of superior court and the sheriff of the county of Fayette.

Mr. Steed of Taylor, asked leave of absence for the Committee on Penitentiary for a few minutes, which leave was granted.

The following resolution and bills were introduced, read the first time and appropriately referred, to wit:

By Mr. Johnson of Baker-
A resolution to pay tl1e pension of B. G. Smith, of .Baker county, to his administrator.
Referred to Committee on Pensions.

552

JOURNAl. OF THJC HOUSJC.

By ::L\Ir. Wooten of Montgomery-

A bill to incorporate the city of Vidalia.

Referred to Special Judiciary Committee.

By :Mr. Shannon of Monroe--

A bill to provide for the testing of illuminating oils.

Referred to Committee on General Agriculture.

By }.fr. Overstreet of Screven-

A bill to establish a system of public schools for theSylvania school district.
Referred to Committee on Counties and Cou~ty Matters.

Mr. Davis, chainnan of the Committee on Appripriations, submitted the following report, to wit:

Mr. Speaker:
The Committee on Appropriations have had under consideration House resolution No. 47, and have directed me, the chainnan, to report the same back to the House with the recommendation that the same do not pass.
Also, that resolution No. 65 do pass. Also, that resolution No. 80 do not pass. Also, that House bill No. 172 do not pass. Also, that House bill No. 190 do pass. Also, that House bill No. 193 do pass.
Respectfully submitted. C.tus. L. DAVIS, Chairman.

WEDNESDAY, NOVEMBER 26, 1902.

553

The following bills were withdrawn from the Special Judiciary Committee, read the second time and recommitted, to wit:

By Messrs. Howard and Hicks of LaurensA bill to repeal an Act creating the city court of Dublin.
By Messrs. Howard and Hicks of Laurens-

A bill to establish a new city court in the city of Dublin: in the county of Laurens.

By unanimous consent the following bill was intrtl duced, read the first time and referred to the Special Judiciary Committee, to wit:
By ::M:r. Proctor of Camden-
A bill to prohibit the building or use of unlawful fences in the county of Camden.
. Referred to Committee on General Agriculture.
By Mr. Walker of Pierce-
A bill to amend section 526 of volume 1 of the Code.
Referred to General Judiciary Committee.

By Mr. Walker of Pierce-
A bill to prohibit shooting of fish in this State in certain seasons.
Referred to General Judiciary Committee.

-554

JOURNAL OF THE HOUSE.

By :Mr. Overstreet of Screven-

A bill to establish the city court of Sylvania. Referred to Committee on Counties and County :Matters.

:Mr. :Flynt, chairman of Committee on Special Judi~:inry, submitted the following report:

M1-. Speaker:
Your committee having had under considerati.m the following House bills, instruct me, as their chairman, to report them to the House with the recommendation that the same do pass :
By Mr. Kelly of Glascock-
A bill to repeal an Act entitled an Act to create an advisory board of commissioners for the counties of Laurens and Glascock, etc.

By Mr. Howard of Baldwin-
A bill requiring that the ordinary shall attest and approve official bonds in the several counties of this State.
I am instructed to report the following House bills back with the recommendation that the same do not pass:

By Mr. Kent of Johnson-
A bill to prevent the sale, or other disposition, of deadly weapons in this State without the written permit of the <lrdinary.

WEDNESDAY, NOVEMBER 26, 1902.

555

By :Mr. :Fields of Dooly-
A bill to require bond or costs paid before warrants can issue, if same is required by issuing officer.
By l1r. Rawls of Effingham-
A bill to amend section 2321, volume 2 of the Code of 1895, relating to damages to stock by running trains.

By :l\Ir. Watson of :McDuffie-
A hill to provide for the payment of the insolvent costs of the eonstables, justices of the peace and notaries public .of 1fcDuft1o county in misdemeanor cases.

By Mr. Thunnan of Walker-

A bill to repeal the registration law of this State.
I am instructed to report the following Senate bills hack to the House with the recommendation that the same do pass: By 1fr. Perry of the 33d district-
A bill to repeal an Act entitled an Act to establish a city Court in the county of Hall, and to provide for the appointment of a judge and a solicitor thereof, approved August 14-, 1891, and all Acts amendatory thereof.
By Mr. Snead of the 29th district-
A bill to increase the number of terms of th,:, superior courts of Richmond count.y.
By :Mr. Snead of the 29th districtA bill to amend section 4314 of the Code of Georgia of

556

JOURNAL OF TBB HoUSJC.

1895, so as to remove the restrictions of holding only two terms of the superior courts in the several counties of the State.

By :Mr. Sweat of the 5th district-

A bill to make penal the adultnation of, when intended for sale, and the sale, or offering for sale, spirits of turpentine when so adulterated.

By Mr. Ledford of the 40th district-

A bill to change the time of holding superior courts of l;nion county in the Northeastern Circuit.

Respectfully submitted.

J. J. FLYNT, Chairman.

The following resolution was introduced1 read and adopted, to wit:
By J\1r. Evans of Was~ington-
A resolution congratulating the lion. Geo. H. Carswell on his marriage which occurs to-day, and directing the Clerk of the House to send to Mr. Carswell a congratulatory telegram.
Mr. Hall of Bibb, moved to table the special order for this hour, to wit, the bill by Mr. Houston of Fulton, known as the child labor bill, which motion prevailed.
:Mr. Holder, chairman of the Committee on Education,_ submitted the following report:
Mr. Spea'h~e1:
The Committee on Education have had under consider-

WEDNESDAY, NOVEMBER 26,;_1902.

557

ation House resolution No. 63, by Mr. West Of Lowndes

and :Mr. Mitchell of Thomas, providing for a commission

to investigate the feasibility of State uniformity of text-

books for the public schools, and I am i.nstructed, as chair-

man, to report said resolution back with the recommenda-

tion that it do pass by substitute.



Respectfully submitted.

JoHN N. HoLDER, Chairman.

Under the head of unfinished business the following bill, which was on yesterday read the third time, was .again considered, to wit:
By :Mr. Dunbar of Richmond__;_
A bill to require executions to be recorded in the county where the land lies in order to make such executions a prior lien as against certain third parties.
On motion of l\1:r. Dunbar of Richmond, the bill was tabled.
The following bills were read the third time and put upon their passage, to wit:
By Mr. Calvin of Richmond-
A bill to. abolish the days of grace referred to in section 3680 of volume 2 of the Code.
On motion of Mr. Calvin of Richmond, the bill was tabled.
By l\lr. Calvin of Richmond-
.A. bill to authorize certain cities to lay out and main-

558

]OURNAL OF THE HOUSE.

tain boulevards, drive-ways, parks and park-ways, and for other purposes.

On motion of )fr. Calvin the bill was tabled.

By 1fr. Wellborn of 1Jnion-
A bill to provide that no person owning more than one thousand dollars of property, or earning a larger income than three hundred dollars per annum, shall draw a pension, and for other purposes.
On motion of :Mr. Hawes of Elbert, the bill was tabled.

By Mr. Fields of Dooly-

A bill to make it unlawful for any landlord, without good cause, to discharge certain employees, and for other purposes.
On motion of :Mr. Knight of Berrien, this bill wa,a tabled.

By Messrs. Steed and Hixon of Carroll-
A bill to extend the corporate limits of the city of Carrollton, and for other purposes.

The committee offered the following amendment:
Amend section 2 by adding the following proviso: "Provided that lots 17, 18 and 19 in said block shall be excluded from the operation of this Act."
The amendment was adopted.
The report of the committee, which was favorable tc;> the passage of the bill, was agreed to.

WEDNESDA,Y, NOVEMBER 26, 1902.

559>

On passage of the bill the ayes were 104, nays 0.

The bill having received the requisite constitutional majfrity was passed as amended.

By Mr. Davison of Greene-

A bill to amend the Act creating the county court for several counties, so far as the same applies t,o the county of Greene.

The following amendment was offered by the committee:

To amend by inserting "1904" instead of "1903" where it appears in section one of this bill.

The report of the committee, which was favor9-ble to the passage of the bill as amended, was agreed to.
On the passage of the bill the vote was as follows: ayes DO, nays 0.

The bill having received the requisite constitutional majority was passed as amended.

By Messrs. McHenry, Ennis and Knowles-

A bill to require all prison-made goods to be labeled "prison-made," and for other purposes.
The following amendments were offered by the committee:

To amend by inserting between the words "shall be," in -the fourth line of section une, the words "wherever practicable."
Also, to amend by striking out all of section one, after

560

JOURNAL OF THE HOUSE.

the word "seen," in the fourth line of said section, and substituting therefor "before said goods shall be offered for sade or sold by any person, firm or corporation in the State."

Also, by inserting between the words "shall violate," of section two, the word "knowingly."

The report of the committee, which was favorable to the passage of the bill as amended, was adopted.

On passage of the bill the ayes were 89, nays 4.

The bill having received the requisite constitutional majority was passed as amended.

By ~'vir. Walker of Monroe-
A bill to provide for the payment of fees of officers of -court, including justices of the peace and constables, and for other purposes.
On motion of lfr. Beauchamp of Butts, the bill was tabled.
By 2\fr. Booth of Walton-

A bill to prescribe the qualifications of jurors in the superior courts, county courts, and for other purposes.

The substitute offered by the committee was adopted.

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

On motion of 111:1'. Booth of Walton, the bill was tabled.

WEDNESDAY, NOVEMBER 26, 1902.

561

By Mr. Owen of Pike-

A bill to amend section 982 of the Code, so as to add the city of Barnesville to the list of State depositories.
1'he report of the comm~ttee, which was favorable to the pa~sage of the bill was agreed to.

011 passage of the bill the ayes were 91, nays 0.

The bill having received the requisite constitutional majority was passed.
By unanimous consent the following resolution was introduced and ordered to lay on the table for one day.
By M:r. Carrington of Madison-

A resolution providing that no per diem be allowed members when they are not present.
The following resolution was read .and adopted:

By }fr. Steed of Taylor-

Resolved, That 200 copies of House bill No. 313 be printed.

The following .resolution was read and ordered to lay <>ver for one day.

By Mr. Calvin of Richmond-

A resolution to provide for the appointment of a joint committee to visit the University of Georgia on the oc .casion of the annual commencement in J nne, Hl03.
3Sh j

562

JOtJK.N.U.. OP TD HO'Os:&.

The followinl! resolution was read and t-!lbled:

By Mr. Knight of Berrien-
A resolution providing for the Clerk of the House ro
furnish the press with names of members who are absent without providential hindranCe.

The following bill was introduced by unanimous consent, read the first time and appropriately referred, to wit:

By Mr. Newton of Colquitt-

A bill to amend an Act to establish the city court of Moultrie.

Referred to Special .Tudieiary Committee.

The following resolutions were read and referred to the Committee on Rules:

By Mr. Reid of Campbell-

Resolved, That House resolution No. 48, and House bill :Xo. 217, be made special order for Friday, November 28,_ to follow the general appropriation bill, subject to precedence of the general tax Act.

By ~fr. Hall of Bibb-
Resolved, That House bill No. 186 be made the special order for Tuesday, December 2d, immediately after House bill No. 272.

By :Mr. Howell of Meriwether-
Resolved, That House bill X o. 1!)8 be made ~pecial order for Tuesday immediately after reading of the Journal.

WEDNESDAY, NOVEMBER 26, 1902.

563

The following bills were read the third time and put upon their passage :

By 1\fr. Rankin of Gordon-
A bill to provide when land has been sold for a failure to return and pay the taxes thereon, that suit shall be brought, and for other purposes.
On motion of Mr. Rankin the bill was tabled.

By Mr. Underwood of White-
A bill to amend section 114, volume 3 of the Code of 1895.
On motion of Mr. Underwood the bill was tabled.

The undersigned members of the commission appointed to select two eminent Georgians to be placed in the Statuary Hall at WaslJington, submitted the following report, and the same was ordered spread upon the Journal, to wit:
Atlanta, Ga., November 18, 1902.
To the General Assembly:
A~ a foPmer session of your honorable body u commis sion was appointed consisting of Messrs. F. G. dnl)ignon, Columbus Heard, E. B. Gresham, John Allen, A. L. Hull, L. G. Hardeman, H. P. Bell, J. B. Park, C. C. Houston, Clark Howell, George Hillyer, John J,ittle, William Harden, Spencer Atkinson, A. L. Miller, charged with the duty of selecting the names a:nd making investigation and needed recommendation as to the best available means of placing in Statuary Hall at Washington City, the statues of two representatives, deceased Georgians, as provided under an Act of Congress.

564

jOURNAL OF THE HOUSJ.

That committee met in January last and organized by the election of Hfm. Columbus Hoard, president, and :;\fadison Bell, seeretary. At the first meeting measures were set on foot for obtaining the necessary data and information. Two regular sessions of the committee have been held since that time. Tho last one, quite recent, in this city, since the present session of your honorable body began. There wa" some difference of opinion as to one of the names proposed; but with practical unanimity the <'Omrnission finally selected and authorized the recommendation of Dr. Crawford \V. Long, the discoverer of anesthesia, and lion. Alex. H. Stephens, the eminent patriot and statesman, as the two persons whose statues should bt'l ereded in the National Hall above mentioned.
Your committee have been informed that tho medical profession has Bot on foot a movement under which approximately, fifteen hundred dollars has been realized or confidently expected to be paid towards the expenBe of the statue of Dr. T.ong. Besides this we know of no resource, and can suggest none, as ways and nieans for erecting the two statues. The fund above named would probably pay less than one fourth of the cost of me of the statues. Your committee are of the opinion that the sum raised by the medical profession, whatever it may be, should be covered into the treasury of the State; and that the manly, dignified and appropriate course would be fm the State herself, as her sister States have done and with a pride in herself and her sons not surpassed by theirs, to purchase, own and place the statues in Statuary Hall at the National Capitol; the State retaining the title would meet any objection under the State Constitution, prohibiting a donation.
we are aware that money raised by taxation is limited, under the Constitution, as to the uses to which it may be

WEDNESDAY, NOVEMBER. 26, 1902.

565

applied, but we submit that it would be entirely constitutional and legal for the State to appropriate the necessary funds to be paid out of the property and assets owned by the State, other than that arising from taxation.. We instance as obviously appropriate and suggestive for this purpose the income which the State annually receives from the stock held by it in the Georgia Railroad and Banking Company.

:From inquiry made by us, we are of the opinion that both of the statues can be erected in highly creditable style and taste for the sum of twelve to fifteen thousand dollars.
It is therefore recommended that an item be inserted in the general appropriation bill authorizing the expenditure, un"der the direction of his Excellency, the Governor, of not exceeding the sum of fifteen thousand dollars for the purpose indicated.
At the last meeting of the commission, the undersigned were appointed a special committee, and charged with the duty of making this report and submitting the recommendation of the commission in the form, here contained, to your honorable body; and we have the honor to be, with great respect,
GEORGE HILLYER, Chairman. F. G. DuBIGNON, C. C. HousToN,
'vM. HARDEN,
L. G. HARDEMAN' CLARK HowELL. MADISON BELL, Secretary,

1\fr. Steed of Taylor, chairman of the Committee on Penitentiary, submitted the following report:

566

JOURNAl. OF THE HOUSlt.

Mr. Speakm:

The Committee on Penitentiary have had under consideration House bill No. :H3, to amend the Act approved December 21, 1897, being an Act to create a prison commission, and for other purposes, and I am instructed to report the same back, as chairman, with the recommendation that the same do pass.
Respectfully submitted.
WALTER E. STEED, Chairman.

:Mr. Steed of Taylor, moved to print 200 copies of
Honse bill No. :n3, which motion prevailed.
~1r. Reid af Campbell, moved to print 200 coptes of bill No. 17!), which motion prevailed.
J.\fr. Reid, chairman of the Committee on Ways and }feam, submitted the following report:

Mr. Speaker:
Your Committee on ways and Means have had under consideration the following bills, which they in11truct me to report back to the House with the recommendation that the same do pass as amended, to wit:

By Mr. Reid of Campbell'-
A bill to be entitled an Act to levy and collect a tax for the support of the State government and the public institutions, education, etc.

By Mr. lleid of CampbellA bill entitled an Act to require certain corporations to

WEDNESDAY, NOVEMBER 26, 1902.

567

file and record their charters, amendments to charters, and their authoritv for and corporate action increasing their capital stock, in the office of the Secretary of State, to pay a charter tax, and for other purposes.

They also recommend that 200 copies of bill No. 179 (the general tax Act), be printed for use of the House.
Respectfully submitted, C. S. REm, Chairman.

Leave of absence was granted the following: Messrs.

Walker, Alford until Monday; Burton for Friday and

Saturday; Grice for Friday and Saturday; Hayes for

Friday and Saturday; Richardson for Friday and Satur-

day; Paulk of Coffee, for Friday and. Saturday; Daves

for Frida,y and Saturday; Womble for Friday and Satur-

day.



Mr. Hawes moved to adjourn until Friday morning at 10 o'clock.

Mr. Hall of Bibb, moved as a substitute that the House adjourn until Friday morning ,at 9 o'clock.

l1r. Hawes withdrew his motion, and the motion of Mr. Hall prevaileJ, and the House adjourned until Friday morning at 9 o'clock.

568

JOURNAL OP THE HOUS&

Atlanta, Georgia, Friday, November 28, 1902.

The House met pursuant to adjournment at 9 o'clock a.m. this day; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called and the following members answered to their names:

Adams, Akin, Alexander, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell of l!Jmanuel, Bell of Milton, Blackburn, Booth, Bowen, Bower, Boykin, Brinson, Brock, Brown, Bruce, Buchan, Buchannon, Bush, Butts, Calvin, Candler,

Cann, Carr, Carrington, Carswell, Cllatt, Conner, Cook, uromartle, Crumbly, Davis, Davison, Deal, Derrick, Dozier, Duckett, Duggan, Dunbar, English, Ennis, Evans, l''elder, l<'ields, Flanigan, Flynt, Foster of Oconee, Foster of '!'owns,

Fran kiln, Fussell, Gaulden, George, Glenn. Grenade, Grittln, Hall, Hardeman, Harden, Hawes, Hendry, Hicks, Hixon of Carroll, Hixon of !Sumter, Holder, Houston, Howard of Baldwin, Howard of Laurens, Howell, Hutcheson, Johnson of Baker, Johnson of Clinch, Johnson of Crawford, Jones of Dougherty, Jones of l'ickens,

FRIDAY:, NOVEMBER 28, 1902.

569

Kelly, Kendrick, Kent, Kilburn, Knight, Knowles, Lane, Lanier, Lawrence, Leigh,
Little, Lowe, Mat'tln., Mayson, Miller of Bullock, Mfner or Muscogee, Mills, Mitcham, Mitchell, Mizell, Moses, Mulherin, McBride, McCurry, McElmurray,

McHenry,

Shackelford,

McLain,

Shannon,

Newton,

Singletary,

Nisbet,

Slaton,

Owen,

Spence,

Overstreet,

Steed of Carroll,

Parker,

Steed of 'l'aylor.

Pate or Dooly,

Stewart,

Paulk or Irwin,

Stovall,

Peyton,

Strickland,

Phillips or Jerrerson, Thompson,

Phillips of Quitman, Thurman,

Preston,

Tracy,

Proctor,

Valentine,

Rankin,

Underwood,

Hawls,

Walker of Monroe.

Redwine,

'Varren,

Held,

Welch,

Hlce,

'Vellborn,

Ridley,

West,

Rogers of Rogers of Roper, Rountree, Sanders,

Hall, Mcintosh,

Whitley, Wise, Wooten, Yates, 1\lr. Speaker.

Those absent were Messrs.-

Alforll, Burton, Daves, Edwards, Grice, Hayes, Henry, Mann,

Maples, Morton, McRae, O'Quinn, Pate of Gwlnnett, Paulk or Oorree, Rainey,

Richardson, Stanford, Tigner, 'Yalker of Pierce, Watson, Wilson, Womble,

Mr. Franklin o Washington, arose in his seat and asked that tl1e fo1lowing gentlemen who were absent without leave on Tuesday and Wednesday of this week who composed the special committee to visit and investigate the State Sanitarium at Milledgeville, be granted leav&

-570

JOUllNAI, OP TBB HOUSB.

of absence for said days, to wit: Mr. Franklin, chairman; J\fr. Howell, vice-chairman; :Messrs. Shannon, Pickens, Maples, Cliatt, Adams, :Martin, Bruce, Beall, Pate of Dooly, Grifiin, Sanders, Davidson, Spence, Carswell, Watson, Thurman, Kendrick, :Mulherin, Little, Rountree and Pate of Gwinnett.
The leave of absence asked for was granted.
:Mr. Bush of :Miller, gave notice that at the proper time he wonld move to reconsider the action of the House in passing, on Wednesday, House bill No. 124.
By unanimous consent :Mr. Adams, chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker:
The Committee on Temperance having had under consideration the following bill, report same back to the House with the recommendation that it do pass as amended, to wit:

By Mr. Steed of Taylor-
A bill to establish one or more dispensaries m Taylor 'County.
ReRpectfully s11bmitted. GEo. \V. AnA~fs, Chairman.
By unanimous consent the following bills were read the nrst time and appropriately referred, to wit:
By :l\Ir. Hall of Bibb-
A bill to amend an Act to incorporate the Fairburn Banking Company, and for other purposes.

FRIDAY, NOVEMBER 2~, 1902.

571

Refer:ed to Committee on Banks a.nd Banking.

l3y 1\fr. Steed of Carroll-

A hili to abolish the office of county school commissioner :and board of education of the several counties of this State and empower the ordinary to discharge their duties, and ior other purposes.

lWferred to Committee on Counties and County }[atters.

The following hill, which was made the special order for this hour, was taken up, read the third time and put upon it passage, to wit:

By }fr. Davis of :Meriwether-

A bill to make appropriation for the ordinary expenset of the executive, judicial and legislative departments of the State government; for the payment of the public debt, and for other purposes.

An appropriation being involYed in the bill the House resolved itsplf into a committe of the whole for the purpose ()f considering the same, and the Speaker designated as -chairman of the committee, Mr. Slaton of Fulton.

After a consideration of the bill the committee arose, reported progress and asked leave to sit again.
The following message was received from the Senate through :Mr. ~orthcn, the Secretary thereof:

Jfr. Speal.er:
The Senate has passed by the requisite constitutinal rnamajority the following bills of the Senate, to wit:

572

JOURNAl. OF THE HousE.

A bill to be entitled an Act to incorporate the town of :Merrillville, in the county of Thomas; to define the corporate limits thereof.

A bill to amend the charter of the city of Thomasville, so as to provide Jor the election of certain officers, and for other purposes.

A bill to amend section 982 of volume 1 of th.) Code of Georgia of 1895, for the selection by the Governor of banks in certain cities, named as depositories, and to add the city of Pelham, in )fitchell county, Georgia, to the list of such cities.

Also, a resolution directing that the assessment on all taxable property of this State for each of the fiscal years of Hl02 and 190!3, shall not exceed five mills for all purposes.

The Senate has also passed the following bill of the House, to wit:

A bill to repeal au Act entitled an Act to establish a dispensary in the city of \Vashington, Wilkes county, Georgia, and to establish and perpetuate a board ot commis:_ sioneri! for the management of said dispensary, and for other purposes.

A bill to repeal an Act entitled an Act to e~tablish a county court for Butts county; to provide for a judge and solicitor of said court; to fix the salary of each, and for other purposes.

Mr. Howard of .Baldwin, then moved that the House adjourn to meet again at 3 o'clock p.m., which motion prevailed and the Speaker announced the House adjourned until the above named hour.

FRIDAY, NOVJ:!;MBER 28, 1902.

573

3 O'clock p.m.
The Honse reconvened at this hour and was again called to order by the Speaker.
On motion of Mr. Flynt of Spalding, the roll-call was dispensed with.
The general aprropriation bill, on which the committee reported progress at the close of this morning's session, and asked leave to sit again, was again taken U!' for further consideration, and the House resolved itself into a committee of the whole for this purpose. The Speaker again designated as chairman, Mr. Slaton of Fulton.
After a consideration of the bill the committee arose :and reported the following resolution back to the House with the recommendation that it be adopted by the House, to wit:
By Mr. Felder of Bibb-
A resolution limiting debate on the general appropriation bill while the House is in a committee of the whole, to ten minutes to each speaker.
The resolution was adopted.
The House again went into a committee of the whole., and Mr. Slaton took the chair.
After a consideration of the bill the committee arose, and through their chairman, reported progress and asked leave to sit again.
On motion of Mr. Calvin of Richmond, the House adjourned until to-morrow morning at 9 o'clock.

574

jOURNAL OF THE HOUSE.

J..eave o absence was granted to Messrs. Beall of Paulding, O'Quinn, Knight, :Maples, Derrick, Tigner and Foster o Towns.

The Speaker then announced the Honse adjourned un- til {) o'clock to-morrow.

Atlanta, Georgia.

Saturday, X oYember 29, 1902.

The House met pursuant to adjournment at 9 o'clock a.m. this day; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called and the following members answered to their names :

Adams, Altln, Alexander, Alford, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Bowen,

Bower, Boykln, Brinson, Brock, Brown, Bruce, Buchan, Buchannon, Burton, Bush, Butts, Calvin, Candler, Cann, Carr,

Ca rrlngton, Carswell, Cllatt, Conner, Cook, Cromartie, Crumbly, Daves, Davis, Davison, Deal, Dozier, Duckett, Duggan, Dunbar,

SATURDAY, NOY.EMB.ER 29, 1902.

676.

Engllsb,

Klllmm,

Rawls,

Ennis,

Knowles,

Hedwlne,

l!lvans,

Lane,

Reid,

Felder,

Lanier,

lUce,

.b'lelds, J.i'lanigan,

Lawrence, Leigh,

Hldley, Hogers of Hall,

lflynt,

. Little,

Rogers of Mcintosh,.

l'oster of Oconee, Lowe,

Hoper,

l'oster of '!'owns, Martin,

Hountree,

l<'ranklln,

Mayson,

Sanders,

l<'ilsseU,

Miller of Bullock, Shackelford,

Ua ulden,

Miller or Muscogee, Shannon,

Ueorge,

M:!lls,

Singletary,

Grenade,

Mitcham,

Slaton,

Grlt:l1n,

Mizell,

Spence,

Hall,

Moses,

Stanford,

Hardeman,_

Mulherin,

Steed of Carroll,

Harden,.

:McBride,

Steed of 'l'aylot,

Hawes,

::\IcCurry,

Stewart,

Hayes,

McElmurtay,

Stovall,

Hendry,

l\IcHenry,

Strickland,

Hicks,

McLain,

Thompson,

Hixon of Carroll, Newton,

Thurman,

Hixon of Sumter, Nisbet,

Tracy,

Holder,

<)wen,

Underwood,

Houston,

Overstreet,

Valentine,

Howard of Baldwin, Parker,

\Valker of Monroe,.

Howard of Laurens, Pate of Dooly,

\Valker of Pierce,

Howell,

Paulk of Irwin,

welch,

Hutcheson,

Peyton,

Wellborn,

Johnson of Clinch, Ph!llips of J etrerson, West,

Johnson of Crawford, Phillips of Quitman, Whit!E>y,

Jones of Dougherty, Preston,

Wise,

.Jones of Pickens, Proctor,

\Vooten,

Kelly, l{endrick,

Rainey, Rankin,

Yates. Mr. Speaker.

Kent,

Those absent were Messrs.-

Derrick, Edwards, Ulenn,

Grice, Henry, Johnson of Baker,

Knight, Mann, Maples,

.576
Mitchell, Morton, MrHae, O'Quinn,

]OU.RNAL OF THB Hous:a.

Pate or Gwinnett, Paulk or Uorree, Richardson, Tigner,

\Varren, \Vatson, Wilson, Womble,

l\fr. Flanigan reported that the Journal of yesterday's proceedings had been examined and found correct.
On motion of Mr. Lane of Sumter, the reading of the .Tournal was dispensed with.
:Mr. Davis moved that when the House should go into a committee of the whole for a further consideration of the general appropriation bill, debates be limited to five minutes to each speaker.
:Mr. Conner of Bartow, moved to amend the motion by limiting debates to three minutes, which amendment was lost.
The motion of :Mr. Davis was then put to the House and -carried.
The House again resolved itself into a committee of th(! whole for a further consideration of the general approprintion bill, which was brought over as unfinished business from yesterday's session, and the Speaker designated Mr. Slaton of Fulton, as chairman.
After a consideration of the bill the committee arose, and through their chairman, reported the following resolution to the House with the recommendation that it be :adopted:
The resolution was as follows:

SATURDAY, NoVEMBER 29, 1902.

577

By Mr. Dunbar of Richmond-
A resolution limiting debate in the committee of the whole on any one item to thirty minutes.

Mr. Reid of Campbell, called for the previous question, which call was sustained.
The resolution was then put to the House and the same was adopted.
The House again resolved itself into a committee of the whole, and Mr. Slaton of Fulton took the chair.

.After a consideration of the bill the committee arose, and through their chairman reported progress &nd asked leave to sit again.
Mr. Morris, chairman ex officio of the Committee on Rules, submitted the following report:

J"lf.r. Speaker:
The Committee on Rules have had under consideration House resolution No. 90; also House resolution No. 103, and recommend that the same do pass as amended.
The committee has also had under consideration House resolution No. 92, and recommend the same do pass.
Respectfully submitted. N. A. MoRRIS) Chainnan ex officio.

The following resolutions, which were favorably reported by the Committee on Rules, were read, to wit:
37 h j

578

}OURNAL OF THE HOUSE.

By Mr. Reid of Campbell-

A resolution to make House resolution No. 48, which authorizes the Governor to borrow $200,000, and Housebill No. 217, to pay off and retire certain bonds, the special order for Friday, November 28th, to follow the appropriation bill and subject to precedence of the general tax act.

The committee proposed to amend by striking certain words and inserting in lieu thereof the words "to immediately follow the general tax Act."

The amendment was adopted.

By Mr. Fields of Dooly-

A resolution providing for two session per day beginning with Monday, December 1, 1902, to meet at 9 a.m. and adjourn at 1 p.m.; meet again at 3 p.m. and adjourn at 5 p.m.

The resolution was adopted.

By Mr. Reid of Campbell-
A resolution making House bill No. 272, known as the. franchise tax bill, the special order for December 2d, immediately after the reading of the .Journal, and subject to the general appropriation bill and the general tax Act, and that 200 copies of said bill be printed.
The committee proposed to amend by striking out "December 2d," and inserting "Monday, December 1,"

Amend further by adding the following: "And if the general appropriation bill is not disposed of at that timer bill No 272 shall be special order after the general appropriation bill is disposed of."

SATURDAY, NOVEMBER 29, 190~.

579

The resolution was adopted as amended.

On motion of Mr. Franklin of Washington, the House adjourned until 3 o'clock this afternoon.

3 O'clock p.m.
The House reconvened at this hour and was called to order by the Speaker.
On motion of Mr. Candler of DeKalb, the roll-call was dispensed with.
At the request of Mr. Wellborn of Union, House bill No. 112 was taken from the table and placed on the calendar.
By unanimous consent the following bill was read the second time, to wit:
By Mr. Reid of Campbell-
A bill to amend section 767, volume 1 of the Code, relative to the taxation of spe~ial franchises.
Mr. Slaton, chairman of the Committee on Genei"al Judiciary, submitted the following report:
Mr. Speaker:
The Committee on General Judiciary have had under consideration the following House bill, which I am instnwted, as chairman, to report back with the recommendation that it be read the second time, and recommitteed to this committee, to wit:

580

JOURNAL OF THE HOUSE.

A bill to require railroad companies and other carriers to equip their flat cars with certain necessary appliances.

The committee have also had under consideration the following House bills, which I am instructed, as C'hairman, to report back with the recommendation that tho same do pass, to wit:

A bill to repeal se<'.tion 5331 of the Code of Georgia, and to re::;tore the right of trial by jury, and for other purposes.

A bill to amend section 4334 of the Code of Georgia.

A hill to prohibit the Rhooting of fish in this State in spawning or bedding season, and for other purposes.
A bill to reduce the salary of the judge of the city court of Elberton.

Also, the follmYing House bill, with the recommendation that it do pass by substitute, to wit:
A bill to amend section 220 of the Criminal Code, relative to trespassing.
Respectfuily submitted. JoHN J\L SLATON, Chairman.

J\Ir. Shannon, chairman of the Committee on Counties and County ~Iatters, submitted the following report:

jJfr. Spealcer:
Your Committee on Counties and County :Matters have had under consideration the following bills, and instruct me, as their chairman, to report hack the same with the recommendation that the same do pass, to wit:

SATURDAY, NOVEMBER 29, 1902.

581

A bill to amend an Act creating a county court of Berrien county.

They have also had under consideration the following bill, and instruct me, as their chairman, to recommend that the same do not pass, to wit:

A bill to change the manner of paying tax-receivers, and for other purposes.
Hespectfully submitted. ;J.No. H. SnANNON, Chairman.

:Mr. :Mitcham, vice-chairman of the Committee on Counties and County :Matters, submitted the following report:
Mr. Speaker:
The Committee on Counties and County :Matters have had under consideration the following bills, and recommend that same do pass, to wit:
A bill to be entitled an Act to establish a system of public schools for Sylvania school district, and for other purposes.
A hill to he entitled an Act to repeal an Act to establish a c.ity court of Clarkesville, in Habersham county, and for other purposes.
A hili to be entitled an Act to establish city court o Sylvania, in and for the county of Screven, and for other purposes.
A bill to be entitled an Act to authorize the mayor and

582

JOURNAL OF THE Hous&

councilmen of \-Yashington, Geirgia, ro sell certain real es-
tate belonging to said city.

Respectfully submitted, MITCHAM, Vice-Chairman.

Mr. Conner, chairman of the Committee on Special Agriculture, submitted the following report:
M1'. Speaker:
The Committee on Special Agriculture has had under consideration House bill No. 397, to prohibit the building and using of unlawful fences in the county of Camden,
and report the same back ro the House with a recommenda-
tion that it do pass.
Respectfully submitted.
J". J. CoNNER, Chairman.

Mr. Jones of Dougherty, chairman of the Committee on Banks and Banking, submitted the following report:
'Mr. Speaker:
Your Committee on Banks and Banking have had under consideration House bill No. 403, by Mr. Hall of Bibb, a bill to be entitled an Act to amend an Act entitled an Act to incorporate the :Fairburn Banking Company, and for other purposes connected therewith, approve:l Septe~ ber 14, 18Dl, so as to provide that a person may be eligible to be a director of said company who owns five or more shares of its stock, instead of ten or more shares as now required by the above Act, and instruct me, as their chair-

SATURDAY, NOVEMBER 29, 1902.

583

man, to report the same back to the House with the recommendation that it do pass.
Respectfully e:ubmitted. En. R. JoNEs, Chnirman.

Mr.Tones of Dougherty, chairman of the Committee on .Banks and Banking, submitted the following report:

:Mr. Speaker:

1:: our Committee on Banks and Banking have had under -consideration the following bill, and instruct me, as their 'Chairman, to report the same back to the House with the -recommendation that it do pass:

J3y Mr. Sanders of Heard-

A bill to be entitled an Act to amend section 982 of the Code of 1895, providing for a State depository in the town of Hogansville, in the county of Troup, State of Georgia.
Respectfully submitted.
En. R. JoNES, Chairman.

By unanimous consent the following bills were read the nrst time, to wit:

By Mr. :Miller of Muscogee-

A bill to make it unlawful to poison dogs in certain -case::~, a~d for other purposes.
Referred to Special Judiciary Committee.
By Mr. Wellborn of UnionA resolution to make House bill No. 112 the special or-

584

JoURNAl. OF THE HOUSJt.

der for Wednesday next, immediately after .the confirmation of the Journal, and that House bill No. 313 be made the special order to follow House bill No. 112.

Referred to Committee on R\lles.

By J\fr. Calvin of Richmond-
A bill to make an annual appropriation to the Univer sity of Georgia, and for other purposes.
Heferred to Committee on State University.

By Mr. Calvin of Richmond-
A bill to. amend section 453, volume 3 of the Code, which defines vagrancy, and for other purposes.
Referred to General Agricultural Committee. By J\Ir. Calvin of Richmond-
A bill to amend section 2582 of the Civil Code, relative to guardians, etc., and for other .purposes.
Referred to Special Judiciary Committee.

By ~fr. :Maples of J\Iitchell-
A bill to repeal an Act to amend the charter of Camilla1 and for other purposes.
Heferred to Committee on Counties nnd County J\iat~r11.
By :Mr. Singletary of Thomas-
A hill to incorporate the Hopeful school district, and for other purposes.

SATURDAY, NOVEMBER 29, 1902,

585

Heferre<l to Committee on Education.

By l!fr. Fields of Dooly-

A bill to amend an Act to incorporate the city of Cordele, relative to schcol funds, and for other purposes.

Referred to Special Judiciary Committee.

By :Mr. Fields of Dooly-
A bill to amend the charter of the city of Cordele, so as to establish a recorder's court, and for other purposes.

Referred to Special Judiciary Committee.

By Messrs. :Morris nnd }.fcLain of Cobb-

A bill to amend the charter of the town of Austell, and for other purposes.

Referred to Committee on Corporations.

By l!Ir. Owen of Pike-

A bill to create the Zebulon school district, and for other purposes.

Referred to Committee on Counties and County Matters.

By Mr. Newton of ColquittA bill to amend the charter of the town of Doerun, and
for other purposes. Referred to Committee on Counties imd County Matters.
By :Mr. George of }\[organ-

A bill to incorporate the town of Bostwick, and for other purroses.

586

jOURNAL 011' THE HOUS&

Referred to Committee on Counties and County Matters. By .Mr. Newton of Colquitt-

A bill to amend the Act establishing a system of schools for the town of Doerun, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Leigh of Coweta-
A bill to protect the farmers against cheap fertilizers, -and for other purposes.

Referred to Committee on General Agricultme.

By Messrs. Cann, Harden and Stovall of Chatham-

A bill to regulate the sale of liquor in certain cities of this State, and for other pnrposes.
Referred to Special Judiciary Committee.

By .Messrs. Cann, Harden and Stovall of Chatham-:--

A bill to regulate the sale of liquor in certain cities of this State, and for other purposes.
Referred to Special J"udiciary Committee.

By Mr. Beauchamp of ButtsA bill to appropriate the sum of $180.00 as pension
money to :Mrs. :Mary E. Flint, and for other purposes.
Referred to Committee on Pensions.

By !1:r. Rawls of Effingham-
A hill to make corporations operating trains liable for damages for stock killed, and for other purposes.

SATURDAY, NOVEMBER' 29 1 1902.

587

Referred to Committee on Counties and County Matters.

By :Mr. Hixon of Sumter (by request)-
A bill to amend section 2432 of the Civil Code, so as to provide :for serving defendants whose residence is unknown by publication, and for other purposes.

Referred to General Judiciary Committee.

By :Messrs. :Morris and :McLain of Cobb-

A bill to incorporate the Leonard school distriet, and for ()ther purposes.

Referred to Committee on Corporations.

By Mr. Booth of Walton (by request)-
A resolution for the relief of G. S. Duke, and for other purposes.

Referred to Special Judiciary Committee.

By }.fr. Slaton of Fulton-

A bill to provide for practice in the Supreme Court in certain cases, and for other purposes.

Referred to General Judiciary Committee.

The following resolutions were read, to wit:

By Mr. Duggan of Randolph-

A resolution to declare all Sundays during the session of the Legislature dies non.

Heferred to Committee on Rules.

588

]OURNAL OF THE HOUSE.

By :Messrs. Hixon and Steed of Carroll-

A resolution to take House bill X o. 27 from the tableand place it on the calendar, and make the same the special order for wednesday next, immediatly after the reading of the Journal.

Referred to Committee on Rules.

By ~1:r. :Felder of Bibb-
A resolution to make Honse hill X o. 281 the special order for -Wednesday immediately after the reading of the Jomnal.

Hoferred to Committee on Rules.
On motion of :Jir. Shannon, House hill X o. 401 was recommitted to tho Committee on Counties and County :Matters.

The following bi11s were read the third time anu put upon their passage, to wit:
By :M:r. Phillips of .Tefferson-
A hill to amend section 982, Yolume 1 of the Code, so as to make LonisYille, Georgia, a State depository, and for other purposes.

The report of tho committee, "-hich was favorable to the passage of tho bill, was agreed to.

On passage of the bill the ayes "ere 88, nays 0.

The bill having received the requisite co11stitutional majority was passed.

SATURDAY, NOVEMBER 29, 1902.

589

...rly ~lr. Watson of 1\fcDuffie-

A bill to amend section 982, volume 1 of the Code, so .as to make Thomson, Georgia, a State depository, 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 89, nays 0.

The bill having received the requisite constitutionalma.jority was passed.

By 1\fr. Paulk of Irwin--

A bill to establish a dispensary in the city of Ocilla, 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 88, nays 0.

The bill having rccei\ecl the requisite constitutional majority was passed.

By Mr. McBride of Lee-

A bill to prohibit the sale of liquors in the county of J.ee.

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 88, nays 0.
The bill having received the requisite constitutional majority was passed.

590

]Ot1BNAI. OF THE HoUSE.

By Mr. Conner of Barto-w-

A bill to amend an Act to create the city court of thecounty of Bartow, and for other purposes.

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

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite coDstitutional majority was passed.
By Mr. Shackelford of Clarke-

A bill to amend an Act to incorporate the Southern Mutual Insurance Company, 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 89, nays 0.

The bill having received the requisite constitutional majority was passed.
By Mr. Kelly of Glascock-
A bill to change the time of holding the Glascock superior court, and for other purposes.

Tlw report of the committee, which was favorable to the pasi'lage of the bill was agreed to.

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

SATURDAY, NOVEMBER 29, 1902.

591

:Uy Mr. Steed of Taylor (by request)-
A bill to establish one or more dispensaries for the sale ('t liquors in the county of Taylor, and for other purposes..
On motion of :Mr. Steed, the above bill was tabled.
By Mr. Kent of Johnson-
A bill to establish a dispensary in the town o Wrights' ille, and for other purposes.
Th{ ,eport of the committee, which was favorable t} the passage of the bill was agreed to.

On passage of the bill the ayes were 90, nays 0.
The bill having received the requisite constitutional majority was passed.
By Ur. Owen o Pike-

A bill to incorporate the Vega school district, and for other purposet!.

The report of the committee, which was fa1rorable tO the passage of the bill was agreed to.

On passage o:f the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority, was passed.
By Messrs. Booth and Lawrence of Walton-

A bill to incorporate the town of Bethlehem, and forother purposes.

.192

JOURNAL OF THE HoUSE.

The report of the committee, which was favorable to the passage of the bill was ag1eed to.
On passage of the hill the ayes were 90, nays 0.
The bill having received the. requisite constitutional- majority was passed.

By Mr. Whitley of Douglas-
A bill to repeal an Act relati,e to the disposition of the public school funds of DonglasYille College, 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 "ere 90, nays 0.
The hill hming recei\ed the requisite constitutional majority, was passed.
By Mr. Cook of Telfair-
A hill to fix the time of hollling the superior courts of T(Mair county, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, "as agreed to.
On passage of the bill the ayes were 90, nays 0.
The bill having receiwd the requisite constitutional mfl.jority, was passed.
J:iy 1\[r. \Vest of Lowndes-
A hill to amend an ~\.ct to establish the city court of Valdostn, aml for other purposes.

SATURDAY, NOVEMBER 29, 1902.

593

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.

The bill having received the requisite constitutional rna jority was passed.

By :Mr. Slaton of Fulton-

A bill to provide for practice in the city court of Atlanta, 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.

The bill having received the requisite constitutional maj)rity, was passed.

By Mr. Grice of Pulaski-

A bill to create a new charter for the city of Hawkinsville, 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.

The bill having received the requisite constitutional majority was passed.

By l\Ir. \Vooten of Montgomery-

A bill to incorporate the town of Soperton, and for other purposes.
38 bj

594

JOURNAL OF THE HOUSE.

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.

The bill having received the requisite constitutional majority was passed.

D.v ~Ir. Phillips of Jefferson-

.A bill to amend all Acts to incorporate the town of J~ouif'ville, and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was a~rccd to.

On passage of the bill the ayes \\'ere 90, nays 0.

The bill having received the reqnisitf' e<mstitntionalmajority was passed.

By 1\:fessrs. Thompson and Rogers of Hall-

A bill to amend an Act to establish the city court of Hall county, and for other purposps,

The report of the committe<>, which ,,a,; favorable to the passage of the bill, was agreell to.

On passage of the bill the ayes wPre 91, nays 0.

The Lill having receive<l the reqni"ite constitutional majority was passed.

By )Ir. Rountree of Thomas-

A bill to amend an Act to amend the charter of the town of BoRton, and for other purposes.

SATURDAY, NOVEMBER 2!1, 1902.

595

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.

The bill having received the requisite constitutional majority was passed.
By :Mr. Hutcheson of Haralson-

A bill to establish the city court of Buchanan, and for ether purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On pass~ge of the bill the ayes \Yere !)0, nays 0.

The bill having receivea the requisite constitutional majority was passed.

By :Mr. Hutcheson of Haralson-

A bill to amend an Act to create a charter for the town Buchanan, 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.

The hill having received the requisite constitutioual majority was passed.

On motion of :Mr. Fields of Dooly, Honse bill Xo. 118 was taken from the table and placed on the calendar.
House bill No. 53 was taken from the table rcrjd placed en the calendar on motion of :Mr. Shannon..

.596

JOURNAL OF' THE HOUSE.

At the request of the authors House bills N03. 98, 259,
74 and 12, were taken from the table and placed on the ealendar.

By unanimous consent House bill No. 92 was withdra\~rn from the Committee on Banks and Banking and referred to General Judiciary Committee.

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

By }fr. Overstreet of Screven-

}1_ bill to reincorporate the town of Sylvania.

By ~Ir. Burton of Franklin-

A bill to incorporate the town of Canon, and for other purposes.

By :Mr. Overstreet of Screven-
A bill to create the city court of Sylvania, and for other purposes.

By l\h. Hardeman of Jackson-

A bill to incorporate the city of Russell.

By }lr. Shackelford of Clarke-

A bill to amend an Act to create a dispensary in Athens.

By l\Ir. Butts of Glynn (by request)-
A bill to amend an Act to establish th~ city court of Brunswick.

SATURDAY, NOVEMBER 29, 1902.

597

By Messrs. Slaton, Houston and Blackburn of Fulton-

A bill to regulate the practice and procedure in justice courts in eertain cities.

By Messrs. Howard and Hicks of Laurens-

A bill to incorporate the town of Dudley.

By Messrs. Hawes and Martin of Elbert-

A bill to reduce the salary of the judge of the city court of Elberton.

By :Mr. Cann of Chatham-

A bill to authorize the mayor and council of Tybee to close Fourth avenue, North.
By ~Ir. Blackburn of Fulton-

A bill to amend an Act to provide a new charter for the town of East Point.

By :Mr. Hall of Bibb-

A bill to provide for the issuing of the writ of quo warranto.

By Mr. Howard of Baldwin-

A bill to establish a dispensary in the city of :Milledge ville.

By Messrs. Grenade and Alexander of Wilkes-

A bill to authorize the mayor and council of Washington, Ga., to sell certain property.

598

JOURNAL OF THE HOUSE.

By 1Icssrs. Rodgers and Thompson of Hall-

.\ hill to incorporate tho town of Oakwood, m Hall I"Ollllt;y.

By :\Ir. 0\crstrect of Screven-

.\_ hill to establish a system of public schools in and for tit<' Syh11nia school district.
Hy ~fr. Spcuce of Ware-
.\ bill to amend an Act to fix tho time of hol<ling the snpcrior court of Ware county.
B.,. :\fr. \Yalker of Pierce-

.\ hill to prohibit tho shooting of fish during spawning <>!' !Jed,ling season.

Hy \fr. Slaton of Fulton-

.\ bill to ret,>"Ulate the issuance and record of executions on j ndgments pending appellate proceedings.

H,v .:\Ir. Owen of Pike. \_ bill to incorporate the ::\{eansville school district.

]ly :\Ir. Evans of \Vashington-

.\ bill to amend section 082, volume 1 of the Code, relative to State depositories.

By 1[r. Davis of Meriwether-

A bill to provide additional files for the Supreme Court.

SATURDAY; NOVEMBER 29, 1902.

599

By :Mr. Kelly of Glascock-

A bill to repeal an Act to create a board of advisory commissioners for Laurens and Glascock counties.

By }[r. Alexander of Wilkes-

A hill to amend section 671, volume 3 of the Code, which provides for the wrongful sale of mortgaged property.

By }!r. Ayres of Polk-

A bill to protect fish in this State, and for other purposes.

By }fr. J3lackburn of Fulton-
A bill to make it unlawful for any person to fraudulently wear upon hiR person the Confederate Cross of Honor.
By Mr. Reid of Campbell-
A bill to require certain corporations to file anu record their charters.
By }!r. Hall of Bibb-
A bill to amcnd an Act to incorporate the Fairburn Banking Co.
By Mr. Alford of Worth-
A bill to establish a system of public school for the town of Ashburn.

600

JOURNAL OF THE HouSE.

By l\Iessrs. Shannon and Walker of l\{onroe-

A bill to codify the various Acts to incorporate the city of :Forsyth.

By Mr. Slaton of Fulton-

A bill to amend an Act to provide for the insurance of public buildings and library.

By J\fr. Daves of Fannin-

A bill to incorporate the town of Morganton.

By 1J:r. Hall of Bibb-
A bill to amend section 4334 of the Code, which prohibits judges from expressing opinions.

By J\fr. George of Morgan-
A bil to amend an Act to make it unlawful to employ or contract with a cropper or laborer when under contract with another,

By Mr. Proctor of Camden--

A bill to prohibit the building or use of unlawful fences in Camden county.

By Mr. Hall of Bibb-

A resolution to pay the stenographer o the committee appointed to consider that portion of the Governor's mes sage relative to theW. & A. R. R.

By l\fr. Knight o Berrien-
A bill to amend an Act to create the county court o Berrien county.

SATURDAY, NOVEMBER 29, 1902.

601:

By Mr. llall of Bibb-

A bill to repeal section 5331 of the Code and restoro the right of trial by jury.

By Mr. Davis of MeriwetherA bill to amend section 220 of the Code, relative to
trespassing.
By Mr. Houston of Fulton-
A resolution to make appropriation to meet deficiency in the public printing fund.
By Mr. Slaton of FultonA resolution to pay Mrs. R. W. Laird a pension.
By Mr. Peyton of Habersham-
A bill to repeal an Act to create the city court of Clarkesville.
The following resolution was read and adopted, to wit~

By Mr. Calvin of Richmond-

A joint resolution providing for a joint committee to.

visit the University of Georgia.



By unanimous consent, the following bills were read the first time, to wit:

-602

JOURNAL OF THE HOUSE.

By :Mr. Brinson of Decatur-

A bill to regulate tho carrying of concealed weapons.

.Hefcrrcd to Committee on Counties and County :Matters.

By ::\Ir. Akin of Bartow--
A bill to amend section 1900, volume 2 of the Code, which provides where suits against corporations may be brought in certain cases, and for other purposes.
Heferred to General Judiciary Committee.
House bill No. 12 was tabled, on motion of ::\Ir. Conner of Bartow.
At tho request of :1\Ir. Slumnon of :Jiouroe, House bill X o. 401 was withdrawn from the Committee on General Agricnlture and referred to Committee on Counties an<l County .Matters.

Th0 following Senate hills were read the firs!~ time, to wit:
By :1\Jr. Ilopkius of the 7th district-
A bill to incorporate the town of .Merrillville, and for other pnrposes.
Heferred to Committee on Corporations.
By :l\1r. Harrell of the 8th district-
A bill to amend section 982, volume 1 of the Code, so .as tn make the city of Pelham a State depository.

SATURDAY, NOVEMBER 29, 1902.

603

Referred to Committee on Banks.

By ?.ir. Hopkin~> of the 7th district -

A bill to amend the charter of the city of Thomasville, :mJ for other purposes.
Referred ~o Committee on Corporations.

By ~Ir. Hurrell of the Sth district-

A joint resolution directing that the assessment of all taxable property of this State for the fiscal years 1D02 and 1D03 shall not exceed :fiye mills.

Heferred to Committee on Ways and :Means.

Tbe following Senate billa were rea<l the second time, to wit:

By l\Ir. Rountree of the 16th district-
A bill to ameuJ section D82, volume 1 of the Code so as to make Swainsboro a State depository.

By ~Ir. Ledford of the 40th district-
A bill to change the time of holding the superior courts of Union county.

By .l\fr. Sweat of the 5th district-
A bill to make it penal to offer adulterated spirits o turpentine for sale.

JOURNAL OF THE HOUSE.
By Mr. Snead of the 29th districtA bill to amend section 4315 of the Code, :relative to
terms of the superior court.
By Mr. Perry of the 33d district-
A bill to repeal an Act to establish the city court of Hall county.
Br. Mr. Lee of the 44-th district-
A bill to cede jurisdiction over certain lands in Walker county to the United States.
By :Mr. Snead of the 29th district-
A bill to increase the number of terms of the superior court of Richmond county.
The following Senate bills were read the third time and put upon their passage, to wit:
By :Mr. Merritt of the 20th district-
A bill to amend an Act to create a board of commissioners for the county of Hancock, 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 91, nays 0.
The bill having received the requisite constitutional ma jority was passed.

SATURDAY, NOVEMBER 29, '1902.

605 '

By llr. McMichael of the 24th district-
A bill to repeal an Act to create a county court in each county of this State, so far as the same relates to the county of :Marion.

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.

The bill having received the requisite constitutional majority was passed.

By ~Ir. Snead of the 29th district-
A bill to make it unlawful to hunt or fish upon the lands of another in Columbia county, and for other pur poses.
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 90, nays 0.

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

By Mr. Comas of the 3d district-
A bill to amend section 982 of the Code so as to make the city of Baxley a State depository.

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

606

jOURNAL OF THE HOUSE.

On passage of the bill the ayes were 90, nays 0.

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

By :Mr. Lee of the 44th district-
A bill to amend section 982, volmne 1 of the Code so as to make the town of LaFayette a State depository.

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

On passage of the bill the a,ws \\"Pre 90, nays 0.
The bill having received the requisite constitutional majority, was passed.
~Ir. Shannon, chairman of tlH' Committee on Counties and County ~fatten;, snlnnitted the following report:

Jlr. Speal,-cr:

The Counties aJI(l County ::\Iattrrs Connnittee have had under consideration the fo11owing bill and instruct me, as their chairman, to rpport baek the same with the rccomliwndation that it do pass:

By ::\Ir. George of Morgan-
An Act to be entitlPcl an ~\f't. to ineorporate the town of Bostwiek, in ~forgan comJt,', a111l for other purpose~.
Respectfully submi ttcd. .TKO. H. S n.\XNON, Chairman.
November 29, 1902.

MONDAY, DECEMBER 1, 1902.

607

Leave of absence was granted the following members:

Hendry, Griffin, Foster of Oconee, Howard, H. P., Arnold, Harden, Booth, Howell.

On motion of .:\Ir. Cann of Chatham, the House adjourned until D o'clock :Monday morning.

Atlanta, Ga. Monday, December 1, 1002.

The House met pursuant to adjournment at 9 o'clock a.m. this day; was called to order by the Speaker a1Hl opened with prayer by the Chaplain.

The roll was called and the following members answered to their names :

Adams, Akin, Alexander, Alford, Almond, Arnold, Ayres, Beall, Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth,

Bowen, Bower, Boykln, Brinson, Brock, Brown, Bruce, Bucllnnnon. Burton, Bush, Butts, Ualvln, Candl!'l',

Uann, Carrington, Carswell, Cllatt, Conner, Uook, Cromartie, Crumbly, DaYes, Davis, Davison, Deal. Derricl;:,

.608

JOURNAL OF THB HOUSB

Duckett,

Kilburn,

Rawls,

Duggan,

Knight,

Redwine,

Dunbar,

Knowles,

Reid,

l!ldwards,

Lane,

Rice,

English,

Lanier,

Uichardson,

Ennis,

Lawrence,

Ridley,

!!:vans,

Little,

Rogers of Hall,

l<'elder,

Leigh,

Rogers of l\1clntosh,

!fields,

Lowe,

Roper,

Flanigan,

Martin,

Rountree,

l<'lynt,

Mayson,

Sanders,

Foster of Oconee, Mills,

Shackelford,

l'oster or '!'owns, Miller or Hullock, Shannon,

Franklin,

Miller of Muscogee, Singletary,

l<'ussell,

Mitcham,

~laton,

Gaulden,

Mitchell,

Spence,

George,

Mizell,

Stanford,

Glenn,

Moses,

Steed of Carroll,

Grenade,

Mulherin,

Steed of Taylor,

Grice,

McBride,

Stew&rt,

Griffin,

McCurry,

Stovall,

Hall,

l\Icl!llmurray,

Strickland,

Hardeman,

McHenry,

Thompson,

Hawes,

:\IcLaln,

'l'hurman,

Hayes,

McHae,

'.rignm,

Henry,

Newton,

'!'racy,

Hicks,

Nisbet,

Underwood,

Hixon of Carroll, Owen,

Valentine,

Hixon of Sumter. Overstreet,

Walker of Monroe,

Holder,

Parker,

Warren,

Houston,

Pate of Dooly,

watson,

Howard of Haldwm, Pate of Gwinnett, Welch,

Howard of Laurens, Paulk of Cotree,

Wellborn,

Johnson of Clinch, Paulk of llw!n,

West,

Johnson of Crawford, Peyton,

Whitley,

Jones of Dougherty, Phillips of Jetrerson. 'VIse,

.Tones of Picken!', Kelly, Kendrick, 'Kent,

Preston, Proctor, Rainey, Rankin,

Womble, Wooten, Yates. Mr. Speaker.

MONDAY, DECEMBER 1, 1902.

609

Those absent were :Messrs.-

Baldwin, Buchan, Carr, Dozier, Harden, Hendry,

Howell, Hutcheson, Johnson of Baker, Mann, Maples,

Morton, O'Qulnn, Phillips of Quitman, Walker of Pierce, \Vilson,

Mr. Flanigan of the Committee on Journals reported that the Journal of Saturday's proceedings had been examined and found <;orrect.

On motion of Mr. Preston of .Tasper, the reading of the Journal was dispensed with.

The General Appropriation Bill, which was under consideration at the close of Saturday's session, and which was made the continuing special order until disposed of, was again taken up for consideration.

The House again resolved itself into a committee of tl:te whole and the Speaker designated as chairman Mr. Slaton of Fulton.

After a consideration of the bill the committee arose and through their chairman reported progress and asked leave to sit again.

Mr. wellborn, chairman of the Committee 0n Enroll ment, submitted the following report:

Mr. Speaker:.

The Committee on Enrollment has examined and report as properly enrolled, duly signed and ready for delivery to the Governor the following Acts, to wit:

39h j

610

JOURNAL OF THE HoUSE.

An Act to repeal an Act to pay insolvent cost to the sheriff and clerk of the superior court of the county of Fayette.

Also, an Act to repeal an Act establishing a dispensary in the city of 'Vashington, Wilkes county.

Also, an Act to repeal an Act to establish a county court for Butts county, an'd for other purposes.

Respectfully submitted. C. J. WEr.LnORN, JR., Chairman.

By unanimous consent tho follmving bill was introduced~ read the first time and appropriately referred, to wit:
J3y :Jfr. Gaulden of Brooks-
A bill to fix the license fee for retailing liquors in Brooks county, and for other purposes.
Heferred to Committee on Counties and County Matters.
On motion of :i\Ir. Felder of Bibb, the House Hdjourned
until a o'clock this afternoon.

3 O'clock p.m.
The Honse rccotwenctl at this hour and was called to order by the Speaker~
~fr. Felder of Bibb, moYed to tlispense with the call of the roll.
No quorum havinp: votc(l 011 the motion of ~Ir. Fcl(ler, the Speaker ordered that the roll he called so as to ascertain

MONDAY, DECEMBER 1, 1902.

611

whether or not a quonim be present, and the following members answered to their names:

Adams,

Akin,

Alexander,

Alford,

Almond,

Arnold,

Ayres,

Beall,

Beauchamp,

Hell of Emanuel,

Bell of Mllton,

Blackburn,

Booth,

Bowen,

Bower,

Boykln,

Brinson,

Brock,

Brown,

Bruct:,

Burton,

Bush,

'"

Butts,

Ualvin,

Candler,

Cann, Carrington,

..

Carswell,

1:

Cllatt,

Conner,

.Cook,

Ctomartle,

Daves,

Davis,

Davison,

Deal,

Derrick,

Dozier,

Duckett,

Dunbar,

Knowles,

Edwards,

Lane,

l!lngllsh,

Lanier,

Ennis,

Lawrence,

Evans,

Leigh,

Felder,

Lowe,

Fields,

Martin,

li'lanigan,

Mayson,

l'lynt,

Miller of Hullock,

l!'oster of Oconee, Miller of Muscogee,

Jl'ranklln,

Mllls,

l'ussell,

Mitcham,

Gaulden,

Mitchell,

George,

Mizell,

Glenn,

Moses,

Urenade,

Mulherin,

Grice,

McBride,

Grlttln,

l.IciJurry,

Hall,

McElmurray,

Hardeman,

McHenry,

Hawes,

1\IcLaln,

Hayes,

l\lcRae,

Henry,

~ewton,

Hicks,

Nisbet,

Hixon of Carroll, Owen,

Hixon of Sumter, Overstreet,

Holder,

Parker,

Houston,

Pate of Dooly,

Howard of Haldwln, Pate or Gwlnnett,

Howard of Laurens, Paulk of Cotree,

Johnson of CUnch, Paulk or Irwin,

Johnson o'f Crawfora,Peyton,

Jones of Dougherty, l'llillips of Jetrerson,

Jones of l'ickPns, Preston,

Kelly,

Proctor,

Kendrick,

Hainey,

Kent,

Rankin,

Kilburn,

Hawls,

Knight,

Redwine,

612

JOURNAl, OF THE HOUSB.

Reid,

Spence,

IUce,

Stanford,

Richardson,

Steed of Carroll,

ltldley,

Steed of Taylor,

Rogers of Hall,

Stewart,

Rogers of Mclntosll, Stovall,

Roper,

Strickland,

Rountree, sanders,

Thompson, Thurman,

Shackelford, Shannon, Singletary,

Tigner, .rracy, Underwood,

Slaton,

Walker of Monroe, \Vatren, \Vatson, Welch, Wellborn, West, Whitley, \VIse, Womble, Wooten. Yates, Mr. Speaker.

Those absent were :Messrs.-

'Baldwin, BuC'han. nuchannon, carr, 'Crumbly, 'Duggan, 'l!'oster of '!'owns,

Harden, Hendry, Howell, Hutcheson, .Johnson of Baker, Little, ~I a n n ,

:.Haples, Morton, O'Quinn, Phillips of Quitman,
Valentine, Walker of Pierce, Wilson,

It having been found that a quorum was present, the Honse proceeded with the business before it..
By unanimous consent :M:r. Flynt, chairman of Committee on Special Judiciary, submitted the following report:

.llfr. Speaker:

Your committee having had under consideration the following House bills, instruct me, as their chairman, to report them to the House with the recommendation that the same do pass :
By ~fr. :Mulherin of Richmond-
A bill to create a board of fire commissioners for the city {)f Augusta.

MONDAY, DECEMBER 1, 1902.

613

By Mr. Conner o Bartow-

A bill to protect fish in the streams and other watercourses o Bartow county.

By Mr. Glenn of WhitfieldA bill to amend the charter o the city o:f Dalton.

By !fessrs. Hardeman and Holder o Jackson--
A bill to amend section 982. o the Code o 1895, providing or the selection by the Governor o banks in certain citieJ therein named as State depositories, etc., so as to include the city of Winder, in the counties o Walton, Jackson and Gwinnett.
By :Mr. Wooten of Montgomery-
A bill to be entitled an Act to incorporate tl1e city o Vidalia, in the county o Montgomery, and State o Georgia.

By Mr. Newton o Colquitt-
A bill to amend an Act to establish the city court o :Moultrie; to limit the jurisdiction o said court.

By :Messrs. Howard and Hicks o J,aurens-

A bill to be entitled an Act to repeal an Act to establish the city court o Dublin, in and or the county o Laurens, etc.

By Messrs. Howard and Hicks o LaurensA bill to be entitled an Act to create the cit:r court o

614

JOURNAL OF TH& HOUSB.

Dublin, in and for the county of Laurens; to prescribe the powers and duties therefor, etc.

RespectfuHy submitted.

.J. J. FLYNT) Chairman.

:Mr. Alioru of Worth, moved that this afternoon's session be extended twenty minutes for the purpose o introducin~,~; new bills and reports o standing committeet:, which motion prevailed.
The general appropriation bill, which was under discussion at the hour of adjournment o this morning's session, was again taken up and the House resolved itself into a committee of the whole for a further consideration of the same. The Speaker designated as chairman of the committee, ~1r. Slaton of Fulton.
After a consideration of the bill the committee arose, and tlrough their chairman, reported the bill back to the Huuse with the recommendation that it do pass as amended.
Mr. Conner, chairman of the Special Agriculture Committee, submitted the following report:
Mr. Spealcer:
Tlw Special Agricultural Committee has had 11nder con siderc.tion House bill No. 369, entitled an Act to amend the stock or fence laws of Georgia, and report the same back to the House with a recommendation that it do not pass.
Respectfully submitted.
CoNNER, Chairman.

MONDAY, DECEMBER 1, 1902.

615

Mr. Shannon, chairman of the Committee on CountieS' :md County :Matters, submitted the following report:

1vlr. Spea'ke1:
Tte Committee on Counties and County Matters have had under consideration the following bills, anl instruct me, as their chairman, to report back the same with the recommendation that the same do pass:

By :Mr. Newton of Colquitt-
A l.ili to be entitled an Act to amend the charter of the
1own o: Doerun, county of Colquitt.

Uy 1.1 r. Newton of Colquitt-
A Ell to be entitle.-! an Act to amend an Act to establish a system of schools for the town of Doerun, in Colquitt county, and for other purposes.
By !It. Owen of Pike-
A l ill to be entitled an Act to create Zebulon echool district, in Pike county, and for other purposes.
By Mr Rawls of }.ffingham-
A Lili to be entitled an Act to make railroad companies liable fill" damages for stock killed or crippled by the running of trains, and to compel said companies to pay for such (Lftmage.
The committee have also had under consideration the follo.vir,g bill, and report back the same with the recommen_d.aiion that it do not pass:

616

JOURNAL OF THE HOUS&

By .Mr. Steed of Carroll-
A bi!i to be entitled an Act to abolish the office of county school commissioner and boards of education, and empower the ordinaries to discharge the duties of county school COin miSSIOner.
Hcspectfully submitted.
J NO. n. SHANNON, Chairman.

The :following resolutions were read and referred to the Committee on Rules, to wit:

By :M:r. George of Morgan-
A resolution providing that from 12 :30 p.m. to 1 p.m., and from 4 :30 p.m. to 5 p.m., be set aside each day for a consideration of local bills.
By :Mr. Holder of Jackson-
A resolution to make House resolution No. 63 the special order for Thursday, immediately after the reading of the Journal, subject to th101 general tax Act.
Mr. Adams, chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
The Committee on Temperance having had under con siderntion the following bill, report the same back to' the House with the recommendation that it do not pass, to wit:
By :Mr. Glenn of whitfield-
A bill to establish a dispensary m Dalton, Whitfield county.
Respectfully submitted. GEo. W. ADAMS, Chairman.

MONDAY, DECEMBER 11 1902.

611.

Twenty minutes having been set aside for the introduction of new bills and the reports of standing committees, the following bills were introduced, read the first time and appropriately referred, to wit:

By .Mr. West of l-owndes-

A bill to prorate the funds allowed by law to each Confederate pensioner in his class, and for other purposes. . Referred to General Judiciary Committee.
By Mee:srs. Steed and Hixon of Carroll-
A bill to amend an Act 'to incorporate the town of Bowdon, and for other purposes.

Referred to Committee on Counties and County Mattera.

By Mr. Edwards of Marion-
A bill to amend an Act to establish a dispensary in the town of Buena Vista, and for other purposes.

Referred to Committee on Temperance.

By Mr. Flanigan of Gwinnett--
A bill to provide that ginners be public weighers or salesmen; to provide for the weighing and marking of cotton, and for other purposes.
Referred to General Agricultural Committee.
By l\fr. Crumbly of Stewart-
A bill to prohibit the sale of liquors in Calhoun county,. and for other purposes.

618

jOURNAL OP THE HOUS&

Heferred to Committee on Counties and County 1VIatters.
By :Mr. O'Quinn of Wayne-
A bill to amend an Act to establish a system of public schools in the town of Jesup, and for other purposes.
Referred to Committee on Education.
.Bv .Mr. McCurr"v of Hart-
A bill to amend an Act to create the board of commissioners of Hart county, and for other purposes.

Ref~rred to Committee on Counties and County Matters.

By Messrs. Steed and Hixon of Carroll-

A bill to establish a system of public schools in the town of Bowdon, and for other purposes.

Heferrcrl to Committee on Counties and County Matters.

By Mr. Tigner of Muscogee--

A bill to prohibit the use of the public roads of this State by machines propelled by steam, etc., and for (other purposes.

Referred to Special Judiciary Committee.

By :Mr. Evans of Washington-
A bill to amend an Act to incorporate the town of Harrison, and for other purposes.

Referred to Committee on Corporations.

MONDAY 1 DECEMBER 11 1902.

619

By Mr. Alford of Worth-

A bill to amend an Act to incorporate the town of Sylvester, and for other purposes.

Refencd to Comruittee on Counties and County Matters.

By Mr. Jones of Pif'..kens-

A bill to authorize the mayor and council of the town of Jasper to issue bonds, and for other purposes.

Referred to Committee on Corporations.

By :Mr. George of Morgan-
A. resolution to increase the salary of the mayor of Madison, Georgia, and for other purposes.

l:Cf~rred to Committee on Counties and County Matters.

By Mr. Evans of Washington-

.A bill tu amend an Act to incorporate the town of Deepstep, and for other purposes.

Referred to Committee on Corporations.

By Mr. Pate of Gwinnett-
A bill to aruend an Act to incorporate the town of Trip, in Gwim.ett county, and for other purposes.

Referred to Committee on Corporations.

By }Itssrs. Hardeman and Holder of Jackson-

A bill to amend an .Act to create a board of commission-ers of roads and revenues for Jackson county, and for -other purpose::~.

620

]OUBNAI. OP THE HOUSE.

Heferred to Special J ndici::!ry Committee.

By Messrs. Pate and Flanigan of Gwinnett-
A bill to abolish the city court of Buford, and for other purposes.

Referred to General Judiciary Committee.

By ~Ir. Jones of Pickens-
A bi1i to incorporate the Marble Hill school district, ih Pickens county, and for other purposes.

Referred to Committee on Corporations.

By :Mr. Cromartie of Appling-
A bill to amend an Act to incorporate the town of Hazelhurst, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Candler of DeKalb and George of Morgan-
A resolution providing for the appointment of a tax commission, prescribing their duties, and for other purposes.

Referred to Committee on Ways and :Means.

Ou motion of :Mr. Grice of Pulaski, the House adjourned until to-morrow morning at 10 o'clock.

TUESDAY, DECEMBER 2, 1902.

621

Atlanta, Ga., Tuesday, December 2, 1902.

The House met pursuant to adjournment at 9 o'clock a.m. this day; was called to or_der by the Speaker and opened with prayer by the Chaplain.

The roll was called and the following members answered .to their names:

Adams, Akin, Alexander, Alrord, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Hell or Emanuel, .Bell or Milton, Blackburn, Booth, Bowen, Bower,
Boykln, Brinson, Brock, Brown, Bruce, Buchan, :Buchannon, Burton, Bush, 'Butts,

Calvin, Candler, Cann,
Carri~on,
Carswell, Cllatt, Conner, Cook, Cromartie, Crumbly, Daves, Davis, Davison, Denick, Dozier, Duckett, Duggan, Dunbar, Edwards, English,
I~nnis,
l!lvans, Felder, Flelds, .I<' Ianigan, Flynt,

J<'oster or Oconee,
l~'rankUu,
Fussell, uaulden, Ueorge, Glenn, Grenade, Grice, Urii:Hn, Hall, Hardeman, Hawes, Hayes, Hendry, Henry, Hicks, Hixon or Carroll, Hixon or ~umter, Holder, Houston, Howard or Baldwin, Howell, Hutcheson, Johnson or Clmch, Johnson or Crawrord, Jones or Dougherty,

622

JOURNAL OF THJC HOUU.

.Tones of Pickens, Kelly, Kendrick, Kent, Kilburn, Knight, Knowles, Lane, Lanier, Lawrence, Leigh,
Little, Lowe, Martin, Mayson, Miller of Bullock, Miller of Muscogee, Mills, Mitcham, Mitchell, Mizell, Moses, :\lulherin, McBride, 1\lcCurry, McElmurray, McHenry, McLain,
~feRae,

Newton,

Shannon,

Nisbet,

Singletary,

Owen,

Slaton,

Overstreet,

Spence,

O'Quinn,

Stanford,

Parker,

Steed of Carroll,

Pate of Dooly,

Steed of 'l'aylor,

Pate of Gwinnett, Stew11rt,

Paulk of Coffee,

Stovall,

Paulk or Irwin,

Strickland,

Peyton,

.Thompson,

Philli!'S of Jefferson, Thurman,

Phillips of Quitman, Tigner,

!'reston,

Tracy,

Proctor, Hainey,

Underwood, Valentine,

Hankin,

Walker of ~lonroe,

Rawls,

Warren,

Redwine,

'V~ttson,

Reid,

Welch,

Rice,

'Vellborn,

Hichardson,

West,

Ridley,

Whitley,

Rogers of Hall,

Wilson,

Rogers of Mcintosh, Vi'lse,

Roper, Rountree, Sanders, Shackelford,

'Vomble, Wooten, Yates, Mr. Speaker.

Those nbsent were :Messrs.-

Carr, Deal, Foster or '!'owns, Harden,

Howard or Laurens, Maples,

Johnson or Baker, Morton,

Mann,

Walker or Pierce,

Mr. Flanigan of Gwinnett reported that the Journal of yesterday's proceedings had been examined and found correct.

TuESDAY, DECEMBER 2, 1902.

623

On motion of Mr. Calvin of Richmond, the reading of the Journal was dispensed with.

On motion of Mt. Glenn of Whitfield, House Bill No. 203, which was unfavorably reported by the committee, was put on the calendar lor a second reading.

On motion of Mr. Evans of Washington, House Bill No. 88 was recommitted to the Committee on Banks and Banking.

At the request of the authors, House Bills Nos. 79 and 111 was taken from the table and placed upon the calendar.

On motion of Mr. Calvin of Richmond, Senate Bill No. 41 was withdrawn from the Committee on Education and referred to the General Agriculture Committee.

The following message was received from the Senate, through Mr. Northen, the Secretary thereof:

~Jr. Speaker:
The Senate has passed by the requisite con~;titutional majority the following bills of the House, to wit:
A bill to provide a new charter for the town of Edgewood in the county of DeKalb.
A bill to amend the chartet of the city of Columbus in the county of Muscogee, so as to increase jurisdictional authority over territory within three miles of the city limits.
The Senate has read and concurred in the following resolution of the House, to wit:

JOURNAL OF TBK HOUSK.
A resolution providing for a joint committee to visit the University of Georgia on their annual commencement, June, 1903. Committee on part of the Senate are: Senators McMichael, Atkinson, Leigh, Park, Stevens, Middlebrooks, Moore, Ledford, Tisinger and Skelton.
The Senate has also passed the following bill of the Senate, to wit:
A bill to be entitled an Act to reorganize the military forces of this State, to adopt and make of f11rce a Military Code, and to provide penalties for the violation thereof; to repeal laws referring to the military forces not herein re-enacted, and for other purposes.
The following message was received from the Senate, through Mr. Northen, the Secretary thereof:
Jr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill ot' the House, to wit:
A bill to be entitled an Act to amend the charter of Columbus in Muscogee county so as to provide for a Rystem of water-works, and for other purposes.
Also the following Hous~ bill as amended:
A bill to be entitled an Act to amend an Act to incorporate the town of Pinehurst, to establish a system of ,public schools lor said town, and for other purposes.
Mr. Wellborn, chairman of the Committee on Enrollment, submitted the following report:

TuESDAY, DECEMBER 2, 1902.

625

JJ.r. Speaker:

The Committee on Enrollment have examined and report as properly enrolled, duly signed and ready for delivery to the Governor the following Acts, to wit:

An Act to provide a new charter for the town of Edgewood.

Also, an Act to amend the charter of the city of Columbus.

Respectfully submitted. C. J. WELLBORN, JR., Chairman.

The following message was received from the Governor, through Mr. Erwin, his Secretary:
Mr. Speaker:
The Governor has approved the following Acts of the General Assembly, to wit:
An Act to repeal an Act approved Feb. 20, 1873, to provide for payment of insolven.t costs due the clerk and ~heriff of Fayette county.
Also, an Act to repeal an Act to establish a dispensary in Washington, Wilkes county.
Also, an Act to amend the charter of the city of Atlanta so as to provide for the issuing of bonds for sewerage.
Also, an Act to establish a dispensary in Colquitt, Miller -county.
40 h j

626

JOURNAL OF THE HOUSE.

The general appropriation bill which was favorably reported by the committee of the whole at the close of yesterday's session, was taken up, read the third time and put upon its passage, to wit:

By Mr. Reid or Campbell-
A bill to be entitled an Act to make appropriation for the ordinary expenses of the Executive, Judicial and Legi~lative departments of the State Government, and for other purposes.
The following amendments, offered by the committee of the whole, were adopted, to wit:
Amend section 1 by striking out the words, "for salary of the Special Attorney for the Western and Atlantic Railroad, two thousand dollars."
Also, amend line 18, section 1, by adding after the word "dollars" in 1:1aid line the following words: "to be paid out of money appropriated for support of State Sanitarium."
Amend by adding at the end of the item, "for salaries of seeretaries and clerks in Exeeutive office, six thousand dollars'' the following item: "for salary of messenger in Executive office nine hundred and fifty dollars."
Also, amend line 2R, on fourth page, by inserting'' six" in lieu of "seven" and "three" in lieu of "four" wherever they occur in line 28, page four of the bill.

Also, amend by substituting for the support of the Georgia School for the Deaf the sum or "$27,500'' instead of "$25,000."

TUESDAY, DECEMBER 2, 1902.

627

Also, amend section 4, lines 13 and 14, by striking the words "three hundred and thirty thousand dollars'' and inserting in lieu thereof the words "three hu11dred and ten thousand dollars."

Also, amend by inserting between the words '' Governor" and "the" in the twenty-seventh line of section 4, the following words: "which report shall be submitted by him to the General Assembly at the convening of each session thereof."

Also, amend by inserting in lieu of "$40,000" for maintenance of the School of Technology, the sum of "$45,000."

Also, amend by adding at the end of line 33 the following: "provided that the chairman of the Board of Trustees shall report annually to the General Assembly the number of pay pupils, tuition charged and an itemized statement of all receipts aud expenditures."

Also, amend by adding at end of line 39 the following: "provided the c~airman of the Board of Trustees shall, report annually to the General Assembly the number of students, tea~hers, salaries paid teachers, from whom and how much is collected in tuition fees and an itemized statement of all receipts and expenditures.''
Also, amend by making for maintenance of North Georgia Agricultural College at Dahlonega ''ten thousand dollars" in lieu of "seven thousand dollars."

Also, amend by inserting in lieu of "sixteen thousand dollars" for maintenance of State Normal School at Athens the sum of" twenty-two thousand five hundred dollars."

Also, amend by adding the following: "to the U niver-

628

JOURNAL O:P' THS HOUSE.

sity of Georgia for the support and maintenance of the -same $22,500.

Also, amend by inserting for support and maintenance of Confederate Soldiers' ~orne $1~,500.

Also, amend section 5 by striking all of said section after "1903."
Also, amend by adding after the words 1895 in second paragraph of Eection 6, the words, "the same to be paid out of the fund arising from fees for inspecting fertilizers as provided by section 1384 of the Code of 1895."
Also, amend by appropriating $10,000 in lieu of $12,500 for contingent fund.

Also, amend by making the contingent fund of the Railroad Commission $200 in lieu of $800, and by striking out the word "stenographer."
Also, amend by striking out $151000 and insert $20,000 for the public printing fund.
Also, amend by striking out lines 53 to 60 of the original bill to cover deficiency for public printing in 1902.

Also, amend by inserting in lieu of $17,500 for puhlic buildings and repairs $18,500.

Also, amend section 6 by adding after the word '' 1889" the following words, to wit: "to be paid out of the appropriation herein contained for the support of the State Sanitarium."

Also, amend by striking out "$2,500, or so much thereof

TUESDAY, DECEMBER 2, 1902.

629

as may be necessary," in line 59 and insert in lieu thereof "$150 each and actual railroad expenses iu going to and returning from said Sanitarium."

Also, 11mend section 6 by adding after the word "mE-eting'' in the sixty-fourth line of the printed bill the following words: "to be paid out of the appropriation herein contained for the support of the State University."

Also, amend by striking "$190,000" for maimed and disabled Confederate soldiers and inserting in lieu thereof "$185,000."

Mr. Kelly of, Glascock, moved to amend the amendment reported by the committee of the whole house by substituting "$385,000" in lieu of" $410,000."

The amendment was adopted.

Immediately thereafter Mr. Evans of Washington, moved to reconsider the action of the House in adopting the above amendment, and on that motion, Mr. Preston of Jasper, called for the ayes and nays, which call was sustained.

On taking the ballot viva voce the vote was as follows :

Those voting in the affirmative were Messrs.-

Adams, Akin, Almond, Ayres, Baldwin, He all, .Beauchamp, Bell of Emanuel, .Blackburn,

Booth, How en, .Boy kin, .Brock, .Brown, Bruce, Buchan, Burton, Bush,

Calvin, Carswell, Cllatt, Cromartie, Daves, Derrick, Dozier, Duckett, Dunbar,

630

JOURNAL OF THE HOUSE.

Edwards,

Jones of Dougherty, Rankin,

l~nglisll,

Jones of Pickens, Hedwine,

1Jnnis,

Knowles,

R1ce,

1-Jvans,

Lanier,

Ridley,

!"elder,

Lawrence,

Rogers of Hall,

Fields,

Leigh,

Roper,

Flanigan,

. Little,

Shackelford,

l'lynt,

Lowe,

Stanford,

l<'ussell,

Martin,

Steed of Carroll,

Glenn,

Miller of Muscogee, Steed of 'l'aylor,

Grenade,

.\litcham,

Stewarc,

Grice, Gritlin,

l\lizell, McBride,

'l'hompson, 'l'hurman,

Hardeman,

1\lcUurry,

Tigner,

Hawes,

~lcElmurray,

Tracy,

Hayes, Henry,

McHenry, Newton,

Underwood, Valentine.

Hicli:s, Hixon of Carroll, Hixon or Sumter, Holder, Hutcheson, Johnson of Clinch,

O'Quinn,

'Velch,

l'arler,

Wilson,

Pate of Dooly,

Wise,

Paulk of Coffee,

Womble,

Peyton,

Wooten.

Phillips of J eft'erson, Yates.

Johnson of Crawford, Preston,

Those voting in the negative were Messrs.-

Alexander, Arnold, Bell of Milton, Bower, Brinson, Candler, Cann, Carrington, Conner, Cook, Crumbly, Davis, Davison, Duggan, l<'ranklln, Gaulden,

Hall, Hendry, Houston, Kelly, Kent, Knight, Lane, Miller of Bullock, l\fllls, 1.\litchell, M:oses, 1- Mulherin, 1\lcLain, McRae, - Pate of Gwlnttett, Paulk or frwin,

Phillips of Quitman,
Proctor, Hainey, Rawls, Reid, !tichardson, Rogers of Mcintosh, Rountree, Slaton, Spence, Stovall, Strickland,
Warren~
Watson, West.
I'~ 'I

'f:uESDAY1 DECEMB:B;R 2, 1902.

, 631

Those not voting were :Messrs.-

Alford,

Ho\vard or LaurPns, Owen,

Huchannon,

Howell,

0Yerstreet,

Butts,

Johnson of Baker, Sanders,

Carr,

Kendrick,

Shannon,

Deal,

Kilburn,

Singletary,

1!'oster of Oconee, l\Iann,

walker of Monroe,

Foster of 'l'owns, Maples,

'Valker of l'ierce,

George,

l\fayson,

Wellborn,

Harden,

Morton,

Whitley,

Howard of Baldwin, Nisbet,

Mr. Speaker.

The roll-call was verified and it was forln(l that the ayes were 98, nays 47; the motion to reconsider therefore prevailed.

The hour of adjournment having arrived the Speaker announced the House adjourned until 3 o'clock this afternoon.

3 O'clock p. m.
The House reconvened at this hom and was called to order by the Speaker.
On motion of Mr. Franklin of Washington, the call of. the roll was dispensed with.
The general appropriation Lill, which was under discussion when the hour of adjournment arrived this morning, was again taken up for consideration, to wit:.
By Mr. Davis of Meriwether-
A bill to be entitled an Act to make appropriation for

632

JOURNAL OF THE HOUSE.

the ordinary expenses of the Executive, Judicial and Legislative departmeuts of the State Government, and lor other purposes.

The following amendments were read and adopted, to wit:

Amend by striking from line 68, section 6, the words, "three hundred and eighty-five thousand" and insert in }i('u thereof the words "lour hundred and ten thousand."

On the adoption of the above amendment, Mr. Felder of Bibb called for the ayes and nays, which call was.sustained, and on taking the ballot viva voce the vote was as follows:

Those voting in the affirt;native were Messrs.-

Adams, Akin, Almond, Haldwin, Beall, Beauchamp, Brock, Bruce, Buchan, Bush, Butts, Carswell, Cromartie, Davison, Derr.l.ck, Dunbar, English, Evans, Fields,
l~'lanigan,
Flynt, l!'ussell,

Glenn,

McElmurray,

Grenade,.

McHenry,

Grice,

Newton,

GrUHn,

O'Qulnu,

Hardeman,

Parker,

Hawes,

Pate of Dooly,

Hayes,

Peyton,

Hicks,

Phillips of Jerrerson.

Hixon of ~umter, Preston,

Holder,

Rankin,

Howard of Baldwin, Redwine,

Hutcheson,

Rice,

;rohnson of Clinch, Ridley,

Jones of Dougherty, Rogers of Hall,

Leigh,

Roper,

Little,

Singletary,

Lowe,

Stanford,

Martin,

Steed of Taylor,

Miller of Muscogee, Stewart,

Mitcham,

'l'hurman,

McBride,

Tigner,

McCurry,

Underwood,

TUESDAY1 DECEMBER 2, 190~.

Walker of Monroe, Wise,

Wilson,

Womble,

"'ooten,

633:

Those voting in the negative were Messrs.-

Alexander, Arnold, Bell of Mllton, Blackburn, Booth, Bower,
Boy kin, Brinson, Brown, Buchannon, Burton, Candler, Crumbly, Davis, Dozier, Duggan, Felder, :B'ranklln, Gaulden, Hall,

Hendry,

Proctor,

Henry,

Rainey,

Hixon of Carroll, Rawls,

Houston,

lteld,

Johnson of Crawford,Hichardson,

Jones of Pickens, Rogers of Mclntosll,.

Kelly,

Rountree,

l(endrick,

Shackelford,

Kent,

Slaton,

Knight,

Spence,

Lane,

Steed of Carroll,

Lawrence,

Stovall,

Mayson,

Valentine,

Mills,

'Vatson,

Mitchell,

Welch,

Moses,

Wellborn,

Mulnerln,

West,

McLain,

Whitley,

Phillips of Quitman, Yates.

Those r.ot voting were Messrs.-

Alford, Ayres, Bell of Emanuel, Bowen, Calvin, Cann, Carr, Carrington, Cllatt, Conner, Cook, Daves, Deal,

Duckett,

Mann,

Edwards,

Maples,

Ennis,

Miller of Bullock,.

l!'oster or Oconee, Mizell,

Foster or '!'owns, Morton,

George,

McRae,

Harden,

Nisbet,

Howard or J,aurens, Owen,

Howell,

Overstreet,

.Johnson of Baker, l?ate of Gwinnett,.

Kilburn,

Paulk of Ootree,

Knowles,

Paulk of Irwin,

Lanier,

Sanders,

-634
Shannon, Strickland, 'l'lwmpson,

JOURNAL OF THE HOUSE.

Tracy,

\Varren,

walker of Pierce. Mr. 8peaker.

The roll-call was verified and it was found that the ayes were 71, nays 58; the amendment was thPrefore adopted.

The next amendment was to amend by making the appropriation to pay pension of widows of Confederate soldiers as may have died in the service, etc., $185,000 in lieu of $195,000.

Also, amend original bill by appropriating to indigent widows of ex-Confederate soldiers $90,000 in lieu of $100,000 as in the original bill.

Also, amend by adding to the paragraph making appropriation for the Geological. department, the following proviso: "provided further, that the State Geologio;t, shall require the acting chemist of the department to assay any ores and analyze any specimens of clay, kaolin and cemEnts that may be sent him by any citizen of this State with a view to ascertaining the commercial value of such ore, clay, kaolin and cements. The Geologist shall charge for su~h service a fee equal the expense incident to making such assay or analysis. The Geologist shall furnish such citizen a certificate giving the result of sueh assay or analysis;" said fees when collected shall be paid into the State Treasury.

Also, amend by adding the following paragraph at the end of section 6:
"For necessary expenses in maintaining the military forces of the State of Georgia for the year 1903 the sum of $20,000. The said sum, or so much thereof as may be .necessary to be expended for the purpose of organizing,

TUESDAY, DECEMBER :! , 1902.

635

arming, equipping, clothing, drilling and training the Georgia State troops; for paying said troops when in actual service; for encampment for said troops; for the payment of armory rents and the administration of the military departments of the State, including necessary clerical assistance, under the direction of the Governor."

On the adoption of the above amendment, Mr. Rankin of Gordon, called for the ayes and nays, which call was sustained and on taking the ballot viva, voce the vote was as follows:

Those voting in the affirmative were :Messrs.-

Alexander, Arnold, Baldwin, Heaucbamp, Blackburn, Hower,
Brinson, Brock,. Brown, Bruce, Hucbannon, Butts, Calvin, Candler, Cann, Carswell, Crumbly, Davis, Davison, Derrick, Dozier, Duggan, Dunbar, Ennis, Evans, .Felder,

l<'ields,

l\llller or l\Iuscogee,

Flynt,

:\Iitcllell,

Franklin,

l\Ioses,

FusseH,

l\1 ulberln,

Grenade,

,\lcUurry,

Grice,

i\ld!llmurruy,

Gritlin,

l\lcHenry,

Hall,

Newton,

Hardeman,

Parker,

Hawes,

Pate or Dooly,

Hendry,

Pate or Uwinnett,

Hicks,

Phillips or J errerson,

Hixon or :::lumter, Phillips of Quitman,

Holder,

Preston,

Houston,

Rainey,

Howard of Baldwin, Rawls,

.Tohnson of Clinch, Held,

Johnson of Crawford,Rice,

Jones of Dougherty, Richardson,

Jones of Pickens, Ridley,

Kendrick,

Rogers of Mcintosh,

Knowles,

Rountree,

Lane,

Shackelford,

Little,

Shannon,

l\Iartln,

Singletary,

Mayson,

Slaton,

63i

jOURNAL OF THE HOUSE.

Spence, Stanford, ~teed of 'l'aylor, Stewart, Stovall, Tigner,

Valentine, Walker of Monroe, Watson, Welch, Wellborn,

Whitley, Wilson, Wise, Womble, woo ten,

Those voting in the negative were :Messrs.-

Adams, Akin, Almond, Beall, Bell or Milton, Booth, Burton, Bush, Duckett,

li'oster of Oconee, Gaulden, Glenn, Henry, Hixon of Ca1'roll, Hutcheson, Kent, l{nlght, Leigh,

Lowe, l'roctor, Rankin, Rogers of Hall, ~teed of Carroll, Thurman,
Underwood, Yates,

Those not voting were Messrs.-

Alford, Ayres, Bell or Emanuel, Bowen, Boy kin, Buchan, Carr, Carrington, cuatt, Donner, Cook, Cromartie, Daves, Deal, Edwards, English, Flanigan, F'oster of '!'owns, George,

Harden,

McRae,

Hayes,

Nisbet,

Howard of Laurens, Owen,

Howell,

Overstreet,

.Johnson of Baker, O'Qulnn.

Kelly,

Paulk of Cotree,

Kilburn,

Paulk of Irwin,

Lanier,

l'eyton,

Lawrence,

Redwine,

l\1ann,

Roper,

l\Iaples,

~anders,

Miller of Bullock, Strickland,

Mills.

Thompson,

Mitcham,

Tracy,

Mizell,

Walker of l'lerce,

Morton,

Warren,

McBride,

West,

l\IcLaln,

Mr. Speaker.

TUESDAY, DECEMBER 2, 19Q2.

63i

By unanimous consent the verification of the roll-call was die.pensed with.

On the adoption of the amendment the ayes were 94, nays 25; the amendment was therefore adopted.

Mr. Davis of Meriwether, called for previous question on the b'ill and pending amendments, which call was sustained and the main question put.

The report of the committee, which was favorable t<J the passag-e of the bill as amended, was agreed to as amended.
An appropr.iation being involved in the bill the ayes and nays were ordered, and on taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, Akin, 1\.lexander, i\.lford, Almond, .Baldwin, .Beauchamp, .Blackburn, Booth, Hoy kin, Brinson, .Brock, Hrown, Bruce, Huchannon, Burton. Butts, '()alvin, Candler, <Jarswell,

Crumbly,

Davis,

Davison,

Derrick,

Dozier,

Duckett,

Duggan,

Dunbar,

]j]nnls,

]j]vanl!,

!<'elder,

Fields,

l'lynt,

Fostl'r of Oconee,

F'ussell,

Gaulden,

George,

Grenade,

Grice,

GrltHn,

.~ ...

Hall, Hawes, Hendry, Hicks, Hixon of Sumter, Holder, Houston, Howard of Baldwin, Hutcheson, Johnson of Clinch, Johnson of Crawford, .Jones of. Dougherty, Jones of Pickens, Lane, Lawrence, Leigh,
Little, l\1 artln, Miller of Muscogee, Mlt<'hell,

638

JOURNAL OF THE HOUSE.

Moses,

Rainey,

l'ltanford,

l\Iulherln,

Hankin,

t::lteed or 'l'aylor,

McCurry,

Ra~Is,

tstewart,

!\fc.I!]Jmurray,

Hice,

Stovall,

~fcHenry,

Richardson,

'l'igner,

Newton,

Ridley,

Walker of Monroe,

Nisbet,

Hogers of Hall,

'Varren,

Parker,

Hogers of Mcintosh, Watson.

Pate of Dooly,

Roper,

'Velch,

Pate of Gwinnett, Rountree,

'Vellborn,

Phillips of J el'l'erson, Shannon,

'Vhitley,

Phillips or Quitman, Singletary,

'Vilson,

Preston,

Sinton,

'Vomble,

Proctor,

Spence,

'Vooten,

Those voting in the negative were Messrs.-

Bell of Milton, Bower, Bush, GIE:nn, Henry,

Hixon of Carroll, Kent, Knight, Lowe, l\Iayson,

Thurman, Underwood, Valentine, Yates,

Those not voting "ere :Messrs.-

Arnold, Aytes, Beall, Bell of Emanuel, Bowen, Buchan, Cann, Carr, Carrington, Cliatt, Conner, Cook, Cromartie, Dave's, Deal, Edwards, lnglish,

Ffnnigan,

i\Iills,

Foster of '!'owns, Mitcham,

Franklin,

Mizell,

Hardeman,

Morton,

Harden,

1\fcBrlde,

Hayes.

life L a i n ,

Howard of Laurens, ~feRae,

Howell,

Owen,

Johnson of Bal,er, Overstreet,

Kelly,

O'Quinn,

Kendrick,

Paulk of Col'l'ee,

Kilburn,

Paulk of Irwin,

Knowles,

Peyton,

Lnniet,

Hedwine,

lllann,

Reid,

.\[a pies,

Sanders,

:\I iller of Bullock, Shackelford,

TUESDAY, DECEMBER 2, 1902.

639

Steed of Carroll, Strickland, Thompson,

'fracy, Walker of Pierce, West.

Wise, Mr: Speaker.

By unanimous consent the verification of the roll-call was dispensed with.

On the passage of the bill the ayes were 102, nays 14.
The bill having received the requisite constitutional majority was passed as amended, and on motion of Mr. Davis the same was ordered immediately transmitted to the Senate.
On motion of Mr. Grice of Pulaski, the session was extended twenty minutes fur the purpose of introducing and reading bills for a first time, which motion prevailed.
The following privilege resolution was read and ordered to lay on the table for one day, to wit:
By Mr. McCurry of Hart-
A resolution providing that the roll-call of the House shall not be furnished to any one except members of the House and those entitled to inspect same.
By Mr. Brinson of Dt)catur-

.A resolution making House Bill No. 249 the special order for Wednesday, Dec. 3d, immediately after the rollcall of the afternoon session.

Referred to Committee on Rules.

<640

JOURNAL OF THE HOUSE.

By Ur. Grice of Pulaski-

A resolution providing for the appointment of a committe of nine from the House, whose duties it shall be to equalize the duties of the superior court judges of this .State, and for other purposes.

The resolution was adopted.

:Mr. Calvin of Richmond asked that 200 copies of House Bills Nos. 5 and 110 be printed. The request was granted.

The following bills were introduced and read the first time, to wit:

By :Mr. Davis of :Meriwether-

A resolution to appropriate the public property fund of $122,973.65 to the payment of the interest of the recognized valid bonds of the State, and for other purposes.

Referred to Committee on Appropriations.

!By :Mr. :Mitcham of Clayton-

A bill to protect fish in the streams of Clayton county, and for other purposes.

Referred to Committee on Counties and County :Matters.

By :Mr. Davidson of Greene-

A resolution authorizing the Treasurer to transfer any surplus fund from any class of pensioners to a~other class where the amount appropriated is insufficient, and for other purposes.

TUESDAY, DECEMBER 2, 1902.

641

Referred to Committee on Pensions.

By Mr. Davidson of Greene-

A resolution authorizing the Pension Commissioner to prorate the money appropriated for the payment of indigent pensions if the sum is insufficient to pay in full.

Referred to Committee on Pensions.

By Messrs. Steed of Carroll and Adams of Putnam-

A bill to amend an Act which authorizes boards of education to ptef'cribe the manner of changing books, etc., and for other purposes.

Referred to Committee on Education.

By Mr. Stovall of Chatham-

A bill to cede jurisdiction over a certain lot of land in Savannah to the U.S. Government, and for other purposes.
Referred to Committee on Corporations.
By Mr. McCurry of Hart-

A bill to authorize Joseph J. Fretwell to b1.1ild a dam across the Savannah river, and for other purposes.
Referred to Committee on Manufacture.

By Mr. McCurry of Hart-

A bill to amend section 3761 of the Code relative to the .enforcement of judgments, and for other purpo~es.
41 h j

642

JOURNAl. OF THE HOUSE

.Referred to General Judiciary Committee.

By Mr. Steed of Taylor-

A resolution to appropriate to the members of the committee to erect a new union passenger depot in Atlanta $100 each.

Referred to Committee on Appropriations.

Leave of absence was granted Mr. Mizell.

The thirty minutes allotted to the reading of bills for a first time having expired the Speaker announced the House adjourned until 9 o'clock to-morrow morning.

Atlanta, Ga., Wednesday, December 3, 1902.

The House met pursuant to adjournment, at 9 o'clock a.m. this day; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called and the following members answered

to their names :



Adams, Akin, Alexander,

Alford, Almond, Arnold,

Ayres, Baldwin, Beall,

WEDNESDAY, DECEMBER 3, 1902.

643

Beauchamp, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Bowen, Bower, Boykin, Brinson,' Brock, Brown, Bruce, Buchan, Buchannon, Burton, Bush, Butts, Calvin, candler, Uann, Carr, Carrington, Carswell, Cllatt, Conner, Cook, Cromartie, Crumbly, Oave,s, Davis, DP-vtJon, Deal, Derrick, Dozier, Duckett, Duggan, Dunbar, Edwards, English, Ennis, Evans, Jrelder, Fields,

l!'lanlgan,

Little,

li'lynt,

r..owe,

li'oster of Oconee. Mann,

Foster of '!'owns, Maples,

J!'ranklln,

Martin,

l!'ussell,

Mayson,

Gaulden,

Mlller of Bullock,

George,

Miller of Muscogee,

Glenn,

Mills,

Grenade,

Mitcham,

Grice,

Mitchell,

GrUHn, Hall,

Mizell,

!.

Morton,

Hardeman,

Moses,

Harden, Hawes,

Mulherin, McBride,

.~~

Hayes,

McCurry,

Hendry,

McElmurray,

Henry,

McHenry,

Hicks,

McLain,

Hixon of llarroll, McHae,

Hixon of Sumter. Newton,

Holder,

Nisbet,

Houston,

Owen,

Howard of .Baldwm, Overstreet,

Howard of Laurens, O'Quinn,

Howell,

Parker,

Hutcheson,

Pate of Dooly,

Johnson of Bak.,., Pate of Gwinnett

Johnson of Clinch, Paulk of Uolfee,

Johnson of Crawford,Paulk or Irwin,

Jones of Dougherty, Peyton,

.Tones of PickenP, Phillips of Jelferson;

Kelly,

l'hllllps of Quitman,

l(endr!ck,

Preston,

Kent,

Proctor,

I{ilburn,

Rankin,

Knight,

Rawls,

I{nowles,

Redwine,

Lane,

Reid,

Lanier,

Rice,

Lawrence,
r..eigb,

Richardson, Ri.dley,

644

JOURNAl. OF THE HOUSE.

Rogers of Hall,

Steed of Taylor,

Rogers of Mcintosh, Stew&rt,

Roper,

StoYall,

Rountree,

Strickland,

Sanders,

Thompson,

Shackelfor<t,

Thurman,

Shannon,

Tigner,

Singletary,

'!'racy,

~laton,

Underwood,

Spence,

Valentine,

Stanford,

Walker of Monroe,

Steed of Carroll, \Vanen,

'Vatson, welch, Wellborn,
'Vest, Whitley, Wilson, Wise, Womble, Wooten, Yates, Mr. Speaker.

Those absent were Messrs.-

Rainey,

'Valker of Pierce,

Mr. Flanigan of Gwinnett, reported that the Journal of yesterday's proceedings bad been examined and found <lorrect.

On motion of Mr. Brown of Houston, the reading of the Jourual was dispensed with.

Leave of absence was granted the Special Committee on Soldiers Home for a part of the morning session.

By unanimous consent House bill, No. 199, was recommitted to the Special Judiciary Committee.

By unanimous consent, Mr. Calvin, Chairman of the Committee on General Agriculture, submitted the following report:

Mr. Speake/':
The Committee on General Agriculture have had under consideration House bills numbered respectively 5 and 110-said bills haYing in view the better protection of

WEDNESDAY, DECB:MBER 3, 1902.

645

game and fish-and have instructed me to report the same back to the House with a recommendation that the same pass by substitute.

Also, a joint resolution, No. 87, authorizing the Commissioner of Agriculture, with the approval of the Governor, to make an exhibit of Georgia's agricultural products at the Louisana Ptuchase Exposition at St. Ltmis, Mo., in 1904, and recommend that the same do pass.
Also, House bill, No. 96, proposing to change the locatiun of Georgia State College ot Agriculture trom Athens to Comer, in this State, and recommend that same do not pass.
Also, Hous~ bill, No. 309, proposing the repral of an Act, approved Dec. 17, 1901, as to contracts with croppers, et al., and recommend that same d!> not pass.
Respectfully submitted,
MARTIN V. CALVIX, Chail'man.

By unanimous consent, Mr. Hawes, chairman of the
Committee on Pensions, submitted the following report:

Hr. Speaker :
The Committee on Pensions have had under consideration the following House bill which I am instructed to repott back to the House with the recommendation that the same do pass, to wit:

A bill to provide for disbursement of Pensions provided by law in this State; and to constitute the ordinaries as disbursing officers, and for other purposes.
Respectfully submitted, P. M. HAWES, Chairman.

646

JOURNAL Oll' THE HOUS&

By unanimous consent, Mr. Slaton, chairman of the Committee on General Judiciary, submitted the following report:

Mr. Speaker:
The Committee on General Judiciary have had under consideration the following Senate bill which I am instructed, as chairman, to report back with the recommendation that the same do pass, to wit :

A bill to change the time of meeting of the General Assembly from the fourth Wednesday in October to the fourth Wednesday in June, and for other purposes.
Also, the following Senate bill with the recommendation that the same do not pass, to wit :

A bill to change the time of holding the elections for Governor and other State house officers, members of the General A8sembly, judges ot the Supreme and superior courts, solicitor;;-general, and all county officers from the first Wednesday in October to Tuesday after the first Monday in November, and for other purposes.

Also, the following Honse bill with the recommendation that the same do pass, to wit :

A bill to fix a 8alary for the clerks of courts of ordinary in counties of 20,000 inh.abitants or more, and for other purposes.
Respectfully submitted,
JoHN M. SLATON, Chairman.

The following privilege resolution was read, to wit:

WEDNESDAY, DECEMBER 3, 1902.

647

By Mr. Slaton of Fulton-

A rf'solution to make the Senate bill ptoviding for a change in the time of holding the sessions of the General Assembly the special order to follow the special orders already set.

Referred to Committee on Rules

The Speaker stated that the "Franchise Tax Act," which bad been made the special order to follow the "General Appropriation bill," would now be taken up for a third reading and put upon its passage.

Mr. Felder of Bibb rose to a point of order, and stated t.hat by previous resolution House bill 281, which is a bill ~'to provide for the dispositiou of the misdemeanor convicts of this State," had been fixed as a special order to follow the "appropriation bill," and, by right, should have precedence of the "Franchise Tax Act."

The Speaker overruled the point of order.
Mr. Felder of Bibb theu introduced the following privilege resolution, which was read and adopted, to wit:

Resolved, That all debate on House bill No. 272, known as the ''Franchise Tax Act," be limited to ten minutes to each speaker.

. The following message was received from the Senate through Mr. Northen, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:

648

JOURNAL OF THE HOUSE.

A bill to be entitled an Act to amend the charter ot the
city of Hamilton, in Harris county, relating to the compensation of the ma~:shal.

A bill to be entitled an Act to establish the city court of Hamilton, in Harris county, and for other purposes.
A bill to be entitled an Act to amend an act entitled an Act to amend the charter of the town of Maysville, in Jackson and Banks counties, so as to provide for school bonds.
A biil to be entitled an Act to amend the charter of the city of Tennille, enlarge the corporate limits, and for other purposes.

A bill to be entitled au Act to amend an Act creating the charter of the city of Mi!Iedgeville, Bald win county, Ga.
A bill to be entitled an Act to extend the corporate limits of the city of Carrollton, in the county of Carroll, and for other purposes.

A bill to be entitled an Act to incorporate the village of Obe, in the county of Colquitt, into the town of Norman Park, and provide a charter therefor, and for other purposes.

A bill to be entitled an Act to amend an Ar.t entitled "an Act to create a county court in each county of the State of Georgia, except certain counties therein mentioned," so flu as relates to the county of Greene.

A bill to be entitled an Act to provide for removal of obstructions, except dams used for operating mills or rna-

WEDN.ESDAY1 DECEMBER 3, 1902.

649'

chinery, from creeks and other running streams In the county of Monroe, and for other purposes.

A bill to be entitled an Act to incorporate the town of Edison, in the county of Calhoun, and lor other purposes.

A bill to be entitled an Act to repeal an Act entitled an Act to establish the city court of Jefferson, in Jackson county, and for other purposes.

A bill to be entitled an Act to amend section 982 of volume 1 of the Code of Georgia of 189.5, so as to add the city of Barnesville, in Pike county, to list of State depositories.

A bill to be entitled an Act to repeal an Act incorporating and amending the charter of the town of Jonesboror Georgia, and lor other purposes.

A bill to be ~ntit led au Act to amend, consolidate and supersede the several acte incorporating the city of Sandersville, in the county of 'Vashington, to create a new charter, and for other purposes.

A bill to be entitled an Act to incorporate the town of Statham, in Jackson county, and for other purposes.

A bill to .be entitled an Act to change and fix the time of holding the superior eourt of Greenf) county, in the Ocmulgee Circuit, and for other purposes.

A bill to be entitled an Act to amend an Act incorporating the town of Fayetteville, so as to make it the city of Fayetteville, and for other purposes.

A bill to be entitled an Act to extend the corporate limits

650

JOURNAI. OF THE HOUSE.

ofthe city of Albany, Ga., by incorporating contiguous territor.y, and for other purposes.

A bill to he entitled an Act to amend the charter of the city of V aldusta, and for other purposes.

A bill to be entitled an Act to incorporate the town of Finleyson in Pulaski county.

A bill to be entiled an Act to alter and amend the charter of the city of Cedartown, in Polk county, as incorporated in the Act of the General Assembly of Georgia; to repeal so much of section 2 of said Act as provides for the manner of electing the clerk and to provide for the election of the clerk; to repeal so much of section 4 of said Act as provides for the appointment of managers and clerks and to provide for the appointment of manugers to hold the city election, and for other purposes.

A bill to be entitled an Act to amend an Act creating a new charter for the town of Temple, Ga., by amending section 3, and repealing section 13 of said charter, and for other purposes.
A bill to amend section 511~ of the Civil Code of Georgia, so as to allow executions to be amended by clerk of court from which same were issued, so as to conform to amended judgments.

A bill to be entitled an Act to establish the city court of Waynesboro.

The following message was received from the Senate through Mr. Northen the Secretary thereof:

WEDNESDAY, DECEMBER 3, 1902.

651

Mr. Speaker:

The Senate ha9 passed by the requisite constitutional majority the following. bills of the House, to wit:

A bill to be entitled au Act to amend au Act to create a board of police commissioners for the city of Augusta in this State, and for other purposet~.

A bill to be entitled an Act to prescribe the manner of selling or otherwi::~e dispensing of cocain, to provide a penalty for the violatiun of the provisions of this Act, and for other purposes.

A bill to amend the charter of the city of Rome, prescribing the dnties, powers and terms of office of mayor and councilmen.
A bill to be entitled an Act to amend an Act entitled an Act to create a board of commissioners of roads and revenues for Glynn county, and for other purposes.
A bill to be entitled an Act to create a board of commissioners of roads and revenues for the county of DeKal b, aud for other purposes.
A bill to be entitled au Act to repeal au Act incorporating the town of Statham, iQ Jackson county, and also to repeal an Act entitled an Act to incorporate the town of Statham in Jackson county.

A bill to repeal an Act entitled an Act incorporating the town of Ocilla, and the several Acts amendatory thereof: and for other purposes.

The following communication from the Prison Commission was read, to wit:

652

JOURNAL OF THE: HOUSE.

OFFICE OF THE PRISON
CoMMISSION oF GEORGIA.
Atlanta, November 26th, 1902.
To the Speaker and jfembers of tlte !louse of Representatives:
In obedience to House resolution, No. 76, read ard adopted November 24th iust., the Prison Commission beg leave to report.
Under and by virtue of the authority conferred upon the Commission by the Act approved December 21st, 1897, they hirrd to the Parrott Lumbet Company, a corporation located in Dooly courHy engaged in sawmilling,. the labor of 130 male convicts; that the said Parrott Lumber Company, by and with the approval of the Pri;;on Commission, did contract with the Mill Haven Lumber Company, a corporation located in Chatham county, near Savannah; engaged in a similar business, to wit, sawmilling, to sublet to them, for the remainder of their original contract with the State, which runs until April 1st, 1904, the labor of the said 130 male convicts. Said contract was approved by the Prison Commission on September 23d last, as follows: "Whereas the Parrott Lumber Company has exhibited to the C.>mmission, for apprJval, a contract with the Mill Haven Company, by which the first named company has sublet to the second named company the labor of 130 convicts, now being worked for them at their sawmill in D,>oly county, to be worked fi>r the second named company at their mill in Chatham county, near Savannah; and wherea!-', by this contract it appears that the State will be at no greater expense in working said c0nvicts for the second named company, than it was in carrying ont the contract with the first named company, it is resolved that said contract be, and it is hereby approved, but

WEDNESDAY, DECEMBER 3, 190~.

653

it is distinctly understood that neither the first named company, nor its bond, are in any respect relieved of li~bility On its original contract."
The Prison Commission desires to say further, that they have entered into no contract, nor permitted any subletting under original contracts, that were not strictly in conformity with the letter and the spirit of section 10 of the Act approved December 21st, 1897, which declares, "that the couvi(!ts, shall as far as possible consistent with the best interest of the State, be so worked that the products of their labor shall come least in competition with that of fr~e labor;'' and under the contract with the Parrott Lumber Company, as also their CtJntract with the Mill Haven Company, the Prison Commission undertands that no competition will obtain except with unskilled, itinerant labor, and that to a very limited extent.
The Prison Commission most respectfully refers the members of the Houl'e to their last annual report, of October 1st, 1902, and more e~p~cially to Table No. 11 therein, for all necessary information as to location of every felony convict in their charge, and the character of work being performed by them.
In conclusion, the Prison Commission would answer that it has been the intention of their body, and they have studiously sought, to confine the working of the felony convicts in their charge so that the spirit and the letter of the Act creating the Prison Commission should be complied with.
Respectfully submitted.
THE PRISON CoMMISSIO~ OF GEORGIA,
Per JosEPH S. TuRNER, Chairman.

The following message was received from the Senate through Mr. Northen, the secretary thereof:

654

JOURNAL OF THE HOUSE.

JJ[ r. S peal.:er:
Th~ Senate has passed by the requisite constitutional majority the following bill of the House, to wit:

A bill to be entitled an Act to amend an Act to establish a city court in the county of Bartow, and for other purposes.

The following message was received from the Governor through Mr. Erwin, his secretary :

Mr. Spealcer:

The Governor has approved the following Acts of the General Assembly, to wit:

An Act to amend the charter of the city of Columbus.

Also, an Act to provide a new charter for the town of Edgewood in DeKalb county, so as to change name to the city of Edgewood.

Also, an Act to amend the charter of the city of Columbus, so as to provide a system of water works.

The following message was received from the Senate through Mr. Northen, the secretary thereof:

lif1". Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit :

A bill to be entitled an Act to amend section 15-ll of vol. 1 of the Code of Georgia, which prescribes the num-

WEDNESDAY, DECEMBER 3, 1902.

650

. ber of names to be signed to petitions for elections for and against the sale of liquor, and for other purposes.

A hill to be entitled an Act to require defendant in all cases at common law or in equity' in the courts of record of this State, in which defendant shall in his answer set up new matters not controverting the plaintiff's petition, and for other purposes.

A bill tl) be entitled an Act to make it a misdemeanor to be intoxicated upon any street or public road of this State, and for other purposes.

A bill to be entitled an Act for the protection of the officers and employees of the Georgia penitentiary at the vari.ous camps throughout the State, and for other purposes.

The Senate has also passed the following resolutions of the Senate, to wit :

A resolution authorizing the burning of cancelled bonds and coupons of the State, now in the treasury's vaults.

A rE'snlution. A joint resolution requesting our Senators and Representatives in Congress, have the United States reimburse this State in certain Indian war claims.

A resolution to autho1ize the Brumby Memorial Association to erect a monument upon the capital grounds to commemorate the services of Lieut. Thomas M. Brumby.

A resolution for the appointment of Senators and Representatives to visit the College of Agriculture, and for other purposes. Committee on part of Senate-!;enators Jordan, Stevens, Roberts, Clarke and Clements.

.656

JOURNAL OF THE HOUSE.

The Speaker then directed that the bill be read, which ,was as follows:

By M1, Reid of Campbell-

A bill to be entitled an Act to amend section 767, vol.ume 1 of the Oode of Georgia, relative to the taxation of franchises, etc., and for other purposes.

The committee offered a substitute to the above bill, which Mr. Canu of Chatham held not to be germane to the original bill.

The point of order made by Mr. Cann was sustained by the Speaker.

Mr. Candler then arose and respectfully appealed from the decision of the Ohair.
Mr. Underwood of White called for the previous question, which call was sustained and the main question put.
On sustaining the decision of the Chair, Mr. Candler .called for the ayes and nays, which call was sustained and on taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Arnold, Baldwin, Hell of lJJmanuel, ~lack burn, Booth, Bo\ver, Bruce, Butts, .Calvin,

Cann, Crumbly, Daves, Davis, Davlsou, Derrick, Duckett, Ennis, Foster of 'l'owns,

l!'ranklln, G1enade, Grittin, Hardeman, Hawes, Hixon of ~umter, Holder, Howard of Baldwin, Jones or l'ickentl,

WEDNESDAY, DECEMBER 3, 1902.

657

Lawrence. Miller of Muscogee, Mills, Moses, Mulherin, McCurry, McLain,

Peyton, Held, Roper, Sanders, Slaton, Steed of 'l'aylor, Stovall,

'.rlgner, Warren, Watson, Wellborn, wuson, Womble, .,Vooten,

Those voting in the negative were Messrs.-

Adams,
~kin,
Alford, Almond, Ayres, Beauchamp, Hell of Milton, Hoy kin, Brinson, Brock, Brown, Buchan, Buchannan, Burton, Bush, Candler, Carrington, Carswell, Cllatt, Conner, Cook, (jromartie, Dozier, Duggan, Dunbar, Edwards, Jj]ngllsh, Evans, !'elder, .l!'ields, Flanigan, Flynt,
42 h j

l!'oster of Oconee, .M:c}j]lmurray,

Fussell,

McHenry,

Gaulden,

McRae,

George,

Newton,

Glenn,

Nisbet,

Grice,

Owen,

Hall,

Overstreet,

Hayes,

O'Quinn,

Hendry,

Parker,

Henry,

Pate of Dooly,

Hixon of Carroll, Pate of Gwlnnett,

Houston,

Paulk of Cotree,

Howell,

Paulk of Irwin,

Hutcheson,

Phlllips of Quitman,

Johnson of Baker, Preston,

Johnson of Clinch, Proctor,

Johnson of Crawrord,Rankin,

J{elly,

Rawls,

Kendrick,

Hedwine,

l~ent,

Hice,

Knight,

Riohardson,

J,ane,

Ridley,

Lanier. Leigh,

Rogers of Hall, Rogers of Mcintosh,

Little,

Rountree,

Lowe,

Shackelford,

Mann,

Shannon,

Martin,

Singletary,

Mayson,

Spence,

Miller of Bullock, Steed of Carroll,

Mitchell,

Stewart,

Mizell,

Thompson,

658
Thurman, Tracy, Underwood, Valentine,

JOURNAl, OP THE HOUSE.

Walker of Monroe, Whitley,

Welch,

Wise,

'Vest,

Yates,

Those r.ot voting were :Messrs.-

Alexander, Beall, How en, Carr, Deal, Harden, Hicks,

Howard of Laurens, McBride,

Jones of Dougherty, Phillips of Jerrerson,

Kilburn,

Rainey,

Knowles,

Stanford,

Maples,

Strickland.

l\1ltcham,

walker of Pierce,

Morton,

Mr. Speaker.

The roll-call was verified and it was found that the ayes were 48, nays 106. The decision of the Chair was therefore reversed and it stood as the sense of the House that the substitute offered by the committee to House bill No. 272 was germane.

On motion of Mr. Mulherin of Richmond, the House adjourned until 3 o'clock this afternoon.

3 O'clock p.m.
The House reconvened at 3 o'clock p.m., and was called to order by the Speaker.
On motion of Mr. Kent of Johnson, the roll-call was dispensed with.
The franchise tax Act, which was read this morning, was again taken up for a consideration by the House.
Mr. Evans of Washington, called for the previous question on the bill and pending amendments, which call was sustained and the main question put.

WEDNESDA~, DECEMBER 3, 1902.

65!)

The committee offered the following amendments, to wit:
To amend the caption of the bill by inserting between the worde "1895" and "by,'' in the second line thereof the following words: "providing what property in this State is taxable.''

To amend by striking from the bill the words "the capital stock or," wherever they occur in the bill.
The amendments offered by the committee were adopted.

On the adoption of the report of the committee, which was favorable to the passage ot the bill by substitute, Mr. Akin of Bartow, called for the ayes and nays, which call was sustained.

On taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, Akin, Alford, Ayres, Baldwin, Beauchamp, Bell of Milton, Bowen, Bower,
Brinson, Brock, Brown, Buchannon, Burton, Bush, Butts, Candler,

Carrington, Carswell, Cllatt, Conner, Cook, Cromartie, Daves, Davison, Dozier, Duggan, English, Evans, Felder, Fields, Flanigan, 1r1ynt, Foster of Oconee,

li'usseH, Gaulden, George, Glenn, Grice, Hall, Hardeman, Hayes, Hendry, Henry, Hicks, Hixon of Carroll, Hixon of Sumter, Holder, Houston, Howard of Baldwin, Howell,

660

JOURNAL OF THE HOUSE.

Hutcheson,

McLain,

Roper,

Johnson of .Haker, :Mcltae,

Rountree,

Johnson of Olinch, Newton,

Sanders,

Johnson of urawford,Nisbet,

Shackelford,

Jones of Pickens, Owen,

Shannon,

Kelly,

Overstreet,

Singletary,

Kendrick,

O'(.,luinn,

Stanford,

Kent,

l'ate of Dooly,

Steed of Uarroll,

Knight,

Pate or Gwinuett, Stewarc,

Lane,

Paulk of Uotree,

Strickland,

Lanier,

Paulk or Irwin, Thompson,

Lawrence,

Phillips or J etrerson, 'l'hurman,

Leigh,

Phillips of Quitman, Tigner,

Little,

Preston,

Tracy,

Lowe,, l\Iann,

l'toctor, Rainey,

Underwood, Valentine.

l\Iartin, Mayson, 1\Illler of Hnllock, Mitcham, Mitcllell, Mizell, Moses, McElmurray,

Rankin,

Walker of Monroe,

H a w is,

'Velch,

Hedwine,

West.

Rice,

Whitley,

!Uchardson,

Wise,

Ridley,

Womble,

Hogers or Hall,

Wooten.

Rogers of Mcintosh, Yates.

McHenry,

Those voting in the negative were Messrs.-

Alexander, Bell of Emanuel, Blackburn, Booth, Bruce, Ualvln, Uann, Urumbly,

Davis,

Mulllerln,

Duckett,

McUurry,

l<'oster of '!'owns, Peyton,

Grenade,

Held,

GrltHn,

Slaton,

Harden,

Steed of Taylor,

Hawes,

Stovall,

Jones of Dougherty,

Those not voting were Messrs.-

Almond, Arnold, He all,

Boy kin, Buchan, Uarr,

Deal, Derrick, Dunbar,

WEDNESDAY, DECEMBER 3, 1902.

661

Edwards,

Mlller or Muscogee,

Ennis,

M!lls,

l!'ranklln,

Morton,

Howard of Laurens, McBride,

Kilburn,

Parker,

Knowles,

Spence,

Maples,

Walker of. Pierce, Warren, Watson, Wellborn, Wilson, Mr, Spealter.

The roll-call was verified and it was found that on agreeing to the report of the committee the ayes were 124, nays 23. The report of the commitee was therefore adopted.

On the adoption of the substitute offered by the committee for the original bill, Mr. Reid of Uampbell, called for the ayes and nays, which call was sustained, and on taking the ballot viva voce the vote was follows :

Those voting in the affirmative were Messrs.-

Adams, Aldn, Alexander, Alford, Arnold, Ayres, Baldwin, Beauchamp, Bell ot Milton, Bowen, Bower,
Brinson. Brock, Brown, Bu.channon, Burton, Bush, Butts, Candler, Carrington, Carswell, Cllatt,

Conner, Coolt, Crumbly, Daves, Davis, Dozier, Duggan, Edwards, English, Evans, l!'elder, l'ields, Flanigan, Flynt, l<'oster of Oconee, Fussell, Gaulden, George, Hlenn, Grenade, Grice, Hall,

Hardeman, Hayes, Hendry, Henry, Hicks, Hixon ot Carroll, Hixon ot Sumter, Holder, Houston, Howard ot Baldwin, Howell, Hutcheson, Johnson of Baker, Johnson of Clinch, Johnson of Crawford, Jones of Dougherty, .l:Ones of Pickens, Kelly, Kendrick, Kent, Knight, Lane,

662

JOURNAl. OF THE HOUSB.

Lanier, Lawrence, Leigh,
Little, Lowe, Mann, Martin., Mayson, Mlller of Bullock, Mitcham, Mitchell, 1\flzell, Moses, McCurry, McElmurray, McHenry, McLain, 1\If'Hae, Newton, Nisbet, Qwen, Overstreet, O'Qulnn,

Parker,

Shannon,

Pate of Dooly,

Singletary,

Pate of Gwlnnett, Slaton,

Paulk of Oolfee,

:Stanford,

Paulk of Irwin,

Steed of Carroll,

Phillips of J elferson, Stewart,

Phillips of Quitman, Strickland,

Preston, Proctor,

Thompson, Thurman,

Rainey, Rankin,

Tigner, .rracy,

Rawls,

Underwood,

Redwine,

Valentine,

Reid,

Walker of Monroe,

Rice,

We!eh,

Richardson,

Wellborn,

Ridley;

West,

Rogers of Hall,

WhitlE'y,

Rogers of Mcintosh, Wise,

Hoper,

Womble,

Rountree,

Wooten,

Sanders,

Yates.

Shackelford,

Those voting in the negative were Messrs.-

Beall, Hell of Emanuel, Blackburn, Booth, Bruce, Oalvln,

Oann, Derrick, Duckett, l!'oster of '!'owns, l<'ranklln, Grlttln,

Harden, Hawes, Mulherin, Stovall, \Varren,

Those not voting were Messrs.-

Almond, Hoykln, Buchan, Oarr, Oromartie, Davison, Deal, Dunbar,

Ennis,

McBride,

Howard of Laurens, Peyton,

Kilburn,

Spence,

Knowles,

Steed of Taylor,

Maples,

Walker of Pierce,

Mlller of Muscogee, Watson,

Mills,

Wilson,

Morton,

Mr. Speaker.

WEDNESDAY, DECEMBER 3, 1902.

663

The roll-call was verified and it was found that on the adoption of the substitute offered by the committe, the ayes were 134, nays 17.
The bill having received the requisite constitutional majority, was passed by substitute.

On motion of Mr. Candler of DeKalb, the bill was ordered immediately transmitted to the Senate.

Mr. Franklin of Washington moved to extend the afternoon's session for thirty minutes for the purpose of intro~ ducing new bills, reports of standing committees, and privileged resolutions and reading local and special bills for a second and third time.

The motion prevailed.

The " General Tax " Act, which was set as a special order to follow the " Franchise Tax Act," was read the third time and put upon its passage, to wit :

. By Mr. Reed of Campbell-
A bill to levy and collect a tax for the support of the executive, judicial and legislative departments of the State Government, and for other purposes.

The bill was read section by section, and the following

amendments were offered, to wit :



Qn motion of Mr. George of Morgan, that part of section 1, which fixes the rate of taxation, was passed ovP..r until the rest of the bill should have been considered.
The committee proposed the following amendment, to wit:

664

JOURNAL OF THE HOUSE.

Amended by adding the following subsection to section I, to be known as subsection "A,'' to wit:
" A.'' " Every ' Special Franchise ' owned, used, enjoyed or held in the State by any person or persons, joint stock association, copartnership, corporation or company~ shall be returned and assessed for taxation, State, county and municipal, as personal properly to the proper authorities. The term ' Special Franchise ' as used in this Act, shall include every right and privilege granted to any person or persons, joint stock association, copartnership, corporation or company, by the State or its authority, or by any county or any county officer or officers, or by any municipality or municipal authorities, for the exercise of the power of eminent domain, or for the use of any publh~ highway or street or any part thereof, either above or on or below the surface, within the State of Georgia. And every special right granted by charter, resolution, by-law, statute or otherwise for the exercise of any public service, such as the construction and operation of railroads of any kind, for the conveying or transporting of passengers or freights, the construction or operation of any plant or . plants for the distribution and '>ale of gas, water, electric light or power, steam heat, refrigerated air or other substances or elE.>ments, by means of wires, pipe!! or conduits made or laid or constructed on, under or above or along any public street, alley or highway, or for the construction or operation of ~ny telegraph or telephone lines on, under or above or along any public street, alley or highway, and belonging to the people of the State or any political division thereof; all rights and privileges to construct, maintain or operate toll-roads or toll-bridges or toll-ferries, and every other like p11blic function dependent upon the grant of public powers or privileges, or for the use or enjoyment of any public property or utility."

THURSDAY, DECEMBER 4, 1902.

665

The above amendment was adopted.

The hour of adjournment of the regular session having arrived, the general t,ax Act was carried over as unfinished business, and the special session of ~0 minutes, which. was provided for the reading of local bills was begun.

The following privileged resolution was read and referred to the Committee on Rules, to wit :

By Mr. Preston of Jasper--

A resolution extending the privileges of the floor of the House to Messrs. Roby and Stewart of the counties of Jas- per and Newton, respectively.

Leave of absence was granted Mr. Moses of Coweta.

On motion of Mr. Felder of Bibb, the House adjourned until 9 o'clock to-morrow morning.

Atlanta, Ga. Thursday, December 4, 1902.
The House met pursuant to adjournment at 9 o'clock a.m. this day ; was called to order by the Speaker and opened with prayer by the Chaplain.
The roll was called and the following members answered to their names:

666

JOURNAL OP TJIB HoUS&

Adams,

Akin,

~lexander,

Alford,

Almond,

Arnold,

Ayres,

Baldwin,

Beall,

Beauchamp,

Bell of Emanuel,

Hell of Milton,

Blackburn,

Booth,

Bowen,

Bower,

Hoykln,

Brinson,

Brock,

Brown,

Bruce,

Buchan,

Huchannon,

Burton.

Bush,

Butts,

Calvin,

Candler,

{)ann,

Carr,

'Carrln,gton,

Carswell,

Cllatt,

Conner,

'Cook,

Cromartie,

crumbly,

Daves,

Davis,

Davison,

Deal,

Derrick,

Dozier,

.,.

Duckett,

Kent,

Duggan,

Kilburn,

Dunbar,

Knight,

Jjldwards,

Knowles,

J!:ngllsh,

Lane,

l!:nnls,

Laniel',

~!:vans,

Lawrence,

l<'eldt>r,

Leigll,

.l<'lelds,

Little,

l''fanlgan,

Lowe,

Flynt,

Mann,

Fostn or Oconee, l\lartln,

Foster of '!'owns, Mayson,

l'ranklln,

Miller or Bullock,

J'ussell,

Miller or Muscogee,

Gaulden,

Mills,

George,

Mitcham,

Gl:nn,

1\f ltchell,

Grenade,

Mizell,

Grice,

Moses,

Grlttln,

Mulherin,

Hall,

McBride,

Hardeman,

McCurry,

Harden,

McElmurray,

Hawes,

McHenry,

Hayes,

McLain,

Hendry,

Newton,

Henry,

Nisbet,

Hicks,

owen,

Hixon or Carroll, Overstreet,

Hixon or Sumter, O'Qulnn,

Holder,

Parker,

Houston,

. Pate of Dooly,

Howard or Baidwin, Pate or Gwinnett,

Howell,

Paulk of Col'l'ee,

Hutcheson,

Paulk of Irwin,

Johnson or Balcer, Peyton,

Johnson of Clinch, Phillips of Jetrerson,

.Tohnson of Crawford, Phillips or Quitman.

.Jones of Dougherty, Preston,

Jones of Pickens, Proctor,

Kelly,

Rainey,

Kendrick,

Rankin,

THURSDAY, DECEMBER 4, 1902.

667

Rawls,

Slaton,

Redwine,

Spence,

Reid,

~tanford,

Rice,

Steed of Carroll,

Richardson,

!:!teed of 'l'aylor,

Ridley,

Stewart,

Rogers of Hall,

Stovall,

Rogers of Mcintosh, Strickland,

Roper,

Thompson,

Rountree,

Thurman,

Sanders,

Tigner,

Shackelford,

Tracy,

Shannon,

Underwood,

Singletary,

Valentine,

'Valker of Monroe, Warren, Watson. Welch, Wellborn, West. Whitley, Wilson, Wise, Womble, Wooten, Yates. Mr. Speaker.

Those nbsent were Messrs.-

Howard of Laurens, Morton,

,\laples,

~fcHae,

Walker of Pierce,

Mr. Flanigan of Gwinnett reported that the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then read and confirmed.
The following privilege resolution was read, to wit:

By Mr. Fields of Dooly-

.A resolution providing that beginning with December 4th, beginning at 8 o'clock p.m., the House hold evening sessions for the special purpose of considering local and special bills and resolutions first, second and third time.
The following amendments were read and adopted:

By Mr. Brinson of Decatur-
Amend by making resolution cover all general bills for first and second reading.

668

JOURNAL OF THK HOUSE.

By Mr. Steed of Taylor-

Amend by inserting the words "from 8 to 9:30 o'clock p.m."

The resolution was then adopted as amended.

Mr. Shannon of Monroe, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
The Committee on Counties and County Matter;; have had under consideration the following bills and instruct me as their chairman to report back the same with the recommendation that the same do pass :

By Mr. Crumbly of Stewart-

A bill to establish dispensaries in the incorporated towns of Stewart county, Ga., for the sale of spirituous liquors, and for other purposes.

The committee have also had under consideration the following resolution and recommend that the same do pass:

By Mr. George of Morgan-
A resolution giving the city council of the city of Madison, Ga., authority to increase for the year ending April, HJ03, the salary of the mayor of said city to not exceeding the sum of $325.

The committee further recommend that the author of the following bill be permitted to withdraw the same.

THURSDAY, DECEMBER 4, 1902.

669

By Messrs. Rogers and Thompson of Hall-

A bill to incorporate the town of Oakwood in the county -of Hall, and for other purposes.
RespE'ctfully submitted. JNo. R. SHANNON, Chairman.

Mr. Reid, chairman of the Committee on Ways and Means, submitted the following report:

Jfr. Speake1:

Your Committee on Ways a~d Means have had under -consideration the following bills of the House which they instruct me to report back with the recommendation that the authors be allowed to withdraw them, to wit:

By Mr. Reid of Campbell-

A bill~to be entitled an Act to amend section 779, volume 1 of the Code of 1895 by inserting certain words therein, and for other purposes.

By Mr. Reid of Campbell-

A bill to be entitled an Act to amend section 780, volume 1 of the Code of 1895 by inserting certain words therein, and for other purposes.

By Mr. Candler of DeKalb-
A bill to be entitled au Act to provide for an organization tax on all corporations incqrporated under the laws of this State; to prescribe the amount of the same, the manner of assessment and collection of such tax; to provide a .penalty for failure to pay the same, and for other purposes.

670

JOURNAL OF THE HOUSE.

Also, the following bill of the House which they instruct me to report back to the House with the recommendation that the same be referred to the General Judiciary Committee, to wit:

By Mr. Stanford of Harris-

A bill to be entitled an, Act to relieve Mrs. Lula Murphy from her marital disabilities and to legalize her marriage to John S. Garner, and for other purposeR.
Also the following House resolution which they instruct me to report back to the House with the recommendation that the same do pass, to wit:

By Messrs. Candler of DeKalb, and George of Morgan-
A resolution providing for the appointment of a tax commission, prescribing its duties and powers, fixing its compensation and designating the time within which its duties shall be performed.

Also, the following resolution of the Senate which they instruct me to report back to the House with the recommendation that the same do not pass, to wit:

By Mr. Harrell of the 8th District-

A joint resolution directing that the assessment on all taxable property of this State for each of the fiscal years of 1902 and 1903 shall not exceed five mills for all purposes.

Respectfully submitted.

C. S. REm, Chairman.

THURSDAY, DECEMBER 4, 1902.

671

Mr. Flynt, chairman of the Committee on Special Judiciary, submitted the following report :

Jlr. Speaker:
Your committee having had under consideration the following House bills instruct me as their chairman to report them to the House with the recommendation that the same do pass :
By Mr. Fields of Dooly-

To amend an Act to incorporate the city of Cordele, in th~ county of Dooly.

By Mr. O'Quinn of Wayne-
To enlarge the powers of the Railroad Commission of Georgia.

By Mr. O'Quinn of Wayne-
. To compel r11.ilroads in this State to run one train each way daily except Sunday, and for other purposes.
By Mr. Fields of Dooly-

To amend an Act to incorporate the city of Cordele, in the county of Dooly, and for other purposes.

By Mr. Fields of Dooly-
A bill to be entitled an Act to require all railroad companies in this State to construct and maintain specified crossings at all public road crossings in this State.

]OUB.NAL OF THB HOUS&
I am instructed to report the following House resolution with the recommendation that it do pass by substitute:

By Mr. Booth of Walton-

To relieve G. S. Duke from taxes for the years 1898 .and 1899 as a manufacturer of whisky.

I am instructed to report the following Senate bill back with the recommendation that the same be referred to Committee on Sanitation :

I am instructed to report the following hill back with the recommendation that the same be referred to General'Ju.diciary Committee.

Respectfully submitted.

J. J. FLYNT, Chairman.

Mr. Adams, chairman of the Committee on Temperance, submitted the following report :
Mr. Speaker:
The Committee on Temperance having had under consideration the following bill report same back to the House with the recommendation that it do pass, to wit:
By Mr. Edwards of Marion-
House bill No. 436, to amend the dispensary Act for Buena Vista, Marion county.
GEo. W. ADAMs, Chairman.

THURSDAY, DECEMBER 4, 1902,

673

Mr. Davis, chairman of the Committee on Appropriations, submitted the following report :

Mr. Speaker:
The Appropriations Committee have had under consideration House resolutions Nos. 22 and 119, and directed me, their chairman, to report these resolutions back to the House with the recommendation that they po pass.
CHAS. L. DAVIS, Chairman.
Mr. Miller of Muscogee, chairman of the Committee on the University of Georgia and its branches, submitted the the following report :

Mr. Speaker:

The Committee on the University of Georgia and ite Branches have had under consideration the accompanying report of the sub-committee appointed to visit the Georgia Normal and Industrial College at Milledgeville, and beg leave to 1mbmit the same to the House together with the recommendations therein contained as the sense of this committeee.

Respectfully submitted.

B. S. MILLER, Chairman.

To Hon. B.S. Miller, Chairman of the Committee for the University of Georgia and its Branches :
Your committee, appointed for the purpose of visiting the Georgia Normal and Industrial College, located at Milledgeville, respectfully submit the following report:
43 h j

6i4

JOURNAL OF THE HouSE.

On Friday, Nov. 21st, your committee devoted the entire day to the inspection of the Georgia Normal and Industrial CollPge. At the morning exercises in the college chapel, the auditorium was filled with the studentbody, consisting of about fotlr hundred girls and young women from 1.5 to 35 years of age. We were reliably informed that 98 counties in Georgia are represented in the class-rooms as students at this institution. Attired in their neat and becoming uniforms, they marched in perfect order into the college chapel, where followed the usual <levotinal exercises under the direction of the president, <!onsisting of reading from the Bible by the president, repeating the Lord's prayer and singing of sacred hymns by the entire student-body.
The various class-rooms, where the students were pursuing their studies, were visited by your committee. Perfect system and order in the various and comprehensive educational work of this institution impressed your committee deeply, aud we regret that our report can not be as large as perhaps the subject demands.
We dined with the students at the Mansion dormitory, where the president's family and 110 boarding pupils, the matron and housekeeper reside. The dining-room work is done by the students, who are appointed in weekly details. We were gracefully waited on at the table by two of the charming 'number. The fare is excellent, well <!ooked and nicely served.
During the afternoon we inspected the A-tkinson Hall <lormitory, where several teachers and 150 students reside. The entire establishment, halls, parlor, bedrooms, infirmary, dining-room and kitchen are comfortable, neat and in
perfect order. vVe are informed that the young ladies take
eare of their own rooms, besides doing the lighter part of the dining-room work. We heartily commend the management of the college dormitories, viz.: The Atkinson Hall

THURSDAY, DECEMBER 4, 1902.

675

and Mansion. They provide comfortable homes for about 260 students at a cost to each of only ten dollars a month, including board, heating, lights and laundry. President Chappell informs us that the dormitories are nearly always full to their utmost capacity, and that many homes in Milledgeville are taking 11tudents to board for want of room in the dormitories. We visited the cooking school where a large class of young ladies were being instructed by a skilled teacher in this most fundamental and important of household arts. Nothing connected with the work of the school was more interesting. We took tea with the girls in the Atkinson Hall dormitory, the meal was served in the same graceful manner, and the same report relating to the Mansion applies here. With pleasure we attended in the large study hall the informal frolic and dance with which the students are accustomed to close their week of hard work and study. The young ladies aud their teach~ -ers are usually the only participants in these weekly frolics, but by special grace your committee were admitted. For two hours we witnessed a scene of gay and happy youth, modest, ladylike and refined.
A pleasing feature was the graceful, cheerful behavior aJHl manners of the pupils at all times, whether in the class-rooms, the dining-rooms or in the dancil!g hall, where informal frolics and games of simple amusements are .engaged in by the students and their teachers.
The g'overnment and discipline seems to be perfect without the slightest appearance of constraint. Without an attempt to compliment, but as a statement of fact, we feel that this school is a great blessing to the State, and its management in every particular satisfactory.
The annual enrollment of the college is from 380 to to 385 students, and would be 500 or more if there was necessary room. The history of the eleven years of this 'college shows that more than 1,800 individual girls and

676

]OURNAI. OF THE HOUSE.

young women, from every section of the State, have attended this institution. Most of them are poor girls, who would have grown to womanhood with untrained mental capacities and powers, if Georgia had not established this institution, where they could secure educational advantages at a nominal expense. Statistics show that more than 900 young- Georgia women have made a livelihood for themselves and dependent relatives by practicing the professions of teaching or of the industrial arts, such as stenography, bookkeeping and dressmaking, which they have learned at this school. Furthermore, a majority of the former students of this college get married and become the wives, mothers and homemakers, which is the noblest and most important function of womanhood. They are well prepared by the course of study pursued in this college, for there they secure not only a wholesome literary education, but thorough practical training and instruction in the home-making arts, as domestic economy, cooking, borne sanitation, sewing and dressmaking. The college is poorly equipped for the work it is doing and for the more extensive work it could do. A new dormitory is absolutely necessary, for a great many applicants are yearly made and can not be accommodated for want of room in the present establishment. It needs an infirmary building for the proper care of the sick students. It is, however, a pleasure to mention that not a single sick student was in the infirmary. This, your committee believes, is on account of the physical culture exercises taught on scientific principles, etc., and the careful management of the college looking to the health and comfort of the pupils. It needs a well equipped laboratory for the better teaching of the natural sciences. Its most urgent need is an additional building for class-room purposes, as the present building is inadequate to accommodate the work now being pursued.

THURSDAY, DECEMBER 4, 1902.

677

'fhe departments of dressmaking, cooking, physical culture and practice teaching by the Normal pupils in the model school are greatly crowded and in a measure ineffective on account of insufficient quarters in which this important work has to be pursued.
Several assembly or class-rooms to accommodate 40 students, are overcrowded with 60 to 80 students, two of whom occupy desks intended for one. This certainly is an injury tn the physical health of the students and a detriment to good teaching. Two or three class-rooms in the basement, being dark and damp, are unfit for school. room . purposes and should be condemned. We recommend the passage of the bill now in the House of Representatives appropriating the sum of twenty thousand dollars for the building of an additional class-room building for the Georgia Normal and Industrial College, said building to be used for the departments of dressmaking, cooking, physical culture and Normal practice teaching. These important branches of the work of the college could be performed incomparably better and more efficiently and satisfactorily if the necessary quarters were furnished. The removal of these departments from the present college building wohld relieve the present congestion and make more room, which seems to be a necessity.

Respectfully submitted.

En. R. JoNES, Chairman.
JAs. B. RIDLEY,
i. T. M. KELLEY,
R. E. BROWN,
w M. D. OMBLE,
B. A. RoGERs.

Mr. Akin of Bartow, chairman of the Committee on Constitutional Amendments, submitted .the following report:

678

JOURNAl, OF THE HOUSE.

Mr. Speaker:
Your Committee on Amendments to Constitution bn\e had under consideration the following bills and report the same back with the recommendation that they do pass, to wit:

Senate bill No. 17, being "a bill to alter and amend article 8, section 4, paragraph 1 of the Constitution ot the State of Georgia."

Also, House bill No. 15, being "a bill to be entitled an Act to amend paragraph 1 of section 1 of article 7 of the Constitution of this State," etc., which this committee recommend do pass as amended.

Your committee have also had under consideration the following bills which they report back with the recommendation that the same do not pass, to wit :

House bill No. 101, being "a bill to be entitled an Act to amend paragraph 1, section 4 of article 8 of the Consti. tution of this State," etc.

Also, House bill No. 345, being "a bill to be etitled an Act to amend paragraph 1, section 1 of' article 7 of the Constitution of this State," etc.
JoHN W. AKIN, Chairman.

Mr. Holder, chairman of the Committee on Education, submitted the following report:

llfr. Speaker:
The Committee on Education have had under consideration the following House bills, which they instruct me as

. THURSDAY, DECEMBER 4, 1902.

679

their chairman to report backwith the recommendation that the same do pass, to wit:

A. bill to provide for the 'teaching of the elementary principles of agri1mlture and the elements of civil government in all the public sehools of Georgia.

A bill to amend the charter of the town of Oakland City.

A bill to amend an Act establi'shing a system of public sch?ols in the town of Jesup.

Also, the following Senate bill, with the recommendation that tbe same do pass, to wit :

A bill to create a commission to investigate the possibility of locating an agricultural and industrial school in each congres,ional district in this State.
Respectfully submitted. TNo. N. HoLDER, Chairman.

Mr. Shannon, chairman of the Committee on Counties. and County Matters, submitted the following report:

Mr. Speaker:

The Committee on Counties and County Mattera have had under consideration the following bills, and have instructed me as their chairman to report back the same with the recommendation that the same do pass.
A bill by Mr. McCurry, of Hart, entitled an Act to amend an Act creating a board of commissioners of roads and revenues in the county of Hart, approved Dec. 2,

680

JOURNAL OF THK Housa.

1901, so as to provide for election of commissioners by the qualffied voters, and for other purposes.

A bill by Mr. Alford, of Worth, entitled an Act to amend an Act entitled "an Act to incorporate the town of Sylvester, in the county of Worth, and for other purposes."

A bill, by Mr. Cromartie, of Appling, to amend an Act to incorprate the town of Hazlehurt, in the counties of of Coffee and Appling, and for other purposes.
Respectfully submitted.
J.No. R. SHANNON, Chairman.

Mr. Hawes, vice-chairman of the Committee on Banks and Banking, submitted the following report:

:Ah. S pealcer:
The Committee on Banks and Banking have had under consideration the following Senate bill, which they instruct me as their chairman to report back to the House with the recommendation that it do pass, to wit:

A bill to amend section 982, volume 1 of the Code relative to State depositories.
Respectfully submitted. P.M. HAwEs, Vice-Chairman.

Mr. Conner, chairman of the Committee on Special Agriculture, submitted the following report:
"Mr. Speal:er: The Committee on Special Agriculture has had under

THURSDAY, DECEMBER 4, 1902.

681

()Onsideration the following bills, and report the same back to the house with a recommendation that they do not pass:

House bill No. 343, to establish a scientific and agricultural school as a branch of the State University, and for {)ther purpo8es.

House bill No. 353, to separate the College of Agriculture and mechanic Arts from the University of Georgia, and for other purposes.
J. J. CoNNER, Chaiiman.

Mr. Slaton, chairman of the General Judiciary Committee, submitted the following report:

lvfr. Speaker:
The General Judiciary Committee have had under consideration the following House hill, which I am instructed as chairman to report back with the recommendalion that the same do pass, to-wit:
A bill to authorize. street railroad companies to engage in the business of furnishing steam-heat or power.

Also, the following House bills, with the recommendation that the same do pass by substitute, to wit:

A bill to amend section 4924 of the Civil Code, which relates to the grant of injunctions.

A bill to amend the charter of the city of Augusta relative to street tax.

A bill to provide for the issuing of the writ of quo war-
<J.nto.

682

JOURNAL OF THE HOUSE.

Also, the following Senate bill, with the recommendation that the same do par,s by substitute, to wit:

A bill to authorize administrators and others to charge cost or premium for bonds, and for other purposes.

Also, the following House bills, with the recommenilatiou that the same do pass as amended, to wit:

A bill to establish a district court for the city of Tifton.

A bill to regulate procedure in justices' courts in ci1ies of 75,000 or more population.
Respectfully submitted, JoHN M. SLATO~, Chairman.

Mr. Shackelford, chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
The Committee on Corporations have had under consicleration the following bills of the House, and instruct me as chairm:\n to report the same back to the House, with the recommendation that the same d? pass, to wit:
By Messrs. Morris and McLlain of Cobb-
A bill to amend the charter of Austell in Cobb county.
By Mr. Pate of Gwinnett-
A bill to be entitled an Act to amend an Act to incorporate the town of Trip.

THURSDAY, DECEMBER 4, 1902.

683

By Mr. Jones of Pickens-

A bill to be entitled an Act to incorporate the Marble Hill school district, in Pickens county, Ga.

By Messrs. Howard and Hicks of Laurens-

A bill to be entitled an Act to incorporate the town of Dudley and define the corporate limits thereof.
By Mr. Jones of Pickens-
A bill to be entitled an Act to authorize the Mayor and council of the town of Jasper, Ga., to issue bonds for the purpose of erecting a school building.
By Mr. Evans, of 'Vashington-
A bill to be entitled an Act to amend an Act incorporating the town of Harrison, in the county of Washington.
By Messrs. Morris and McLain of Cobb-
A bill to incorporate the. Lenard school district of Cobb county.
By Mr. Evans of Washiugton--
A bill to be entitled an Act to amend an Act to incorporate the town of Deep<;;tep,approved December 15, 1900.

By Mr. Cann of Chatham-
A bill to be entitled au Act to authorize and empower the mayor and council of the town of Tybee to close Fourth Avenue, and for other purposes.
Respectfully submitted.
THos. J. SHACKELFORD, Chairman.

684

JOURNAL OF THE HOUSE.

Mr. Shackelford, chairman of the Committee on Corp'>rations, submitted the following report:

Mr. Speaker:
The Committee on Corporations have had under con.sideration House bill No. 84, a bill to be entitled an Act to authorize the county commissioners of the counties of this State to charge such a license against dealers in junk, hides, tallow, cotton seed, sePd cottqn, and other like commodities in their respective counties, and authorize me, as their chairman, to report bacl~ said bill to the House with the recommendation that the same do parss by substitute.
Respectfully submitted. . THOS. J. SHACKELFORD,
Chairman Committee on Corporations.

Mr. Shackelford, chairman of the Committee on Corporations, submits the following report:

1llr. Speali:er:
The Committee on Corporations have had under consideration the following bills from the Senate and instruct me, as chairman, to report the same back to the House with the recommendation that the same do pass, to wit:

By Mr. Hopkins of the 7th District-

A bill to be entitled an Act to amend the charte:- of the city of Thomasville.

By Mr. Davis of the 17th District-
A bill to be entitled an Act to amend an Act incorporating the town of Midville, in the connty of Burke.

THURSDAY, DECEMBER 4, 1902.

685

By Mr. Hopkins of 7th District-
A bill to be entitled an Act to incorporate the town of Merrillville, in the county of Thomas.
Respectfully submitted. THOS. J. SHACKELFORD,
Chairman Committee on Corporations.

At the request of the author House bill No. 335 was recommitted to the General .Tudiciary Committee.
.At the request of the author House bill No. 353, which was unfavorably reported, was placed on the calendar for a second reading.
At the request of the author House bill No. 435 was recommitted to the Committee on Corporations.
Senate bill No. 56 was recommitted to the Committee on Hygiene and Sanitation by request.

At the request of Mr. Grice of Pulaski, House biii No. 205 was recommitted to the General Judiciary Committee.

By unanimous consent the following bill was introduced, read the first time and appropriately referred, to wit:

By Mr. Buchannon of Early-

A bill to amend an Act to incorporate the city of Blakely, and for other purposes.

Referred to Committee on Counties and County Matters.

By unanimous consent the following resolution was read the second time; to wit:

686

]OURNAL OF THE HOUSE.

By Mr. Davis of .Meriwether-

A resolution providing that the sum of $122,973.65, now in the treasury and known ail the public property fund, be applied to the payment of the recognized valid .bonds of this State falling due in the year 1903.

At the request of Mr. Tigner of .Muscogee, House bill No. 211 was placed on the calendar for a second reading.

The following message was received from the Senate through Mr. Northen, the Secretary thereof:

The Senate has passed by the requisite constitutional majority, the following bills of the Senate, to wit:
A bill to amend the school laws by setting aside funds for libraries in schools, to provide the method of the selection of said libraries and the care of the same.
A bill to provide for the testing and the mode of testing illuminating oil and for other purposes.
A bill to authorize the Governor to require the AttorneyGeneral of the State to perform, without compensation, all duties now incumbent on the attorney for the Weetern & Atlantic R. R., and for other purposes.
A. bill to prohibit the selling or giving to any convict in thi~ State any spiritous or intoxicating liquors, and for other purposes.
A bill to repeal an Act approved February 23, 1876, entitled an Act to reduce the compensation of the treasurer .of the county of Wilkinson, and for other purposes.

THURSDAY, DECEMBER 4, 1902.

687

The following message was received from the Senate through M1. Nortben, the Secretary thereof:

Mr. Speaker:
The Senate bas passed by the requisite constitutional majority the following bill of the House as amended, to wit:

A bill to be entitled an Act to amend section 642 of volume 3 ot the Code of 1895 so as to require the putative father to give bond for the expenses of lying in with such {lhild, and for other purposes.

Mr. Shannon1 charman of the Committee on Counties and County Matters, submitted the following report:

111r. Speaker:
The Committeee on Counties and County Matters have bad under consideration the following bills, and have instructed me as their chairman to report back the same with the recommendation that the same do pass :

A bill by Mr. Shannon of Monroe, to provide .for the testing and mode of testing the illuminating qualities of illuminating oils sold iu the State of Georgia; to provide penalty for violation of this Act, and for other purposes.

A bill by Mr. Gaulden of Brooks, fixing the license fee ior retailing or vending spirituous, intoxicating or malt liquors in Brooks county at twenty-five thousand dollars, .and for other purposes.
A hill, by Messrs. Steed and Hixon of Carroll, to establish a system of public uchools in the town of Bowdon, Carroll county, Ga., and for oth~r purposes.

688

JOURNAL OF THE HOUSE.

A bill, by Messrs. Steed and Hixon of Carroll, to amend an Act entitled an Act to incorporate the town of Bowdon, county of Carroll, Ga., and to regulate the sale of spirituous liquors, and for other purposes.

A bill to repeal an Act creating a dispensary in the county of Mitchell, and for other purposes.

The committee have also had under consideration the following bill, and instructed me to report it back with the recommendation that it do not pass to wit :

A bill to repeal an Act entitled an Act to protect the game of the county of Hall, and for other purposes.
Respectfully submitted. JNo. R. SHANNON, Chairman.

The following message was received from the Sen11te through Mr. N orthen, the Secretary thereof:

}lr. Speaker:
The Senate has passed by the requisite constitutional majority the following hills of the House, to wit:

A bill to incorporate the Vega school district of Pike county, and for other purposes.
A bill to amend the local Act creating dispensaries iu Pulaski county, and for other purposes.
A bill to cede to the United States jurisdiction over certain public road approaches]:to the Chicamauga~ N ationai Patk in Catoosa and Whitfield counties, and for other
purpose~.

THURSDAY, DECEMBER 4, 1902.

689'

A bill to repeal all of an Act to provide for the issuing of bonds by the town of Norcross, in Gwinnett county, and for other purposes.

A bill to establish the city court of Fayetteville, in the county of Fayette and for other purposes.
A bill to establish, maintain and operate a public school system in the city of Ocilla, and for other purposes.
A bill to amend section 670 of the Penal Code, which provides punishment for cheating and defrauding an ,individual or the public, so as to apply the provisions thereof to cheating or defrauding a firm or corporation.

A bill to ainend section 573 of the Penal Code by making it unlawful for any person to be found in possest!ion of any terrapin of a less size than five and one-half inches, and for other purposes.

A bill to repeal an Act approved December 13, 1895, providing for the application of all public school funds to the Douglasville College that is distributed to school children within the corporate limits of said town, and for other purposes.
A bill to prohibit the manufacture of intoxicating liquors, -except domestic wines, in the county of Douglas, and for other purpose!'!.

A bill to repeal the charter ofthe town of Statesboro, in the county of Bulloch.
A bill to amend an Act approved December 15, 1893, -entitled an Act " To amend and renew the various acts in-corporating the town of Waynesboro and which makes the t!ame a city," and for other purposes.
44 h j

690

JOURNAL OF THE HOUSB.

A bill to repeal an Act to incorporate the city ofTiftont Ga., and for other purposes.

A bill to incorporate the Waynesboro Academy, m the city of Waynesboro, and for other purposes.

A hill to provide for practice in the city court of Atlanta in reference to defaults, and for other purposes.

A bill to authorize the mayor and aldermen of the town of Dallas to purchase, build and equip school buildings and property, and for other purposes.

A bill to amend section 1 of an Act entitled, "An Act to amend the law establishing the police court of the city of Savannah,'' and for other purposes.

A bill to incorporate the town of Pineview, m Wilcox county, and for other purposes.

A bill to amend an Act entitled, " An Act to regulate and control the taking and catching of oysters and fish from the public waters of this State,'' and for other purppses.
A bill to authorize the mayor and council of Palmetto, in Campbell county, to issue bonds for school purposes, and for other purposes.
A bill to require any person seeking a writ of certiotari to correct the judgment of a recorder's court or other police court of any town or city by whatever name known, to give bond except under certain conditions, and for other purposes.
The following message was received from the Senate through Mr. Northen, the Secretary thereof:

THURSDAY, DECEMBER 41 1902.

691

Mr. Spealcer:

The following bills of the House have failed to pass the Senate, to wit :

A bill to be entitled an Act to require all prison made goods to be labeled prison made, and for other purposes.

A bill to be entitled an Act to amend section 187 of
of volume 3 the Code of 1895, so as to more fully define
stealing, and for other purposes.

A bill regulating the manner in which claimants iu claim cases shall set out grounds which constitute basis of such claim, and for other purposes.

A bill to be entitled an Act to amend an Act to establish the city court of Waycross, in Ware county, so as to amend section 7, and for other purposes.

A bill to be entitled an Act to amend section 9 of an Act establishing the city court of Waycross, so far as said section applies to the clerk of said court, and for other purposes.

The following resolution was read and adopted, to wit:

By Mr. Felder of Bibb-

Resolved, That all debate on the General Tax Act be limited to ten minutes on each item to each speaker.

Under the head of unfinished business, the "General Tax Act,'' which was under discussion at the hour of adjournment ot yesterday's session, was again taken up.

The committee offered the following amendments, to wit:

692

JOURNAL OF THE HOUSE.

To amend paragraph 2, section 2 by adding after the words "veterinary surgeon," the words "licensed druggist., . apothecaries, pharmacists and embalmers; provided, that where there is a physician who is also a druggist, apothe~ary or pharmacist and has paid his tax as a physician, he shall not be required to pay the tax herein required of such druggist, apothecary or pharmacist.

Also, to amend subsection 2 of section 2 by inserting after the word "dollars" in line 12, the following words: ~'Provided, that presidents of private telephone companies not doing business for profit, shall only be required to pay iive dollars."

Also, to amend paragraph 2, section 2 by adding at the -end thereof the following: "Provided, that no professional tax or license shall be required of any Confederate veteran whose name is on the invalid or indigent pension roll of this State.

Also, to amend paragraph 9 of section 2 by adding the following: "Provided further, that this tax shall not be required of agents of industrial life insurance companies, writing what is known as industrial life insurance, premiums on which are payable in weekly installments not exceeding $1.05 per week.''

Also, amended by addiug at the end of paragraph 12,

section 2 the words: "Provided, that this section does not

apply to Confederate veterans doing business in their own

name.''



A.lso, amend subsection 18, section 2, line 8 by striking ''$1,000.00," and inserting "$1,500.00."

Also, to amend subsection 16 of section 2 by inserting after the word "provided," in line 11, the following: "That

THURSDAY, DECEMBER 4, 1902.

693

only a fifty doUar tax shall be required of distillers or fruit only and who do not run more than two months in a year, and provided."

1\lr. Holder of Jackson, offered the following amendment, which was adopted, to wit:

To amend section 2 by adding at the end of subsection 16 the following: "Upon all dealers or dispensers of white bops or like beverages, the sum of $100.00 for each place of business in each county where same are sold.''

Mr. Evans of Washington, offered the following amendment, to wit:

To amend paragraph 16, section 2 by striking the words "two hundred" in line 90, and inserting in lieu thereof the words "three hundred."

Mr. Evans of Washington, called for the previous question on the above amendment, which call was sustained and the main question ordered.

On the adoption of the amendment, Mr. Franklin called for the ayes and nays, which call was sustained, and on taking the ballot viva voce the vote was as follows :

Those voting in the affirmative were Messrs.-

Adams, Akin, Alexander, Alford, Almond, Ayres, Baldwin, Beall, Beauchamp,

Bell or Milton, Boy kin, Brock, Brown, Buchan, Buchannan, Burton, Candler, Carr,

Carswell, Conner, Cool;:, Davison, Derrick, Duggan, English, Evans, Fields,

694

JOURNAL OF THlt HOUSE.

Foster of 'l'owns, Lanier,

Phillips of Quitman,

J!'ranklln,

Leigh,

Preston,

l<'usseu,

Little,

l'roctor,

Gaulden,

Lowe,

Rankin,

George,

Martin,

Redwine,

Grenade,

Mayson,

Rice,

Hardeman,

Mizell,

Rogers of Hall,

Hendry,

Moses,

Shannon,

Henry,

McCurry,

Spence,

Hixon of <Jarroll, McLain,

Steed of <Jarroll,

Hixon of :Sumter, Newton,

Stewart,

Holder,

Nisbet,

~'hompson,

Howard of Baldwin, Overstreet,

'l'hurman,

Hutcbeson,

O'Qulnu,

Walker of Monroe,

Jones of Pickens, Pate of Dooly,

Watson,

Kent,

Pate of Gwlnnett, Wise,

Knight,

Paulk of Irwin,

'Vooten,

Lane,

l'hilllps of J etrerson.

Those voting in the negative were Messrs.-

Bell of Emanuel, Grice,

McBride,

Blackburn,

GrltHn,

McElmurray,

Booth,

Hall,

McHenry,

Brinson,

Harden,

Owen,

Bruce,

Hawes,

Parker,

Bush,

Hayes,

Paulk of <Jotree,

Butts,

Houston,

Rainey,

Calvin,

Howell,

Rawls,

<Jann,

Johnson of Baker, Reid,

<Jarrlngton,

Johnson of <Jlinch, Richardson,

Crumbly,

Johnson or <Jrawrord,Rogers of Mcintosh,

Daves, Davis,

Jones of Dougherty, Roper,

1:.,- Kelly,

Sanders,

Deal,

l{endrick,

Shackelford,

Dozier,

K1lburn,

Slaton,

Duckett,

1\Iarm,

Stanford,

Dunbar,

Miller of Bullock, Steed of Taylor,

Ennis,

Mills,

Stovall,

Felder,

Mitcham,

Strickland,

l!'lynt,

Mitchell,

Tigner,

Glenn,

Mulherin,

~'racy,

THURSDAY, DECEMBER 4, 1902.

695

Underwood, Warren, Welch,

Wellborn, West, Wilson,

Womble, Yates.

Those not voting were Messrs.-

Arnold, Bowen, Bower,
Cllatt, Cromartie, Edwards, Flanigan, Foster of Oconee,

Hicks,

Peyton,

Howard of J..aurens, Ridley,

l{nowles,

Rountree.

Lawrence,

Singletary,

Maples,

Valentine,

Miller of Muscogee, Walker of Pierce.

1\Iorton,

Whitley,

McRae,

1\Ir. Speaker.

The roll-call was verified and it was found that on the adoption of the amendment the ayes were 80, nays 71 ; the amendment was therefure adopted.

The committee proposed to amend paragraph 2, section 2, by adding after the words "veterinary surgeon," the words " licensed druggists, apothecaries, pharmacists and embalmers ; provided, that where there is a physician who is also a druggist, apothecary or pharmacist, and ha~ paid his tax as a physician, he shall not be required to pay the tax herein required of such druggist, apothecary or pharmacist."

Mr. Felder of Bibb, proposed to amend the committee amendment above by striking out licensed druggists, apothecaries, pharmacists.

On the adoption of Mr. }"'elder's amendment, the ayes and nays were ordered, and on taking the ballot viva voce, the vote was as follows :

696

JoURNAL OF THE HOUSE.

Those voting in the affirmative were Messrs.-

Adams, Ayres, Baldwin, Beall, Bell of Emanuel, Blackburn, Bootll, Brinson, Brown, Buchannon, Burton, Butts, Ualvin, Candler, Uann, Uarr, Uarrlngton, Conner, Daves, DaviEJon, Deal, Derrick, Duckett, Dunbar, Ennis, IPelder, Fields, l!'oster or Oconee. Foster of '!'owns, Glenn, Grenade, Grice, GrUHn, Hall,

Hardeman,

McHenry,

Harden,

Nisbet,

Hawes,

Overstreet,

Hayes,

O'Quinn,

Hendry,

Pate of Dooly,

Hicks,

Pate of Gwinnett..

Hixon of Uarroll, Paulk of Uotree,

Hixon of l::lumter. Paulk of Irwin,

Holder,

Phlllips of Jetrerson,

Houston,

Pllillips of Quitman,

Howard of Baldwm, Proctor,

Howell,

Rainey,

Hutcheson,

Rankin,

Johnson of Urawrord,Rawls,

Jones or Dougherty, Redwine,

Kelly,

Richardson,

Kendrick,

Ridley,

Kllburn,

Rogers of Mcintosh,

Lane,

!':laton,

Lanier,

Steed or Carroll.

Lawrence,

Steed of Taylor,

Leigll,

Stovall,

Little,

Strickland,

Lowe,

Thurman,

Mann,

Tigner,

Martin,

Valentine,

Mayson,

Walker of Monroe,

Miller of Bullock, Warren,

Mizell, Moses, Mulherin, McBride, McUurry, McElmurray,

West, Wllson, Wise, "\'\'omble, Wooten, Yates,

Those voting in the negative were 1fessrs.-

Akin, Almond, Beauchamp,

Bell of Milton, Boykiu, Brock,

Buchan, Bush, Carswell,

THURSDAv, DECEMBER 4, 1902.

69!

Clintt, Cook, Cromartie, Crumbly,
Da~ls,
Duggan, English, Evans, l!'1ynt,

Gaulden, Preston, Henry, Jones of PickenP, Kent, Knight, Mills, Mitcham, Mitchell,

Owen, Parker, l:Uce, Roper, Sanders, Shackelford, Stew<trt, Thompson, Underwood,

Those not voting were Messrs.-

Alexander,

Johnson of Bak.,.,

Alford,

Johnson of Clincll,

Arnold,

Knowles,

Bowen,

Maples,

Bower,

Miller of Muscogee,

Bl'UCe,

Morton,

Dozier,

Mc~ain,

Edwards,

McRae,

Flanigan,

Newton,

F'ranklin,

Peyton,

l<'ussell,

Reid,

George,

Rogers of Hall,

Howard of Laurens,

Rountree, Shannon, Singletary, Spence, Stanford, Tracy, Walker of Pierce. Watson, Welch, Wellborn, Whitley, Mr. Speaker.

By unanimous consent the verification of the roll-caU was dispensed with.

On the adoption of the amendment the ayes were 102,. nays 36. The amendment was therefore adopted.

At the request of Mr. West of Lowndes, House bill No. 437 was withdrawn from the G(meral Judiciary and referred to the Pension Committee.

At the request of Mr. McCurry of Hart, bill No. 45(} was withdrawn from Committee on Manufactures and referred to Committee on Counties and County Matters.

698

JOURNAL OF THE HOUSE.

The hour of adjournment having arrived; the Speaker declared the House adjourned until 3 o'clock this aiternoon.

3 O'clock p.m.
The House reconvened at this hour, and was called to order by the Speaker.
On motion of Mr. Franklin of Washington, the call of the roll was dispensed with.
'
The following resolution was read and referred to the Committee on Rules to wit:
By Mr. Davis of Meriwether-
A resolution to make House resolution No. 119 the
speCJial order to follow House bill No. 2p.
The "General Tax Act," which was under consideration at this morning's f;ession at the hour of adjournment, was taken up for a further consideration.
The following amendments were offered, to wit :
The committee proposed to amend subsection 19, section 2 by striking the words "$1 ,000.00" and inserting in lieu thereof "$2,500."
Also, to amend paragraph 20, section 2 by striking the words "smoothing irons" in the second line of said paragraph.
Also, to amend paragraph 20, section 2 by striking the word "county" in the 9th line of said section and insert the word "State."

FRIDAY, DECEMBER 5, 1902.

699

Also, to amend paragraph 20, section 2 by striking from first and second lines of said paragraph the words "one hundred" and inserting in lieu thereof the words "two hundred."

Also, to amend by adding at end of subsection 23 of section 2 the following: "upon any manuracturer in this State of coca-cola, celery-cola, afri-cola, wine-cola, arid all other preparations, or trade marks or beverages, the sum of two hundred dollars, and upon every bottler or wholesale dealer in any one or more of the above syrups or beverages the sum of fifty dollars."

Leave of absence was granted to Mr. Paulk of Irwin.

Mr. Evans of Washington moved to adjourn, which motion prevailed and the Speaker announced the House adjourned until 9 o'clo,pk to-morrow morning.

Atlanta, Ga., Friday, December 5, 1902.
The House met pursuant to adjournment at 9 o'clock a.m. this day; was called to order by the Speaker and opened with prayer by Mr. Foster of OconeE1.
The roll was called and the following members answered to their names:

700

JOURNAL OF TH!t HOUSE.

Adams,

Akin,

Alford,

Almond,

Arnold,

Ayres,

Baldwin,

Beall,

Beauchamp,

Bell of Emanuel,

Bell of Milton,

Blackburn,

Booth,

Buwet,

Boykin,

Brinson,

Brock,

Brown,

Bruce,

Buchan,

Huchannon,

Burton,

Bush,

Butts,

Calvin,

Candler,

Cann,

Carr,

Carrington,

Carswell,

Cliatt,

Donner,

Cook,

Cromartie,

Crumbly,

Daves,

Davis,

Davison,

Deal,

Derrick,

... Dozier,

Duckett,

~.

Duggan,

Kilburn,

Dunbar,

Knight,

Edwards,

l(nowles,

English,

Lane,

Ennis,

Lanier,

Evans,

Lawrence,

Felder,

Leigh,

~'lelds,

Little,

I'lanlgan,

Lowe,

l<'lynt,

Mann,

l!'oster or Oconee, Maples,

Foster of 'l'owns, Martin,

:Franklin,

Mayson,

~usseH,

Miller of Bullock,

Gaulden,

Miller of Muscogee,

George,

Mllls,

Glenn,

Mitcham,

Grenade,

Mitchell,

Grice,

Mizell,

Grltl1n,

Moses,

Hall,

Mulherin,

Hardeman,

McBride,

Harden,

McCurry,

Hawes,

l\f cElmurray,

Hayes,

McHenry,

Hendry,

McLain,

Henry,

McRae,

Hicks,

Newton,

Hixon of Cdi'roll, Nisbet,

Hixon of ~umter, Owen,

Holder,

Overstreet,

Houston,

O'Qulnn.

Howard of Baldwin, Parker,

Howell,

Pate of Dooly,

Hutcheson,

Pate of Gwinnett,

.Tohnson of Clinch, Paulk of Cotree,

Johnson of Crawford,Peyton,

Jones of Dougherty, Phillips of Jetrerson,

Jones of l'lck<!ns, Phillips of Quitman,

Kelly,

Preston,

Kendrick,

Proctor,

Kent,

Rainey,

FRIDAY, DECEMBER 5, 1902.

701

Rankin,

Slaton,

Rawls,

Spence,

Redwine,

Stanford,

Reid,

Steed of Carroll,

Rice,

:Steed of Taylor,

Richardson,

Stewart,

Ridley,

Stovall,

Rogers of Hall,

Strickland,

Rogers of ~iclntosh, Thompson,

Roper,

Thurman,

Rountree,

Tigner,

:Sanders,

Tracy,

Shackelford,

Underwood,

Shannon,

Valentine,

Walker of Monroe, Warren, Watson, Welch, Wellborn, West, "Vhitley, Wilson, Wise, Womble, Wooten, Yates, Mr. Speaker.

. Those absent were Messrs.-

Alexander,

Johnson of Baker,

Bowen,

Morton,

Howard of Laurens, Paulk of Irwin,

Singletary, Walker of Pierce,

Mr. Flanigan reported that the Journal of yesterday's proceedings had been examined and found correct.
The reading of the Journal was dispensed with on motion of Mr. Hawes of Elbert.

The following privileged resolution was read and adopted, to wit:

By Messrs. Calvin, Mulherin and Dunbar-

A resolution conveying the sympathy of the House to Hon. Chas. A. Alexander on account of the death of his brother, Maj. J. H. Alexander.
The following message was received from the Gove'rnor, through Mr. Erwin, hi"s Secretary:

702

JOURNAL OF THE HOUSE.

Mr. Speaker:

The Governor has approved the following Acts of the General Assembly, to wit:

An Act to abolish the county court of Btttts county.

Also, an Act to repeal an Act to provide for an issue of bonds by the town of Norcross in Gwinnett county.

The following message was received from the Senate through Mr. Northen, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit :
A bill to authorize the clerks of the city courts of this State to appoint deputy clerks, to define the powers aud duties of said deputies and to validate all acts of deputy clerks heretofore appointed.
A bill to amend ~ection 2145 of the Code of 1895 so as to better fix the venue of suits against insurance companies.
A bill to amend section 2754 of the Code of 1895 which provides for the foreclosure of mortgages before due, and for other purposes.
A bill to change the time of holding Glascock superior court, and for other purposes.
A bill to prohibit the sale of spirituous liquors in the county of Lee, and for other purposes.

FRIDAY, DECEMBER 5, 1902.

703

A bill to amend section 982 of volume 1 of the Code of 1895 so as to add the city of Louisville in the county of Jefferson to the list of. cities therein named as State depositories.

A bill to amend section 982 of the Code of 1895 so as to add the town of Thomson in the county or McDuffie, Ga., to the list of State qepo~>itories.
A bill to establi~h, maihtain and regulate a dispensary for the sale of intoxicating liquors in the city of Ocilla, Irwin county, Ga., and for other purposes.

A bill to incorporate the city of Statesboro, in the county of Bullock, and for other purposes.

A bill to amend an Act to establish the city court of Valdosta, in and for the county qf Lowndes, and for other
purpos~s.

The general tax Act which was under discussion at the hour of adjournment of yesterday's session and which was made the continuing special order until disposed of was again taken up for a fnrth~r consideration.

The following amendments were read and adopted, to wit:

By Mr. Kelly of Glascock-

To amend section 2, paragraph 23, line 145, by striking the words "two hundred" and insert in lieu thereof the words ''one thousand."

The committee proposed to amend by striking all of subsection 26; of section 2 and inserting in lieu thereof the following:

]OUBNAL OF THE HouS&
Twenty-sixth-Upon every slot machine operated in this State wherein is kept any article to be purchased by depositing therein any coin or thing of value, and for which may be had any article of merchandise whatever, the sum
-of two and -r'r/tr dollars for each machine for each county
where set up or operated. Upon every such machine wherein may be seen any pictme, or any music may be heard, by depositing in the machine any coin or thing of value, and every weighing machine and every machine for making stencils by the use of contrivances operated by slot wherein money or other thing of value is to be deposited, the sum of five dollars for each machine in each county where set up or operated; provided, that not more than fifty shall be required of any one person in any one county under this section.
Committee proposed to amend subsection 28, section 2, by striking out the words "twenty-five dollars" and inserting in lieu thereof the words "ten dollars."
Also, to amend paragraph 28, section 2 by adding after the word "articles" in line seven the words "or kept in his or her place of business, or elsewhere, where accessible to his or her customers."
Also, to amend paragraph 29, section 2 by adding at the end of said paragraph. the words, "provided further, that in cities and towns of less than 300 inhabitants, five dollars premium shall be charged."
Also, to amend by striking paragraph 34 and numbering following paragraphs accordingly.
Mr. Brinson proposed to amend line 192 of section 2 by striking the word "day" and inserting in lieu thereof -the words "week or fractional part thereof.''

FRIDAY, DECEMBER 5, 1902.

705

The amendment was adopted.

Mr. Reid proposed to amend by inserting the following to be known as paragraph 19: "Upon every person or firm, for himself or agent, for resident or non-resident owners, who keeps or holds for hire or sale any billiard, pool or other table of like character, one hundred dollars for each county in which such person or firm does business."

The committee proposes to amend by striking the figures ~~ 35" in the fourth line of section 4.

Also, by striking the figures "35" in line ten of sec. 4.

Also, to amend by inserting after the word "investments" in line twenty-two of section 5 the following: "shall not be considered as a brokerage or banking business.''

Also, by inserting after the words "real estate" in line thirty of section 5 the following : "or personal property."

Also, by inserting after the word "estate" in line thirty-three of section 5 the words "and personal prop-erty."

Mr. Hall of Bibb, proposed to amend section 8, by striking from line 3 the words " telegraph, telephone, express."

The previous question was called and the main question ordered.

On the adoption of the amendment, Mr. Hall of Bibb,
-411 hj

706

.JOURNAl, OF THE HOUSE.

called for the ayes and nays, which call was sustained, and on taking the ballot viva voce, the vote was a:; follows :

Those voting in the affirmative were Messrs.-

Adams, Akin, Almond,
Ayr~s.
.Baldwin, Beauchamp, Ben of Milton, Brown, Burton, Carswell, cnatt, Cromartie, Crumbly, Daves, Deal, Duggan, Edwards, l'ields. l<'lanigan, l<'ussell,

Gaulden,

M:Uler of .Bullock,

Glenn,

l\lcRae,

Hall,

Nisbet,

Hawes,

Overstreet,

Hayes,

O'Quinn,

Hendry,

Parker,

Henry,

Phillips of Quitman,

Holder,

Rainey,

Hutcheson,

Rankin,

Johnson of Clinch, Richardson,

Johnson of Crawfora,Rogers of Hall,

Jones of Dougherty, Rogers of M:clntosn.

Kelly,

Shannon,

Kendrick,

Spence,

Kent,

Stewart,

Kilburn,

Thurman,

Lane,

Tracy,

Lanier,

Valentine,

Leigh,

Walker of Monroe,

~1ann,

Womble,

Those voting in the negative were Messrs.-

Arnold, Bean, Blackburn, Booth, Brinson, Brock, Butts, Calvin, Candler, Carr, Carrington, Conner, Coole,

Davis, Davison, Derrick, Duckett, Dunbar, I<Jngllsh, Ennis, lllvans, Felder, ]1'oster of Oconee, Foster of '!'owns, Franklin,
Gt'or~:e,

Grenade, Grice, Harden, Hixon of Carroll, Houston, Howell, Jones of l'lckt'ns, Knowles, Little, Martin, Mayson, Mitchell, Mizell,

FRIDAY, DECEMBER 5, 1902.

707

Moses,

Preston,

Mulherin,

l'roctor,

McBride,

Rawls,

'McCurry,

Redwine,

McElmurray,

Reid,

McHenry,

Rice,

McLain,

Roper,

Newton,

Rountree,

Pate of Dooly,

Sanders,

Paulk of Colree,

Slaton,

Peyton,

Stanford,

Phillips or J elrerson, Steed of Carroll,

Steed of Taylor, Stovall, Strickland, Thompson, Tigner, Underwood, West, Wilson, Wise, Wooten. Yates,

Those not voting were Messrs.-

Alexander, Alford, Bell of Emanuel, Bowen, Bower, Boy kin,
Bruc~:o,
Buchan, Buchannon, Bush, Cann, Doziel,", l''Iynt, Grltfln,

Hardeman,

Owen,

Hicks,

Pate of Gwinnett,

Hixon of Sumter, Paulk of Irwin,

Howard of Baldwin, Ridley,

Howard of Laurens, Shackelford,

Johnson or Baker, Singletary,

Knight,

~Valker of Pierce,

Lawrence,

Warren,

Lowe,

Watson,

!\-Iaples,

Welch,

Miller of Muscogee, Wellborn,

Mills,

Whitley,

Mitcham,

Mr. Speaker.

Morton,

The roll-call was verified, and it was found that on the adoption of the ameudment 'the ayes were 60, nays 74. The amendment was, therefore, lost.
The following message was received from the Senate, through Mr. Northen, the Secretary thereof:

Mr. Speaker :

The Senate has passed by the requisite constitutional majority the following Senate bills, to wit:

708 .

JOUllNAL OF TUB HOUU.

A bill to suppress the evil of keeping gaming houses mentioned in section 398 of the third volume of the Code.

A bill to amend section 2017, volume 2 of the Code of 1895, so far as said section relates to issuing and granting <Jf)fporate powers and privileges to insurance companies.

A bill to establish a system of public schools for the city of Fort Gaines, and for other purposes.

A bill to authorize and require the prison commission to hire t.he labor of felony convicUI of said State, after the expiration of the present contracUI, for a period of five
ye~trs.

The Senate has also passed by the requisite constitu.tioual majority the following Senate resolution, to wit:

A resolution to pay pension of Josiah Lucas, of App1ing county, Georgia, to Lecia Lucas, his widow.

Leave of absence was granted Messrs. Richardson, Nisbet, Johnson of Crawford, Pate of Gwinnett.
On motion of Mr. Reid of Campbell, the House adjourned until 3 o'clock this afternoon.

3 O'clock p.m.
The House reconvened at this hour and was called to Qrder by the Speaker.
On motion of l\Ir. Brown of Houston, the call of the roll was dispensed with.

FRIDAY, DECEMBER 5, 1902.

709

At the request of Mr. Bush of Miller, Mr. Welch of Gilmer was granted indefinite leave of absence on account of indisposition.

The following privilege resolutions were introduced, to wit:
By ~ir. Phillips of Jefferson-

A resolution to make Senate bill No. 9 the special or der for Tuesday immediately after the reading of th~ Journal, subject to precedence of the special orders already set.

Referred to Committee on Rules.

By Mr. Holder of Jackson-

A resolution providing that House bill No. 93 be made the special order for Monday afternoon, December 8th, at 3:15 o'clock, and that previous question be called not later than 4:15 o'clock p.m.
Referred to Committee on Rules.
The general tax Act was again taken up and the following amendments were read and adopted, to wit:
The committee proposed to amend by striking out section 9 and inserting in lieu thereof the following:

SEc. 9. Be it further enacted by the authority aforesaid, That all express, including railroad companies, doing an express, telephone or telegraph business, and all telephone or telegraph companies, person or persons, doing an express, telegraph or telephone business, through their president, general manager or agent having control of the company's affairs in this State, shall be required to make

710

JOURNAl. OF THE HOUSE.

returns of all property of said company located in this State to the Comptroller-General, and the law now of fo~ providing for the taxation of railroads in this State shall be applicable to the assessment and collection of taxes from said telegraph a,nd telephone, express and railroad companies doing an express, telephone or telegraph business, us above stared; and if the revenue derived from the ad valorem tax raised under the provisions of this section, does not amount to two and a hal per cent. of the gross receipts of said companies, as shown by report.'3 of said companies, to the Comptroller-General, now required by law, the said Comptroller-General is hereby required to collect as an occupation tax from said companies such a per centum upon said gross receipts as will, when added to the ad valorem tax, State and county, equal two and a half per centum upon said gross receipts. Said companies doing such business shall make a quarterly return on both -as follows : On the last days of March, June, September and December in each year, to the Comptroller-General, showing a full account of the gross receipts during the quarter ending on such dates; and said taxes herein levied On said gr{)SS receipts, as shown by said quarterly returns, shall be paid by the respective persons or companies to the Comptroller-General at the same time of making such returns; the gross receipts herein named shall be construed to mean the full amount of all money received from all business done within the State. I any person, superin tendent, agent or president, as the case may be, whose duty it is to make returns under this section, shall fail to do ~u within thirty days after the time herein required, such person, superintendent, agent or president, shall be liable to indictment, and upon conviction, shall be punished as prescribed in section 1039, volume 3 of the Code of 1895.
.Also to amend by adding the following:

FRIDAY, DECEMBER 5, 1902.

711

Second-That each non-resident person or company whose sleepi~g cars are run in this State shall be taxed as :follows: Ascertain the whole number o:f mila'! of railroads over which such sleeping cars are run, and ascertain the entire value of all sleeping cars of such company, of such person or company, then tax such sleeping cars at the regular rate imposed u_pon the property of this State in the same proportion to the entire value of such sleeping cars that the length of the lines in this State over which such cars run bears to the length of the lines of all railroads over which such sleeping cars are run. The retu~ns shall be made to the Comptroller-General by the president, general agent or person in control of such cars in this State. The Comptroller-General shall frame such questions as will elicit the information sought, and answers thereto shall be made under oath. If the officers above referred to in control of such sleeping cars shall fail or refuse to answer, under oath, the question so propounded, then the ComptrollerGeneral shall obtain the information from such sources as he may, and he shall assess a double tax on such sleeping cars. If the taxes herein provided for are not paid, the Comptroller-General shall issue executions against the owners of such cars which may be levied by the sheriff of any county of this State upon the sleeping car or cars of the owner who has failed to pay the taxes.

Also, to amend by adding the following:
Third-That any person or persons, copartnership, company or corporation, wherever organized or incorporated, whose principal business is furnishing or leasing any kind of railroad cars, except dining, buffet, chair, parlor, palace or sleeping cars, or in wh.om the legal title to any such cars is vested, but which are operated or leased or hired to be operated on any railroad in this State, shall be deemed an

712

JOURNAL OF THE HOUSE.

cqi1ipmcnt company. Every such company. shall be required to make returns to the Comptroller-General undei: the same laws now in force in reference to the rolling-stock owned by the railroads making returns in this State and the assessment of taxes thereon shall be levied and the taxes collected in the same manner as provided in the case of sleeping cars in subsection two of this section.

Also, to amend by striking out the words "and such companies, dealers and agents having paid the taxes required herein shall be exempted from any county and muinicpal tax for selling said sewing machines," in section 10.

Also, to amend section 11 by inserting after the word "tax," in line 19, the following words: "Upon every agent of any manufacturer of, and upon every dealer in, automobiles or other self-propelling vehicles, the sum or fifty dollars for each agency or place of business; tltey to regis ter and pay said tax in the same manner as bicycle dealers. Upon every agent of any manufacturer of, and upon every dealer in, typewriters or typewriting machines, cash registers and calculating and weighing scales, the sum of twenty-five dollars for each agency or place of business, they to register and pay said tax in the same manner ae bicycle dealers."

Also, to amend section 12 of the bill, by adding at the end of said section the following words, to wit: "The true intent and meaning of this section is, that the bank itself shall return for taxes and pay tl1e taxes on the full market value of all the shares of said bank stock."

Mr. Felder of Bibb, moved that when the regular hour of adjournment arrived the session be extended for one hour and thirty minutes, instead of having a night session for a specific purpose, which motion prevailed.

FRIDAY, DECEMBER 5, 1902.

713.

The hour of adjournment of the regular session having arrived, the discussion of the general tax Act was ceased and the special session began for the introduction of bills and reading of bills for second and third time.

The following bills were read the third time and put upon their passage, to wit:

By Mr. Evans of Washington-

A bill to amend an Act to create the city court of Sandersville, and for other purposes.

The committee proposed to amend by addinga new section, to be known as section 6, to wit:

"SEc. 6. Be it enacted by the authority aforesaid, Provided, however, that the provisions of this Act relative to the salary of the solicitor shall not become effective until after November 1, 1903."

The amendment was adopted.

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

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed as amended.

By Mr. Owen of Pike-

"A bill to incorporate the Meansville school district, and for other purposes.

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

714

JOURNAL OF THK Housa.

On passage of the bill the ayes were 89, nays 0.

The bill having received the requisite constitutional majority was passed.

By :Mr. Peyton of Habersham-

A bill to repeal an Act to create the city court of Clarkesville, 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 94, nays 0.

The bill having received the requisite constitutional majority was passed.

By :Mr. Alford of Worth-

A bill to establish a system of public schools in the town Of Ashburn, 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.

The bill having received the requisite constitutional majority was passed.

House bill No. 344 was withdrawn by the author by the unanimous consent of the House.

By Mr. Kelly of Glascock-

A bill to repeal an Act to create an advisory board of ~Commissioners for the counties of Laurens and Glascock, .and for. other nuruoses.

FRIDAY, DECEMBER 51 1902.

715

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 94, nays 0.
The bill having received the requisite constitutional majority was passed.
By l\fessrs. Hawes and Martin of Elbert-

A bill to reduce the salary of the judge of the city court

of Elberton.



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.

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

By :Messrs. Shannon and Walker of Monroe-

A bill to codify and consolidate the various Acts to incorporate the city of Forsyth, 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.

The bill having received the requisite constitutional majority was passed.

By Mr. Cann of Chatham-

A bill to authorize the mayor and aldermen of the town of Tybee to close what is known as Fourth avenue, and for other purposes.

716

JOURNAL OF THE HOUSE.

The report of the committee, which waR favorable to the passage of the bill, was agreed to.
On passage of the bill the ayes were 90, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Grenade and Alexander of Wilkes-
A bill to authorize the mayor and council of the city of Washington, Georgia, to ~ell certain real estate, 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 89, nays 0.
The bill having received the requisite constitutional majority was passed.
By l\fr. Overstreet of Screven-

A bill to reincorporate the town of Sylvania, 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.
The bill having received the requisite constitutional majority was passed.
By Mr. Daves of Fannin-
A bill to incorporate the town of :Morganton, and for other purposes.

FRIDAY, DECEMBER 5, 1902.

717

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 93, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Burton of Franklin-

A bill to incorporate the town of Canon, in Hart county, 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 95, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Knight of Berrien-
A bill to amend an Act to create the county court of Berrein county, 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.
The bill having received the requisite constitutional majority was passed.
By Mr. Overstreet of Screven-
A bill to create a system of public schools for the Sylvania school district, and for other purposes.

718

JOURNAL OF THE HOUSB.

The report o:f the committee, which was :favorable to the passage o:f the bill, was agreed to.

On passage o:f the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Overstreet o:f Screven-

A bill to establish the city court o:f Syh'ania, and :for other purposes.

The report o:f the committee, which was :favorable to the passage o:f the bill, was agreed to.

On passage o:f the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs, Hicks and Howard o:f Laurens--
A bill to incorporate tl1e town o:f Dudley, in Laurens county, and :for other purposes.

The report o:f the committee, which was favorable to the passage o:f the bill, was agreed to.

On passage o:f the bill the ayes were 88, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Slaton, Blackburn and Houston of Fulton-
A bill to regulate the practice and procedure in the courts o:f certain cities, and :for other purposes.

F.RIDAY1 DECEMBER 5, 1902.

719

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.

The bill having received the requisite constitutional majority was passed.

By Mr. Proctor of Camden-

A bill to prohibit the building or use of unlawful fences~ and for other purposes.

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

On passage of the bill the ayes were 90, nays 0.

The hill having received the requisite constitutional majority was passed.

By Mr. Cann of Chatham-

A bill to amend an Act to incorporate the town of Warsaw, 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.
The bill having received the requisite constitutional majority was passed.

By Mr. Hall of Bibb-
A bill to amend an Act to incorporate the Fairburn Banking Company, and for other purposes.

120

JOURNAL OF THE HOUSE.

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

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Sanders of Heard-

A bill to amend section 982, volume 1 of the Code, so as to make the town of Hogansville a State depository.

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

By Messrs. Howard and Hicks of Laurens-

A bill to repeal an Act to create the city court of Dublin, and for other purposes.

On motion of Mr. Hicks, the bill was tabled.

By :Messrs. Howard and Hicks of LaurensA bill to create the city court of Dublin.

On motion of Mr. Hicks, the above bill was also tabled.

The following bills were read the first time, to wit: By l\fr. Tracy of Webster-

A bill to create a dispensary in the county of Webster, :and for other purposes.

FRIDAY, DECEMBER 5, 1902.

721

Refpned to Committee on Counties and County Matters.

By Mr. Cann of Chatham-

A resolution to pay B. L. Gilbert $1,000.'

Referred to Committee on Appropriations.

By Mr. l!..,ields of Dooly-

A bill to amend an Act relative to the election laws of Cordele, and for other purposes.

Referred to Special Judiciary Committee.

By Mr. Hall of BibbA resolution directing the Governor to require the lessees
of theW. & A. R. R. to repair the depot.
Ordered to lay over for m~e day.
By }fr. Shackelford of ClarkeA bill to cede jurisdiction over certain lands to the
United States government, in the city of Athens.

Referred to Committee on Corporations.

By !fr. Hall of Bibb-

A bill to repeal a resolution to revoke the license of certain railroads entering the carshed in Atlanta.

Referred to General Judiciary Committee.

By ~fr. Hall of Bibb-

A resolution providing that the Committee on Finance

46hj

722

JOURNAL OF THE HOUSE.

make a thorough investigation of certain State house officers, and for other purposes.
Ordered to lay over for one day.
By Mr. Slaton of Fulton-
A bill to amend paragraph 1, section 1, article 6 of the Constitution relative to the district court o appeals.
Referred to General Judiciary Committee.
By Mr. Mitcham of Clayton-
A bill to provide for the removal of obstructions from the streams of Clayton county, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Dozier of Troup-
A bill to provide for the election of the judge and solicitor of the city court of LaGrange by. the people, and for other purposes.
Referred to General Judiciary Committee.

By Mr. Cann of Chatham-
A bill to incorporate the town of Mansfield, and for other purposes.

Referred to Committee on Corporations.
By Mr. Calvin of Richmond-
A bill to amend section 1384, volume 1 of the Code, relative to the agricultural department, and for other purpose:;.

FRIDAY, DECEMBER 5, 1902.

723

Referred to Committee on General Agriculture.

By Mr. Burton o Franklin....,....
A bill to amend section 982, volume 1 o the Code, so as to make Lavonia a State depository.

Referred to Committee on Banks and Banking.

By Mr. Hayes o Macon-
A bill to amend an Act to establish a public school sys- tem for Marshallville, Georgia, and for other purposes.

Referred to Committee on Corporations.

By Mr. Peyton o Habersham-

A bill to amend an Act to incorporate the city o Toccoa, and or other purposes.
Referred to Committee on Corporat.ionli1.
By Mr. Womble o Upson-

A bill to prohibit the manufacture o liquors in Upson county, and or other purposes.
Referred to Committee on Education.

By Mr. Rogers o Mcintosh-
A bill to declare any person guilty o a misdemeanor who shall procure liquor through the purchase o minors, and for other purposes.

Referred to Committee on Temperance.

724'

JOURNAl. OF THE HoUSE.

By Mr. Moses o Coweta-
A bill to amend section 3472 o the Code, making mortgage or purchase money o personalty superior to a yeanr support, and or other purposes.
Referred to General J-udiciary Committee.
By :Messrs. Stovall. Cann and Harden o Chatham~

A bill to fix the time o electing all city officers in cities o 50,000 inhabitants, and or other purposes.

Referred to Special Judiciary Committee.

-~fr. Holder, chairman o the Committee on Education, submitted the following report:

Jfr. Speaker:
The Committee on Education have had under consideration the following bills o the House, and instruct me, as their chairman, to report them back to the House with the recommendation that they do pass, to wit:
A bill to incorporate the Young's Tanyard scpool distriGt, in Coweta county.
A resolution to appropriate the school flinds to the white and colored schools according to the amount o taxes paid in each county o this State, and or other purposes.
The committee have also had Tinder consideration the following Senate bill, which they instruct me to report back to the House with the recommendation that it do also pass, to wit :

FRIDAY, DECEMBE~ 5, 1902.

725

A bill to incorporate the Forsyth school district, in the county of Monroe, and for other purposes.
Respectfully submitted. J NO. N. HoLDER, Chairman.
:Mr. Knowles, chairman of the Committee on the Western and Atlantic Railroad, submitted the following report:

J.tlr. Speaker:

The Committee on the Western and Atlantic Railroad have had under consideration the following House resolution, and instruct m'e, as chairman, to report the same back with the recommendation that it do pass, to wit:

A resolution for the relief of the Western and Atlantic Railroad Company.

Respectfully submitted.

KNOWLES, Chairman.

Mr. Shackelford, chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker:
The Committee on Corporations have had under consideration House bill No. 451, a bill to be entitled an Act to cede to the United States the jurisdiction over a lot on the southwestern corner of York and Abercorn streets, in th J city of Savannah, and authorize me, as their chairman, to report the same back to the House with the recommenda tion that the same do pass by substitute.
Respeetfully submitted.
THos. J. SHACKELFORD, Chairman.

726

JOURNAL OF THE, HOUSE.

Mr. Hawes of Elbert, chairman of the Committee on Pensions, submitted the following report:

1YIr. Speaker:
The Committee on Pensions have had under consideration the following resolutions of the House, which they instruct me, as their chairman, to report back to the House with the_ recommendation that they do pass, to wit:
A resolution appropriating $50.00 to Mrs. E. W. Stewart, of DeKalb county, for pension due her husband, I. H. Stewart.
A resolution to pay pension due B. G. Smith, of Baker county.
A resolution to pay $180.00 due Mrs. Mary E. Flynt as pension.
The committee have also considered House bill No. 437, and report the same back with the recommendation that it do not pass:

A bill to prorate the pension fund to each class of pensiOners.
Respectfully submitted. P.M. HAwEs, Chairman.
Mr. Shannon, chairman of the Committee on Counties and County Matters, submitted the following report:
1111'. SpcaX:er:
The Committee on Counties and County Matters have had under consideration the following bills, and instruct

FRIDAY, DECEMBER 5, 1902.

727

me, as their chairman, to report back the same with the recommendation that the same do pass:

By :M:r. :Mitcham of Clayton-

A bill to protect the fish, and to provide the manner of fishing in Fiint river and all creeks, streams, lakes, ponds and waters in Clayton county, Georgia, and to provide a penalty for violation of the same.

By :Mr. Buchannon of Early-

A bill to amend an Act entitled an Act to create and incorporate the city of Blakely, and for other purposes, so as to extend the corporate limits of the city of Blakely.

By Mr. 1fcCurry: of Hart-

A bill to authorize and empower Joseph J. Fretwell, his associates, soccussors or assigns, to construct and maintain a dam or dams for manufacturing, trade or commercial purposes, across the Savannah river, at or near Andersonville, South Carolina, at any convenient place on said river, and for other purposes.
The committee have also had under consideration the following bill, and instruct me, as their chairman, to report back the same with the recommendation that the same do not pass:

By Mr. Brinson of Decatur-
A bill to regulate the carrying of concealed. weapons in this State; to prescribe conditions of sale of pistol cartridges, and for other purposes.
Respectfully submitted, J NO. R. SHANNON, Chairman.

728

JOURNAl, OF THE HouSE.

1Ir. Howell, acting chairman of the Committee on Special Judiciary, submitted th~ following report:

Mr. 8peakt3r:

Your committee having had under consideration the following House bills, instruct me, as their chairman, to report them to the House with the recommendation that the same do pass by substitute:

By J\:fr. ]\!filler of Bullock-

A bill declaring it to be unlawful to poison dogs in certain cases in this State.

I am instructed to report the following bill back with the recommendation that it do pass:

By Messrs. Hardeman and Holder of Jackson-

A bill to amend an Act entitled an Act to create a board of commissioners of roads and revenues for Jackson county.

I am instructed to report the following bills back to the House with the recommendation that the same do not pass:

By Messrs. Hicks and Howard of Laurens-

A bill to amend the law appointing jury commissioners.

By :Messrs. Cann, Harden and Stovall of Chatham-

A bill to regulat3 the sale of liquor in cities having 20, 000 population, or more.

By J\!fessrs. Cann, Harden and Stovall of Chatham-

A bill to regulate the sale of liquor in cities having a population of 20,000, or more.

FR1DAY1 DECEMBER 5, 1902.

72~

By Mr. Calvin of Richmond-

A bill to amend section 2582 of the Civil Code of 189~.

By Mr. Tigner of 1Ius~ogee (by request)-

A bill to prevent the use of the public roads of this State by machines operated by steam, gasoline, etc.

By l\fr. Peyton of Habersham--r-

A bill to equalize the business and labor 9f the judges of the several circuits in this State, etc.

By Mr. Glenn of Whitfield-

A bill to amend section 4045 of the Code of 1895.

By Mr. Glenn of Whitfield-
A bill to make the charging or taking of greater rate of interest than 25 per centum per annum a misdemeanor.

By Mr. Dozier of Troup-

A bill to provide for judgment for value of property on

conviction of larceny.

-

I am instructed to report the following House resolutior. back with the recommendation that it do not pass:

By Mr. Underwood of White-
A resolution to authorize and direct the Governor to subscribe to a sufficient number of copies of "Georgia Justice,"
by C. li. Sutton, to supply the justices of the peace with a
copy.
Respectfully submitted.
W. S. HowELL, Acting Chairman.

730

]OURNAL OF THE HOUSE.

The Committee on Blind Asylum, submitted the following report:

]vir. S pcal;e1':

The Committee on Academy for the Blind desires to submit the following report:

On the 24th inst., we visited the institution and made .as complete an investigation o its affairs as we thought was necessary: vVe were pleased to note the good condition of the buildings and the admirable manner in which all o the details of the work of the Academy are managed. The instruction given the pupils is systematic and thorough, and can not fail to make of these poor afliicted children, honorable and useful citizens.

Nothing which we could say in regard to the sanitary o<Jonditions which exist, could be more expressive than the statement that there are 108 pupils in the two schools (77 white and 31 colored), and yet there was not a single case of sickness of any kind amongst them.

We examined and verified the report of the treasurer Of the board of trustees, and find that the expenditures for maintenance for the year ending September 30, 1902, were $18,485.04. The appropriation being $18,000.00, there would have been a deficit of $485.04, but $166.91 was received from other sources (sales of brooms, etc.), and the remainder, $318.13, was paid from the unexpended bal.ance of $1,943.34 on hand October 1, 1901.
The economical management of the institution had resulted in a small saving from former appropriations, but the increase in number of inmates and enhanced value of

o, FRIDAY, DECEMBER 1902.

731

supplies during the recent years has encroached upon this surplus, and October 1st of this year shows only the amount of $1,625.21 remaining on hand.

If the increased demands upon the trustees should con tinue in the future, this would soon be wiped out and ~ larger appropriation will be required to maintain the institution. vVe are in hopes that this will not be necessary, but are confident that nothing will be asked for which the exigencies of the case do not imperatively demand.

Of the extra appropriation of $2,000.00 made at last session of the Legislature for improvements and repairs, there remains an unexpended balance of $637.15, which will be used as needed.

The '~Pupils' Fund," which originated from personal contributions, amounting to $680.10, made by members of the General Assembly in 1854, was so judiciously invested and carefully fostered that it now amounts to $7,602.13. Inquiring of the trustees as to the final disposition of this fund, we were informed that it was their purpose to hold i~ intact until it reached $10,000, then invest this amount and use the interest only in aiding worthy graduates of the institution in such ways as would be deemed best to enable them to utilize the knowledge they had gained and make them self-supporting citizens.

In conclusion, we would say that it was a great pleasure to your committee to visit this, one of the best managed of the State's noble charities.

THOMAS J. M. KELLY, Chairman.

J. T. PEYTON,

JNo. R. SINGLETARY",

J. W. MAYSON,

JNo. H. DERRICK,

J. L. THOMPSON,

J. 0. LAWRENCE,

- c. s. T. STRICKLAND.

732

JOURNAl. OF TBK HOUSK.

Mr. Shackelford, chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
The Committee on Corporations have had under consideration House bill No. 370, a bill to be entitled an Act to incorporate the city of Russell, and authorize me, as their chairman, to report the same back to the House with the recommendation that the same do pass as amended.
Respectfully submitted.
Tuos. J. SHACKELFORD, Chairman.

1\fr. Shackelford, chairman of tl1e Committee on Corporations, sub~1itted the following report:

Mr. Speaker:
The Committee on Corporations have had under consi~ eration the following bills or the House, and instruct me, as their chairman, to report the same back to the House with the recommendation that the same do pass, to wit:
By :Mr. Mills of Cherokee-
A bill to be entitled an Act to place registration books in hands of notaries public and justices of the peace.
By .Mr. Cann of Ohatl1am-
A bill to be entitled an Act to amend the several Act& incorporating the town of \Varsaw.
Respectfully submitted. Tuos. J. SHACKELFORD, Chairman.

o, FRIDAY, DECEMBER 190'J.

733

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

By Mr. Mulherin of Richmond-
A bill to authorize county commissioners to charge a license against dealers in junk, etc., and for other purposes.

By Mr. McLain of Cobb-

A resolution for the relief of the Western and Atlantic Railroad Company.

By Mr. Alford of Worth-

A bill to amend an Act to incorporate the town of Sylvester.

By Mr. O'Quinn of Wayne-

A bill to compel railroad companies to run one train daily except on Sundays.

By Mr. Newton of ColquittA bill to amend the charter of the town of Doerun.

By Mr. Rawls of Effinghum-
A bill to make railroad companies liable for damages for -stock killed.

By Mr. Conner of Bartow-
Abill to protect fish in the streams of Bartow county.

By Mr. Howard of Baldwin-
A bill requiring the ordinaries of this Sta_te to approve official bonds.

734

JOURNAL OP Tmt Hous&

By Mr. Gaulden of Brooks-

A bill fixing the license fee for retailing liquors in Brooks county.

By Mr. Conner of Bartow-

A bill to require the State of Georgia to pay the expenses for which the county is liable of the trials against the Western & Atlantic Railroad in all cases.

By Mr. Pate of Gwinnett-

A bill to amend an Act to incorporate the town of Tripp.

By Mr. Fields of Dooly-

A bill to amend an Act to incorporate the city of Cordele.

By Mr. Owen of Pike-

A bill to create the Zebulon school district.

By Mr. Evans of Washington-
A bill to amend an Act to incorporate the town of Deepstep.

By Mr. Glenn of WhitfieldA bill to amend the charter of the city of Dalton.

By Mr. McCurry of Hart-

A bill to 'amend an Act creating a board of commissioners of roads and revenues for the county of Hart.

FRIDAY, DECEMBER 5, 1902.

73{)

By Mr. Shannon of Monroe-

A bill to provide for testing the illuminating qualities of illuminating oil.

By Mr. Mitcham of Clayton-

A bill to protct the fish in the waters of Clayton county.

By Mr. ?t.i.iller of Bulloch-
A bill declaring it to be unlawful to poison dogs in certain cases.

By Mr. Moses of Coweta-
A bill to incorporate the Young's Tanyard school district.

By Mr. Maples of Mitchell-
A bill to repeal an Act to amend the charter of the town of Camilla.

By Mr. Mulherin of Richmond-
. A bill to amend the charter of Augusta relative to levying a commutation tax.

By Mr. Fields of Dooly-

A bill to amend an Act to incorporate the city of Cor-dele.

By Mr. Newton of Colquitt-
A bill to amend an Act to create the city court of Moultrie.

136

JOURNAL OP THE HoUS&

J;y Mr. Calvin of Richmond-

A resolution authorizing the Commi~tee of Agriculture to make exhibit of State's resources at St. Louis Exposition.

By Mr. O'Quinn of Wayne-

A bill to enlarge the power of the railroad commission.

By Mr. Knowles of Floyd-

A bill to extend the corporate limits of East Rome.

By Mr. Blackburn of Fulton-

A bill to authorize street railroad companies to furnish steam heat.

By Mr. Mulherin of Richmond-

A bill to create a board of fire commissioners for the .city of Augusta.

By Messrs. Hardeman and Holder of Jackson-
A bill to amend an Act creacting a board of commis-sioners of roads and revenues of Jackson county.

By Mr. Evans of Washington-

A bill to amend an Act incorporating the town of Harrison.

By Mr. Stovall of Chatham-

A bill to cede to the United States the jurisdiction. over

FRIDAY, DECEMBER 5, 1902.

737

:a lot in the city of Savannah for the purpose of erecting thereon a marine hosp~tal.

By Mr. Cromartie.of Appling-
A bill to amend an Act incorporating the town of Hazle:burst.

By Messri!. Morris and McLain of Cobb-

A bill to incorporate the Leonard school district.

By 1\Iessrd. Holder and Hardeman of Jackson-

A bill to amend section 982, volume 1 of the Code relative to State rlepositories.

By Mr. Bower of Decatur-

A r.esolution to prorate the school fund" of each county to the colorerl and white races according to the amount of taxation paid by each.

By Mr. Mayson of DeKalb-

A resolution to appropriate $50 to Mrs. E. W. Stewart >for pension due her husband.

By Mr. Fields of Dooly-

A bill to require railroad companies to construct and .maintain specified crossways.

By Mr. Rodgers of Hall-

A bill to repeal an Act to protect game in Hall county.
47 h j

738

JOURNAl. OF THE HOUSE.

By Mr. Crumbly of Stewart-
A bill to prohibit the sale of spirituous, vinous and malt liquors _and. intoxicating bitters and ciders in Stewart county except as provided.

By Messrs. Slaton, Houston and Blackburn of Fulton--

A bill to amend the charter of Oakland City.

By Messrs. Morris and McLain of CobbA bill to amend the charter of Austell.

By Messrs. Steed and Hixon of Carroll-
A bill to establish a system of public schools m the town of Bowdt1n.
By Mr. Mills of Cherokee-
A bill to place the registration or voters' books in thehands of the various notaries public or ju,;tices of the peace of each militia di;;trict instead of in the hand;; of the tax collector.

By Mr. George of Morgan-
A resolution to increase the salary of the mayor of Madison, Ga.

By Mr. Johnson of BakerA resolution to pay pension due B. G. Smith.

By Mr. Beauchamp ot Butts-

A resolution to appropriate $180 pension money to Mrs. Mary E. F!int.

FRIDAY, DECEMBER ,5, 1902.

739

By Mr. Booth of Walton-

A resolution for the relief 'Of G. S. Duke.

By Messrs. Steed and Hixon of Carroll-

A bill to prescribe the manner of electing county school commissioners.

By Mr. Jones of Pickens-

A bill to incorporate the Marble Hill school district. By Messrs. Steed and Hixon of Carroll-

A bill to amend an Act to incorporate the town of Bowdon.

By Mr. Newton of Colquitt-

A bill to amend an Act to establi h a system f publ l schools for the town of Doe~un.

By Mr. O'Quinn of WayneA bill to amend an Act to establi~h a system of public
schools in the town of Jesup.
By Mr. Mills of Cherokee-
A bill to provide for the placing in the bauds of the notaries public and justices of the peace the registration book for each malitia district.

By Mr. McCurry of Hart-
A bill to authorize Joseph Fretwell to canstruct a dam across the Savannah river.

740

JOURNAL OF THE HOUSE.

By 1\Ir. Buchannon of Early-

A bill to amend an Act to incorporate the city of Blakely.

By 1\fegsrs. Candler and George-

A resolution providing for the appointmC'nt of a tax commission.

By Mr. Calvin or Hichmond--

A bill for the protection of birds and their nests.

By 1\Ir. Knight ot Berrien-

A bill to create a district court fur the city of Tifton.

By l\Ir. Steed of Taylor-

A bill to amend section 4924 of the Civil Code which relates to the granting of injunctions.
By l\Ir. Tignor of Muscogee-

A bill to amend paragraph I, section 1, article 7 of the Constitution which relates to the power of taxation to be exercised by the General Assembly.

By Mr. Edwards of Marion-
A bill to amend au Act to establish a dispensary in the town of Buena Vista.

Ry Mr. George of Morgan-
A bill to incorporate the town of Boston in the county of Morgan.

FRIDAY, DECEMBER 5, 1902.

741

On motion of Mr. Conner of Bartow, House bill No. 353 was tabled.

By Mr. Stanford of Harris-

A bill to establish a dispensary iu the town of Hamilton.

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

By Mr. Merritt of the 20th district-

A bill to reorganize the military forces of this State, and for other purposes.

Referred to Committee on Military Affairs. By Mr. Perry of the 33d district-

A bill to require defendants in cases at common law and equity to set forth answer in paragraphs in certain cases, and for other purposes.

Referred to General Judiciary Committee.

By Mr. Park of 37th district-

A bill to provide for the testing of illuminating oil, and for other purposes.
Referred to Committee on General Agriculture.

By Mr. Howell of the 35th district-

A bill to amend section 2017, volume 2 of the Code relative to the isduing and granting of corporate powers.

742

JOURNAL OF THE HOUSE.

Referred to General Judiciary Committee.

By Mr. Comas of the 3d district-

A bill to amend an Act to amend section 1541, volume 1 of the Code, which prescribes the number of names to be certain petitions, and for other purposes.
I
Referred to Committee on Temperance.

By Mr. Clements of the 15th district-

A bill to authorize the prison commission to hire the labor of felony convicts for a period of five years, and for other purposes.

Referred to Committee on Penitentiary.

By Mr. Perry of the 33d district-

A bill to amend the school laws or this State, and for other purposes.

Referred to State Library Committee.

By Mr. Comas of the 3d district-

A resolution to authorize the burning of cancelled bonds and for other purposes.

Referred to General Judiciary Committee.

~y Mr. Sweat of the 5th district-

A bill to make it a misdemeanor to be intoxicated upon any street or public road of this State, and for other purposes.

FRIDAY, DECEMBER 5, 1902.

743

Referred to Committee on Temperance.

:By Mr. Lee of the 44th district-

A bill to provide for the protection of officers and employees of the State penitentiary, and for other purposes.
Referred to Penitentiary Committee.

By Mr. Christie of the 11th district-
A hill to establish a system of public schools in the city of Fort; Gaines, and for other purposes.
Referred to Committee on Education. B.v :Mr. Comas of the 3d district-
A bill to prohibit the selling or giving away to convicts ~my spirituous liquors, and for other purposes.
Referred to Committee on Penitentiary.

By Mr. l.ee of the 4Hh district-
A bill to require the attorney-general to perform without eo'mpem.ation the duties of the attorney of the Western and .At.lantic Railroad.

Referred to General Judiciary Committee.

-BJ J\fr. Perry of the 33d district-

A bill to suppress the evil of keeping gaming houses men:tion~d in section '398, volume 3 of the Code.

Referred to Genernl Judiciary Committee.

744

JOURNAL OF THE HOUSE.

By Mr. Jordan of the 28th district-

A 1esolution to appoint a joint committee to visit the College of Agriculture and :Mechanical Arts at Athens, and for other purposes.

Ordered to lay on the table for one day.

By !fr. Howell of the 35th district-

A resolution to authorize the Brumby Memorial Association to erect a monument upon the Capitol grounds.

lleferrcd to Committee on :Military Affairs.

By l\Ir. Van Buren of the 21st district-

A bill to repeal an Act to reduce the compensation of the treasurer of \'{ilkinson county, and for other purposes.

Referred to Committee on Corporations.

By Mr. Comas of the 3d district-

A resolution to pay pension of .Josiah Lucas, of Appling county.

Referred to Committee on Pensions.

By Mr. Perry of the 33d district-

A resolution to memorialize the Georgia Senators and Representatives in Congress to have the United States reimburse the State for certain Indian war claims.

Referred to Committee on Military Affairs.
The fol1owing Senate biUs were read the second time~ to wit:

FRIDAY, DECEMBER 5, 1902.

745

By :Mr. :M~~fichael-

A hill to amend article 8, section 4, paragraph 1 of the Constitution of Georgia.

By :Mr. Jordan of the 28th district-
A hill to create a commission to investigate the :feasibility of locating an agricultural and industrial college in each Congressional district in this State, and for other purposes.

By Mr. Davis of tho 17t,h district-
A bill to amend an Act to incorporate the town of :Midville, and for other pnrposes.

By Mr. Hopkins Qf the 7th district-

A bill to amend tho charter of the city of Thomasville, and fur other purposes.

Dy l\fr. Worsham of the 22d district-
A bill to incorporate the Forsyth school district, and for other purposes.

By l\fr. Harrell of the Sth district-
A bill to amend section 982, volume 1 of the Code, so as to make the city of Pelham a State depository.

By Mr. Hopkins of the 7th district-
A bill to incorporate the town of :Merrillville, m Thomas county.

746

]OURNAL OF THE HOUSE.

By l\fr. Skelton of the 31st district-

A bill to change the time of holding the General Assembly.

By ~fr. Hopkins of the 7th district-

A bill to authorize administrators, executors, etc., who :are required by law to give bond, to charge the cost of such bond, and for other purposes.

The hour of adjournment having arrived, the Speaker mmonnced the House adjourned until !) o'clock to-morrow morning.

Atlanta, Georgia. Saturday, December 6, 1902.

The House met pursuant to adjournment at 9 o'clock a.m. this day; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called and the following members answered to their names :

Adams, Akin, Arnold, Ayres, Haldwlu, Beall, Beauchamp,

Hell of l!lmanuel, Bell of Milton, Blackburn, Hooth, Bower, Hoykln, Hrlnson,

Hrock, Hrowu, Bruct:, Buchan, Buchannon, Hurton, Butts,

SATURDAY; DECEMBER 6, 1902.

i47

{.)alvin,

Candler,

{.)ann,

(Jarr,

Carrington,

(Jarswell,

Ullatt,

-Donner,

Cook, Cromartie,

'''

-urumtlly,

Daves,

Davis,

Davison,

Deal,

Derrick,

Dozier,

Duckett,

'~~

Duggan,

Ounbar,

Edwards,

i~ngllsh,

]~Y8DS,

Felder,

Fields.

Flanigan,

Flynt,

Foster or Oconee,

Foster ,of '!'owns,

Franklin,

rrussell,

1::au!den,

George,

-Glenn,

Grenade,

Grice,

Griffin,

Hall,

Hardeman,

Harden,

~

Hawes,

Hayes,

Hendry,

Overstreet,

Henry,

O'Qulnn,

Hixon or Oarrou, Parker,

Hixon or ~umter, Pate or Gwlnnett,

Holder.

Paulk or Uolree,

Houston,

l'eyton,

Howard or Haldwln, Phillips or J errerson,

Howard or Laurens, Preston,

Howell,

Proctor,

Hutcheson,

Rainey,

.Tohnson or Ullnch, Rankin,

Jones or Dougherty, Hawis,

Jones or l:'lckE>ns, Hedwlne,

Kelly,

Held,

Kendrick,

IUce,

Kent,

Uldley,

Kilburn,

Itogers or Hall,

!~night,

Rogers or Mclntosto,

Knowles,

Hoper,

Lane,

Rountree,

Lanier,

Sanders,

Lawrence,

Shackelford,

Leigh,

Shannon,

Little,

Slaton,

Lowe,

Spence,

:\I ann,

Stanford,

Martin,

Steed of Uarroll,

!\:Iayson,

Steed or raylor,

Miller of .Bullock, Stewart,

Miller or Muscogee, Mills, Mitcham, Mitchell,

Stovall, Strickland, Thompson, Thurman,

1\Ioses, Mulherin, McBride, 'MclJurry, McElmurray, 1\lcHenry, McLain,
~ewton,
Owen,

Tigner, Tracy, Underwood, Valentine, Walker of Monroe, Watren, Welch, Wellborn, West,

748

JOURNAl. OF THE HOUSE.

Whitley, \VIIson, Wise,

Womble, \Vooten.

Yates, :.Ut. !5peaker.

Those absent were Messrs.-

Alexander, Alford, Almond, Bowen, Bush. Ennis, Hicls,

.Toilnson or Baker, Pate of Dooly,

.Tohusou or Urawroro,Paull or Irwin,

l\Iaples,

Phillips of Quitman,

:\lizell,

Richardson,

.Morton,

Singletary,

l\lcHne,

IValker or l'lerce,

Nisbet,

\Vatson,

}!r. Flanigan of Gwinnett, reported that the J onrnai of ye~terday's proceedings had been examined and found correct.

}ir. Dozier of Troup, ga,e notice that at the proper time he would move to reconsider the action of the House in past'ing Honse bill K o. !)2, which is a bill to make the town of Hogansville a State depository.

Tho general tax Act was again taken up for further conF>idoration of the House, and the following amendments. were offered and rAad, to wit:

Tltc committee propoeed to amend as follows:

To amend by inserting a new section, as follows, to be numbered section J R, to wit:

SEc. 18. Be it further enacted by the authority aforesaid, That every corporation incorporated under the laws of any other State or foreign country (except telegraph, telephone, express, sleeping car, insurance, and such other incorporations as pay to this State a specific or an income or percentage tax on gross premiums as elsewhere pro-

SA'l'URDAY, DECEMBER 6, 1902.

749

yjJeJ in this Act), and having an officc1 agency, salesroom, warehouse or plr,cc of lmsinesR in this State and doing bnsineHs "ithiu thiR State, shall pay annually to the Comptroller-General, for the usc of the State, an occupation or privilege tax, for the privilege of exercising their corporate powe:rs or franchises in this State, which said occupation or pri \i!Pge tax shall be assessc<l by 1'he ComptrollerGcnernl npon the follO\ring basis, to wit: On each corpor;lti"oH whose pairl-np capital stock is $25,000.00 or nnder, the snm of $2;").00; on each corporation \rhose paid-up eapital ~tock is over $2;),000.00, anrlnot over $100,000.00, the snm of $:)0.00; on pach corporation whose paid-up capital stock is over $100,000.00 and not over $200,000.00, the :mn of $100.00; on each corporation whose paid-ui' eapital i;; 0\er $200,000.00, mHl not oyer $300,000.00, the sum of $150.00; 1111 eaeh corporation \rhose pa1d-up capital st0ck is oYer $:100,000.00, and not over $400,000.00, the snm of $200.00; on eaeh corporation whose paiil-np capitnl is over $400,000.00, and not oYer $500,0IJO.OCJ, the smn of $250.00; 011 each corpot'ation "bose pai(l-np capital stock it' over $500,000.00, all(l less than $1 ,OOU,OOO.OO, the sum of $;)00.00; on each corporation \rhoso paid up capital stock is $1,000,000.00 or oyer, the smn of $1,000.00. Before comme1wing the cx~eise of itl'l corpo:atc franf~hise in this State, or doing ariy business thereunder in this State, every such corporation shall file with the Comptroller-General a certified copy of its chartet, \\"ith a statement under oath by its chief fiscal officet ot agent within this State, stating the amount of paW.-up capital stock, and the occupation or privilege t!lx herein pre,;cribed shall be then and there paid to the ComptrollerGeneral for the calendar year or the nnexpired portion thereof, and thereafter the said occupation or privilege tax ~hall be paid annually before the 31st day of .Tanuary for

750

JOURNAL OF THE HOUSE.

each calendar year. Tho Comptroller-General shall issue his formal receipt therefor, which said receipt shall be posted by sneh corporation in a conscipuous place in ite principal office or place of business in this State. Any increase in the pai<l-up .capital stock of any corporation as af,Jl'csai<l, shall he includc<l iu its next annual application for its oecnpat~on or privilege license as herein provided, made after sn<'h increase. Tho same penalties proYided in this Act for other tax defaulters shall be applicable to and enforced l1y the Comptroller-General by exe.cution against defaulters under this section. ~o corporation which has paid the occnpation or privilege tax herein prescribed shall be liable for any other occupation or privilege or other tax, except licenses required by municipalities, and except ad valorem taxes on real and personal property liable to such nuder the laws of this State. The requirements of this section of this Act shall be advertised by the ComptrollerGeneral once a week for four weeks in each daily paper in this State, commencing by tho first day of January, 1003.

::\rr. Hei<l of Camphe11, called the previous question, which call was sustained and the main qnestion or~lcred.

Ou the a<loption of the amew1ment, ::\[r. Leigh of Coweta, called for the aye,; and nays, "hich call was sustained, anti mt taki11g tlw ballot t~iva voce the vote was as follows:

Those voting in the a:frlrmative were Messrs.-

Adams, Akin, Ayres, Baldwin,. Beall, Beauchamp, Bell of Milton, Candler,

Cllatt, Conner, Daves, Deal, Derrick, Duggan, Edwards, English,

l'fanigan, Fussell, Gaulden, Ueorge, Ul:nn. Hall, Hardeman, Hendry,

SATURDAY, DECEMBER 6, 1902.

751

Henry, Hixon of Carroll, Holder, Hutcheson, J ollnson of Cllnch, Jones of l'ickens, Kent, Knight, Lane, Laniel', Leigh,
Lowe, l\lurtln, Mayson, 1\llller or Bullock, Mitcham, 1\flzell,

:McElmurray, :.tcHenry, McLatu, Newton, Owen, Overstreet, O'Quinn, l'arl.:et, l'aulk of Cotree, !'reston, l'roctor, Hankin, Hawls, Hedwlne, Held, lUce,

Rogers of Hall, Roper, Rountree, Shannon, Spence, l'ltanford, Steed or Carroll,
~tcwart,
Thompson, Thurma'n,
Underwood, Walker of Monroe. 'Velcll, Whitley, 'Vomble, Yates,

Those voting in the negative were Messrs.-

Bell of Emanuel,

Blackburn,

Hoy kin,

Brocl,

Brown,

Bruce,

Buchan,

Huchannon,

Burton.

Butts,

Calvin,

Cann,

Carr,

Carrington,

Carswell,

Cool,

Crumbly,

Davis,

Davison, Dozier,

..~

~

Duckett, !

Dunbar,

Little,

!<.:vans,

1\Iann,

l<'ehiPJ',

l\lllls,

Fields,

Moses,

Fostcr or Oconee, l\lulherln,

Foster or 'l'owns, 1\IcCurry,

l'ranklln,

Peyton,

Grenade,

Hainey,

UtIce,

Rogers or Mcintosh.

Orittin,

Sanders,

Harden,

Shackelford,

Hawes,

Slaton,

Hayes,

Steed of Ta;rlor,

Hixon of Sumter, Stovall,

Houston,

Tigner,

Howard or r.nurens, 'Varren,

Howell,

Wellborn,

.Tones of. Dougherty, West.

Kelly, Kilburn,

Wise,

Wooten,

l - ~ '

Lawrence,

752

JOURNAL OF THE HOUSE.

Those not voting were Messrs.-

o\lexander,

Johnson of .Baker, l'aulk of llwJn,

A-lford,

.Tohuson of Urn wford, Phillips of Jefrerson,

Almond,

1\.enctriel.:,

Phillips or Quitman,

Arnold,

1\.nowles,

Hichnrclson,

Booth,

.\lapies,

Ridley,

Bowen,

1\liller of !\luscogee, Singletary,

Bower,

l\1 ftc hell,

~tricklaud,

Brinson,

Morton,

Tracy,

Bush,

1\fcBride,

Valentine,

Ctomartie,

~J cHue,

'Valker of l'ierce,

Ennis,

Nisbet,

"'atson,

Flynt,

l'nte of Dooly,

"'ilson,

Hicks,

Pate of Gwinnett, ~Ir. ~peaker.

Howard of Baldwin,

The roll-call was Yerifi0<l, and 011 counting the vote it \\'fls fon]](l that the ayes were 73, nays G2.

'flte amendment "as therefore adopted.

On 1he adoption of s0dion 18 of the hill, :\[r. Slaton of .Fnlton ealled for the ayes and ltays, whieh call was sus1ninC'cl, and on taking the ballot viva voce the vote was as lollm1 :- :

Those voting in the affirmative were :Messrs.-

Adams, Akin, Aytes, Baldwin, Beall, Beauchamp, Bell of Milton, Unndler, Uonner, Daves, Deal,

Derl'ick, Duggan, Edwards, English, Flanigan, FusseU, txaulden, George, Glenn, Hall, Hardeman,

Hendry, Henry, Hicks, Hixon of Uat-roll, Holder, Howell, Hutcheson, ,Johnson of mmch, .Tones of Pickens, Kent, Knight,

SATURDAY, DECEMBER 6, 1902.

753

~Lane,
J.anlet, Leigh,
I.owe, 1\Iartln,
~Mayson,
l\Iiller of Bullock, Mitcham, ~liz ell, .\IcElmurray, :McLain, Newton, Owen, Overstreet,

O'Quinn, Parker, Paulk of Uolfee, Preston, Proctor, Rankin, Rawls, l:{edwine, Reid, Rice, Rogers of Hall, Roper, Rountree, Shannon,

Spence, Stanford, Steed of Carroll, Stew11rt, 'fhompson, Thurman,
Tracy, Underwood, Walker of l\lonroe, Welch, Whitley, 'Vomble, Yates.

Those voting in the negative were :Messrs.-

Bell of Emanuel,

Blackburn,

l~oykln,

Hrinson,

.Brock,

Brown,

Bruce,

IInehan,

Buchannan,

Burton,

Butts,

Calvin,

Cann,

Carr,

'{)arrington,

Darswell,

{)llatt,

Cook,

-crumbly,

Davis,

Davison,

:Dozier,

,

Duckett,

Little,

Dunbar,

l\lann,

!<.:vans,

Moses,

Felder,

.\Iulherln,

Fields,

.\lcUurry,

l'oster of Oconee, ~IcHenry,

L'oster of '!'owns, Peyton,

l'ranklln,

Rainey,

Grenade,

Ridley,

Grice,

Rogers of Mcintosh,

Harden,

Sanders,

Hawes,

Shackelford,

Hayes,

Slaton,

Hixon of ~umter, Steed of Taylor,

Houston,

Stovall,

Howard of Baldwin, Tigner,

Howard of Laurens, 'Varren,

.Tones of Dougherty, Wellborn,

Kelly,

West,

Kilburn, Knowles, Lawrence,

Wilson, '\VIse, Wooten.

4S h j

754

JOURNAL OF THE HOt;SE.

'r.hose not voting were :M:essrs.-

Alexander, A.lford, Almond, Arnold, llooth, Bowen, Bower,
Bush, Oromart!e, Ennis, Flynt, Urittin,

Johnson of J::akm, rate of Gwinnett,

.Tohnson of Orawford, Paulk of Irwin,

Kendrick,

Phillips of Jetrerson,.

Maples,

l'l!illips of Quitman,

Miller or l\1 useogee, Hichardson,

l\Iills,

f;ingletary,

l\Iitchell,

Htrickland,

l\Iorton,

Yaleutine,

McBride,

"\Yalker of Pierce,

:\feRae,

"\Yatson,

Nisbet,

l\Ir. Speaker.

rate of Dooly,

Tl1e J'oll-eall was vcrified, mul 011 the :Hloption of the seetinu the ayes were 7J, nnys Gfi.
Tho ~eetion \\as therefore adopted.

:\1 r. }'ranklin of \\'a~hington, g:we notiec that at tlw ]>1 opPt' time he wonld mmc to reconsiller the action jn~t luHl iu adopting section 18.

Th followiug message was rc<'eiYed from the Senate tl11ong-11 :\Ir. Xorthcn, the Secretary thereof:

TJ,, SPnate has passed h:v the reqn1stt<' constitntional m:.jority tho following bill,;; of the Honse, to wit:
"" l1ill to incorporate the city of Tifton, in Berrien conn ty, and for other purposes.
.\ hill to incorporate the city of <killa, in Irwin county, r.wi fnr other purposes.
.\ bill to amend an Act approved Xowmher 7, 188!), soas tr, make the town of Rneluman the f'ity of Buchanan.

SATURDAY 1 DECEMBER 6, 1902.

755

A hill to incorporate the town of l3ethlehem, in the cc1wty d Walton, and for other purposes.

A bill to ameml the charter of the town of Boston, so a..; to enlarge and exoond the taxing powers of the mayor and council of said town, and for other purposes.

\ bill to amend an Act creating a hoard of county comJlllR>'IOJJers for the county of Bcrriell, and for othrr pur-
pt~fCR
.A bill to incorporate tho town of Soperton, in ~Iontgom ~~ry conllty, Georgia, and for other purposes.

\ bill to amend, com~olidatc a]}(l snpcrsc(le tlw several .\ctt' ineorporatinp; the to\\11 of Lonisvillc, Georgia, in the ecnnty of Jefferson, and for other pnrpnRcs, so as to pru\id' for waterW(Jrks, etc.

.A Lill to alter and amend an Act ~ incorporate the Sonthern :Mutual Insurance Company, approved Decemh<.>r 29, 1847, and the smcral Acts amendatory thr,~cof, awl {nr <'thor purposes.

;\ hill to am~md section fl82 of the Code of 1805, so as to ndd :Montezuma, Georgia, to tho liRt of depositorieR, aJ,,l for other purposes.

A Lill to amend tho charter of tho Buena Vista Loan aiil Savings Bank, and for other purposes.

Tho fo11owing message was rc>ccivod from the Senate tlnongh :Afr. N orthcn, tho Secretary thereof:

lllr. Speaker: . The Senate has passed as amended, by the requisite eon-

756

JOURNAL OF THE HOUSE.

si itHtional majority, the following bills of the House, to '.\'it:
..:\. bill to create a new charter for the city of HawkinsYille, in the county of Pulaski, Georgia, and for other purposes.
A bill to estalJlish the city court of Buchanan, in the city of Dnchanan, county of Haralson, and for other purpose,;.
Tl1e followiug resolution was read m~d referred to the Committee on Hules, to wit:
Dy ~Lr. :\Iulherin of Richmond-
A resolntion making Senate bill X o. 81, known as the military bill, the special order for Tuesday afternoon, Decembcr f!th, subject to the tax Act; the previous question to be called not lnter than 4:30 o'clock

Scetiuu 1 of t.lw general tax Act, which was passed over nutil the re;:t of the bill shoul(l have been completed, was t:tk(']< up for Hlloptioll.
~\lr. J Iall of BiLb, proposed to a1nmHl section 1, lines ;3
awl -, by striking out the following words: "three and
eighteen onc-lmndredths (a 18-100) mills," and inserting in lien thereof the following words: "fonr and seventeen oJw-lmndrcdLhs ( 4 17-100) mills."

On the adoption of the above amendment, Mr. Hall of Bihh callcrl for the ayes and nays, which call was sustained, an(l on taking the hallot riva rocc the vote was as follows:

Those Yoting in the affirmative were Messrs.-

Crumbly, Gaulden,

Hall,

Hixon of :Sumter,

SATURDAY, DECEMBER 6, 1902.

757

Those voting in the negative were Messrs.-

Adams,

Akin,

Ayres,

Heauchamp,

Hell or Milton,

Hlackburn,

Hoy kin,

Hrinson,

Hrock,

Hrown,

Buchan,

Huchannon,

Hurton,

Butts,

Ualvin,

Uandler,

Uann,

Uarr,

(.)arrington,

',f

Uarswell,

Uliatt,

Conner,

Cook,

Daves,

Davis,

Deal,

Derrick,

Dozier,

Duggan,

Dunbar,

English,

lflvans,

Felder,

Fields,

Foster of '!'owns.

li'ussell,

neorge,

Glenn,

. Urenade,

O'(Juinn,

Urice,

Peyton,

Harden,

Proctor,

Hawes,

Rainey,

Hayes,

Rankin,

Hendry,

ltawls,

Henry,

Uedwlne,

Hixon of Uatroll, Held,

Holder,

Rice,

Houston,

Ridley,

Howard or Haldwin, Rogers or Hall,

Howard of Laurens, Rogers of l\lclntosb,

Howell,

Hoper,

Hutcheson,

Rountree,

Jones of Dougherty, Sanders,

Jones of Pickens, Shackelford,

1\:elly,

Slaton,

Kent,

Spence,

KilbUl'n,

8tanrord,

Knight,

Steed or Carroll,

Knowles,

Steed or Taylor,

Lane,

Stewart,

Lanier,

Stovall,

Leigh,

Thompson,

Lowe,

Thurman,

1\Iann, Martin,

Tigner, .rracy,

Mayson,

Underwood.

Miller of Hullock, Mills, Mitchell, Moses, Mulherin,
~IcCurry,
McElmurray, McHenry, Newton, Overstreet,

Walker of Monroe, Warren, Wellborn, West, WbitlE>y, Wilson, Wise, Womble, Wooten, Yates.

758

JOURNAl. OF TH. Hous~.

Tlwse not voting were Messrs.-

Alexandet, Alford, Almond, Arnold, Baldwin, Beall, Hell of l!Jmanuel, Booth, How en, Bower,
Bruce_, Hush, Cromartie, Davison, Duckett, Bdwards,
I~nnis,
Flanigan, Flynt,

Foster or Oconee, Nisbet,

Franklin,

()wen,

Grittin,

l'arker,

Harden1an,

Pate or Dooly,

Hicks,

Pate or Gwlnnett,

Johnson or Baker, Paulk or Uotree,

Johnson of Ulinch, Paulk or Irwin,

J ohn.son or Urawford, Phillips or J etrerson,

Kendrici,

Phillips of Quitmnu,

Lawrence,

Preston,

Little,

Hichardson,

Maples,

Shannon,

Miller of Muscogee, Singletary,

Mitcham,

Strickland,

1\Jizell,

Valentine,

Morton,

Walker of Pierce,

McBride,

'\Vatson,

lllcLain,

We!ch,

1\If'l~ae,

Mr. Speaker.

By unammous consent the verification of the roll-call was dispensed with.

01~ the adoption of the amendment the ayes were 4, nays 111.

The amendment was therefore lost.

::\Ir. Franklin of Washington, moved to extend the sesRinu of this morning until the general tax Act should be (1i~l osed of.

}fr. }\lills moved to amend hy extending the session for tJ:jrty minutes.
The amendment was lost.

The motion of :\Ir. Franklin was then pnt to the Hons:: liTIU carried.

SATURDAY, DECEMBER 6, 1902.

759

::\lr. Felder of Bibb, moved that when the HonRe ad_}1 ns to-day it stand adjourned until 9 o'clock :Monday rit Jning.
The motion prevailed, but was afterwards reconsidered.

The following message was received from the Senate through :Mr. N orthen, the Secretary thereof:

lllr. Spealcer:

Tile Senate has passml by the requisite constitutional majority the following bills of the Senate, to wit:

A bill to incorporate the town of Atwater, in the county o{ Upson; to provide for the election of mayor and conn. <'ilmen, and for other purposes.

..A bill to arnen<l the charter of the town of N cwton, in Baker county, nncl for other purposes.

A bill to incorporate the town of Chester, m Dodge "county.
Discussion of the general tax Act was again resumed.

The committee proposed the following amendments, which were adopted, to wit:

To amend section 1 by inserting in line 6, and just before the word "mills," the following words: "three and eighteen one-h1mdredths (3 18-100)."

Also, to amend section 1 by inserting in line 11, before the word "mills," the following words: "one and eighty.two one-hundredths (1 82-100)."

760

jOURNAL OF THE HOUSE.

l\Ir. Grice o Pulaski, proposed to amend section 1 byadding aftor the figures "1903," the following: "and: 1904."

No qnorum having- voted on the above amendment, theSpeaker ordered a call of the roll so as to ascertain i a. quorum be present.

The following members answered to their names:

Adams, Akin, Baldwin, Beauchamp, Bell of JJlmanuei, Blackburn, Brinson. Brock, Brown, Bruce, Buchan, Buchannon, Burton, Butts, Calvin, Cann, Carrington, Carswell, Cllatt, Conner, Cook, Crumbly, Daves, Davis, Davison, Deal, Dozier, Duggan, Dunbar, Evans, !'elder,

l'ields,

Mann,

l<'ranklin,

Martin,

Fussell,

1\layson,

Gaulden,

Miller of Bullock,

George,

Mills,

Ulcnn,

l\1 i tchell,

Grenade,

Moses,

Grice,

Mulherin,

Hall,

McBride,

Hardeman,

McCurry,

Harden,

McElmurray,

Hawes,

:ucHenry,

Hayes,

~ewton.

Hendry,

0Yerstreet,

Henry,

O'Quinn,

Hixon of Carroll, Parker,

Hixon of Sumter, Paulk of Coffee,

Holder,

Peyton,

Houston,

Preston,

Howard or Haldwln, Proctor,

Howell,

Rainey,

Hutcheson,

Rankin,

Jones or Dougherty, Hawls,

Jones or Pickens, Redwine,

Kelly,

Reid,

Kent.

Ridley,

Knowles,

Rogers of Mcintosh.

Lane,

Roper,

Lawrence.

Shackelford,

Leigh, Lowe,

Shannon,
' - ... Slaton,

SATURDAY, DECEMBER 6, 190~.

761

Spence, Stanford, Steed ot Uarroll, Steed of 'l'aylor, Stewart, Stovall, Thurman,

Tigner, Tracy, Underwood, Walker of Monroe, 'Varren, Wellborn, West,

'\Vllson, 'Wise, 'Vombie, Wooten, Yates, Mr. Speaiter.

Those absent were Messrs.--

Alexander, Alford, Almond, Arnold, Ayres, Hean, Bell of Milton, Booth, Bowen, Bowet,
Hoykln, Bush, Candler, Carr, Cromartie, Derrick, Duckett, Edwards, English, Ennis, Flanigan,

l<'lynt,

Nisbet,

l<'oster of Oconee, Owen,

l<'oster of '!'owns, Pate of Dooiy,

Grittin,

Pate of Gwlnnett,

Hicks,

Paulk of Irwin,

Howard or LaurP.ns, Phillips of J etrerson,

Johnson of Baker, Phillips of Quitman,

Johnson of Ollnch, Hice,

Johnson of Orawrord,Richardson,

Kendrick,

Rogers of Hall,

Kilburn,

Rountree,

Knight,

Sanders,

Lanier.

Singletary,

Little,

Strickland,

Maples,

'l'hompson,

Miller of Muscogee, Valentine.

Mitcham,

Walker of Pierce,

Mizell,

Watson,

Morton.

Welch,

McLain,

Whitley,

McRae,

The call of the roll having disclosed the fact that 113 members were present, the House proceeded with the business before it.

Mr. Grice's amendment to section 1 was then put to the House and adopted.

The hour of adjournment of the regular session arrived, but it having been determined by previous motion, the session was continued for the specific purpose of disposing ot the general tax Act.

762

JOUR~AL OF THE HOUSE.

~\f r. Heid. of Campbell called. for the previous question on the hi 11, the amendments, aml on agreeing to the report (If the eunllnittee, ivhieh call was sustained.
Before the main question coul,l be put Mr. George of .\!organ, moved that \\hen the House adjourn it adjourn to meet ngain at 3 :30 o'clock this afternoon.

:Jh. Franklin of Washington, hold that the motion cou~d 11ut be entertained as the regular hour of adjournment had past aJHl the session had been extended for a specific purpose.

The Speaker ruled that the point of order was not well takcu, aml from this decision of the chair :Mr. Franldin :appoalerl. On being pnt to the House the vote to sustain the decision of the chair was unanimous.

~[r. Slaton moved that the general tax Act and the amendments thereto be tabled, which motion prevailed.

]~eave of absence was granted l\1r. Kelly of Glascock, -for the afternoon session.

On motion of ~[r. Slaton the Honse adjourned until .3 ::30 o'clock this afternoon.

3 O'clock p.m.
The House reconvened at this hour and was called to order by the Speaker.
On motion of :Mr. Felder of Bibb, the roll-call was dispensed with.
The following rcsolntion \\"US read and adopted, to wit:

SATURDAY, DECEMBER 6, 1902.

763

l~y ~I r. Dnnbnr of Hichmoml-

A re~olntion limiting <lobate on any measnrc this afternoon to five minntcs.

The following resolution \Yas also read, to \Yit: J3y ~Ir. George of ::\Iorgan-

A resolution fixing the order of business this afternoon as follows: :First, localllouse bills :for third reading; second, House bills :for first realling; third, House hills for second reading; :fonrth, Senate bills :for first reading; sixth, Senlite bills for second reading.
On motion of ::\fr. :Felder of Bibb, the above resolution was tabled.

The :follo\\;ing bills were rend the third time and put upon their passage, to wit:

By ~Ir. Knowles of Floyd-

A bill toextend the city limits of the town of East Home, and :for other purposes.

On motion of the author the above bill was tabled.
:Mr. Adams o Putnam, gme notice that at the proper time he would move to reconsider the action of the House in passing Honse bill No. 1135.
11y ~Ir. Stanford of Hnrris- .
A bill to establish a dispensary in the city of ~amilton, and for other purposes.

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

764

JOURNAL OF THE HOUSE.

On passage o the bill the ayes were 90, nays 0. Tho bill having receivetl the requisite constitutional majority was passetl.
By )Jr. :Mulherin of Richmond-

A bill to create a board of fire commissioners for the city of Augusta, and for other purposes.

Tho report of the committee, which was favorable to tho passage o the bill, was agreed to.

On passage of tho bill the ayes "ere 90, nays 1.
The bill having received the requisite constitutional majority was passed.
~fr. \Vellborn, chairman of the Committee on Enrollmont, submitted the following report:

Jh. Speaker:
The Committee on Enrollment have examined and report as properly enrolled, duly signed and ready for delivery to the Governor, the following Acts, to wit:

An Act to incorporate the town of Finlcyson, in Pulaski county.

Also, au Act to amend the chatter of the town of 11Iaysville.

Also, an Act to prescribe the manner of selling cocain.

Also, an Act to amend the charter of the city of ].Iilledgevillc.
Also, an Act to amend the charter for the town of Temple.

SATURDAY, DECEMBER 6, 1902.

765

Alw, an Act to repeal the Act creating the city court
<Jf J c1fcrson.

Al;:o, au Act to amend section 982 of the Code of 1895.

.A1:>o, an Act to extend the corporate limits of the city <Jf Carrollton .
..:\hP, an Act to amend the charter of the city of Hamilton.

Also, a resolution providing a joint committee to visit State Cniversity.

\lso, an Act to incorporate the town of Statham. Also, an Act to amend section 5113, Code of 1895.

Also, an Act amending the Act authorizing the town of ~oreross to issue bonds.
"\lso, an Act to incorporate the Yillage of Ohe.
\!so, an Act to incorporate the town of l~dison.
~\lso, an Act to amend the Act cleating the city court of -Bartow .
\lso, an Act to amend the charter for the city of Val{1ostn.
,\!so, an Act to extend the limits of the city of Albany.

Aho, an Aet to amend charter of the city of Tennille..

Also, an Act to amend the Act creating the county court <Jf Greene county.

766

JOURNAL OI<' THE HOUSE.

1\lso, HJt Ad to ammtd tho charter of the town of Pilto-
]llll'st.

_\1.-o, an .\et to ~cpeal the eharter of tho town of Ocilla.

\l~o: an "\ct. tc repeal an Act incorporating the tmYn o
StatlutlJI.

"\]s,,, m1 .\et to JH'OYidc for rcmmal of obstructions from J'111llling streams in J\fnnroc couuty.

,\ bo, an "\et to amCJ](l Ad to create a board of polirro <'fHntJJic;,.;ioucrs for the city of Angnsta.
\1,-o, an _\ct to change the time of holding Greene superim enJtrt.
"\bo, an .\ct. to aJnCt](l an "\ct. ercatiug a board of county cmnJni~~i.mcrs for Glyrm connty.
,\l.~o, :m .\ct to nmmt<l tltc dwrtcr of the city of CcdJrtO\rn.

Also, an .Act to abolish the city court of Wa.yncsboro.

Also, an Act to amend the charter of the city of Rmnfl,

Al,.;o, nn ~\ct to incorporate the city of Statesboro.
\],.;o, an ;\ct to cstnhlish the eity'comt of Hamilton, 111 Uanis conntv.

;\],;o, an .Art to anwn<l the el:nrtcr of the town of Fny!'t.tc\illC'.
Respectfully submitted,
0. J. wELLBORN, Jn., Chairman.

.j.

SATURDAY, DECE:\IBER 6, 1!)0:2.

767

The following hill was rend aud the Senate amcllllmellt COIIClU"rcrl in, to wit;

By ?lfr. Wise of Fayette-
A bill to establish the city court of Fayetteville, and f:r other purposes.
The Senate p1opo;:;ctl to amend by striking the followiu~
\vorrls in sretion :n, after the word "ronrts," in line 1:1, to
"it: ''Provided, tltat this section shall r10t apply to those presentments and indictments under which no arrests have !:con nuH1<>, or those nndor whieh arrc-=;t;;; have llCcn made~ ami tho bo]1(l of tho dPfmtdant forfeited."

Tho nf'xt hill for a thirrll'Pallillg was:

Dy ?l[r. Shaekclford of Clarke--

.\hill to mncJI(l :m _\d to <reate a di>'pcltf<ar_v in tlw city of Athens, mHl f11r other purposes.

Tho report of the connnittPc, whieh was favorable to tlw passage of the bill, "as agreed to.

On passage of the bill the ayes \\'Pl'e UO, nays 2.

The bill haviug received the rc<ptisite constitntionalmajurity was passe<l.
On motion of ~Ir. Howard of Bal<lwin, Honse hill Xo.
088 was tabled.

Dy :Mr. Blaekhnm of Fulton--

A bill to amend an Act to proville a new chartm; for thetown of East l>oint.

768

JOURNAL OF 'HE HOUSE.

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

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

Hy ~lr. Butts of Glynn-

~\bill to amend an Act to create the city court of Brnnswid..-, Georgia, and for other purposes.

The rc:port of the committee, whieh "as favorn~J~e to the passage of tho bill, was agreed to.

On passage of the bi.ll the ayes were 90, nays 0.

The hill having received the requisite constitutional majwit,v "a-; passed.
Dy ~lr. Gc:orge of :Morgan-

..\ hill to be entitled an Act to incorporate the town of TiostwiPk, an(l for other purposes.
Tlw rPpnrt of the committee, which was favorable to the passage of the hil1, was agreed to.
On passuge of the bill the ayes were 90, nays 0.
Tho hill having received the requisite constitutional majority "as passed.
The following bill was read the fir;;t time by unanimous consent, to wit:

SATURDAY, DECEMBER 6, 1902.

76{)

By :Mr. vVelch of Gilmer-
A bill to incorporate the town of East Ellijay, nml for other purposes.
Referred to Committee on Corporations.

The following resolutions were read, to wit:

By :Mr. Wellborn of Union-
A resolution making House bill No. 390 special order to follow bill No. 217.

Referred to Committee on Rules.

By :Mr. Brock of Dade-
A resolution providing for tho appointment of a committee to investigate the State Sanitarium and certain charges made against said institution.
Ordered to lay on the table for one day.

The next bill for a third reading was: By :M:r. :Moses of Coweta-

A bill to incorporate the Young's Tanyard school 'district, 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.

The bill having received the requisite constitutional majority was passed.
49 h j

770

jOURNAl, OF THE HoUSE.

By :Mr. Knight of Berrien-

A bill to create a district court for the city of Tifton.

The report o the committee, which was favorable to the faSsag0 of the bill, was agreed to.

On passage of the bill the ayes were 83, nays 6.

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

On motion of Mr. Felder, the House reconsidered its action in not passing the above bill.

Mr. Knight of Berrien, then moved that the bill be tabled, which motion prevailed.

:ur. Warren, acting chairman of the ,Special ,Judiciary Committee, submitte<l the following report:

M1'. Speaker:

Yonr Committee on Special Judiciary has had under consideration House bill No. 468, and they instruct me, as their chairman, to report the .same back to the House with the recommendation that the same do pass by substitute.

Respectfully submitted. GEoRGE M. WARREN, Acting Chairman.

l\Ir. Slaton, chairman of the General ,Judiciary Committee, submitted the following report:

Mr. Speaker:

The General Judiciary Committee have had under consideration the following House bills, which I am instructed;

SATUR~:\.Y1 DECEMBER 6, 1902.

771

:11S their chairman, to report back with the recommendation that the same do pass, to wit:

A bill to amend an Act to provide a new charter for the town of East Point.

A bill to amend an Act establishing the city court of Bnms"ick.
Respectfully submitted, J onN ::M. SLATON, Chairman.

Mr. Shannon, chairman of the Committee on Countiet> :ana County :Mutters, submitted the following report:

.J.lfr. Speaker:
The Committee on Counties and County Matters have ~had under consideration the following bills, and have itt structed me, as their chairman, to report back the same with the recommendation that the same do pass as :amended:
By 1Ir. Tracy of Webster-

A bill to create and establish a county dispensary for the sale of spirituous, vinous and malt liquors in 1:he county -<lf Webster, in this State, and for other purposes.
By )Ir. Mitcham of Clayton-
A bill to provide for the removal of obstructions other ihan dams for operating mills, or other machinery, from -streams of Clayton county, and for other purposes.
Respectfully submitted. JNO. R. SHANNON, Chairman.

772

]OUilNAL OF THE HOUSE.

Mr. Mulherin of Richmond, the chairman of the Committee on :Military Affairs, submitted the following report:

111r. Spealr.er:

The Committee on Military Affairs have had under consideration the following bill and resolution, and direct meto report the same back to the House with the recommendation that the bill do pass, and that the resolutions be adopted, to wit:

By ::Mr. Merritt of the 20th-

Senate bill X o. 81, to reorganize the military forces ofthis State, etc.

By 1[r. Perry of the 33d-

A joint resolution concerning the reimbursement by the Federal goYernment to the State cf certain monies.

By Mr. Howell of the 35th-

A resolution to authorize the Brumby ~Iemorial Association to erect a monument ori the Capitol grounds, etc.

ReslJOctfully submitted. P. l\L ~Iur.IIERINJ Chairman.

l\[r. Adams, chairman of the Committee on Temperancersnbmitted the following report:

Mr. Speaker:
The Committee .on Temperance having had under consideration the following bill, report the same back tv theHouse with the recommendation that it do pass, to wit:

SATURDAY, DECEMBER 6, 1902.

773.,

:1~y lir. Howard o:f Baldwin-

A bill to establish a dispensary in Milledgeville, Baldwin county.
.Respectfully submitted, GEo. W. ADAMS) Chairman.

Mr. Shackelford, chairman o:f the Committee on Corporations, submitted the :following report:

Mr. Speaker:

The Committee on Corporations have had under consid. eration House bill No. 392, a bill to be entitled an Act to amend an Act approved August 31, 1891, establishing a dispensary o:f liquors in Athens, Georgia, and instruct me, as their chairman, to report the same back to the House with the recommendation that the same do pass as amended.
Respectfully submitted.
THos. J. SHACKELFORD) Chairman.

Mr. Shackelford, chairman o:f the Committee on Corporations, submitted the :following report:
.'t1. Spealoer:

The Committee on Corporations have had under consid
the oration House bill No. 459, a bill to be entitled an Act t()
amend an: Act to establish a public sehool system :for town o:f ::IM;al'S41lllvUle, Georgia, instruct me, as c}j.airman,
to report the same back to the House with the r.~~ommend~~
J:ion that the same do pass.
R~spectfully sub!D-i~ted~
THos. J. SHACKELFORD, Chainnan. ! 1 ~ ..

774

JOURNAL OF THE HOUSE.

Mr. :Morris, chairman ex officio, of the Committee Olli Rules, submitted the following report:

Mr. Speaker:

The Committee on Rules have had under consideration House resolution No. 108, by ~Ir. Duggan of Randolph,. providing, after the passage of the resolution, all Sundaysin the session of the General Assembly be declared dtes: non, and have instructed me to report the same back with. a recommendation that the resolution pass by substitute.
Respectfully submitted.
N. A. MoRRIS, ex officio Chairman.

The foJ!owing resolution was read, to wit:

By Mr. Duggan of Randolph-
A resolution to declare Sundays during the remainder of' this session dies non.
On motion of Mr. Felder of Bibb, the resolution wa~ tabled.
On motion of Mr. Fields of Dooly, the session of this afternoon was extended for one hour in lieu of having a. night session.
On motion of Mr. Mulherin of Richmond, House bill No. 326, to amend the charter of Augusta, was tabled.
By unanimous consent the following bill was read the first time, to wit:

By Mr. Wooten of Montgomery-
A bill to repeal an Act to e~tablish the city court of Mt..
Vernon.

SATURDAY, DECEMBER 6, 1902.

7i5

Referred to Special Judiciary Committee.

The following Senate bill was read the third time and put upon its passage, to wit:

By Mr. Lee of the 44th district-

A bill to cede jurisdiction over certain lands in the counties of Walker and Catoosa, to the United States.

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

On passage of the bill the ayes were 90, nays 0.

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

The next House bill for a third reading was:

By lfr. Edwards of Marion-

A hill to amend an Act to establish a dispensary in the town of Buena Vista.

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 88, nays 0.

The bill having received the requisite constitutional ma-

jority was passed.

.

By Mr. Buchannon of Early-

A bill to amend an Act to create the town of Blakely.

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

776

JOURNAL OF TlUt HOUSE.

On passage of the bill the ayes were 90, nays 0.

The bill having !eceived the requisite constitutional majority was passed.
By :Messrs. Hardeman and Holder of Jackson-:-

A bill to amend section 982, volume 1 of the Code, so as to make the city of Winder a State depository.
The report of the committee, which wa~ favorable to the passage of the bill, was agreed to.

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Newton of Colquitt-

A bill to amend an Act to create the city court of Moultrie.
The r~port 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.

The bill having received the requisite constitutional majority was passed.

By J\;Icssrs. Slaton, Houston and Blackburn of Fulton-

A bill to amend the charter of the town of Oakland, and for other purposes.

'J.'he report of the committee, which was favorable to the passage of the bill, was agreed to.

SATURDAY, DECEMBER 61 1902.

771;

On passage of the bill the ayes were VO, nays 0.

The bill h11ving received the requisite constitutional majority was passed.

On motion of :Mr. Hardeman, Honse bill No. 370 was tabled.

By :Mr. Glenn of Whitfield...:._

A bill to amend the charter of the city of Dalton, 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 88, nays 0.

The bill having received the requisite constitutional majority was passed.

House bill No. 393 was tabled on motion of the author.

By !ir. Howard of Baldwin-
A bill to use the State convicts to improve and beautify the grounds of the State Normal School at Milledgeville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On passage of the bill tl1e ayes were 90, nays 0.
The bill having received the requisite constitutional majority wail passed.

778

JOURNAL OF THE HOUSE.

By ~ir. Newton of Colquitt-

A bill to amend the charter of the town of Doerun.
The report of the committee, which was favorable to thepassage of the bill, was agreed to.
On passage of tho hill the ayes were 90, nays 0.

The bill having roceiveu the requisite constitutional majority was passed.

By Mr. Newton of Colquitt-

A bill to amend an Act and create a system of publicschools in the town of Doenm.

The report of the committee, which was favorable to thepassage of the bill, was agreed to.
On passage of the bill the ayes were 90, nays 0.
The bill having received the requisite constitutional majority was passed.
By :Mr. Fields of Dooly-

A bill to amend an Act to incorporate the city of Cordele.

The report of the committee, which was favorable to thepassage of the bill, was agreed to.
On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

\

SATURDAY, DECEMBER 6, 1902.

779

By l\fr. Fields of Dooly-

A bill to amend an Act to incorporate the eity of Cordele.

The report of the ~mmittee, which was favorable tt) the passage of the bill, was agreed to.

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

By l\fr. :Maples of :Mitchell-

A bill to repeal an Act to amend the charter of the town of Camilla.

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.

The bill having received the requisite constitutional majority was passed.

By Mr. Owen of Pike-

A bill to create the Zebulon school district, m Pike county, and for other purposes.

The report of the committe, which was favorable to the passage of the hill, was agreed to.

On passage of the bill the ayes were 94, nays 0.

The hill having received the requisite constitutional majority was passed.

780

JOURNAL OF THE HOUSE.

By Mr. :McCurry of Hart-

A bill to amend an Act to create a board of commission1'8 of roads and revenues for Hart county.

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

Ou passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

By 1\fr. Hardeman of Jackson-

A bill to incorporate the city of Russell.

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.
'l'he bill having received the requisite constitutional majority was passed.

By l\fr. Stovallof Chatham-

A bill to cede jurisdiction over a certain lot o land in Savaimah to the United States government.
The committee offered a substitute which was read ~nd adopted.

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

On passage of the bill the ayes were 88, nays 0.

SATURDAY, DB:CEMBER 6, 1902.

781

The bill having received the requisite cor.stitutional majority was passed.
By Mr. Evans of Washington-
A bill to amend an Act to incorporate the town of Deepstep.
The report o the committee, which was favorable to the passage of the bill, was agreed to,
On passage of the bill the ayes were 88, nays 0.
The bill having received the requisite com:titutional majority was passed.

By :Mr. Pate of Gwinnett-

A bill to amend an Act to incorporate the town o Trip, in Gwinnett connty.
The report of the committee, ,vhich was favorable to
. the passage of the bill, was agreed to. On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passe.d.

By Mr. Cromartie of Appling-

A bill to amend an Act to incorporate the town of Hazellmrst.
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 89, nays 0.

782

JOURNAL OF THE HOUSE.

The bill having received the requisite constitutional rna jority was passed.

B.Y l\Ir. J onod of Pickens-

A bill to incorporate the Marble Hill school district, in the county of Pickens.

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.

The bill having received the rec1uisite constitutional rna jority was passed.

By :Mr. EYans of Washington-

A bill to amend an Act to incorporate the town of Harris.
'J'he :-eport of the committee, which was favorable tol the passage of the bill, was agreed to.

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional rna jority was passed.

By }fessrs. Hardeman and Holder of Jackson-

A bill to amend an Act to create the board of commis>ioners of roads and revenues for the county of Jackson.

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

Qu passage of the bill the ayes were 90, nays 0.

SATURDAY, DECEMBER 6, 1902.

783

The hill having received the requisite constitutional mt.. jority, was passed.

By :Mr. Crumbly of Stewart-

A bill to prohibit the sale of liquors in the county of Stewart.

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

I~y :Mr. George of :Morgan-
A resolution to increase the salary of the mayor of Madi-son, Georgia.

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.

The bill having received the l'equisite constitutional majority was passed.

By :Messrs. Steed and Hixon of Carroll-
A bill to establish a system of public schools in the town <>f Bowdon.

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. ' ....

784

JOURNAL OF THE HOUSE.

The bill having received the requisite constitutional majority was passed.
l\fr. Calvin, chairman of the Committee on GenEral _-\.griculture, submitted the following report:
Jf?. Speake1:
The Committee on General Agriculture have had under cousidcration House bill No. 405, amendatory of section -1:5:3 of the Code of 18H5, in the matter of vagrancy, and instructed me to report it back to the House with a recommendation that the same do pass.
Also, Senate bill No. 1, amendatory of section 157(1 of the Code of 18!.l5, in the matter of the sale and purchase of fertilizing material in bulk, and recommend that the same do not pass.
Hespcctfully submitted.
:lliARTI:'S" V. C.\LVIN, Chairman.

:Mr. Shackelford, chairma11" of the Committee on Corporations, submitted the following report:
Mr. Speaker:
The Committee on Corport. :ons have had under consideration the following bills of the House, and instruct me, as their chairman, to report the same back to the Bouse with the recommendation that the same do pass, to wit:
R1 Mr. Peyton of Habersham-
A bill to be entitled an Act to amend an Act to incorporate the city of Toccoa.

SATURDAY, DECEMBER 6, 1902.

785

B,Y :Jir. Van Bnren of 21st district-

A Lill to Le entitled au Act to repeal an Act to roduco the compensation of the treasurer of ~Wilkinson county.
13y ~lr. Carr of .N ewtou--

..:\_ bill to be entitled an Act to incorporate tho town of :1\I ansfield..
Respectfnily submitted.
Tuos. J. SuACKELT'OHD) Chairman.

)L. Ilar<lmnnn, clwirman of the Committee on Hygiene :and Sanitatio11, snlnnitted the following report:

Mr. Spealccr:
Tlw Committee on Hygie!lc> aiHl Sanitation beg to make the following report:

The committee have had umler consideration Senate bili l\o. GG, and ask me, their chairman, to report the same l1ack with recommendation that it do pass as amended.
Respectfully l"uhmitted.
L G. IlAIWE:\IAN) Chairman.

1\Ir. Hawes, chairman of the Committee on Pensions, submitted the following report:
111r. B11eaker:

The Committee on Pensions have had under consideration the :following House resolution, which they instruct me, as their chairman, to report back to the House with the recommendation that the same do pass, to wit:
50 h j

786

JOURNAl. OF THE HOUSE.

A resolution authorizing the treasurer to transfer pen-~ sion funds from one class of pensioners to another in certain instances.

The committee have also had under consideration r~so lution No. 121, which they instruct me to report back with the recommendation that it do not pass:

A resolution authorizing tl1e pension commissioner to. pay indigent pensioners on pro rata basis when appropriation to pay ea~h in full is insufficient.

Respectfully sub~itted.

P.M. HAWES, Chairman.

The next bill for a third reading was :
By J\lr. Miteham of Clayton-
A bill to proteet fish in Flint river and all otlwr streams of Clayton county.
The report of the committee, which was favorable to thepassage of the "bill, was agreed to.
On passage of the bill the ayes were 90, nays 0.
The bill having received the requisite constitutional majority was pa;;;sed.

By :Messrs. Steed and Hixon of Carroll-
A bill tD amend an Act to incorporate the town of Bowdon, in the county of Carroll.
The report of the committee, which was favorable to thepassage o the bill, was agreed to.

SATURDAY, DECEMBER 6, 1902.

787

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.
By l\fr. McCurry of Hart-
A bill to authorize J os. J. Fretwell to build a dam across the S~vannah river.

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.
The bill having recehed the requisite constitutional majority was passed.
By ~fessrs. l\forris and McLain of Cobb--

A bill to amend the charter of the town of Austell, in the county of Cobb.
The report of the c~mmittee, which was favorable to the passage of the bill, was agreed to.
On passage of the bill the ayes were 90, nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Morris and McJ,ain of Cobb--
A bill to incorporate the Leonard school district, in Cobb county.
Tho report of the committee, which was favorable to the passage of the bill, was agreed to.

788

jOURNAL OF THE HOUSH.

Ou passngc of tlw bill the ayes were DO, nays 0.
Tltc bill having reeei1cd ilw requisite eoustitutionaliilajority was passetl.
By :Hr. Alford of worth--
A bill to nlll<'JHl an Ad to incorporate tho town of Sylvc.;ln, iu the cmmt_v of worth.
The report. of the committcP, which was favorable to the pa~~aw~ of the bill, "as agr0cd to.

On pnssag<' of thP bill the ayes were DO, nays 0.
The bill having reooi1cd tho requisite constitutionalmajori ty 11as passed.
Tlw following Senate resolution was read and acloptcll, to"it:

By 1I I'. ;rorcla11 of the 28th diRtrict-
A resolution to appoint a committee to visit College of Agriculture and :J\fcchanical Arts at Athens, Georgia, allll for other purposes.
The following Senate bill was read the second time by nnauimous consent, to wit:

By )[r. :Jlf'rritt of the 20th district-

A !Jill to reorganize tho military forces of this State, and for other purposes.

TJy unanimous consent the following bill was read the
first time, to wit:

SATURDAY, DECEMBER 6, 1902.

789

Ry l\lr. George of 1\lorgan-

A Lill to remme obstrndions from the streams of l\forgan eounty, m_td for other purposes.

Rcft'l'l'Pd to Committee on Connties alHl County ::\ratters.

The fnllo\\i ng bill was read the second time and recomltiitteLl to the Committee on Education, to wit:

By l~Ir. 1\'omhle of Upson-

A bill to ]H'ohibit the mannfactnre of liquors m the ;:;;;';'th distJict of epson county.

On motion of the anthor, Honse bill No. 428 \\'as tabled.

By mtauimons consent the followi11g bill was read the second time, to wit:

.By ~Ir. Hayes of 1\Iacon-

A bill to amend an Act to create a system of public schools {or the town of .Marshallville, Georgia.

The ~ext bill for a third reading was:

By :Mr. O'Qninn of Wayne-

A hill to amend an Act to establish a system of public
sehools in the town of .Tesnp.

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

OIL passage of the hill the ayes "ere DO, nays 0.
The bill haviug reeein~d the requisite constitutional majority was pasRed.

790

JOURNAL OF THE HOUSE.

:Mr. Shackelford, chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:

The Committee on Corporations have had under consideration House bill No. 454, by Mr. Shackelford of Clarke, entitled an Act to cede to the United States jurisdiction over certain lands in the city of Athens, Georgia, and instruct me, as their chairman, to report the same back to the House with the recommendation that the same do pass.
Respectfully submitted.
THos.T. SnAcKEI.:IJ'ORD, Chairman.

l\[r. Shackelford, chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:

The Committee on Corporations have had under consiaeration House bill No. 435, by Mr. Jones of Pickens, a bill to be entitled an Act to authorize the mayor and council of the town of .Tasper, Georgia, to issue bonds for the purpose of erecting a school building, instruct me, as their chairman, to report the same back to the House with the recommendation that the same do pass as amended.
Respectfully submitted,
Tnos..T. SuACKEJ,FORD, Chairman.

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

By :Mr. Jones of Pickens-

A bill to authorize the mayor and aldermen of Jasper to issue bonds.

MONDAY, DECEMBER 8, 1902.

791

By 1\fr. Shackelford of Clarke-

A bill to cede jurisdiction over certain lands in the city -of Athens to the United States.

By J\fessrs. Cann, Stovall and Harden of Chatham-

A bill to fix the time of the election of all officers of cer tain incorporated cities.

By Mr. Wooten of Calhoun-

A bill to incorporate the city of Vidalia.

By Mr. Tracy of Webster-

A bill to create a dispensary in the county of Webster.

Leave of absence was granted Messrs. Preston, Strick lana, Parker, Griffin, Bush.

The Speaker then announced the House adjourned until :9 o'clock Monday morning.

Atlanta, Georgia.
Monday, December 8, 1902.
The House met pursuant .to adjournment at 9 o'clock a.m. this day; was called to order by the Speaker and <>pened with prayer by the Chaplain.

792

JOURNAL OF THE HOUSE,

The roll was calleJ and the following members answered to their muncs:

Adams,

Derrick,

J olmson of Ullnch,

Akin,

Vozwr,

Jones of Dougherty,

Alexander,

Duckett,

Jones of Pickens,

Alford,

D.uggan,

Kelly,

Almond,

Dunbar,

J\.enclriclr,

Arnold,

.l!Jdwnrds,

Kent,

Ayres,

Jnglisll,

Kilburn,

Baldwin,

~'.innis,

Knight,

Beall,

h:Yans,

Knowles,

Beauchamp,

Felder,

Lane,

Bell of Emanuel, Fields,

Lanier,

Bell of Milton,

Flanigan,

Lawrence,

Blackburn,

l<'Jynt,

Leigh,

Booth,

l<'oster or Oconee, Little,

Bowen,

l<'ostel' or '!'owns, Lowe,

Bower,

Franklin,

:\lann,

Boykln,

Fussell,

:\lartin,

Brinson,

<.iaulden,

1\Iayson,

Brock,

George,

l\Illler or Bullock,

Bruce,

Glenn,

l\liller of l\luscogee.

Buchan,

Grenade,

:\lllls.

Huchannon,

Grice,

1\IItcham,

Burton,

Griffin,

l\lltchell,

Bush,

Hall,

Mizell,

Butts,

Hardeman,

l\iorton,

Calvin,

Harden,

1\Ioses,

Candler,

Hawes,

~Iulherin,

Cann, Carr,

Hayes,
::-\ JHendry,

l\lcBrlde, l\[cCurry,

Carrington,

-'\~'Henry,

1\lcElmurray,

Carswell,

Hicks,

l\lcHenry,

Cliatt,

Hixon of C.trroll, l\IcLain,

!Jonner,

Hixon of ::!umter, l\Icllnt>,

Cook,

Houston,

Newton,

Crumbly,

Howard of Baldwin, Nisbet,

Daves,

Howard of Laurens, Owen,

Davis.

Howell,

Overstreet,

Pavison,

Hutcheson,

O'Qulnn.

Deal,

.Johnson of Baker, Parker,

MONDAY, DECEl\fBER 8, 1902.

793

Pate of Dooly,

Uogers of Hall,

Tignei,

Pate of Gwlnnett, Hogers of 1\iclntosh, Tracy,

Paulk of Cotree,

Roper,

Underwood,

Paulk or lrwiu,

Hountree,

Valentine,

Peyton,

::llmckelford,

"\Valker or l\Ionroe,

Phillips of Jetrerson, Shannon,

warren,

Phillips of Quitman, Singletary,

\Vatson,

Preston, Proctot,

Slaton, Spence,

\Vellborn, West,

Hainey, Hanl;:in, Uawls, Redwine, Reid, Hlce, Hicltardson,

Stanford, Steed of Carroll, Stt!ed of 'l'nylor, Stewart, Stovall, Strickland, Thompson.

Whitle~,
\Vilson, \Vise, Womble, \\'ooten, Yates, l\Ir. Speaker.

Ridley,

Thurman,

Those absent were ~fessrs.-

Brown. Cromartie, Holder,

.Tohnson or Crawford, \Valker of Pierce.

.:\Iaples,

\Velch,

Sanders,

::\fr. Flanigan of Gwiunett, reported that the .Tonrnal of yesterday's procectli11gs had been examined and found correct.
On motion of ~[r. HardPn of Chatham, the reading of the .Tonranl was dispensc.cl with."
At the rpqnp,;t of the m1tlwrs of Honse bills Xos. 32H, 393, 183, 384, 388, 179, 428, they were taken from the table and place<l upon tlH calcndnr.
:Mr. Wilson of Clay, gaYe notice that at the proper time lJC would move to reconsider the a<>tion of the Honse had on House hill X o. 3GJ.

794

JOURNAL OF THE HOUSE.

~\lr. Hutcheson asked that House bill No. 357 be recommitted to the General Judiciary Committee, which request was granted.

Ou motion of Jlrfr. Calvin of Hichmond, Senate bill No. 1 was recommitted to the General Agriculture Committee.
The general tax Act, which was the special order for this lwnr, was agnin taken :up.

Th~ previous question was called on Satvrday, and the same was sustained. The main question was ordered this mornn1g.

By unanin10us consent l~Ir. Reid of Campbell, offered the following amendments, which were read and adopted, to wit:

To amend section HI by inserting therein after the figures "1903'' wherever they occur, the following: "and 1!)04."

Also, to amend the caption of said bill by inserting therein after the figures "1!)03" wherever they occur, the following: "and 1904."

Mr. Reid then called for the previous question, which eall was s11stained, and the main question ordered.

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 and nays were ordered, and on taking the ballot viva voce the vote was as follo"s:

MONDAY, DECEMBER 8, 1902.

795

Those voting in the affirmative were Messrs.-

Adams,

Glenn,

McHenry,

Akin,

Utenade,

McLain,

Alexander,

Urlce,

McHae,

Alford,

Grimn,

Newton,

Almond,

l;l.all,

Nisbet,

arnold,

l;l.arden,

Overstreet,

Baldwin,

Hawes,

O'(,luinn,

Beall,

Hayes,

Pate of Dooly,

Beauchamp,

Hendry,

Pate of Gwinnett

Bell of Milton,

Henry,

Paulk of Cotree,

Bowen,

Hicks,

Phillips of J etretson,

Boykin,

Hixon of Carroll, .Phillips of (,lultruun,

Bruce,

Hixon of 8umter. Preston,

Buchan,

Houston,

Proctor,

Buchannon,

Howard of Baldwtn, Hainey,

Burton,

Howell,

Hankin,

Butts,

Hutcheson,

Hawls,

'Calvin,

Johnson or Bak.,., 1-tedwlne,

Uandler, 'Carr, Uarrlngton,

Johnson of Ullnch,
;l . ~! .Tones of l'lckenl',
......l J Kelly,

Reid, lUchardson, Ridley,

Carswell,

Kendrick,

Rogers of Hall,

Cllntt,

Kent,

Rogers of Mcintosh,

Conner, Cook,

'1 '111:1 i,~ l{llburn, i Knight,

Rountree, Shackelford,

Urumbly,

Knowles,

Shannon,

OavtiS, Davis,

Lane, Lanier,

. i. Singletary, Spence,

Davi!lon,

Lawrence,

Stanfoid,

DeqJ.,

Lelgll,

Steed of Carroll,

ii:letrickf

Little,

Stew&rt,

nozier,

:Mann,

Stovall,

Duggan,

Martin,

Strickland,

Edwards, English,

Mayson,

Thompson,

Miller of Bullock, Thurman,

Evans,

Mills,

Tracy,

l'elder,

Mitcham,

Walker of Monroe,

I~lanlgan,
l'oster of Oconee. I<'oster of 'l'owns, 'Gaulden, Ge.,rge,

Mitchell, Mizell, Moses, McUurry, McElmurray,

Wellborn, West, Whitley, Wise, Womble,

796

~OURNAL OF THE HOUSE.

Those voting in the negative were Messrs.-

Bootll,

Cann,

Those not voting were Messrs.-

Ayres, Bell of l!lmanuel, Blackburn, Rower,
Brinson, Brock, Brown, Busll, Cromartie, Duckett, Dunbar, Ennis, Fields, Flynt. Franklin, Fussell,

Hardeman,

Hoper,

Holder,

Sanders,

Howaru of Laurens. l'laton,

.Johnson of Crawrorcl.Steed of Taylor,

.Junes or Dougilerty, 'l'ignei',

Lowe,

Underwood,

l\1aples,

Valentine,

:\!iller of llluscogee, 'Yalker of l'ierce.

!\lorton.

\\'anen,

1\Iulherin,

"'atson,

:IIcBride,

"'elch,

Owen,

Wilson.

Parker,

'Vooten,

Paulk or lrwtn, Peyton,

Yates. l\lr. Speaker.

Hlce,

By nnanimous eonscnt thC' Yerification of the roll-ra:i waf': di,;pense<l with.
On passnp;e of the bill the ayes were 126, nays 2.
The bill h:ni11g rPcPiYe(l the r<>qnisite constitntional majority wns passed as amended.
~[ r. Slaton of Fulton, moYe<l that. the HonRr rccoll>'i<l<>r its action in ]HlRfling the abow hill, so that he might 111oYe to rPcmJsi<ll'l' the aetion of the Honse in aclopting :wetion
] 8 of the Li ll.
~I L'. "'dlbom of Fninn, called for the previous question, which call was sustained.

MONDAY, DECEMBER S, 1902.

i97

On motion to rcconsi<ler, :Jlr. Hall called for the aye~ :11Hlnay,;, which call was sustained, and on taking the ballot r i l'rt vuce the vote was as. follows:

Those voting in the affirmative were :Messrs.-

Arnold, JJiackburn, JJooth, l:loylin, Bruce, Burton, Butts, Cah!n, t:ann, t:arr, (.'arswell, t:rnmtlly, va,fs. DaYison, DerricK, Dozier, Duckett, Dunbar, E,nns, Felder, Fields,

Fostet of '!'owns, l\IcCurry,

Franklin,

J\lcHenry,

Grice,

Pate of <.;winnett,

Grittln,

Peyton,

Harden,

Phillips of Je!Ierson,

Hawes,

Hidley,

Hayes,

Rogers of Hall.

Houston,

Rogers of 1\lclntosll,

Howard of I .amens, Shaclelford,

Howell,

Slaton,

Kilburn,

Steed of 'l'aylor,

1\ no >l'les.

StoYall,

La wtence,

'l'hompson,

Little,

Tigner.

l\Ianu,

'Varren,

~!Iller of Muscogee, 'Vel! born,

l\lltcham,

West.

1\fltchell, Moses, 1\Iulherln,

'VIIson, Wise, "'ooten,

Those Yoting in the negative were Messrs.-

Adams, .Aidn, Alford. Almond. llaldwln, Beall, Beauchamp, Bell of l\Illton, Bowen. Hrlnson, Candler, Carrington,

Cllatt, Conner, Cook, DaYes, Deal. Duggan, lllngllsh, I' I a n i g a n , l<'oster of Oconee, Gaulden,
Geor~re,
Glenn,

Grenade, Hall, Hendry, Henry, Hixon of Carroll, Hixon or sumter, Hutcheson, .Tohns6n of Baker, ;rohnson of Clinch,
, Jones of l'lckens,
Kelly.
J(endrick, \ It ,.

798

jOURNAL OF THE HOUS&

Kent,

Nisbet,

Richardson,

Knight,

Overstreet,

Rountree.

Lane,

O'(Julnn,

Shannon,

Lanier,

Pate ot Dooly,

Singletary,

Leigh,

Paulk ot Cotree,

Spence,

Lowe,

Paullt or Irwin,

Steed ot Carroll,

:Martin,

Phillips or Quitman, Stewart.

Mayson,

I Preston,

Strickland,

Miller ot Hullock, Proctor,

Thurman,

Mills,

Rainey,

'!'racy,

Mizell,

Rankin,

Underwood,

Morton,

Rawls,

Walker or Monroe.

McElmurray,

Hedwine,

Whitley,

McLain,

Reid,

\Vomble,

Mcltae,

Rice,

Yates.

Newton,

Those not voting were Messrs.-

Alexander, Ayres, Hell ot Emanuel, Bower,
Hrock, Hrown, Buchan, Buchannan, Bush, Cromartie, Edwards,

J!:nnis,

Owen,

l<'lynt,

Parker,

l<'ussell,

Roper,

Hardeman,

Sanders,

Hicks,

Stanford,

Holder,

Valentine,

Howard ot Haldwln, Walker ot Pierce.

Johnson or erawrord, \Vatson,

Jones or Dougherty, Welch,

1\Iapl!!S,

1\Ir. Speaker.

McBride,

The roll-call was verified and it was found that on the 'motion to reconsider the ayes were 61, nays 81. The motion to 1econsider was therefore lost.
On motion of 1lr. Reid of Campbell, the bill was ordered to be immediately transmitted to the Senate.
The next special order was as follows, to wit:

,,.

MONDAY, DEC~MBER 8, 1902.

799

By :Mr. Heid of Campbell-

A resolution authorizing the Governor to borrow money to supply casual deficiencies, and for other purposes.

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

On passage of the resolution the ayes were 105, nays 0.

The resolution having received the requisite constitutional majority was passed.

The following message was received from the Senate through ltJ:r. N orthen, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bill of the House, to wit:

A hill to change and fix the time of holding the superior oourt of Telfair county, in the Oconee Judicial Circuit. and for other purposes.
The Senate also has passed as amended, by the requisite constitutional majority, the following bill of the House, to wit:
A bill to establish the city court of .Te:fferson, to be located in the city of J e:fferson, Jackson county, Georgia; to define its jurisdiction and powers, and for other purposes.

The next special order was as follows: By :M.r. Reid o Campbell-
A bill to pay off and retire bonds of this State as they

800

]OU~NAI. OF THE HOUSE.

mntmc hy leYying and eollediug a tax for this purpose, anJ i'or othc:r pnrpuset~.

Tbe House rcsuhe<l itself into a committee of tho whole for a conbidcration of the ahoYe bill, aud the Speaker de~ig:wtwl a" chairman of the collnnittee ,\lr. \Velluorn of i '{;11 (JJI

\ftPl' a eonsi<lcrntiou of the hill the committee arose, and through their chaimwn, n~porte<l the :;ame back to the llon~< \\ith the recomniCJHlation that it <lo pass.
Th< report of the cmHillittcc 1ras agree<l to.

:Jlr. Hall made the poi11t that the hill <lid not imolve an appropriatiou, and objPcted to the roll being called.
"J[ r. Heid theu moYe<l that the roll be called, which motiou ]ll'P\'nilcd, aud on taking the lwllot rira voce the vote 1ra~ as follows:

Those oting in the affirmative were Messrs.-

Adams, Alford. Baldwin, Beall, Beauchamp, Blackburn, Booth, Boykin, 131-inson, Buchannan, Burton, Butts, Candler, Cann, Carr, Carrington,

Carswell, Cliatt, Conner, Cook, Ctumbly, Daves, Davis, Deal, Derrick, Dozier, Duckett, Duggan, Dunbar,
... Edwards,
English, !'elder,

I'ield5<, Flanigan, l'ostet or Oconee, Foster or '!'owns, Gaulden, George, Glenn. Grenade, Grice, Grilt!n, Hall, Harden, Hawes, Hayes, Hendry, Henry,

MONDAY, DECEMBER 8, 1902.

801

Hicks,

1\llzell,

Rogers of Mcintosh,

Hixon of <Jarroll, Morton,

Roper,

Hixon of 8umter, .Hoses,

Rountree,

Houston,

~lulherln,

Shackelford,

Howard of .Baldwin, 1\lc<Jurry,

Shannon,

Howard of Laurens, :\lcl!Jhnurray,

Slaton,

Howell,

McHenry,

Spence,

Hutcheson,

i\lcLaln,

Stanford,

Johnson of Clinch, l\Icltae,

Steed of <JarroH,

Jones of Pickens, Newton,

Steed of ~:raylor,

Kelly,

Nisbet,

Stewart,

hendrick,

O'Quinn,

Strickland,

Kent,

Pate of Dooly,

Thompson,

Kilburn,

Paulk of <Jolree,

Thurman,

Knight,

Peyton,

Tigner,

Lane,

Phillips or J errerson, Tracy,

Lanier,

Phlllips of Quitman, Underwood,

Lawrence,

Preston,

Walker of Monroe,

Leigh,

Proctor,

Warren,

Little,

Hainey,

Wellborn,

Lowe, Mann, Martin, Mayson, Miller of Muscogee, !\I ills, .\Iitchell,

ltawls, ltedwlne, Held, Rice, .tUchardson, Ridley, Rogers of Hall,

West. Whitley, Wilson, Wise, Womble, Wooten. Yates.

Those not voting were Messrs.-

Akin, Alexander, Almond, Arnold, Ayres, Bell of Emanuel, Bell or Milton, Bowen, Bower,
.Brock, Brown, Bruce,

Buchan. Bush, <Jalvin, Cromartie, Davison, Ennis, Evans, Flynt, l<'ranl\lln, FusseH, Hardeman, Holder,

51 h j

Johnson or .Baker, Johnson or (Jrawford, Jones of Dougherty, Knowles, Maples, Miller of Bullock, Mitcham, McBride, Owen, Overstreet, Parker, Pate of Gwinnett,

802

JOURNAl. OF THE HOUSE.

Paulk or irwin, Rankin, Sanders, Singletary,

Stovall, Valentine, Walker of Pierce,

Watson, 'Velch, 1\lr. Speaker.

On motion of 1\Ir. Heid of Campbell, the verification of the roll-call was dispensed with.
On the passage of the bill the ayes were 129, nays 0.
The bill having received the requisite constitutional majority was passed.
On motion of ~Ir. Reid the bill was onlcred immediately transmitted to the Senate.
The following resolution was read and referred to the Committee on Hules, to wit:
By :Messrs. Akin of Bartow, and George of Morgan-
A resolution making House bills Nos. 315 and 288, the special order for this afternoon immediately after the call of the roll.
By unanimous consent :Mr. l\forris, chairman ex officio of the Committee on Rules, submitted the following report:

Mr. Speaker:

The Committee on Rnles have had under consideration House resolution No. 128, by l\[r. Davis of :Meriwether, providing that House resolution No. 119 be made a special order immediately following House bill No. 217, and recommend that the same do pass.

Also, Honse resolution No. 112, providing that House resolution No. 63 be made a special order for Thursday,

MONDAY, DECEMBER 8, 1902.

803

December 11th, and recommend that said resolution (No. G3) be made a special immediately following House resolution No. llU, and that the previous question be called after a debate not exceeding thirty minutes on said resolution No. 63.

The committee recommend that Senate bill No. 68 be made a special and continuing order immediately after the reading of the Journal, Wednesday, December lOth inst.

The committee further recommend that no other special order be granted, and that all bills and resolutions for a third reading be considered in the order in which they stand on the calendar.

Respectfully submitted.

N. A. MoRRIS> Chairman ex officio.

The following report of the Committee on Rules was taken up and read, section by section:
On the first section of the report, which provides that Honse resolution No. 119, which is a resolution to apply the puhlic property fund to the payment of interest on the recognizetl valid bonds of this State, be made a special order to follow immediately after the disJl'lsition of House bill No. 217, :lVIr. Davis of Meriwether, called the previous question, which call was sustained and the main question ordered.

The recommendation of the committee was then put to the HouBe and lost.
The next section of the report of the Committee on Rules recommended that House resolution No. 63 be made the

804

JOURNAL OF THE HOUSE.

;:pecial order to follow immediately after the disposition of llou,;e resolution X o. 1Hl, aJHl that the previous question be called after a debate not exceeding thirty minutes.

On the prccf'ding section of the Committee on Rules, :Mr. Reid called for the previous question, which call was sustained and the main question ordered.

This recommendation of the committee was then put to the llouse, awl the same not having received tho requisite three-fourths majority, was lost.

Tlw next section of'the report rccommemlcd that Honse bill No. 64 be made a special order immediately after the reading of the .Tonrna! \Yednesday, December 10, inst. The committee also rPcommcmlo<l that no other special (rdors be grante<l all<l that all hills be considorcJ in the orJer on which they come on the calendar.

The previous q11estion was called and the mam question ordcroJ.

The above section was then put to tho Honse and lost, it not having received the requisite three-fourths majority.
The following rcsclntions were read, to wit:

By Mr. George of :Morgan-
A resolution to limit Jebate on all questions hereafter coming before the Honse to :fisc minutes.

Referrrccl to Committee on Rules.

By ~Ir. Wellborn of FnionA resolution providing that the previous question be con-

MONDAY, D.HCEMBER 8, 1902.

805

sidered calletl after thirty minutos consideration of the Hou;.;c on nll hills coming before the House hereafter.

Hcferrcd to Committee on Hules.

By :nlr. \Ycst of Lowndes-

A resolution providing that all debates be limited to ten minutes on questions coming before the House.

Hcfcrrcll to Committee on Hulcs.

The following message was rcccivctl from the Senate through .l\[r. :::\' orthcn, the Secretary thereof:

Jlr. Speal,~er:

The Senate has passed, by the requisite constitutional majority, the folowing bills of the Senate, to wit:

A bill to amend an Act establishing a dispensary in the city of LaGrange for the sale of spirituous liquors, and for other purposes.

A bill to repeal an Act to establish the city: court of ::\It. Vernon, in and for the county of Montgomery, to define its jurisdiction and powers, and for other purposes.

A bill to amend section 45 of the charter of the city of Americus, appoved November 11, 189!), so as to make the police commissioners of Americus elective by the people, and for other purposes.

A bill to amend an Act to establish the city court of Douglas, in the city of Douglas; and for other purposes, ap- proved December 9, 1897, to provide for the holding of the terms of said court. to define its jurisdiction and powers, and for other purposes.

806

JOURNAL OF THE HOUSE.

~Ir. Dozier of Troup, moYe<l that the House reconsider ih al'tiuu in passing Honse bill Xo. D2, which motion prcYailcd.

l\[ I'. ~\dams of Putnam, movc<l to rcconsi<lcr the action of tlH' l!ousc in passing Honse hill Xo. 165, "hieh is a bill to C'reatc a <li~pensary in the tmrn of Hamilton, \rhieh motion was lost.

:JTr. Shm111on, dwinnan of the Committee on Counties aJl(l Cmmty l\la tiel'>', :-nbmi ttted the following report:

Yotti' Coliilllit.tce o11 Cm111ties aJI<l Cmmty ~latter~ han~ ],ad 1111dl'!' <'ollsid<ratiou the follo\\'illg bill alHl i11~trnct 11](', a,; their <lwinn:m, to report Lack the same with the rccmnlliC'Jidatioll dwt thP same llo pass, to wit:
A biII to rrmoYP obstrnetious from the rnnuing streams of ~lorgan county, aml for other purposes.
Hespectfnlly mbmitted.
TNO. H. SHANNON, Chairman.
Mr. .Jones of Dougherty, chairman of the Committee on Banks awl Dankiug, snlnnittcd the following report:
Mr. Speaker:
Y onr Committee on Banks and Banking have had under consideration Honse bill No. 88.
By Mr. Evans of Washington-
A bill to be cntitletl an Act to amend section D82 of volume 1 of the Code of Georgia, providing for the selection

MONDAY, DECEMBER 8, 1902.

807

by the Governor of banks in certain cities therein named as Dtate depositories and the se\eral Aets amendatory thercof so as to add the city of Sn11<lersville, iu \Vashington count,,, Georgia, to the list of said cities, and instruct me, as th<ir chairman, to report the same back to the House with tlw recommemlation that it do pass.

Hespectfully submitted.

ED. R. JONES, Chairman.

~\I r. Hodgcrs of Hall, ehairHJall of the Committee on Wiltl Lmul,.;, snbmitted the following report:

J!r. i'ijical,cr:
TIH CommitteP 011 "'il<l Lan<ls IJH\'C had under con~i<l<'ration the :following Jlons(' hill, allll 1 am instnwtl'd to repnrt the same back, as chairman, "ith the recommendation that it do pass, to wit:
,\ hill to aniCIHl sPetion 821 of YolnmP 1 of the Code of
18!JG, so as to allow the tax collC'ctor to i,.;s1w fi. fas against
1lllretnnwd wild lands.
Resppct:fully submitted.
B. A. RoDGEI{S, Chairman.

Mr. Davis, chairman of the Committee on Appropriations, submitted the following report:

illr. Spcal.:er:
The Appropriation Committee have had under considcra tion Honse bill No. 2Dl, and have directetd me, their chair

808

JOURNAL OF THE HOUSE.

man, to report the same hack to the House with the recommemlation that it do paes.
Respectfully submitted. CnAs. L. DAVIS, Chairman.

~h. Steed of Taylor, chairmmt Committee on Pcniten tiary, snhmi ts tho following report:

Jh. Speakcr:
Your Counnittee on Peniteutinry lune luul nmler ('OilsiJoration Jlonso hill :Xo. 1;J() and have instrnete(l me, a,; their chairm:m, to report the same hack to the Honse with the recommendation tbat tbe same do not paes:

A hill to be entitle(] an Act to amend an Act to create a prison commission (approved December 21, 1SD7) by providing that no convicts leased under authority of said Act shall be kept or worked within two miles of the jnrisdictional limits of any incorporated town or city in this State.

Your committee also had nmler consideration Senate bill No. 68, and have directed me to report the same hack to tlw Honse with the recommemlation that same do pass, to wit:

A bill to he entitled an Act to authorize and require tho prison commission to hire the labor of the felony convit,; of said State after the expiration of the present lease for a period of five yean;.
Respectfully submitted.
\VALTEU E. STEED, Chairman.

MONDAY, DECEMBER 8, 1902.

80H

By unanimous consent, the call of the roll of counties was dispensed with, and the following bills were introduced and read the first time, to wit:

By :Mr. Hutcheson of Haralson-

A bill to amend an Act to create a new charter for the city of Tallapoosa, and for other purposes.

Referred to Committee on Corporations. By Mr. Spence of Ware-

A hill to amend an Act to reincorporate the to\\'n of \Yaycross, and for other purposes.

Referred to Committee on Counties and County Matters.

At the request of ~fr. Calvin of Richmond, Honse bill :Xo. 423 was recommitted to the Special J ndiciary Committee.

By unanimous consent, the following bill was read the second time, to wit:

By ~Ir. George of :Morgan-

A bill to provide for the removal of obstructions from the streams of Morgan county.

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

By :Mr. Hall of Bibb-

A resolution fixing all bills and resolutions appropriating money as the special order for this afternoon's session, immediately after the roll-call.

810

JouRNAL OF THE HOUSE.

Tho following Senate bilJ;; \Yore read tho first time, to \\"it :

By ~\lr. Clements of tho 15th district-

A bill to repeal an Aet to Pstablish the city eolll't of }ft. \ ' el'llO!l.

Heferred to General .Tmlieiary Committee..

By }lr. Park of tlw 37th distrietA bill to HllH'Ild an .\et to c~talJ[i,;h a ,]ispen,.;ary in tho
\'ity of LaUrangP.
Hd(l'!'Pd to ConJJilitte0 011 Cmmti1s and Connt,Y Matters.

Jly ,\Jr. lliglttower of tlw !Hh di,.;t riet-

,\hill to allJPJHl an ,\<'t. to inl'orporate tlw to~m of Xe\Yton, in BakPr eum1t.'

lloferred to Committee on Corporations.
ll,v :Jlt. Hndson of the l:Hh district-
A bill to amend section 45 of the clwr'tor of the city of ~\mcricns, Ga.

Heferred to Committee on Corporatiom;.

13y l\Ir. Clarke of tho 14th district-

A bill to incorporate tho town of Chester, in tho county nf Dodge.
Hoferred to Committee an Corporations.

By :Jir. Tisinger of tho 2i>th district-

A bill to incorporate the town of Atwater, in the county {)f Upson.

MONDAY, DECEMBER 8, 1902.

811

Referred to Committee on Corporations.

By unanimons consent, the following bill "'as read the BccmJd time, and the unfavorable report of the committee disagTPcd to all(l the hill put 011 calendar for a third reading, to wit:
By .Jfr. Ulem1 of WlJitfiel<l-
A !Jill to cnHte am! maintain a dispensary in the city of Daltm1.

The honr of H<ljoumment haYing arriYed, the Speaker :lllWJlllll'l'<lth<> Honse a<ljonrm~<llmtil :3 o'cloek this after-
110011.

3 O'clock p.m.
The Honse recouYene<l at this hour and was called to order by the Speaker.
The eall of the roll was <lispensod with on motion of l\Ir. Griec of Pulaski.
~Jr. Brinson of Decatur was allowed to withdraw Honse bill X o. 425.
At the request of the author, Honse bill No. 447 was recommitted to the Committee on Counties and County Matters.
Mr. Morris,. charman ex officio of the Committee on Hnles, submitted the following report:
Nr. Speaker:
The Committee on Rules, having had under considera-

812

JOURNAL OF THE HOUSE.

tion resolution X o. 144-, provitling for setting special appropriation hills be adopte<l as therein specificll.

Fmther, it is recommelHle<l by tho committee that resolution X o. 1::23, providing that Senate bill No. 20, proYicling for a snumwr session, be set for special onler immediately ufter the confirmation of the .fonmal on Tuesday, DcePnibcr U, 1!)02.

Committee recmmne1Hls that rc~olntiou Xo. 14!~ <lo pa~~ hy substitute.

Respectfully submitted.

N. A. :fionms, 9hairman.

Tho following resolution'\ were read all<l adopted, to wit:

By 1Ir. Hall of Bibb-
Resolved, That all bills mHl resolntions npproprintinp; money be ma<lc tho specinl order for this afternoon, immediately nfter the roll-call.

J3y "Mr. West of Lowndes-
A resolution to limit debates on all questions to ten minutes.
The committee offere<l as a snbstitntc that tho House limit debate on bills and resolutions as the importance of the question under consideration may require.
The resolution 'ms adopted by substitute.
By Mr. Slaton of Fulton-
A resolution making tho bill "provitling for a chanp;e in the time of holding sessions of tho General Assembly a "pecial order."

MONDAY, DECEMBER 8, 1!:102.

813

The following resolutions were read, to wit:

By ~lr. Grice of Pulaski-

A resolution fixing the order of business for to night's sesswn.

:Mr. Slaton proposed to amend by adding: House local bills for first reading." The amendment was adopted.
The resolution was then adopted as amended.

By ::\Ir. Calvin of Richmond-
A resolution providing for an improvement in the aeons, tic properties of the Hall of the House of Representative:;:, etc.

The resolution "as adopted.

::\fr. Davis, chairman of the Comittee on Appropriations, gubmitte<l the following report:

Jfr. Speaker:
The Appropriations Committee have had under consideration Honse bill X o. 121, and have directed me, their chairman, to report the same back to the House with a recommendation that it do pass by substitute.
CnM;. L DAvis, Chairman.

The following bills and resolutions, which were made the special order for this hour by previous resolution, were read tho third time and put npon their passage, to wit:

By ::\Ir. Buchan of Dodge-

A resolution to pay .T. F. DeLacy, solicitor-general, his salary for quarter ending December 31, 1901.

814

JOURNAL OF THE HOUSE.

An appropriation being involved, the House resolved itself into a committee of the whole and the Speaker desigl~ated as chairman l\Ir. Franklin of \Vashington.

After a consideration of the resolution the committee nrose and, through their chairman, reported the resolution back to the House with the recommendation that it do pass.

The report of the comittee was agreed to.

The ayes and nays were ordered and on taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, Alexander, Alford, Almond, Ayres, Baldwin, Beall, Beauchamp, Bell of Milton, Blackburn, Booth, Bowen, Bower, Boykin, Brinson, Brock, Brown, Bruce, Buchan, Buchannon, Burton,
Butt~.
Calvin, Candler, Carr'ington, Carswell,

Cllatt, Conner, Cook, Crumbly, Daves, Den!, Dozier, Duckett, Duggan, Dunbar, Edwards, English, lJYans,
Feldt>r, Fields, Flanigan, Flynt, Foster of Oconee, l'ranldin, Fussell, Gaulden, Glenn, Griee, Grlttin, Hall, Hardeman,

Harden, Hawes, Hayes, Hendry, Henry, Hifks,
Hixon of CarToll, Holder, Houston, Howard of Baldwin, Hutcheson, Johnson of Baker, .Johnson of Clinch, Jones or Pickens, Kendrick, Knight, Knowles, Lanier, Lawrence, Lei~: h. Little, Lowe, Mann, Martin, Miller of Bullock, Mills,

MONDAY, DECEMBER 8, 1902.

'815

Mitcham,

Preston,

Steed of Canoll,

Mitchell,

Proctor,

Steed of Taylor,

Mizell,

Rainey,

Stewart,

Morton,

Rankin,

Stovall,

Mulherin,

Rawls.

Thompson,

McCurry,

ltedwine,

Thurman,

McElmurray,

Rice,

Tigner,

McHenry,

Richardson,

Tracy,

Nisbet,

Rogers of Hall,

Underwood,

Overstreet, O'Quinn,

Rogers of Mcintosh, Walker of Monroe,

Roper,

Warren,

Pate of Dooly,

Rountree,

Wellborn,

Pate of Gwinnett, Shackelford,

West,

Paulk of Coffee,

Shannon,

Whitley,

Paulk of Irwin,

Singletary,

Wilson,

Phillips of Jetrerson, Slaton,

Womble,

Phillips of Quitman, Spence,

Yates,

Those not voting were Messrs.-

Akin,

Howell,

Owen,

Arnold,

Johnson of Crawford,Parker,

Bell of Emanuel, Jones of Dougherty, Peyton,

Bush,

Kelly,

Reid,

Cann,

Kent,

Ridley,

Carr,

Kilburn,

Sanders,

Cromartie,

Lane,

Stanford,

Davis,

Maples,

Stritkiand,

Davison,

Mayson,

Valentine,

Derrick,

Miller of Muscog"t, walker of Pierce,

Ennis,

Moses,

Watson,

Foster of Town&, McBride,

Welch,

George,

McLain,

Wise,

Grenade, Hixon of :Sumter,

McRae, Newton,

Wooten, Mr. Speaker.

Howard of Laurens,

The verification o the roll-call was unaniP1ously dispensed with.
On passage o the resolution the ayes were 128, nays 0.

816

JOURNAL OF THE HOUSE.

The resolution having received tho requisite constitn tional majority, was passed.
By ~Ir. L"nderwood of White--
A resolution to pay :Mary S. J arrad a pension due her Jmsband.
An appropriation being involved, the House resolved itself into a committee of the whole and the Speaker designatCll as chairman .Ur. Fussell of Chattooga.
After a consideration of the resolution, the committee .arose and through their chairman, reported the same back .to the House with the reconunendatiou that it do pass.

Tho report of the committee was agreed to.

On passage of the resolution the ayes and nays were ordered, and on taking the ballot viva voce, the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, Alexander, Alford, .Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Hell of Milton, Blackburn, Booth, Howen, Bower, Boykln, 'Brinson,

Brock, Bruce, Huchannon, Burton, Butts, Calvin, Candler, Cann, Carr, Carrington, Cliatt, Conner, Coo'll:, Crumbly, Daves, Davis,

Deal, Dozier, Duckett, Duggan, Dunbar, Edwards, English, Felder, Flanigan, l'lynt. Foster of Oconee, Fussell, Gaulden, George, Glenn, Urice,

MONDAY, DECEMBER 8 1 1902.

817

Gritlin,

Mills,

Rogers of Hall,

Hall,

Mitcham,

Rogers of Mcintosh,

Hardeman,

Mitchell,

Rountree,

Harden,

Mizell,

Shackelford,

Hawes,

Morton,

Shannon,

Hayes,

Moses,

Singletary,

Hendry,

Mulherin,

Slaton,

Henry,

McUurry,

Spence,

Hixon of Uarroll, McElmurray,

:Stanford,

Hixon of Sumter, McHenry,

Steed of Carroll,

Houston,

Newton,

Steed of Taylor,

Howard of Baldwin, Nisbet,

Stewart,

Howard of Laurens, Overstreet,

Stovall,

Howell,

O'Qulnn,

Strickland,

Hutcheson,

Pate of Dooly,

Thompson,

Johnson of Baker, Pate of Gwlnnett, Thurman,

Johnson of Clinch, Paulk of Uotree,

Tigner,

Jones of Pickens, Paulk of Irwin,

Tracy,

Kendrick,

Peyton,

Underwood,

Lanier, Lawrence, Leigh, Little, Lowe, l\Iann, Martin, Mayson, Mlller of Bullock,

Phillips of Quitman, Walker of Monroe,

Preston,

\Varren,

Proctor, Rainey, Redwine, Rice, Richardson, Ridley,

Wellborn, West, Whit!Py, Wilson, Womble, Wooten, Yates.

Those not voting were Messrs.-

Akin, Bell of Emanuel, Brown, Buchan, Bush, Carswell, Uromartle, Davison, Derrick, Ennis,

J<Jvans,

Kent,

Fields,

Kilburn,

Foster of 'l'owns. Knight,

l''ranklln,

Knowles,

Grenade,

Lane,

Hicks,

Maples.

Holder,

Miller of Muscogee,

.Johnson of Crawford,McBride,

.Jones of Dougherty, lHcLain,

Kelly,

1\i('Hae,

52 h j

818

jOURNAL OF THE HOUSB.

Qwen,

Held,

Parker,

Hoper,

Phillips or Jelferson, Sanders,

Rankin,

Valentine,

Rawls,

Walker or Pierce,

Watson, We!ch. Wise, Mr. Speaker.

The verification of the roll-call was dispensed with on motion of l\fr. Leigh of Coweta.
On passage of the resolution the ayes were 131, nays 0.

The resolution having received the requisite constitutional majority, was dispensed with.
13y :Mr. l\[ayson of DeKalb-
A resolution to pay a pension to ~[rs. E. \V. Stewart, of DeKalb county.
An appropriation being involved, the Ilonso resolved itself into a committee of tho whole and the Speaker designated as chairman Mr.Tohnsnn of Baker.

After a consideration of tho resolution, the committee arose and through their chairman, reported the same back to the House with the recommen<lation that it do pass.

The report of the committee "'as agree<l to.

On passage of the rc;;;o]ut.ion the ayes and nays were ordered and on taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, Alexander, Alford, Almond,

Arnold, Ayres, Baldwin, Beall,

Beauchamp, Bell or Milton, Blackburn, Booth,

MONDAY, DECEMBER 8, 190~.

819

Bower,
.Hoy kin, .Hrinson., .Hrock, Brown, .Hruce, .Hue han, .Huchannon, Burton, Butts, Oalvln, Oandler, Oann, Carr, Carrington, Cllatt, Cook, Orumbly, Daves, Deal, Dozier, Duckett, Duggan, Dunbar, Edwards, English, Ennis, Evans, Felder, Flanigan, l'lynt, I<'oster or Oconee, l!'ussell, George, Hlenn, Grice, Hall, Hardeman, Harden, Hawes,

Hayes,

Phillips of Qultnmn,

Hendry,

Preston,

Hixon of Oarroll, l'roctor,

Hixon of ~umter, Hainey,

Houston,

Hankin,

Howard of Baldwin, Rawls,

Howatd or Laurens, Hedwlne,

Howell,

Ueid,

Hutcheson,

Hice,

Johnson of .Haker, Richardson,

Johnson of Clinch, Ridley,

Jones of l'ickens, Kendrick, Knight, Lane, Lanier, Leigh,

llogers of Hall, llogers or Mdntosb, Hoper, Hountree, Shackelford, Shannon,

Little,

Singletary,

Lowe,

Slaton,

Martin,

Spence,

Mayson,

Stanford,

Miller of .Hnllock, Steed of Carroll.

Miller of Muscogee, Steed of 'l'aylor.

Mitchell,

Stewart,

Mizell.

Stovall,

Morton,

Strickland.

Moses,

'l'hompson,

Mulherin,

'l'hurman,

McCurry,

Tigner,

McElmurray,

Tracy,

McHenry,

Underwood,

McHae,

Walker of Monroe~

Nisbet,

Warren,

O'Quinn,

Watson,

Pate of Dooly,

Wellborn,

Pate of Gwinnett, Paulk of Colfee, l'aulk or Irwin, Peyton,

West, wnson, Womble, Yates,

Phillips of Jelferson

820

JOURNAL OF TH:S Hous~.

Those voting in the negative were Messrs.-
Mann,

Those not voting were Messrs.-

Akin, Hell of .l!lmanuel, Bowen, Bush, Carswell, Conner, Cromartie, Davis, Davison, Derrick, li'ields, li'oster of Towns, l+'ranklln, Gaulden. Grenade,

Grilfin,

McBride,

Hemy,

:\IcLaln,

Hicks,

Newton,

Holder,

Owen,

Johnson of Orawford,Overstreet,

Jones of Dougherty, Parl.:er,

Kelly,

Sanders,

Kent,

Valentine.

Kilburn.

Walker of Pierce,

Knowles, Lawrence. Maples, Mills, l\fltcham,

'Velch. Whitley, Wise. Wooten, Mr. Speaker.

On motion of Mr. Thurman of \Valkcr, the verification of tho roll-call was dispensed with.

On passage of the resolution the ayes were 132, nays 1.

The resolution having received tl!o requisite constitutional majority, was passed.
By Mr. Preston of Jasper-

A resolution to pay nrrs. ::\fartha L. Ifatherway a penswn.

An appropriation being involved, tho Honse resolved itself into a committee of tho whole, an<l the Speaker designated as chairman ::\fr. Butts of Glynn.

After a consideration of the resolution the committee arose, all<l through their chairman, reported the same back

MONDAY 1 DECEMBER 8, 1902.

~21

to the House with the recommendation that the same do pass.

The report of the committee was agreed to.

On passage of the resolution the ayes and nays were ordered, and on taking the ballot viva voce, the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, AI.: in, Alexander, Alford, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Bell or Milton, Blackburn, Bowen, Bower,
Boykin, Brinson, Brock, Brown, Bruce, Buchan, Buchannon, Burton, Butts, Calvin, Candler, Cann, Carr, Carswell, Cliatt, Conner,

Cook, Crumbly, Daves, Davis, Deal, Dozier, Duckett, Duggan, Dunbar, Edwards, l!Jnglish, Ennis, Evans, Felder, l!'lynt, l'oster or Oconee, Fussell, Gaulden, George, Glenn, <lrice, Griffin, Hall, Hatdemnn, Harden, Hawes, Hayes, Hendry, Henry, Hicks,

Hixon or Carroll, Hixon or ~mntet, Holder, Houston, B:oward or Baldwin, Howard or Laurens, Howell, Hutcheson, Johnson or Hnl;:er, J oilnsol;l or Cllnch, .Jones or Pickens, Kendt'lcl;:, Lanier, Lawrence,
Leigh,
Little, Lowe, l\lann, l\Iartin, l\Iayson, l\IIIler of Bulloclr, :\filler of Muscogee, l\Iitchell, Mizell, 1\Iorton, Moses, :\Iulherin, :\lcCurry, McElmurray, McHenry,

822

JOURNAL OF THE HOUSB.

~feRae,

Hawls,

Stewart,

Newton,

ltedwine,

Stovall,

Nisbet,

Reid,

Strickland,

Ovetstreet,

Rice,

Thompson,

O'Quinn,

Richardson,

Thurman,

Pate of Dooly,

Ridley,

Tigner,

Pate of Gwinnett, Hogers of Hall,

Tracy,

Paulk of Cotree,

Rogers of Mcintosh, Underwood,

Paulk of Irwin,

Roper,

Walker of Monroe,

Peyton,

Hountree,

warren,

Phillips of Jetierson, Shackelford,

'Vellborn,

Phillips of Quitman, Shannon,

'Vest,

Preston, Proctor, Rainey, Rankin,

Sin~letary,
Slaton, Steed of Canoll, Steed of 'l'aylor,

'VII son, womble, Wooten. Yates.

Those not voting were Messrs.-

Bell or Emanuel, Jones or Dougherty, Owen,

Booth,

Kelly,

Parker,

Hush,

Kent,

Sanders,

Carrington,

Kilburn,

Spence,

Cromartie,

Knight,

Stanford,

Davison,

Knowles,

Valentine,

Derrick,

Lane,

'Valker of Pierce,

Fields,
l~'lanigan,
l~'oster or Towns,
l~'ranklln,
Grenade,

Maples, 1\lllls, l\fitcham, McBride, 1\lcLain,

'Vatson, Welch, Whitley,
'Vise, l\Ir. Speal;:er.

.Tohnson or Crawford,

The verification o:f the roll-call was disrensed with on motion o:f Mr. Brown o:f Houston.

On passage o:f the resolution the n.vcs were 137, nays 0.
Tho resolution having receivc<l the requisite constitutional majority, was passed.

MONDAY1 DECEMBER 8, 1902.

823

By :Mr. Hawes of Elbert-

A bill to appropriate $20,000.00 for erecting certain buildings for the Deaf and Dumb Institute at Cave Spring.

The committee offered the following amendment, which was adopted, to wit:

To amend by striking the figures $20,000.00 wherever they occur and inserting in lieu thereof the figures $11,500.00.

The bill, which had been considered in the committee of the whole and on which a favorable report was made several days ago, the same \vas put to the House and the favorable report of the counnittee agreed to.

\.n appropriation heing invol\'e(l, the ayes and nays wore ordered oil the passage of the bill, alld oil takiug the ballot vica voce the vote was as follows:

Those voting in the affirmative were :Messrs.-

Alexander, Alm_ond, Ayr('S, Beauchamp, Bell of Emanuel, Blackburn, Bowen, Brock, Buchan, Huchannon, Burton, Butts, Calvin, Cann, Carr,

Carswell, Cook, Daves, Davis, Deal, Dozier, Dunbar, Edwards, )jJvans, Foster of Oconee, Franklin, l<'ussell, Ueorge, Ulenn, Urlce,

Urittin, Harden, Hawes, Henry, Hixon of Carroll, Houston, Howard of Baldwin, Howard or Laurens, Howell, Hutcheson, Knowles, Lanier, Leigh,
Martin, Mayson,

824

JOURNAL OF THE HOUSE.

Miller of Muscogee, Proctor,

Steed of Carroll,

Moses,

Rankin,

Stovall,

Mulherin,

Rawls,

Strickland,

'McCurry,

Reid,

Thurman,

McElmurray,

lUce,

Tigner,

McHenry,

Richardson,

Walker of Monroe

~ewton,

Ridley,

'Varren,

Nisbet,

Rogers of MclntosJ>, West,

O'Quinn,

Hountree,

Wilson,

Pate of Dooly,

Shackelford,

'Wise,

Pate of Gwinnett, Singletary,

'Vomble,

Peyton,

Slaton,

wooten .

Phillips or J etrerson,

Those voting in the negative were Messrs.-

Adams, Akin, Alford, Baldwin, Bell of Milton, Bower, Boy kin, Brinson, Brown, Candler, Carrington, Cllatt, Conner, Crumbly, Duckett, Duggan, l<Jngllsh, Felder, l'ields.
l~lanlgan,

Flynt, Gaulden, Hall, .Hardeman, Hayes, Hendry, Holder, .Tohnson of Baker, Johnson or Clinch, .Tones or Pickens, Kelly, Kendrick, Kent, Knight, Little, Lowe, :\!ann, Miller of Bullock, l\Iitchell,

l\lizell, Morton, Overstreet, Paulk or Cotree, Paulk or Irwin, Phillips of Quitman,
Redwine, Rogers of Hall, Roper, Spence, Stanford, Steed of Taylor, Stewart, Thompson, Tracy, Underwood. Wellborn, Whitley, Yates,

Those not voting were :Messrs.-

Arnold, Beall, Booth,

Bruct, Bush, Cromartie,

Davison, Derrick, Ennis,

MONDAY, DECEMBER 8, 1902.

l'oster of '!'owns, )Iaples,

Grenade,

Mills,

Hicks,

Mitcham,

Hixon of Sumter, McBride,

Johnson of Orawfora,McLain,

Jones of Dougherty, McRae,

Kllburn,

Owen,

Lane,

Parker.

Lawrence,

Preston,

Rainey, Sanders, Shannon, ValentinE>, Walker of Pierce, 'Vatson, Welch, l\Ir. Speaker.

The roll-call was verified and on counting the vote on the passage of the bill the ayes were 82, nays 57.
The bill having failed to receive the requisite constitutional majority, was lost.
Mr. Hawes gave notice that at the proper time he would move to reconsider the action of the House in not passing the above bill.
Leave of absence was granted :l\Iessrs. Grenade, McLain, Foster of Towns, :Mills and Derrick for the purpose of visiting the State farm at :Milledgeville.
Also :Mr. ~{ills of Cherokee on account of sickness.

On motion of Mr. Miller of M nscogee, the House adjournecluntil 8 o'clock this evening.

8 0'clock p.m.
The House reconvened at this hour and was called to order by the Speaker.
On motion of J\fr. Brown of Houston, the call of the roll was dispensed with.

826

JOURNAL OF THE HOUSE.

On motion of :Mr. Steed of Carroll, the elevator boy was excused for the afternoon session.

On motion of :Mr. Steed of Taylor, the pages were also excused.

By unanimous consent the following bill was read the
first time, to wit:
By J\Ir. 1\Iann of Tattnall-

A bill to amend the charter of Lyons, in the county of Tattnall, aml for other purposes.

Referred to Committee on Corporations.

The following resolution was read and referred to the Committee 011 Hulcs, to wit:
By :Mr. J\lillcr of J\Jnscogcc-

A resolution to make Honse resolution No. 6;3 the special order for 12 o'clock, noon, on the Dth, instant.
The following rcsnl11tion was intmdn<erl and nnanimously a<lopte<l by a rising vote, to wit:
By J\[r. Peyton of Habersham-
A resolution ten<lcring the sympathies of the Honse to the family of Hon. Geo. P. Erwin, deceased.

:Mr. Hol<lcr, chairman of the Committee on E<lucation, submitte<l the follmYing report:

Mr. Speal.:cr:
The Committee on Education have had under consideration the following House bills and instruct me, as their

MONDAY, DECEMBER 8, 1902.

827

chairman, to report the same back with the recommendation that they do pass, to wit:
A bill to amend section 1384 of volume 1 of the Code.
A bill to prohibit the manufacture of intoxicating liquors in the 537th Jistrict of Upson county, Georgia.
Also, the following Senate bill with the recommendation that it do pass, to wit:
A bill to establish a system of public schools for the city of Fort Gaines.
Respectfully submitted. JOliN N. HoLDErt, Chairman.

~Ir. Shannon, chairman of the Committee on Counties and County ::\Iattcrs, submitted the following report:
1111-. Speaker:
The Committee on Counties and County Matters have had under comi<leration the following bills anu have instructc(l me, as their chairman, to report hack the same with the recommendation that the same do pass:
Dy _:\Ir. Spence of Ware-
A bill to amend an Act to reincorporate the town of \Vaycross as the city of \Vaycross and granting a new charter to the said town uiHlcr the name of the city of waycross, and for other purposes.

The committee have also had under consideration the following Senate bill and instruct me, as their chairman, to report back the same with the recommendation that it do pass:

828

]O:URNAI. OF THE HOUSE.

By :Mr. Park of the 37th district-

An Act to amend an Act entitled an "Act to establish a dispensary in the city of LaGrange and to provide for the sale of vinous, malt and spirituous liquors and other intoxicants, and for other purposes.

Hespectfully submitted. JonN H. SHANNON, Chairman.

l\Ir. Slaton, chairman of the General Judiciary Committee, submittetd the following report:

1lll-. Speaker:
The General J ndiciary Committee have had under consideration the following Honse bill 'vhich I am instructed to report back, as their chairman, with the recommendation that the same do not pass, to wit:

A bill to abolish the city court of Buford.

Also, the following Honse hill with the recommemlntion that it do pass as amended, to wit:
A bill to prescribe the amount of salary or wages of laborers and others that may be exempt from procesR of gamishment, and for other purposes.

Also, the following Honse resolution with the recommendation that it tlo pass a,; ameiHlc>d, to wit:

A resolution for the relief of E. A. Tinck of Berrien connty.

Also the following Senate bill with the recommenda1
tion that it do pass, to wit:

MONDAY, DECEMBER 8, 1902.

829

A bill to authorize the Governor to require the attorneygeneral to perform the duties of attorney of the W. & A. R.R.

Also, the following Senate resolution with the recommendation that it do pass, to wit:

A resolution authorizing the burning of cancelled bonds and coupons of the State now in the treasury vaults.

Respectfully submitted.
JonN :M. SLATON, Chairman.

Mr. Flynt; chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your committee having had under consideration the following Honse bills and instructed me, as their chairman, to report them back to the Honse with the recommendation that the same do pass:
By ~[r. Houston of Fulton-
To give rccor<ler's court in cities in Georgia having a population greater than RiJ,OOO to commit minors under 16 years of age upon conviction in said court to the county reformatory.
By ~lr. Fiel<ls of Dooly-
To amend an Act concerning the election laws of the city nf Cordele.

830

JOURNAL OF THE HOUSE.

By 1Ir. Wooten of 11ontgomery-
To repeal an Act to establish the city court of 1\Iount Vernon, in the city of l\ft. Vernon, etc.

Respectfully submitted.

J. J. "FLYNT, Chairman.

l\Ir. Adams, chairman of the Committee on Temperance, submitted tl1e following report:

M1. Speaker:

Tho Committee on Temperance, having had under consideration the following hill, report same back to the House with tho recommenJation that it do pass, to wit:

By Mr. Comas of the 3d district-
To amonJ section 1541 of the Code prescribing the number of names to be signed to petitions for elections for or against the sale of liquor and the manner of determining the sufficiency of same.

Respectfully submitted. GEo. \V. ADAMS, Chairman.

Mr. Hayes and Mr. Mulherin, committee on part of the Honse to examine the books of tho State Treasurer and iho Comptroller-General, submitted the following report:
Mr. Sprnl.er:
Your committ.0c has rardnlly 0xamincd the hooks and vonrhcrs of the ofnc0s of tlH' State Tr0asnrer and Comptrollcr-GC'J!Pnd, inc1wling all tl](' lmsiness done by those <l0partm0ntR since the 0xnmination hy a like committee from the last T.0gislntnrc and fin<l them correct.

MONDAY, DECEMBER 8, 1902.

831

We commend the able heads of these departments and their assistants as eminently worthy of the trust the people of Georgia have reposed in them.

Your committee made a careful examination of the State Treasurer's office and find that no money is paid out by the treasurer except upon proper vouchers and that he has on hand all the money with which he stands charged on the books of the Comptroller-General. We regard the State's funds as in safe and capable hands.

\Ve recommend that tho canceled bonds and coupons now in the treasury vault be destroyed.
J. E. HAYES, P. l\L MuLHERIN,
Committee on Part of House.

::\Ir. Shackelford, chairman of the Committee on Corporations, submitted the following report:

Nr. Speaker:

The Committee on Corporations have had under consideration Senate bill No. 101.

By :Mr. Hndson of the 13th district-

A bill to be entitled an Act to amend section 45 of the charter of tho cit,v of Americus, approved November 11, 18!)9, so as to make the police commissioners elective by the people, and instruct me to report the same back to the House with the recommendation that the same do pass.

Respectfully ec1bmitted.
Tuos. J. SHACKELFORD,
Chairman Committee on Corporations.

-832

jOURNAL OF THE HOUSE.

:Mr. Shackelford, chairman of the Committee on Corporations, submitted the following report:
Jl1 r. 8 peal.:er:

The Committee on Corporations have had under consideration the following bills of the Senate, and instruct me, as their chairman, to report the same back to the House with the recommendation that the same do pass, to wit:
By l\Ir. Clarke of the 14th district-

A bill to be entitled an Act to incorporate the town of Chester, in Dodge county.
By l\ir. Hightower of the 9th district-

A bill to be entitled an Act to amend an Act entitled an Act to incorporate the town of Newton.

By l\Ir. Tisingcr of the 25th district-

A bill to be entitled an Act to incorporate the town o Atwater.
Respectfully submitted.
Tnos. J. SHACKELFORD, Chairman Committee on Corporations.

By ~[r. Houston of Fulton-

A re,;olntion to make appropriation to cover deficiencies in the pnbli~ printing fnn<l, and for other purposes.
An appropriation being involved, the House resolved itself into a committee of the whole and tho Speaker <lesignatcd as chairman l\fr. Howell of :Meriwether.

MONDAY, DECEMBER 8, 1902.

833

After a consideration of the resolution, the committee arose and through their chairman reported the same back to the House with the recommendation that it do pass:

The committee report was agreed to.
On the passage of the resolution the ayes and nays were ordered and on taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, Almond, Baldwin, Beauchamp, Bell of Milton, Blackburn, Booth, Bowen, Bower, Boykin, Brock, Brown, Buchan, Huchannon, Burton. Butts, Calvin, Carrln..,oton, Carswell,' Cllatt, Conner, Cromartie, Crumbly, navis, Deal, Dozier, Dunbar,
l~dwards,
5:l b j

ffingllsh,

Kent,

]lnnis,

Kilburn,

Evans,

Knowles,

!<'elder,

Lane,

Fields,

Lanier,

l<'fanigan,

Leigh,

Flynt,

Little,

Fost(r of Oconee, Lowe,

l'ranklln,

1\Iann,

J<'ussell,

l\lartlu.

Gaulden,

Miller of Muscogee.

George,

1\1 itchell,

Grice,

l\lizell,

Harden,

l\Ioses,

Hawes,

Mulherin,

Hayes,

l\lcCurry,

Hicks,

l\IcElmurray,

Hixon of Carroll, l\IcHenry,

Hixon of Sumter, ~JcHae,

Holder,

Nisbet,

Houston,

Owen,

Howard of Baldwin, O'Quinn,

Howard of Laurens, Pate of Dooly,

Howell,

Pate of Gwlnnett,

Hutcheson,

Paulk of Coffee,

.Tohnson of Balrer, Paulk of Irwin,

.Tohnson of Ullnch, l'f'yton,

.Tones of Pickens, Phillips of Jefferson,

.834

JOURNAL OF THE HOUSE.

l'hlllips or Quitman. Shannon,

!'reston,

Slaton,

Proctor,

Spence,

Rankin,

l'ltanford,

Richardt!on,

Steed or Carroll,

Ridley,

Steed or Taylor,

Rogers or Hall,

Stovall,

Rogers of Mclnwsh, Thurman,

Roper,

Tigner,

Rountree,

Underwood,

Walker or Monroe, \Vanen, Wellborn, West. Whitley, "'ilson, Wise, \Vomble, Wooten, Yates,

Those voting in the negative were Messrs.-

Akin,
~lexander,

Duggan, Kelly,

Knight,

Those not voting were :Messrs.-

Alford, Arnold, Ayres, Beall, Bell of Emanuel, Brinson, Bruce, Bush, Candler, Cann, Carr, Cook, Daves, Davison, Derrick, Duckett, Foster of 'l'owns, GiE:nn. Grenade,

GrUHn,

Parker.

Hall,

Rainey,

Hardeman,

Rawls,

Hendry,

Redwine,

Henry,

Reid,

Johnson of Orawford,IUce,

.Jones of. Dougherty, Sanders,

Kendrick,

Shackelford,

Lawrence,

Singletary,

.\fa pies,

Stewar't,

1\Iayson,

Strickland,

l\llller of Bullock, Thompson,

1\Iills,

Tracy,

1\Iitcham,

Valentine,

Morton,

"'aliter of l'ierce.

1\fcBrlde,

\Vatson.

lllcLaln,

Welch,

Newton.

1\It. Speaker.

OYerstreet,

The n~rific>ntion of th0 l'Ol!-rnll \\'fl'- <lispf'IISf'd with on motimt of }.fr. Steed of Carroll.

MONDAY, DECEMBER 8, 1902.

835

On the passage of the resolution the ayes were 114, -nays 5.
The resolution having received the requisite constitutional majority, was passed.

Mr. Shackelford, chairman of the Committee on Corporations, submitted the following report:
111r. Speaker:

The Committee on Corporations have had under consideration the following bills of the House and instruct me, as their chairman, to report the same back to the House with the recommendation that the same do pass, to wit:

By Mr. Hutcheson of Haralson-

A bill to be entitled an Act to amend the Act incorporating the city of Tallapoosa.
By :Mr. \Velch of Gilmer-

A bill to be entitled an Act to incorporate the town of East Ellijay.
Rcspectf1~lly submitted. THOS. J. SHACKEJ,FORD,
Chairman Committee on Corporations.

:Mr. Hawes, chairman of the Committee on Pensions, wbmitted the following report:

The Committee on Pensions have had under consideration the following resolution and instruct me, as their chair-

836

JOURNAL OF THE HOUS&

man, to r~port same back with the recommendation that it do pass:

By 1\Ir. SpenceTo appropriate pension of Jesse E. Butler to his widow. Respectfully submitted. P.M. HAWES, Chairman.

Mr. DaYis, chairman of the Committee on Apprpriations, submitted the following report:

Jfr. Speaker:
The Appropriations Committee has had under consideration House resolution No. !)5 and have instructed me, their chairman, to report the same back to the House with the recommendation that it do pass:
Also, House resolution No. 122, which retun with a recommendation that it do pass as amended.
Also, House resolntion No. 132, which is also returned with a recommendation that it do pass.
Respectfully submitted. CnAs. L. DAvrs, Chairman.

The uml0rsigncd m0m b0rs of tl10 Commi tt0e on Corporations snlnnittc<l the following minority r0port:
Jl J'. 8 pcal.:c1:
\\'0, the m1<l0r~igncd lllf'llll)('l'S of the Committee nu Cotporatimts ncomntctHl that Srnate hill~ o. 101 (lo not pas,;;.
T,. fi. l\foRTO~, G. II. CARSWELL, IT. H. lxrTLE.

MONDAY, DECEMBER 8, 1902.

837

The next resolution for a third reading was:

13y J\Ir. Calvin of Richmond-

A resolution to pay the per diem that would have ac-crued to the Hon. P. J. Sullivan, this session, to the administrator of his estate.

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

On passage of the resolution the ayes were .102, nays, 2.

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

By Mr. Dunbar of Richmond-

A resolution to pay Mrs. Abbie Renew ,a pension due her husband.

An apprpriation being involved, the House resolved itself into a committee of the whole and the Speaker desigsignated as cl~airman Mr. Adams of Putnam.

After a consi<.leration of the resolution, the committee arose and through their chairman, reported the same back to the House with the recommendation that it do pass.

The report of the committee was agreed to.

On the passage o the bill the ayes and nays were ordered and on taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, Akin, Alexander,

Alford, Almond, Ayres,

Baldwin, Beall, Beauchamp,

838

JOURNAL OF THE HOUSE.

Bell of Milton, Blackburn, Booth, Bowen, Bower,
Brock, Kuchan, Buchannan, Burton, Butts, Calvin, Carrington, Carswell, Cllatt, Conner, Cromartie, Crumbly, Davis, Deal, Dozier, Duggan, Dunbar, Edwards, English, Ennis, Evans, Felder, Fields, l<'lynt, l<'oster of Oconee, FranJOin, Fussell, Gaulden, George, Glenn, Grtce, Hall, Harden, Hawes,

Hayes,

Pate of Gwlnnett,

Hendry,

Paulk of Uotree,

Henry,

Paulk of Irwin,

Hicks,

Peyton,

Hixon of Carroll, Phillips of J efl'erson,.

Hixon of ::Sumter, Phillips of Quitman,

Holder,

Preston,

Houston,

Proctor,

"Howard of Baldwin, Rankin,

Howard of Laurens, Rice,

Howell,

Richardson,

Hutcheson,

Rogers of Hall,

Johnson of Baker, Rogers of Mcintosh~

Johnson of Ulmch, Roper,

.Jones of Pickens, Rountree,

Kelly,

Shannon,

Kent,

Slaton,

Kilburn,

Spence,

Knight,

Stanford,

Knowles,

Steed of Carroll,

Lanier,

Steed of Taylor,

Leigh,

Stewart,

Little,

Stovall,

Lowe, Mann,

Thompson, Thurman,

Martin.,

Tigner,

Miller of Muscogee, Tracy,

Mitchell,

Underwood,

Mizell, Mulherin,
~McCurry,
McElmurray, McHenry,
~feRae,
Nisbet, Owen, O'Qulnn, Pate of Dooly,

Walker of Monroe, Warren, wellborn, West, Whitley, Wilson, "\Vise, "\Vomble, Wooten. Yates.

Those not' voting were Messrs.-

Arnold, Bell of Emanuel,

Bo;rkin, Brinson,

Brown, Bruce,

MONDAY, DECJ;;MBER 8, 1902.

839"

Hush,

Jones of Dougherty, Parker,

Candler,

Kendrick,

Rainey,

Cann,

Lane,

Rawls,

Carr,

Lawrence,

Redwine,

Cook,

Maples,

Reid,

Daves,

Mayson,

Ridley,

Davison,

Miller of Bullock, Sanders,

Derrick,

Mills,

Shackelford,

Duckett,

Mitcham,

Singletary,

~,Ianigan,

Morton,

Strickland,

!Poster of '!'owns, Moses,

Valentine,

Grenade,

McBride,

Walker of l'lerce,

GrltHn,

McLain,

Watson,

Hardeman,

Newton,

Tohnson or Crawford,Overstreet,

Welch, Mr. Speaker.

The verification of the roll-call was dispensed with on motion of Mr. Lane of Sumter.
On passage of the resolution the ay~s were 124, nays 0.

The resolution having received the requisite constitutional majority, was passed.
By Mr. Hall of Bibb-
A resolution to pay the stenographer of the committee appointed to consider that part of the Governor's message relative to theW. & A. R. R.
An appropriation being involved, the House resolved itself into a committee of the whole and the Speaker designated as chairman of the committee l\r. Carswell of Wilkinson.
After a consideration of the resolution, the committee arose and through their chairman, reported the resolution back to the House with the recommendation that it do pass.

JOUBNAI. OP THE HOUSE.
The report of the committee, which' -..vas favorable to the passage of the resolution, was agreed to.

The ayes and nays were ordered, and on taking the ballot viva voce, the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, Alexander, Alford, Almond, Ayres, Baldwin, Beauchamp, Hell of Milton, Blackburn, Booth, Bowen, Bower,
Boy kin, Brock, Brown, Buchan, Buchannon, Burton, Bush, Butts, Calvin, Cann, Carswell, Cllatt, Conner, Cromartie, Crumbly, Deal, Dozier, Duggan, Dunbar, ffidwards, English, Ennis,

E:vans,

Lowe,

!<'elder,

Martin,

Foster or Oconee. Miller of 1\Iuscogee,

Franklin,

Mitchell,

Fussell,

Mizell,

Gaulden,

Moses,

George,

Mulherin,

Glenn,

McCurry,

Grice,

1\IclJJlmurray,

Hall,

1\IcHenry,

Harden,

l\IcHae,

Hawes,

Nisbet,

Hayes,

Owen,

Hendry,

O'Quinn,

Hicks,

Pate of Gwlnnett

. Hixon of Carroll,
Hixon of :Sumter.

Paulk of Cotree, Paulk of Irwin,

Holder,

Peyton,

Houston,

Phillips of Jefferson,

Howard of Haldwm, Phillips of Qultm:m,

Howard of Laurens, Preston,

Howell,

Proctor,

Hutcheson,

Rankin,

Johnson of Hak.,., Hawls,

Johnson of Clinch, Hice,

Jones of Picken!', Richardson,

Kelly,

Ridley,

Kent,

Rogers of Hall,

Kilburn,

Rogers of Mcintosh,

Knight,

Roper,

Lane,

Rountree,

Lanier,

Sanders,

Leigh,

Shannon,

Little,

F:laton,

MONDAY, DECEMBER 8, 1902.

841

Spence, Steed of Carroll, Steed of Taylor, Stewltrt, Stovall, 'l'hurman,

Tigner, Tracy, Underwood, Walker of Monroe, \V'arren, Wellborn,

West, Whitley, Wilson, womble, Wooten, Yates,

Those not voting were Messrs.-

Akin, Arnold,. Beall, Bell of Emanuel, Brinson, Bruce, Candler, Carr, Oanln,gton, Cook, Daves, Davis, DaviEJon, Derrick, Duckett, Fields, I'lanigan, Flynt, l'oster of '!'owns,

Grenade,

Newton,

Grlttin,

Overstreet,

Hardeman,

Parker,

Henry,

Pate of Dooly,

John,son or Orawford,Ralney,

Jones or Dougherty, Redwine,

Kendrick,

Reid,

Knowles,

Shackelford,

Lawrence, ' Mann,

Singletary, Stanford,

Maples,

Strickland,

Mayson,

Thompson,

Miller of Bullock, Valentine,

Mills,

Walker of Pierce,

Mitcham,

'\\< atson,

Morton, McBride, McLain,

Welch, Wise, Mr. Speaker.

The verification of the roll-call was dispensed with on motion of :Mr. Howell of Meriwether.

On passage of the resolution the ayes were 120, nays 0.

The resolution having received tho requisite constitutional majority, was passed.

Ry l\Ir. Slaton of :Fnlton-

A resolution to pay l\rrs. R. ,V, I,ord the pension due her husband.

842

jOURNAL OF THE HOUS&.

An appropriation being involved, the House resolved itself into a committee of the whole and the Spearker de~ig nated as chairman of the committee l\fr. Boykin of Wilkinson.

After considering the resolution the committee arose, and through their chairman, reported the same back to the House with the recommendation that it do pass.

The report of the committee was agreed to.

On the passage of the bill the ayes ami nays were ordered and on taking the ballot viva voce, the vote was as follows:

Those voting in the affirmative were l\fessrs.-

Adams, Akin, Alexander, Alford, Almond, Ayres, Baldwin, Beauchamp, Bell of Milton, Blackburn, Booth, Bowen, Bower, Boykin, Brock, Brown, Buchannon, Burton, Bush, Butts, Calvin, Cann, Carswell, Cliatt,

Gonner, Cromartie, Urumoly, Davis, Deal, Duggan, Dunbar, Edwards, English, Ennis, Evans, Felder, Flynt, l<'oster of Oconee, Franklin, l!'ussell, Gaulden, Glenn, Grice, Hall, Hawes, Hayes, Hendry, Henry,

Hicks, Hixon of Ual'roll, Hixon of ~umter, Holder, Houston, Howard of Baldwin, Howard of Laurens, Howell, Hutcheson, Johnson of Baker, Johnson of Olinch, Jones of l'ick~ns, Kelly, Kent, Kilburn, Knight, Knowles, Lane, Lanier, Leigh,
Little, Lowe, Mann,
~fartln,

TUESDAY, DECEMBER 9, 190~.

Miller or Muscogee, Rankin,

Stovall,

Mitchell,

Hawls,

~'hompson,

Mizell,

Richardson,

Thmman,

Moses,

Ridley,

~'igner,

Mulherin,

Rogers ot Hall,

'l'racy,

1\lcCurry,

Rogers of Mcintosh, Underwood,

McElmurray,

Roper,

Wallter of Monro~o,

McHenry,

H.ountree,

McH.ae,

::;anders,

Nisbet,

Shannon,

Owen,

Slaton,

Paulk of Cotree,

Spence,

Paulk or Irwin,

Stanford,

Peyton,

Steed or Carroll,

Phillips ot Jetrerson, Steed of 'l'aylor,

Phillips of Quitman, Stewart,

\Varren, Wellborn, West, Whitley, Wilson, Wise, \Vomble, \Vooten, Yates,

Proctor,

Those not voting were Messrs.-

Arnold, Beall, Bell of Emanuel, Brinson, Bruce, Buchan, Candler, Carr, Carrington, Cook, Daves, Davison, Derrick, Dozier, Duckett, l!'lelds, l!'lanlgan, E'oster or '!'owns,

George,

Overstreet,

Grenade,

O'Quinn.

Gritlin,

Parker,

Hardeman,

Pate of Dooly,

Harden,

Pate of Gwinnett,

Johnson of Crawford,Preston,

Jones of Dougherty, Rainey,

Kendrick,

H.edwine,

Lawrence,

Reid,

Maples,

Rice,

Mayson,

Shackelford,

Miller of Bullock, Singletary,

Mills,

StJ:iCkland,

Mitcham,

Valentine,

Morton,

Walker of Pierce,

McBride,

Watson,

lllcLaln,

Welch,

Newton,

Mr. Speaker.

On motion of Mr. Hawes of Elbert, the verification of the roll-call was dispensed with.

844

JOURNAl. OF THE HOUSB.

On passage of the resolution the ayes were 121, nays 0.
The resolution having received the requisite constitutional majority, was passsed.
13y ~Ir. Johnson of Baker-
A resolution providing for the payment of the pension due B. G. Smith of Baker county.
An appropriation being involved in the resolution, the House resolved itself into a committee of the whole and the Speaker desig11ated as chairman of the committee Mr. 1\I(}Curry of Hart.
After a consideration of the resolution, the committee arose and through their chairman, reported progress and asked leave to sit again.
Mr Slaton of Fulton moved that when the regular hour of adjournment be reached the session be extended until 10 o'clock for the purpose of considering local bills, which motion prevailed.
On motion of ~[r. ~filler of 1\Inscogee, the House adjourned until D o'clock to morrow morning.

Atlanta, Georgia.
Tuesday, December Q, 1902.
The Honse met pursuant to adjournment at Do'clock a.m. this day; was called to order by the Speaker and opened with prayer by the Chaplain.

TUESDAY, DECEMBER 9, 1902.

845

The roll was called and the following members answered to their names :

Adams, Akin, Alexander, Alford, Almond. Arnold, Ayres, Baldwin, Beall, Beauchamp, Hell of Emanuel, Hell of Milton, Blackburn, Booth, Bowen, Bower, Boy kin, Brinson, Brock, Brown, Bruce, Buchan, Buchannon, Burton, Bush, Butts, Calvin, Candler, Cann, Carr, Carrington, Carswell, Cllatt, Conner, Cook, Cromartie, Crumbly, Daves, Davis.

Davison,

Hutclleson,

Deal,

Johnson ot Baker,

Derrick,

Johnson of Crawford,

Dozier,

Jones of Dougherty,

Duckett,

Jones of .Pickens,

Duggan,

Kelly,

Dunbar,

Ecndr!ck,

Edwards,

Kent,

English,

Kilburn,

Ennis,

Knight,

Evans,

Rnowles,

Felder,

Lane,

Fields,

Lanier,

l<'lanigan,

Lawrence,

l!'lynt,

Leigh,

ll'oster of Oconee, Little,

ll'oster of '!'owns, Lowe,

I'ranklin,

1\Iann,

}j'ussell,

:!\Iartin,

Gaulden,

Mayson,

George,

M!ller of Bullock,

Glenn,

:Miller of Muscogee,

Grice,

1\Iills,

Griffin,

1\fitchell,

Hall,

l\Iizell,

Hardeman,

Morton,

Harden,

Moses,

Hawes,

1\Iulher!n,

Hayes,

1\IcBride,

Hendry,

1\IcCurry,

Henry.

1\IcE!murray,

Hicks,

.\lcHenry,

Hixon of Carroll. 1\IcLain,

Hixon of Sumter, l\fcHae.

Holder,

Newton,

Houston,

Nisbet,

Howard of Baldwin, Owen,

Howard of J,aurens, 0Yerstreet,

Howell,

O'Quinn,

846

JOURNAL OF THE HOUS&

Parker,

Rogers of Mcintosh, Tigner,

Pate ,of Dooly,

Roper,

'l'racy,

Pate of Gwlnnett, Hountree,

Underwood,

Paulk of Uotree,

Sanders,

Valentine,

Paulk of Irwin,

Shackelford,

Walker of Monroe,

Peyton,

Shannon,

'Valker of Pierce.

Phillips of J elferson. Singletary,

'Vanen,

Phillips of Quitman, Slaton,

Preston,

Spence,

Proctor,

Stanford,

Hainey,

Steed of Uarroll,

Rankin,

Steed of 'l'aylor,

Rawls,

Stewart,

Reid,

Stovall,

Rice, Richardson, Ridley,

Strickland, Thompson, 'l'hurman,

'Vatson, Wellborn, West, Whitley, Wilson, Wise, Womble, Wooten, Yates. Mr. Speaker.

Rogers of Hall,

Those absent were :Messrs.-

Grenade,

Maples,

Johnson of Clinch, Mitcham,

Redwine, Welch,

Mr. Flanigan of Gwinnett, reported that the Journal of yesterday's proceclings had been examined and found correct.

On motion of l.Ir. Richardson of Houston, the reading of the .Tournal was dispensed with.

The following resolution was rPad and referred to the Committee on Hnles, to wit:

B,v l\Ir. Howard of Laurens-

RPsolved, That all local awl special bills be placed on their passage inmwdiately after the special order for this morning.

ThP following Senate hill, \Yhich was made the special order for this morning, was I'E'a<l the third time and put npon its passagP, to wit:

TUESDAY, DECEMBER 9, 1902.

847

By Mr. Skelton of the 31st district-

A bill to change the time of meeting of the General Assembly from the fourth Wednesday in October to fourth Weduesday in June, and for other purposes.

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

11r. Reid of Campbell called for the previous question, which call was sustained and the main question ordered.

On the passage of the bill, Mr. Davis called for the ayes and nays. The call was sustained, and on taking the ballot vi,va voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, Alexander, Alford, Almond, Ayres, Baldwin, Beall, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Bowen, Bower,
Brock, Brown, Bruce, Buchannon, Burton, Bush, Calvin, Cann, Carr,

Cal'l'ington, Carswell, Cliatt, Conner, Cook, Cromartie, Cl'llmbly, Daves, Davison, Deal, Dunbar, Edwards, Ennis, J<Jvans, Fields, Flanigan, Flynt, Franklin, Fussell,
t~lltliden,
George,
Glenn,

Grenade, Grice, Grittin, Hawes, Hayes, Hicks, Hixon of Carroll, Hixon of Sumter, Holder, Houston, Howard of Baldwin, Howard of Laurens, Johnson of Baker, Jones of l'icl>enl!, Kelly, Kendricl.:, Kent, Knight, Knowles, Lanier, Lawrence, Leigh,

848

]OURNAL OF TBK HOUS&

Little,
~!ann,
Martin, 1\Iiller of .Bullock, l\IIller or Muscogee, l\Iitchell, Morton, Moses, Mulherin, ;\lcUurry, McElmurray, Newton, Nisbet, Overstreet, O'Qulnn, Parker, Pllte of Dooly, Pate of Gwlnnett,

Paulk of Cotiee,

Singletary,

Paulk of Irwin,

Slaton,

Phillips of J etierson, :Stanford,

Phillips of Quitman, Steed of Carroll,

Preston,

Stewart,

Proctor,

Thompson,

Rainey,

Tigner,

Rankin,

Tracy,

Hawls,

Valentine,

Hlchardson,

Walker of Monroe,

Hidley,

\Vanen,

Rogers or Hall,

Wellborn,

Rogers of 1\lclntosh, WhitlE-y,

Hoper,

Wilson,

Rountree,

1Vise,

Sanders,

Womble,

Shackelford,

Wooten,

Shannon,

Yates~

Those voting in the negative were Messrs.-

Akin, Arnold, Beauchamp, Brinson, Davis, Dozier, Duggan, J<}nglish, !'elder, Foster of Oconee,

Hall, Hardeman, Harden, Hendry, Henry, Howell, Hutcheson, Lowe, Mayson,

1\Iizell, UcHenry, MPHae, Heit1, Hlce, StoYall, Thurman,
Underwood, \Vest,

Those not voting were Messrs.-

Boy kin,

Jones of Dougherty, Peyton,

Buchan,

Kilburn,

Hedwlne,

Butts,

Lane,

Spence,

Cancller,

l\faples,

StPe!l of Taylor,

Derricl;:,

:\!ills,

Strickland,

Duckett,

:\fitcllam,

\Yalkcr of Pierce,

Foster of 'l'owns. :\IcBrille,

\Vatson.

;rolmsou of Clinch, :\!cLain,

\Yel<'h.

John.son of Crawford,<)wen,

:\lr. Speaker.

TUESDAY, DECEMBER H, 1902.

849

The roll-call was verified and it was found that on the passage of the bill the ayes were 120, nays 28.
The bill having received the requisite constitutional majority, was passed.
The following message was received from the Senate through :Mr. N orthen, the Secretary thereof.

111r. Speaker:
The Senate has passed, by the requisite constitutional mnjority, the following bill of the House, to wit:

A bill to regulate the sale of mortgaged property under power of sale.

A bill to establish dispensaries for Coffee county for the sale of spirituous, vinous and malt liquors, and create a board of managers for the same, and for other purposes.

The following message was received from the Senate through Mr. Northen, 'the Secretary thereof:

},[r. Speaker:
The Senate has passed, by the requisite constitutional majority, the following bill of the House, to wit:

A bill to regulate the traffic in seed-cotton in the counties <>f Elbert, Wil~es and Lincoln; provide a penalty for violation of same, and for other purposes.
The Senate has also passed as amended, by the requisite <!onstitutional majority, the following bill of the House, to wit:
A bill to create a board of commissioners of roads and revenues for the county of Rockdale, and for other purposes.
54 hj

850

JOURNAL OP THE HOUS&

The Senate has also concurred in the House amendments to the following Senate bill, to wit:
A bill to cede to the United States the jurisdiction of this State oYer certain lands in the counties of \Valker, Dade and Catoosa, in this State adjacent to or in the vicinity of Chicamauga National Park, and for other purposes.
Mr. :Morris, chairman ex officio of the Committee on Hules, submitted the following report:
Mr. S pealcer:
The Committee on Rules have had under consideration resolution No. 148 and recommend that the same do pass as amended.
Also, resolution No. 149 and recommend that same do pass by substitute.
Also, that bill No. 249 be made the special order, to immediately follow resolution No, 63.
N. A. MoRRis, Chairman.

The following bill was read third time and put upon its passage, to wit:
By ~[r. Brinson of Decatur-
A hill to regulate the sale of Georgia cane syrup and pren'nt the lHlnlteration of the same, and for other purposes.
~[r. Brinson offere(l a snhstitntc for the above Lill, which \Ya::l read and adopted.
The report of the committee, \rhirh wns faYorable to the rassage of tle bill hy snbstitnte, was agree(l to.

TUESDAY, DECEMBER 9, 1902.

851

On the passage o the bill the ayes and nays were Clrdered, and on taking the ballot viva voce, the vote was as ollows:

Those voting in the affirmative were Messrs.-

Adams,

Edwards,

Knight,

Akin,

English,

Knowles,

Alexander,

Ennis,

Lane,

Alford,

Evans,

Lanier.

Almond,

Felder,

Lawrence.

Arnold,

l!'ields,

Leigh,

Ayres,

l<'lamgan,

Little,

Baldwin,

l<'lynt,

Lowe,

He all,

Foster of Oconee, l\Iann,

Bell or Emanuel, l!'ranklin,

Martin,

Bell of Milton,

Fussell,

l\Iayson,

Blackburn,

Gaulden,

Miller of Bullock,

Booth,

Ueorge,

Miller of Muscogee.

Bowen,

Ulenn,

Mitchell,

Bower,

Urlce,

1\Iizell,

lkinson.,

Hall,

Morton,

Brock,

Hardeman,

Moses,

Brown,

Harden,

Mulherin,

Buchan,

Hawes,

1\IcCurry,

Buchannan,

Hayes,

1\lcEimurray,

Burton, Bush,

Hendry,
r' Henry,

1\IcHenry, 1\tcHae,

Butts,

Hicks,

Newton,

Calvin,

Hixon of Carroll, Nisbet,

Carrington,

Hixon of :Sumter, Overstreet,

Carswell,

1 !!'Holder,

U'tlninn,

Conner,

,. ( Houston,

Parker,

Cook,

Howard of Baldwin, Pate or Dooly,

Cromartie,

Howard or Laurens, Pate or Uwlnnett,

Crumbly, Daves,

Howell,
I nHutcheson,

Paulk of Ootree, Paulk of Irwin,

Davis,

: .Tohnson of Baker. Peyton,

Deal,

Jones of Dougherty, Phillips of Jetrerson,

Dozier,

Jones of Pickens, Phillips of Quitmnn,

Duggan,

Kent,

Preston,

Dunbar,

Kilburn,

Proctor,

852

]OUllNAL O:F THK Hous~.

Rainey,

Singletary,

Rankin,

Slaton,

Rawls,

Spence,

Hice,

Stanford,

Richardson,

Steed or Uarroll,

Ridley,

Steed of 'l'aylor,

Rogers of Hall,

Stewart,

Rogers of Mcintosh, Stovall,

Roper,

Strickland,

Rountree,

Thompson,

Sanders,

'l'hurman,

Shackelford,

Tigner,

Shannon,

Tracy,

Underwood, Valentine. Walker of Monroe, Warren, \Vatson,
'Vellborn, West, Whitley, 'Wilson, Wise, \Vomble, Wooten, Yates,

Those not voting were :Messrs.-

Beauchamp, Boy kin, Bruct, Candler, Cann, Carr, Cliatt. Davison, Derrick, Duckett,

li'oster or '!'owns. Mitcham,

Grenade,

McBride,

Grii:Hn,

McLain,

Johnson of Clinch, Owen,

Johnson of Urawford,Redwine,

Kelly,

Reid,

Kendrick,

Walker of Pierce,

Maples,

Welch,

1\fllls,

Mr. Speaker.

By unanimous consent the verification of the roll-call was dispensed with.

On passage of the bill the ayes were 146, nays 0.
The bill having received the requisite constitutional majority, was passed by substitute.

The following bills were read the third time and put upon their passage, to wit:

By Mr. Evans of WashingtonA bill to amend section 982, volume 1 of the Code so as

TUESDAY, DECEMBER 9, 1902.

853

to make the city of Sandersville a State depository, 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 96, nays 4.
The bill having received the requisite constitutional majority, was passed.
l\1:r. Franklin of Washington gave notice that at the proper time he would move to reconsider the action of the House in not passing the above bill.

The next bill for a third reading was : By Mr. Calvin of Richmond-

A bill to authoriz(l cities of 30,000 inhabitants or more to lay out and maintain boulevards, driveways, parks, etc., and for other purposes.
While the above bill was under consideration, the hour of adjournment arrived and tlw Speaker declared the House adjourned until 3 o'clock this afternoon.

3 0'clock p.m.
The House reconvened at this hour and was called to order by the Speaker.
By unanimous consent the call of the roll was dispensed witlt.
Under the head of unfinished business, the following bill was taken up, to wit:

854

JOURNAl. OF THE HOUSK.

By Mr. Calvin of Richmond-

A bill to authorize the cities of this State having a population of 30,000 or more to lay out and maintain boulevards, parks, etc., and for other purposes.

On motion of :Mr. Calvin the above bill was tabled.

The next bill for a third reading was as follows, to wit:

By Mr. Hixon of Sumter-

A bill to amend section 45 of the charter of the city of Anwricus, relatiYe to the election of police commissioners by tlw people, and for other purposes.

~r r. Lane of Sumter moved that the bill be indefinitely postponed.

On the motion to indefinitel,y postpone, the previous question was called, which call was sustained and the main (pwslion ordered.

On the motion to indefinitely postpone the ayes and nays wew ordered, and on taking the ballot viva voce, the vote was a,; follows:

Those voting in the affirmatiYe were Messrs.-

Carswell, Ullatt, Cook, (;rom artie, JJeal, Duggan, l<'lanlgan, t;aulden, Glenn, Grice, Grittin,

Hutcheson, Lane, Lawrence, Little, l\Iitchell, 1\lizell, l\lcRae, O'Quinn, Parker. Pate of Gwinnett,

Preston, Proctor, ':dountree, Singletary, Spence, Stewart, Tracy, Valentine, Walker of Monroe woo ten.

TUESDAY, DECEMBER 9, 1902.

855

Those voting in the negative were Messrs.-

Almond, Ayres, .Haldwln, Beauchamp, Bower, Buchan, Burton, Bush, .Calvin, Cann, Conner, -crumbly, Daves, Davis, Dozier, Duckett, Dunbar,
l~ngllsh,
Ennis, Felder, Fields, l<'oster of Oconee, Franklin, George, Harden,

Hawes,

McElmurray,

Hayes,

McHenry,

Hendry,

Nisbet,

Henry,

Owen,

Hixon of Carroll, Overstreet,

Hixon of Sumter, Paulk of Cotree,

Holder,

Paulk of Irwin,

Houston,

Phillips of Quitman,

Howard of Baldwin, Rice,

Howell,

Ridley,

Johnson of Baker, Rogers of Mclntosll.

Jones of Plck(>ns, Roper,

Kendrick,

Sanders,

Kent,

Shackelford,

Knowles,

Slaton,

Lanier,

Stanford,

Leigh,

Steed of Carroll,

Lowe,

Steed of Taylor,

~I a n n ,

Stovall,

l'lfartin,

Strickland,

Mayson,

Thompson,

1lliller of Muscogee, Thurman,

Mulherin,

Whitley,

McBride,

Wilson,

'McCurry,

Womble,

Those not voting were J\fessrs.-

Adams, Akin, Alexander, Alford, Arnold, Beall, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Bowen, Boykln,

Brinson, Brock, Brown, Bruce, Buchannon, Butts, Candler, Carr, Carrington, Davison, Derrick, Edwards,

J<Jvans, Flynt, Foster of '!'owns, Fussell, Grenade, Hall, Hardeman, Hicks, Howard of Laurens, Johnson of Clinch, Johnson or Crawford, Jones of Dougherty,

856

JOURNAL OF THE HOUSE.

Kelly, Kilburn, Knight,
~Iaples,
Mlller or Bullock, Mills, Mitcham, Morton, Moses, McLain, Newton,

Pate or Dooly,

Tigner,

Peyton,

Underwood,

Phillips or Jelferson, Walker or Pierce.

Rainey,

Warren,

Rankin,

Watson,

Rawls,

Welch,

Redwine, Reid, Richardson, Rogers or Hall, Shannon,

W~llborn,
West, Wise, Yates, Mr. Speaker.

The verification of the roll-call was dispensed with by una11imous consent.

On the motion to indefinitely postpone,_the ayes were 31,

nays

/-W
1 P.

The motion was therefore lost.

On agreeing to the report of the committee, the previous question was called, and the main question ordered.
The report of the committee, which was favorable to the passage of the bill, was agred to.

On the passage of the hill the ayes and nays were ordered.

On taking the ballot viva voce, the vote was as follows:

Those voting in the affirmative were Messrs.-

Alexander, Almond, Arnold, Ayres, Baldwin, Bell or Emanuel,
Bla~kburn,
Bowen, Bower,

Brock, Brown, Buchannon, Burton, Bush, Calvin, Cann, Conner, Cook,

Crumbly, Daves, Davis, Dozier, Dunbar, Edwards, English, Rnnls, Felder,

TUESDAY, DECEMBER 9, 1902.

M7

ll'ields,

Lanier,

Proctor,

Flynt,

Leigh,

Rawls.

.l!'oster or Oconee, Lowe,

Rice,

.l!'ranklin,

Mann,

Ridley,

George,

Martin,

Rogers of Mcintosh,

Glenn,

Mayson,

Roper,

Hardeman,

Miller of Muscog~>t, Shackelford,

Harden,

Moses,

Slaton,

Hawes,

Mulherin,

Stanford,

Hayes,

McBride,

Steed of Carroll,

Hixon of CatTOll, McCurry,

Steed of Taylor,

Hixon of :Sumter, Owen,

Stovall,

Holder,

Overstreet,

Strldnand,

Houston,

O'Quinn,

Thompson,

Howard or Baldwin, Parker,

Thurman,

Hutcheson,

Pate of Dooly,

Underwood,

Tohnson of Baker, Pate of Gwinnett, Warren,

Jones or Dougherty, Paulk of Coiiee, Wellborn,

Jones of l'ickens, Paulk of Irwin, Whitley,

Kelly,

Phillips or Jeiierson, Wilson,

Kent,

Phillips of Quitman, Womble,

Knowles,

Those voting in the negative were Messrs.-

Adams, Alford, Beauchamp, Buchan, Butts,
Carr, Carswell, Cllatt, Cromartie, Duckett, Duggan, Fussell, Grice,

Uritlin, Han, Hendry, Howell, Lane, Lawrence; Little, Mitchell, Mizell, McElmurray, McHenry, McHae, Nisbet,

Preston, Hankin, Hicllardson, Rogers of Hall, Rountree, Sn 1Hle1s, Singletary, Spence, Stewart, 'l'racy, Valentine, wooten,

Those not voting were Messrs.-

Akin, Beall,

Bell of Milton,

Boy kin,

Booth,

Brinson,



858

]OURNAL OF THE HOUSE.

Bruce,

.Johnson of Clinch, Hainey,

Candler,

Johnson or Crawford,Hedwine,

Carrington,

Kendrick,

Heid,

Davison,

Kilburn,

Shannon,

.Deal,

Knight,

Tigner.

Derrick,

Maples,

'Valker of Monroe,

lJvn ni4,
F'lani~nn,

l\liller of Bullock, "'alker of Pierce,

Mills,

'Vatson,

Foster of '!'owns, Gaulden, Grenade, Henry, Hick>:,

Mitcham, Morton, JIIcLain, Newton, l'eyton,

'Velch, West, 'Vise, Yates, Mr. Speaker.

Howard of Laurens,

The roll-call waR verified and on passage of the bill it wa~ found that the ayes were 00, nays 38.

The bill having rccciw(l tho requisite constitutional majority, was passed.

On motion of l\rr. Hixon the bill was ordered immediately transmitted to the Senate.

Tlw hmn of arljonrnnwnt. lwving arrived the Speaker dPclarod the House adjonrncd until 8 o'elock to night,

8 O'clock p.m.
The Honse rocomened at this hour and was called to order by the Speaker.
On motion of :1\fr. :Fcl(lcr of Bibb, tho call of the roll was dispcnsed with.
The following resolutions "ere read, to wit:

'l'UESDAY, DECEMBER 9, 1902.

859

By 1\fr. Hawes of Elbert-

A resolution providing for a committee to investigate the Deaf and Dum Asylum during the vacation of the leg islature, and to pay such committeemen $4.00 per diem and railroad expense.

The resolution was ordered to lay over for one day.

By :Mr. Gri.ce of Pulaski-

A resolution fixing the order of business for to-night's
SCSSIOll.

Onlered to lay over for one clay.

By ~Ir. Grice of Pulaski-

A resolution limiting debate on all local matters to ten minutes to each side.

The above resolution was adopted.

:Mr. Hawes of Elbert, in accordance with his previou:> notice, moved to reconsider the action of the House in not pas~ing ITouse bill No. 74, which was a bill to appropriate $20,000 to the Deaf and Dumb Institute. The motion to reconsider prevailed.

}f r. Slaton, chairman of the General J-udiciary Committee, submitted the following report:

Mr. Spealcer:

The General Judiciary Committee have had under con-

sideration the following Senate bills, and instruct me, as

their chairman, to report the same back with the recommen-

dation that they do pass, to wit:

'

860

]OURNAL OF THE HOUSE.

A bill to repeal an Act authorizing the Governor to appoint an agent to look after the property of the State along theW. & A. R. R.

A bill to provide for the payment of costs and fees in cases in which services are performed by special criminal bailiffs.

A bill to amend section 691 of volume 3 of the Code.

A bill to amend section 2017 of volume 2 of the Code.

Also, the following Senate bill with the recommendation that it do not pass, to wit:

A bill to suppress the evil of keeping gaming houses. Respectfully submitted.
JOHN ~I. SI,ATON, Chairman.

On motion of Mr. :Mitchell of Thomas, the afternoon session wa~ extcn(led for the special purpose of reading Senate bills for first and second time, and House bills for second rending.

The fo11owing re8olution was read and adopted, to wit:

By :Mr. Hardeman of Jackson-

A resolution memorializing Senators and Representatives in Congress to urge upon the United States Drainage and Irrigation Department a preliminary investigation to determine \Yhether or not irrigation and drainage can be applied so as to prevent injnry to lands in Georgia.

The Speaker announced the following special committee to frf(me a measnre rearranging the counties of this State into Judicial Circuits, to wit:

TuESDAY, DECEMBER 9, 1902.

861

:Messrs. Grice, Hall, Akin, Boykin, Mitchell, Slaton, Shackelford, Ridley, Wellborn.
The following bill, which was reconsidered on yesterday, was again read, to wit:
By :M:r. Sanders of Heard-
A b~ll to amend section 982, volume 1 of the Code, so as to make Hogansville a State depository.
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 65, nays 40.
The bill having failed to receive the requisite constitutional majority was lost.
The following bills were read the third time and put upon their passage, to wit:
Dy Mr. Knight of Berrien-
A bill to establish the district court of the city of Tifton, 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 106, nays 1.
The bill having received the requisite constitutional majority was passed.
By 1\Ir. Glenn of Whitfield-
A bill to create and maintain a dispensary in the city of Dalton, nnd for other purposes.

862

JouRNAL oir THE HousE.

The unfavorable report of the committee was disagreed to.
On passage of the bill the ayes were 92, nays 18.

The bill having received the requisite constitutional majority was passed.
On motion of .Mr. Glenn, the bill was ordered immediately tram;mitted to the Senate.

By .Mr. :Mulherin of Richmond-
A bill to amend the charter of the city of Augusta, relntive to the levying of a commutation tax, and for other purposes.

The committee offered a substitute :for the above bill, which was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On pa~sage of the bill the ayes were 100, nays 1.
The bill having received the requisite constitutional majority was passed by substitute.
On motion of ).fr. Rogers of Hall, House bill No. 374 was tabled.
::\Ir. ~fcCnrry of Hart, chairman of the Committee on Public J,ibraries, submitted the :following report:
Mr. Speaker:
The Committee on Pnhlic I~ibrarics haYe had under considNation the fcllmYing S<'natc hill and instrnct me, as chairman, to report the same back to the House with recnn:meiHlatinn that it do pas:<.

TUESDAY, DECEMBER 9, 19Q2.

863

A bill to be entitled an Act to amend the school laws of the State hy setting aside funds or libraries in schools; to provide the method o selection o said libraries and the
. care o the sa~e. Respectfully submitted.
J ur.IAN B. :McCuRRY, Chairman.

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

By }\fr. Comas o the 3d district-

A bill to regulate the sale o mortgaged property under pnH~1' o sale.
Referred to General Judiciary Committee.

By :Mr. Sweat o the 5th district-
A bill to establish dispensaries in the county o Coffee, Hml or other purposes.

Referred to Committee on Corporations.

:By 1\fr. Sweat o the 5th district-

A bill to amend an Act to establish the city court o Douglas, and or other purposes.
Referred to General Judiciary Committee.

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

By ~[1. Tisinger of tho 25th district-
A bill to amend section G!ll, volume 3 o the Code, by striking certain words, and or other purposes.

864'

]OURNAL OF THE HOUS:S.

By :M:r. Comas of the 3d districtA resolution authorizing the burning of calcelled bonds.
By :Mr. Comas o the 3d district-

A bill to repeal an Act to authorize the Governor to appoint an agent to look after the State's property in Tennessee.
By 1\Ir. Perry o the 33d district-

A bill to amend the school laws o this State.
By Mr. Howell o the 35th district-
A bill to amend section 2017, volume 2 o the Code, relative to granting o corporate powers, etc.
By J\fr. Comas o the 3d district-
A bill to prescribe rules which shall govern in the transportation of the dead.
Uy }Jr. Comas o the 3d district-
A bil1 to amend section 1541, volume 1 o the Code, relative to petitions, etc.
By Mr. Howell o the 35th district-
A resolution to authorize the Brumby :Memorial Association to erect a monument on Capitol grounds.

By }[r. Perry o the 33d district-

'

A resolution requesting the Senators and Representatives in Congress to have the United States reimburse this State for certain Indian war claims.

TUESDAY, DECEMBER 9, 1902.

&65

By Mr. Perry of the 33d district-
A bill to pay costs and fees in certain cases.
By Mr. Clark of the 14th district-
A bill to incorporate the town of Chester.
By Mr. IIud~>on of the 13th district-
A bill to amend the charter of the city of Americus.
By Mr. Christie of the 11th districtA bill to create a system of public schools in the city of
Fort Gaines.
By Mr. Van Buren of the 21st district-
A bill to repeal an Act to reduce the salary of the treasurer of the couuty of Wilkinson. By Mr. Lee of the 44th district-
A bill to authorize the Governor to require the attorneygeneral to pcrforn1 without compensation the duties of the special attorney of theW. & A. R. R. By !fr. Hightower of the Dth district-
A bill to amend an Act to incorporate the town of Newton. By :Mr. Park of the 37th district-
A bill to amend an Act to establish a dispensary in the city of LaGrange. By J\fr. Tisinger of the 25th district-
A hill to incorporate the town of Atwater.
55 h j

.866

JOURNAl. OF THE HOUSE

By :M:r. Clements of the 15th district-

A bill to authorize the prison commission to lease felony convicts for fiYe years.

The following bills were read the scond time, to wit:

By Messrs. Houston, Harden and Hardeman-

A resolution urovidin2 for the erection of a monument

of Alex. H. Stephens and Crawford W. Long in the Statu-

ary Hall at Washington, D. C.



By )lr. Shackelford of Clarke-

A bill to appropriate $25,000 to the trustees of the State University.

By Mr. Davidson of Greene-

.A resolution authorizing the treasurer to transfer from one class to another, pension fnnds in certain cases.

By :l\Ir. Spence of Ware-

A resolution to pay pension of .T. E. Butler.

By :Mr. Fields of Dooly-

A bill to amend an Act concerning 1he election la\\'s of Cordele.

By Mr. Spence of Ware-
A bill to amend an Act to reincorporatc the tmm of Way cross.

B,v )rr. Cann of Chatham-A resolution to pay Bradford L. Gilh0rt $1,000.

TUESDAY, DECEMBER 9, 1902.

867

By Mr. Carr of Newton-

A bill to incorporate the town of Mansfield.

By Mr. Calvin of Richmond-

A bill to amend section 1384, volume 1 of the Code, relatiYe to the agricultural department.

By Mr. Knight of Berrien-

A resolution for the relief of E. A. Buck.

By :Messrs. Hawes and Stovall-
A bill to preserve certain Revolutionary, Colonial and Confederate records.

By :Mr. Houston of Fulton-

A bill to give the recorder's courts in certain cities the power to commit minors to reformatories.

By Mr. :M:itcham of Clayton-
A bill to remove obstructions from the streams of Cla:yton county.

By l\1r. Mills of Cherokee--

A hill to amend section 821, volume 1 of the Code, rel-
ative to issuing of fi. fas.

By :M:r. Calvin of Hichmond-

A bill to amenJ section 453, volume 3 of the Code, which defines vagrancy.

868

JOURNAL OF THE HOUSE.

By .Mr. Peyton of HabershamA bill to amend an Act to incorporate the city of Toccoa.
By :Mr. \Yelch of GilmerA bill to incorporate the town of East Ellijay.
By J\fr. \Vooten of ~fontgomeryA bill to repeal an Act to create the city court of Mt.
Vernon. By J\Ir. H ntchcson of Haralson-
A bill to nmend an Aet to create a new charter for the city of Tallapoosa. By 1I r. Steed of Taylor-
A resolution to appropriate $100 to each member of depot commission. By 1\fr. Singlet.ary of Thomas-
A bill to incorpora tc the Hopeful school district.

The above bill was read the secoml time and recommitted.

The following resolutions were read and referred to the Cmmuittce on Hulc!':, to wit:

By Mr. Brock of Dade-

A resolution making Senate bill No. 68 the special and coutinnons order of business immediately after confirmation of ,J 0urnal.

TuESDAY, DECEMBER 9, 1902.

869

By :3ir. Howard of I.aurens~

A resolution fixing House local bills the special continuing order for Wednesday immediately after confirmation {)f the .Journa1.
By :Mr. Stovall of Chatham-
A resolution fixing House bill No. 121 the special order for Wednesday, December lOth, at 11 o'clock a.m.
Ry 1\fr. Steed of Carroll-
A resolution fixing House bill No. 27 the special order afl:er tbe confirn:ation of the .Journal on December lOth.
By M:r. Mulherin of Richmond-
A resolution making Senate bill No. 81 the special order for Wednesday, December lOth, after reading of ths .T ournaL

By :Mr. Shackelford of Clarke-
A resolution fixing House bill No. 93 special order for Wednesday immediately after confirmation of the .Journal.

By M:r. George of Morgan-
A resolution fixing House bills Nos. 288 and 315 the special order for \Vednesday afternoon, December lOth, immediately after the call of the roll.

The :following bills were read the third time and put upon their passage, to wit:

870

]OURNAL OF THE HOUSE.

By Mr. Shackelford of Clarke-

A bill to cede to the United States jurisdiction over certain lnnd in the citv of Athens. 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.

The bill having received the requisite constitutional majority was passed.

By :Mr. Conner of Bartow (by request)-

A bill to protect fish in the streams of B!lrtow county.

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.

The bill having received the requisite constitutional majority was passed.

By :Mr. Hayes of Macon-

A bill to amend an Act to create a system of public schools for the town of Marshallville.

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.

The bill having received the requisite constitutional majority was passed.

TUESDAY, DECEMBER 9, 1902.

871

By l\fessrs. Harden, Cann and Stovall of Chatham-

A bill to fix the time of holding the election of all officers of certain incorporated cities.

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

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.

The bill having received the requisite constitutional majority was passed.

By Mr. Jones of Pickens-

A bill to authori?.e the mayor and council of Jasper to issue bonds.

'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.

The bill having received the requisite constitutional majority was passed.

By Mr. Wooten of Calhoun-

A bill to incorporate the city of Vidalia.

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.

The bill having received the requisite constitutional majority was passed.

872

]OURNAI., OF THE HOUSE.

By :1\fr. George of :Morgan-

.A bill to provide for the removal of obstructions from the streams of Morgan county.

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

On pasRage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

On motion of :lVIr. Almond of Rockdale, the Senate amendment to bill K o. 248 was disagreed to.

The Senate amendments to House bill No. 329 were concurred in.

The hour of adjournment having arrived, the Speaker announced the House adionrned until 9 o'clock to-morrow morning.

Atlanta, Georgia, Wednesday, December 10, 1902.
The House met pursuant to adjournment at 9 o'clock a.m. this day ; was called to order by the Speaker and opened with prayer by the Chaplain.
The roll was called and the following members answered to their names :

WEDNESDAY, DECEMBER 10, 1902.

873

Adams, Akin, Alexander, Alford, Almond, Arnold, Ayres, Baldwin, Beall, Beauchamp, Hell or lilmanuel, Hell of Milton, Blackburn, Booth, How en, Bower,
Hoykln, t.lrinson, Hrock, Brown, Bruce, Buchan, Huchannon, Burton, Hush, Butts, Calvin, Candler, Cann, Carr, Carrington, Carswell, Cliatt, Conner, Coo'K, Cromartie, Crumbly, Daves, Davis, Davison, Deal, Derrick,

Dozier,

Kelly,

Duckett,

Kendrick,

Duggau,

Kent,

Uunbar,

Kilburn,

Edwarl.ls,

Knight,

l!lnglish,

Knowles,

l!lnnls,

Lane,

Evans,

Lanier,

!''elder,

I~awrence,

l'ietas,

Leigh,

Flanigan,

Little,

l'lynt.

Lowe,

l<'oster or Oconee, l\lann,

l<'oster of Towns, Martin,

t<'ranklln,

Mayson,

l<'usseu,

Miller of Hnllock,

Gaulden,

l'.1iller or Muscogee,

George,

Mllis,

Glenn,

Mitcham,

Grenade,

Mitchell,

Grice,

Mizell,

Gritttn,

Morton,

Hall,

Moses,

Hardeman,

Mulherin,

Harden,

McBride,

Hawes,

McCurry,

Hayes,

Mclillmurray.

Hendry,

McHenry,

J:Ienry,

McLain,

Hicks,

McHae,

Hixon of Carroll, Newton,

Hixon of Sumter, Nisbet,

Holder,

Owen,

Houston,

Overstreet,

Howard of Baldwin, O'Quinn,

Howard of Laurens, Parker,

Howell,

'Pate of Dooly,

Hutcheson,

Pate of Owlnuett,

.Tohnson of Baker, !'aulk of Cofl'ee,

Johnson of Clinch, Paulk or frwln,

Jones of Dougherty, Peyton,

Jones of Pickens, Phillips of Jefl'erson,

874

]OURNAL OF THE HOUSE.

Phillips of Quitman, Shackelford,

Preston,

Shannon,

Proctor,

Singletary,

Rainey,

Slaton,

Rankin,

Spence,

Rawls,

Stanford,

Hedwine,

Steed of Carroll,

Reid,

Steed of 'l'aylor,

Rice,

Stewarc,

Nichardson,

Stovall,

Ridley,

Strickland,

Rogers of Hall,

Thompson,

Rogers of Mcintosh, Thurman,

Roper,

Tigner,

Rountree,

Tracy,

Sanders,

Underwooa,

Valentine, walker of Monroe, Walker of Pierce, Warren, Watson, 'Velch, Wellborn, "\Vest. Whitley, Wilson, Wise, Womble, Wooten. Yates. l\lr. Speaker.

Those absent were Messrs.-
Johnson of Crawfora, Maples,

Mr. Flanigan of Gwinnett, reported that the Journal of. yesterday'a proceedings had been examined and found correct.

The Journal was read and confirmed.

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

By Mr. Calvin of Richmond-

A resolution making House bills Nos. 109, 110, 269 the special order for to-day, immediately after the reading of the Journal.

By Mr. Calvin of Richmond-
A resolution limiting debate on all local matters to ten minutes.

WEDNESDAY, DECEMBER 10, 1902.

875

The above resolution was adopted.

Mr. Morris, chairman ex o.fficio of the Committee on Rules, submitted the following report :

Mr. Speak:cr:
The Committee on Rules respectfully report back resolutions with recommendation that local and special bills be special order Wednesday morning from immediately after confirmation of the Journal to 11 o'clock a.m.
N. A. MoRRIS, Chairman ex officio.

The following bills were read the third time and put upon their passage, to wit :

By Mr. Houston of Fulton-

A bill to give the recorders' courts in cities of 85,000 inhabitants the power to commit minors under 16 years of age to county reformatory, 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.

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

By Mr. McLain of Cobb-

A resolution for the relief of the Western & Atlantic Railroad Company, and for other purposes.

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

876

JOURNAL OF THE HOUS:S.

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.
The following message was received from the Senate through Mr. N orthen, the Secretary thereof:

_Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following J)ills of the Honse, to wit:

A bill to reduce the salary of the judge of the city court of Elberton from $1,500 to $1,200 after January 1, 1905, and for other purposes.

A bill to regulate the practice injustice courts in cities of 75,000 or more inhabitants, and for other purposes.

A bill to repeal the Act creating an advisory board of commissioners for the counties of Laurens and Glascock, and for other purposes.
A bill to codify the various acts incorporating the city of Forsyth in Monroe county, and for other purposes.
A bill to authorize the mayor and council of the town of Tybee to close certain land and to convey certain land to the United States, and for other purposes.
A bill to authorize the mayor and council of Washington, Ga., to sell certain real estate belonging to said city.

A bill to amend the charter of the town of Sylvania by making it the city of Sylvania, and for other purposes.

WEDNESDAY, DECEMBER 10, 1902.

877

A bill to incorporate the town of Morganton in the county of Fannin.

A bill to amend the Act creating the county court of Berrien, and for other purposes.
A bill to incorporate the town of Canon in the counties of Hart and Franklin, and for other purposes.
A bill to establish the city court of Sylvania in Screven county, and for other purposes.
A bill to amend the charter of the Fairburn Banking Company, so that a person owning five shares may be eligible as a director.

The following message was received from the Senate, through Mr. Northen, the Secretary thereof:
Mr. Speaker :

The Senate has passed as amended by the requisite constitutional majority the following bills of the House, to wit:
A bill to amend an Act approved December 8, 1889, providing for the employment of inspectors of roads and bridges for counties of more than 75,000 people, and for other purposes.

A bill to create a new charter for the town of Lumpkin in Stewart county, and for other purposes.

A bill to create a new charter for the town of Richland in Stewart county, and for other purposes.

878

JOURNAL OF THE HOUSE.

The Senate has also passed, as amended, by the requisite constitutional majority, the following resolution of the. House, to wit:

A resolution to appropriate the sum of $15,000 for the purpose of making necessary repairs on the Capitol building.

The Senate has failed to pass the following bills of the House, to wit:

A bill to establish a county court for Wilkes county, and to repeal the Act establishing the city court of Washing ton.

A bill to prohibit the building or use of unlawful fences in Camden county.

The undersigned, members of the Committee on Special Judiciary, submitted the following minority report:

.~.tlr. Speake?':
The Special Judiciary Committee has had under consideration House bill 38:3, to abolish the city court of Dublin in the county of Laurens, and reported back same with recommendation that it do pass.
We, therefore, beg to submit this minority report upon the following grounds :
1st. That the grand jury, the board of roads, revenue commissions of Laurens county, the bar association of Dublin, the mayor and councilmen of Dublin, every bank and business house except four in the city of Dublin, as well as a great number of the leading taxpayers, have petitioned the House to vote said measure down.

WEDNESDAY, DECEMBER 10, 1902.

879

2d. Beaause the bill was considered by only a minority of the members of the Special .Judiciary, late at night, when the members of said committee did not have time to discuss the measure among themselves, and we recommend the bill do not pass.

Respectfully submitted.

GEo. M. CoNNER,
s. E. BALDWIN.

The next bill for a third reading was

By Messrs. Hicks and Howard of Laurens-
A bill to repeal an Act to create the city court of Dublin.

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

The previous question was called and the main question ordered.

On the passage of the bill, Mr. Hicks of Laurens, called for the ayes and nays, which call was sustained, and on taking the ballot viva voce, the vote was as follows :

Those voting ir1 the affirmative were Messrs.-

Akin, 1\.lexander, Almond, Ayres, Baldwin, Beall, Beauchamp, Bell of Milton, Blackburn,

Booth, Brinson, Brown, Buchan, Buchannan, Burton. Butts, Carswell, Cook,

Crumbly, Davison, Deal, Derrick, Dozier, Duckett, Dunbar, English, Fields,

880

JOURNAL OF THE HOUSE.

~'Ianlgan,

Lane,

Proctor,.

Fostt'r or Oconee, Lanier,

Rankin,

Foster or 'l'owns, Lawrence,

Hedwine,

Franklin,

Leigh,

ltice,

l<'ussell,

Lowe,

Ridley,

Gaulden,

1\Iann,

Rogers of Hall,

George,

Martin,

Rogers of Mcintosh,

Gle:nn,

Mayson,

Roper,

Grenade,

l\lills,

Rountree,

Grice,

Mitcham,

Sanders,

Grittln,

1\1 itchell,

Shackelford,

Hall,

1\lizell,

Shannon,

Hardeman,

Morton,

Singletary,

Hayes,

McBride,

Slaton,

Hendry,

McCurry,

Spence,

Henry,

McElmurray,

r!tanford,

Hicks,

!lfcHenry,

Steed of Carroll,

Hixon of Carroll, McLain,

Stewart,

Holder,

Mc-Hae,

Thompson,

Houston,

Newton,

Thurman,

Howard of Baldwin, Nisbet, Howard of Laurens, 0Yerstreet,

f-Tigner, .rracy,

Howell,

O'Quinn,

Underwood,

Johnson of Cllnch, Pate of Dooly,

Valentine,

Jones of. Dougherty, Pate of Gwinnett, Walker of Monroe,

Jones of Pickens, Paulk of Col'l'ee,

Whitley,

Kelly,

Paulk of Irwin,

Womble,

Kendrick,

Peyton,

Wooten,

Kilburn,

Phillips or Quitman, Yates,

Knight,

Those voting in the negative were 1fessrs.-

Bush, Cllatt, Conner, Ennis,

Harden, 1\Iiller of Muscogee, Mulherin, Richard!lon,

Stovall, 'Vanen, 'Vellborn,

Those not voting were !fessrs.-

Adams, Alford,

Arnold, Bell of Emanuel,

Bowen, Bower,

WEDNESDAY, DECEMBER 10, 1902.

881

Boykin, Brock, Hruce, Calvin, Candler, Cann, Carr, Carrington, Cromartie, Daves, Davis,
Duggan,
I<Jdwards, I<.: vans, l<'elder,

Flynt,

Phillips of JeiTerson,

Hawes,

Preston,

Hixon of Sumter, Rainey,

Hutcheson,

Hawls,

.Johnson of Haker, Heid,

.Johnson or Crawrord,Steed or 'l'aylor,

Kent,

Stricldan~,

Knowles,

'Yalker of Pierce,

Little, .\lap!es,

"'atson 'Velch,

l\1 iller of Bullock, West.

l\Ioses,

Wilson,

Owen, Parker,

" 7ise, :\Ir. Speaker.

On motion of Mr. Slaton of Fulton, the verification of the roll-call was dispensed with.

On the passage of the bill the ayes were 115, nays 11.
The bill having recehed the requisite constitutional majority, was passed.

Mr. 'Yarren of Emanuel, gave notice that at the proper time he would move to reconsider the action of the House had on the above bill.

Mr. Franklin moved that the House im1.1,1ediately reconsider its action in passing the above bill.

The Speaker ruled that the motion to reconsider at this time was out of otder.
The following message was recAived from the Senate through 1\Ir. Northen, the Secretary thereof:

"" b j

882

JOURNAL OF THE HOUSE.

Mr. Speaker:

The Senate has passed the following Senate resolution,. by a requisite constitutional majority, to-wit:

A resolution to be entitled a resolution to inquire intothe present city and county adoptions of text books in State of Georgia; to investigate the operations of laws in States that have enacted a uniformity measure, and for other purposes.

The Senate has passed the following Senate bills by a requisite constitutional majority, to wit :

A bill to be entitled an Act to amend an Act to amend section 752 of Penal Code, and for other purposes.

A bill to authorize street or suburban railroads in this State to increas~ their capital stock, and for other purposes.

A bill to authorize street or suburban railroads to extend its road into an adjoining State, and for other purposes.

Also, the Jollowing House bill as amended:

A bill to be entitled an Act to establish the city court of Wayuesboro, and lor other purposes.
The following resolutions were read and referred to the committee on rules, to wit :

By Mr. George of .Morgan-
Hesolved, That the session this morning be extended from 1 p.m. until bills Nos. 383 and 3R4 shall have been disposed of.

WEDNESDAY, DECEMBER 10, 1902.

883

. By Mr. Whitley of Douglas-

Resolved, That House Bill No. 361 be included in the special order for local bills.
The following resolution was introduned and referred to the committee on rules without being read, to wit:
By Mr. Davidson of Greene-
ReEolved, That the privileges of the floor be extended R. L. McWhorter during his ~tay in the city.

The next bill for a third reading was

By Messrs. Hicks and Howard of Laurens-
A bill to create the city court of Dublin in and for the county of Laurens.
The report of the committee which was favorable to the passage of the bill was agreed to.

Mr. George of Morgan, called for the previous question which call was sustained and the main question ordered.
On the passage of the bill Mr. Hicks called for the ayes and nays, which call was sustained and on taking the ballot viva voce the vote was as follows :

Those ,oting in the affirmative were :Messrs.-

Almond, Arnold, Ayres, Beall, Bell or Milton,

Blackburn, Boy kin, Brinson, Brown, Bruce,

Buchan, Buchannon, Burton, Butts, Carswell,

884

JOURNAL OF THE HOUSE.

Cliatt, Conner, Cook, Cromartie, Cruwt>Jy, ,Daves, Davison, Deal, Dozier, Duggan, Dunbar, }!]nglisll, Fields, Foster of Oconee, li'oster of Towns, Franklin, l<'ussell, Gaulden, George, Glenn, Grenade, Grice, Griffin, Hardeman, Henry, Hicks, Hixon of Carroll, Hixon of Sumter, Holder, Houston,

Howard of J,amens, l'arker,

Howell,

Pate of Dooly,

J olmson of Baker, Pate of Gwinnett,

J ollnson of Clincll, l'aul!;: of Uotree,

Jones of Dougllerty, l'aulk of lrwin,

Ecndrick,

Phillips of Quitman,

Kilburn,

l'roetor,

Lane,

Hainey,

Lanier,

Hankin.

Lawrence,

Hell wine,

Lt'igIl,

Hice,

Little,

Rogers of Hall,

Lowe,

Hogers of l\lc Lntosll,

l\Iann,

Hoper,

::\Iartin,

Sanders,

:\layson,

Shackelford

l\liller of .Hulloclt, Slaton,

~Iills,

Spence,

:\1 itcham,

Stanford,

1\litchell,

Steed of Carroll,

~lorton,

Thompson,

1\IcHride,

Tig-ner,

:\IcCurry,

'l'rac>y,

l\Icglmurray,

Underwood,

:\IeLain,

Walker of Monroe,

!\ewton,

whitley,

Nisbet, OYPrstreet, O'Quinn,

"'omhle, \Yooten,
Yates.

Those voting in the negative were :Messrs.-

Alford, Baldwin, Beauchamp, Carrington, }!]nnis,

Hall, Hendry, Jones of Pickens, :\Iizell, l\Iulllerln,

l\lcllenry, Hicilar<lson, \Yanen, "'plli.Jorn, Wilson,

Those not voting were ::M:essrs.-

Adams, Akin,

Alexander, Bell of l!lmanuel,

Booth, Bowen,

WEDNESDAY, DECEMBER 10, 1902.

885

Bower,
Brock, Bush, Calvin, Candler,

Hayes,

Heid,

Howard of Baldwin, Hidley,

Hutcheson,

Hountree,

.Johnson of Urawrord, Shannon,

Kelly,

Singletary,

Unnn, Carr, Davis. Derrick, Duckett, Edwards,
Evnns, Felder, Flanigan, l<'lynt, Harden, Hawes,

Kent,

StC'ecl of 'l'aylor,

Knight,

Stewart,

Knowles,

Stovall,

;\Iaplcs,

Srriekland,

l\Iiller of l\1 uscogee, Thurman,

l\foses,

Yalentine,

l\fcHae,

'Valker of Pierce.

Owen,

"'atson,

Peyton,

Welch,

Phillips of Jetl'erson, West.

Preston,

'Vise,

nawls,

1\Ir. Speaker.

The roll call was verified and it was found that on the passage of the bill the ayes were 103, nays 15.

The bill having received the requisite constitutional majority was passed.

On motion of Mr. George of Morgan, the bill was ordered immediately transmitted to the Senate.

Mr. Steed, chairman of the Penitentiary Committee submitted the following report :

Mr. Speaker:
The Penitentiary Committee, through sub-committees, have visited the various prison camps in the State, except as noted below, and found same in good condition and being conducted in conformity to the rules and regulations prescribed for their government by the prison commission Buildings good, clothing ample, diet plentiful and sanitary conditions all that should be expected.

886

jOURNAL OF THE HOUSE,

We heard no complaints of harsh or cruel treatment, the convicts being treated with uniform kindness. Our examination into the department convinces us that it is conducted on strict business principles, and the appropriation made by the General Assembly economically expended.
One evidence of the care exercised by the commission in this regard, is the decreased appropriation asked for another year.
The camps at Jakin and Donaldsonville were not visited, on account of illness of the chairman of the sub-committee delegated to inspect those camps.
These will be visited immediately after adjournment of the General Assembly, and a supplementary report filed.
Respectfully submitted,
WALTER E. S'l'EED, Chairman.

Mr. Wellborn, chairman of the Committee on Enrollment, submitted the following report:
Mr Speaker:

The Committee on Enrollment report as properly enrolled, duly signed and ready for delivery to the Govetnqr the following Acts, to wit :

An Act, to incorporate the Vega school district 111 Pike county.
Also, an Act to amend section 670 of the Code of 1895.

Also, an Act to amend an Act regulating the catching of oysters and fish from the public waters of this State.
Also, an Act to amend the Act creating a dispensary in Pulaski county.

WEDNESDAY, DECEMBER 10, 1902.

887

" Also, an Act prohibiting the manufacture of intoxi(Jating liquors in Douglas county.

Also, an Act, to amend section 573 of Code of 1895.

Also, an Act to repeal an Act to incorporate the city of Tifton, Ga.

Also, an Act requiring bond before seeking writ of certiorari in certain cases.

Also, an Act authorizing clerks of city courts to appoint deputy clerks.
Also, an Act to incorporate the town of Pineview in Wilcox county.
Also, an Act to repeal the charter of the town of Statesboro.
Also, an Act to repeal an Act to provide for the appli{Jation of public school funds to the Douglasville college.
Also, an Act to cede to the United States jurisdiction over public road approaches to Chicamauga National Park.
Also, an Act to amend the Acts incorporating the city of Sandersville.
Also, an Act to authorize the town of Palmetto in Campbell county to issue bonds for school purposes.
Also, an Act to amend section 1 of an Act establishing the police court of the city of Savannah.

Also, an Act to amend section 982 of Code of 1895. Respectfully submitted,
C. J. WELLBORN, Jr., Chairman.

888

joURNAL OF THE HOUSE.

The next bill for a third reading was
By Mr. Singletary of Thomas-
A bill to incorporate the Hopeful school district in the county of Thomas, and for other purposes.
The report ot.the committee, which was favorable to the passage of the bill, was agreed to.
On passage of tbe bill the ayes were 9l), nays 0.
I
The bill having receive<! the reqni.~ite congtitutional majority was passed, and on motion of ~lt. Singletary, the same was ordcre<l immediately transmitted to the Senate.

By Mr. Howard of Baldwin-
A bill to establish and maintain a <lispcnsary in the city of Milledgeville, Ga., 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.
'l'he bill having received the requisite constitutional majority was passed, and on motion of the author, w~s onlered immediately transmitted to the Senate.
The following Senate bill was taken up, read the thil'Cl time, and put upon itt> passage, to wit:

By Mr. Merritt of the 20th District-
A bill to reorganize the military forces of this tltate, 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 104, nays 1.

WEDNESDAY, DECEMBER 10, Hl02.

889

The bill having received the reqni'5ite constitutional majority was passed.
Mr. Shackelf())'(], chairman of the Committee on Corporations, submitted the following report:

lJfr. Speaker:
The Committee on Corporations have had nndet consideration Senate Bill No. 102, by l\Ir. Sweat of the 5th district, a bill to be entitled an Act to establish dispensaries for Coffee county, and authorize me, aR theit chairman, to report the same back to the Honse with the recommendation that the same do pass.
Respectfully submitted. THos. J. SuACKELForw,
Chairman Committee on Corporations.

The following Senate resolution was read the first time, to wit:

By Mr. Park of the 37th District-
A resolution providing that the present system of adopting county and city text- books be inqnired into.
Referred to Committee on Education.
Mr. Franklin of washington, renewed his motion that the House reconsider its action in pa"'sing, at this morning's session, the bill to repeal an Act to create the city court of Dublin.
The Ohair again ruled that the motion could not be considered at this time.
Mr. Franklin then appealed from the decision of the Chair.

890

JoURNAL OF THE HOUSE.

Before the appeal could be put the Chair stated that while a motion to reconsider at this time could not be entertained, a motion to suspend the rules of the House for the purpose of bringing about a reconsideration would be in order.
Before the appeal could be put to the House the hour of adjournment arrived and the Speaker declared the House adjourned until 3 o'clock this afternoon.

3 O'clock p.m.
The House reconvened at this hour and was again called to order by the Speaker.
On motion of Mr. Flynt the call of the roll was dispensed \Vith.
At the time of adjournment this morning Mr. Franklin had entered au appeal from the decision of the Chair, in ruling that a motion could not he made to reconsider on the same day on which the action of the House took place.
The Chair stated, however, that he would entertain a motion to dispense with the rules of the House for the purpose of bringing about a reconsideration.
Mr. Franklin then withdrew his appeal, and moved that the rules be suspended for that purpose.
Mr. George made the point of order that it would not be necessary to suspend the rules for that purpose.
The Chair then ruled that a motion to suspend the rules would have to be submitted in writing and referred to the Committee on Rules.
By unanimous consent the report of the Committee on Rules was taken up and read.

WEDNESDAY, DECEMBER 10, 1902.

891

The first section of the report was adopted. The same was as follows :

1st. Senate bills and resolutions for first, second and third reading.

The remainder of the report was tabled, on motion of Mr. Morris of Cobb.

Mr. Holder, chairmau or the Committee on Education, submitted the following report:

:Mr. Speaker:
The Committee on Education have had under consideration the following Senate resolution, and instruct me, as chairman, to report the same back with the recommendation that it do pass, to wit:
A resolution to inquire into the present city and county adoptions of text-books, and fvr other purposes.
Respectfully submitted. JNO. N. HOLDER, Chairman.

Mr. Shackelford, chairman of the Committee on Corporations, submitted the following report:

Mr. Spealcer:
The Committee on Corporations have had under consideration House Bill No. 4H, by Mr. Mann of Tattnall, a bill to amend the charter of the town of Lyons, instruct me as their chairman, to report the same back to the House with the recommendation that the same do pass.
THOS. J. SHACKELI<'ORD, Chairman Committee on Corporations.

892

jOURNAL OF THE HOUSE.

The following mes~age was receeived from the Senate, through Mr. Northen, the secretary thereof:

JJlr. Speal.:er:
Tho Senate ha~ passe<l by the reqnisitc constitutional majority the following Senate bill, to wit:

A bill to amend sections 18-!0 and 1841 of the Civil Code of 18lJ5, and fot other purposes.

The following bills which were ma<le ;;pecial continuing orders until disposed of, were read the third time, to wit :
By Mr. Gaulden of Bmoks-

A bill to be entitle<l an Act to fix a fee of $:25,000 for the sale of liquor in the county of Broob, and for other purposes.

Mr. Gaulden proposed to amend by striking out the words "twenty-five thousand" wherevet they occur, and insert in liett thereof the word;; "twelve thousand."

The amendment was adopted.

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 and nays were ordered, and on taking the ballot vivn voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, AI;: in,

Alexander, Ayres,

Beauchamp, Bell of Milton,

WEDNSDAY, DECEMBER 10, 1902.

893

Bowen, Boy kin, Brinson, Brown, Buchan, Buchannon, Burton, Bush, Butts, Candler, Carr, Carswell, Cliatt, Conner, Crumbly, DaYir:<on, Deal, Derrick, Dozier, Duckett, Duggan, Edwards,
l~nglish,
Felder, Fields, Flanigan, l'oster of Oconee, Foster of 'l'owns, l<'ussell, Uaulden, Ueorge, Glenn. Grenade, (}rice, Gritt!n,

Hall,

Owen,

Hardeman,

0Yerstreet,

Hawes,

O'Quinn,

Hendry,

Pate of Dooly,

Henry,

Pate of Gwinnett,

Hicks,

l'aulk of Coffee,

Hixon of Carroll, l'aulk of Irwin,

Holder,

Phillips of Jefferson,

Houston,

l'hillips of Quitman,

Howard of Laurens, Preston,

Howell,

l'roctor,

Johnson of Baker, Hankin,

.Tolmson of Clmch, Hawls,

.Jones of Pickens, Hedwine,

Kendriclt,

Rice,

Kent,

Itichardson,

Kilburn,

Rogers of Hall,

Knight,

Rogers of Mcintosh,

Lane,

Rountree,

Lawrence,

Shackelford,

LPig'h,

Shannon,

Little,

Singletary,

Lowe,

Spence,

Mann,

Steed of Carroll,

1\Iartin,

Steed of 'l'aylor,

~I ills,

Stewart,

1\Iitchell,

Strickland,

:\Iizell,

Thompson,

1\Iorton,

Tiltlrman,

Moses,

Walker of Monroe,

McBride,

"'ellborn,

1\Iclmmurray,

Wllitley,

:\lcLain,

Womble,

Newton,

\\'ooten.

Kisbet,

Yates.

Those voting in the negative were 1.essrs.-

Baldwin, Blackburn, Booth, Bower,

Brock, Cunn, Cn rrington, DaYis,

Ennis, l'ranklin, Harden, Hixon of ::lumter,

891

JOURNAL OF THE HOUSE.

Jones of Dougherty, ~lcCurry,

1\IIller of l\1uscogee, ~lcHenry,

:Mulherin,

Stovall,

\Vest, Wilson,

Those not voting were }.{essrs.-

Alford,

Hutclleson,

Roper,

Almond,

.Tohnson ot Crawford,Sanders,

Arnold,

Kelly,

Slaton,

Beall,

Knowles,

Stanford,

Bell of Emanuel, Lanier,

Tigner,

Bruce,

Maples,

Tracy,

Calvin,

:\Iayson,

Underwood,

Cook, Cromartie, Daves, Dunbar, Evans, Flynt, Hayes,

Miller of Bullock, :\Iitcham, ::lfcRae, Parker, Peyton, Hainey, Reid,

Valentine, Walker of Pierce, Warren, Watson, Welch, Wise, l\Ir. Speaker.

"Howard of Baldwin, Ridley,

On motion of Mr. Lane of Sumter, the verification of the roll-call was dispensed with.
On the passage of the bill the ayes were 111, nays 19.

The bill having received the requi~ite constitutional majority, was passed.

Mr. Ennis gave notice that at the proper time he would move to reconsider the action of the House in passing the above bill.

Mr. George of Morgan, moved that the bill be immediately transmitted to the Senate, which motion prevailed.
The following resolution was read, to wit :

WEDNESDAY, DECEMBER 10, 1902.

895

By Mr. Calvin of Richmond-

A resolution seeking to declare Thanksgiving Day dies non.

Mr. Miller of Muscogee, called for the prevwus question, which call was sustained and the main question ordered.

The resolution was then put to the House and lost.

Mr. Morris of Cobb, asked unanimous consent of the House that the remaining sections ot the report of the Committee on Rules be taken up to-morrow for adoption immediately after the reading of the Journal, which was granted.

The following message was received from the Senate, through Mr. Northen, the Secretary thereof:
Mr. Speaker:

The Senate has passed by the requisite constitutional majority, the following bill of the House, as amended, to wit:
A bill to be entitled an Act to make appropriations for the ordinary expenses of the executive, legislative and judicial departments of the government, payment of the public debt and the interP.st thereon, and for the support of the public institutions and the educational interests of the State for the year 1903, and for other purposes.

The following Senate bills were read the first time to wit :

896

JouRNAL OF THE HOUSE.

By 1\fr. McMichael of the 24th District-

A bill to amend sections 1840 and 1841 or the Civil Code, relati\e to banking companies, insurance companies, etc., and for other purposes.
Referred to General Judiciary Committee.

By Mr. McMichael of the 24th" District-
A bill to authorize street or suburban railroad Ci)mpanies to increase their capital 1-!tock.

Referred to Committee on Hailrnads. By Mr. McMichael of the 24lh District-

A bill to authorize street and suburban railroad companies to extend their roads into other States.
Referred to Committee on Hailroads.

By 1\Ir. Comas of the 3d District-
A bill to amend an Act to amend section 752 of the Penal Code.

Referred to Committee on General Judiciary.

The following resolution was, by unanimous consent, read the first time, to wit :

By 1\fr. Owen of Pike-

A resolution to refund $50, paid to the Secretary of State for charter of Bank at Barnesville, to E. A. Stephens.

WEDNESDAY, DECEMBER 10, 190!l.

897

Referred to Special Judiciary Committee.

The following House bills were taken up for the purpose of concurring in the Senate amendments, to wit:

By M. Crumley of Stewart-

A bill to create a new charter for the town of Lumpkin.

The Senate proposed to amend by striking out section 19 of the bill.
The Senate amendment was concurred in.

By Mr. Crumbly of StewartA bill to create a new charter for the town of Richland.
The Senate proposed to amend by striking out all of section 19.
The Senate amendment was adopted.

The hour of adjournment having arrived the Speaker declared the Honse adjourned until 8 o'clock this evening.

8 O'clock p.m.
The House reconvened at this hour and was called to order by the Speaker.
The roll was called and the following members answered to their names :
57 h j

898

jOURNAL OF THK HOUSE.

Adams,

.blngl!sh,

l\11 tchell,

Akin,

.blnnls,

Morton,

Alexander,

!'elder,

Mulherin,

Alford,

Flynt,

McBride,

Almond,

l'oster of Oconee, ~lcCul'l'y,

Arnold,

Foster or '!'owns, l\ic.bllmurray,

Ayres,

Franklin,

l\lcHenry,

Baldwin,

Fussell,

1\lr Hae,

Beall,

Gaulden,

Newton,

Beauchamp,

George,

Nisbet,

Bell or .blmanuel, Glenn,

Qwen,

Bell or Milton,

Grenade,

Overstreet,

Blackburn,

Grice,

O'Qulnn,

Booth,

Grlttln,

Parker,

How en,

Hall,

Pate or Dooly,

Hower,

Hardeman,

Pate of Gwlnnett,

Hoy kin,

Harden,

Paulk or Cotree,

Brinson,

Hawes,

Paulk or lrwln,

Brock,

Hendry,

Peyton,

Bruce,

Henry,

Phillips of Quitman,

Buchan,

Hicks,

Preston,

Buchannon,

Hixon of Carroll, Proctor,

Butts,

Hixon of Sumter, Hainey,

Calvin,

. Holder,

Held,

Candler,

Houston,

Hlce,

Cann,

Howard of Baldwin, Hichardson,

Catr,

Howard or Laurens, Hidley,

Carrington,

Howell,

Hogers of Hall,

Carswell,

Johnson of Baker, Rogers of Mcintosh,

Cllatt, Conner,

r ." Jones of Dougherty, Hountree,

,. :1 Kelly,

Sanders,

Cook,

Kent,

Shackelford,

Cromartie,

... , Knight,

Shannon,

Crumbly,

Lane,

Singletary,

Daves,

Leigh,

Slaton,

Davis,

Little,

Spence,

Davison, Deal,

','' l'~'Lowe,
Illann,

Stanford, Steed of Carroll,

Derrick,

- Martin,

Steed of Taylor,

Dozier, Duckett, Duggan, Dunbar,

''1;; Mayson,
Miller of Bullock, Miller of Muscogee, Mills,

Stewart, Stovall, Strickland, Thompson,

WEDNESDAY, DECEMBER 10, 1902.

899

Thurman,
Tigner, Underwood, Walker of Monroe, 'Varren,

Wellbol'll, West, Whitley, 'VIlson,

Wise, Womble, Wooten, Yates. Mr. Speaker.

Those absent were :Messrs.-

Brown,

Jones of l'lckenl!,

Burton,

Kendrick,

Hush,

Kilburn.

Edwards,

Knowles,

Jilvans,

Lanier,

Fields,

Lawrence,

J<'lan!gan,

Maples,

Hayes,

Mitcham,

Hutcheson,

Mizell,

Johnson of Ullnch, Moses,

Johnson of Urawford,McLaln,

Phillips of Jelterson, Rankin, Rawls, Redwine, Hoper, Tracy, Valentine, Walker of Pierce, Watson. Welch,

At the request of Mr. Spence of Ware, Senate Bill No. 102 was recommitted to the Committee on Temperance.
'l'he following Senate bills were read the second time and recommitted, to wit :

By Mr. Sweat of the 5th District-

A bill to .establish dispensaries in the county of Coffee.



By Mr. Clements of the 15th District-

A bill to repeal an Act to create the city conrt of Mount Vernon.

Mr. Slaton, chairman of the General Judiciary Committee, submitted the following report :
Mr. Speaker: The General Judiciary Committee have had under con-

900

JoURNAL OF THE HOUSE.

sideration the following Senate bills, and instruct me, as chairman, to report the same back with the recommendation that they do pass, to wit:

A bill to amend section 2180 of volume 2 of the Code.

A bill to amend an Act establishing the city court of Douglas.

Also, the following Senate bills with the recommendation that they do pass as amended, to wit:

A bill to require defendants setting up new matter to do so in paragraphs, and to require the plaintiff to meet such answer by appropriate pleadings.

A bill to amend sections 1840 and 1841 of the Civil Code.

Also, the following Senate bills with the recommenda-

tion that they be read a second time and recommitted,

to wit:



A bill to amend an Act to amend section 752 of the

Penal Code.

A bill to repeal an Act establishing a city court of l\It. Vernon.

Also, the following Senate bill with the rec,Jmmendation that it do not pass, to wit :

A bill to amend section 401 of the Penal Code.

Respectfully submitted. JOHN M. SLATON, Chairman ..

WEDNESDAY, DECEMBER 10, 1902.

901

Mr. Adam~, chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker:

The Committee on Temperance, having had under consideration the following bill, report the same back to the Honse with the recommendation that it do not pass:

Senate Rill No. 25 by Mr. Sweat of the 5th district, to make it a misdemeanor to be intoxicated upon any street or public road of this State.

Abo, House Bill No. 467, with the recommendation that it do pass as amended.

Also, House Bill No. 3, by Mr. Parker of Talbot, with

the recommendation that the author be permitted to with-

draw same.

GEo. W. ADAMS, Chairman.

:Mr. Hawes, chairman of the Committee on Pensions, submitted the following report:

}.fr. Speaker:
The Committee on Pensi9ns have had under consideration the following Senate resolution, and instruct me, as their chairman, to report the same back to the House with the recommendation that it do not pass, to wit:
By :Mr. Comas of the 3 district-
A resolution to pay J?Cnsion of Josiah Lucas, of Appling ..cou:r:ty, to Lucia I..ucas, his widow.
Respectfully submitted. P. l\L HAwEs, Chairman.

902

JOURNAL OF THE HouSE.

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

By lVIr. Comas of the 3d district-

A bill to repeal section 397, volume 3 of the Code, relative to certain officers.

On motion of Mr. Lane of Sumter, the above bill was tabled.

By Mr. Tisinger of the 25th district-

A bill to amend section 691, volume 3 of the Code, relative to declaring dividends other than from the legitimate proceeds of investments, mHl for other purposes.

The committee proposed the following amendments which were adopted, to 'vit: Amend by striking fr<!m line 12 of section 1, the word "not."

Amend line 22 of section 1 by striking there from the word "not."

Amend the caption by striking the word "not," in line ten.

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

On passage of the bill the the ayes were 95, nays 0.

The bill having received the requisite constitutional majority was passed as amended.

By :Mr. Van Buren of the 21st district-
A bill to anwnd an Act reviving the office of: State Geologist, and for other purposes.

WEDNESDAY, DECEMBER 10, 1902.

903

'

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 89, nays 9.

The bill having received the requisite constitutional majority was passed.

By Mr. Lee of the 44th district-

A bill to repeal an Act to authorize the Governor to appoint a special agent to look after the State's property in Tennessee, 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 95, nays 2.

The bill having received the requisite constitutional majority was passed.

On motion of :Mr. Tigner of 1Iuscogee, Senate bill No. 17 was tabled.

On motion of 1\1:r. Hall of Bibb, Senate bill No. 21, to ameml the school laws of this State, was indefinitely postponed.

By :Mr. Perry of the 33J district-

A bill to provide for the payment of costs and fees in cases in which services are performed by special bailiffs of the superior or city courts of this State, and for other purpose.

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

904

JOURNAL OF THE HOUSE.

On j)assage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority, 'vas passed.

On motion of l\[r. Thompson of Hall, Senate bill No. 27 "as tabled.

By l\Ir. Symons of Glynn-

A bill to fix and prescribe the boundaries of all lands adjaf'Pllt to or bor<lf'riug on ti<lP-watpr,;, mHl for otlH'l' 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 99, nays 0.

The bill having received the requisite constitutional majority was passed.

On motion of :Mr. Felder of Bibb, the House adjourned until 9 o'clock to-morrow morning.

Atlanta, Georgia. Thursday, December 11, 1902.
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.

THURSDAY, DECEMBER 11, 1902.

905

The roll was called and the following members answered to their names:

Adams,

Davison,

Howell,

Akin,

Deal,

Hutcheson,

Alexander,

Derrick,

Johnson or l::laker,

Alford,

l>ozwr,

Johnson of Olinch,

Almond,

Duckett,

Jones of Dougherty,

Arnold,

Duggan,

Jones or l'lckcns,

Ayres,

Dunbar,

Kelly,

Baldwin,

Edwards,

Kendrick,

Beall,

English,

Kent,

Beauchamp,

Ennis,

i\.ilburn,

Bell of Emanuel, Evans,

Knight,

Bell of Milton,

Felder,

Knowles,

Blackburn,

Fields,

Lane,

Booth,

Flanigan,

Lanier,

Bowen,

Flynt,

Lawrence,

Bowet,

l<'oster of Oconee, Leih,

lloyldn,

Foster of '!'owns, Little,

Brinson,

Franklin,

Lowe,

Brock,

Fussell,

Mann,

Brown,

Gaulden,

Martin,

Bruce,

George,

Mayson,

Buchan,

Glenn,

Miller or Bullock,

Huchannon,

Grenade,

Miller of Mus.cogee,

Burton,

Grice,

Mills,

Bush,

Grlttln,

Mitcham,

Butts,

I

Hall,

Mitchell,

Calvin,

Hardeman,

Mizell,

'Candler,

Harden,

Morton,

cann,

Hawes,

Moses;

Carr,

Hayes,

Mulherin,

Carrington, Carswell,

' Hendry, Henry,

McBride, .l\IcOurry,

Cliatt,

Hicks,

McElmurray,

lJonner,

Hixon of Carroll, McHenry,

Cook,

Hixon of Mumter, McLain,

Cromartie,

Holder,

McRae,

Crumbly,

Houston,

Newton,

Daves,

Howard of Baldwin, Nisbet,

Davis,

Howard of Laurens, Owen,

906

JOURNAL OF THE Hous:a.

Overstreet,

RicliRrdson,

Thmmun,

O'Quinn.

Ridley,

Tigner,

Parker,

Rogers of Hull,

.rracy,

Pate of Dooly,

Rogers of Mcintosh, Underwood,

Pate or Gwinnett, Rountree,

Valentine,

Paulk of <Jotree,

~:landers,

Walker of Monrot,

Paulk of Irwin,

Shackelford,

Walker of l'ierce,

l'eyton,

Shannon,

\Varren,

Phillips of Jetrerson, Singletary,

\Veil born,

Phillips of Quitman, Slaton,

West,

!'reston, Proctor, Rainey, Rankin, Rawls, Redwine, Reid,

Spence, Stanford, Steed of <Jarroll, l:lteed of ~uylor, Stewart, Stovall, Shickland,

Whitley, wnson, \Vise, Womble, \Vooten, Yates, Mr. Speaker.

Rice,

Thompson,

Those absent were :Messrs.-

Johnson of <Jrawford,Roper,

Maples,

Watson,

Welch,

1\fr. Flanigan reporte(l that the Journal of yesterday's proceedings had been examined and found correct.

On motion of :Mr. Hawes of Elbert, the reading of the Journal was dispensed with.
At the request of the author, House bill No. 292 was reC'ommitted to the General Judiciary Committee.

:Mr. Calvin, chairman of tho Committee on General Agriculture, submitted the following report:
Mr. Speaker-:
The Committee on General Agriculture have again had under consideration Senate bill No. 1, previously reported unfavorably and recommitted, being a bill to amend section

THURSDAY 1 DECEMBER 11, 1902.

907

1570 of the Code of 1895, in the matter of the purchase
and sale of fertilizing materials' in bulk, and recommend
that the same do not pass.

Also, Senate bill No. 73, providing for a more thorough inspection of illuminating oils, and recommend that the same do pass.
Respectfully submitted. ~1ATRIN V. CALVIN, Chairman.

By unanimous consent the following resolution was read the first time, to wit:
By Mr. Underwood of White-

A resolution providing that all managers of dispensaries make an annual report to the Comptroller-General.
Referretl to Special .Tndiciary Committee.

By unanimous com;ent the following resolution was read the third time, to wit:
By 11r. Calvin of Richmond-

A resolution authorizing the commissioner of agriculture to make an exhibit of the State's resources at the St. Louis Exposition in 1904.

The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On passage of the resolution the ayes were 20, nays 69.
The resolution having failed to receive the requisite constitutional majority was lost.

908

JOURNAL OF THE HOUSE.

The following mess!lge waR reeeiYe<l from the Senate throngh ~[r. Northeu, the Secretary thereof:

The Senate has concmTe<l in the following House 1\'lSo-. lntion, to wit:
~!\ rrROlution to provide for an investigation to determine whetlter or not irrigation and drainage in this State can be successfully done.
The Senate ha;: passed by a requisite constitutional majority the following Honse resolntions1 to wit:
A resolution prmiding for the improyement of the pTomHls aromtd thn G<>orgia Xonnal and T]}(lnstJial C'ollcge at ~lille<lgeYille, Georgia.
A rf'solution providing for the increase for the year ending April, 1!l03, of salary of mayor of :Madison, Georgia, and for otlHr purposes.
The Senatf' has passed by a requisite constitutional majority tl1e followi11g ITouse bill ns amended:
A bill to be entitled an Act to provide for the removal of obstructions of all kinds fl'om the creeks and other rnn, ning streams in Hall county, and for other purposes.
The Senate has passed the following House bills by arequisite constitutional majority, to wit:
A bill to be entitled an Act to cede to the Unied Staies jurisdiction over certain land in the city of Savannah, Georgia.

THURSDAY, DECEMBER 11, 1902.

909

A bill to be entitled an Act to amend an Act to incorpoand for other purposes.

A bill to be entitled an Act to amend an Act to incorporate the towu of Deepstep, in the county of washington, rate the town of I-Iazclhnrst, in the counties of Appling and Coffee, and for other purposes.

A bill to be entitled an Act to establish a system of public schools for Sylvania school district, and for other purposes.

A bill to be entitled an Act to amend an Act incorporating the town of Harrison, in the county of Washington, and for other purposes.

\. bill to nme111l the eharter of the town of Anstell, m the eounty of Cobb.

A hill to he entitled an Act to amend an Act to create a board of commissioners of Jackson county.
A bill to be entitled an Act to amend an Act to establish a ~.vstmu of sehool or schools for the town of Doerun, in Collplitt county, and for other purposes.

A bill to be entitled an Act to amend an Act to create and i1~corporate the city of Blakely, in Early county, and
for other purposes.

A Lill to be entitled an Act to amend an Act creating the city court of Samlersvillc, and for other purposes.

A hill to he entitled an Act to incorporate the :M:ean>:~ ville school district, in the county of Pike, and for otherpurposes.

910

JOURNAL OF THE HOUSE.

A bill to be entitled an Aet to amend an Act to establish the city court of Moultrie, and for other purposes.

A bill to provide for the adding of the city of Winder to the list of State depositories, and for other purposes.

A bill to amend the charter of the town of East Point, in the county of Fulton, and for other purP,oses.

A bill to change the name of the town of Berkley to the to-wn of Grayson.

A bill to amend an Act establishing a system of public schools in the town of Ashburn, \Vorth county, and for other purposes.

A bill to amend the charter of the city of Dalton, m vVhitfield county, and for other purposes.

A bill to establish the city court of Brunswick, and for other purposes.

A bill to amend the charter of the city of Cordele, and for other purposes.

A bill to amend the charter of the town of Warsaw, and for other purposes.

As fix~d by unanimous consent on yesterday, the :report of the Committee on Rules was taken from the table at this time for the purpose of considering the recommendations ~ontnined therein.

Section 1 of the reoort was adopted on yesterday.
Seetion 2 was tflken up at this time, which was as follows: Second, House bills with Senate amendments,

THURSDAY, PECEMBER 11, 1902.

911

Thursday immediately after the confirmation of the J ourna1. Senate bill No. 68, until finally dispose 1of, and to follow this order of business for the remainder of the su,sion.

:Mr. Feldm of Bibb, offered the following amendment, to \Yit: Amend by striking Senate bill No. 68, and all words rE>Ji~ting to same.

~fr. Wilson of Clay, called the previous question which call was sustained, and the main question ordered.

On the adoption of the amendment the ayes and nays were ordered, and ou taking the ballot viva voce the vote was as follows :

Those voting in the affirmative were Messrs.-

Akin,

Daves,

Alford,

Deal.,

Almond,

Derrick,

Ayres,

Dozier,

Baldwin,

Duckett,

Beauchamp,

Duggan,

Bell of Emanuel, Edwards,

Bell of Milton,

English,

Blackburn,

I<' elder,

Booth,

Fields,

Bowen,

l'lanlgan,

Brinson,

l<'oster of '!'owns,

Bruce,

l<'ranklln,

Buchan,

l<'ussell,

Buchannon,

Gaulden,

Butts, Candler,

George,
.' ,. ~ Glenn,

Carr,

Grenade,

Carswell,

GrUHn,

Cllatt,

'\ .....

~ ' Hall,

Conner,

:I Hardeman,

Cromartie,

Harden,

Hayes, Hendry, Hixon of Carroll, Hixon of 8umter. Holder, Houston, Howard of Laurens, Hutcheson, Jones of l'lckenP, Kent, Lane, Lanier, Lawrence, Leigh,
Little, Lowe, Martin, Mayson, Miller of Bullock, Mitcham, Mitchell, Mizell,

912

JOURNAL OF THE HOUS&

1\lorton, Mulherin, Mc}j]lmurray, McHenry, McLain, l\lcHae, Newton, Nisbet, Overstreet, O'Quinn, Parker, Pate of Dooly, Paull{ of Coll'ee, Paulk of Irwln,

Phillips of Jell'erson, Stew,n't,

Preston,

Stovall,

Proctor,

Thompson,

Rawls,

Thurman,

Rice,

'l'racy,

Richardson,

Underwood,

Rogers of Hall,

Valentine,

Rogers of Mcintosh, Walker of Pierce,

Rountree,

West,

Shackelford,

Whitley,

Singletary,

Wise,

Spence,

Womble,

Stanford,

Yates,

Steed of Carroll,

Those voting in the negative were Messrs.-

Adams, Beall, Brock, Brown, Bush, Cann, Carrington, Cook, Davis, Dnvison, Ennis, Evans, l'lynt,

l<'oster of Oconee. Owen,

Hawes,

Phillips of Quitman,.

Henry,

Rainey,

Howell,

Rankin,

Johnson of Clinch, Reid,

Jones of Dougherty, :::laton,

l\Iann,

Steed of 'l'aylor,

l\Iiller of l\1 uscogee, Strickland,

l\Iills,

Walker or Monroe,

1\foses,

Wellborn,

McBride,

'Vilson,

McCurry,

Wooten,

Those not voting were Messrs.-

Alexander,

Johnson of Bake., Redwine,

Arnold,

.Johnson of Crawford, Ridley,

Bowet,

Kelly,

Hoper,

Boykin,

Kendrick,

Sanders,

Burton,

Kilburn,

Shannon,

Calvin,

Knight,

'figner,

Crumbly,

Knowles,

\Varren,

Dunbar, Grice, Hicks,

l\Iaples, Pate of Gwinnett. Peyton,

'" atson, "reich,
l\Ir. Speaker.

Howard of Baldwm,

THURSDAY, DECEMBER 11, 1902.

913

By unanimous consent the verification of the roll-call was dispensed with.

On the adoption of the amendment the ay~ were 107', nays 37.

ThP. amendment was therefore adopted.

The section was then adopted as amended.

At the request of Mr. Hall of Bibb, l\fr. Johnson of Crawford, was granted leave of absence from Saturday last, for the rest of the session.

On motion of :Mr. Paulk of Coffee, Senate bill No. 102 was withdrawn from the Temperance Committee and placed on the calendar.

The following message was received from the Senate through Mr. NorthenJ.. the Secretary thereof:
J.lfr. Speaker:

The Senate has had under consideration the attached cOinmunication from his Excellency, the Governor, vetoing .Senate bill No. 29, to wit:
"A bill to be entitled an Act to change the time of meeting of the General Assembly from the fourth Wednesday in October to the fourth Wednesday in June, and for other purposes.
The Senate informs the House that the veto of his Excellency, the Governor, has been overridden by the Senate by the following vote, to wit: To pass the bill over the Gov-ernor's veto, ayes 38, nays 3.
58 h j

914

]OURNAI. OF THE HOUSE.

The following resolution was read and referred to the Committee on Uules, to wit:

By ~\lr. Phillips of Jefferson-

A resolution making the summer session bill the special order for Friday immediately after the confirmation of the Journal.

The general appropriation bill, which was the special order for this hour, was taken up for the purpose of concurring in the Senate amendments.

The Senate proposed to amend as follow:

To amend section 1, line 21, by striking out all that occurs after the word "dollars," and striking all of line 22~ The amendment was non-concurred in.

Also, amend section 3, line 34, by striking out the word "five" and inserting in lieu thereof the word "three," and by. striking out the word "eight," and inserting the word "five."
~[r. Davis of :Meriwether, proposed to amend the above Senate amendment by striking out the word "five" and insert the word "eight," as applies to House Porters. The amendment was adopted.

Also, to amend section 3 by a<lding at the end thereof,. "That the sum of $123.00 be supplied to pay for seventyfive (75) chairs for the use of the Senate committee rooms and the same be paid on Executive warrant to the Secretary of the Senate." The House non-concurred in the above amendment.

Also, to amend by adding that the sum of four dollars

THURSDAY, DECEMBER 11, 1902.

915

per day, each, be appropriated to pay a doorkeeper of the Senate for the session of 1902, under the resolution adopted by the Senate. The House non-concurred in the above amendment.

_<\.lso, to amend section 3 by adding after line 31 "for compensation o:f one doorkeeper and assistant messenger hr rear door of mes~enger's room of the Senate $4.00 per diem each. For compensation of two assistant doorteepers :for .floor of the Senate, :four dollars per diem each." The House non-concurred in the above amendment.

Also, amend by adding to section 3, the :following: "For compensation o:f committee appointed under Act of the I.egislature of 1901, consisting of two members o:f the Senate and :four members o:f the House at the rate o:f $4.00 per diem :for the time actually engaged in the performance of their duties and :for compensation o:f the stenographer employed by said committee at the same rate above provided for members of the committee, the total amount not to exceed four hundred dollars. The House concurred.
Also, to amend section 4, lines 86 and 87, by striking out the words "twelve thousand five hundred," and insert ing in lieu thereof "fifteen thousand." The House nonconcurred.
Also, to amend Rection 4, line 20, by striking out "three hundred and ten," and inserting "three hundred and forty." The House non-concurred.
Also, to amend section 5 by inserting after the word "1903," and before the word "to," the :following words, "and $100,000.00 on bonds maturing ,January 1, 1904."

The previous question was called and the main question ordered.

916

]OURNAL OF THE HOUSE.

On the adoption of the above amendment, :Mr. Hall of Bibb, called for the ayes and nays, which call was sustained and on taking the ballot viva voce, the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams,

Franklin,

Mulherin,

Alexander,

Gaulden,

1\lcBrlde,

Arnold,

George,

1\lcMimurray,

Aytes,

Gtena<1e,

McHenry,

Bell or Mmanuel, Grice,

1\lci..a!n,

Bell or Milton,

Gr!ttln,

Newton,

Blackburn,

Harden,

U'l,lulnu,

Booth,

Hawes,

Parker,

Boykln,

Hayes,

Paulk or Irwin,

Btiuson,

Henry,

Phillips or Jelferson,

Brock,

Hixon of Carroll, Phillips of Quitman,

Brown,

Hixon or ~:Sumter, Held,

Bruce,

Holder,

ltichardson,

Buchannan,

Houston,

Ridley,

Bush,

Howard of Baldwin, Rogers of Hall,

Calvin,

Howard or J,aurens, Shackelford

Cann,

Howell,

Slaton,

Carrington,

Hutcheson,

Stanford,

Carswell,

Johnson or Baker, Steed of Carroll,

Crumbly,

Johnson or (.)linch, Steed of Taylor,

Daves,

Jones of Dougherty, Stovall,

Davis,

Jones or Pickens, Snickland,

Davison,

Kent,

'l'hompson,

Dozier,

Lawrence,

'!'racy,

English, Ennis,

- Little, 1- 1\laun,

'Vellborn, West.

Evans,

l\Iartln,

Wilson,

l<'ields,

Miller of Muscogee, Wise,

'-';

Foster of Oconee, Moses,

Womble,

Those voting in the negative were Messrs.-

Akin, Almond. Baldwin,

Beall, Beauchamp, Bowen,

Bower,

Buchan,

-;:

Burton,

THURSDAY, DECEMBER 11, 1902.

' 917

Butts, Candler, Carr, Cllatt, Conner, Cook, Cromartie, Deal, Duckett, Duggan, Dunbar, Felder, Flanigan, l!'lynt, l!'ussell, Glenn, Hall, Hardeman, Hendry, Kilburn,

Lane, L11nler, Leigh,
Lowe, :\Iayson, .Miller of Bullock, Mills, Mitcham, Mitchell, 1\Iizell, 1\fortou, 1\lcCurry, Mcltae, Nisbet, Owen, Overstreet, Pate of Dooly, Pate of Gwlnnett, Paulk of Colfee,

Peyton, Preston, Proctor, Rainey, Rankin, Rawls, Hedwlne, Rice, Rogers of Mclntosh, Singletary, Spence, Stewart, 'l'hurman,
Underwood, Valentine, Walker of Monroe, 'Valker of Pierce. 'Varren, Yates.

Those not voting were Messrs.-

Alford,

Eendrick,

Derrick,

Knight,

Edwards,

r.-nowles,

Foster or '!'owns, 1\laples,

Hicks,

Roper,

Johnson or Crawrord,Rountree,

Kelly,

Sanders,

Shannon, Tigner,
'Vatson, Welch, Whitley, 'Vooten, 1\Ir. Speaker.

By unanimous consent the verification o the roll-call was dispensed with.
On agreeing to the Senate amendment, the ayes were 87, nays 65. The amendment was therefore agreed to.
Mr. Franklin gave notice that at the proper time h&
would move to reconsider the action of the House in agreeing to the Senate amendment relative to the State Sanitarium.

918

]OURNAL OF THK HOUSH.

The Senate also proposed to amend section 5 by adding at the end thereof the following: "To pay interest maturing in 1904, the sum of three hundred and sixteen thousand eight hund:red and eighty dollars, and the State Treasurer is hereby authorized and required to apply the fund in the treasury which has arisen from the sale of public property and }mown as the public property fund, to pay the interest on the public debt, when the same matures in accordance with the appropriations set forth in this paragraph.

The House concurred in the above amendment.
:Mr. Hall of Bibb, moved that the House reconsider its action in concurring in the above amendment.

Before the motion under discussion could be disposed of, the hour of adjournment arrived and the Speaker declared the House adjourned until 3 o'clock this afternoon.

3 O'clock p.m.

The House reconvened at this hour and was called to order by the Speaker.

The roll was called a!Hl the following members answered to their names :

Adams, Air in, Alexander,
Alford, Almond, Ayres, Baldwin, Beall,

Beauchamp, Hell of .blmanuel, Bell of l\lilton, Blackburn, Booth, Bowen, Bower, Brinson.,

Htock, Brown, Butts, Candler, Uann, Catr, Carrington, Carswell,

THURSDAY, DECEMBER 11, 1902.

919

Cllatt,

Hutcheson,

Phillips of J e!Ierson,

Oonner,

Johnson of Clinch, Phillips of Quitman,

t:ook,

Jones or Dougherty, Proctor,

Orumbly,

Jones or Pickens, Rainey,

Davis,

1\.endrfck,

Rankin,

Davison,

Kent,

H a w Is,

Deal,

Kilburn,

Hedwlne,

Dozier,

Knight,

Held,

Duckett,

Knowles,

Hlce,

Duggan,

Lane,

Richardson,

Dunbar,

Lanier,

lUdley,

l!lngllsb,

Lawrence.

Rogers of Hall,

Ennis,

Leigh,

Rogers or Mcintosh,

Evans,

Little,

Rountree,

Felder,

Lowe,

Sanders,

l<'ields,

Mann,

Shackelford,

Flanigan,

Martin,

Shannon,

Flynt,

Mayson,

Slaton,

Foster or Oconee, Miller or .Bullock, Stanford,

l<'oster or 'l'owns, Miller or Muscogee, Steed of Oarroll,

l!'ranklln,

Mills,

Stewart,

~'ussell,

Mitcham,

Stovall,

Gaulden,

Mitchell,

Strickland,

(3lenn,

Mizell,

Grenade,

Morton,

Grice,

Moses,

GritHn,

Mulherin,

Hall,

McBride,

Hardeman,

McOurry,

Harden,

McElmurray,

Hawes,

McHenry,

Hayes,

McLain,

Hendry,

McRae,

Henry,

Newton,

Hicks,

Nisbet,

Hixon of Oarroll~

Owen,

Hixon of Sumter, Parker,

Holder,

Pate or Dooly,

Houston,

Pate of Gwinnett,

Howard of .Baldwin, Paulk of Oo!Iee,

Howard of Laur~ns, Paulk of Irwin,

Thompson, 'l'hurman, Tigner, Tracy, Underwood, Valentine. Walker of Monroe, Walker of Pierce, Warren, 'Vellborn, West, Whitley,
~'llson,
Wise, Womble, Wooten, Yates, Mr. Speaker.

Howell,

920

JOURNAL OF THE HOUSE.

Those nbsent were Messrs.-

Arnold, Boy kin, Bruct, Buchan, Huchannon, Burton, Bush, Ualvln, Uromartie,

Daves,

O'Qulnn,

Derrick,

Peyton,

Edwards,

Preston,

George,

Roper,

J obnson of Baker, Singletary,

Johnson of Urawford,Spence,

1\.elly,

Steed of Taylor.

l\Iaples,

watson,

Overstreet,

Welch,

The :following message was received :from the Senate through ~Ir. N orthen, the Secretary thereo:f:
JJfr. Speal.:er:

The Senatr has passed the :fo11owing resolution, in which the concurrence o:f the House is asked :

A resolution to have a committee appointed to investi-

gate present pension laws and to report at the next session

o:f the General Assembly.

,

The committee appointed on part o:f the Senate are Senators Snead ancl Harrell.

The Senate amendments to the appropriation bill, which were taken up to be concurred in at this morning's session and which were und.er consideration when the hour o:f adjourmnent arrived, was again taken up.

At the time o:f adjournment o:f this morning's session ~Ir. Hall o:f Bibb had moved to reconsider the action of the H0use in adopting the Senate ameiHlment relative to the public property :fund.
l'i1e previous question was called and sustained, and the main question ordered.

THURSDAY, DECEMBER 11, 1902.

921

The motion to reconsider was then put to the House and carried.
On the question as to whether the House should concur in the Senate amendment, l\Ir. Hall called for the ayes and nays, which call was sustained and on taking the ballot viva voce> the vote was as follows :

Those voting in the affirmative were Messrs.-

Alexander, Almond, Ayres, Bell ot Milton, Booth, Brock, Hush, Butts, Carr, Carswell, Davis, Davison, Dozier, Ennis, Evans,

lf'ranklin,

Phllllps ot J errerson,

Grenade,

Rawls,

Hawes,

Reid,

Hayes,

Hicbardson,

Hixon ot Carroll, Ridley,

Hixon ot :Sumter, Slaton,

'iloward of Baldwin, Spence,

Howard or Laurens, Steed ot Carroll,

Howell,

Steed ot ~'aylor,

Jones ot Dougherty, Stewart,

Kelly,

Thompson,

Miller of Muscogee, Warren,

:\Iulherln,

\Vellborn,

!\lcCurry,

Wilson,

McElmurray,

\Vise,

Those voting in the negative were :Messrs.-

Adams, Akin . Alford, Baldwin, Beall, Beauchamp, Bowen, Bower,
Brown, Buchannon, Calvin, Candler, Carrington,

Cllatt, Conner, Cook, Cromartie, Deal, Duckett, Duggan, Dunbar, English, Felder, Fields, l!'lanlgan, Flynt,

l''oster of Oconee, lf'ussell, Gaulden, George, Glenn, Grtce, Hall, Hardeman, Harden, Hendry, Henry, Houston, Hutcheson,

.922

]OURNAI. OF THE HOUSB.

Johnson of Baker, Johnson of lJllnch, Jones of l'ickens, Kent, Knight, Lane, Lanier, Lawrence, Leigh,
Little, Lowe, Mann, Martin, Mayson, Miller of Bullock,
~IIlls,
Mitcham, Mitchell, Mizell,

1\Iorton,

Rankin,

McBrt<le,

Uedw!ne,

McHenry,

Rice,

l\icLain,

Rogers of Mcintosh,

l\Jcllae,

Rountree,

Newton,

Stovall,

Nisbet,

Strickland,

Owen,

Thurman,

O'Quinn,

Tigner,

l'arker,

Tracy,

Pate or Dooly,

Underwood,

Pate of Gwinnett, Valentine,

Paulk or lJoiiee,

Walker of Monroe,

Paulk of Irwin,

Walker of Pierce,

Phillips of Quitman, \Vest,

Preston, Proctor, Hainey,

Whitley, \Yomble, Yates.

Those not voting were :Messrs.-

Arnold, Bell of Emanuel, Blackburn, Boykin, Brinson, Bruce, Buchan, Burton, Cann, Crumbly, Daves, Derrick,

Edwards,

Peyton,

I'oster or Towns, Rogers of Hall,

Griffin,

Roper,

Hicks,

Sanders,

Holder,

Shackelford,

.Tohnson of lJrawford,Shannon,

Kendriclc,

Singletary,

Kilburn,

Stanford,

Knowles,

Watson,

Maples,

Welch,

Moses,

Wooten.

Overstreet,

Mr. Speaker.

B; unanimous consent the ,-erification o the roll-call was dispensed with.
On ,the montion to concur in the Senate amendment the ayes were 45, nays 92. The motion was therefore lost.
l\[r. Hall then nwved that the Ho~u~e non-concur in the Senate amendment, ''"hich motion prevailed.

THURSDAY, DECEMBER 11, 1902.

923

The Senate proposed also to amend section 6, line 69,
. by striking out the words "two thousand," and inserting in \
lieu thereof the words "fifteen hundred." Concurred in.
Also, amend section 6 by striking out all of line 95 after the figures "1889," and also all of lines 96 and 97.

Also, amend section 6 by inserting after the figures "1903," the words "and 1904."
Also, amend section 6 by striking out all of lines 133, 134, 13!5, 13G and 137, except tl1e last two words of 137, and inserting in lien thereof the following: '.'Provided, that the assistant geologist, acting chemist, shall Jevote ninety days, and the other assistan g(,'Ologist one hundred and fifty days to field trips during each of the years for which this appropriation is available."
Also, amend section 6, line 171, by ~triking out the word "twenty," and inserting "eighteen," and by adding at the end of the section, "Provided, that only $500.00 of this appropriation shall be available for the salary of the Adjutant-General."
Also, amend section 6 by striking out the paragraph beginning with line 81 and substituting the following:
"For replenishing earlier Georgia Reports when copy~ rights on same have expired, and for compiling and publishing, under the direction of the Governor, the Colonial, Revolutionary, and Confederate records of Georgia, such sum as is necessary to pay.the contract price for such work, to be paid only out of the money received i.nto the treasury -during the years 1903 and 1904 from the sale of such republished Georgia Reports as provided for by the Act of December 16, 1899, and from the sale of such Colonial1 Revolutionary and Confederate records as published."

924

jOURNAL OF THE Hous&

Also, amend section 4 by inserting between lines 18 and 19 the following:. "For the support of the South Georgia College, a branch o the State University, at Thomasville, the sum of $25,000.00 for each o the years 1903 and 1904."
:Jfr. Cann, chairman of the Committee on Railroads~ submitted the following report:

J11'. S peakel':
The Committee on Railroads have had under consideration tha following Senate bills which I am instructed to report baf'k to the Honse with the recuHnnewlation that. the same do pass, to wit:

A bill to authorize street or suburban railroads to extend its road into an adjoining State, and for other purposes.

Also, a bill to authorize street or suburban railroads in this State to increase their capital stock and to issue preferred stock, and or other purposes.

Respectfully submitted. J. :E'ERRIS CANN, Chairman.

~Ir. Davis o ~Ieriwether, moved that the session o this afternoon be extended until the Senate amemlments to the "Gel'leral Appropriation" bill be disposed o, which motion prevailed.

11r. !filler o ~Iuscogee then moved that the session be extended or the purpose of reading Senate bills or second reading, which motion prevailed.

THURSDAY, DECEMBER 11, 1902.

925

Mr. Wellborn, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:

The Committe on Enrollment report as properly enrolled, duly signed and ready for delivery to th~ Governor, the following Acts, 1o wit:

An Act to amend the Act incorporating the city of Waynesboro.

Also, an Act amending Act incorporating town of Sylvama.
Also, an Act establishing the ~ity court of Sylvania.

Also, an Act to reduce the salary of the judge of the city court of Elberton.

Also, an Act to amend section 2754 of the Code of 'Georgia.
Also, an Act amending charter of the Fairburn Banking Company.

Also, an Act amending charter of the Buena Vista Loan and Banking Company.

Also, an Act to change the time of ho4ling the superior court of Telfair county.
Also, an Act to change the time of holding the superior -courts in Glascock county.
Also, an Act amending the charter of the town of Buchanan.

926

JOURNAL OF THE HOUSB.

Also, an Act to authorize the city of \Vashington, Ga., to sell certain real estate belonging to said city.

Also, an Act amending the charter of the town of Tybee.

Also, an Act regulating practice in the city com:t of Atlanta.
Respectfully submitted. 0. J. WELLBORN, JR., Chairman.

The following Senate bills were read the second time7 to wit:

By :Mr. Park of the 37th district-

A resolution to inquire into the present city and county adoptions of text-books, and for other purposes.
By :Mr. Park of the 37th district-
A bill to provide for testing and mode of testing illuminating oils.

By 1Ir. Comas of the 3d district-

A bill to amend an Act to amend section 752 of the Penal Code.

By Mr. :Mcl\Iichael of the 24th district-

.A bill to authorize street or suburban railroad companies to extend its roads into other States.

By Mr. Perry of the 33d district-

A bill to require defendant in all cases at common law or equity to set forth certain answers in paragraphs, etc.

THURSDAY, DECEMBER 11, 1902.

927.

By :Mr. :McMichael o the 2-Hh district-
A bill to amend sections 1840 and 1841 o the CivH Code relative to banking and insurance companies, and or other purposes.
By !Ir. Perry o the 33cl district-
A bill to amend section 2180, volume 2 o the Code,. which provides or the incorporation, control and management o suburban and street railways, and or other purposes.

By !Ir. Sweat o the 5th district-
A bill to amend an Act to establish the city court of Douglas.

By Mr. McMichael o the 24th district-

A bill to authorize street or suburban railroad companies. to increase their capital stock.
The following Senate bill was read the third time and put upon its passage, to wit:

By Mr. Christie o the 11th district-
A bill to establish a system o public schools for the city o Fort Gaines, and or other purposes.
The report o the committee, which was favorable to the passage o the bill, was agreed to.
On passage o the bill the ayes were 90, nays 0.
The bill having received the requisite constitutional majority, was passed.

928

JOURNAL OF THE HOUSE.

The order of business for which the session waP extended having been finished, the Speaker declared tb~ House adjourned until 8 o'clock to-night.

8 O'clock p.m.

The House reconvened at this hour and was called to order by the Speaker.

The roll was called and the following members answered to their names :

t\.dams, Alexander, Alford, Ayres, .Baldwin, Beall, Beaachamp, P dl of Emanuel, .Bt:;ll of Milton, Blackburn, Booth, Bower,
Brinson, llrock, Buchan, Burton, Bush, Butts,
Candler, Cann, Uarr, Uarswell, Cllatt, Conner, Cook, Cromartie, Crumbly,

Daves, Davis, Davison, Deal, Dozier, Duckett, Duggan, Dunbar, Engllsh,
l~Yans,
Felder, !fields, Flanigan,
Flynt, Foster of Oconee, Foster of Towns, Fussell, Gaulden, George, Glenn, Grenade, Grice, Gtitlin, Hall, Hardeman, Harden, Hawes,

Hayes, Hendry, Hixon of UarToll, Hixon of ::Sumter, Holder, Houston, HO'\Vell, Hutcheson, Johnson of .Haker, Johnson of Ullnch, Jones of Dougherty, Kelly, Kilburn, Knowles, Lane, Lanier, Lawrence, Leigh,
Little, Lowe, 1\Iann, Martin, 1\fayson, l\liller of Bullock, Mitchell, Mizell, Mulherin,

THURSDAY, DECEMBER 11, 1902.

929

McBride,

Hankin,

Thompson,

McCurry,

Held,

Thurman,

McElmurray,

Hice,

Tigner.

McHenry,

Hichardson,

'l'racy,

McLain,

Ridley,

Underwood,

1\fcHae,

Rogers of Hall,

Valentine,

Nisbet,

Rogers of Mcintosh, 'Valker of Monroe,

Owen,

Rountree,

" 1alker of Pierce,

Overstreet,

Shannon,

'Varren,

O'Quinn,

Slaton,

Wellborn,

Parker,

Spence,

Whitley,

Pate of Dooly,

Stanford,

Wilson,

Paulk of Cotree,

Steed of Carroll, Wise,

Paulk of Irwin,

Steed of 'l'aylor,

\Vomble.

Phillips of Jetrerson, Stewart,

'Vooten,

Phillips of Quitman, Stovall,

Yates,

Proctor,

Strlduand,

Mr. Speaker.

Rainey,

Those absent were :Messrs.-

Akin, Almond, Arnold, Bowen, Boy kin, Brown, Bruce, Buchannon, Calvin, Carrington, Derrick, Edwards, Ennis, I'ranltl!n,

Henry,

Moses,

Hicks,

Newton,

Howard of Baldwin, Pate of Gwlnnett,

Howard of Laurens, Peyton,

Johnson of Crawford, Preston,

Jones of Pickens, Hawls.

Kendrick,

Hedwine,

Kent,

Roper,

Knight,

Sauders,

Maples,

Shackelford,

Miller of 1\IuscogPe, Singletary,

Mills, Mitcham, Morton,

'Vatson, Welch, West.

Tho following message was received from the Senate through :M:r. N orthen, the Secretary therof:
Mr. Speaker:
The Senate .~as passed the following House bill, as amended, by a requisite constitutional majority, to wit:
59 h j

930

JOURNAL OF THE HOUSE.

A bill to be entitled an Act to require the payment of taxes on all special franchises.

l\fr. Holder of Jackson, moved that to-morrow morning immediately after the confirmation of the Journal, all Senate resolutions for third reading and otherwise to be put upon their passage, which motion prevailed.

By unanimous consent the Honse reconsidered its action in passing the "General Appropriation bill," for the purpose of offering the following amendment, to wit:

Amend section 6, in line 28 of printed bill, by l!triking out the words "a porter and the sum of two hundred dollars," and insert in lieu thereof the words "a stenographer and a porter, the sum of eight hundred dollars."

The following message was received from the Senate, through Mr. N orthen, the Secretary thereof:

lrir. Speaker:

The Senate has passed, by the requisite constitutional majority, the f~llowing bill of the House as amended, to
wit:

A bill to be entitled an Act to levy and collect a trur :for the support of the State government and the public institutions, and for other purposes.

By unanimous consent the following resolution was read, to wit:

By ~Ir. Hall of Bibb-

A resolution regulating the gift of the patronage of this House, and for other purposes.

THURSDAY, DECEMBER 11, 1902.

931

Mr. Hall of Bibb, offered a substitute for the above resolution, which was read and adopted.

The resolution was then put to the House and adopted by substitute.

At the request of the author, resolution No. 100 was tabled.

:Mr. McCurry of Hart, was allowed to withdraw House resolution No. 116.

The following resolution was read, to wit:

By :Mr. Hawes of Elbert-

A resolution providing that a committee be appointed to investigate the School for the Deaf, to pay them $4.00 per diem and actual railroad fare.

A substitute was offered by Mr. Hall of Bibb, which was amended as follows :

By Mr. Reid-
Amended by adding, "Provided, said committee shall not sit for more thun forty days."
By Mr. Hall-
Amended by adding the following: "Executive department and Pension Commissioner."
The resolution was then put to the House and adopted b;y substitute as amended.
By :M:r. Kelly of Glascock-
A resolution to appoint a committee to investigate certain State institutions, etc.



932

JOURNAl, OF THE Hous:a.

The resolution was tabled on motion o Mr. Hall o Bibb.

By :Mr. Hall o Bibb-

A resolution to direct the Governor to compel the lessee o theW. & A. R. R. to repair the Union Depot.
The above resolution was tabled on motion o :M:r. Hall o Bibb.

Mr. Slaton, chairman o the General Judiciary Committee, submitted the following report:
Mr. Speaker:
The General Judiciary Committee have had under consideration the following Senate bill, and instruct me, as chairman, to report the same back with the recommendation that it do pass, to wit:

A bill to amend an Act entitled an Act to amend section 752 of the Penal Code, which relates to the transfer o indictments from the superior to the c'Ounty eonrt.
Respectfully submitted.
JonN ~L SLATON, Chairman.

The following bill was taken up and the Senate amendwent llOB-conclHT<~<l in.
By :Mr. Steed. of Taylor-
A resolution to appropriate $15,000.00 for the purpose of making ne~essary repairs to the State Capitol.
The follo-\ying bill was taken up and the Senate amendment concurred in, to wit:

THURSDAY, DECEMBER 11, 1902.

9.33

13y MessJS. Hardeman and Holder of Jackson-

A bill to establish the city court of J e:fferson.

1. Amend section 4 by inserting after the word "age," in line 4 the words "and shall have practiced law for the term of four years."

2. Amend section 2 by striking out "January 1, 1907," and insert "December 5, 1905."

3. Amend hy striking "January 1, 1D06," in line D, and insert ";rannary 1, 1D05."

4. Amend section 7 by striking out "shall hold his office for and during the term of four years after he is appointed that lw."

5. Amend section 5 b;r striking out "January 1, 1907," and insert "December 5, 1905."

The following message was received from the Senate through Mr. Northen, the Secretary thereof:

Mr. Speaker:

The Senate refuses to recede from all of its amendments to the following House bill, to wit:

A bill to be entitled an Act to make appropriations for the ordinary expenses of the Executive, Legislative and Judicial departments of the government, and for other purposes.

The undersigned members of the committee appointed to examine that part of the Governor's message relating to the Western & Atlantic depot, submitted the following report:

934

]OURNAI. OF THE HOUSE.

Mr. Speaker:
Your committee to whom was referred, under a resolution of the House, that portion of the Governor's message in reference to the Union Passenger Station in Atlanta, have discharged the duty imposed upon it by the resolution, and now submit the following report as to the condition of said depot:
We find from a personal examination of said depot that the contract between the lessee and the State has not been kept as to said Union Depot in the city of Atlanta. We find that the roof has either fallen, or been removed to prevent its falling from a large portion of the shed over the tracks. The roof lias been off of said building so far as we can learn, for the space of about three months, and there seems to be on the part of the lessee no present intention to replace the same. We further find that the portion of the roof that has not actually fallen or been removed is in a dangerous condition and should be removed at once. Unless it is removed it is in danger of :falling at any time and the sa:fety of the traveling public who are compelled to use said depot is imperilled by the lessee leaving the roo: in its present condition.

we iurther find that the whole building is ont of repair. It should be repainted entirely. A new roof should be put on the shed, if not on the building attached thereto. We are compelled to sa;r that the building is not only out of repair but is in a general state of dilapidation and :fast going to decay. While we have no evidence o:f it, it seems to be the purpose of the lessee and the other roads occupying this building not to put any substantial improvements or repairs upon the same, but to permit it to fall into a general condition of decay.

THURSDAY, DECEMBER 11, 1902.

935

We find that the lessee road has failed entirely to keep its contract with the State in reference to this depot; that the depot in Atlanta is not kept in the condition of first-class roads in Georgia to either safely or expeditiously carry on the business of the road, and that the value of the depot in Atlanta has greatly depreciated by reason of the failure of the lessees to keep its contract with the State as to this much of the State's property. We had before us the president of the Nashville, Chattanooga & St. Louis Railroad. Company, the lessee of the State road, and he attempted to offer as an excuse why this property had not been kept up to the same condition of the other portion of the road that the State had never put him in possession of but threetenths of the building; that the other portion of the building was at the time of the lease and is now claimed by the Central of Georgia Railway Company, the Atlanta & Wmt Point Railroad Company and the Georgia Railroad Company. vVe can not agree to this claim on the part of the lessee. We respectfully submit that under the terms of the lease that the whole property, including the Union Station in Atlanta passed to the lessee company. We deem it best, however, to submit to the General Assembly all the facts in reference to the claim of these other roads as to an interest in that building.

We :find that on the 22d day of June, 1870, a contract was entered into between I. P. Stidham & Company, of the first part, and Foster Bl~gett, superintendent of the Western & Atlantic Railroad and L. P. Grant, superintendent of the Atlanta & West Point Railroad to construct and build a union passanger depot for the use and benefit of the railroad companies and the railroad owned by the State of Georgia, to be located on State square in the city of Atlanta, at a cost of $135,000.00. In the body of this con-

936

jOURNAL OF THE HOUSE.

tract it appears that the Macon & Western Railroad Company and the Georgia Railroad Company were also parties to it, but neither of these roads ever executed it by signing it. It appears, however, that the roads other than the State road did, during the progress of the building, or subsequently thereto, contribute seven-tenths of the contract price of said building, which contract price was the sum of $135,000.00. This building was flot completed at the time of the original lease of the road in 1870, but after the lessees of that year took charge of it, the building was completed and occupied.

We do not find that the State itself ever contracted with these railroads, or authorized any one else to bind it by any contract, for the construction of this building, nor can we find any evidence, after most diligent search, that the State ever authorized or licensed these railroads to construct this building or occupy the property of the State for the period of thirty-two years. All the evidence at hand shmrs that the State merely aeqnic;;eed in the ereetiou qf this building on this land and the contribution thereto by
the several railroad companies which now claim to have
an interest in said building. There is no evidence in existence which we have been able to flnd "hich would establish an~' right in thi;; present lmilding h,v these compan "" against the State. Since the completion of this depot the State has never been in possession of this property except through its tenants, and these other companies have ot~ cupied this depot solely through an arrangement with the tenants of the State and not with the State itself, and as no interest of the State has ever been jeopardized by such occupancy, and as the tenants of the State have been willing to continue this arrangement, the State has had no interest in terminating the occupation of this depot by the other

THURSDAY, DECEMBER 11, 1902.

937

railroad companies. The lease executed in 1870 of this property does not in any way recognize the interest of any eompany in :;aid ,Jepot except the State road. In the inven10ry attached to this lease is one section, i\o. 21, "one large passenger building, located between initial post and Pryor street, Atlanta, now in course of erection-contract made by the State and to be completed under the contract at thG expense of the State; also by contract, the proper sidings, track approaches, etc., to be made at State expense. The interest of the Western & Atlantic Railroad is represented to be (:3-8) three-eighths of tho wholP." This inventory was made in accordance with the Act of the Legislature requiring three railroad men of experience to examine the road and appurtenances carefully, and make out in writing an exact inventory of the same, carefully recording and setting forth the trne condition of the road itself and all appurtenances and property of every character, which should be recorded in the office of the Secretary of State and filed in the office of the Governor. It appears, however, that this inventory, although now attached to the lease, was not made until after the execution of the original lease, and therefore did not become a part of that lease. The purpose of this inventory, from the very terms of the Act, was not for the benefit of the lessees, but was merely for the purpose of the State's having in its possession an inventory of the property that has been already leased. The State, at the expiration of this lease, had another inventory taken for the purpose of settling with the lessee, but evidently with no purpose of making use of it in leasing the property to the present lessee, and in this inventory the State's interest in this building is referred to as three-tenths.
The present lessee complmy has never made any claim upon the State for the exclusive possession of said building,

938

JOURNAL OF THE HOUSE.

we suppose for the reason that it is to its interest to continue the relation with the other roads that had been established by the former lessee company.

We therefore are bound to conclude under all the facts before us that the State has leased the whole of said building to the present lessee company, and its claim that it is only ill possession of three-tenths of the building is no justification of its failure to keep its contract with the State.

We find that by resolution approved December 19, 1899, that the General Assembly declared that it was to the best interests of the State to have the complete and entire control of said building, and that the license heretofore granted by the State to the several railroads, naming them, be, and the same is revoked, and that the Governor, the Attorne)-GenPral and the SpPcial Attorney of the \V("*""1 & Atlantic Railroad were authorized and directed to make an equitable adjustment with said railroad companies for whatever interest they have in said building, and that in the event the said railroads fail or refuse to come to a fair and equitable accounting with the representatives of the State, that the Special Attorney of the Western & Atlantic Railroad, in connection with the Attorney-General was directed and authorized to take the necessary steps to bring to a close whatever relationship existed between the State and the said railroad companies.

No effort has e,er been made to carry into effect this rewlution. We attach hereto as a part of this report, the fltatement of his Excellency, Joseph M. Terrell, AttorneyGeneral at the time of the passage of this resolution, of the Honorable E. T. Brown, Special Attorney o the Western

THURSDAY 1 DECEMBER 11, 1902.

939

& Atlantic Railroad at this time, and of the Honorable A. D. Candler, then Governor of Georgia. The only ac~ion ever taken by these officers under this resolution, as appea1'S from their statement, was that at a conference with certain representatives of those railroads occupying the station, the railroads agreed that if a new station was built by the State at this place, they would waive any claims that they might have in the present building. We do not :find that this was any attempt to comply with the resolution. The resolution dealt with the present building and the direction is plain that these officers should settle any claims that these roads might have in that building, and in the event of the failure of the roads to surrender the entire control of the building, they were plainly directed by the resolution to remove the roads from the building.
We think it very unfortunate for the State that this resolution should have been adopted, for the reason that it contains admissions that might be hurtful to the State in its future dealings with these railroads, and which are not founded upon facts. It might be construed as a recognition on the part of the State of an interest these roads have in that building when all of the records of the State show that the State claims to own the whole building and has never recognized any right of these railroads to enter in said building. Again it refers to the license heretofore granted by the State to these railroads to enter the depot and revokes said license. No such license has ever existed :from the State. Whatever license these roads may have or have ever had to enter said depot is derived from the lessee of the State and not from the State itself. As the only purpose this resolution can now, or could ever have had, would be to complicate the State's rights, we recommend that the same be forthwith repealed, and we Rnb1 as the committe, with this report, a bill to repeal the same.

940

JOURNAL OF THE HOUSE.

\Ye further recommend the adoption by the Legislature of a resolution requiring the Governor forthwith to proceed under the terms of the lease Act, to compell the lessee to comply with its contract with the State and to compel the l'epair and renovation of said building, and unless immediate steps are taken by the lessee to comply with its contract, we believe that the State will suffer very great loss from the almost complete demolition of said passenger station. As we have stated in the above part of this report, the whole roof is now practically off of the shed and the entire building needs repairing and repainting, and unless repairs are speedily made the whole building will be required to be rebuilt. We therefore recommend the adoption of the attached resolution.

We further recommend that in the event the said lessee company presents as its excuse for not complying with its contract the claim that it is only in possession of threetenths of said building, that the Governor take immediate steps to eject the said Central of Georgia Railway Company, the said Atlanta & West Point Railroad Company, and the said Georgia Railroad Company from said build-
ing, and to deliver possession of the whole of said building to the said lessee company free from any claim from any of said companies whatever.
Your committee attached hereto the statements of :Mr.
J. W. Thomas, President of the Nashville, Chattanooga & St. Louis Railroad Company, the lessee of the State road, l\fr. ,J. L. Tye, Division Councel of said road, and !Ir. C. E. Harmon, General Passenger Agent of the Western & Atlantic Railroad Company.

Respectfully submitted.
R. B. BLACKBURN. E. L. RAINEY,

J os. H. HALL, Chairman.
PLEASANT A. STOVALL, W. S. ~icHENRY,

THURSDAY, DECEMBER 11, 1902.

941

Atlanta, Ga., November S, 1902.
The committee met pursuant to the call o the chairman in the Kimball House, Atlanta, Ga.

Present: :Messrs. Hall, chairman; McHenry, Stovall, and Rainey.
Maj. J. W. Thomas, being examined, testified as fol-
lows:

By 1\fn. Tuo::.rAs-
Q. Maj. Thomas what connection have you with the Nashville, Chattanooga & St. Louis Railroad 1
A. I am president.
Q. That is the company "hich leased the State road,
known as the Western & Atlantic Railroad? A. Yes, sir.
Q. Did you hold any position with the Nashville, Chat-
tanooga & St. Louis Railroad at the time that lease was made?
A. I was the president.
Q. And have been since?
A. Yes, sir. (). ~\fr. Thomas, how does the <1epot in Atlnnta compare as to its condition with the balanee of the road? A. It is hardly in as good order as the balance o the road. The roo needs repairing but that is being done at present, as I understand it, from the Board o Control.
Q. What do you mean by the Board o Control?
A. That is the State's partners, each one of them have a representative on the Board of Control. The Atlanta & West Point, and the Central of Georgia and the State road. They own only .7, and we own only .3.

942

]OURNAI. OF THE HOUSE.

Q. In speaking of the State's partners, do you mean to
convey the idea that these roads claim an interest still in that property wit.h the State~
A. They do.
Q. Has that claim been made adversely to you ever since
you have been in possession of the property~ A. It has.
Q. Is it your position that you have never been in a poei-
tion where you could control absolutely that depot since you have made that lease ~
A. We have been in the minority, .3 against .7.
Q. The other seven-tenths has been claimed by these
other roads which claim to own an interest in the depot 1 A. Yes, sir, the State admitted it in the lease, or rather
in the inventory. The building was valued at $70,000.00, and the State owned three-tenths, that was $21.000.00 in that building. That is the extent of our responsibility in my opinion.
Q. There is no such reference as that in the lease.
A. There is none in the lease but in the inventory of the property turned over to us.
Q. Have you ever applied, Maj. Thomas, as the repre-
sentative of the lessee, for the State to give you control of that property~
A. No, sir, I have never made any formal application.
Q. 1IavP yon made any demand at any time~
A. Nothing at all.
Q. In 1899 the Legislature passed a resolution or law
directing the Governor and the Attorney-General and the State's road attorney to settle the claims that these other roads made to any of that property, and if they did not recognize the State's rights to enter proceedings to turn them out of the depot. Do yon know any reason why that law has never been complied with~

THt:'RSDAY1 DECEMBER 11, 1902.

9-l:l

A. I understand some such correspondence as that took place, and the roads agreed if the new depot was built on the present location they would waive their rights to the present depot.
Q. You know it to be a fact, do you n,ot, that the State
has never recogiiized that they had any rights there~ Yon d.) know that?
A. I know to the contrary.
Q. Don't you know there has never been any contract between them and the State ? Don't you know that by
which they own an interest in the depot ~ A. I do not know that. I thought there was. Q. No, sir, there is not. A. There was correspondence with that kind back in the
seventies when the depot was built.
Q. There was no contract. There was one contract, but
that was never signed by one of the roads. A. I thought they found the contract signed by all the
roads.
Q. It was never found in the possession of the State, but
in the pos;;:ession of the Central Railroad, and only one road ever signed it. I think it was the Georgia Road that refused to sign it.
A. We have always held that we are responsible for $21,000.00, and that was as far as our liability extended.
Q. Th~~:t was three-tenths of the building~
A. Yes, sir. We have expended, that is, the Board of Control has expended, about $46,000.00 on that building since the lease. We spent sixteen thousand dollars last
year.
Q. What is that building worth, net!
A. In its present condition I suppose it is worth seventyfive thousand dollars.
Q. In its present condition~

944

JOURNAL OF THE HOUSE.

A. For the purposes for which it is being used. If you are going to tear it down it isn't worth anything.
Q. You think it is worth $70,000.00 in its present con dition?
A. I think it ir;.
<J. Don't you think that it has lleprcciate<l since the
lc'18e wns made'? A. No, sir. I think that it is in far better order.
fJ. It is in better order~
A. Yes sir, because it has an entirely new flooring. The sewers have all been renewed. The water-closets have been rcTte'l'l'<l. The tlooring was rPncwcd at a cost of $1,800.0\1 and it is :floored better than it was in 1890.
Q. The roof is not in as good condition 1 A. No, sir. Q. The paint 1 A. We are spending $4,000.00 on the roof now, as I understand it. Q. The paint is not in as good condition 1 A. No, sir. It needs painting, no doubt. The building cost $70,000.00 and we have spent forty-six thousan<i dollars on it in ten years and it seems to be that it does not admit of argument that it is in better condition than it was ten years ago. Q. How does it compare with tlw depot in Chattanooga~ A. The one in Chattanooga is a different sort of structure. Thc flooring is in hotter onlor. The roof is all right, tho fnmitnre is all of a bc>ttcr or<lcr; the waiting-rooms and dining-rooms. It has been bnilt since, you know. Q. Would you sny thnt tho depot was now in the condition required by the lease? A. I think so. It is worth more than $21,000.00, three-tenths of it. Q. T mean ont.si,lc nf the chims of these other roads.

THURSDAY, DECEMBER 111 1902.

945

.and whether the Stateput you in possession of the whole of it, please state whether it is iu the condition the State requires you to maintain the depot in ?
A. I think so. It is worth $70,000.00 for the purposes it is being used for.
Q. Now, Maj. Thomas, tell me what rental these other
roads have received for the use of that depot~ A. You mean these other partners of the State of
Georgia?
Q. Yes, sir.
A. \Vell, the four roads that come in there, called tenants, pay us $7,500.00 for the approaches.
Q. They pay that to the State road?
A. They pay it to the lessee.
Q. To the lessee?
A. They then pay to the Board of Control one thousand <l.ollars a year for the use of the building and their proportion of the expenses.
Q. They all pay four thousand dollars a year but the
Central? A. Each one pays one thousand dollars.
Q. What four roads pay that four thousand dollars?
A. The Seaboard Air Line, the East Tennessee, the Richomnd & Danville and the Southern Pacific.
Q. The Atlanta & Florida pays nothing?
A. Nothing.
Q. The Georgia Midland division pays nothing?
A. Nothing at all.
Q. How long has that lasted, do you remember?
A. I let the East Tennessee in directly the lease, the present leaRe, the Hichmond & Danville about the same time and the Seaboa:ccl Air Line when they built around they came in. There are really only two roads now, the
60 h j

946

JOURNAL OP THE Hous&

Southern and the Seaboard Air Line. The Southern hasthree branches.
Q. Then ever since that lease these other roads have-
received 7-10 of that rental of that depot, besides the free ue of it themselves~
A. It is not exactly that way. This four thousand dollars and the rent of ,the restaurant is credited to the ex-penses of the depot and then the expense of the depot iadivided among the four roads that own it.
Q. They get the advantage of it in that way? A. Indirectly, but it is not divided up seven-tenths anli
three-tenths.
Q. Do these roads pay their proportionate share of the
expenses in addition to the four thousand dollars~ A. Yes, sir.
Q. You don't know what the rent income of the depot
is? A. No, sir, I have never seen the books of the depot.
Q. Who has charge of them ?
A. The Board of Control.
Q. I mean who is the officer in charge of them~
A. Mr. Wickersham. He is the president of the West Point road and the Board of Control. Mr. Harman is our representative on the Board of Control.
Q. Do yon know what the restaurant in rented for?
A. I do not, sir.
Q. Mr. Thomas, is it not a fact that some parts o that
roof fell in ~
A. I don't know.
Q. You don't know how the roof came to be off that
portion of it, I suppose. A. From the sulphur from the smoke of the locomotives,.
Q. You don't know whether it was taken off or fell in?

THURSDAY, DECEMBER 11, 1902.

947

A. I don't know, sir. Mr. Harman can answer that question.
By !iR. McHENRY-
Q. Do you know under what claim the other roads.claim an interest in that building?
A. They claim they furnished a portion of the money to erect the building. I understand that it was back in the early seventies, and it cost $156,000.00, and they furnished seven-tenths of the money.
Q. Who did they claim furnished the other three-tenths ? A. The State of Georgia, as I understand it. It was furnished by the Western & Atlantic Railroad, which was run at that time by the State of Georgia. All that I know about it is mere hearsay.
By MH. HALT.-
Is there any further statement that you wish to make, Major?
A. Not that I know of. I have told about all that I know. Mr. Harman can answer about the roof and the rental; I don't know. I said forty-six thousand dollar~, that is in round numbers.
Q. Do you mean that covers the total expenses~ A.. We have spent that much. We have spent $16,000 this year.

Ry Mn.. TYE-
Q. Does that include puttting down the new flooring~ A. Yes, sir. Mr. Tye: We had to go to the courts last year to pref!erve the building. The city wanted to tear it down.

948

JOURNAL OF THE HOUSE.

Mr. Hall: What did you want with an injunction? Mr. Tye: They had the sanitary department there and. were nbout to tear it do\\'11. Mr. Stovall: What did they want to tear it down for~ :Uaj. Thomas: They said it was a nuisance. They did tear up the flooring. :Mr. Tye: What did that cost? :Maj. Thomas: It cost three or four thousand dollars to put the floor back they tore up. It took that to replace the flooring actually destroyed.

E. C. IlAR~IAN made the following statement:
Examined by Mr. Hall.
Question. "'hat position do you occupy with the Western and Atlantic or the Nashville, Chattanooga and St. Louis Railroad ?
Answer. General Passenger Agent of the western and and Atlantic Railroad.
Q. Before the lease of the road to the present lessee company, what J,tOsition did you occupy 1
A. I was General Passenger Agent. Q. How long did you hold that position before the old lease expired? A. I think it was about a couple of years. Q. You have been connected with the road ever since the new lease was made? A. Yes, sir. Q. In the position of General Passenger Agent? A. I was Freight and Passenger Agent for a short while. Q. I mean as General Passenger Agent? A. Yes, sir. Q. "What particularly have you had to do in connection with the depot here 1

THURSDAY, DECEMBER 11, 1902.

949

A. I represent the Western and Atlantic Railroad on the Board of Control.
Q. Describe to the committee what constitutes the Board of Control ?
A. The Board of Control is constituted by representatives of what are termed the owners of the depot; i. e., the Central Railroad, the Georgia Railroad, and the Atlanta and West Point Railroad, and the Western and Atlantic Railroad. They control the ownership of the depot. Then in addition to them, the tenants of the building have representatives who have a vote with reference to the operating expenses of the depot. The tenants are the Southern Railroad and the Seaboard Air Line.
Q. Do they all contribute their pro rata share to the operating expenses of the depot?
A. Yes, sir. Q. Do they contribute to the operating expenses above. the rental under that contract for the rental of the depot? A. You mean the rental they pay of $1,000 each? Q. Yes, sir. A. The four tenants pay $1,000 each year, and that i~ credited to the four roads owning the depot, and that amount is deducted from the operating expenses that these four railroads pay. Q. That is credited in the proportion as each one claims an interest in the building ? A. Yes, sir. Q. These other three roads during all that time have received 7-10 of that four thousand dollars? A. That is my understanding, sir. Q. That has been deducted from their part of the operating expenses of the depot? A. Yes, sir.

950

JOURNAL OF THlt HOUSE.

Q. Has the lessee company recognized their right to that during the whole time of this lease?
A. You mean as part owners ? Q. As part owners of the building? A. Yes, sir. Q. You have never made any demand on the State for the entire control of that building as the representative of the Nashville, Chattanooga and St. Louis Railroad ~ A. I have not, sir. Q. You don't know of any demand that the control of the depot be delivered to the lessee company ? A. No, sir. Q. In addition to that four thousand dollars, what does the restaurant rent for by the year? A. That is something, Mr. Hall, I really could not tell you exactly; I think it is $175 per month. Q. During the lease, have they ever received any rents from any other companY. occupying that depot during this last lease? A. I don't think so. Q. The Pullman Company 1 A. I don't remember that they ever paid any rent at all. At one time they did have a room in the building. Q. Didn't they have an office when Mr. Kontz was superintendent? Didn't he have an office down in the other end of the depot? A. I think he did. I think that was prior to the pres ent lease. I don't remember. Q. The present lease was made in 1890 ? MAJ. TnoMAS: The 21st of December, 1890. A. I don't remember. Q. You don't remember whether they have had an o:f. fice since that time or not? A. No, sir; I don't remember the exact date.

THURSDAY, DECEMBER 11, 1902.

951

Q. How did the roof get in the condition it is in now? A. I will have, if you will permit me, to go back tc :answer that question. About three or four years ago, I think, we spent three or four thousand dollars and had the roof put in, as we considered it, :first-class condition, :and all painted. At this end where the engines stop, and I suppose the sulphur from the smoke from the locomotives has eaten it away and destroyed it. We found, :about the :first of September, that the roof was in very bad -()ondition and very much like the one-horse shay, it went to pieces all at once. We had a meeting on September 20th, I think it was, and authorized a contract to be made to repair the roof. The contract has been let for about four thousand dollars. Q. Didn't part of the roof fall in ? A. Part of it fell in, and I think the unsafe parts were ton1 off. Q.. To keep it from falling in? A. Yes, sir. Q. It was removed to keep it from falling in ? A. Yes, sir. Q. Since this last lease, has the outside of that building been painted~ A. Yes, sir. Q. I mean the iron and brick-work ? A. Yes, sir. Q. Have the ends been painted since the present lease? A. Yes, sir. Q. How long since it has been painted? A. I don't remember exactly; I think within the last :five or six years, the last :five years possibly. Q. How long since any paint was put on the inside of the building ? A. I think we have had that done at least every eight
<Jr ten months.

952

]OUiilNAL OF THE: HOUSE.

Q. Not all over? A. No sir, in ti1e waiting-rooms. Q. How does the furniture in the waiting-room compare with other depots of first-class railroads in Georgia'? A. You mean the seats ? Q. I mean the general furniture. The general condition compare with other passenger depots? A. I think very favorably. Q. How does this depot compare with the Central Railroad depot in Macon, as to general repair, cleanliness, etc.? A. Very favorably.
By }.fR. McHENRY:
Q. Do you know anything about the resolution passed in 1899 with reference to that depot?
A. What resolution do you refer to? Q. 'l'he resolution calling on ti1e Governor, Attorneydeneral, with the assistance of the Special Attorney of the Western and Atlantic Railroad, to settle with the lessee and the other roads as to that depot? A. Yes sir; I remember such a resolution was passed. Q. Did these authorities meet under that resolution? Did they ever come together? A. Not that I know of. Q. Do you know o any arrangement made with the State authorities touching it? A. I simply heard a rumor that Attorney-General Terrell, I think it was, at that time, and Ur. Ed Brown, I don't remember whether in one or separate conversations, they stated that the roads, the Central o Georgia, the Atlanta and West Point and the Georgia Railroad, had agreed to waive their rights in the depot, provided a new depot was built by the roads on the present cite, and in view of the fact that an effort was being made to build

THURSDAY, DECEMBER Jl, 1902.

953

a depot on the State's p_roperty, the resolution was not pushed by the State of Georgia authorities.
Q. Do you know whether that was agreed to by all of the representatives or not 1
A. No sir, I do not. Q. Do you know what representatives entered into. that agreement? A. No, sir. Q. Maj. Thomas, do you know anything about that? J\faj. Thomas: No: I just heard that they had agreed~ and I though every railroad in the building, if the new depot was built, had agreed to it. Q. So far as the lessee was concerned, you did not know what they had agreed to ? A. No, sir.

By !In. STOVALL:
Q. When was this agreement or decision to repair the roof of the depot reached; the one y9u spoke of for about fonr thousand dollars?
A. Mr. Harman: I can not give you that right away.
By :MR. :McHENRY:

Q. You remember that there was any meeting under that resolution of 1899 ?
:Maj. Thomas: No, sir. Mr. McHenry: Did you have any represeatatiYe at all before the Attorney-General ? Maj. Thomas: No, sir. Mr. Harman: The contract to repair the roof, Mr. Stovall, was let at the meeting of the Board of Control on September 29, 1902. Q. Have the actual repairs been commenced?

:954

JOURNAL OP THE HOUS&

Mr. Harman: I don't think we have been able to get the material.
Q. I saw a man up there? A. He was tearing down a portion of it. Q. That was let in September? A. September 29th. By MR. :McHENRY: Q. Do you know anything about the conference with ihe GovHrnor and Attorney-General and Mr. Brown lead ing to an enforcement of the resolution of 1899 ? A. I have only heard of it. I was not present at it. By l.iR. Tn: : Q. When did you first discover the trouble with the roof of this depot, Mr. Harman ? A. I think it was in August. Q. Of this year ? A. Yes, sir. Q. As soon as you made the discovery of its condition did the Board of Control come together and undertake tc have it remedied? A. Well, within a short space of time. On September 2flth the Board held a meeting. The Board was called September 20th and the meeting was held on the 29th. Q. Do you know how much has been expended on that -depot since the present lessee~ have had it? A. Yes, sir; I can give it to you by years. Q. Well, suppose you just give me the gross sum~ A. $46,863. Mr. Tye: If the committee wish it, we can give you :an itemized statement. Q. ln the last two or three years how much has been .expended there ? A. During 1901 and 1902 we have spent $15,400.14.
Mr-. Stovall: That is for the past three years?

THURSDAY, DECEMBER 11, 1902.

955

A. 1901 and 1902, the past two years.

.By MR. TYE:

Q. Has the Western and Atlantic always stood ready with the Board of Control to pay its part of the expenses necef!sary to the maintenance of the depot?
A. We have always stated that as our position as to any expense necessary to keep the depot in first-class conclition.
Q. Haven't you given your personal attention to see that things were kept right and straight there?
A. Yes, sir. Q. Given it a good deal of your time to see that things were properly kept up in the building? A. Yes, sir.

By :llb. 1-IAr.L:

Q. Now, Mr. Harman, isn't it true that in making any repairs neces_sary, you have to first consult this Board -of Control ~
A. Yes, sir. Mr..J. L. TnJ made the following statement:

By l\fR. Hau.:
Q. What relation have you with the Nashville, Chattanooga and St. Louis Railroad ?
A. I am division counsel. Q. You say division counsel; your firm is counsel for what division? A. The western and Atlantic. Q. Payne & Tye? A. Yes sir; counsel for the Western and Atlantic Railroad.

956

JOURNAL OF THE HoUSE.

Q. That is the State's road? A. Yes, sir. Q. How long have you occupied that position, l\fr. Tye? A. Nine or ten years. Q. Mr. Tye, haYe you been called upon by either thl" Governor, the Attorney-General, or the State Road's attorney at any time since 1S!J9, with reference to gettmg these other roads out of that depot? A. No, sir. Q. They at no time have called your attention to the passage of the resolution in 1890, in reference to the occupancy of the depot by the other roads? A. Not mine. Q. Do you know whether they did that of :Mr. Payne?
A. I do not know.
Q. If they had done so you would have known it? A. Likely. Q. You have as much connection with the road as I\fr. Payne has? A. Yes, sir. Q. Do you know of your own knowledge whether you or :;\fr. Payne, or any officer conccted with the 'Vestern and Atlantic Railroad, ever made any application to any authorities connected with the State with reference to having the entire control of the depot delivered to the Western aud Atlantic Railroad Company? A. I do not know of anything of the kind. Q. You don't know of any such demand having been lilade ? A. No, sir.
By l\fR. Mclb:NRY:
Q. Did you ever have any notice at all from either of these officers touching that resolution of 1809 ?
A. No, sir.

THURSDAY, DECEMBER 11, 1902.

957

Q. You had no conference either with them or the other roads about it?
A. I never had any. Q. Do you know of any such conference ? A. No, sir. Q. Or if any were had at all ? A. No, sir.

lioN. J. l\L TERRELL made the following statement:
By :fiiR. HALL:
Q. This, Governor, is the special committee appointed' by the resolution of the Legislature to investigate the present condition of the passenger depot in Atlanta, with a view of seeing whether or not the lease Act has been kept with reference to that property, and if not, to see why it has not been kept. Mr. Thomas sets up, you might say, that the State has never put him in possession of but three tenths, and for that reason has no right to demand that he keep the other part in repair. The Act of 1899, therefore, came up, and the committee had Mr. Brown before it, and as you were Attorney-General at the time, we thought it was due to you to give you an opportunity to make any statement that you might desire.
A. I think Mr. Thomas was correct in his statement that the State has never put him in possession of but two tenths or three tenths, I have forgoten which, with this reservation: I think he is in possession of all the property, but the appraisement shows only two tenth as charged against him, or whatever it may be.
Q. The lease covers it absolutely? A. I thought always, that whenever Major Thomas will join the State in an effort to sue these other railroad companies, there would be no difficulty about it, but I always entertained a serious doubt about the State being

958

]OURNAL OF THE HOUSE.

able to do it by herself. We had a case involving that question before the Supreme Court last year, which was decided in the spring, in which it was held that the Stat& could not proceed without the lessee; the case of the State r.:s. The Southern Railway Company at Dalton.
Q. Do you think he would join the State under the existing condition of affairs?
A. At any rate that question has never come up with :Major Thomas as to whether he would join the State or not. It never has come up so far as I am aware.

By .Mn. !lcHENRY:

Q. Do you think that he would give up the payment of $7,500 from the three roads to come in there~
A. I hardly think he would.

By l\b. HALL:

Q. There is one other question as to whether you want to make any explanation as to why the resolution of 189!! was not enforced.
A. It was iust this: the Governor, the Special Attorney of the western and Atlantic and myself, had a conference with reference to it, and we decided to invite the railroads to a conference for the purpose of ascertaining w:iwther or not they would come to a settlement without any litigation. That conference was had.
Q. Do you remember what date that was~ A. No i I do not remember the details. Q. Was it some time about the time the Legislature met in the fall of 1900 ~ A. I could not tell you at all. Q. Was it about the time they entered that contract in which they agreed to occupy the shed if the State built it and pay six per cent. 1

THURSDAY, DECEMBER 11, 1902.

959-

A. I think it was. The different roads met here through their officers, and they agreed that if the depot. was built in accordance with the pending contract, or any other contract, that they would waive all of their claims in the matter. Now, after the Legislature failed to ratify that contract, there was a second conference had, and they stated that they would let the same agreement stand in the<Jvent a depot was built there by the State at any time.

.By MR. J\{cHENRY:

Q. Who was that agreement with? lho was present

at the conference?

.

A. I could not tell you. Major Scott was here for one,

The first time the conference was had Mr. Smith was here

representing the Atlanta and West Point, but I don't

think he was present at the second conference.

Q. Was Mr. Thomas present at all?

A. I don't think he was. I could not tell you.

Q. Was Mr. Eagan here?

A. Either Mr. Eagan or Mr. Hanson. Some one was.

here representing the Central.

By MR. HALL:

Q. I asked Governor Candler about it and he stated hehad never heard of it?
A. The meeting was held here in the office. Q. He stated that he didn't know a thing about it?

By lb; McHENRY:
Q. Major Thomas said he didn't know of any conference, but sort of heard this thing in the air?
A. I don't think Major Thomas was here. Now 1 don't remember the details of it, it was ~eft very largely

960

JOURNAL OF THE HOUS:&.

with the Special Attorney of the Western and Atlantic Road. I was Attorney-General at the time and ha<l enough other matters to attend to and thought it was a matter that he was strictly charged with, and left the details with him, but the conference was held here in the Governor's office.
Q. These roads were represented? A. .My recollection is that they were, except the Western and Atlantic. I didn't think it was a matter in which
the vV. & A. was specially interested.

By ~fR. BLACKBURN:

Q. \Vhen that conference was had, there was no contention on the part of the lessee, Mr. Thomas, or any body for him, that he was not in possession of the entire property?
A. No, I dont think that. Now, Major Thomas has always felt this way: he has always impressed me in talking with him about it that he did not want to get in a lawsuit with these people, because they were paying him something for the use of the depot, and he did not want to get into a useless row if they would waive their rights in the event a new depot was built. Looking at it from n business point of view, I thought he was right in not wanting to raise a row with his tenants. Knowing these to be his views it never impressed me that his presence was necessary.
Q. At this conference did anybody speak for the lessee
at all? A. I dont recollect anybody now. Q. They had no representatives? A. That was just one of the many conferences that
was held in reference to that depot.

THURSDAY, DECEMBER 11, 1902.

, 961

By 11R. HALL:
Q. In all the conferences that were held backwards and forwards would you say that any demand was made for the absolute possession and control of that depot?
A. No. I suggested that resolution of 1899 to 1fr. Brown, who said that he had already been discussing it with some members of the Legislature. One day he was talking about it and I suggested that it would be a good idea to get Legislative authority to proceed, etc.; that I didn't know but what we might have some litigation with these roads and I thought that it would be a good idea for him to have an act of the Legislature, and that is the way the Act of 1899 was passed, Act or resolution.
Q. Resolution 1 A. I haven't read it since we had our conference and I don't remember what it was. I am not clear about two conferences; I am only clear as to one. I thought that 1fr. Brown was keeping a record of the matter and I didn't pay as much attention to it as I otherwise would have done. I thought I was only included in the resolution rather in an advisory capacity than any other way: and I feel sure that Governor Candler felt the same way about it and that is. the reason the conferences made no impression on his mind.
Hon. A. D. Candler made the following statement:

By MR. HALL:
Q. This is the committee appointed to investigate the condition of the depot in Atlanta, and find out if the lessee had kept its contt-act, and if not, why they had not kept it. These gentlemen found that Act of 1899. l will state to you that Maj. Thomas claims now that the
61 h j

962

jOURNAL OF THE HOUSE.

State has never put him in possession ryf but throe-tenths of that building. He gives that as his excuse why he has not kept the building in repair. We asked him and also his counsel, :Mr. Tyc, if he had over made any demand for tho control of the building?
..:\. No, they have not to my knowledge.
tJ. In 1899 tho Legislature passed a resolution which
i\Ir. Brown states he drew, and which Governor Terrell tates he snggeste<l, requiring you, as then Governor, Mr. Terrell as A ttomoy-General, and "l\fr. BrmYn as Special Attorney for the State road, to come to an adjustment with ihese other roads occupying that depot as to what their interest wns that tho State might have full possession of it; that in the event they failed to come to a fair and equitable ~ccounting with tho State, directing the Attorney-General to take steps to remove them from the depot. \Ve hau Mr. Brown before us and he stated that you and Mr. Ter roll and himself had a conference with certain railroads about that.
A. With the three roads interested in that depot. Q. With reference to that Act?
A. Yes, sir. Q. And that you decided after the roads agreed that in tho event the State built there they would surrender whateYcr rights they had, that it would be better policy not to attempt to enforce the resolution ? A. I remember that very distinctly. \Ve had a repre sentative from the Southern, the Georgia, the Atlanta & \Vest Point present at that conference. That resolution was read and explained, and theY, agreed, I think :M:r. Scott made the motion, that tho roads would surrender all claims they had whenever the State was ready to build a depot there. Then, as to the other portion of the resolu

THURSDAY, DECEMBER 111 1902.

963

tion instructing them to put them out, I simply left that io the law officers and paid no further attention to it.
Q. They agreed that they would surrender what .claims they had if the State built a depot there.
A. I remember distinctly they stated that they were rcatly to surrender all claims whenever the State was ready to erect a new depot; whenever the State wanted it for tho purpose of a now depot. I remember talking to 1lr. Brown about it, I think probably :Mr. Brown drafted the rc;;olution, and while I have not seen it since, I think it required an adjustment to be made by reqmring them to pay rent to tho State, and they came up and stated that the,Y were ready to surrender whenever a new depot wa>o built there. I don't remember whether the language was, when the State wanted it to build a depot there, or when any body wanted to build a depot there.
Q. Was the ]egsee represented? Was :Maj. Thomafl there?
A. At the meeting held in my office? Q. Yes, sir.
A. I could not testify definitely about that. If they
were not there I do not remember it. Q. They testified that they never had any notice o
the meeting, that they merely knew of it by n1mor. A. l\fy recollection is that they were all representecl
by some one. As they were in possession of the depot and the lessees they were not much involved in it any way.
Q. Can you tell the committee why it is that the.} have pennit'ted that depot to get in the condition it is~
A. No, I cannot. Q. Have yon seen the depot at Macon recently, Gov
<'l'TIOr.
A. I have not noticed it particularly.

964

jOURNAl., OF THB HOUS&

Q. How does the depot here compare with the depots of first-class roads ?
A. It is the worst in the country. Q. You don't regard it as good as the Macon depot? A. No, I do not. It is the worst in the country so far as my obs~rvation has gone. Q. Do you know of anything in the way of the State requiring them to put that depot in repair ? A. Nothing in the world. Q. Do you know any rea!!on the State could not use. the deposit for that purpose if they do not do it? A. No, I do not. I think they could be required to put it in repair. I don't think they could be required to build a new one, but I think they are bound to keep this one in repair.

By MR. McHENRY:

Q. Do you know of t11eir spending $46.000.00 since the lease and $16,000.00 in the last two years on that building?
A. ~o.
Q. They claim that they have spent $46,000.0':' on the building during this lease?
A. I am not an expert in this sort of work, but I don't know where they put it.
Q. You have had some experience in that sort oi work?
A. I have been with railroads. Q. In your opinion could not a better depot be built for $46,000.00 t A. I think !!o. Q. To say nothing of repairs ? A. I think so. Q. An original structure for $46,000.00?

THURSDAY, DECEMBER 11, 1902.

965

A. I think so, there is nothing expensive about that. Q. It is all open building, nothing in the world but a shed? A. That is all. Q. They say they spent four thousand dollars for the flooring? A. The contrnctor must have made some money. They put in some sewers. A. Tlwy don't claim that as part of the $4,000.00. A. I remember when the floor was torn up, but I don't remember their having put in a new one.
By ~fR. IlAu :
Q. Is there anything else you would like to state ~ We thought it due you to be heard from~
A. I will say in justice to myself, that after that meeiing with the representatives of the railroads in which they agreed to surrender all claims that they had in the building if a new depot was built, I left the matter in the hand& of the law officers of the State and paid very little attention to it. I believe that they can be compelled to put that depot in order under their contract.

Q. They have not carried out their contract in that
respect~
A. I don't think so.
By ~b. :McHENRY:
Q. They have never made any complaint to you that they were not in possession ~
A: I never heard of that before. Q. They have never demanded possession ~

966

JOURNAL OF THE HOUSE.

A. Never. Q. :From your observation would you say that that depot was in as good condition as the rest of the property of the State road ? A. I never did think it was in as good condition. Q. As a railroad man, is the present condition of the depot in keeping with the business that the road 1s now doing or should do ? A. I think not.

By 111R. HAn :
Q. Is that depot in a condition for the safe and expeditious transaction of the business of the road?
A. I don't think so. I think that is a self-eYident proposition.
Q. Or commensurate with the demands of the busi-
ness'~
A. No.
Statement of Mr. E. T. Brown, Spc>cial Attorney of the Weetern & Atlantic Railroad:
In reference to the Act of 1899, l\r. Brown stated "l prepared this Act and brought it to the attention of the General Assembly.
"The particular object I had in view was to definitely settle t11e attitude of the Atlanta & West Point Railroad Company, and the Georgia Hailroad Company and the Central of Georgia Railway Company in reference to the present carshed, in the erection of which they had contributed certain pro rata amounts.
"It was necessary to do this, in the opinion of the State authorities having in special charge the question of the erection of a new union passenger station upon the prop-

THURSDAY, DECI<:MBER 11, 1902.

967

erty of the State, before this work could be carried on, in the event all the railroads entering the present shed should finally consent to come into the new station and become tenants of the State.

"In compliance with the instructions contained in the
Act of 18!J9, Governor Candler, Attorney-General Terrell and myself, on April 4, HIOO, addressed a joint letter
to M:.essrs. ;r ohn 1L Egan, Vice-President and Genera1
Manager of the Central of Georgia Railway Company; Geo. C. Smith, President of the Atlanta & West Point Railroad Compan,v, and Thomas K. Scott, General 1Ianager of the Georgia Railroad and Banking Company, a copy of which is as follows:

"We hereby direct your attention to the enclosed copy of a joint resolution passed by the General Assembly at its last session.

''In pursuance of the terms of this resolution, we reque5t that you, in person, or by proper representative, meet with us at the Executive Office in the Capitol, at Atlanta, at 10 o'clock a.m. on Monday, April 16, 1!)00, for the purpose of making an equitable adjustment of the matter~ set forth in this resolution.

"Trusting we will be able to make an equitable and

amicable adjustment of the matter, we remain.

"

"In compliance with this notice, the above named gentlemen, with the attorneyR representing them, met Ub in the Executive Office at the Capitol on April 16, 1!)00. At that meeting, these representatives of the above named roads ag1eed to give up all rights they might have in the present union passenger station whenever the State neede<l the ground for the erection of a new station, and would agree to pay rent to the State for the use of the

968

JOURNAL OF THE HOUSE.

new depot when built. This agreement, in the opinion of Gov. Candler, Attorney-General Terrell and myself, was satisfactory for the reason that it accomplished, without litigation, the end desired in view of the then probability of building a new depot.
"It must be remembered that at this time the State's representatives having in charge the erection of a new depot were bending their best endeavors to accomplish this end. It was well understood by all of us, at that time, that there wme several roads opposed to coming in into a new depot erected by the State upon the present site, and I well knew that if snit had been filed against the above mentioned roads that the State would have been charged with an attempt to drive tl1ese roads out of the station instead of endeavoring to get them to join in the project of securing a new depot, erected and owned by tlw State.
"As the statute of limitations did not run against the State all rights which the State has under the Act of 1899 conlcl he enforced at any time.
"In addition to the foregoing, it was absolutely necessaty, in order to secure the new depot on the present site, that the State and the Georgia railroad should be upon amicable terms. The eaRtern entrance to the present carshed, and to the new one if it had been built, had to be through the yards and over the land of the Georgia Railroad.
"I would add that it has so turned out under the decision of the Supreme Court in the case of the State vs. Sonthern Railway Company, in reference to the right of way this side of Dalton, that even if these suits had been filCll, they could not have been maintained, as the court held in the foregoiD.g case that the State would not have

THURSDAY, DECEMBER 11, 1902.

969

nny right of action until the tennination of the present lease.
"This case was pending m whitfield superior court at that time, and I felt satisfied it would reach the Supreme Court and this point be determined before any rights of the State could be jeopardized, in view of the agreement reached. Results have fully justified this opinion."
The following bill was also taken up for the purpose of agreeing to the Senate amendments, to wit:
By Messrs. Candler and Mayson of DeKalb-
A bill to create a board of commissioners of roads and revenues for the county of DeKalb.
Amend section 1 by striking out in line 4 of said section the word "enacted," and insert in lieu thereof the word "created."

The amendment was non-concurred in.

Owiug to the absence of certain members Senate bills Nos. 37 and 41 were tabled.

On motion of Mr. Slaton of Fulton, Senate resolution No. 21 was tabled.
The following Senate resolutions were read the third time and put upon their passage, to wit:

By :Mr. Howell of the :35th district-

A resolution authorizing the Brumby Memorial Association to erect a monument on the Capitol grounds.

970

JOURNAL OF THE HOUS!t.

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

On passage of the bill the ayes were D5, nays 0.

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

By :Mr. Perry of the 33d district-

A joint resolution requesting our representatives and Senators in Congress to have the United States reimburse this State in certain Indian war claims.

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 D2, nays 0.

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

By l\fr. Ledford of the 40th district-

A bill to change the time of holding the superior courts of Union county.

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.
The bill having received the requisite constitutional majority, was passed.
:Mr. Davis moved that a committee of conference be appointed to confer with a like committee from the Senate on the amendments to the general appropriation bill, m which the House refused to concur.

THURSDAY, DECEMBER 11, 1902,

971

The speaker appointed. as such conference committee Messrs. Davis, Hall, Reid.

The next Senate bill for a third reading was:

By Mr. Rountree of the 16th d.istrict-

A bill to amend section 982, volume 1 of the Code, so as to make the city of Swainsboro a State depository.

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

On passage of the bill the ayes were 90, nays 0.

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

On motion of :Mr. Brinson of Decatur, Senate bill No. 56 was tabled.

By Mr. Worsham of the 22d district-

A bill to incorporate the Forsyth school district.

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.
The bill having received the requisite constitutional majority, was passed.
On motion of l\Ir. Slaton of Fulton, Senate bill No. 49 was tabled.
By Mr. Davis of the 17th district---:-
A bill to amend an Act to incorporate the tmvn of Midville, in the county of Burke.

972

jOURNAL OF THE HOUSK.

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

On passage of the bill the ayes \Vere 92, nays 0.

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

On motion of :Mr. Jones of Dougherty, Senate bill No.

55 was tabled.

.

The following message was received fro~ the Senate

through Mr. Northen, the Secretary thereof:

Mr. Speaker:
The Senate has receded from its amen,dment to the following House resolution, to wit:
A resolution to appropriate $15,000.00 for the purpose of making necessary repairs on the Capitol building.
The Senate has agreed to the request of the House fot a committee of conference on the bill known as the general appropriation bill, and has appointed as said cimmittee Senators Hopkins, Davis and Comas.
A motion was made to table Senate bills Nos. 56, 60, 61 and 68, which motion prevailed.
The following resolution was read and adopted, to witt

By Mr. Grice of Pulaski-

Resolved, That all bills and resolutions now pending before the House and not finally acted on, be carried over to the next sessio_n.
On motion of :Mr. Wellbo:rn the House adjourned until !I o'clock to-morrow.

FRIDAY, DECEMBER 12, 1902.

973

Atlanta, Ga. Friday, December 12, 1902.

The House met pursuant to adjournment at 9 o'clock a.m. this day; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called and tht~ following members an swered to their names :

Adams, A.kln, Alexander, Alford, Almond, Arnold, Ayres, Haldwln, Heall,
H~uchamp,
Hell or lJlmanuel, Hell or l\111ton, Hlackburp, Booth, How en, Bower, Hoykln, 1.\tlnson, Hrock, Brown. Bruce. Huchan. Huchannon, Hurton, Hush, Butts, Ualvin,

Candler, Cann, Carr, Uarrlugton, Uarswell, Ullatt, Uonl1t:r, UooK, UtowarUe, Utuwbly,
Dave~.
Davis, Davison, Deal, Derrick, Dozlet, Duckett,
Uug-~uu.
Dunbar, Edwurcls,
I<Jn~llsh,
Ennis,
Evnu~.
!''elder, l!'ields, Flanigan, l<'Iynt.

Foster or Oconee,

l<'o~ter or '!'owns,

l<'ranklln,

l<'Ut!sell,

Gaulden,

George,

Glenn,

Grenade,

Urlce,

Grlmn,

Hall,

Hardeman,

Harden,

Hawes,

Hayes,

Hendry,

Henry,

HlckR,

Hixon of Unrroll.

Hixon or Sumter,

Holder,

Houston,

Howard or Haldwtn,

Howard of Laurens,

Howell,

-.~~

Hutchel!lon,

' Johnson of Haker,

974

JOURNAl. OF THE HOUS&.

Johnson of Cllnch, McHenry,

Shackelford,

Johnson of Crawrord,McLaln,

Shannon,

Jones or Dougherty, :\1cHae, Jones or l'lckenl!, Newton,

Singletary,
.IJ ..
Slaton,

Kelly,

Nisbet,

Spence,

Kendrick,

Owen,

Stanfotd,

Kent,

Overstreet,

Steed of Carroll,

Kilburn,

U'(Juinn,

Steed of 'l'nylor,

Knight, Knowles,

l'arker, l'ate or Dooly,

Stewart, Stovall,

,

Lane,

l'ate of Gwlnuett, Strickland,

Lanier,

~ 'aulk of Cotree,

'L'horupson,

J,a wrence,

l'aulk or irwin,

Thurman,

Leigh,

Peyton,

'l'igDet,

Little,

l'hillips of Jetrerson, Tracy,

Lowe,

Phillips of Quitman, Underwooa,

l\Iann, ,\laples, l\Iartin, l\Iayson, Miller of Bullock, l\IIller of l\1uscogee, Mills, Mitcham, 1\lltcllell, Mizell, Morton, ;\loses, l\Iulberin, McBride, McCurry,

l'reston,

Valent.lne,

Proctor,

\Valker of Monroe,

Rainey,

Walker of Pierce,

Rankin,

warren,

Rawls,

Watson.

Hedwine,

\Velcb,

Reid,

Wellborn,

Rice,

West.

J:Uchardson. Ridley,

Whitley, Wilson,



Hogers Rogers Roper,

of of

Hall. Mcintosh.

Wise, Womble, Wooten. Yates.

Rountre.

l\Ir. Spealer.

Sanders,

l\fc:Mlruurray.

~lr. Flanigan reported that the .Jonrnal of yc~terday's proceedings had been examined and found correct.

The reading of the .Tournal was dispensed with on motion of Mr. Howard of Baldwin.

By unanimous consent the follo,ving bill, known as the franchifle tax bill, was taken np for the purpose of agreeing to the Senate amendments, to wit:

FRIDAY, DECEMBER 12, 1902.

975

By ~Ir. Reid of Campbell-

A bill to provide for the taxation of all special fran chisos, prescribe tho method for the return and payment of ~nch taxes, and for other purposes.

On motion of Mr. Candler of DeKalb, all the Senate amendments to the above bill were non-concurred in.

The following message was received from the Senate through ~Ir. Northen, the Secretary thereof:

11fr. Speaker:

The Senate has passed the following House bills by a requisite constiti.1tional majority, to wit:
..:\. bill to incorporate the Marble Hill school district, in Pickens county.
A bill to prohibit the sale of intoxicating liquors, bitters and ciders in the county of Stewart.
A bill to amend the charter of the town of Doerun, in Colquitt county.
A bill to incorporate the town of Bostwick, in Morgan county.
A bill to incorporate the town of Dudley, m Laurens county.
bill to amend the charter of the city of Cordele, m Dooly county.
A bill to amend the Act establishing a dispensary m Athens, Ga.
A bill to incorporate Young's Tanyard school district, in Coweta county.

076

JoURNAL OF THE HoUSE.

A bill to protect fish and regulating fishing in Clayton county.

A bill to amend an Act establishing public schools m Jesup.

A bill to establish a system of public schools in Bowdon, Carroll county.

A bill to amend the charter of the town of Sylvester.

A bill to create Zebulon school district, in Pike oounty.

The Senate has receded from its amendment to the following House bill :

A bill to amend an Act creating a board of commissioners of roads and revenues of Rockdale oounty.

The Senate has passed the following House bill a~ amended:

A bill to amend the charter of the town of Bowden.

The following message was received from the Senate through :Mr. N orthen, the Secretary thereof:

Mr. Speaker:
The Senate has refused to pass the following House resolution, to wit:
A resolution looking to the improvement of the acoustic properties of the Hall of the House of Representatives.
The Senate has passed, by the requisite constitutional majority, the following House resolution, as amended, to wit:

FRIDAY, DECEMBER 12, 1902.

977

A resolution authorizing the Governor to borrow money to supply casual deficiencies.

The Senate has passed, by a requisite constitutional majority, the :following House resolutions:

A resolution to make an appropriation to meet the deficiency of the Public Printing :fund.

A resolution to pay pension o:f M. D. Hattaway to Martha L. Hattaway.

A resolution to pay pension o:f I. H. Stewart to Mrs. E. W. Stewart.

A resolution to Pll:Y Mary S. Jarrard the pension due .her husband.

A resolution to pay J. F. DeLacy his salary as solicitorgeneral :for quarte~ ending December 31, 1901.

A resolution to pay Abbie Renew the pension that was due her husband.

A resolution to pay the administrator o:f Patrick J. :Sullivan, late Senator :from 18th district, the amount of per diem and mileage that would have been due him at the -close of the present session. _
A resolution to pay Mrs. R. W. Laird the pension thai -was due her husband.
The Senate has passed the :following House bill by the -requisite constitutional majority, to wit:
A bill to be entitled an Act to pay off and retire certain bonds o:f the State, and :for other purposes.
62h j

978

jOURNAL OF THE HOUSE.

The Seuate has rdnsed to recede front its a11wndmmtt mHl asks that a collfPrcHce cmmnittee he appointed. 011 tll(~ following Honse bill, to \rit:

A bill to ('l'Pilte a hoard of road;; all(l revcnnos for the emmty of ])d\alb, atHl has appoi11totl as snch eullnnittee Senators TmtH'I', \\'orsham all(l ~lerritt.
.\s rccmtJIIJOIHle<l by tho CmJilllitt<'c on Hules, tht summer t<essioll hill \\as tak(n up, the same haYing beou Yetoetl by the GoYemor, for tho pnrpose of passiug the same O\'Cr his ExePlleuey's wto, to wit:
By ]\fr. Skelton of tho 31st <listrict-
A bill to challgo tlw time of meeting of the General Assembly from the fonrth \\retlnos<lay in October to the fonrtlt \\'odnosdny in ,Jnne, all(l for other pnrpose:3.

Tho veto messngo of the Governor was rca<l, which was as follows :

To tlle Senate:
I respectfully return to the Setwto, \\ithont lll,\' ap-
proval, St>nate hill No. 2D, to chang-e the tinw of the meeting of tlw Qpneral "\ssembly from the fonrtl1 \\'tdnPsda,r iu Oetob(r to thC' fnnrth \\'cdnt>sday ill .Tnne.

SlHml<l this bill hPromc a law, tho nPxt sp,.:~ion of tlln 0C'IlPJ'a] "\~Sl'l!l!J]_v \\'OU]d ('011\'('llP Oil t]H fonrtlt \\'(thH'S' dny in ,funP, 1!10::, awl the spssim1 thPr(after n11 thP fonrth \\rP<lliC',.;dny in .Tmw, 1 DO-J.. ThP first ;;poinn r,f tl1P snr~C'P<ling CmHr:tl "\s;;mnhly wonld romtnP on the fonrth
\\'('(h!C'Sday ill .TmJP, 1no;;, TltC' Con;;ti tnt iflll reqn il'('S
the GPneral "\ssttnhl,v to C'atlYass the rPtnrn:=; of tlH' clet'-

FRIDAY, DECEMBER 1~, 1902.

979

tion for Gm'erllot and State Honse officers at the firs! session aftl)l' their electioll. The snccc~sors of the prc~eut incmnlllmto;; will l1e clceted 011 the first Wed!lcsday in Oetober, 1UO+, lmt: muler the elumge contemplated Ly tlw provisio11s of this hill, the retums for this election conl~\ not be c:w\as,.;ucl all\l the rewlt declared until the f011rth \retlllesday ill .June, 1UO!l, thereby adding eight nwlltlts to the tenus of the present Govenwr and State Honse oJlicers.
While it may he that this bill is not co11tray to the lettl'I of the Constitut.ioll, I emt hut feel that the extensicm of the prescit t terut,; of these officers for a periOll so long a~ eight montlts is violative of its spirit.
The chaugn will nC'P<'ss:uily disorganize the extstm~ fiscal conditions of thP StatP, as will appear from the cor-
respondence bct\\'<'Pn the tr<'asnrPr and myself, copy of which is hr-tr-to at tal'hc<l, mHl in this emmnction I h<"g to
call your attention tn the provisions of l'nbsectiou 1', of section 1!)!) of v<>lmue 1 of the Colle rPlatiug to the lluty of the tremmrcr, :md \\hielt is as follow:;:
"Jle shall pn,v nll fnll(h pl0dge<l to the payment of
the public dPht, or inter0st tltcrl'mt, or to mty object of cdncation, and to thPsc ohjods only, all(l in no wise to any other pnrpo~<'s. .\11 pa_Y1lll'llts from the t.r<"l1Sllr.v shall he paill from the fnll(l appropriated for snt"h pnrpos0, awl not from a11~ other."
The p1;misions of th0 Co(le alHl the fncts stntl'<l i11 the Trensllrl'r's ll'ttcr make JllntlifP~t graYC' finmti<"nl di;:i nltil's in tlw way of snl'h n l'liHJig'P.
r For thl'~P l'<':l~!IIIS rl'tnrn t.lJ(' hill wit]Jo\lt 111,\' llJ'Jl1'1i\'al.
.T. :\1. TEI:I:ELL,
Oon'l'll<il'.

980

JOURNAL OF THE HOUSE.

Copy of correspondence between the Governor and Treasurer above referred to :

December 10, 1902.
Hon. Robert E. Park, State Treasurer, Atlanta, Ga.
DEAR Sm: I have before me for consideration Senate bill No. 29, which proposes to change the time of the meeting of the General Assembly from the fourth Wednesday in Oetober to the fourth Wednesday in June of each year. If this bill be~omes a law the next session of the General Assembly will eonvene on the fourth Wednesday in .June, Hlm1, and in view of the fact that in leving the taxes for 1902 the expenses of only one session of the Gen-eral Assembly were contemplated, I desire to ascertain from you whether the condition of the treasury during the months of June, July and August of next year will authorize the payment of the expenset~. of a session of the General Assembly held at that time.
Very truly yours,
J. M. TERRELL, Governor.

STATE OF GEORGIA,
Atlanta, l)ecember 10, 1902.
Treasury Department.
Hon. J. M. Terrell, Governor of Georgia, Atlanta, Ga. DEAR SIR: yours of this date, stating that you aes1r~
to ascertain from me whether the condition of the treasury during the months of J un~, July and August of next year, would authorize the payment of the expenses of a session

FRIDAY, DECEMBER 12, 1902.

981

of the General Assembly held at that time, is just at hand, and I hasten to say in reply that while the probabilities are that we will have the funds to meet the expenses, that they have already been appropriated for other purpose~>, and if used it must be at the expense of these appropriations.
Yours very truly,
R. E. PARK,
Treasurer of Georgia.

The previous question was called and the main question ordered.

On the passage of the bill the ayes and nays were ordered, and on taking the ballot viva voce, the vote was as follows:

Those voting in the affirmative were Messrs.-

Alexander,

Alford,

Almond,

Ayres,

Baldwin,

Beall,

Bell ot Emanuel,

Bell ot Milton,

Booth,

Bowen,

Boykln,

Brown,

Bruce,

... ~ ....

Buchan,

Buchannon,

Burton,

.,
~-

Bush, Butts,

),
'

~o

Calvin, L:.

...

"

Candler,

Carr,

Carrington,

Carswell,

Cllatt,

Cook,

Cromartie,

Crumbly,

Daves,

Deal,

Derrick,

Dozier,

Duckett,

.-

Duggan,

Edwards,

Fields,

Flanigan,

Flynt,

Foster ot oconee,.

l!'oster ot '!'owns, r'ranklln, li'usse.U, Gaulden, George, Glenn, Grenade, Grice, GrUHn, Hawes, Hayes, Hendry, Hicks, Hixon ot Carroll, Hixon ot t!umter, Holder, Houston, Howard ot Laurens, Johnson ot Baker,

9H2

}OGRNAL OF THE HOuSE.

Johnson of Ulinc!J, l\Iulherin,

ltiehard:;,on,

Jones of Dougherty, 1\lcBride,

!Utlley,

Jones of l'ic!{t~ns, l\lcli:lmurray,

Hogen; of Hull,

Kelly,

:\lcLain,

Rogers of l\lclntosh,

1\:endricl,,

''l\!(Hae,

Houutree,

Kent,

.l\'ewton,

~haekelfonl,

Kilburn,

Nisbet,

Shannon,

Knight,

U1erstreet,

~iugletary,

Lane,

U'tlninn.

~laton,

Lanier,

Parker,

~lH 1 JHe,

Lawrence,

l'ate of Dooty,

~taufonl,

LPig-h,

l':ne of Gwinnett, Stcttl of Carroll,

Little,

l'aull;: of Uotfee,

~tf~\Y:ll"t,

J\lann,

l'a ulk of Irwin,

Rtriekland,

Maples, l\Iurtin, Mayson, Miller of Bulloe!;:,

l'l'yton,

Thompson,

Phillips of Jetrerson, Tr:tey,

Phillips of Quitman, \'alent ine,

I 'reston,

"'alkm of Momoe,

l\Iiller of .:lluscogee, l\Iills, :!\I itcllam, l\Iitcilell, 1\lorton,

Proctor, Hainey, Hankin, Hawls, HC'flwine,

'" Pllllorn, "'hitley,
'Vise, "'omble, Yates,

Moses,

Hice,

Those voting in the negative were }.[e~;<r~.-

Ac1ams, Akin, Arnold, Beaucl1:1mp, Btnrklmrn, BtnYer. Brinson, Cann, L'onnet, naYis.
DaYi~on,
English, EYn.ns.

Felder,

Owen,

Hall,

Heid,

Hardeman,

~t!'ed of 'l'aylot,

I-Iwrden,

~to ntll,

Jipnry,

Thlll'lllan,

Howard of Baldwin, rrigner.

Howell,

Underwood,

Hutcheson,

'Yalker of Pierce,

Lowe,

'Vnl'l'en,

l\1 i:r.ell,

'Vest,

Jll cCurry.

'Vil>:on,

1\lcilenry,

Wooten,

FRIDAY, DECEMBER 12, 1902.

983

Those not voting were 111:essrs.-

'llrock,

Knowles,

Dunbar,

Hoper,

Ennis,

Sanders,

.Johnson of Urawford,

"'atson, "\Velch, 1\Ir. Speaker.

The roll-call was verified.
On the passage of the bill, notwithstanding the Governor's vct.o, the ayes were 128, nays 37.
The hill having received the requisite three-fourths majority, was passed over the Governor's veto.
Tho following committee of conference was appointed to confer with a like committee from the Senate on the nmemlnH'llts offeret1 by the Senate to the franchise tax bill: 1\fcssrs. Candler, Aiken, Stond1.

Tho following message "as r0ceivo<l from the Senate through :i\Ir. N orthen, tho Secretary thereof:

lk Speaker:
Tho Senate h~1s rdnsetl to rece<le from all of its amendments, awl asks fm a conference committee up~>n the following Honse hill, to wit:
A bill to he 0ntitle<l an .Act to provide for and reqnire the paynwnt of tnxrs on all spe>cial franchises, and for other purposes.

Tho ('Ommittee on part of Senate: Senators Davis, Perry, Skelton.
Tho following message was received from thu Senate .through ~fr. N orthon, the Secretary thereof:

984

]OURNAL OF THE HOUSE.

Mr. Sp_ealcer:
The Sen~te has concurred in the House amendments tothe following Senate bills, to wit:

A bill to be entitled an Act to amend section 691 of volume 3 of Code of 1R95, and for other purposes.

A bill to incorporate Forsyth school district, in :Monroe county.

The Senate has passed by a requisite constitutional majority, as amended, the following House bill, to Wlt:
A bill to amend the charter of the town of Oakland, in, the county of Fulton.
The Senate has passed by a requisite constitutional majority the following House bills, to wit:
A bill to regulate the sale of all syrups and adulterations. thereof.
A bill to abolish the office of special agent of the West- ern and Atlantic Railroad.
The following message was received from the Senate through Mr. N orthen, the Secretary thereof:

Mr. Speal;el':
The Senate has passed the following House bill by a re- quisite constitutional majority, to wit:
A bill to amend the charter of the city of Americus.

The Senate has failed to pass the following House bill,.. to wit:

FRIDAY, DECE'dBER 12, 1902.

985-

A bill to repeal an Act creating a board of commissioners of roads and revenues for the county of walton.

The Senate has passed the following House bills by a requisite constitutional majority, to wit:

A bill to include Sandersville in the list of State depositories.

A bill to establish the city court of Tifton.
The Speaker appointed the following confer~nce committee on the amendment to House bill No. 150: 11essrr,. Mayson, Underwood, Booth.

Mr. Miller of Muscogee, moved that in the consideration of the general tax Act, all debates be limited to five minutes, and that the previous question be called not later than 11:30 o'clock, which motion prevailed.

The general tax Act, which was made the special order for this time, was taken up for the purpose of agreeing to the Senate amendments, to wit:

By Mr. Reid of Campbell-
A bill to provide for the levying of a tax for the support of the State government, and for other purposes.

The following message was received from the Senate through Mr. N orthen, the Secretary thereof:
J.'!'lr. Speaker:

The Senate asks that the House return to it the following House bill that was passed by the Senate, to wit:

A bill to abolish the city court of Clarkesville.

986

JOURNAL. OF THE HouSE.

The Senate n~ks for the retnrn for the purpose of making eerta!u nmendmen ts.

The following message was recei \ed from tho Senate 1hrongh ).I r. Xorthou, tlw Secretary thereof:

Jfr. Speaker:

The Senate lws passe<! tho fullowing llouse bills hy arequisite eonstitntionnlm:1jority, to \\'it:

A l>ill to rep0al an Ad to establish a city conrt of ( 'larkcsrillc, in the county of Habersham.

:\bill to anlP!Hl the charter uf the city of A11gnsta.

:\ hill to proicet fish in the streams of Bartow eonnty.

.\ hill tn prn,idc for estahJi,_hment of a <lispensary in :\1 illedgc\illf', D:1ldwin eonnty.
The Senate has passnd tlw follrming ] louse hill as anJtJHl('d by n r0qnisitc <onstitntimwl majority, to wit:
:\ bill to in<'Ol'JlOI':dt! the <ity of Hussrdl, i't the eounties of .Taekson nml \\'alton.
The following J'rsolntions \rero introdncPd, road the first time an<l adopted, to wit:
By -:\fr. 1\'ellhom of enion--
,\ rr.~olntion prori<ling that a stat(ment of unfinished l>u~ine,;s hC' sent t]u; Jnembet;.t of t!tP Gennal Assrlllh1,v.

Dy -:\lr. \Ycllborn of Union-
,\ resolution proYilling for tlte completion of unfinished lmsim~ss of this session.

FRIDAy, DECEMBER ] 2, 1902.

9R7

On 111otiol1 of ~fr. Cahin uf RiclmwJHl, Senate bill No. 1:~ was tablell.

Ou nwtion of .:\lr. Cahin of Hiehmoll<l, Senate bills Xo:::.. -1-l and Gil were taken f1om the table all(] placed on the eal<>n<lar.

The fnllowillg" mc~c;np:c was reeeind from tho Senate throngh ).lr. 1\orthen, tlw Sc>nl'tnry th(']"eof:

1ll r. S pcal.-er-;

T!Jc Senate has :1gn~e<l to the nport of the coEfere11ce COIIlmittrr 011 the following Jlon,.;c bill, to wit:

A Lill to erentl' a hoanl of eomnli,.;,;imH't's of roatls all(] J;c;clllH'S for the cmmty of Dcl\alb.

:\IC'ssrs. :\fny~on, lrnderiYOCid :111(1 Booth, who compose1l the ennnnittce of ('onfcrf'II<'P to confpr with a like COlli mittec from the Senatr 011 t]l(' amcndmollts to House bill Xo. 150, Slthuitte<l the follO\\ing report:

lllr. Speal.:cr:

Ycnu cmmnittcP, compose<! of :\f<ssrs. 2\Iayson, T_~n<ler wood all'l Booth, eollforcnee fommi ttee 011 tlw parr of the
Jlonse, lni\'C lu1<lnndn consideration Honse hill No. 150, with a lilw connllittce on tho part of the Senate, reports tlwt we haYc ~gTccd to the :unrllllm('nt offere<l hy the Sen ate, n))(l l'('S]Wdf!dly ask that tlw House l'8Ccde from its position. The committee propo:<es to amend further as follows: Amend h,'' striking ont tlw mmls ".Tanuar;," in the secon<l ]inc of the 10th srdion of said bill mHl insert therein the word ''Febrnary."

Al:::n, am('JHis fnrther hy adding at the ('11d of said sec-

988

JOURNAL OF THE HOUS:S.

tion 10 the following words: "The last registration list made for the last general election shall be taken as a test asto who shall be entitled to vote at said election."
Respectfully submitted.
J. vV. MAYSON, chairman.

Tlie following message was received from the Senate tlnough Mr. N orthen, the Secretary thereof:

Mr. /::Jpeal.:t>.r:
The Senate has passed the following House bills by a requisite constitutional majority, to wit:

A bill to incorporate the Hopeful school district, m Mitchell county.
A bill to authorize the issuance of bonds in the town of Jasper, Pickens com1ty.
A bill to incorporate the town of Vidalia, in Montgomery county.
A bill to repeal an Act in reference to the dispensary at Camilla, :Mitchell county.
A bill to amend an Act creating a board of commissioners of roads and revenues for Hart county.
A bill to cede to the United States jurisdiction over certain land in Athens, Clarke county.
A bill to amend an Act establishing a system of publiC" schools in Marshallville.
A bill to provide for a dam across the Savannah river~

FRIDAY, DECEMBER 12, 1902.

989

A bill to fix the time of election of officers in certain <Jities.

The Senate has passed the following resolution, in w11ich the concurrence of the House is asked :
A resolution for joint committee to investigate and report on the practi()ability of granting certain charters by .Secretary of State or judges of superior court.

The committee on part of Senate: Senators Perry and :Skelton.

The following message was received from the Senate through :Mr. Northen, the Secretary thereof:

.Mr. Speaker:
The Senate has passed the following resolution, m which the concurrence of the House is asked:
A resolution fixing the hour of adjournment of the Gen-eral Assembly at 6 o'clock p.m. thi11 day.
The general tax Act was again taken up for the purpose -of agreeing to the following Senate amendment:
The Senate proposed to amend by striking out all o section 18.
The previous question was called and the main question -ordered.
On the adoption of the amendment, Mr. Akin o Bartow, called for the previous question, ~hic!I call was sustained, and on taking the ballot viva voce the vote was as follows:

990

JOURNAL OF THE HOUSJC,

Those voting in the affirmative were Messrs.-

Alexander, Alford, Almond, Hell of .I!Jmanuel, lllackiJurn, Booth, Bowen, Boy kin, Brown, Bruce, Bucl!annon, Burton, Bush, Butts, Calvin, Cann, Carr, Carrington, Carswell, Cliatt, Cook, Crumbly, D!lVi!Jon, :uerrick, Dozier, Dunbar, Evans,

Ji'eluer,

;\lite hell,

Fieltls,

;\I ulllerin,

l<'ostet or oconee. J\lcllride,

Fmner or '!'owns, LllcCurry,

Franklin,

:\ldienry,

George,

~isiJet,

Grenade,

l'a te or Gwinnett.

Griee,

Peyton,

Grittin,

l'hillips or Jetterson..

I-lal'{!eman,

l'hillips of Qu!trnan,

Hartl en,

Hainey,

Hawes,

Hillley,

Ha:res,

Uogers of ::uclntosh,

Hicks,

Rountree,

Houston,

Shackelford,

Howard or Hal<lWIO, Singletary,

Howar<l or Laurens. ~laton,

.Johnson or Bak,.,. Steed of 'l'aylor,

.Johnson of Clinch. ~trick land,

.Jones or Dougherty, Tigner,

Kelly,

rrracy,

Little,

\\"atTen,

1\Iann,
:1a~son,
:\iller of ~luscogee, ~lite ham,

\Yellbom, West, \Vooten, Yates.

Those voting in the negative were Messrl!.-

Adams, Akin, Ayres, Baldwin, Ben uchamp, BPII of l\lilton, Bo\vet, Cnnd!Pr, Conner, Cromartie,

De.1J, iluggan,
Flanigan,
Fussell, (;nulden,
fi}Pllll,
Jlnll. Hendry, Henry, Hixon or Carroll,

Holder, Howell, Hutcheson, .Jones of l'ickenl', Kent, Lmw. J.pigll,
Lowe, ::l[nplel!l, :l[artin,

FRIDAY, DECI<:MBER 12, 1902.

99i

llliller of Bullock, l\Iills, l\Iizell, Morton, l\lcl!llw urray, l\IcLain, l\lcHae, Newton, Parker, Pate of Dooly,

l'aulk of Co!Iee, Preston, Proctor, Hankin, Hawls, Hedwlne, Held, l:t!ce, H!chardson, Spence,

Stanford, Steed of Carroll, 8tewart, Thurman,
U mlerwood, Valentine, \\'alker of Monroe, \Yalker of Pierce, \Yomble,

Those not ,oting "ere :1\fessrs.-

Arnold, .Beall, Brinson, Brock, Buchan, Dave:s,
Da~ls,
nuckett, l!Jdwards, English, Ennis, Flynt, Hixon or Sumter.

.Johnson of Crawford, Rogers of Hall,

Kendricl,,

Roper,

Kilburn,

Sanders,

Knight,

Shannon,

Knowles,

Stoyall,

Laniet,

Thompson,

J.awrence,

\\ <ttson,

l\loses,

\Velch,

Owen, Overstreet, O'Quinn, Paulk of Irwin,

Whitley, \Vi! son, Wise, 1\Ir. 8peaker.

On motion of Mr. Steed of Taylor the verification of the roll-call was di-spensed with.
On the adoption of the Senate amendment the aye;; were 79, nays 58. Senate amendment Atriking section 1R of Tax Act was therefore agreed to.
The hour of adjournment having arrivetl, the Spcaktr annlUnced the H lllSC aclj<Hit'tJed until ;3 o'clock this a!'ternoon.

992

JOURNAL OF THE HOUSE.

3 O'clock p.m.

The House reconvened at this hour and was called to order by the Speaker.

'!'he roll was called and the 1ollowing memberd answered to their names :

Adams,

Aklu,

Alexander,

Alford,

Almond,

Arnold,

Ayres,

.Baldwin,

.Beall,

Beauchamp,

Bell or lllmanuel,

Bell or Milton,

Blackburn,

Booth,

Bowen,

Hower,

Hoy kin,

Brinson,

'\'

Brock,

Brown,

Bruce,

'Buchannon,

Burton,

Hush,

Butts,

Calvin,

Uandler,

Uann,

Uarr,

()arrington,

Carswell,

Cllatt,

Conner,

Cook,

:t" ;~

Utomartie,

Uruwbly,

Davis,

Vavlsou,

Deal,

Derrick,

Dozier,

Duckett,

Duggan,

Dunbar,

llldwards,

lllngllsh,

lllnnis,

lllvans,

!'elder,

Fields,

Flanigan,

Flynt,

l~'oster or Oconee,

Foster or '!'owns,

l<'ranklln,

Fussell,

Gaulden,

George,

Glenn,

Grenade,

Grice,

Grlmn,

Hall,

Hardeman,

Harden,

Hawes,

Hayes,

Hendry,

'

Henry, Hicks, Hixon or Uarrou, Hixon of Sumter, Holder, Houston, Howard or .Baldwin, Howard or Laurens, Hutcheson, Johnson or .Baker, Johnson or uunch, Jones or Dougherty, Jones or l'lckenll, Kelly, Kent, Kilburn, Knight, Lane, Lanier, Lawrence, Leigh,
Little, Lowe, Mann, Maples, Martin, Mayson, Miller or Bullock, Miller or Muscogee, Mills, Mitcham, Mitchell, Mizell, Morton,

FRIDAY, DECEMBER 12, 1902.

993

.Moses.

Proctor,

Stewart,

Mulherin, McBride, .McUurry, McElmurray

Hainey, Rankin, Rawls, Redwine,

Stovall, Strickland, Thompson, Thurman,

McHenry,

Reid,

Tigner,

.McJ,aln,

Rice,

.rracy,

l\lrltae,

Richardson,

Underwood,

.Newton,

Ridley,

Valentine,

Nisbet,

Rogers of Hall,

Walker of Monroe,

-Qwen,

Hogers of Mcintosh, Walker of Pierce,

Overstreet,

Rountree,

Warren,

O'(Julnn,

Sanders,

~ell born,

Parker,

Shackelford,

Pate of Dooly,

Shannon,

Pate of Gwlnnett, Singletary,

Paulk of Uol!ee,

Slaton,

Paulk of Irwin,

Spence,

Peyton,

Stanford,

Phillips of Jelleraon, Steed of Carroll,

Phillips of Quitman, Steed of Taylor,

West, Whit!Py, Wilson, Wise, Womble, Wooten, Yates. Mr. Speaker.

Preston,

Those nbsent were Messrs.-

Buchan, Daves, Howell,

Johll.l!on of Crawford,Uoper,

l{endrick,

Watson,

Knowles,

Welch,

The following message was received from the Senate through Mr. Northen, the Secretary thereof:

Mr. Speaker:
The Senate has concurred in the following House resolutions, to wit :
A resolution providing for a statement of the unfinished -business of the present session.
A resolution for the completion of the unfini;;hed business of the present session.
68 hj

994

]OURNAI. OF THE HOUSE.

The Senate has adopted the report of the conference committee on the bill known as the general appropriation bill, and has agreed to a new committee of conference on the amendments as to which the first committee of conference failed to agree, and have named as such committee on the part of the Senate: Messrs. Harrell, Middlebrooks and Hudson.

The Senate has passed by a requisite constitutional majority the following House resolution, as amended:

A resolution for the relief of the We;;tern and Atlantic Railroad.

By unanimous consent Messrs. Howell of Merriwether and Ayres of Polk were granted leave of absence for the rest of the session.

The following resolution was read and unanimously adopted, to wit:

By Mr. Calvin or Richmond-

A resolution tendering the thanks of the House to Mrs. Maud Barker Cobb, postmistress of the General Assrmbly, for her courtesy and efficiency in the administration of her duty.

Mr. Felder of Bihb moved that the House reconsider its action in adopting the Senate amenclment to strike out section 18 of the "General Tax Act,'' which motiou was lost.

The following message was recei vel! ftom the Senate through Mr. Northen, the Secretary thereof:

FRIDAY, DECEMBER 12, 1902.

995

i'rf1'. S pealcer:
The Senate bas refused to recede from its amendments to the bill known as the General Tax Act, and refuses to concur in House amendment to Senate amendment as to tax on social clubs, and asks a committee of conference. Has appointed as such committee, Senators Smith, Van Buren, Lee.

The following message was received from the Senate through l\ir. :Northen, the Secretary thereof:

llfr. Speaker:
The Senate has passed by a requisite constitutional majority the following House resolution :
A resolution to pay the stenographer of Committee on Governor's Message, relating to Western and Atlantic Depot.
Mr. Flynt of Spalding, arose and stated that he had just learned of the death of the mother of the Hon. Emmett Owen of Pike, and moved that the gentleman from Pike be granted leave of 11.bsence for the' rest of the session, which motion prevailed.
The Speaker appointed the following committee of conference on the amendments to the General Tax Act : Mr. Reid, Mr. Mulherin, Mr. Phi.llips of Jefferson.
The Speaker also appointed the following committee of conference to confer with a like committee from the Senate on the amendments to the "Appropriation Bill:'' Messrs. Steed of Taylor, Flynt, Hawes.

996

JoURNAL OF THE HOUSE.

The following message was received from the Senate through Mr. Northen, the Secretary thereof:

.M.1. Speakc1': 'The Senate has failed to pass the following House bill:

A bill to establish a dispensary iu Hamilton, Harris -county.

The following Senate resolution was read and lost, to wit:
.By Mr. Perry of the 33d District-
A resolution providing for ~he appointment of a committee to investigate the practicability of granting city -charters or amendments by Secretary of State or judges of :Superior court.

'The following Senate bills were read the third time and put upon their passage, to wit:

By Mr. Park of the 37th District-
A resolution to inquire into the present city and county adoptions of text-books in the State of Georgia and f(lr other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the resolution the ayes were 74, nays 32.
The resolution having failed to receive the requisite constitutional majority was passed.

FRIDAY, DECEMBER 12, 1902.

997

By Mr. Howell of the 35th District-

A bill to amend section 2017, volume 2 of the Code, relative to the granting of corporate powers to insurance companies and for other purposes.

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 tl6, nays 1.

The bill having received the requisite constitutional majority was passed.

By Mr. McMichael of the 24th District-
A bill to amend sections 1840 and 1841 of the Civil Code, relative to banking and insurance companies, etc., and for other purposes.
The committee offered a substitute for the above bill which was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On passage of the bill the ayes were 90, nays 1.
The bill having received the requisite constitutional majority was passed by substitute.
By Mr. McMichael of the 24th District-
A bill to authorize street or suburban railways to extend their roads into adjoining States, and for other purposes.

998

JOURNAl. OF THE HOUSE.

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 93, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. McMichael of the 24th District-

A bill to authorize street or suburban railway companies to increase their capital stock.

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 93, nays 0.

The bill having received the requisite constitutional majority was passed.

On motion of Mr. Bower of Decatur, House resolution No. 31 was tabled.

By Mr. Sweat of the 5th District-

A bill to make penal the adulteration of spirits of turpentine, 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 62, nays 33.

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

FRIDAY, DECEMBER 12, 1902.

999

Mr. Bower of Decatur, moved that the session be extended until 5:30 o'clock.
Mr. Hall of Bibb, moved as a substitute, that the session be extended until 6 o'clock p.m., which motion prevailed.

By Mr. Van Buren of the 21st District-

A bill to repeal an Act to reduce the salary of the treasurer of Wilkinson county, 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 !]ill the ayes were 92, nays 0.

The bill having received the requisite constitutional
. majority was passed.
By Mr. Harrell of the 8th District-

A bill to amend section 982, volume 1 of the Code, so as to make Pelham a State depository, 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 93, nays 0.

The bill having received the requh.ite constitutional majority was passed.

By 1\lr. Park of the 37th District-

A bill to amend an Act to create a dispensary in the city of LaGrange, and for other purposes.

1000

JOURNAL OF THE HOUSE.

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

On passage of the bill the ayes were 90, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Hopkins of the 7th District-

A bill to amend the charter of the city of Thomasville~ 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.

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

By Mr. Hopkins of the 7th District-

A bill to incorporate the town of Merrillville, in the connty of Thomas.

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.

The bill having received the requisite constitutional majority was passed.

The following message was received from the Senate through Mr. Northen, the Secretary thereof:

FRIDAY, DECEMBER 12, 1902.

1001

Mr. Spealter:
The Senate has agreed to the report of the conference committee on the bill of the House to provide for taxes on special franchises.

The Senate has agreed to the report of the conference committee on House Bill known as general appropriation bill.

The following message was received from the Senate through Mr. Northen, the Secretary thereof:

Mr. Speaker :
The Senate has agreed i, the House substitute for fol-
lowing Senate bill :
A bill to amend section 1840-1841 of the Code of Georgia 1895, volume 2.

The next bill for a third reading Wa'l by Mr. Jordan of the 28th District-

A bill to appoint a commission to investigate the feasibility of establishing agri.mltural schools in each congressional district, and for other purposes.

On motion ot Mr. Slaton the above bill was tabled.

By Mr. Middlebrooks of the 27th District-



A resolution fixing 6 o'clock this evening for the hour of adjourning sine die.

The resolution was tabled.

1002

JOURNAL OF THE HOUSE.

The following resolution was read and adopted, to wit :

By Mr. Kelly of Glascock-
A resolution, providing that the Governor return House Bill No. 247 to the House for correction.

Mr. Steed of Taylor, Mr. Hawes and Mr. Flynt, who constituted the committee of conference to confer with a like committee from the Senate on certain amendments to to the "General Appropriation" bill, submitted the following report :

On the report of the conference committee the previous question was called and the main question ordered.

On the adoption of the report Mr. Hall called for the ayes and nays which call was sustained and on taking the ballot viva voce the vote was as follows :

Those voting in the affirmative were Messrs.-

Alexander, Almond, Arnold, Bell of Milton, Booth, Brown, Bruct, Bush, Butts, Carr, Uarswell, Crumbly, Davis, Davison, Dozier, Evans,

Franklin,

Paulk or Uolfee,

Grenade,

H a w is,

Grlttln,

Richardson,

Hawes,

Hidley,

Hixon or Unrroll, Rogers or Hall,

Hixon or 8umter, Shackelford,

Howard of Baldwin, Slaton,

Howard or Laur"ns, Steed or Uarroll,

Jones or Dougherty, Steed of ~aylor.

Keily,

Stewart,

1\IIller of l\Iuscogee, Strickland,

Mills,

\Varren,

Moses,

Wellborn,

McBride, : 1\IcUurry,

West, wnson,

McElmurray,

Wise,

..

FRIDAY, DECEMBER 12, 1902.

1003

Those voting in the negative were Messrs.-

Adams, Akin, Alford, .Baldwin, .Beauchamp, Bower, .Boy kin, Brinson, Buchan non, Burton, Calvin, Oandler, Uann,
Cartln~on,
Uliatt, Oonner, Cook, Oromartle, Deal, Dunbar, Felder, .l<'lelds, Flanigan, Foster of Oconee, l!'ussell, Gaulden, tllenn, Grice,

Hall, Hardeman, Harden, Hayes, Hendry, Henry, Hicks, Houston, Hutcheson, Johnson of .Baker, Johnson of Ollnch, Jones of Pickens, Kent, Lane, Leigh, Little, Lowe, Mann, Martin, Millet of .Bullock, Mitcham, !rii tchell, Mizell, Morton, McHenry, McLain, McHae, Newton,

Nisbet, Overstreet, Parker, l'ate of Dooly, Paulk of Irwin, Phillips of Quitman,
Proctor, Hainey, Hankin, Hedwlne, Hice, Rogers of Mclntosb, Hountree, Singletary, Spence, Stanford, Stovall, Thompson, 'l'hurman, Tigner, Tracy, Underwood, Valentine. Walker of Monroe, Walker of Pierce, Whitley, Womble, Yates,

Those not voting were Messrs.-- I

Ayres, He all, Bell of Emanuel, Blackburn, Bowen, Brock, Buchan, Daves, Derrick,

Duckett, Duggan, Edwards, English, Ennis, Flynt, J'oster of '!'owns, George, Holder,

Howell, Johnson of Orawford, Kendrick, Kilburn, Knight, Knowles, Lanier. Lawrence. Maples,

1004

}OURNAI, OF' THE HOUSE.

lllayson, Mulherin, Owen, O'Quinn, Pate of Gwinnett, Peyton,

Phillips of Jelterson, Shannon,

Preston,

'Vatson,

Held,

Welch,

Roper, Sanders,

Wooten, Mr. Speal{er.

By unanimous consent the verification of the roll calf was dispensed with.

On the adoption of the report of the committee the ayes were 48, nays S3, therefore the report of the committee was not adopted.

On motion of Mr. Franklin of Washington the House adjourned until 8 o'clock this evening.

8 O'clock p.m.
The House reconvened at this hour and was called to order by the Speaker.

The roll was called and the following members answered to their names :

Adams, Akin, Alexander, Alford, Almond, Arnold, Ayres, .Baldwin, Beauchamp, Hell of Emanuel, Bell of Milton, Blackburn, Booth, Bowen,

Bower, Boy kin, .Brinson, Brock, .Brown, .Bruce, Buchan, Buchannon, Burton, Bush, Butts, Calvin, Candler, Cann,

Carr, Carrington, Carswell, Cllatt, Conner, Cook, Cromartie, Crumbly, Davis. Davison, Deal, Derrick, Duggan, Dunbar,

FRIDAY, DECEMBER 12, 1902.

1005

English,

I<.ilburn,

Rainey,

.l!Jnnls,

Knight,

Rankin,

.l!Jvans,

Knowles,

Rawls,

Felder,

Lane,

J:tedwlne,

l<'lelds,

Lawrence,

Held,

l<'lanigan,

Leigh,

Rice,

.l!'lynt,

Little,

Richardson,

l<'oster of Oconee, Lowe,

Ridley,

.l!'oster or 'l'owna, Mann,

Rogers of Hall,

J<'ranklln,

1\laples,

Rogers or Mcintosh,

l<'ussell,

Martin,

Rountree,

Gaulden,

Mayson,

Shackelford

George,

Miller or .Hullo.:ll, Shannon,

Hlenn,

Miller or Muacogee, Slaton,

Grenade,

)!Ills,

Spence,

Grice,

Mitcham,

Stanford,

Grlttln,

Mitchell,

Steed or Carroll,

Hall,

Mizell,

Steed or 'l'aylor,

Hardeman,

Moses,

Stewart,

Harden,

Mulherin,

Stovall,

Hawes,

McBride,

Strickland,

Hayes, Hendry,

McCurry, McElmurray,

Thompson, 'l'hurman,

Henry, Hicks,

McHenry, McLain,

Tigner, '!'racy,

Hixon of Carroll, McRae,

Underwood,

Hixon of Sumter, Newton,

Holder,

Nisbet,

Houston,

Overstreet,

Howard or Baldwin, O'Qulnn,

Howard of J,aurens, Parker.

Uutchel!lon,

Pate or Dooly,

.Johnson of Baker, Pate or Gwlnnett,

Johnson of Clinch, Paulk or Cotree.

Walker of Monroe, Walker of l'ierce. Warren, Wellborn, West, Whitley, Wilson, Wise,

Jones of Dougherty, Jones or l'lckens,

Phillips Phlllips

of of

QJ eut ri temr saonn,' wyWoomotbenle, .

Kelly, I<endrlck,

Preston, Proctor,

ates.

Mr. Speaker.

' .J

Kent,

Those absent were Messrs.-

Beall, Daves,

Dozier, Duckett,

Edwards, Howell,

1006

JoURNAL OF THE HOUSE.

Johnson or Orawrord,Paulk or Irwin,

Lanier,

Peyton,

Morton,

Roper,

Owen,

Sanders,

Singletary, Valentine, 'Vatson, Welch,

At the request of Mr. Hall of Bibb, Mr. Strickland and Mr. Johnson of Clinch were excused for the rest of the session.

By unanimous consent the ehwator boy was excused for the rest of the session.

The following bills were taken up and the Senate amendments concurred in, to wit:

By Messrs. Slaton, Blackburn and Houston of FultonA bill to amend the charter of Oakland, and for other
purposes.

Amend by inserting a new section before repealing clause as follows:

Section 3. It is further enacted that the provisions of this Act shall not become effective only after the proposition to increase the tax vote of said corporation as indicated has been submit"ed by the city council of Oakland to the qualified voters of said municipality with reasonable notice of election, and after said proposition to increase the tax rate has recei\ed the affirmative vote of two-thirds of said qualified voters who vote at such election. The vote of said two-thirds of said qualified voters cast in favor of the provisions of this Act shall make this Act effective.

By Mr. McLain of Cobb-

A resolution for the relief of the W. & A. R. R. Co.

FRIDAY, DECEMBER 12, 1902.

1007

The Senate proposed to amend by adding, "Provided, however, that the provisions of this resolution shall not become operative until said provisions have received the approval of the mayor and two-third of the city council of said municipality.

The above amendment was non-concurred in.

The following message was received from the Senate through Mr. Northen, the Secretary thereof:

Mr. Rpea ke1 :
The Senate has adopted the report of the conference committee upon the House bill known as the general tax Act.
The following message was received from the Senate through Mr. Nort.hen, the Secretary thereof:

Mr. Speaker:
The Senate has agreed to the Hou!le amendment to the following Senate bill :
A bill to amend the charter of Thomasville.
The Speaker appointed the following new committee of conference on the amendments to the appropriation bill to confet with a like committee from the Senate, to wit: Messts. Grice, Mitchell, West.
The Speaker appointed the following committee to visit the Agricnltnml College under Resolution No. 25, to wit: Messr,.;. Omuer, Leigh, Rountree, 'Valkerof 1\Ionroe, Fu.;-

1008

JOURNAL OF THE HOUSE.

sell, Dozier; Flynt, Boykin, Griffin, Arnold, Peyton, Alexander, Stewart.

The Speaker appointed the following committee to visit the State University under resolution No. 97: Mr. Calvin, Chairman; Hardeman, McCurry, Ridley, Hall, Howard of Baldwin, Miller, Stovall, George, McHenry, Hixon of Sumter, Carswell, Mitcham, Owen, Overstreet, Butts.

The following message was received from the Senate through Mr. Northen, the Secretary thereof:

~11r. Speaker:
The Senate has appointed the committee on conference on the disagreement to amendment No. 11 of Honse bill, known as general appropriation bill, as follows: Turner, Van Buren, Christie.
The Senate has receded from its amendment to the House resolution for relief of the Western & Atlantic Railroad.
The following message was received from the Senate through Mr. Northen, the Secretary thereof:

JIJ". Speake1':
The Senate has appointed the following conference committee on amendment known as lOth section to House bill known as franchise bill: Dodd, Smith, McMichael.
The following message was received from the Senate through Mr. Northen, the Secretary thereof:

FRIDAY, DECEMBER 12, 1902.

1009

Mr. Speaker:

The Senate has appointed a new conference committee on amendment of the Senate to the appropriation bill, known as amendment No. 11, to wit: Messrs. Jordon, Symons, Lee.

The speaker appointed the following new committee of conference on the amendments to the Franchise Tax Act : Messrs. George, Slaton, Felder.

Mr. Felder asked to be excused from serving on the above committee. He was excused and the Speaker appointed Mr. Hall of Bibb.

Mr. Grice, chairman of the conference committee on the part of the House to confer with a similar committee of the Senate on the Senate amendment No. 11 to section 5, of the general appropriation bill, reports as follows:

JJfr. Speaker:

Your committee met with the conference committee of the Senate, and after a conference had, your committee and the Senate committee failed to agree, and recommends the appointment of another conference committee.

Respectfully submitted.

MR. GRICE, Chairman. MR. WEsT, MR. MITCHELL.

The following message was received from the Senate through Mr. Northen, the Secretary thereof:
64 h j

1010

JOURNAL OF THE HOUSE.

Mr. Speaker:

The Senate has appointed the following committee of conference on amendments 4 and 7 of Tax Act: Park, Tisinger, Harrell.

The Speaker appointed the new committee of conference on the general tax act, to wit : Messrs. Overstreet, Howard of Baldwin, Shackleford.

The Speaker also appointed the following committee of conference on the ''General Appropriation Bill:" Messrs. Calvin, Bower, Felder.

The following bills were tabled, to wit: Senate Bills Nos. 27, 44, 49.

The following Senate bills were read the third time and put upon their passage, to wit:

By Mr. Tisinger of the 25th District-

A bill to incorporate the town of Atwater, in the county of Upson.

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.

The bill having received the requisite constitutional majority was passed.
By Mr. Comas of the 3d District-
A bill to prescribe rules which shall govern the transportation of the dead, and for other purposes.

FRIDAY, DECEMBER 12, 1902.

1011

The report of the committee, which was favorable to the 4>assage of the bill, was agreed to.

On motion of Mr. Hardeman, the above bill was tabled.

On motion of Mr. Tigner of Muscogee, the action of the House in not passing Senate resolution No. 27, was reconsidered, and the bill was tabled, on motion of Mr. Tigner.

The next bill for a third reading was .By Mr. Snead of the 29th District-

A bill to increase the number of terms of the superior court of Richmond county, and for other purposes.

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

On passage of the bill the ayes were 94, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Snead of the 29th District-

A bill to amend section 4315 of the Code of Georgia, so as to remove the restriction of holding only two terms of the superior court in the several counties of this State, 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.

1012

]OURNAL OF THE: HOUSE:.

The bill having receivt>d the requisite constitutional majority was passed.

On motion of Mr. Slaton, of Fulton, Senate Bill No. 74 was tabled.

Mr. Calvin, Mr. Felder, and Mr. Bower, who composed. the conference committee to confer on Senate amendment to section 11 of the appropriation bill, submitted the following report:

Mr. Speaker:

Your conference committee appointed to meet a similarcommittt>e on the part of the Senate, to confer in reference to section 11 of the general appropriation bill, which proposes to appropriate the public property fund (now in the treasury), for the purpose of paying the interest on thepublic debt, beg leave to report that they are unable toagree, and ask to be discharged,
Respectfully submitted.
MARTIN V. CALVIN, Chairman.
T. s. FELDER,
BYRON BowER.

Mr. George of Morgan, chairman of the committee oD conference to confer with a like committee from the Senateon amendments to the franchise tax bill, reported that thecommittee could not agree and recommended that a new committee of conference be appointed.
The Speaker appointed as conference committee to confer with like committee from the Senate on amendments to the franchise tax Act., to wit: Messrs. Cann, Knowles. and Wilson.

FRIDAY, DECEMBER 12, 1902.

1013

Senate Bill No. 27 was tabled on motion of Mr. Slaton -of Fulton.

The next Senate bill for a third reading was

By Mr. Lee of the 44th District-

A bill to authorize the Governor to require the Attorney-General to perform without extra compensation the
duties of the special attorney of the Western & Atlantic
Railroad.

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 98, nays 0.

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

By Mr. Comas of the 3d DistrictA bill to amend an Act to amend section 752 of the
Penal Code which relates to the transfer of indictments. 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 94, nays 0. The bill, having received the requisite constitutional ma-
jority, was passed.
The next bill for a third reading was By Mr. Clarke of the 14th District-
A bill to incorporate the town of Chester, in Dodge
~ounty.

1014

JOURNAL OF THE HOUSE.

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.
The bill, having received the requisite constitutional majority, was paseed.
The Speaker appointed the following new committee of confereuC!} on amendments to the general appropriation bill: Messrs. Hardeman, Baldwin, Shannon.

The following message was received from the Sen ate through Mr. Northen, the Secretary thereof:

111r. Speaker:
The Senate has appointed the following committee of conference on the disagreement of the two Houses on the general tax bill: Messrs. Hightower, Hudson, Harrell.
The Senate. has appointeJ the following committee of conference on the disagreement of the tW<) Houses on the general appropriation bill: Mesgrs. Snead, Perry, Atkinson.
The following message was received from the Sen ate through Mr. Northen, the Secretary thereof :
JJfr. Speaker:
The Senate has passed the following resolution :
A resolution that the Senate stand by its action in refer- ence to "public property fund."

FRIDAY, DECEMBER 12, 1902.

1015

The Senate has receded from its amendment to the franchise tax bill, known as section No. 10.

The undersigned members of the committee of conference to confer on House Bill No. 179, known as the General Tax Act, submitted the following report:

lllr. Speaker:
Your committee of conference on part of the House, m connection with a similar committee on the part of the Senate, have had under consideration the matters of difference between the House and Senate on House Bill No. 179, known as the General Tax Act, as con~ained in Senate amendments Nos. 4 and 7, and report that the two committees were unable to agree.
Respectfully submitted. E. K. OVERSTREET, J. D. HOWARD, T. J. SHACKELFORD,
Committee on Part of the House.
On motion of Mr. Lane of Sumter Senate Bill No. 101 was tabled.
On motion of Mr. Hawes of Elbert House Bill No. 102 was tabled.
The next bill for a third reading was
By Mr. Sweat of the 5th District-
A bill to amend an Act to establish the city court of Douglas.

1016

JOURNAL OF THE HouS&

. 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.

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

By Mr. Hightower of the 9th District-

A bill to amend an Act to incorporate the town of Newton.

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,

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

The Speaker appointed the following new conference committee on the ~enate amendments to the "General Tax Act:" Messrs. Overstreet, Howard, Shackelford.

The House concurred in the amendments to the following House bills, to wit:

By Mr. Reed of Campbell-

A resolution to authorize the Governor to borrow money to supply casual deficiencies.

By Messrs. Steed and Hixon of Carroll-
A bill to amend an Act to incorporate the town of Bowdon.

FRIDAY, DECEMBER 12, 1902.

1017

By Mr. Underwood of White-

A bill to amend section 642, volume 3 of the Code, relative to putative fathers.

By Mr. Thompson of Hall-

A bill to provide for the removal of obstructions from the streams of Hall county.

The following message was received from the Senate through Mr. Northen, the Secretary thereof:

M1. Speaker:
The Senate has agreed to the report of the conference {)ommittee on the tax bill.

The following new conference committee was appointed to confer on Senate amendments to the general tax Act, to wit : Messrs. Hayes, Hixon of Sumter, Blackburn.
The Speaker also appointed the following committee of conference on the general appropriation bill : Messrs. .Hardeman, Baldwin, Shannon.

The following bill was taken up for the purpose of coneurring in the Senate amendments, to wit:

By Mr. McElmurray of Burke-
A bill to establish the city court of Waynesboro and for other purposes.
On the adoption of the amendments offered by the Senate, Mr. George of Morgan called for the ayes and nays, which call was sustained, and on taking the ballot viva voce the vote was as follows:

1018

JOURNAL OF THE HOUSE.

Those voting in the affirmative were Messrs.-

t\.dams, Akin, Alford, Almond, Bea '..Jchamp, Br:ll of Jl.lilton, Booth, Boykill, Brown, .Bucl1aunon, Burton, Bush, Candler, Carr, Carswell, Conner, Davison, Deal, Duckett, English, EvanH,
Foster of Oconee, l<'ranl>:lin, Gaulden, George, Glenn, Grice,

Grittin, Han, Hawes, Henry, Hicl;:s,
Hixon of Carroll, Holder, Houston, Tolmsou of llal;:er, Jones of l'ickens, Kendricl;:, Kent, Kilburn, Lawrence, Leigh,
l\lann, 1\Iaples, l\Iartin, 1\Iayson, :\iller of nul!o('k, l\Iills, l\Iitcham, l\lizell, l\Iorton, 1\IcRride, McElmurray,

McLain. Newton, Nisbet, O\erstreet, O'Quinll, Parker, Pate of Dooly, Paulk of Coffee, Paulk of lnYin. Phillips of Jefferson, Phillips of Quitman.
!'reston, Proctor, Hankin, Hedwine, Hice, Hogers of Hall, Hogers of l\lclntosh,. nountree, Shackelford, Spence, Thompson, 'Vanen, Whitley, "'om hie. "'ooten,

Those voting in the negative were 1Iessrs.-

Alexander, Bowet, Btocl;:, Butts, Carrington, Cliatt, Cook, Crumbly, Daves, DoziPt',

Duggan,

l\liller of l\luscogee.

Dunbar,

l\Ioses,

l<'telds,

l\IcCurry,

Fussell,

Richardson,

Grenade,

Ridley,

Harden,

Singletary,

Hutchesou,

Wellborn,

Jones of Dougherty, 'Vilson,

Lane,

Yates,

FRIDAY, DECEMBER 12, 1902.

1019

Those not voting were Messrs.-

Arnold, Ayres, Baldwin, Beall, P ..lil of .Imanuel, Blackburn, Bowen, Brinson, Bruce, Buchan, <Jalvin, Cann. <Jromartie, Davis, Derrick, Edwmds, Ennis, Felder, Flanigan,
I'lynt, Fostet of Towne, Harder nan, Hayes,

Hendry,

!toper,

Hixon of l:lumter, Sullllers,

Uoward of Baldwin, Shannon,

Howard of Laurens, Slaton,

Howell,

Stanford,

.Johnson of <Jlinch, Steed of <Jal'l'oll,

.Tohnson or <Jrawford,Steed of 'l'aylor,

Kelly,

Stewatt,

Kni~ht,

Sto\all,

Knowles,

Strlduand,

Lanier,

Thurman,

Little,

'l'igner.

Lowe,

Tracy,

l\Iitchell,

Untkrwood,

:\Iulllerln,

Valentine,

1)1cHenry,

"'alker of 1\Ionroe,

l\Tcltae,

'Yalker of Pierce,

Owen,

"'atson,

Pate of Gwlnnett, Welch,

Peyton,

West

Hainey,

Wise,

Haw is.

1\Ir. Speaker.

Reid,

By unanimous consent the verification of the roll-call was dispensed with.

On the adoption of the Senate amendments the ayes were 79, nays 28.
The amendments were therefore adopted.

The Speaker appointed the following new conference committee on the "General Tax Act" to confer with a like committee from the Senate, to wit: Messrs. Hayes, Hixon of Sumter, Blackburn.

The following message was received from the Senate through Mr. N orthen, Secretary thereof:

1020

JOURNAL OF THE HOUSE.

Mr. Speaker:

The Senate has adopted the following resolution : A resolution to carry over all bills and resolutions not acted on to the next session of the General Assembly.
The following Senate resolution was read and concurred
lU:

By Mr. Hopkins of the 7th :

A resolution that all bills and resolutions not disposed of at the present session shall be carried over as unfinished business to the next session of this General Assembly.

The following hill was read and the Senate amendment concurred in, to wit:

By Mr. Flynt of Spalding-
A bill to amend an Act to provide for the employment of inspectors of roads and bridges and for other purposes.
The following message was receiv~d from the Senate through Mr. Northen, the Secretary thereof:

JJlr. Speaker:
The Senate has adopted the report of conference committee on public property <:lanse of general appropriation bill.
The following resolution was read and tabled on motion {){ Mr. Slaton of Fulton, to wit:

FRIDAY, DECEMB~R 12, 1902. By Mr. Evanu of Washington-

1021

A resolution providing that the House recede from its position as to the. use of the public property fund, the disposition of which iA made iu a Senate amendment to the general appropriation bill.

The following message was received from the Senate through Mr. Northen; the Secretary thereof:

lib. Speaker:

The Senate has concurred in the House amendments tothe following Senate bill, to wit:
A bill to amend section 752 of the Criminal Code.

On the adoption of report of the conference committee submitted by Messrs. Hardeman, Ba.ldwin and Shannon~
who were appointed to confer with a lili:e committee from the Senate on the amendments offered to House Bill No~
159, the ayes and nays were ordered, and on taking the
ballot viva voce the vote was as follows:

. Those voting in the affirmative were Messrs.-

Alexander, Almond, Arnold, Baldwin, Bell of Emanuel, Bell of Milton, Blackburn. Brock, Brown, Burton, Bush, Cann, Carr,

Carswell, Crumbly, Davis, Davison, Dozier, Dunbar, Evans, li'lelds. Franklin, Grenade, Grimn, Hardeman, Hawes,

. rJ~

Hayes, Hixon of Carroll, Hixon of Sumter, Howard of Baldwin~ Jones of Dougherty, Jones of l'lckens, Kendrick, l{nowles, Miller of Muscogee~ Mitcham, Mizell, Moses, Mulherin,

1022

]OURNAL OF THE HOUS&.

:\IcHride,

Richardson,

Stewart,

:\lcUurry,

Hidley,

Thompson,

1Uc.l1murray,

Hogers of Hall,

'Vanen,

Pate of Dooly,

Rogers of 1\Iclntost>. Wellborn,

l'hilllps of J etrerson, Shackelford,

West,

Phillips of Quit1uan, Shannon,

Wilson,

Hainey, Rawls,

Slaton, Steed of Carroll,

'Vise, Wooten.

Rel'd,

Steed of Taylor,

Those voting in the negative were Messrs.-

Adams, Akin, Alford, Beauchamp, Bower,
Brinson, Huchannon, Hutts, Candler, Carrington, Cliatt, Conner, Cook, (Jromartle, JJeal, Duckett, Duggan,
l~ngllsh,
Felder, Flanigan, Foster of oconee,
l~ussell,
{laulden, George,

Glenn, Grice, Hall, Harden, Hendry, Henry, Hicks, Holder, Houston, Hutcbeson, Johnson of Baker, Kent, Kilburn, .Knight, Lane, Leigh,
Lowe, :\ann, :\Iaples, Martin, Mayson, Miller of Bullock, Morton, McHenry,

l\1cLain, Newton, Nisbet, Overstreet, O'Quinn, Parker, Pate of Gwinuett, Paulk of Cotree, Preston, Proctor, Rankin, Redwine, ltlce, Rountree, Singletary,
~pence,
Stanford, Stovall, Thurman,
Tigner, Underwood, Whitley, Womble, Yates,

Those not voting were Messrs.-

Ayres, Beall, Booth,

Bowen, Hoykin, Bruce,

Buchan, Calvin, Daves,

FRIDAY1 DECEMBER 12, 1902.

1023

Derrick,

Lanier,

Edwards,

Lawrence,

Ennis,

LlttJe,

Flynt,

Mills,

I1'oster of '!'owns, 1\litchell,

Howard of Laure~;~s, l\lcRae,

Howell,

Owen,

Johnson of Clinch, Paulk of Irwin

Johnson of Crawrord,Peyton,

Kelly,

Roper,

Sanders, Strickland, Tracy, Valentine, Walker of Monroe \Valker of Pierce, 'Vatson, 'Velch, Mr. Speaker.

The roll-call was verified, and it was found that on the adoption of the report of the conference committee the ayes were 65, nays 72, the report was therefore not adopted.

The following message was received from the Senate through Mr. Northen:

Mr. Speaker:
The Senate has adopted the following resolution, to wit:
Resolved by the Senate that another conference committee be requested on the public property fund item of the appropriation bill. The Senate in the utmost deference to the House respectfully submits that this body is united in its position, voting unanimously to sustain it, while the House, in its last vote, shows that it is almost evenly divided. In the interest, therefore, of an early adjournment, the Senate asks the House to yield its position as the Senate has done in section 10 of the franchise bill.

The following resolution was readand adopted, to-wit :

By Mr. J<!nes of Dougherty-
A resolution providing that the special page to the doorkeeper be paid $100.00 for services as page during this session.

1024

]OURNAI. OF THE HoUSE.

The following bill, which was taken up for the purpose of concurring in the Senate amendments, was tabled on motion of the author, to wit :

By Mr. Hutcheson of Haralson-
A bill to create the city court of Buchanan and for other purposes.
Mr. Beall of Paulding, chairman of the special commit.tee appointed by the House of Representatives to examine into and report upon the condition of the Confederate Soldiers' Home, the treatment of the inmates and management of the institution, submitted the following report:

Mr. Speaker:
The committee appointed by the House of Representatives to examine iuto and report upon the condition and management of the Confederate Soldiers' Home of Georgia and the treatment of the inmates, respectfully report that the committee by appointment met at the Home and made a thorough examination into its condition and the management. The new Home is a magnificent building, affording ample accommodations for one hundred and fifty inmates and the attendants. It has been splendidly furnished with good substantial furniture and equipment. The inmates were questioned closely, and all we examined expressed entire satisfaction at the fare and the treatment received, and we have every reason to know they are well provided for and kindly treated. The Board of Trustees and officers were before us, and every facility afforded the committee to make its investigation thorough.
There were seventy-four inmates in the Home the day we met, and with the exception of some eight or ten they

FRIDAY, DECEMBER 12, 1902.

1025

were in reasonably good condition for aged men. A number were bed-ridden and in wretehed physical condition, but were receiving all the attention possible to make them Comfortable. The physician in charge is on duty continuously day and night.
The inmates deny the charges of cruelty on the part of officials, and deny emphatically that any inmate had been beaten to death while in the Home. Owing to reports of this character the committee took pains to make very careful inquiry into this matter.
We find the books and vouchers correctly kept and .every item of expense in maintaining the Home carefully recorded and reported as required by law.
We commend the faithful management of the Soldiers' Home.
Respectfully submitted.
WM. H. BEALL, Cnairman. E. R. JONES, WM. HARDEN, L. L. STANFORD.

The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has appointed the following conference committee on public property item of general appropriation bill : Messrs. Hopkins, Harrell, Comas.
The following message was received from the Senate .through Mr. Northeu, the Secretary thereof:
65 hj

1026

JOURNAl. OF THE HOUSE.

M1. Speaker:

The Senate has completed all business before it and is' now ready to adjourn, and I am instructed to so notify the House.

The following report of the joint conference on the amendment to the appropriation bill relaltive to the public property fund was submitted :

Mr. Speaker:
The joint conference committee reports that the Senate withdraws the resolution recently adopted by that body stating that it would indefinitely sit unless the House yields its position on the public property fund. The Senate extends the assnrance that the spirit of that resolution was intended only to convey to the House, and in the utmost deference to the House, a statement of its earnest advocacy of the use of this fund as urged.

Mr. Rainey, chairman of conference committee on the amendment to the appropriation bill relative to the public property fund, submitted the following report:

J{r. Speaker:

The joint conference committee of the House and Senate recommend that the House recede from its po~ition on, the Senate amendment as to the public prop~rty fund.

Respectfully submitted.

E. L. RAINEY, J. B. HICKS, A. P. McLAIN,
House Committee~

FRIDAY, DECEMBER 12, 1902.

1027

Mr. Evans of Washington moved that the following resolution be taken from the table for adoption, to wit :

By Mr. Evans of Washington-
A resolution providing that the House recede from its position as to the use of the public property fund.

On the above motion Mr. Slaton of Fulton called for the ayes and nays, which call was sustained, and on taking the ballot viva voce tbe vote was as follows:

Those voting in the affirmative were Messrs.-

1\.lex:ander, Almond, Arnold, Baldwin, Bell of Emanuel, Bell of Milton, Blackburn, Booth, Brock, Brown, Burton. Bush, Butts, Cann, Carr, Carswell, Crumbly, Davis, Davison, Dozier, Duckett, Dunbar, Evans,

l''ields,

McCurry,

Fostl'l' of Oconee, :McElmurray,

Franklin,

Nisbet,

l''ussell,

Pate of Dooly,

Grenade,

Phillips of.J etrerson.

Grice,

Phillips or Quitman..

Grit:tin,

Rawls,

Harden,

Reid,

Hawes,

Richardson,

Hayes,

Ridley,

Hixon of Carroll, Shackelford,

Hixon of Sumter, Singletary,

Howard of Baldwin, Slaton,

Johnson of Baker, Steed of Carroll,

Jones of Dougherty, Steed of Taylor,

Kendrick,

~tewart,

Knowles,

Warren,

Leigh,

Wellborn,

Little,

West.

Mills, Moses, Mulherin,

Wilson, Wise, Wooten,

McBride,

Those voting in the negative were Messrs.-

Adams, Akin,

Alford, Beauchamp,

Bower, Boykin,

1028

] OURNAL OF THE HOUSE.

.l:h'inson, Buchannon, Candler, Carrington, Cllatt, Conner, Cook, (JIomartle, Deal, Duggan, .l!Jngllsh, !<'elder, l''fanigan, l''lynt, Gaulden, George, Gle:nn, Hall,

Hardeman, Hendry, Henry, Holder, Houston, Hutcheson, Kent, Kilburn, Knight, Lane, Lowe, Mann, Maples, 1\lartln, Mayson, Miller of Bullock,
~ -:.; f 1\f ltchell,
'Morton,

McHenry, Overstreet, O'Quinn, Pate of Gwinnett, Preston, Rankin, Hedwine, Hice, Rogers of Mcintosh, Rountree, Stovall, Thurman, Tigner, Underwood, Whitley, Womble, Yates,

Those not voting were Messrs.-

Ayres,

Jones of Pickens,

Beall,

Kelly,

Bowen, Bruce,

:: '1 ~ Lanier,
' -Lawrence,

Buchan, Calvin, Daves,

Miller of Muscogee,
, : !1 Mitcham,
j Mizell,

Derrick,

McLain,

f!ldwards,

McRae,

Ennis,

:1.i~ Newton,

Foster or 'l'owns, Owen,

Hicks,

Parker,

Howard or Laurens, Paulk or Corree,

Howell,

Paulk or Irwin,

.Tohnson or Clinch, Peyton,

Johnson or Crawford,Proctor,

Rainey, Rogers of Hall, Roper, Sanders, Shannon, Spence, f!tanford, Strickland, Thompson, Tracy, Valentine, Walker or Monroe,
Walker or Pierce, Watson. Welch, Mr. Speaker.

By unanimous consent the verification of the roll-call was dispensed with.

FRIDAY, DECEMBER 12, 1902.

1029

On the motion to take the resolution from the table the ayes were 68, nays 59, the motion therefore prevailed.

On the adoption of the resolution the previous question was called and sustained and the main question ordered.

The ayes and nays were ordered on the passage of the resolution, and on taking the bsUot viva voce the vote was as follows:

Those voting in the affirmative were Messrs-

Alford,

Almond,

Bell of Milton,

Blackburn,

Booth,

Brock,

Brown,

Burton,

Hush,

Cann,

Carr,

Carswell,

Crumbly, Daves,

..

Davis,

Davison,

Dozier,

Duckett,

Dunbar,

Evans,

Fields,

I!'oster or Oconee,

Franklin,

Fussell,

Grenade,

Nisbet,

Gritfin,

Pate _,r Dooly,

Harden,

Phillips of J elferson,

Hawes,

Phillip~ of Quitman,

Hayes,

Rainey,

Hicks,

Rawls,

Hixon or CalTOll, Reid,

Hixon or :Sumter, Richardson,

Howard of Baldwin, Ridley,

Johnson of Baker, Rogers of Mcintosh,

Jones or Dougherty, Shackelford,

Kendrick,

Singletary,

Lawrence,

Slaton,

Leigh,

Stanford,

Mills,

Steed of Carroll,

Mizell,

Steed of Taylor,

Moses,

Stewart,

Mulherin,

Warren,

McBride,

Wellborn,

McCurry,

'Vest,

McElmurray, McHenry, McLain,

Wilson, Wise, Wooten.

Those voting in the negative were Messrs.-

Adams, Akin,

Beauchamp, Bower,

Brinson, Buchannon.

1030

JOURNAL OF THE HOUSE.

Butts,

Hardeman,

Candler,

Hendry,

Carrington,

Henry,

Cliatt,

_:~Holder,

Conner,

Houston,

<Jook,

Hutcheson,

Cromartie,

Kent,

Deal,

Kilburn,

Duggan,

Knight,

1Jlnglish,

Lane,

I<' elder,

Lowe,

l<'lanigan, i 1'Iynt, Gaulden,

..

Mann,
:1rii M.apies,

Martin,

George,

Mayson,

Glenn,

Miller of Bullock,

Grice,

Mitchell,

Hall,

-r~;: jl\Iorton,

Newton, Overstreet, O'Quinn, Pate or Gwinnett, Preston, Proctor, Hankin, Hedwine, Rice, Rountree, Spence, Stovall, Thurman,
Tigner, Underwood, Whitley, 'Womble, Yates.

Those not voting were Messrs.-

Alexander,

Howard of Laurens, Paulk of Irwin,

Arnold,

Howell,

Peyton,

Ayres,

Johnson or Cllnch, Rogers or Hall,

Baldwin,

.Tohnson or Orawford,Roper,

Beall,

~ ~\EFones of Pickens, Sanders,

Bell of Emanuel, Kelly,

Shannon,

Bowen,

Knowles,

Strickland,

Boykln,

Lanier,

Thompson,

Bruce,

Little,

Tracy,

Buchan,

Miller of Muscog..t, Valentine,

Calvin, Derrick, Edwards, Ennis, l<'oster or 'l'owns,

Mitcham, McRae, Owen, Parker, Paulk or corree,

Walker or Monroe, Walker of Pierce, Watson, Welch, Mr. Speaker.

The roll-call was verified, and it was found that on the
adoption of the resolution the ayes were 70, nays 60. The
resolution was therefore adopted.
Mr. Blackburn, chairman of the Committee from the House, to confer with Senate Committee on the tax bill

FRIDAY, DECEMBER 12, 1902.

1031

:amendments, reports that we recommend that the Senate amends its amendment to the section relative to Coca-Cola and other syrups by making the tax $400.

Also, that the House recede from its whisky tax of $~00 and concurs with the Senate in its amendment of -$200.
Respectfully submitted. R. B. BLACKBURN,
Chairman House Committee. T. G. HunsoN,
Chairman Senate Committee.

The undersigned, committee of conference on the Senate amendments to the general tax Act, submitted the following report:

Mr Speaker:

Your committee of conference on part of the House, in connection with a similar committee on part of the Senate, have had under consideration the matters of difference between the House and Senate on House Bill No. 179, known as the general tax Act, and beg to submit the following report: that the Senate Committee recommends that the Senate recede from its amendments number 2, in reference to industrial life insurance; No. 3, in reference to the circus companies; No. 8, in reference to baseball parks; No. 9, in reference to ticket-brokers, and No. 11, in reference to automobile manufacturers; and we recommend, in pursuance to such agreements, that the House recede from its disagreement to Senate amendments: No. 1, in reference to franchise clause (as franchise bill is pass~d); No. 4, in reference to liquor dealers; No. 7, in reference to Coca-Cola and like beverages; No. 10, in

1032

JOURNAL OF THE HOUSB.

reference to franchise tax on telephone and telegraph companies, and No. 12, in reference to cash registers, .;>tc.
We further report that Senate committee refused to concur in amendment offered by House to amendment No .. 5, and House committee refused to agree to said amendment 5, and as a compromise, the joint committee recommend the adoption by the Senate and House, of the following as a substitute for said amendment No. 5, to wit : By inserting after the word sold "sold" in second line of page 10, section 2, paragraph 16, "upon each social or fraternal club in which spirituous, malt or intoxicating liquors are sold or dispensed, two hundred dollars for each place of business. And upon each person, firm or corporation owning or operating a steamboat or boats, and upon each company or corporation owning or operating buffet, dining or palace cars in which spirituous, malt or intoxicating liquors are sold or dispensed, two hundred dollars; provided, that the payment of said tax shall not be held to authorize the sale of such liquors in any county or municipality in which said sale is prohibited by law.

Hespect1ully submitted.

c. s. REID,

P. M. MULHERIX,
J. R. PHILLIPS, Committee on part of the House.

The undersigned, committee of conference on Senate amendments to the "~"'ranchise Tax Act," submitted the following report together with accompanying supplement :

Mr. Speaker:
Your committee of conference appointed to confer with the Senate on House Bill No. 272, entitled ''a bill to beentitled an Act to provide for and require the payment ot

FRIDAY, DECEMBER 12, Hl02.

1033

taxes in all special franchises, and to prescribe the method for the return and payment of such taxes," beg leave to report as ii)llows:

1. They recommend that the House agree to all the Senate amendments except as follows, to wit : That Senate amendment numbered 8 and made section 10, of the bill as it passed the Senate, be amended as follows, to wit :

Amend Senate amendment numbered 8 and made section 10 of the bill,

1. By striking out the words "sum of money" in the 13th line, and substituting therefor the words "other annual charge."

2. By iuserting after words "consideration for" in the !.'3th line, the words "the exercise of."

3. By inserting between the word ''corporation" and the words "all amounts'' in the 15th line, the word " from."

4. By inserting after the word "village" in 18th line, the words "for the exercise of such franchise."

5. By striking out the word "from" in line 19 where it occurs between the words " shall be deducted " and the word "portion."

Respectfully submitted.

C. M. CANDLER,
c. A. REID.

1034

JOURNAL OF THE HOUSR.

SUPPLEMENTAL REPOl~T.

Mr. Speaker:

Without assenting to the expediency or wisdom of the

Senate amendments, I concur in the report of the House

committee of conference because this appears to be the best

thing now obtainable, in view of the near adjournment of

the Legislature. December 12, 1902.

JoHN W. AKIN.

Mr. Steed of Taylor, chairman on the part of the House in conference with Senate conference committee on the appropriation bill, submits the following report:
Mr. Speaker:
\Ve recommend that the House recedes from its disagreement with the Senate amendment No. 11.
That the House also recede from its disagreement with Senate amendment No. 4.
That the Senate recede from the Senate amendment No. 1~, appropriating $2,500 for '113-4 for the college at Thomasville.
That the House recede from its disagreement to Senate amendment No. 5, relative to providing for an assistant messenger for the Senate, and also recommends that the compensation be provided for three gallery keepers and five assistant doorkeepers for the House of Representatives for 1903 and 1904.
J.D. HARRELL, Chairman on part of Senate.
wALTER E. STEED, Chairman on part of House Committee.
P.M. HAWSE, J. J. FLYNT.

FRIDAY, DECEMBER 12, 1902.

1035

The undersigned, conference committee on Senate amendments to the general appropriation bill, submitted the following report:

Mr. Speaker:
The conference committee of the House, appointed to confer with a corresponding committee of the Senate, reports that said committee has agreed in the following items :
.Fi1st-The Senate recedes from all of its amendments regarding appropriations for the State Sanitarium and its officers, provided the House agrees to amend section 4, line 20, by striking out $310,000, and inserting in lieu thereof $325,000.
Second-The committee recommends that the House amendment be withdrawn, and that the Senate recede from its amendment No. 3 (porters of the Senate).
Third-That in regard to Senate amendments Nos. 4, 11, 18, the conference committee bas failed to agree, and asks your further conf;ideration.
Fourth-That in regard to Senate amendment No 5, the conference committee recommends that the House recede from its non-concurrence (doorkeepers of Senate.)
Fifth-That in regard to Senate amendments No. 6, the conference committee recommends that the Senate recede. (Pages of Senate).
Sixth-That in regard to Senate Committee No. 8, the conference committee recommends that the Senate recede, (relative to Soldiers' Home).
Seventh-That in regard to Senate amendment No. 15, the conference committee recommends that the Senate recede. (State Geologist.)
Eighth-That in regard to Senate amendment No. 16, the confereuce committP.e recommends that the Senate recede. (Military appropriation.)

1036

jOURNAL OF THR HOUSE.

Ninth-That in regard to Senate amendment No. 17, the-

conference committee asks that the request of the Senate to

the House be concurred in. (Colonial, Revolutionary and

Confederate Records.) Tenth-That in regard to Senate amendment Nu. 19, the

conference committee recommends that the House recede

from its non-concurrence. (R:tilroad Commission Ctmtin-

gent Fund.)

IloPKI~s, DAVIS AND Cmus,

On part of the Senate.

DAVIS, HALL AND STOVALL,
On part of the House.

This amendment is returned to the House with the "tatement that it was by a Senate clerical error in the transmission message presented as having been adopted as a substitute to the wrong paragraph. As the Senate passed this amendment it adopted as a substitute for that section of the bill which begins with words ''For republishing earlier Georgia Reports" . near the bottom of the 1Oth page, and e';lds with words " as provided in said Act" on next to last line on said lOth page. With this statement the Senate ask the concurrence of the House to this substi- ' tute.
The committee of conference on Senate amendments to the general appropriation bill submitted the following report:

Mr. Speaker:
Your committee of conference on the part of the House in connection with a similar committee on the part of the Senate, have had under consideration the matter of difference between the House and Senate on House Bill No. 159

FRIDAY, DECEMBER 12, 1902.

1037

as to Senate amendment No. 11, and the committ~e unanimously recommend that the House recede from its disagreement to the said Senate amendment.
\
L. G. HARDEMAN, Chairman.
E. s. BALDWIN,
JNo. R. SHANNON.

Mr. Willborn, chairman of the Committee on Enrollment submitted the following report:

Mr. Speaker :

The Committee on Enrollment have examined and report as properly enrolled, duly signed and ready for delivery to the Governor, to wit:

An Act to create a new charter for the city of Hawkinsville in Pulaski county.

Also, an Act to create a board of commissioners of roads and revenues for DeKalb county.

Also, an Act to repeal an Act incorporating town of

Jonesboro.

'

Also, an Act to create Zebulon school district.

Also, an Act to create a board of county commissioners for Rockdale county.

Also, an Act to provide for a dispensary in the city of Milledgeville, Baldwin county.

Respectfully submitted,

C. J. WELLBORN, Jr., Chairman.

Mr. Wellborn, chairman of the Committee on Enrollment submitted the following report:

1038

JOURNAL OF THE HOUSE.

Mr. Speaker:

ThP Committee on Enrollment report as properly enrolled, duly signed and ready for delivery to the Governor the following Acts and resolutions, to wit:

An Act to incorporate the town of Morganton in Fannin county.

Also, an Act to incorporate the Hopeful school district.

Also, an Act to incorporate the town of Dudley in Laurens county.

Also, a resolution paying pension to Mrs. Abbie Renew.

Also, an Act to amend the Act creating board of county commissioners for Jackson county.
Also, an Act to Amend the charter of the city of Augusta.
Also, a resolution providing for payment of certain pages of the House.
Also, an Act to repeal an Act amending the charter of the town of Camilla.
Also, an Act to amend an Act to establish the city court of Moultrie.

Also, an Act to amend an Act to establish a system of schools for the town of Doerun.

Also, a resolution to pay the pension of Mrs. M. L. Hattaway.

FRIDAY, DECEMBER 12, 1902.

1039

Also, an Act to amend an Act to incorporate the city of Cordele:

Also, an Act to amend an Act to incorporate the town of Sylvester.

Also, an Act to incorporate the town of "Bethlehem in Walton county.

Also, a resolution providing for the improvement of the grounds around the Georgia Normal and Industrial College at Milledgeville.

Also, a resolution for relief of Western and Atlantic Railroad Company.

Also, an Act to amend an Act to incorporate the wwn of Deepstep in Washington county.

Also, an Act to authorize the mayor and council of the town of Jasper, Georgia, to issue bonds to establish a public school system.
Also, a resolution to pay Mrs. R. Vv. Laud pension.

Also, an Act to incorporate 'Vaynesboro acarlemy.

Also, au Act to amend the charter of the city of Blakely.

Also, to amend the public school system of the town of Jesup.

Also, a resolution to pay a pension to Mary S. Jarrard.

Also, an Act to amend the Act creating the boat d of commissioners for IIart county.

1040

JOURNAL OF THE SENATE.

Also, a resolution providing for pay of a stenographer for W. & A. Railroad Committee.

Also, a resolution to pay pension to Mrs. E. W. Stewart.

Also, a re~olution to pay J. F. DeLacy his salary ending for the quarter, Dec. 31st, 1~01, which he failed to draw.

Also, an Act to regl}late the sale of all syrups and adulterations thereof in this State.

Also, an Act to protect fish in Clayton county.

Also, an Act to amend an Act incorporating the town Of Harrison in Washington county.

Also, a reAolutil)n to make appropriations to meet the deficiency in public printing fund for 1902.

Also, an Act to ameud the Act to incorporate the town <>f Trip in GwinMtte county.

Also, an Act to incorporate the town of Soperton In _ Montgomery county.

Also, an Act to amend the Act creating city court of Sandersville.
Also, an Act to amend an Act establishing a system of public schools in the town of Ashburn.

Also, an Act to authorize the construction ot a dam across the Savannah river.

Also, an Act to amend section 982 of Code of 1895.

FRIDAY, DECEMBER 12, 1902.

1041

Also, a resolution providing for a t>tatement o the un-finished business of the present session of General As.sembly.

Also, an Act to amend the charter of the city of Dalton.

Also, an Act to incorporate the Meansville school district.

Also, an Act fixing time for holding elections in cities having not less than fifty thousand nor more than seventyfive thousand inhabitants.

Also, an Act to amend the charter of the town of East Point.

Also, an Act to cede the United States jurisdiction over -certain lands in Athens, Georgia.

Also, an Act to establish a public school system in the -city of Ocilla.
Also, an Act to protect fish in Bartow county.

Also, an Act to amend the public school system in Marshall ville.
Also, an Act to levy and collect a tax for the support of the State government, etc.
Also, an Act to amend the Acts incorporating the town <>fWarsaw.
Also, an Act to incorporate the town of Canon.
. Respectfully submitted,
C. J. WELLBORN, Jr., Chairman.
Mhj

1042

)OURNAL OF THE HOUSE.

Mr. Wellborn, chairman of th~ Committee on Enrollment, submitted the following report :
"
'Mr. Bpealcer:

The Enrolling Committee report as properly enrolled,_ duly signed and ready for delivery to the Governor, the following Acts, to wit:

An Act, prohibiting sale of spirituous liquors w Lee county.

Also, an Act taxing all special franchises.

Also, an Act to amend the charter of the city of Americus.

Also, an Act to make appropriations for ordinary expenses of the State government.

Also, an Act to incorporate the town of Bostwick m Morgan county.

Respectfully submitted, C. J. WELLBORN, Jr., Chairman.

While the call of the roll was being had on the adoption of the foregoing resolution, Mr. Knight, of Barrien, arose to a point of order which the Speal:er overruled, The Speaker then ordered the gentleman f~om Berrien to take his seat, and the gentleman not complying promptly with the Speaker's demands, one of the Doorkeepers who was standing near employed force to carry out the demands of the Speaker and tried to seat Mr. Knight which action that gentleman .strenuously resisted. Quiet was finally restored, and Mr. Hall of Bibb securing the floor,.

FRIDAY, DECEMBER.l21 1902.

1043

stated that a member of the House ha~ been grossly assaulted on the floor of the House by one who was not a member and moved that a committee of five be appointed to investigate the affair and recommend what steps should be taken to bring the offender before the bar of the House.
The Speaker stated to the House that he had given Mr. Robson no authority to employ force to seat Mr. Knight and that he condemned his action in doing as he did.
Mr. Hall's motion prevailed and the Speaker appointed as the committee to investigate Mr. Robson's conduct, Messrs. Hall of Bibb, Akin of Bartow, Mitchell of Thomas, Slaton of Fulton, and George of Morgan.
The committee then retired and the House took a recess.

The House was again called to order and Mr. Hall of Bibb, who was chairman of the committee to investigate and report on the conduct of Mr. Robson, submitted the following report:

]J[r. Spealcm:
We condemn the action of the Doorkeeper, Mr. Clayton Robson, in using physical violence in endeavoring to seat Mr. Knight of Berrien, while he was not in violation of the rules of the House.
We recommend that Mr. Clayton Robson be required,at the bar of the House to apologize to the House and to the Representative of Berrien for his conduct in the premises.
Jos. H. HAI..L, Chairman.

In accordance with the findings of the committee Mr Robson came forward to the bar of the House and tendered his apologies to the House and to the gentleman from .Berrien for his action and conduct.

1044

JOURNAL OF THE HOUSE.

Mr. Knight then arose in his seat and stated that as n gentleman he could do nothing more than accept the apology in the same spirit in which it was tendered.

. The following resolution was read and adopted, to wit :

By Mr. Felder of Bibb-

A resolution to inform the Senate that the House was ready to adjourn sine die.

Mr. Felder then moved that the House adjourn sine die, which motion prevailed and the Speaker announced the House adjourned until the fourth Wednesday in ,June, 1903.

INDEX
TO
HOUSE JOURNAL
1902

INDEX.

PART I .

.ADMINISTRATORS-(see Executors).

.ADVISORY COMMISSIONER-:_
To amend act to create board of for counties of Laurens and Glascock ...................... 299 599 714

AFFIDAVITS-
Requiring claimants to set out certain information in ...................................... 13~ 368 464

.AGRICULTURE, Department of-

.APPEALS FROM DECISION OF CHAIR-
In adoption of certain rules . . . . . . . . . . . . . . . . . . . . . 147 .. As to appointment of Mr. Carrington on Commit' tee of Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
Relative to" Franchise Tax Bill"................ 656 Relative to reconsideration of Dublin <.:ity Court
Bill . . . . . . . . .. . . .. .. .. .. .. .. . . .. . . . . . . . . .. . . .. 889 890

APPOINTMENT-

Of Mrs. Maud Barker Cobb as postmistress. . . . . .

35

.APPROPRIATIONS-
To appropriate $20,000 for school for deaf ... 153 369 542 823 859
"General Appropriation Bill" .... 207 217 571 573 576 614 . 626 914 920 9!',()
To appropriate $1,000 for files in Supreme Court.. 242 To appropriate $500 for weights and measures-
(see weights, etc.)
To appropriate $10,000 for Library Fund.......... 288 To meet deficiencies in printing fund ......... 342 601 832 'fo appropriate $25,000 to constrnct college build-
ing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 846 866 '.ro appropriate $15,000 to repair capitol building .. 896 415 .
515 932 '.ro pay members of depot committee $100 each .. 642 868

1048

INDEX.

ASSESSMENT-
To assess property of certain corporations for taxation .................................... 281 254 36&
ATTORNEY-GENERAL-
AUDITORS-
AUGUSTATo amend act to create board of police commissioners for .................................. 124 368 46() To create board of fire commissioners for ...... 107 736 764
BANKS, LOAN AND TRUST COMPANIES-
To amend charter of Buena Vista Loan and Savings Bank .................................. 299 441 485
To amend act to incorporat.e Fairburn Banking Company ................................... 570 599 719
BIRDSTo protect birds and their eggs ................... 192 740
BLUE, WM. FTo pay $150 for stenographic work ............523 600 839
BOARDS OF EDUCATION-
To amend law relative to changing of text-books 641
BONDS-State, County and MunicipalAuthorizing Summerville to issue.-(see Summerville J. To retire "Convention Bonds'' . . . . . . . . . . . . . . . . . . 141 To retire certain bonds issued by Chas. J. McDonald . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 To repeal act allowing Norcross to issue bonds 151 368 462 Authorizing town of Dallas to issue .......... 152 368 463 To pay off and retire bonds as they mature ... 262 375 799 Authorizing Palmetto to issue bonds .......... 352 416 490 Official bonds to be approved by ordinaries. . . . . . . 523 738 'fo authorize town of Jasper to issue .......... 619 790 871
BOOKS-(see Text-Books).
BOULEVARDSAuthorizing certain cities to lay out .. 191 871 558 853 854

INDEX,

1049-

BOWER, HON. BYRON B.-
Sworn in as member of House .......... .". . . . . . . . 235Assigned to committees.......................... 241

BRIDGES-(see Roads and Bridges).

BUENA VISTA LOAN AND SAVINGS BANK-(see Banks).

CEMETERIES-
Authorizing Summerville to maintain-(see Summerville).
CERTIORARI-
Requiring persons seeking writ of to give bond .. 128 496 541

CHARTERS OF MUNICIPAL CORPORATIONS-
To amend charter of Dawson .................. 122 258 800 To provide new charter for Edgewood ........ 153 869 469 To amend charter of Rome ........... , ........ 158 370 463 To amend charter of Rome, relative to mayor.... 154 To provide new charter for Atlanta.............. 154 To amend charter of Atlanta .................. 154 253 302' To amend charter of Tennille ................. 193 871 465 To amend act to create charter for Milledgeville. . 198 371
465 To amend charter of Americus ................ 206 441 854
To amend charter of Cedartown .............. 207 371 466 To amend charter of Hamilton ................ 208 370 468 To amend act to create new charter for East
Point ...................................... 209 597 767" To amend act to create charter for Temple ... 210 370 468 To amend charter of Bronwood . . . . . . . . . . . . . . 282 254 365 To amend charter of Columbus . . . . . . . . . . . . . . . 282 872 482 To amend charter of Brunswick .................. 282 441 To amend charter of Columbus, relative to po-
lice ........................................ 288 373 484To create new charter for Lumpkin ....... 288 321 866 897 To amend charter of Valdosta................. 345 451 488 To amend charter of Maysville ................ 346 440 488 To repeal charter of Statesboro ................ 351 416 489To amend charter of Augusta ................ .405 735 862:

1050

INDEX.

-cHARTERS OF MUNICIPAL CORPORATIONS-Continued.
To create new charter for Hawkinsville...... .422 501 593 To create new charter for Richland ........ 423 441 491 1!97 To amend charter of Oakland ........... .426 738 776 1006 To amend act to amend charter of Boston .... 427 504 594 To amend act to create charter for Buchanan .. 439 503 595 To repeal act to amend charter of Jonesboro ..... 441 489 To amend charter of Dalton .................. 550 734 777 To repeal act to amend charter of Camilla .... 584 735 779 To amend charter of Cordele. . . . . . . . . . . . . . . . . . . . 585 To amend charter of Austell .................. 585 738 787 To amend charter of Doerun. . . . . . . . . ........ 585 733 778 To amend act to create new charter for Tallapoosa. 809 868 To amend charter of Lyons.. . . . . . . . . . . . . . . . . . . . . . 826

CHARTERS OF BUSINESS CORPORATIONS-
Requiring applicants to fix amount of capital stock 124 Requiring certain corporations to file and record
charters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323 599
{)LAIMS-
To regulate 'tbe filih.ll' of second claims ....... 130 497 541 To regulate procedure in certain claim cases-(see
Practice and Procedure).
CLERKS 01!' COURTSAuthorized to appoint deputy clerks ......... 106 356 359
{)OCAINTo prescribe manner of selling . . . . . . . . . . . . . . . . 139 368 462

()ODE AMENDMENTS-

To amend section 739 of,the Code .............. 105 254 265

To amend section 2615 of the Code................ 108

To amend section 974 d the Code......

124

To amend section 5269 of the Code. . . . . . . . . . . . . . . . 108

To amend act to amend section 107 of the Code . . 125

To repeal act to amend sections 1778 and 1781 of

the Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137

To amend section 220 of the Code ............... 138 601

To amend section 982 of the Code .............. 139 223 358

To amend section 813, vol. 3 of the Code ...... 140 497 542

INDEX.

1051

>CODE AME~DMENTS-Gontinued.
To repeal section 1349 of the Code;............... 140 'To amend section 574, vol. 1 of the Code. . . . . . . . . . 141 To a111end section 1496, vol. 1. of the Code ........ 151 373 'To amend section 610, vol. 1 of the Code ......... 11)2 256 To amend section 982 of the Code .............. 155 252 542 'To amend section 221, vol. ::l of the Code. . . . . . . . . . 155 496 'To amend section 1378, vol. 1 of the Code ........ 156 499 'To repeal section 4406, vol. 2 of the Code . . . . . . . . . 156 To amend section 187, vol. 3 of the Code ...... 161 369 543 To amend section 642, vol. 3 of the Code .. 161 369 546 1017 To amend section 982, vol. 1 of the Code ...... 161 3il li61 To am!:'nd section 982 of the Oode ............. 162 373 588 To amend section 3786 of the Oode............... . 163 To amend section 2145 of the Code ...... 192 253 310 313 To amend section 151, vol. 3 of the Code ..... 193 254 359 To amendsection 927, vol. 3 of the Code. . . . . . . . . . 193 To amend section 97, vol. 1 of the Code . . . . . . . . . . 199 To amend section 114, vol. 3 of the Code ...... 201 371 563 To amend section 107 of the Code ................ 202 301 To amend section 8'l7, vol. 1 of the Code.......... 206 To amend section !l82, vol. 1 of the Code ...... 207 497 589 To amend section 275t of the Code ............ 207 370 467 To amend section 3667 of the Code. . . . . . . . . . . .... 209 498 To amend section 1097 of the Code . . . . . . . . . . . . . . . 209 To amend section 670 of the Code ............ 2~0 371 469 'To amend section 587 of the Code ............... 221 498 'To amend section !)73 of the Code . . . . . . . . . . . . 221 374 470 To repeal section 5831 of the Oode ................ 231 601 'To amend section 4334 of the Oode ................ 231 600 To repeal section 807 and 808 of the Code . . . . . . . 232 'To amend section 5113 of the f'ode . . . . . . . . , .. 24~ 374 470 'To amend section 671, vol. 3 of the Code .......... 259 599 To amend section 404.5 of the Code . . . . . . . . . . . . . . . 259 'To amend section 4924 of the Code ................ 260 740 To amend section 4315 of the Code .............. 260 4!-19 To amend section 5269 of the Oode . . . . . . . . . . . . . . 260 To repeal section 2i63 of the Code. . . . . . . . . . . . . . . . 261 372 To amend section 2321 of the Code . . . . . . . . . . . . . . 261 'To amend section 821, vol. 1 of the Code ......... 261 867 To amend section 1496, vol. 1 of the Code . . . . . . . . 289 To amend section 3771 of the Code..... . . . . . . . . 290 rro amend section 4082 of the Code . . . . . .. . . . . . . . . . 294 'To amend section 2321, vol. 2 of the Oode . . . . . . . . 299

1052

INDEX.

CODE AMENDMENTS-Cbntinued,
To repeal Acts 1, 2, 3, 4, 5, 6, 7, 8, 0, 10, 11, 12, chap. 2, vol. 1 of the Oode. . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
To amend section 4625 of the Code . . . . . . . . . . . . . . . 3l' To amend section 1643, vol. 1 of the Code ......... 320 501 To amend section U32, vol. 1 of the Code ...... 321 501 720-To amend section 4623 of the Code . . . . . . . . . . . . . . . 321 To amend section 4612 of the Code ............... 322 50() To amend section 767, vol. 1 of the Code ....... 324 57!i 656
658 975To amend section 780, vol. 1 of the Cods.......... 324 To amend section 982, vol. 1 of the Code ....... 324 598 776 To amend section 248 of the Code. . . . . . . . . . . . . 325- To amend sect~on 779, vol. 1 of the Code. . . . . . . . . . 325 To amend section 2864 of the Code. . . . . . . . . . . . . . . 353 To repeal section 1349, vol. 1 of the Code ......... 353 503 To amend section 1492, vol. 1 of the Code'......... 354 502' To amend section 1495, vol. 1 of. the Code........ 355 501 To amend section 1496, vol. 1 of the Code. . . . . . . . . 355 To amend section 2167, vol. 2 of the Code ......... 422 497 To amend section 1497, vol. 1 of the Oode ......... 422 501 To amend section 3487, vol. 2 of the Code. . . . . . . . . 425 To amend section 982 of the Code ............. 439 737 852 To amend section 2157, vol. 2 of the Code. . . . . . . . 450 To amend section Sl3, vol. 3 of the Code. . . ... . . . 534 To amend section 526, vol. 1 of the Oodl'. . . . .. . . . . 553 To amend section 453, vol. 3 of the Code .......... 584 867 To amend section 258:? of the Civil Code.... . . . . . 584 To amend section 2432 of the Civil Code.. . . . . . . . . 587 To amend section 1900, vol. 2 of the Co<te. . . . . . . . . l:l02 To amend section 3761 of the Code. . . . . . . . . . . . . . . 641 To amend section 1384, vol. 1 of the Code . . . . . . . . 722 867 To amend sl'ction 982, vol. 1 of the Code. . . . . . . . . . 723: To amend section 3472 of the Code . . . . . . . . . . . . . . . 724

COLLEGE OF AGRICULTURETo remove from Athen11 to Comer......... . . . . . . 164 To separate from State University............... 439
COLONIAL REOORDS-(See Historical).
COMMISSIONER OF AGRICULTUREAuthorizing to make Exhibit at St. Louis in 1903 ........................................ 521 736 90T

INDEX.

1053

-<JOMMISSIONER OF PENSIONS-

..COMMISSIONERS OF ROADS AND REVENUE-
To create Board of, for Johnson county ....... 200 224 230 To create Board of, for Walker county........... 200 To create Board of, for DeKalb county ... 210 370 467 969 To create Board of, for Columbia county . . . . . . . . 220 To create Board of, for Rockdale county ...... 299 366 483 To create Board of, for Monroe county .191 224 230 256 359 To amend act to create Board of, for Greene
county . . . . . . . . . . . . . . . . . . . . ............ ....... 208 370 To amend act to create Board of, for Glynn
county . . . . . ................................ 336 440 486 To amend act to create Board of, for Berrien
county...................................... 351 440 488 To amend act to create Board ,of, for Hart county . 618 734
780 To amend act to create BoarJ of, for Jackson
county...................................... 619 736 782 To repeal an act to create Board of, for Monroe
county.............................. 191 224 230 256 359 To repeal an act to create Board of, for Walton
county.......................... " .......... 252 374 474

oCOMMITTEES-

To escort the Speaker to chair. . . . . . . . . . . . . . . . . . .

25

To escort the Clerk to his desk.. . . . . . . . . . . . . . . . . .

28

'fo select a Chaplain.... . .. .. ... .. .. .. .. . .. . .. . ..

34

To notify the Governor of organization of House.

35

On HulAs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

96

On w. & A. R. R. (special)..... .. .. .. . . .. .. .. . ..

117

On Privileges and Elections. . . . . . . . . . . . . . . . . . . . . . 121

To attend funeral of Hon. W. B. Berry........... 126

To investigate convict lease system.............. 157

To report on needed repairs to the Capitol.... . . . 160

::-tanding Committees............................ 167

On Finance . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231

'l'o escort Senator Sullivan to Augusta........... 266

To investigate Soldiers' Home.. . . . . . . . . . . . . . . . . 388

.Addition to Enrolling Committee. . . . . . . . . . . . . . . . 527

To rearrange Judicial Circuits........... :........ 861

To visit .Agricultural College..................... 1007

'To visit State University ...... , . . . . . . . . . . . . . . . . . . 1008

1054

INDEX.

COMMITTEES OF CONFERENCE-
On Senate amendments to General Appropriation Bill ......................... 971 995 10()7 1010 1014 1017
On Franchise Tax Bill ...... _............... 983 1009 1012 On House Bill No. 150..... .. .. .. .. .. .. . .. .. .. .. 985 On amendments to General Tax Act......... fl95 10i0 1016
1017 1019

COMMUNICATIONS-

From D. G. Purse, of Savannah.................. 3i7

From T-rustees of Blind Asylum..... . . . . . . . . . . . . . 4::!1

From Georgia State Sociological Society . . . . . . . . 53o

From Prison Commission . . . . . . . . . . . . . . . . . . . . .

(),}2

CONCEALED WEAPONi3-(see Weapons).
. . CONFEDERATE SOLDIERS-(see Soldiers).
CONFEDERATE CROSS OF HONOR-
Making it unlawful to fraudulently wear ...... 354 59!)
CONSTABLES-
Costs of limited in felony cases-(see Costs and Fees).
CONSTITUTIONAL AMENDMENTS-
To amend paragraph I, section I, article 7 of Constitution ....................................... I06 740
To amend paragraph 2, section 11, article 7 of Constitution ....................... 106 223 229 26\l 276
To amend paragraph 1, eection 2, article 11 of Constitution ................................... 137 I 52
To amend paragraph 1, section 4, article 8 of Constitution ...................................... . 191
To amend paragraph 3, section 4, article 3 of Constitution ...................................... .' 294
To amend paragraph 1, section 4, article 6 of Constitution ..................................... . 345
'fo amend paragraph I, section I, article 7of Constitution ...................................... . 4~5
To amend paragraph I, section 1, article 6of Constitution ..................................... . 722
To amend paragraph 1, article 8 of Constitution l9l 'fo amend so as to provide for Court of Appeals 242:;

INDEX.

105&

CONVICTS-
To provide for distribution of money arising from hire of, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Prison Commission to patrol-(see Prison Com.). To provide for disposition of. . . . . . . . . . . . . . . . . . . . 512

CORPORATIONS-:-Municipal-
To extend corporate limits of East Rome ..... 121 736 763 To amend act to incorpor~;tte city of Rome ... 153 25! 301 To amend act to incorporate town of McRae .. 162 290 305 To incorporate the town of Edison ............ 190 369 465To incorporate village of Obe into town of Nor-
man ....................................... 198 ~71 466. 'fo extend corporate limits of Carrollton ...... 198 498 558 To amend act to incorporate town of Sasser .. 201 25-i 293 'l'o incorporate the village of Harrisonville...... 222 To amend act to incorporate town of Blakeley... 232 To incorporate the city of Tifton ............. 232 451 474 To amend act to incorporate Sandersville ..... 2.59 35.5 480 To incorporate Finleyson . . . . . . . . . . . . . . . . . . . . 261 372 481 To incorporate town of Statham .............. 282 442 483 To amend act to incorporate Fayettville ...... 283 347. 482 To repeal act to incorporate town of Statham.287 373 483 To extend the corporate limits of Albany ..... 299 441 484 To incorporate the city of Ocilla .............. 322 374 485. To repeal act to incorporate Ocilla . . . . . . . . . .322 374 486 To incorporate the city of Statesboro ........ 351 416 489 To repeal act to incorporate Jonesboro.......... 352 To incorporate town of Pineview ............. 35-i 451 490 To amend act to incorporate town of Pinehurst 38S 442 492 TP. repeal act to incorporate city of Tifton ... .422 451 491 To incorporate the town of Soperton ......... .425 501 593 To amend act to amend act to incorporate
Waynesboro . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428 451 491 To amend act to incorporate Louisville ....... 4:24 503 594 To amend acts to incorporate Warsaw........ .4-i9 480 719 To incorporate town of Bethlehem., ... , , , ... .450 504 591 To consolidate acts to incorporate city of For-
syth . .. .. .. . .. .............................507 600 715 To authorize town of Tybee to close Fourth
Avenue ..................................... 512 li97 715To incorporate city of RusselL . . . . . . . . . . . . . . . 520 596 780 To reincorporate ltown or Sylvania:: ........ 520 596 716To incorporate the town of Morganton ....... 521 600 716 ..

1056

INDEX

.CORPORATIONS-Municipal-Continued.
To incorporate the town of Canon ............523 596 717 To incorporate town of Dudley. . . . . . . . . . . . .. 535 597 718 To incorporate the city of Vidalia ............ 552 791 871 To amend act to incorporate Cordele ......... 585 734 779 To incorporate town of Bostwick ........... 585 740 768 To incorporate town of Oakwood................ 598 To amend act to incorporate Bowdon .... 617 739 786 1016 To amend act to incorporate town of Ha.rrison.618 736 782 To amend act to incorporate town of Sylvesta.619 733 788 Toamendacttoincorporate townof Deepstep.6l!l734 781 To amend act to incorporate town of Trip .... 619 634 781 'l'o amend act to incorporate town of Hazel-
hurst.................. . . . .. . . . . . . . . . . . .620 737 781 To amend act to incorporate the city of Blake-
ley ........................................ 685 741 775 To incorporate town of Mansfield .............. 72J 867 To amend act to incorporate city of Toccoa ...... 723 868 To incorporate the town of East Ellijay ......... 769 868 'l'o amend act to iucorporatfl town of Waycross .. 809 866
..CMPORATIONS-Business-
'l'o provide for dis3olutiou of by Supetior Courts in certain cases................................ 219

COSTS AND FEES-
To limit fees of Solicitors-General .............. 193 498 To pay costs of officers of the court in certain
counties ............................... 200 499 460 To pay costs to constables, etc , in felony cases . . 209 To repeal act to pay insolvent costs to clerk of
Fayette county .............................. 209 254 359 To regulate fees of notaries public .............. 320 503 To pay insolvent costs of McDuffie county........ 325 To require bond or costs paid before warrants can
issue ..................................... :. . . 521
.COTTON SEED, HULLS AND MEAL-
When it is a misdemeanor to sell seed. . . . . . . . . . . . 122 Requiring a record to be kept of seedcotton
bought ..................................... 283 50!! To regulate the traffic in certain counties ..... 320 374 485

INDEX.

1057

COUNTY AND COUNTY MATTERS-
To create commission of roads and public buildings for the county of Monroe .......... 191 224 230 256
To provide for removal of obstructions from streams of Monroe county .................. 262 373 482
To amend act to create board of advisory commissioners for Laurens and Glascock counties.299 599 7l4
To remove obstruction from streams of Hall county ............................... 324 374 486 1017
To remove obstruction from streams of Clayton county . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . 722
To remove obstruction from streams of Morgan county. . . . .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 789 309 872
To repeal act to pay insolvent costs to clerk of Fayette county ............................. 209 254 359
To pay insolvent costs in McDuffie county........ 325 To sell certain real estate in Washington, Ga .. 513 597 716
COUNTY COMMISSIONERS-(see Commissioners of Roads and Revenue.)
-cOUNTY SCHOOL COMMISSIONERS-
To prescribe manner of electing .................. 138 739 To abolish the office of....... .. . .. . . . . .. . . . .. . . . 571

COURTS-Justice-
To authoriztl the holding of, in more than one place in certain districts .......................... :... 222

COURTS-Superior-
To change the time of holding in Mcintosh county................. .. .................. 142 253 301 430
To require judges of, to hold quarterly sessions... 200 ro change the time of holding in Greene county. 20S 36i
467 ro change the time of holding in Glascock coun-
ty. .. . .. .. . . .. .. .. . ... .. .. .. .. .. .. . . .. ..... 209 498 590 To increase the number of terms in Richmond .
county. . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... 259 372 To change the time of holding in Telfaircounty.324 500 592 To change the time of holding superior courts in
this State.............. .. .. . . . ... . .. .. .. . .. .. . 396 To fix the time. of holding superior court of Ware
county . . . . . . . . . . . . . . . . . 426 598 o 0 0 0 0 0 0 0 0 0 0
67 h j

1058

INDEX.

COURTS--other than Superior and Supreme-
To amend act to create city court of Sandersville................................. 107 496 525 538 713
To abolish county court of Screven county .... lOS 189 252 To create county court in Wilkes county. . . . . . . . . 123 253 To repeal act to create county court for Butts
county ...................................... 138 295 358 To establish the city court of McRa.e ......162 253 305 45! To amend act creating county courts so far as same
relates to Greene county.. . . . . . ............ 199 497 55!) To create the city court of Hamilton ......... 199 416 46G To repeal act to create city court of Jefferson. 282 4'51 50!
506 'ro create the city court of Jefferson........... 283 372 933 To create the city court of Fayetteville ... 283 347 505 767 To abolish the city court of Waynesboro ...... 28~ 372 506 To establish the city court of Waynesboro .... 288 373 505
1017 'ro amend act to create city court of Waycross as
to clerk. . . . . . . . . . . . . . . . . . . . . . . . ........... 289 372 492 'l'o amend act to create city court of Waycross as
to judge...................... .. ............. 28!) 3i3 To amend act to create city court of Waycross de-
fining jurisdiction.... . . . . . . .............. 281l 374 4U3 To amend act to create city court of Butow
county. . . . . . . . . . . . . . . . . . . . . . . . . . . ......... '300 502 590 To amend act to create the police court of Savan-
nah ........................................... 352 490 To amend act to create the city court of Val-
dosta ....................................... ::!54 500 592 To amend act to create the city court of Hall
county................................. . .. 425 500 594 To create the city court of Buchanan ... 440 502 595 1024 To amend act to create county court of Berrien
county ...................................... 523 600 717 To amend act to create city court of Brunswick .. 534 596
768 To repeal act to create city court of Dublin ... 534 553 720
879 To create the city court of Dublin ....... 535 553 720 883 To repeal act to create city court of Clarksville ..541 601
714 To establish the city court of Sylvania....... 554 596 718
To amend act to create city court of Moultrie ..562 735 776

INDEX.

1059

COURTS-Other than Superior and Supreme-Continued.
To abolish the city court of Buford. . . . . . . . . . . . . 6:?0 To create district court for Tifton ............ 740 770 861 To repeal act to create. city court of Mt.Vernon .. "774 8B8
CRIMINAL LAW-
To abolish death penalty. . . . . . . . . . . . . . . . . . . . . 201 Relative to trial of criminal cases returnable to
county courts without indictment ............. . 323

CROPPER-;-(see Landlord and Tenant)-

DALLASTo issue bonds-(see Bonds).
DAMAGESRailroad companies to pay fot stock killed....... 586 733
DAMSAuthorizing J. J. Fretwell to build across Savannah river .................................. 641 740 i87

DAYS OF GRACETo abolish .................................... 192 499 557

DEATH PENALTY-

To abolish ............................. o o o o

201

DEAF AND DUMB INSTITUTE-(see School for Deaf).

DEFENDAN,. TS-
Allowed to testify in their own behalf in criminal cases ........................................... 12:!
Allowed to plead set oft's in certain cases. . . . . . . . 352 500

DEPARTMENT O"!J' HEALTH-(see Health).

DEPOTRequiring lessees to repair-(see W. & A. R. R.)o

DEPUTY SHERIFFSTo provide compensation for in certain cities.l05 252 264



1060

INDEX.

DELACEY, JNO. F.To pay him $62.50............................ 161 504 813

DIAMOND SCHOOL DI~TRIC'f-
'fo incorporate................................... 2:?0
DISPENSARIEs-
To create in Talbotton...... . . . . . . . . . . . . . . . . . . . . . 106 To create in Hamilton .................... 221 498 741 763 To create in Wrightsville ..................... 221 256 591 To create in Colquitt ......................... 229 295 365 To create in Dalton . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 811 861 To create in Taylor county .................... 318 382 591 To create in Ocilla ............................ 322 500 589 To create in Milledgeville ..................... 541 597 888 To <>reate in Buena Vista ..................... 617 740 775 To create in Webster county ...................... 720 791 To repeal act to create in Washington, Ga.l08 308 347 ll61 To amend act to create in Pulaski county ..... 260 372 481 To amend act to create in Buena Vista. . . . . . . . . . 522 To amend act to create in Athens ............. 546 596 767 Managers of to make annual report to Comptroller
General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 907

DOG8-
To make it unlawful to poison ................... 583 735

DOUGLASVJLJ,E COLLEGETo repeal act relative to school funds of...... 322 498 592

DRUNKENNESsTo prohibit in public places ....................... 287 500

EDUCATIONAL-
To teach elementary principles of agriculture and civil government in the public schools ......... 162 49-1

ELECTIONS-

Of Speaker. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

!l

Of Clerk.........................................

26

Of Speaker pro tem. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

Of Doorkeeper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

Of Messenger . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .

32

Of United States Senator ............... , . . . . . . . . 210



INDEX.

1061

ELECTION AND ELEC'fiON LAWS....,.
To revise election laws ....................... 107 388 39R To elect railroad commissioners by the people.... 125 To preserve the purity of elections, etc . . . . . . . . . 155 To amend election laws .............. :. . . . . . . . . . . 200 To amend act relative to election laws of Cordele 721 866 To fix time of election of officers in certain
cities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 724 791 871 .To prescribe manner of electing county school
commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 739 To elect judge and solicitor of city court of
LaGrange by people. . . . . . . . . . . . . . . . . . . . . . . . . . . 722
EMPLOYERS AND EMPLOYEES-
EXECUTORS, ADMINISTRATORS, ETC.-(see administrators).
EXECUTIONS-
To require to be racorded in county where land is located ................................. 19:! 498 547 557
To regulate the record of ............... : . . . . . .. 352 5!l8
FAIRBURN BANKING 00.-(see Banks).
FEES-(see Oosts and Fees).

FENCES-
To amend stock and fence law. . . . . . . . . . . . . . . . . . . 520 To prohibit building of certain fences in Camden
county ...................................... 553 600 I Hl

FERTIL'ZERS-

To protect farmers against cheap fertilizers.

58(;

FiLESTo provide additional files for Supreme Court... 59S

FIRE OOMMISSIONERS'fo create board of for Augusta ............... 107 736 7ti4

FISH AND GAME-
To amend act to protect game and ~insectivorous birds........................................... 106
To regulate taking of fish and oysters ........ 22 L 370 468

1062

INDEX.

FISH AND GAME-Continued.
For protection of fish. . . . . . . . . . . . . . . . . . . . . . . . . . . . 844 599 To repeal act to protect in Hall county .......... 522 737 To protect fish in Bartow county ..............546 733 87Ll To prohibit shooting of fish in certain seasons .... 553 583 To protect fish in Clayton county ............. 640 785 786

FRANCHISES-
To tax special franchises ..... 206 324 579 641 656 658 9i5
FRETWELL, J. J.Authorized to build dam ..................... 641 740 787

GAMBLING-(see Pools).

GAME-(see Fish and Game).

GARNISHMENTAmount of salary exempt from ................... 346 4H
GEORGIA CANE SYRUP-(see Syrup). GEORGrA INDUSTRIAL HOME-
To encourage and protect . . . . . . . . . . . . . . . . . . . . . . 351 502

GILBERT, B. L.To pay him $1,000 ................................ 721 8!l6

GINNERS-

To be public weighers and markers.

617

HALL OF FAMETo represent Georgia in ......................... 550 866

HANGING-(see Criminal Law).

HEALTH AND HEALTH OFFICERSTo create department of ......................... 345 50

INDEX.

1063

HISTORICAL RECORDSTo provide for preservation of. . . . . . . . . .. . . . . . . . . . 199

HOPEFUL SCHOOL DISTRICrTo incorporate ............................... 584 868 888

HORSE OWNERS AND RAISERSTo provide for protection of. . . . . . . . . . . . . . . . . . . . . . 201

ILLUMINATING OILS7"(see Oils).
IMMIGRANT AGENTSTo amend act requiring license of................ 193

INAUGURATION OF GOVERNOR.................... 117

INDIAN SPRINGSTo provide for preservation of................ 140 367 517

INDICTMENTS-
Authorizing Judge of Northern Judicial Circuit to transfer to city court.... . . . . . . . . . . . . . . . . . . . 262

INTEREST-
To make charging of more than 25 per cent. a misdemeanor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~22

IN.SPECTOJ.l.S OF ROADS AND BRIDGESTo amend act to provide for ........... 242 372 470 1020

INSURANCE COMPANIES AND LAWS-
To amend act to incorporate Southern Mutual. 256 375 590 To amend act to insure public buildings and
libraries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . 241 600
INVITA'l'IONS-
To attend State Fair at Valdosta................. 118 To visit Athens .......... ,....................... 129 From Young Men's Democratic League......... 131 To attend barbecue at Cold Springs.............. 188

1064

INDEX.

JASPERAuthorized to issue bonds-(see Bonds).

JOINT SESSIONS-

To consolidate election returns..................

9t>

'l'o Inaugurate Governor ......................... 117

To hear address of Rev. Wallace Buttrick........ 214

To hear address of Hon. A. S. Clay. . . . . . . . . . . . . . 22&

JUDGES AND SOLICITORS-
To increase power of certain judges setting in vacation ................................... 191 4\19 546
To regulate the work of judges of superior courts 3-!5 To elect judge and solicitor of LaGrange by the
people......................................... 722

JUDICIAL CIRCUITS-

To organize Valdosta circuit.....................

41

JUIUSDICTION-
To cede certain roads appro:tching Chickmauga Park to United States .................... 163 375 50;)
To cede certain land in Savannah to United 8tat<>s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6H 736 780
To cede certain land in Athens to United States 721 791 1-iiO

JURORS-To prescribe <1ualitication of.................. 201 3il ;)60

JU~TICES OF PEACE--

Prohibited from procuring dismiss:tl of crimnal

warrauts...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5:22

KEEPER OF PUBLIC BUILDINGSTo define duties of............................... 355 502
LABOR AND LABOR S'l'ATISTICSTo regulate the employment of children in factories ............................................ 123 4\IU
LAN DBAuthorizing the mayor of Washington, Ga., to sell certain land ............................ 513 597 716

INDEX.

1065

LANDLORD AND TENANT-
When unlawful to contract with tenant .......... 152 841 Unlawful to discharge tenant without cnuse .. 198 263 558 Tf, repeal act saying when it is unlawful to con-
tract with tenant .............................. 358 600
LEIGH, RON. S. E.Sworn in as member of House................... 47!J Assigned to committees.......................... 479
LEONARD SCHOOL DISTRICTTo incorporate .............................. 587 737 787
LIABILITY-
LIBRARIES-
To amend act to insure . . . . . . . . . . . . . . . . . . . . . . . . . 24 L 600
LICENSES-
Authorizing county commissioner~:~ to charge license against dealers in junk ................... 156 733
To repeal resolution revoking license of certain railroads................... . . . . . . . . . . . . . . . . . . . 7:?1
Amend act requiring license of immigraut agents 193
LIQUOR AND LIQUOR LAWS-
To prohibit sale of in Lee county . . . . . . . . . . . . . 318 503 589 To prohibit manufacturing of in Douglas coun-
ty ......................................... 836 441 487 To regula.te sale of in certain cities. . . . . . . . . . . . . . . 58li To fix: license to sell in Brooks county ........ 610 73! 89~ 'l'o prohibit sale of in Stewart county ......... 617 738 78:{ To prohibit manufacturing of in Upson county .. 723 78\J To make it unhwful to purchase through minors 723

LUNATIC ASYLUM-(see State Sanitarium).

MACON HOSPITAL ASSOCIATION-
Authorizing commissioners of roads and revenues to contribute to support of.................. 138 224 22:

1066

INDJtX.

MARBLE HILL SCHOOL DISTRICTTo incorporate ................................ 620 739 782
MARIETTA PAPER MILLSFor the relief of. . . . . .. . . . . . . . . . . . . . . .. .. . . .. .. . . . 255
MARRIAGE LICENSEMaking unlawful to misrepresent age............ 424

MA'l'RIMONIALTo prohibit Intermarrying of races. . . . . . . . . . . . . . . 2:).5
McGEHEE E. J.To refund certain taxes to........................ 123
ME.L\.NSVILLE SCHOOL DISTRICTTo Incorporate ............................... .4!0 598 713
MESSAGEB--Executive43 242 360 416 456 519 536 625 654 702 799 (978 veto message).
MESSAGEB--Senate41 136 150 213 224 236 265 283 308 317 321 325 375 388 397 417 418 457 551 571 623 647 654 6S6 688 702 707 754 759 805 84!! 876 S82 892 895 908 913 920 929 930 933 972 975 983 985 987 988 993 994 996 1001 1007 1008 1010 1014 1017 1020
MILITARYTo reorganize. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512
MINORSRecorders given power to commit to reformatory. 154 815
MISCELLANEOUS BI:ULSTo grant certain parties right to appeal to special juries............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208

INDEX.

1067

MISCELLANEOUS BILLS-Continued.
Relative to judgment of value of certain prop erty......... .... . . . .......... ... . . . ......... ... 345
To locate position of Georgia troops in Vicksburg campaign, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 852
To close certain private ways .................... 854 1\08 To define duties of keeper of public buildings. . . . 855 502 To create permanent loan fund in treasury....... 416 To protect property and lives of traveling public. 522
MISDEMEANORSTo prescribe manner of disposing of cases in county court ............................... 151 497 542.
MORTGAGESRelative to priority of............................ 188
MUNICIPAL CORPORATION8-(see Corporations).

MURPHY, MRS. LULA-To relieve from marital disabilities.............. 424
NON-RESIDENTSTo provide for situs of debts due .............. 139 369 459

NORCROSSTo repeal act to issue bonds-(see Bonds).

NOTARIES PUBLICTo limit fees of-(see Cost and Fee3).

OILSTo provide for testing oils ...................... ; 552 135

ORDINARIES-

To approve official bonds ......................... 523 i83

ORPHANSTo aid in support of........... . . . . . . . . . . . . . . . . . . . 221

1068

INDEX.

OYSTERS-(see Fish and Game).

PALMETTOAuthorized to issJ,le bonds-(see Bonds),

PASSES-
To prohibit State officials from using .. 189 253 308 389 396 432 435

PATROL-(see Police).

PENSION COMMISSIONER-(see Commissioner).

PENSION EXAMINERS-

To provide for board of .............. .

223

PENSIONS-
To restore Mrs. P.M. Freeman to roll . . . . . . . . . . . 155 To pay MaryS. Jarrard a pension ............ 161 367 816 To pay Mrs. E. W. Stewart a pension ........... 190 737 818 To regulate the drawing of ................... 192 499 558 To pay pension to wido;v of McD. Felder. . . . . . . . . . 220 'fo pay pension to Martha Hattaway .......... 223 368 820 To pay pension to Mrs. H. E. Malone . . . . . . . . . . . . 262 To pay pension to Mrs. E. J. Simpson . . . . . . . . . . . . 318 To pay pension due Jas. S. Hall . . . . . . . . . . . .. .. .. 34() To pay pension toT. J. Long . . . . . . . . . . . . . . . . . . . . 347 To pay pension to Mrs. Agnes Renew ......... 388 504 837 To pay pension to Mrs. J. E. Butler . . . . . . . . . . . . 426 868 To pay pension due David L. Rogers....... . . . . . . 512 To pay pension to all needy veterans and widows. 520 To pay pension to Mrs. R. L. Laird . . . . . . . . . . . . . .. 5'H To provide for the disbur,;ement of . . . . . . . . . . . . . . 543 To pay pension to Mrs. B. G. Smith ............ 551 738 844 'Io pay Mrs. Mary E. Flynt $180 pension .......... 556 738 To pay Mrs. R. W. Laird pension . . . . . . . . . . . . . . . . 601 841 To prorate pension funds . . . . . . . . . . . . . . . . . . . . . . . 617 As to transferring money from one fund to an~ther 640 866

PISTOLSTo regulate sale of .............................. 207 233
POLICETo establish patrol in each militia district ..... 124 367 537

INDEX.

1069

POLIOE COMMISSION-
To amend act to create board of for Augusta .. 124 368 460 To amend act to create board of for Savannah . . . . 451
POOLS-

To prohibit the selling of ...................... 1S9 496 545

PRACTICE AND PROCEDURE-

To regulate proceedings in certain claim cases

140

To regulate in justice courts in certain cities .. 154 597 718 To regulate in superior court relative to writs of
error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. 155 To provide for in city court of Atlanta .... _.. 437 503 593 To provide ,for in Supreme court.................. 587

PRINTING-
To print House Bill No. 8 . . . . . . . . . . . . . . . . . . . . . . . 229 To print House Bill No. 100............ . .. . . . . .. 236 To print House Bill No. 186 . . . . . . . . . . . . . . . . . . . . . . 226 To print House Bill No. 188-. . . . . . . . . . . . . . . . . . . . . . 415 To print House Bill No. 9i . . . . . . . . . . . . . . . . . . . . . . 415 To print Governor's message . . . . . . . . . . . . . . . . . . . . 136

PRINTING FUNDTo meet deficiencies in-(see Appropriations).
PRISON COMMISSIONTo amend act to create ....................... 210 319 377 To amend act to create ....................... 353 480 494 Authorized to release convicts upon parole ...... 449 504

PRII:!ON MADE GOODSRequired to be so labled ...................... 199 500 559

PUBLIC BUILDINGSTo amend act to provide for insurance of........ 241 600

PUBLIC PROPERTY FUNDTo appropriate to the payment of interest on Bonds......................................... 640 686
PUBLIC WEIGHER8-(see Ginners).

1070

INDEX.

QUO WARRANTO-
To provide for issuing writ of.................... 450 597
RAILROAD COMMISSION-
To extend powers of... " ........................ 124 367 To be elected by the people. . . . . . . . . . . . . . . . . . . . . 125 To enlarge power of.............................. 521 736
RAILROADS AND STREET RAILWAYS--
To provide protection for motormen............ 152 To prohibit from granting passes to State offi
cials-(Eee Passes). To prohibit from crossing streets and .roads. . . . . . 190 369 Authorized to engage in steam heating business 190 736 When authorized to carry paroles and packages 261 To prohibit running of trains with two locomo
tives........................................... 223 Required to furnish flatcars with standards..... 4~4 Authorized to increase capital stock ............. 426 499 'Authorized to extend lines ...................... 426 499 Required to run trains once a day ............... 521 733 Authorized to condemn common use of tracks.. 547 To pay damages for stock kille.,. . . . . . . . . . . . . . . . . 586 733 Required to construct crossways................. i3i
RECORDERS-
Tv commit minors to county reformatory ...... 154 875
RECORDS-County-
Open to examination at any time.... . . .. . . . . . . . . 208

REDWINE, T. W.-

Oath of office administered to. . . . . . . . . . . . . . . .

!l!}

REGISTRATION-
Where registration books shall be left ........... 163 i38 To repeal registration law....................... 255
RELIEFOf J. W. Wilcox .. .. . .. .. . .. . .. .. .. .. .. .. . .. . 139
Of Michael Steele, et al......................... 19(}

INDEX.

1071

RELIIEF-Oontinued.

Of V. T. Sanford .............................. 199 368

OfE.A.Buck.................................... 818

Of W. & A. R. R...Co .................... 439 738 875 1006

Of G. 8. Duke. . . . . . . . . . . . . .

. .............. 587 739

ll.EPO:itTS OF COMMITTEES-

Of Committee to notify Governor of. organization

of House.......................................

87

Of Committee on Rules ....... 184 186 144 240 386 376 419

498 577 774 802 811 850 875

Of Committee on Halls and Rooms.............. 205

Of Committee on Counties and County Matters.. 217

239 278 297 816 864 88! 413 448 477 518 519

538 580 606 615 668 679 687 726 771 806 827

Of Committee on Ways and Means ............ 218 277 281

628 566 669

Of Committee on Constitutional Amendments ... 219 410

678

Of General Judiciary Committee .......... 236 277 296 332

388 410 472 529 579 646

681 770 828 859 899 932

Of Special.Judiciary Committee ...... 238 279 315 330 407

446 476 554 612 671 728 770 829

Of Committee on Appropriations ......240 281 314 336 409

449 478 528 552 673 807 813 836

Of Committee on Pensions........ 240 279 315 334 335 406

550 64f 726 785 835 901

Of Committee on Temperance ............ 278 382 406 570

616 672 772'830 901

Of Committee on Privileges and Elections....... 287

Of Committee on Corporations ............... 295 298 316

342 343 418 429 452 478 682 725

732 773 784 790 881 885 889 891

Of Committee on Banks .......... 309 427 540 582 680 806

Of Committee on Special Agriculture ............ 317 413

586 582 614 680

Of.Committee.on Hygiene and Sanitation ..... 340 475 785

Of Committee on Enrollment ................. 36! 456 524

609 625 764 886 925 1037

Of Committee on General Agriculture ....... 385 457 539

644 784 906

Of Committee on Immigration . . . . . . . . . . . . . . . . . 386

Of Committee to Examine into Convict Lease

System...... . . . .. . . . . . . .. . . .. . . .. . . . . ..... . . 386

1072

INDEX.

REPORT OF COMMITTEES-Continued.
Of Committee on Education .............. 412 438 495 556 678 724 826 891
Of Committee .on Public Property................ 413 Of Committee on Pnblic Printing................ 447 Of Penitentiary Committee ............... 475 566 808 88:5 Of Committee on Railroads ...................... 476 924 Of Statuary Commission.. . . . . . . . . . . . . . . . . . . . . . . 563 Of Committee on University of Georgia.......... 673 Of Committee on W. & A. R. R................... 725 Of Committee on Blind Asylnm. . . . . . . . . . . . . . . . . . 730 Of Committee on Military Affairs . . . . . . . . . . . . . . 772 Of Committee on Wild Lands . . . . . . . . . . . . . . . . . . . 807 Of Committee to examine books of Treasnrer and
Comptroller-General. ......................... . 830 Of committee on public library ................. . 862 Of committee to examine governor's message ... . 933 Of committee to visit soldiers' home ............ . 1024

'REPORTS OF MINORITY COMMITTEES-

Of committee to examine convict lease system.

361

Of committee on couuty and county matters on

house bill No. 139 .. . . .. . .. .. . .. . . .. .. . . .. . .. . .. 414

Of committee on education on house bill No. 37.. 513

Of committee on corporations on senate bill No.1 836

Of special judiciary committee on house bill No.

388.............. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 878

REPORTS OF CONFERENCE COMMITTEES-
Of committee on house bill 150 ..... . . . . . . . . . 987 Of committee on general appropriation bill 1002 1009
1012 10~6 1034 1035 1036 Of committee on franchise tax bill. . . . . . . . ..... 1012 1032 Of commiitee on general tax act ...... 1015 1030 1031 1032

RIGHTS OF WAYAuthorizing corporations to condemn. . . . . . . . . . . . 294

ROADS AND BRIDGES-
To amend road laws ........................... . 344 49i To prohibit use of by steam propelled vehicles .. 618

INDEX.

1073

SALARIES-
To fix salaries of Solicitors-General. . . . . . . . . . . . . . 423 To reduce salary of judge of city court of Elber-
ton . . . . . ................................... 122 597 715 To establish salaries of judges of superior courts . 141 369
459 To fix salaries for clerks of ordinaries........... 318 To increase salaries of judges of superior courts .. 319 502 To increase salary of mayor of Madison, Ga ...619 788 783

SCHOOL BOOK COMMISSIONTo appoint to investigate the uniformity system. 341

SCHOOL FUNDS-
To pro rate between white and colored according to taxes paid................................... 787

SCHOOL FOR DEAF-
To appropriate $20,000 to-(see appropriations).
SCHOOLS-Public-
To teach principles of agricultural and civil government in...................................... 162 494
To create a system of, in Ocilla ............... 823 442 487 'fo amend act to create, in Ashburn.......... .427 599 714 To establish system of, for Sylvania........... 552 598 717 To amend act to create system of, in Doerun .. 586 789 778 To amend act to create system of, in Jesup ... 618 781 789 T~stablish system of, in town of Bowdon .... 618 788 783 To amend act to create system of, for Marshall-
ville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 723 789 870
SITUS OF DEBTI~-
'fo provide for, due non-residents ............. 189 369 459

SOLDIER3-
To provide for roster of. . . . . . . . . . . . . . . . . . . . . . . . . . 107 To protect Confederate and other soldiers..... 122 255 358 To create commission to make roster of....... 223 255 860
68 h j

1074

INDEX.

SOLDIERS' HOME-

To provide water main for. . . . . . . . . . . . . . . . . .

319

To amend act providing for acceptance of. . . . . . . . 320

SOLICITORS-GENERALFees limited-(see Costs and Fees).
SOUrHERN'MUTUAL INS. CO.To amend act to incorporate .................. 256 375 590

STATE NORMAL SCHOOL-(Milledgeville)-

To make appropriation for. . . . . . . . . . . . . . . . . . .

289

To beautify grounds of. . . . . . . . . . . . . . . . . . . . 323 504 777

STATE UNIVERSITY-

To establish agriculture school as branch ~f......

425

To make annual appropriation to.. . . . . . . . . . . . . . . . 584

To amend act defining composition of Trustees. . . 290

STATUARY HALL-(see Hall of Fame).

STENOGRAPHERTo pay W. F. Blue for stenographic work ......523 600 839

STEPHENS, E. A. To refund to him the sum of $50.00. . . . . . . . . . . . . . . 896

STOQK LA W-(see Fences).

STOCKSTo regulate the sale of in bulk.. . . . . . . . . . . . . . . . . . . 342

STREET l.UILWAYS-(see Railroads).

SUMMERVILLE-
Authorized to issue bonds.. . . . . . . . . .......... 123 314 347 .\ uthorized to maintain cemeteries.. . ............ 123 348

SYRUPTo regulate the sale of Georgia cane syrup .... 295 373 850

INDEX.

1075

TAXES AND TAX LAWS-
To refund certain taxes to E. J. McGehee . . . . . . . . 123 To provide for fair assessment of property of rail-
roads for taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125To tax special franchises-( see Franchises). To bring suit to recover land sold for taxes .... 208 370 563 To amend road laws providing for commutation
tax............................................. 2~2' To tax all real and personal property, etc......... 263 29Qo To provide for organization tax on corporations . . 4~-l "General Tax Act ............. 219 254 663 69L 69'l i03 709
748 756 759 794 985 98~
TAX OFFICERS-
To change manner of paying tax receivers ....... . 425 To appoint tax commission .... , ............... .. 620 740

TEACHERS-
To create fund for prompt payment of. . . . . . . . . . . 256 . To regulate payment of first grade............... 35~

TECHNOLOGICAL SCHOOLTo make appropriation to Trustees of University for the use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:?lf
TENANT-(see Landlord and Tenant).

TENNILLE SCHOOL DISTRICTTo inc_orporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 253 264

TEXT BOOKS-

To amend school laws so as to provide for uniform

series of.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40,

To amend law relative to changing by Boards of

Education............................. . . . . . . . . 641

TRUSTEES-
To amend act defining the composition of Board of for State University.. . . . . . . . . . . . . . . . . . . . . . . . 2!l()o

UNIVERSITY-(see State University).

10i6

INDEX.

USURYShall not make void a deed to secure a debt'... . . . 222 To prohibit the charging of more than 25%-(see Interest).
VEGA SCHOOL DISTRICTTo incorporate ................................319 441 591
VOTESTo prohibit the buying and selling of............. 153
W. & A. RAILROADState to pay expenses of all cases for which county is liable in trial against . . . . . . . . . . . . . . . . . . . . . . . 107 734 Special committee on-(see Committees). To abolish the office of attorney of ............ 163 253 306 To require lessees to repair depot ............... 721 932
WASHINGTONTo sell certain real estate in .................. 513 597 716

WAYNESBORO, GA.To amend act to incorporate ................. 423 451 492

WEAPONS-
To regulate the sale of. . . . . . . . . . . . . .. . . . . . . .. .. . 353 375 To regulate the carrying of....................... 602

WEIGHTS AND MEASURESTo appropriate $500.00 for .................. , .. . .. 255
WITNESSESTo make certain persons incompetent as... . . . . . . . 220
YOUNG'S TANYARD SHOOL DISTRICTTo incorporate ................................ 263 735 769

ZEBULON SCHOOL DISTRICTTo Jncorporate . .. . . . .. . . . . .. .. . .. .. . . . .. .... 585 734 779

INDEX.

PART II.

HOUSE RESOLUTIONS.

RESOLUTION-

To notify Senate of organization of the House.

35

To provide for Committee on Rules..............

35

Providing for joint session to open election re-

turns........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

To appoint committee to arrange for inaugural

ceremonies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

To appoint a Commmittee of Finance .... .41 112 164 194

Thanking authorities of Interstate Fair Associa-

tion..... ............... . . . . . . . . . . . . . . . . . . . . .

!)7

To refer bills and resolutions relative to construc-

tion of depot to a special committee of ten.... . 102

To appoint committee of five to investigate condi-

tion of depot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

To refer certain parts of Governor's message to

committee of five>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

Limiting the number of sub-committeemen ... 105 112 513

Calling on State Librarian for certain information 108 121

To visit State Fair at Valdosta................... 118

On death of Hon. W. B. Berry . . . . . . . .. . . . . . . . . . . 121

Relative to general tax act and appropriation bill 125

Providing an office for clerk of House. . . . . . . . . . . 126

Accepting invitation to visit Athens.............. 121

Providing for committee to investigate lease sys-

tem of convicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13:!

To refer House bills Nos. 56 and 57 to special com-

mittee ................. :. . . . . . . . . . . . . . . . . . . . . . 141

To appomt committee to look into repairs needed

on capitol.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . 156

Regulating the appointment of doorkeepers and

pages and porters . . . . . . . . . . . . . . . . . . . . . . . 156 160 166 188

Extending sympany to Hon. G. W. Adams....... 156

To abolish office of attorney of W. & A. R. R..... 160

1078

INDEX.

RESOLUTIONS-Continued.

To appoint committee to examine books of Comp-

troller-General and Treasurer .................. 162 194

To purchase the Georgia .Justice ................. 163 232

Authorizing employment of a stenographer...... 163

To restore John Crawford to position of page. . . . . 16t

Extending privileges of floor to Hon. W. R. Beas-

ley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197

Inviting Rev. Wallace Buttrick to address the

House . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... 19i 214

Providing for acceptance of invitation to attend

State Fair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197

Thanking the people of Athens............ . . . . . 197

Inviting U1.ited States Senator, Clay to address

General Aesembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213

Inviting Miss M. Rutherford to address General

Assembly.......... . . . . . . . . . . . . . . . . . . . . . . . . . . 224

Extending thanks to Major John M. Egan and

others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228

Thanking J. M. Slaton, etc....................... 231

To pay chief porter of House $3.50 per diem. . . . . . 260

Authorizing the Governor to borrow money ... 262 368 i~l9
1 ow

To adjourn in honor of ~Elpator Sullivan..........

266

To adjourn on Thanksgiving Day.... . . . . . . . . . . . 282 il!i/

To appoint Mr. Carrington a member of Commit

tE'e on Education.. . . . . . . . . . . . . . . . . . . . . . . . .... 28i 3-10

Providing for committee to investigate Soldiers'

Home

. . . . . . . . . . . . . . . . . . . . . . . . 298 iHi5

Relative to granting of unanimous consent ...... 294 326

Requiring all general bills to be printE'd . . . . 2[14 32!i 3:17

Making ' Australian Ballot Bill" special order... :-l-10

To pay per diem of Sena.tor Sullivan .......... 341 481) 1\37

To appoint Committee on Roads and Highways. 3ii7 420

Providing for callendar to be printed each day ... 377 4:!1

To refer all franchise bills to special committee .. 31!6 421

Requesting Prison Commission to furnish certain

information .................................. 4:?0 523

Making Child Labor Bill" special order........ 4:~8

To increase per diem of elevator boy. . . . . . . . . . . 439

To appoint commission to examine text-book sys-

tem ......................................... . 494

Congratulating Mr. Carswell on his marriage ... . 556

That no member shall draw per diem when absent 561

INDEX.

1079

RESOLUTIONS-9ontinued.

Providing a joint committee to visit State Uni-

versity ..................................... 561 601

Providing that clerk furnish names of absentees

to the press . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 562

To declare Sundays diPs no?'! ..... : . ............. 587 774

To appoint tax commission . . . . . . . . . . . . . . . . . . . . . . 620

To wl}om roll-call shall be furnished. . . . . . . . . . . . . 639

Providing for a committee to equalize the duties

of judges of superior courts. . . . . . . . . . . .. . . . . . . . . 640

To investigate books, etc., of certain State House

officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

722

To appoint committee to investigate State Sani-

tarium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 769

To improve acoustic properties of House..... . . . . !l!3

Sympathizing with family of Geo. P. Erwin, de-

ceased . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 826

Providing for C(l!nmittee to investigate Deaf and

Dumb Asylum ................................. 859 931

To declare Thank~giving Day dies non. . . . . . . . . . . .

865

Regulating the gift of patronage of the House. . . 980

To investigate certain State institutions . . . . . . . . . 931

Providing for statement of unfinished business... 986

Providing for completion of unfinished business.. 986
ThankingMrs. Maud :h. Cobb, postmistress . . . . . 994

To pay doorkeeper's page $100 . . . . . . . . . . . . . . . . . . . 1028

'fo adjourn sine die. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1044

INDEX.
PART III.
SENATE BILLS-
To cede jurisdiction over lands in Walker county to United States ............................ 256 604 775
To accompany remains of Senator Sullivan to Augusta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
To pay certain costs and fees ................. 306 865 902 To amend act to create county courts (Marion) .356 416 fl05 To amend charter pf Flintstone . . . . . . . . . . . . . . . 356 452 50fl To amend section 982, volume 1 of Code ...... 356 508 605 To amend section 961, volume 3 of Code ..... 357 863 902 To amend section 982, volume 1 of Code ...... 857 509 606 To repeal section 397, volume 3 of Code . . .... 357 308 902 To amend act reviving office of State Geologist.382 508 902 To amend section J570 of the Code. . . . . . . . . . . . . . . 442 To repeal act to appoint agent to look after prop-
erty in Tennessee ........................... 442 864 903 To amend article 8, section 4, paragraph 1 of the
Constitution .. .. .. .. . .. . .. ..................... 442 745 To amend section 401, volume 3 of the Code...... 443 To repeal act to create city court of Hall county . 443 604 Unlawful to hunt upon lands of another in Co-
lumbia county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .443 524 6)5 Unlawful to offer adulterated spirits of turpen-
tine for sale. . . . . . . . . . . . . . . . . . . . . . . . ....... 448 603 998 To fix boundaries of lands bordering on tide-
waters . . . . . . . . . . . . . . . . . . . . ................. 443 508 9ll4 To amend section 2180, volume 2 of Code ........ 444 927 To amend section 2412, volume 2 of Code......... 444 To amend section 311 of the Code . . . . . . . . . . . . . . . . 4.U To amend section 4315 of the Code .......... .444 604 1011 To amend section 982, volume 1 of Code ...... .445 603 971 To increase number of terms of superior court of
Richmond county ......................... 446 604 lOll To amend act to incorporate town of Midville .445 745 !J7L To change time of holding superior court of Union
county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445 603 9i0

INDEX.

1081"

SENATE BILLS-Continued.

To incorporate the Forsyth school district ... .445 745 971

To amend act to create board of commissioners for

Hancock county ........................... 445 509 604

Relative to establishing agricultural schools in

each congressional district ................. 446 745 1001

Authorizing guardians to charge. cost of bond .... 507 746

To change time for holding election for Governor. 507

To change tbp.e for meeting of General Assembly. 508 746

847 978

To prescribe rules which shall govern in transpor-

tation of dead ............................. 508 864 1010

To incorporate Merrillville . . . . . . . . . . . . . . . . . . . 602 745 1000

To amend section 982, volume 1 of Code ....... 602 745 999

To amend charter of Thomasville, ........... 602 745 1000

To reorganize military forces ................. 741 788 888

To require defendants to set forth answers in par-

agraphs ........................................ 741 926

To provide for testing of illuminating oils ........ 741 926

To amend section 2017, volume 2 of Code ...... 741 864 997

To amend act to amend section 1541, volume 1 of

Code........................................... 742

Authorizing prison commissioners to hire convicts

for five years ............................... 742 866

To amend school laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 742

Making it misdemeanor to become intoxicated... 742

To protect officers of State penitentiary.........

743

To create system of schools in Ft. Gaines .... 743 8!>5 927

To prohibit the sale of liquors to convicts . . . . . . . . 743

To require Attorney-General to perform duties of

attorney of W. & A. R. R .................. 743 865 1013

To suppress gaming houses . . . . . . . . . . . . . . . . . . . . . . 743

To reduce compensation of treasurer of Wilkin-

son county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 744 865 999

To repeal act to create city court for Mt. Vernon. 810 899

To amend act to create dispensary in LaGrange.810 865 999

To amend act to incorporate town of Newton.810 865 1016

To amend eharter of Americus:. . . . . . . . . . . . . . . . . . 810 865

To incorporate town of Chester ............... 810 865 1013

To incorporate town of Atwater ................. 810 1010

To regulate sale of mortgaged property .......... 863 865

To create dispensary in Coffee county ............ 863 899

To amend act to create city court of Douglas.863 927 1015

To amend section 1541, volume 1 of Code......... 864

1082

INDEX.

SENATE BILLS-Continued.
To amend sections 1840 and 1841 of Civil Code.896 926 997 To authorize street railway companies to increase
capital stock ................................ 896 927 99R To authorize street railway companies to extend
their roads. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R96 926 To amend act to amend section 752 of Penal
Code ...................................... R96 926 1013

lNDEX.

PART IV.

SE~ATE RE:SOLUTIONS-

Inviting Hon. Jas. Wilson and others to address

General Assembly ............................ . 230

To pay per diem of Senator Sullivan ............ . 357

Relative to rate of taxation for 1902 and 1903 .... . 603

Authorizing burning of cancelled bonds ...

742 864

To appoint committee to visit college of Agri-

culture ........................................ 744 788

To authorize Brumby Memorial Association to

erect monument on Capitol grounds ...... , .744 864 967

To pay pension of J. Lucas.. . . . . . . . . . . . . . . . . . . . . . 744

Memorializing Congress to reimburse certain

claims ..................................... 744 864 970

To inquire into present system of adopting text-

books ....................................... 889 926 H06

POSTMISTRESS-

The appointment of Mrs. Maud B. Cobb..........

35