Journal of the House of Representatives of the State of Georgia at the regular session of the General Assembly at Atlanta, Wednesday, June 24, 1908

JOURNAL
OF THE
House of Representatives
OF THE
STATE OF GEORGIA
AT THE
REGULAR SESSION
OF THE
. GENERAL ASSEMBLY
At Atlanta, Wednesday, June 24, 1908.
ATI,ANTA, GA .Pranklia- Turner Company
19QS

JOVRNJ:{L

ATLANTA, GA.~
\Vednesday, June 24, rgoR

The House met pursuant to the laws of Georgia at 10 o'clock a.m. this day in the Hall of the House of . Representatives in the city of Atlanta; was called toorder by the Speaker, Han. John M. Slaton, and opened with prayer by the Chaplain.

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

Adams of Chatham, Adams of Elbert, Adams of Wilkinson, Adkins, Alexander, Ail en, Anderson of Bulloch, Anderson of Cobb, Ashley, Atkinson, Austin, Baiiard, Barksdale, Barrett, Barrow, Beii, Berry, Blackburn, Bond, Bowen, Boyd,
Brow-n of btrro!l,

Brown of Oglethorpe, Davis,

Buchannon,

Davison,

Burkhalter,

Dean,

Burwell,

Dickey,

Butt,

~onalson,

Calbeck,

Dorminy,

Caiiaway,

Dunbar,

Candler,

Duggan,

Chamlee,

Dykes,

Clark,

Eaves,

Clifton,

Edmondson,

Coilum,

Edwards,

Coqk of Chat'hoochee, Ellison,

Cook of Telfair,

Este3,

Cooke of Thomas

Fagan,

Covington,

Flanders

Couch,

Flannigab,

Cowan,

Foster,

Crawford,

Fowler,

Crumbley,

Fraser,

Culbreth,

Frier,

Dariiel,

Fullbright,

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jOURNAL OF THE HousE,

:Furr,

McMichael,

Geer,

McMullan.

'Gibson,

McWilliams.

"Glenn,

Martin,

Godley,

Massengale,

Goode,

Maxwell,

Guyton,

Mays,

Hall,

Mercer,

~Hamilton,

Moore,

liardeman,

Morris.

Harris,

Mundy,

Haywood,

Nix,

Heard,

Nowell,

Hill,

Odum,

Hines,

Orr;

Holder,

Parker.

Howard,

Parrish,

Hubbard,

Payton,

Huff,

l'erry,

Huie,

Persons,

Hullender,

Peterson,

Jackson,

Pope of Brooks,

Johnson of Jasper, Pope of Dade,

Johnson of Jeff Davis, Powell,

Johnson of Towns, Price of Bartow,

Jones of Meriwether. Price of Oconee,

Jones of Mitche11, Reid of Macon.

Keith,

Reid of Putnam,

Kendall,

Reid of Wilcox,

Kendrick,

Roger!,

Lee,

Rountree,

Lively,

Russell,

Lumsden,

Ryals,

Lunsford,

Shaw,

McCarthy,

Sheffield,

Mcintyre,

Simmons,

McMahan,

Slade,

Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Strickland, Stubbs, Sumner, Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmonel, Young, Mr. Speaker.

Those absent were Messrs.-

Atwater,

The following resolutions were read and adopted, to wit:

By Mr.- Hall of Bibb- _
A Resolution providing that the Speaker appoint a Doorkeeper pending the sickness of t~1e present Doorkeeper of the House.
By Mr. Barrett of Stephens-
WHEREAS, Grover Cleveland, Ex-President of the United States, the greatest living Democrat, living forever in the hearts of the American people, this day departed this life,
Resolved, by the House of Representatives that in his death a great loss haa come to the people of the world;
That the profoundest sympathy of this body is tendered his wife and family.
By Mr. Slaton of Fulton-
A Resolution extending the congratulations of the House to Hon. C. E. Dunbar on his recent marriage.
The following Tesignation of the chaplain was read:_
June 24, 1908.
To the Speaker of the House and Members: I hereby tender my resignation as chaplain, thanking
the Speaker and members for courtesies.
My only reason for resigning is in favor of another applicant.
Very truly, W. A. PARKS~

JouRNAl. oF 'tHE HousE,
The following resolution was read and adopted :
By Messrs. Martin of Elbert, Adams of Elbert, and
Price of Oconee-
That the resignation of the chaplain be accepted and the Speaker appoint a committee of three to choose a .chaplain for the present session.
t.
' The Speaker appointed the following members to choose a chaplain for the present session, to wit:
Messrs. Adams of Elbert, ,Blackburn of Fulton, Nix of Gwinnett.
fhe special committee appointed by the Speaker to sel~ct.a chaplain for the present session through its chairman, submitted the following report:
Mr. Speaker:
We, the committee, appointed for the purpose of selecting a Chaplain for the House during the remainder of the term, beg leave to report that we have selected Rev. M. H. Eakes of the County of Morgan, as chaplain for the remainder of the term.
This June 24, 1908.
L. H. 0. MAR'l'IN, Chairman. R. B. BI.ACKBURN, 0. A. N1x.
The report was _read and adopted.
The following message was received from the Senate, through Mr: Northen, Secretary thereof:

7
Mr. Speaker:
I am directed to report that the Senate has convened :and is ready for business.
Also that the Senate has elected Hon. J. J. Flynt of .26th district to the position of President of the Senate to succeed the late Hon. John W. Akin, deceased.
Also, that the Senate has elected Mr. L. W. Reeves {)f Bartow county to the position of doorkeeper, to suc"Ceed the late Hon. F. G. Grieve, deceased.
ATLANTA, GA., June 24, 1908.
The following message was received from his Excel- ~ency the ~overnor, through his secretary, Mr. Carter:
Mr. Speaker: I am directed by his Excellency the ~vernor to deliver to the House of Representatives a communicatfon iin writing.
To the House of Representatives:
I herewith transmit to your honorable body certificates <>f election to fill vacancies that have occurred since the last session of the General Assembly, as follows :
For the county of Mcintosh, Hon. F. H. MacFarland, vice W. H. Rogers, resigned.
For the county of Walton, Hon. John W. Arnold, Jr., vice Hon. N. L. Galloway, deceased.

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JOURNAL OF THE HousE,

For the county of Rabun, Hon. C. E. Cannon~ vice
.Han. R. E. C~nnon, deceased.

For the county of Pulaski, Han. H. H. Wynne, vice Han. S. A. 'vVay, deceased.
For the county of Bartow, Hon. J. B. Crawford~
vice Han. W. J. Neel, deceased.

For the county of Laurens, Han. L.A. Matthews, vice Han. G. W. Williams, deceased.

HoKE SMITH, Governor.

The followil).g members elect came forward and were sworn in as members of the House of Representatives,. the oath of office being administered by the Han. Wm.. H. Fish, Chief Justice of the Supreme Court, to wit:

Messrs. F. H. MacFarland of Mcintosh; J no. W. Arnold of Walton; C.. E. Cannon of Rabun; H. H. Wynne of Pulaski; J. B. Crawford of Bartow; L. A. Matthews of Laurens.

. The following joint resolution was read and adopted:

By Mr. Candler of DeKalb--
That a joint committee of two from tbe House~ and one from the Senate be appointed to wait upon the Governor and notify him that the General Assembly has met according to law, is duly organized and ready for the transaction of business.

By un~nimous consent the following Senate resolut~on was read and concurred in, to wit:

WEDNESDAY, }UNE 24, 1908.
A resolution appointing a joint committee of two from the Senate and three from the House to notify theGovernor that the General Assembly had convened.
The Speaker appointed, in accordance with the above resolution, the following members of the committee on the part of the House: Messrs. Candler, Jackson of Jones, Duggan.
:Mr. Hall of Bibb, moved to take up House Bill No. 18 for the purpose of acting on a Senate amendment. thereto.
Mr. Whitley made the point of order that the motion involved a suspension of the rules, and could only comefrom the. Committee on Rules, and was, therefot:e, out. of order.
The Speaker sustained the point of order.
The following resolution was read and adopted, towit:
By Messrs. Russell, Massengale and FowlerA resolution, that out of respect to the memory of
the deceased members of the House who have died sincethe last session, that upon the reception of the report of the committee to notify Governor, the House adjourn until 10 o'clock to-mqrrow morning.
The following message was received from his Excellency, the Governor, through his Secretary, Mr. Carter;_
Mr. Speaker: I am directed by his Excellency, the Governor, to de--
liver to the House of Represent~tives a communication: in writing.

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MESSAGE
STATE oF GEoRGIA, ExECUTIVE OFFICE,
ATLANTA, GA., June 24, Igo8.
1'o the Senate and House of Representatives:
At the beginning of this, your second session, I again -commend to your favorable consideration the recommendations not yet acted upon which I presented on my inauguration twelve months ago.
Your first session was made memorable by the passage of three most important pieces of legislation.
First, the prohibition bill. Second, the proposed amendment to the constitution of the State, fixing new standards for the right to register and vote in Georgia. Third, the Act amending the railroad commission law, -.enlarging the powers of the Commission, and making that body a public service commission. V/ht1e I neither opposed or advocated the passage of the State prohibition bill, still I I:>e!ieve a majority of the white voters of the State approved your action in pass-ing this bill. It should now be given a fair trial and I >Vecommend that no effort be made by you to change it ..except to perfect 1.t as a prohibition measure.

WEDNESDAY, JuNE 24, I9(>8.

11

DISFRANCHISEMENT ACT.
Under the terms of the Act providing. for the amendment of the Constitution of the State fixing the right of fr~nchise it might be held that a new registration of all voters would be required between the time of its adoption by the popular vote in October and the November election. I could probably withhold the proclamation of adoption until after the November election and thereby save this trouble. An additional paragraph, added to the Act, providing that the constitutional amendment shall not go into effect until January I, I909, would relieve any doubt upon the subject. I, therefore, recommend that another paragraph be added to the bill to be known as paragraph IO, expressly declaring that the constitutional amendment shall go into effect on and after January I, Igog.

THE RAILROAD COMMISSION.

The operation of our new. Railroad Commission law

b~ been most satisfactory.

'

On June 7, 19{}7, the Commission passed an order re-

-ducing passenger rates, the reduction to go into effect on

September I. This order was passed by a vote of two

to one on the part of the old Commission, one of the

.Commissioners having voted against the order. The

railroad companies petitioned the new Commission to

-revoke, or if they did not revoke, to extend the time limit

-of the passenger reduction. The new railroad commis-

sion declined to interfere with the reduction, and the re-

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}OURNAI. OF THE HoUSE,

duction took place under the new Jaw with the advantagewhich it gave for enforcement. But before declining thepetition the new Railroad Commission gave an elaborate hearing to the railroad companies and acted on thereduction after being fully convinced that the reduction was fair and just to the railroad companies as well as tothe public.

ROADS FOUGHT LOWER FARES.
The reduction went into effect September I, 1907;. Bills were filed by a number of railroad companies seeking to enjoin the reduction of passenger rates ordered by the Railroad Commission.
It should be a source of congratulation that no court has granted even a temporary restraining order inter'" fering 1.oith the action of your Railroad Commission either in this or any other matter since the reorganizationr of the Commission.
The bills brought by the different railroads to enjoin the reduction of passenger rates were set for hearing on the same day in different courts. The railroads companies were represented by numerous learned lawyers, especially skiiled in such work. The labor of preparing at once to meet this litigation was urgent and great. By. my request the Attorney-General took charge of the liti-gation in one court and the special counsel for the Rail~ road Commission took charge in another. I employed counsel to help each of the regular representatives of theState in the different courts and for general conferencein the litigation.

WEDNESDAY, }UN 24, 1908.

13

I deem it of the utmost importance that the State when ~ngaged in litigation should use all legitimate facilities for the preparation and presentation of the side of- the people.
The fact that the rates are still in force is proof to
sustain both the action of the Commission and the manner in which the litigation was handle.d.

ADJUSTMENT REACHED.
None of these cases have been finally heard upon their merits. The Southern Railway Compa~y notonly yielded to the two and one-half cent per mile flat rate, but it also conceded a two and one-quarter cent family rate, a two-cent thousand mile ticket, good for an individual, .and a two-cent two tl~ousand mile ticket, good for five members of a firm, the rates to be interstate as well as local.
This adjustment was secured from the Southern in connection with a similar agreement made by it with North Carolina, South Carolina and Alabama and grew out of negotiations conducted by the governors of North Carolina, Alabama and Georgia.
The Atlantic Coast Line had been placed upon a two and one-quarter cent per mile flat rate. This railroad company was resisting the two. and one-quarter cent rate fixed by the Railroad Commission, but it offered to adopt the rate fixed in the adjustment with the Southern Railway Company. The proposition was accepted by the Railroad Commission.
We have, therefore, a flat rate of two and one-half

JouRNAL OF THE HOUSE,.
cents per mile in all the States through which the Southern and Atlantic Coast Line run, good for local and interstate business, and we have also the fi,e hundred mile two and one-quarter cent family rate, the thousand mile and two thousand mile two-cent rates in force over both of these roads good for interstate and State business.
The Central of Georgia Railroad Company is pressing its litigation resisting the two and one-half cent rate and a hearing will probably take place under this case.
FREE PASSES ABOLISHED.
In connection with the reduction of passenger rates. tho Railroad Commission passed an order on October 29 forbidding after December 3I any railroad company under its jurisdiction from issuing or honoring free tickets. or free passes for passengers. The Railroad Commission conformed this order so far as intrastate transportation is concerned to the rule prescribed by the Act of Congress. forbidding free interstate transportation. On Jar..uary 8the Railroad Commission extended this order to all public service corporations under its jurisdiction.
This is a question which has occupied much time before the Legislature, and I can but believe that your honorable OOdies and the public generally will regard the action of the Commission as a happy solution of the subject. While I am not in a position to give the exact figures snowing the savings to the people of the State of Georgia by reduction in passenger transportation, it is reasonable to estimate that it will amount to not less than one million dollars a year. This will be just that

\VED~ESDAY, jUNE 24, xgc8.

Ill

much left in the pockets of those who travel or el.se furnish to them an opportunity of doing just that much more traveling.
Nor has the reduction proved a hardship to the railroad companies. The increased travel and the cessation of free passes, it is believed, will approximately compensate the railroad companies for the savings which the order of the Railroad Commission will bring to the .public.
I shall not undertake to present in detail all the benefits which the people of the State have received through the. Railroad Commission under its enlarged powers.
The value of your law will show more clearly with, succeeding months and years. Already the wise railroad men throughout the United States concede the wisdom and necessity of railroad regulation and supervision. The time will come, even in Georgia, when railroad officials_ will cease to criticise your laws and will recognize them as embodying the best of modern scientific and economicthought upon the subject.

THOUSANDS OF CLAIMS SETTLED.
I wish, however, to mention the fact that while priorto last summer thousands of claims for overcharges and losses had been left by railroad companies to hang formonths and years unsettled, now fro~ all sides the .information comes that a different state of things exists and< that these just demands upon railroad companies are r.._ ceiving prompt attention.

!16

JOURN,, L OF THE HOUSE,

Let me also remind you of the importance of the power now vested in your Commission to prevent transporta<tion companies from arbitrarily withdrawing trains and -sidetracks. Had it not been for this increased power :given last summer to the Commission the public in Geor_gia would have suffered at many places great annoyance .during the past ten months from this source.

LEGISLATION AND COMMISSION CON- SERVATIVE.
\Vhile an effort has been made to create the impression :that the legislation which you passed and the administration by your Railroad Commission under it has been <extreme, and a great variety of offensive names have been .applied to it, I wish most earnestly to declare that "no justification has existed for any of these charges.
The honest financiers of New York City approved the :public service bill passed in that State under the leadership of Governor Hughes. The bill which you passed is simpler and clearer than the New York bill, but no one can justly say that it extends to the Railroad Commi~sion more power than is given by the New York bill to the Public Service Commission of that State.
Your Commission has been wise and conservative in the exercise of the powers which you conferred upon it.
We may rest a~s~rcd that the impression created by the false statements, claiming unjust treatment of corpo- 1ations in Georgia, will be fully eradicated in the near _future as the truth is presented more and more fully to lthe public.

17
Before closing this subject permit me again to call your attention to the. fact that, unless the States perform their part of the task of supervision and regulation over corporations, the national government will absorb the entire power and centralization will follow at a pace so rapid that the reserve powers of. the State will be greatly in danger.
PRIMARY ELECTIONS.
There are pending before you in more or less cvmplete shape bills covering a number of important subjects to. which I desire to especially call attention.
The Democratic primary is with us equivalent to an election. We wisely settle our differences in it and accept it as absolutely finat
Tlzis being true, the 'public is entitled to know long in advance just when primaries are to talle place. Their dates and plans should not. be left to the caprice of party machinery. I urge that the Legislature fix by statute the time for the primary at which the Goverttor, 5_tatehouse officers, .judges, railroad commissi'Oiiers and the legislators shall be uamed.
Few will deny that an election should be held at as late a day as practicable before the officer elected is to asswne the responsibilities which the people place upon
him. It is also important that an officer offering for re-
election should have had the opportunity to complete. as nearly as possible the duties already resti~g upon him
el- that his record in office may furnish a: ~asis: for ;his
tion_pr rejection I>, the voters.
2U

18

JOURN.l\L OF 'I.'H HoUS, ~.

To this end I suggest that the primary elections for governor, state-house officers, judges, railroad commissioners and members of the Legislature be fixed for some day sufficiently late after the adjournment of the Legislatt.:re to give an opportunity for the members of the legislature, as well as the others, to present their claims tothe people subsequent to the second session of the Generar Assembly. It may be necessary also that the time for th~ general election be postponed and that the time for closing t.he second sessiop of .the Legislature be moved backward.
Under our present system the Legislature adjourns about the middle of August, and the regular election. comes on the first week in October. There is not suffi-cient time between these two dates to hold a Democratic primary, and yet give the members of the Legislature an: opportunity to go before their constituents subsequent tO. the adjournment of the Legislature.

USE OF MONEY IN ELECTIONS.
In this connection, let me call attention to the s~rious: danger to good government which may come from the payment of taxes by parties interested in the results of elections for voters too indifferent to pay their own taxes.
A man who is not sufliciently interested in the selection of public officers to pay his own tax is not moved by that spirit of devotion to wise legislation and Jtur~ Dflicial conduct which fits him for the right of suffrage.

WEDNESDAY, JuNE 24, Igo8.

19

When the taxes of a number of me~ are paid by interested parties and those men are carried to the polls and voted, it is really the money which is voting and not the individual citizen. Such a condition of affairs is dangerous to the State.
I urge the passage of legislation which will make i't tJ crime to pay the taxes or to furnish money to pay the taxes of men that they may register, and I 11.rge furthermore, that the time of registration be closed sufliciently long before the time of au election to lessen the danger from the use of money in the way that I have described and to make it possible to thoroughly purge the registration lists before the date of the primary.
I can not too strongly urge legislation which will free registration lists from the names of those not legally entitled to vote. Registration is now con~ucted in the most careless manner; men register without actually taking the required oath. They register at all kinds of places, and registration slips are reported to have been carried over counties by men not authorized to administer an oath.
We must have honest elections in Georgia. We must start by keeping the registration lists above suspicion.

. FOR PURE ELECTIONS.
Contributior...: :>f mo~ey by great corporations or by special interests such as liquor dealers' associations, to political contests, is debauching and utterly destructive of the best results which should be obtained from popular goveintnent. I suggest the passage of legislation which

20

JOURNAI, Olt 'fH~ Hou~~

will make such contributions illegal and punish severely those guilty of making them.
I recommend also that our laws be strengthened to check the use of money in political contests, even by can~ didates and their intimate friends. This can probably be best accomplished by naming the specific uses for which money will be permitted.
Let me also suggest that the judges of the superior courts should be required to s~cially charge grand juries with the duty of investigation to the end that parties vio~ lating laws for the preservation of the purity of the ballot~ box may be indicted and brought to punishment. When the purity of the ballot-box is invaded the very foundation upon which we rest our plan of government is shaken and all hope for the preservation of the rights of the people is broken down.
Good government can only come through the patriotic expression at the ballot-box by the individual voter of his unbiased opinion as to what is best for his county, his State and his nation. Believing earnestly in the sound~ ness of the 'views thus generally presented, I submit them with the _hope that your wisdom will find a way to work out the details.

IN REGARD TO LOBBYING.
Coming over from last summer's session thereare penQ.~ ing before your bodies bills intended to define lobbying and to prevent the effort to control legislation by political influence. ..
The presentation at public hearings of facts and argu,

WtnNESJ>AY, ]uNit 24, I9Q8.

21

ments by; p_arties interested in pending legislation. should be helpful. The work of the political agent who seeks to control legislation by bringing men from different parts of the State to use personal influence on individual l()gislators can not be too strongly condemned. I earnestly hope that you may be able to perfect a bill satisfactory to both houses which will limit the work of men employed to serve interests in connection with legislative matters. Men so employed should be compelled to make their employment public, and their action should be limited to aP'" pearaitce at hearings of committees and sub-committees of the Legislature officia.lly appointed for such purpose.

FINANCES OF THE STATE.
The prohibition bill reduced the revenues of the State for the present year approximately $250,000. You were at the same time called upon to make an additional appropriation of $42,7r6.65 to meet the amount due to those pensioners who had received nothing prior to your session during r907. We were behind about $250,000 in the payment of current liabilities when you met las~ summer.
The Governor and the Comptroller-General, iti view of
this condition of the treasury, deemed it advisable to fix the tax rate at five mills. This was an increase of twotenths of a mill above the assessment for r9o6, but a comparison of the five mill rate with rates of taxation fixed for previous years shows that the five mill rate has been exceeded a number of times during the past ten years. The increase was only two-tenths of.a mill. . This involved

12

JOURNAL OP TBlt HOUS!, .

an increased payment of taxes amounting to twenty cents for each thousand dollars, that is to say, a man who returned his property at a thousand dollars and paid taxes thereon had his taxes increased twenty cents. A man who returned his property' at five thousand dollars had his taxes increased one dollar.

TAXATION OF RAILROADS.
For a number of years past, the Comptroller-General has been assessing the property of railroads and publicservice companies at considerable more than the figures on which they finally paid taxes..Since your adjournment last year again his assessments exceeded the returns made to him by public-service corporations. The ComptrollerGeneral having been unable in a large number of cases to agree with these corporations upon a fair return of their properties, arbitrations became necessary.
Regarding it of the utmost importance that the facts should be brought out before the arbitrators I requested the Attorney-General to appear in person and represent the State, and sought to obtain for him such information ~ was possible with reference to the values of the prop. e. ties. As a result the State collected from this class of cor.tpanies in the fall of 1907 $617,790.86, making an increase of $172,713.14 paid by them as taxes to the State over previous years.
The increased taxes paid by this class of companies in the fall of 1907 to the State, counties and cities of Georgia amounted to $571,717.96. These figures are approxi"'lately correct, a portion o~ the same being based upon

WEDNESDAY, JuNE 24, 1908.

. 23

estimates furnished me by the Comptroller-General. Yet it can be safely said that none of the properties of these corporations we;e assessed at anything like th~ir market value.
In this connection I desire to urRc 11/'0II the l.egislalurr the importance of abandoning our prcse11f crude plan of lax assessment aud of ghiug to tht State an intelligcut system of tax equa/i:;ation applicable to all the propert)' in Georgia subject to ta.ratiou.

GEORGIA ROAD LITIGATION.
The litigation between the State of Georgia and the 'Georgia Railroad and Banking Company, and the Central
of Georgia Railroad Company over back taxes due by these companies for their holdings in the Western Railway of Alabama. has been heretofore frequently brought to the att~ntion of the Legis.Jature. The Supreme Court of the United States, since your adjournment, overruled th~ decision of the Supreme Court of Georgia, and held, in effect, that no legal mode was provided in our State for the collection of taxes upon property not returned for taxation.
I bring this matter to the attention of the Legislature, and urg~ the necessity for action at the present session to meet the decision of the Supreme Court of the United States, and to provide a constitutional plan for the collection of such taxes. Since that decision was rendered the State has adjusted this litigation- with the Georgia Railway and Banking Company for the sum of $79,625.43 to the State.

24

JOURNAL OF THE HOUSE,

The litigation is stillpending between the State and the Central of Georgia Railroad Company for taxes due by this company for its holdings in the Western Railway of Alabama.

REVENUE OF THE STATE.
f.
/'; careful study of the revenue which you have pro.vided for the present year, and of the appropriations which you have already made, indicates clearly that your appropriations will practically consume the entire revenue of the State.
I have also examined your appropriations for the year 1909, and _the probable revenue of the State for that year, and I am compelled, also, to inform you that, with the best information I can obtain, you have already appropriated all of the reYenue of the State for 1909
If additional appropriations are to be made it will be necessary to find a means of raising additional revenue. The only exception that I can make to this statement grows out of the collection to which I have already referred of back taxes from the Georgia Railroad ana Ba:rrking Company.

GEORGIA RAILROAD TAX CASE.
Litigation has been pending, off and on, for years be-
tween the -State and the Georgia Railroad and Banking
Company, growing out of a provision in its original <:harter upon the subject of taxation. There will prof>;.

WE:DNE:SDAY, JuNE: 24, 1908.

25

~bly be heard this fall before the Supreme Court of the United States the case between that company and the State, in which I hope a decision may be rendered which will define the State's right to collect taxes from it.
The State contends: First, that a correct construction of the _original charter of the Georgia Railroad and Banking Company exempted only the stock of the company from taxation. Second, that if this view is not sound, still the investment other than the original capital is subject to taxation. Success even to this extent would subject $9,000,000 of vroperty- belonging to this company to taxation. 'vVe should seck no injustice to railroad companies, but they ought to bear their part of the burdens of government. They oug!1t not to be relieved from taxation, leaving thereby extra burdens upon the private citizens, unless clearly exempt by contracts binding upon the State.

WESTERN AND ATLANTIC RAILROAD.
Some time last year the Southern Railway Company made claim to an interest in the valuable terminals of the \Vestern and Atlantic Railroad located at Chattanooga.
The Attorney-General and the Governor gave considerable time to examining this claim and to other property rights of the_ State located in Atlanta and Chattanooga, and between those points. It was clear to both that the interest of the State required some one to give several weeks to an investigation and study of these questions.
The Attorney-General is constantly engaged with the vast

26

JouRNAl. OF' 'l'HE Hous:~t,

amount of work which devolves upon him in connectio111 with the ordinary duties of his office. Finding it imposs:ble to make that continued study of this question which its importance and details required, on the 12th day of Man.h he requested me in writing to employ some onewho might do this work. Aware as I was of the study which Hon. Hooper Alexander had given to mattersconnected with the State road, I employed him to represent the State, to make an investigation and report upon the claim of the Southern Railway Company to an interest in our Chattanooga terminals, and upon other property rights of the State connected with that road which were involved in claims by other companies.
I have received a draft of this report, and I will submit the same to the Legislature as soon as I can obtain it from the printers.

GEORGIA'S CHATTANOOGA REAL ESTATE.
The State owns property at Chattanooga worth seYeral million dollars. An offer has been made to rent a portion of it for ninety-nine years at a net rental to the State of four per cent. on a valuation of $4,000,000. I have no doubt that before the close of the present lease, this property can be rented at five per cent. net on a valuation of $s,ooo.ooo. This does not include the space actually used by the State road for terminals, nor does it include property worth nearly as much more held by the Nashville and Chattanooga Railroad, which belongs to theState unless the statute of limitation has placed a ba to the recovery of it by the State.

WEDNESDAY, JuNE 24, IQ08.

27

The city of Chattanooga is insisting upon extending a street through this property. The State claims that by prior contracts the city of Chattanooga is prevented from urging any right to open the street by condemnation procedure.
I still ?elil!ve the State should at once acquire property somewhat further out from the center of the city of Chattanooga for the enlargement of terminals for the road. It should also acquire property ta connect the State road with the Tennessee river. This property. can now be obtained at a small cost; wait ten years and the construction of houses and other improvement might make its acquirement most expensive, if not impossible.
I suggest that authority be given some one to close purchases for what the State requires and to negotiate with "the city of Chattanooga with reference to an extension of the street to which I have just referred. This courtesy see~s due to the city of Chattanooga even though the Legislature determined to decline allowing the street opened.

STATE ROAD EXTENSION.
The extension of the State road is a subject which can not escape public attention.
The road should be built to deep water before the termination of the present lease.
Touching the Atlantic Ocean at ono end and the Tennessee river at the other, with the rapid improvements that are now being made .upon the. Tennessl!e river, it

JouRNAL OF THE HoUSE,
will enable Georgia's own road to furnish a means of transportation from the Mississippi river and its tributaries on the West to the Atlantic Ocean on the East. This accomplished, the commercial freedom of Georgia -can be made sure, and its effect upon the future growth of the State can scarcely be estimated.
The way which commends itself to me for the con-struction of the road is to issue State bonds, which, at three per cent. interest, could be sold for par, use the convicts for grading and build it at the lowest possible cost with the least possible interest charges.
Such a road could be disposed of under lease for more than the interest on its cost, and with the growth of the $tate, it would be an ever increasing asset to help lift the burdens of taxation from the people, or furnish better educational facilities for our children. It would also furnish an effective power to protect the people of our State from excessive interstate freight charges.
TREASURER AND COMPTROLLER.
Th salaries and clerical forces connected with the <>ffices of State Treasurer and Comptroller-General were fixed by the Constitution of 1877, adopted more than thirty years ago. The business of the State has enormously increased since that period, and neither the salaries or the clerical forces of either of these offices are at :all adequate to the responsibility or the character of the work.
The Legislature has seen fit to add the duties of the

office of Bank Examiner to the State Treasurer arid of Insurance Commissioner to the Comptroller-General. The policy of the Legislature in pursuing this course has been undoubtedly in part due to a desire to furnish these two officers a larger force and make it possible fur them to earn salaries more in keeping with their labors and responsibilities. I recommend that the Legislature consider the advisability of constitutional amendments giving b the State Treasurer and Comptroller-General adequate salaries and forces sufficient to do the work of their respective offices. I recommend also for the consideration of the Legislature the creation of a distinct office of Bank Examiner and a distinct office of Insurance Commissioner.
We may not be ready for these changes just at present~ . but they must eventually take place.
BANKING SYSTEM DEFECTIVE.
Our banking laws are defective. They are a medley of our old banking laws passed before the war when our banks were banks of issue, and subsequent amendments and changes in no sense creating a homogeneous system in accordance with present needs. Our saving banks Iaws are far behind the demand of the State upon this subject.
Wh1le our insurance laws are not so defective, yet there is substantial room for improvement, and they ought to be modelled after those systefi1s of insurance laws which have been tested by experience and have been proven to be effective.
This is a work too extensive for the ordinary service of

30

JouRNAL o:F TH:tt HouMt,

a Legislator. It can only be accomplished by a commission. My own suggestion would be that two commissions be appointed, consisting of three members each from the present Legislature, one of whom will be in the next Senate and two of whom will be in the next house. These respective subjects might be referred. to these commissioners with the duty of working out legislation to be submitted a year hence.
In the meantime, however, I must call your attention to the fact that the present Act calling for bank examinations does not furnish an adequate expense fund to cover a thorough system of supervision and regulation.
If the State does not intend to give a supervision and regulation of State banks upon which the public can rely, the State should not mislead the public by creating the impression that it is doing so. The supervision and regulation should be complete or is should be abandoned altogether. Then the pubhc would understand the situation. Men can not be employed sufficient in numbc:r and with sufficient skill to do the work for the amount now collected under the present Act.

PROTECTION OF RAILROAD EMPLOYEES-
At your former session I urged that it was unjust to free railroad corporations from liabilities in those cases defended upon. the ground that the injured employee knew of the negligence of the company, and assumed the risk of such negligence.
An employee often knows of a defect known also to hi~ superior officer. The rule which would deprive him

WDN:gsoAv, JuNE 24, r9QS.

31

~under such circumstances of the right to recover. is hard. 1 suggest legislation to do away with it.
On April 22 of this year an Act of the Congress of the United States was approved, known as the employers' "liability Act. It enlarged the rights of employees of -railroad companies to recover for injuries when employ-ed upon trains engaged in interstate commerce. I sug:gest the extension of the right of this recovery to em-ployees of railroad companies when engaged in work -other than interstate.

SUITS BY SHIPPERS.
Section 2334 of our Code, as construed by our courts 1n Brooke vs. Louisville & Nashville Railroad Compariy, -6o S. E..Reporter, page 218, and cases there cited, in -some cases prevents the recovery by a shipper of his just o-d.amages to his pro~rty against the carrier causing -such damages because it is impossible to prove the particular county in which the cause of action- originated. "This injustice should be remedied, and I recommend for :your consideration an amendment to the section by add=ing as places where suit may bo brought the county of -the principal operating office of the carrier, and any -county through which the damaged freight -moved, and lin which the carrier has an agent.
.
REQUISITIONS FOR FUGITIVES.
I beg to cal.l your attention to the practice that seems to have grown up of recent years whereby a fee is -charged by certain states for granting requisitions for

32

JouRNAL oF THE Hou~E,

fugitive criminals. Of tl)e 46 States of the Union, fees ranging from $I to $5 are charged by twenty-seven states for this service. Quite a number of them charge a reciprocal fee; that is, they charge the same fee that other states. charged them, and if the other states make no charge then no fee is required.
I do not favor making a fee one of the conditions upon which the requisition is granted for a fugitive criminal, but inasmuch as a fee is required by more than one-half of the states, I believe a law should be enacted authorizing the Governor to make a reciprocal charge against those states that charge us, and I therefore recommend the passage of such a law.

THE STATE CONVICTS.

A most serious problem which will confront your body

is the disposition of the penitentiary convicts._ You will

find the report of the Pri5on Commission-full of valuable

information wtih reference to the present condition of the

convicts.

As a general proposition the_ whole sy~tem is unsound.

in that it too nearly stamps all c_riminals alike and pro-

vides no plan for their reformation. I regret that i am

plan of not in a position to point o~t th~t pmpe~

h~ndling

convicts which would prev~nt C()n)petit~on. with :free labor

and bring to their confinement a wholesome effort . to

reform is well as puilish them.

.-, ' '.>'"'"'

It will be necessar)/io provide addrt1otfal. r~e~~e.:fo1-
the State beor~ You ci~r'cii~~ge".fbur:iliJW; ol 'hkt~dlTfitf

convicts. .We have alreaqy reached the tax limit pre-

..

WF.DNltSDAY, }UN]! ~..., 1~. .

33

scribed by the Constitution. 1. am unable to point out a way by which expenditures. can be increased unless revenue is also increased.

THE REFORMATORY.
I w"ish especially to call your attention to lack of reform methods at what is termed the reformatory at Milledgeville. That institution can hardly be considered more than a farm at which young convicts are confined.

MISCONDUCT AMONG WARDENS.

Since your adjournment, criticisms were brought to my

attention by members of your penitentiary committee,

involving the conduct of the chief warden of the peni-

tentiary. I promptly brought this matter to the atten-

tion of members of the prison commission, and shortly

thereafter I learned of the resignation of the chief war-

den. Since that time this place has not been filled by the

prison commission.

I also learned that deputy wardens in the penitentiary

had received compensation from lessees, as well as from

the State, thereby ceasing to be exclusively the represen:.

tatives of the State and becoming the representatives of

the lessees as well as the State. I brought these charges

to the attention of the prison commission, and am ad-

vi5ed that strict directions have been issued to prevent

such conduct in future.

'" ~, j

a hJ

}OURNAL OF TH2 HOUSE:,

MISDEMEANOR CONVICTS.
There is a class of our criminals convicted of misde meanors, who are leased out to private individuals. No State warden is located at their camps or supervises them. I seriously doubt the legillity of such transactions.
Some provision should be made for misdemeanor con. victs from those counties which do not work their convicts. Especially is it important that women convicted of misdemeanors should be confined in a mode less objectionable than at the present. It might be well to provide that they should be sent to the farm at Milledgeville. Committees of your own bodies have visited various convict camps. I urge a more watchful care in the super. vision of convict camps.

DEPARTMENTAL REPORTS.

You will have before you the following official reports:

Secretary of State.

Comptroller-General.

State Treasurer.

Attorney-General.

State School Commissioner.

Commissioner of Agriculture.

Railroad Commission.

Prison Commission.

And also reports from such other departments as the

law requires to be submitted annually.

.

You will also have before you.reP<>rts from the va.rious
'Yisitors to State institutions. I commend them and 'the

35
recommendations which they contai.n to your careful consideration.
EDUCATIONAL MATTERS.
As we dwell upon the responsibilities of the present we must realize that the future of our State and people will depend greatly upon the educational facilities furnished to our children. An educational system can not be perfected by confining it to a single class of schools. It must be broad and comprehensive, but for no part of the work should our zeallead us to greater enthusiasm than the. common schools of the State. A large proportion of the children of Georgia are found in the rural sections and the development of our rural schools is of the utmost importance. I rejoice that we furnish them this year $I 50,000 more than ever before and that the appropriation is being promptly paid.
. The different educational associations of Georgia have recommended a change in our State Board of Education so that the same shall be composed in a large part of prac.,. tical educators, men thoroughly familiar with the needs and responsibilities of the work. I most cordially recommend legislation which will make the State Board of Education consist in a large part of teachers. If the members other than ex-officio members are to be six in number, half of them should be county school commissioners or teachers engaged in rural work. Such a board wisely. selected would understand the needs of our schools far better than professional or business men, legislators or State house officers. Upon this board we will have the services of our present State School Commissioner.

36

JouRNAL ort' 'I'H Hous~.

1\ boanl compo~ed of able educators can be trusted with large discretion and upon them the responsibility of building our common-school system could be safely conferred.

QUESTION OF NEGRO TEACHERS..
I wish in this connection to call your attention to the opinion of those in the State School Commissioner's office that the law requires the same examination to be given applicants for teacher"s places in negro ~chools as is required of applicants for places in white schools. I think this is a mistake.
In developing our educational system we should not be afraid to recognize the vast difference between the white and negro races. I do not believe that the average 1legro receives much help by learning out of books. A large majority of the race will be found for generations capable only of manual labor. The negro child should be taught to work. He should be inspired with a desire to do that for which he can be best fitted and we must recognize the truth that labor in the field is his best opportunity.
I recommend that the State Board of Education be given authority to determine what class of examinations shall be given to the respective applicants for teachers' places so that the negro teachers may be selected on account of their capacity to teach the young negroes to work, and to inspire them, if possible, with a willingness to work. I believe in practical training for all schools, but especially do I urge the importance of making the negro schools give prominent attention to labor.

37
_}
RURAL SCHOOLS.
The rural schools f~r- whites shoul.d he, _g.rcJll~~ ,191pro_ved. This must be don~ wi-th better sdt~olh~u!'CS-;tJ!l better teachers. About one,.fourth of our te~ching. for~e retire~ f~om the school-room each year. Our cdncationaJ syste~n shoultl indude, facilities for preparing;;.m~n a11tl women to take their places.
... . ~ ..
AGRICULTURAL SCHOOLS.
Eight of the eleven district agricultural schools are~now in operation. It has been my good fortune to visit a number of them. They have been somewhat handicapped by the course pursued in their location. In a number. of instances larger subscriptions have been made to the schools than were subsequently paid. Se\'eral of the schools are, therefore, not ou_t of debt for. the construction of buildings. No fund was provided forproperly equipping- them. Nevertheless they are, as a rule, doing good work, and if we properly sustain them they will prove as great a blessing to our State as similar schools have in other States and countries.
\Ve ought to give to each school ten thousand dollars to be used in equipment. Not only may we hope by these schools to greatly increase the productiveness of the soil of Georgia but from them into our n1ral ~chools will go many of our best teachers of the future. The teachers of our normal schools are largely called to city schools. A graduate of an agricultural industrial school should be far better prepared to handle a rural school than a graduate

38

JouRNAL ol." THE Hous,

of a city school. A teacher, to develop the mind and character of a child, must comprehend those things which surround the child, and ~hould be prepared to help the child's mind to develop, observe and to use the possibilities of life about him, and I wish to emphasize the fact that our dis trict agricultural schools would be looked to as the means of furnishing teachers for our rural schools. The time should soon come when the number of these schools will be doubled and they will thus be brought close to each locality.

CLAIMS AGAINST THE SCHOOLS.
The property used for our eleven district agricultural schools was required by an Act of the Legislature to be conveyed to the trustees of these schools. The property thus became the property of the State. Those who hold claims for the construction of the schools or for material used in their construction are seeking to enforce their ftrtpaid balances against the property. It is probably that this can not be done, but a great injustice will be placed upon the creditors of these schools unless the Legislature either provides for the payment of their bills or authorizes them to proceed against the property. It would be unfair for the State to take these properties, and leave the contractots or material men or laborers who have erected or furnished the tnaterial for the buildings with their claims unsettled.

WEDNESDAY, JuNt 24, 1908.

39

STATE AGRICULTURAL COLLEGE.
The building tor the SU.t4 College of Agriculture is
n~ring completion> but the faculty of the State College has. been actively at work without waiting for the n~w building. They have been engaged in university exten sion work all over the State, writing to the people, furnishin~ information, and serving them in many valuable
lines.
The president of the State College of .Agriculture arranged with the railroad companies of Georgia for an educational train early during the present year which I believe has been of great value. The railroads furnished the trains, the State College of Agriculture furnished the exhibits and the lecturers, and the train of lecturers and exhibits traveled over the State, visiting a great number of points, opening the exhibits to the study of those who desired to see them, while.Dr. Soule and other lecturers dis. cussed educational problems.
I believe that this has been a great work, and I trust that it may be continued in the future.
This new institution should receive support. It is capable of great benefit, not alone to the farmers, but to all the people of Georgia. It is already a great experimental station, and it is the first time that those engaged in. agriculture will turn to the State College of Agriculture for information upon novel and troublesome questions. It would be wise to consolidate the experimental station now at Griffin with the State College of Agriculture.- It would be only fair to Griffin that some recom-

JouRNAl. OI" 'l'H Hous:e,
pense be given in return for the liberal subscriptions made by her citizens if the experimental station is removed to Athen;;. A twelfth agricultural and industrial school might b.e situated at Griffin. _- The land is excellently suited to the purpose, and from such a school the J>eople of Griffin would receive even larger returns than from the ~xperimental station.
By consolidating the experimental station with the State College of Agriculture waste in work will be saved and larger results obtained fr~m the joint expenditures. It would not be necessary to lose the benefit of the service of those now connected with the experimental station. .The force might be transferred to the State College of Agriculture, increasing the teaching power of the coll<!ge as well as increasing the number and value of experiments which can be made.
I commend especially to your consideration the able report of the State School Commissioner.
I do not dwell upon your other educational institutions. because their work is well known and their worth appreciated.
But more money is necessary for the State College of Agriculture and the district agricultural schools.
I trust you will not fail to provide the funds for their -support.
BRIGHT OUTLOOK FOR FUTURE.
As you are aware, at the time of your last session. serious financial disturbances existed in New York. City

41
and in other parts of the country. These disturbances. due as they were to misconduct on the part of men who held high offices in farge corporations, gradually spread throughout our country and reached even to foreign countries. Men were thrown-out of employment in New York City, New Jersey and Pennsylvania, in New England and in the Western States. Although Georgia's fields had pr{)duced great crops, and for a while our manufacturing interests continued unaffected by thetroubles from which those residing in many portions of the COt]lltry were suffering, finally the lack of demand away from Georgia for our manufactured products affected the markets of many of our industries.
A number of cotton factories were compelled to' run on short time and lumber mills suspended operation. Some of our railroad companies, apparently without just reason, discharged their men and lessened required activities.
It is a source of gratification for us to know that this injury to our industries was in no respect due to legislation which you passed or to causes originating in Georgia. It is also cause for rejoicing that the South suffered less than other parts of the country, and that Georgia suffered less than any other Southern State. We have had fewer men out of employment and fewer failures than in other parts of the Union.
fc"or some time past it has been evident that the conditions which caused the financial disturbance had been removed, and that the whole country was passing through a gradual but certain state of recuperation. We can look

42

JouRNAL oit TBt Hous!,

1c the future with confidence, and our people may well realize that this is a section upon which the Almighty has with la\l'ish hand bestowed His richest material gifts.
Let us labor for the development of those resources and have always in view the fact that our own children -should be trained to use them, but that a birthright should not be bartered for a mess of pottage. We will guarantee to all investment, domestic or foreign, absolute security bere, but we should not be led by the desire for immediate material growth to give away privileges carrying unjust burdens for the future years.
While presenting these facts and views for your immediate consideration, I shall shortly furnish you further information upon other subjects.

HOKE SMITH, Governor.

WEDNESDAY, JUNE 24, t9Q&.
APPENDIX A
In accordance with the requirements of section 5815 ,f the Code, I herewith submit report of all reprieves, com mutations of sentences and pardons granted to June ro. 1908, the Prison Commission having in every case recommended the same, unless otherwise stated.
PARDONS GRANTED.
CHAS. J. WHITE.-Keeping a Gaming House. Superior court of Chatham county, July term, 1906. Six months in jail and $500 fine, with additional six months on failure to pay the fine. Since his trial it has been shown that he was only an employee, his principal at the time was undisclosed, but has since been convicted. Granted July 12, 1907.
]AS. L. BLAKE.-Burglary. Superior court, Chatham county, spring term, 1907. Sentenced to reformatory. His father desired to place him in St. Mary's Industrial School, near Baltimore. Granted July 12, 1907.
A. T. DASHER.-Simple Larceny. Superior court of Lowndes county, November term, 1902. Three years in the per.itentiary. Defendant served his term and has since lived an honorable, upright life, and desired to have his disabilities removed. Granted August 17, 1907.
WILL WALKER.-Vagrancy. City court of Atlanta, October term, 1907. Twelve months on the chaingang. Defendant stated that he had been at work for a firm of 1ailroad contractors, which has since been found to be true. Granted October 19, 1907.

JOURNAL OF THE HousE:,
ToM: OouM.'..,.,-prunk on a Pubiic Highway. City court
v: Atlanta, fall term, 1907. Three months in jail. The
jcdge certifies that since the trial he ha~ learned that he was not drunk on the highway: GranteC: October 21~ :907
J. S. WALL.-Voluntary Manslaughter. April term~ 1906, superior court of Richmond county. Ten years in the penitentiary. Facts developed since the trial show that defendant acted in self-defense. Granted October 21~ 1907
L. D. STRONG.-Voluntary Manslaughter. Superior court, Bibb county, spring term, 1907 Three years in the penitentiary. There were no eye-witnesses to the killing. Defendant claimed that he killed deceased in defense of his sister's honor, and after insulting language had been used to him by deceased. Granted October 17,
~907
MRs. MARY HooPER.-Selling Whisky. Superior court of Hall county, July term, 1907 Defendant sentenced to twelve months on the chaingang. She is seventy years of age and served more than three months. Previous good character. Granted December 4, 1907.
JoE ScHMIDT.-Vagrancy. City court of Atlanta. September term, 1907. Six months in jail. Served all but one month of his term. Granted January 10, 1908.
CROCKETT JoRDAN.-Seduction. Superior court of Marion county, October term, 1903 Five years. Served two years. Pardon urged by county officials and many good citizens. Granted January I I, 1908.
MRs. ANNA STRYKE.-Assault and Battery. City court of Atlanta, November term, 1907 She is very old

45
and pardon urged by the trial judge. Grante1l J:tmmJ y II, Igo8.
W. C. GooDMAN.-Voluntary Manslaughter. Superil)r court of Chatham county, October term, 1904. Eight years. Evidence discovered since the trial slwws that the killing was justifiable. Granted January 13, 19o8.
ANDREW A. W ALLINE.-Voluntary. Manslaughter. Superior court of Fulton county, fall term, 1904 Six years in the penitentiary. The judge, solicitor and jury recommend pardon upon the ground that the evidence made it a very close case. Granted February I7, I908.
HowARD HILL.-Vagrancy. City court of Atlanta, December term, I907 Twelve months. He was only fifteen years of age, and his parents have since been found, who are willing to take care of him. Granted February .2~, Igo8.
J. L. Bu'l'LER.-Burglary. Superior court of Bibb -county, February term, IQOS. Seven years. His previous character was good. Pardon urged by the judge, solicitor, jury and many good citizens. Granted March 12, -1go8.
BILL JoNEs.-Mtirder. Superior court of Muscoge~ -county, May term, 1885. Life imprisonment. He is now -eighty years of age and has served twenty-three years in the penitentiary with good conduct. Granted March 12,
-19QS.
ODESSA CousiNs.-Vagrancy. City court of Atlanta, ()ctober term; 1907. Twelve months. She was only fourteen years of age and plead guilty. She has a mother who petitions that she be released and will provide her with a home. Granted March 12, 1go8.

JOURNAL OF THE: HOUSE;,
DuDLEY FrTZPATRICK.-Rape. Superior court of Madiso1;1 county, September term, 1904. Ten years. De-: fendant an<l Jewel Chandler, white men, were convicted of rape on a negro woman, who has been 3hown a woman of bad character. Granted April 11, 1908.
.GN TAYLOR.-Murder. Superior court of Bibb. county, November term, I8Q2. Life imprisonment. He was present with his brother who did the killing, and it is doubtful whether he was aiding in the commission of the crime. He has served more than fifteen years with good conduct. Granted April 13, 1908.
BERT BARROw.-Stealing a ride on a train. City court of Newnan, February term, 1908. Four months. He was thrown out of employment in the West and was endeavouring to get back to his relatives in Brunswick. Has. served more than two months. Granted April 14, 1908.
THOMAS J. RAINWATER AND WALTER REDD.-Riot. City court of McRae, February term, 1907. Fine of $200. each or twelve months. Soon after entering the chaingang they made their escape. They were later captured and given additional sentences of six months. They have served all the twelve months' sentence and about two months of the six months' sentences. The trial judge and solicitor recommend their immediate pardon. These cases did not go before the Prison Commission, as they were 1.ct in session. Granted February 26, 19QS.
SENTENCES COMMUTED.
J. C. WILLIAMS.-Larceny from the House. City court of Camilla, January term, 1907. Ten months. Defendant, a boy fourteen years of age, plead guilty and served four months. Is physically and mentally infirm. Sentence commuted to present service July 12; 1907

47
FRANK RussELL.-Vagrancy. City court of Atlanta,. November term, I90(5. Twelve months. He was a victim of the morphine habit, but the county physician certifie~ that he has been cured of the habit, and his former employer promises him employment. Commuted to presen~ service July I9, I907
NARCISSA REYNOLDS AND CoRNELIA RAKE.-Vagrancy. City court of Atlanta, May term, I907 Eight and six months respectively on the chaingang. They are both white women and have friends in Florida who promise to. take care of them if released. Commuted .to present service August I, I907
LoviCK DRUMMOND.-Assault with intent to murder (two cases). Superior court of Cobb county, July term,. 1892. -Ten years in each case. Both of the indictments. grew out of the same transaction. He has served all of the first sentence and about five years of the second. Com-mutation recommended by the judge, jury and prominent citizens. Granted August I7, 1907.
LEE BROOKS.-Gaming. City court of Forsyth, July term, I907 Five months. He protested his innocence, but C:tt the suggestion of his employer he plead guilty. It now appears that there was grave doubt as to his guilt. Commuted to payment of a fine of $_50, August I7, I907-
CHA~LIE CoLLINS.-Robbery. Superior court of Fulton county, October term, 1905. Ten years. He was. convicted upon the evidence of the prosecutor alone,. whose testimony has since been greatly discredited. Commuted to present service August I7, I907
JoHN BROWN...:._Assault and Battery. Superior court of Cobb county, November adjourned term, I90(5. Twelve-

4'8

JouRNAL o:t 'l'H Hous,

t)lonths. He remained in jail four months before the trial .;md has served three mo:.ths of the sentence. His release
asked for by the prosecutor. Commuted to present serv: August 17, 1907.

LouISE TnoMAS.-Burglary. Superior court of Ful'>1 county, April term, 1907. Twelve months. She has developed consumption, and the county physician certifies that she will hardly live out her sentence. Commuted to present service August 24, 1907.

DoziER LEwls.-Simple Larceny. Superior court of Muscogee county, June term, 1907. Three months. He served the greater portion of his sentence, and the county physician certifies that he has tuberculosis of the lungs. Commuted to present service August 24, 1907

J. J. CARROLL.-Larceny. Superior court of Fulton county, June term, 1904. Four years. He remained in jail seven months before trial, and has served more than three years of the sentence, with good conduct. Commuted to present service August 24, 1907.

BuRRELL WoonwARD.-Selling Whisky. City court of Greenville, July term, 1907. Fine of $so, or six months. He is seventy years of age, partially paralyzed and suffering with kidney disease. Commuted to present service September 4, 1907

JouN A. McGuFFEY.-Misdemeanor. City court of Atlanta, January term, 1907. Fine of $100 or twelve months. He has served the greater portion of the sentence and his release is recommended by the trial judge on payment of a proportionate amount of the fine. Sentence commuted to payment of a fine of $25, September
12, 1907

WDNSDAY, }UN 24, rgo8.

49

HENRY PoLLARD.-Attempt to Murder. Superior court of Richmond county, April term, rgos. Five years. The fight took place on a train. The person shot was drunk and threatened to throw defendant off the train. He advanced on defendant and was slightly wounded. Commuted to present service September 12, 1907.
A. J. Pos:ev.-Horse Stealing. Superior court cf
Douglierty county, April term, rgo6. Two years. He wid the horse while in a state of intoxication, and the trial judge recommends clemency. Commuted to present service September 12, 1907.

GEo. C. BoGGs.-Bigamy. Superior court of Whitfield County, April term, 1906. Two years. The solicitor says there was some doubt as to his former marriage. Clemency recommended by the judge, solicitor, jury and many .citizens. Commuted to present service September r6, 1907.
W. C. RAwLs.-Shooting at Another. Superior court {)f Richmond county, fall term, 1905. Four years. The trial jury recommended that he be punished as for a misdemeanor. He was in jail six months befo~e the trial, and has served nearly two years of the sentence. The <:ounty physician says that he has heart disease. Commuted to present service September 16, 1907.

CHAS. ALLN.-Murder. Superior court of Henry county, April term, 1907. Sentenced to death. There were mitigating circumstances connected with the killing. Clemency recommended by the trial judge, solicitor, jury .and many good citizens. Sentence commuted to life imprisonment October 16, 1907.

WILL WALKR.-Vagrancy. City court of Atlanta,
-4 h j

50

JouRNAL oF THE Hous:E,

October term, 1907. Twelve months. Pardon recommended by trial judge on ground of doubt as to his ~uilt. Granted October 19, 1907.

WILL CLARK.-Escape. County court of Pulaski county, spring term, I907 Twelve months. His first offense was for stealing a pair of pants valued at $3, and while serving that sentence he escaped, and on being recaptured was sentenced to twelve months. He has served the first sentence, and the physician says that he is incapacitated by disease for work. Commuted to present service October 21, 1907.

J. R. WALL.-Voluntary Manslaughter. Superiot court of Bibb county, January term, 1897. Five years. He served his sentence and has since been a good citizen~ He now asks that his civil disabilities be removed. Granted October 21, 1907.

JAMES HowARD.-Larceny. City court of Atlanta, August term, 1907. Twelve months. He was a boy only thirteen years of age, and his release is recommended by the judge and solicitor. Commuted to present service October 21, 1907.

]AS. M. CAMPBELL.-Murder. Superior court of Jas-

per county, September term, 1896. Life imprisonment.

He was convicted on circumstantial evidence, and the

main witness against him was a negro who received part of the reward offered for his capture and convi~tion. He

has served with good conduct and protests his innocence..

Commuted to present service October 27, 1907.

,

WILL HowARD.-Carrying Concealed Weapons. City court of Sylvester. Six months. The judge and solicitorcertify to' "his previous good character and 'i~co~~nd

clemency. Sentence commuted to a fine of $mo and costs October 26, 19<?7
Mos ]OHNSON.-Carrying Pistol Concealed. City .court of Dooly county, July term, 1907. Twelve months. There was a conflict of evidence as to whether the pistoJ was concealed. Commuted to a fin.e of $100 and costs, October 26, 1907.
CHAS. BROWN.-Murder. Superior court of Crisp county, July term, 1907 Sentenced to be executed. There is a conflict in the evidence, and it appears that the dec~ased may have been the aggressor. Sente1}ce commuted to life imprisonment October 17, 1907.
SAM NAPOL:EO:N.-Drunk on the Public Highway. Ci,ty court of Atlanta, August term, 1907. Six months. Since
conviction his leg has Qeen broken, and he is lying in ja..i.l
in a helpless condition. Sentence commuted to- present ~~rvice November 4, 1907.
E. D. WITHIJ:'GTON.-wceny from the House. Cicy
court of Richmond coun~y, March tenp, 1907. S,enteJ?.<:e.9-
t9 State reformatory. This boy .Stole a p4stql Y~lt\.~Q at ~l <).nd $5 in money. ~e h;~..S served six mop.ths wi~ ~
emplary conduct. His mother now lives in the IIJ..dJ;pt Territory and asks that he be sent to her. Commuted to pr~~nt ~~e Nov~ber If, 1907
\~TI~zy; PATTQ~.~Si~pl~ ~;;tr<:eny. (;ity f.<?~rt pt A.fu.~~.~. ~~t t~;rm, ICJ07 ';rvv.ely:e ~p9J~s. :EI_e i~ ~
'YHi~. 9of. no~ _oy_~r sits;tee,~ y.e,~s 9f ~.g; ~n1 i~ very !r:Hl
and unable t9 .c;\.1? h~t:d ,l,eb9f He .4~ {;~ry~ ~~e m.P~~~ with good conduct. Commuted to present service Novem-
~ J;,~. If)Q'lt

o2

JoURNAL OF THE HOUSE,

LuTHER JoNES.-Murder. Superior court of Randolph county, November term, 1877. Life imprisonment. He has always maintained his innocence and there is doubt as to his guilt. He has served thirty years. Commuted to present service November 14, 1907.

HoPE DAMONS.-Cheating and Swindling (two cases). City court of Athens, April term, 1907. Twelve months in each case. The prosecutors recommend commutation to payment of a fine of $50 in each case. Granted November 14, 1907.

CHAS. THURMAN.-Voluntary Manslaughter. Superior court of Richmond county, spring term, 1907. Two years. He found the deceased in his home with his wife under suspicious circumstances, and killed him. His release is recommended by inany good citizens. Commuted to present service November 14, I907.

GuY A. SHUTTLEWORTH.-Selling Whisky (five cases). Superior court of Walker county, August term, I9Q6. Fine of $300 or four months in each case. He was employed by a social club at Fort Oglethorpe, and was assured by the officers that he would not be violating the law. Commuted to present service Novemb~r I4,
1907
MINNIE BussEY.-Selling Whisky. Superior court tf Stephens county, May term, I907. Twelve months. :Clemency is urged on the ground that Stephens county \as no chaingang, but hires her convicts out to the highest ;tidder. Sentence commuted to ten days in jail and the ?ayment of a fine of $25, November 23, I907

T. R. VARNADOE.-Selling Whisky. City Court of Dooly county, July term, I907. Twelve months. He was

WtoNESDAY, JuNE 24, 1908.
convicted on the testimony of a negro accomplice, although he protested his innocence. Sentence commuted to thirty days in jail and a fine of $50, November 23~ 1907.
C. S. NoRTHROP.-Cheating and Swindling. City court of Carrollton, July term, 1907. Twelve months or $500. He was confined in jail for more than seven months before trial. The prosecutor says that he will be satisfied to have the fine reduced $200. This case was not passed upon by the Prison Commission. Commuted to fine of $200 November 30, 1907.
WILSON PALMER.-Murder. Superior court of Dade: county, 1889. Life imprisonment. While serving a sentence of twenty years for burglary h~ and several other convicts attempted to escape, and two guards were killedL He had nothing to do with the killing, but was only attempting to escape. Commuted to present service December 4, 1907.
Bun THOMAS.-Murder. Superior court of Muscogee: county, May term 1907. Sentenced to death. Deceasedi was a dangerous man, and at the time of the killing had! called to his son to bring him ~ gun with which to shoo1t defendant. The son was approaching with the gun when defendant killed deceased. Commuted to life imprison-. ment January 9, 1go8.
ToM HARDY.-Murder. Superior court of Richmond county, October term, 1902. Sentenced to be executed. Soon after his conviction he became violently insane and was committed to the lunatic asylum. He has since recovered his sanity. Commutation is recommended by the trial judge, solicitor and many citizens. Commuted to. life imprisonment January 9, 1908.

.

54

JOURNAL OJ.<' 'tHE HousE,

EMORY BRYANT.-City court of McRae, February term, I907. Twelve months. The county commissioners, the trial judge and solicitor state that further confinement will seriously impair his health. Commuted to present service January I3, I9o8.

CHESTER CLAYTON.-Simple Larceny. City court of Atlanta, August term, I907. Six months in jail. 'fhis boy is an epileptic, and the King's Daughters have agreed to send him and his widowed mother to relatives in another State. Commuted to present service Januarv I3,
li_908.

WILL JoRDAN.-Gaming. City court of Atlanta, August term, I907 Fine of $50 and costs or eight months. He was arrested with several others. He plead guilty, but most of his accomplices have since been acquitted. Commuted to present service Januarv I3, I908.
W. D. TIMBERLAKE.-Forgery. Superior court of Richmond county, November term, I905. Four years. His previous character was good. He has served for more than two years with good conduct, and his health is very much impaired. Commuted to present service Jan:uary I3, I9Q8.

EAGLE BuTT.-Simple Larceny. Superior court of Fannin county, May term, I907. Nine months. Evidence circumstantial ; previous character good. He was in jail two months before trial. Sentenc,e commuted to :present service January I3, I908.

LIZZIE McCoNNELL-Keeping a Lewd House. Superior court of Chatham county, February term, 1907. Fine $I,ooo and costs and six months in jail. She paid
the fine and costs and has been in jail three months. The

55
physician certifies that she has an incurable disease. Commuted to present service January 13, 1908.
HENRY BRowN.-Shooting at Another. Superior -court of Chatham county, March term, 1907. Fine, $roo or twelve months. The person wounded had assaulted defendant and his wife with beer bottles. The county physician certifies that his health is very much impaired, caused by his confinement. Commuted to present service January 13, 1908.
Gus GIBBS.-Murder. Superior court of Dodge county, September term, 1882. Life imprisonment. He was implicated in the Eastman riot, but did not actually participate in the killing. He has served about twenty-six years with good conduct. Commuted to present service January 13, 1908.
BorsA JoHNSON.-Murder. Superior court of Newton <County, September term, 1890. Life imprisonment. A careful reading of the evidence makes it doubtful if the homicide was not the result of a.n accident. Defendant has served sixteen years with good conduct. Commuted to present service January II, 1908.
EuGENE KIMBALL.-Larceny after Trust. Superior eourt of Chatham <!ounty. Five years. He has served for more than two years, and the physician certifies that he is very much diseased. The amount involved was only $14. Commuted to present service February r8, 1908.
~ANIEL WrLLIAMs.-Cruelty to Animals. City court of Macon, December term, 1907. Fine of $6o or eight months. He is only eighteen years of age and this is his first offense; Previous good character. Commuted to present service February 18, 1908.

56

JOURNAL OP THE HOUSEJ

EsTELLA W1LL1AMS.-Voluntary Manslaughter. Superior court of Sumter county, November term, 1905. Twelve years. She has developed consumption and the physician says that she can not live six months. Co~ muted to present service February I8, Igo8.
WILL SM1TH.-Voluntary Manslaughter. Superior court of Fulton county, December term, I906. Six years. The killing grew out of criminal intimacy on the part of deceased with defendant's wife. Clemency is urged by the Solicitor-General, the trial jury and many good citizens. Commuted to present service March I3, 1908.

H. L. DoNALDSON.-Selling Whisky. City court of Eastman, October term, I907. Fine of $500 and 30 days in jail, or twelve months. He paid the fine and served ten days of the jail sentence. His immediate release was urged by the trial judge and solicitor and a large number of citizens on the ground that a member of the family was dangerously ill. This case was acted upon at once without the recommendation of the Prison Commission, as they were not in session. Commuted to present service February 24, Igo8.
JOHN BIBB.-Larceny from the House. Superior court of Glynn county, May term, 1906. Five years. He has served nearly two years, and his health ha~ broken down. His conduct during imprisonment has been exemplary.
Commuted to present service March 7, I9Q8.

GEoRGE HuGHES.-Burglary. Superior court of Fulton county, fall term, 1902. Seven years. He served all of his sentence but three months with good conduct. Commuted to present service March 9, 1908.

J. H. CoSBY--Selling Whisky (two cases). City

\VEDNESDAY, JUNE 24, 1908.

57

court of Carrollton, March term, 1907. Twelve months and three months respectively. He served the twelve months' sentence and the physician certifies that he has rheumatism and bladder trouble. Commuted to present service March 9, 1908.

HowARD HARTSFIELD.-Larceny from the House. Superior court of Fulton county, March term, 1906. Three and one-half years. Defendant is a white boy seventeen years of age. He has served nearly two years and his release is urged by the prosecutor and many good citizens. Commuted to present service March 11, 1908.

MoNROE BRISco.-Murder. Superior court of Greene county, March term, 1877. Life imprisonment. This old negro has served in the penitentiary for twenty-nine years with good conduct. Commuted to present service March 12, 1908.

FRANK BAKER.-Breaking and Entering a Railroad Car. Superior court of Fulton county, November term, 1907. Two years in the penitentiary. Defendant is a young boy eighteen years of age. He entered the car at Cartersville and rode to Atlanta, where he was arrested. Nothing was stolen from the car. Commuted to present service March 12, 1908.

EPH JoHNSON.-Drunkenness on the Public Highway. City court of Calhoun county, J~ly term, 1907. Twelvemonths. He served eight months with good conduct, and his release recommended by many good citizens. Commuted to present service March 12, 1908.

HATTIE NELMS.-Murder. Superior court of Spaldingcounty, spring term, 1892. Life imprisonment. Thepistol was fired during a scuffle and the sister of defendant:

JouRNAL oF THE HousE,
was killed. Defendant claimed that it was accidental, and strong doubt was raised during the trial as to her guilt. She has served fifteen years with good conduct. Commuted to present service March 12, 1908.
GEo. W. BRADLEY.-Burglary. Superior court of Walker county, February term, 1907. Twelve months. The principal witness against Bradley has since made affidavit that her testimony was false, and was made for the purpose of shielding her husband, who was jointly accused with Bradley. The prosecutor recommends clemency. ,Sentence commuted to present service March 28, 1908.
FRANK B. RoB1NSON.-Murder. Superior court of Charlton county, fall term 19?3 Life imprisonment. The trial judge and solicitor, the grand jury and trial jury recommend clemency. There were mitigating circumstances connected with the commission of the crime. Commuted to present service March 28, 1908.
FRED RoSEBERRY.-Murder. Superior court of Newton county, fall term, 1907. Sentenced to death. Defend.ant is barely responsibie mentally, and clemency is urged by the trial judge and solicitor, the grand jury which indicted him and the trial jury, county officers and many good citizens. Commuted to life imprisonment March 28, 1908.
JoE McWHORTER.-Larceny from the House. Superior court of Fulton county, January term, 1908. Twelve months. Defendant was only twelve years of age, and has served three months. A reputable citizen of Oglethorpe county has agreed to take the boy and give him proper training. Commuted to present service April 9, 1908.
FRANK MAYSON.---Bitrglary. Superior court of Fulton

WEDNESDAY, JuNE 24, 1908.

59

--county, October term, 1905. Ten years. He was convicted of taking a watch, and has been in jail and the penitentiary since the summer of 1905. He has served with good --conduct, and since his imprisonment his leg was crushed by a steam shovel, and had to be amputated. Commuted to present service April rr, 1908.

FLoRA RICHARDSON.-Murder. Superior court of Campbell county, August term, I900. Life imprisonment. She is a deformed negro woman of low intellect. She was convicted of infanticide, but she has always claimed that the child was born dead. Manv prominent citizens urge her release. Commuted to present service April I3, I908.

WILLIAM FITZGIBBONS.-Pointing a Pistol at Another. Superior court of Muscogee county, May term, 1907. Twelve months in chaingang and six months in jail. It appears that he only intended to frighten the person at whom the pistol was pointed. He has served the twelve months' sentence and asks to be relieved of the jail sentence. Commuted to present service April I3, I908.

J. A. McCuRRY.-Perjury. Superior court of Rabun -county, February term, 1907. Four years in the penitentiary. His release is urged by the judge, solicitor, grand jury, trial jury and several hundred citizens on the ground that there was grave doubt as to his guilt. Commuted to present service April 13, I9Q8.

THURINE TuMLIN.-Unlawfully Riding on a Railroad Train. City court of Hall county, March term, 1908. Six -months. This white boy was only eighteen years of age, ~rid this was his first offense. He has served nearly tw:o:riionths and his release is urged by many good citizens. .Commuted to present service May 14, 1908.

60

JoURNAL OF THE HousE,

SADIE WRIGHT.-Vagrancy. City court of Savannah,. August term, I907 Fine of $50 or twelve months. Shehas served eight months, and the county physician certifies that she is in very bad health and unable to do any work. Commuted_ to present service May I4, I908.

\VILL J ONES.-Selling Whisky (two cases). City court of Screven county, June term, 1go6. Twelve months or $250 in each case. He has served with good conduct nearly two years, and the judge asks for his re-lease. Commuted to present service May 14, 1908.

RESPITES.
CHAS. BROWN.-Convicted in the superior court of Crisp county of murder and sentenced to be executed on. August 22, I907. Respite granted until September 19th, in order that the Prison Commission might have sufficient time within which to consider an application for clemency~ Second respite granted to Chas. Brown on September 1I, I907, until October 18, 1907, for the reasons above stated.
CHAS. ALLEN.-Convicted in the superior court of Henry county of the crime of murder and sentenced to be executed on September 28, I907. Respite granted September 27th, until October 18, I907, in order to give the attorneys for the defendant time within which to present a motion for a new trial on the g-round of newly discovered evidence.
LEE HOLMES.-Convicted in the superior court of McIntosh county of the crime of murder and sentenced to beexecuted. On January 20, rgo8, a respite was granted until February 7, 1go8, in order that the Governor might:: have sufficient time within which to consider an application for commutation of sentence. On February 5th a.

WEDNESDAY, JUNE. 24, 1908.

61

:second respite was granted until February 14th for the :same reason. The Governor being ill at this time and un.able to consider the case, another respite was granted until February 28, 1908.

ARTHUR P. GLOVER.-Convicted in the superior court 'Of Richmond county of the crime of murder and sentenced to be executed on January 27, 1908. It being represented that the defendant was of unsound mind, a commission -composed of Drs. J. M. Whitaker, E. B. Block and Thos. R. Wright, was appointed to examine him and report on his mental condition. This report, which was unfavorable to the defendant, was received only a short time before the -date fixed for the execution, and in order that the defendant might have a few days within which to make his preparations for the hereafter, a respite was granted until January 31, 1908.

WILLIE RoGERS--Convicted in the superior court of Chatham county of the crime of murder and sentenced to be executed. On February 8, 1908, a respite was granted until February 21, 1908, in order that the Prison Commission might pass on an application for clemency. A second respite was granted until February 25 for the same reason.

JoHN HARPER.-Convicted in the superior court of Murray county of the crime of murder, and sentenced to be executed. On May 21, 1908, a respite was granted until June 12, 1908, in order that the Prison Commission might pass upon an application for clemency.

SoNNIE WILLIAMs.-Convicted in the superior court of Miller county, November term, 1907, and sentenced to hang. Respite granted until June 19, 1908, in order that the Prison Commission might have sufficient time for considering an application for commutation of sentence.

62

_]OURNAJ.. OF THE HOUSE,

HARRY E. LYLE.-Convicted in the superior court of
Ware county of the crime of murder, and sentenced tohang. This case was set for a hearing before the Prison Commission the day before the time fixed for the execution, but counsel for defendant was sick and could not appear. For this reason a respite was granted until June 9, 1908, in order that the Prison Commission might pass. upon an application for clemency. On June 6 a second respite was granted in order that counsel might appear before the Governor in an effort to have the sentence of the defendant commuted. The second respite was granted until June 23, 1908.

WEDNESDAY, JuNE 24, 1908.

The following resolution W(;lS read and laid on table for one day:

By Mr. Alexander of DeKalb--

A resolution that the Clerk be directed to cause theJournal of the House for each day to be printed, and the printed sheets laid on the desks of the members next: morning.

The following resolution was read, to wit:

By Mr. W rig!1t of Richmond-

A resolution that on the call of counties for the intro-duction of new matters that the clerk be directed to commence at the foot of the roll.

Referred to Committee on Rules.

On the call of counties for the introduction of newmatter.

The following bills were read the first time and appropriately referred:

Ry 1\fr. O<;lum of Baker-
A bill to repeal an Act creating bo~r<;l of commission:- ers of roads and revenues for Baker county.

Referred to Special Judiciary Committee.

By Mr. Odum of Baker-

A bill to create a board of commissioners of roads and:

t:.~Y~Qv,.e~ fot: ~.<Jke.r .c~:t,tnty.

. -:

- . -~

,

. >.

.- . l J

.~

JOURNAL OF THE HOUSE,
By Mr. Odum of BakerA bill to amend Act creating city court of Newton in
.and for county of Baker. Referred to Special Judiciary Committee.
By Mr. Ryals of BibbA bill to amend section 2545, Civil CodeJ relative to
sales of guardians. Referred to General Judiciary Committee.
By Mr. Taylor of ApplingA bill to create a board of commissioners of roads and
revenues for Appling county. Referred to Counties and County Matters Committee.
By Mr. Moore of CherokeeA bill to create board of commissioners of roads and
revenues for county of Cherokee.
Referred to Counties and Count.y Matte.rs Committee.
By Mr. Harris of CrispA bill to amend Act incorporating city of Cordele. Referred to Corporations Committee,
_By Mr. Tyson of EmanuelA bill to make it penal to bet on elections in Georgia. Referred to General Judiciary Committee.

WEDNESDAY, JUNE 24, 19o8.

65

By Mr. Tyson of Emanuel-
A bill to fix the age for road duty m the State of Georgia.
Referred to General Judiciary Committee.

By Mr. Williams of Dodge-
A bill to amend Act establishing city court of Eas~.... man.

Referred to Special Judiciary Committee.

By Mr. Harris of Crisp-

A bill to amend Act incorporating city of Cordele..

Referred to Corporations Committee.

By Mr. Harris of Crisp-

A bill to amend Act to incorporate city of Cordele.

Referred to Committee on Corporations.

By Messrs. Alexander and Candler of DeKalb-
A bill to amend Constitution by authorizing the General Assembly to exempt from tax<.>*";'"'" agricultural products in hands of producers.
~eferred to Committee on Constitutional Amendments,

By Mr. Williams of DodgeA bill to incorporate the to~n of Leon.

Referred to Committee on Corporations.
&bl

- } OURNAL m THE HoUSE,
-By Mr. Williams of DodgeA bill to amend Act providilg for collection of attor-
neys fees. Referred to General Judiciary Committee.
.By Mr. Tyson of EmanuelA bill to amend section 342 of Penal Code. ~Referred to General Judiciary Committee.
By Mr. Whitley of DouglasA bill to exempt certain farm products from taxation
while in hands of producer. Referred to Committee on General Agriculture.
By Mr. Moore of CherokeeA bill relative to issuing bonds for establishment of
roads in Cherokee county. Referred to Counties and County Matters Committee.
By Mr. Tyson of EmanuelA bill to prescribe manner of selling land belonging to
.Emanuel county. .Referred to Counties and County Matters Committee.
By Mr. Godley of CamdenA bill to incorporate the city of Kingsland. Referred to Committee on Corporations.

WEDNESDAY, JUNE 24, 1908.

67

By Mr. Mercer of Terrell-

A bill to repeal an Act relative to public roads in Terrell county.

Referred to Counties and County Matters Committee.

By Mr. Edwards of Habersham-
A bill to amend Constitution relative to increasing pensions.

Referred to Committee on Pensions.

By Mr. Calbeck of Gordon-
A bill to provide how and when pensions due to Confederate soldiers and widows shall be paid.

Referred to Committee on Pensions.

By Mr. Moore of Cherokee-
A bill to exempt farm products from taxation when in hands of producer.

Referred to Committee on General Agriculture.

By Mr. Reid of Putnam-

A bill to amend Act creating board of commissioners ()f roads and revenues of Putnam county.

Referred to Counties and County Matters Committee.

:By Mr. Dunbar of RichmondA bill to authorize railroad corporations chartered un-

68

JOURNAL OF THE HOUSE,

der the laws of the State of Georgiru to change its line of road.

Referred to Committee on Railroads.

By Mr. Adams of Chatham-

A bill to authorize judges of city courts in certain counties to appoint special bailiffs.

Referred to Special Judiciary. Committee.

By Mr. Boyd of Spalding-

A bill to amend Act relative to pensioning Confederate soldiers.

Referred to Committee on Pensions.

By Messrs. Nowell and Arnold-

A bill to incorporate the town of Williamsville.

Referred to Committee on Corporations.

By Mr. Edwards of Habersham-

A bill to repeal an Act to regulate the sale of certain drugs.

Referred to Committee on Hygiene and Sanitation.

By Mr. Dean of Floyd-

A bill to amend charter of city of Rome.

Referred to Committee on Corporations.

WJU>N:ESDAY, JuNE 24, Igo8.

69

By Mr. Tuggle of Troup-

A bill to amend section 1790 of volume I of Code of
1895
Referred to General Judiciary Committee.

By Mr. Calbeck of Gordon-

A bill to repeal Act incorporating .the town of Fairmount.

Referred to Committee on Corporations.

By Mr. Edwards of Habersham-
A bill to amend Act to regulate sale of certain narcoti~ <lrugs.

Referred to Committee on Hygiene and Sanitation.

By Mr. Edwards of Habersham-
A bill to amend the Constitution so as to amend the pension laws.

Referred to Committee on Pensions.

By Mr. Edwards of Habersham-
A bill to repeal an Act providing how and in what way pensions shall be paid.

Referred to Committee on Pensions.

By Mr. Fraser of LibertyA bill to amend section 982, volume ~ of the Code of
1895
Referred to Committee on Banks and Banking.

70

JoURNAL OF THE HOUSE,

By Mr. Calbeck of Gordonb.
A bill to establish new charter for the town of Fairmount.
Referred to Committee on Corporations.

By Mr. Butt of Fannin-

A bill to amend charter of city of Blue Ridge.

Referred to Committee on Corporations.

By Mr. Tuggle of Troup--
A bill to amend paragraph I of section 2 of article I 1 of the Constitution.

Referred to Committee on Constitutional Amendments.

By Mr. Tyson of Emanuel-

A bill to fix the age for road duty in Emanuel county.

Referred to Counties and County Matters Committee.

By Mr. Adams of Chatham-

A bill to amend section 44~7 of Civil Code.

Referred to General Judiciary Committee.

By Mr. Tuggle of Troup--

A bill to amend paragraph I of section 2 of article 8 of the Constitution.

Referred to Committee on Constitutional Amendments.

WEDNESDAY, JuNE 24, I9o8.

71'

By Mr. Tuggle of Troup-
A bill to amend paragraph I, section 4, article 3 of the. Constitution.
Referred to Committee on Constitutional Amendments..

By Mr. Tuggle of Troup-
A bill to amend paragraphs 2 and 3 of section I of. article 5 of the Constitution.

Referred to Committee on Constitutional Amendments..

By Mr. Dean of FloydA bill to create a bureau of fisheries in Georgia. Referred to Committee on General AgricultureL

By Mr. Stubbs of ThomasA bill to amend t!1e charter of the town of Ochlochne~

Referred to Committee on Corporations.

The following resolutions were read the first time and' appropriately referred:
By Mr. Blackburn of Fulton-
A resolution to provide payment of bond No. I88..

Referred to General Judiciary Committee.

By Mr. Tracy of Webster-
A resolution to pay pension of Mrs. E. J. Coker.

Referred to Committee on Pensions.

JoURNAL OF THE HousE,

The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:

'The Senate has adopted the following joint resolution ~n which the concurrence of the House is respectfully
:asked, to wit :

A resohition appointing a joint committee of two from
the Senate and three from the House, notifying his Ex-
-cellency the Governor that the General Assembly has -convened, and ready to receive such communications as ihe may think proper.

Committee on part of Senate Mr. Felder of 22d, and Mr. Steed of 37th.
The committee to notify the Governor of the convening of the General Assembly submitted the following Jreport:

..Mr. Speaker:

The Joint Committee of the House and Senate, to wait 'Upon the Governor and notify him of the readiness of the 'General Assembly to attend to business, reports that it bas discharged this duty, and the Governor states that he will communicate with the General Assembly at once lin writing.

Respectfully submitted.

CANDLER of DeKalb,

}ACKSON of }ones,

DuGGAN of Washington,

'.

Committee on part of the House.

THURSDAY, }UN 25, 1908.

73

Leaves of absence were granted to the following members, to wit :

Mr. Stephens of Hall, Mr. Price of Oconee.

In accordance with the re~olution previously adopted the Speaker declared the House adjourned out of respect to the memory of the deceased members until 10 o'clock to-morrow morning.

ATLANTA, GA., June 25, 1908.

The House met at 10 o'clock a.m., pursuant to the :adjournment thereof; called to order by the Speaker and -opened with prayer by the Chaplain.

On the call of the roll the following members answered to their names :

.Adams of Chatham, Adams of Elbert, .Adams of Wilkinson, Adkins, .Alexander, .Allen, .Anderson of Bulloch, .Anderson of Cobb, .Arnold, .Ashley, Atkinson, .Austin, Ballard, Barksdale, Barrett,

Barrow,

Candler,

Bell,

Cannon,

Berry,

Chamlee,

Blackburn,

Clark,

Bond,

Clifton,

Bowen,

Collum,

Boyd,

Cook of Chat'hoochee,

Brown of Carroll, Cook of Telfair,

Brown of Oglethorpe, C'ooke of Thomas,

Buchannon,

Covington,

Burkhalter,

Couch,

Burwell,

Cowan,

Butt,

Crawford,

Cal beck,

Crumbley,

Callaway,

Culbreth,

74

JOURNAL OF THE HOUSE,

Daniel, Davis, Davison, Dean, Dickey, ;)onalson, Dorminy, Dunbar, Duggan, Dykes, Eaves, Edmondson, Edwards, Ellison, Estes, Fagan, Flanders, Flannigan, Foster, Fowler, Fraser, Frier, Fullbright, Furr, Geer, Gibson, Glenn, Godley, Goode, Guyton, Hall, Hamilton, Hardeman, Harris, Haywood, Heard, Hill, Hines, Holder, Howard, Hubbard, Huff, Huie, Hullender, Jackson, Johnson of Jasper,

Johnson of Jeff Davis, Rountree,

Johnson of Towns, Russel~

Jones of Meriwether, Ryals,

Jones of Mitchell, Shaw,

Keith,

Sheffield,

Kendall,

Simmons,

Kendrick,

Slade,

Lee,

Slater,

Lively,

Smith of Calhoun,

Lumsden,

Smith of Campbell,.

Lunsford,

Stephens,

Matthews,

Stewart,

MacFarland,

Strickland,

McCarthy,

Stubbs,

Mcintyre,

Sumner,

McMahan,

Swilling,

McMichael,

Taylor of Appling,_

McMullan,

Taylor of Sumter,_

McWilliams,

Terrell,

Martin,

Thorne,

Massengale,

Thurman,

Maxwell,

Tift,

Mays,

Townsend,

Mercer,

Tracy,

Moore,

Trent,

Morris,

Tuggle,

Mundy,

Tyson,

Nix,

Walker of Lowndes,.

Nowell,

Walker of Milton,

Odum,

Walker of Wash'ton,.

Orr,

Ward,

Parker,

Warnell,

Parrish,

Watkins,

Payton,

White o'f. Madison,

Perry,

White of Screven,

Persons,

Whitley,

Peterson,

Williams,

Pope of Brooks,

Wilson,

Pope of Dade,

Wise,

Powell,

Wootten,

Price of Bartow,

Wright of Floyd,

Price of Oconee,

Wright of Richmond;_

Reid of Macon,

Wynne,

Reid of Putnam,

Young,

Reid of Wilcox,

Mr. Speaker.

Rogers,

THURSDAY, JUNE 25, 1908.

75.

Those absent were Messrs.-
Atwater,

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

The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has adopted the following resolution in which the concurrence of the House is asked, to wit:

A resolution providing for a joint committee of thret from the Senate and five from the House to prepare an appropriate memorial on the life and character of the Hon. John W. Akin, late Senator from 42d district.

The following resolutions were read and adopted :

By Mr. Boyd-

A resolution extending sympathy of the House to Hon.
J. R. Atwater in his illness.

By Messrs. Boyd and Jackson-

A resolution congratulating Hon. D. C. Barrow on his recent marriage.

By Mr. Pope of Brooks-

A resolution that the hall of the House of Representatives be tendered the Georgia Woman's Suffrage Association on the evenings of July gth and July roth.

'16

'JOURNAl. OF TH~ Hous~,

By unanimous consent i:he following bills were read the first time and appropriately referred :

By Mr. Burkhalter-
A bill to regulate the sale, inspection and analysis of <::ommercial fertilizers in the State of Georgia.
Referred to Committee on General Agriculture.

By Mr. Burkhalter-
A bill to regulate the business of commission mercha.t and other like business.
Referred to Committee on General Agriculture.

By Mr. Fowler-

A bill to authorize corporations chartered by superior

<::ourt to change its corporatP. residence by majority vote

-of its stockholders.



Referred to Committee on Corporations.

By Mr. FullbrightA bill to incorporate the town of Vidette. Referred to Committee on Corporations.

By Mr. FullbrightA bill to amend the charter of Midville. Referred to Committee on Corporations.

77: By Mr. Barksdale-
A bill to regulate the writing of life insurance. Referred to Committee on Corporations. By Mr. McMahanA bill to appropriate twenty thousand dollars to thetrustees of the University of Georgia. Referred to Committee on Appropriations. By Mr. McMahanA bill to appropriate seven thousand dollars to State~ Normal School. Referred to Committee on Appropriations. By Mr. McMahan-:A bi11 to provide for creation of a board of health forthe city of Athens. Referred to Committee on Corporations. By Messrs. Flannigan and HolderA bill to amend the Act incorporating the town ot: Center. Referred to Counties and County Matters Committee._ By Mr. ShawA bill to fix the annual amount to be paid to each of:

78

JoURNAL OF THE HousE,

the indigent soldier pensioners and to the widows there-of.
Referred to Committee on Pensions.

By Mr. Shaw-
A bill to require certain hotels to furnish mosquito .bars.
Referred to General Judiciary Committee.

By Mr. TerrellA bill to amend section 388 of the Penal Code of 1895. Referred to General Judiciary Committee.

By Messrs. Flannigan and Holder-
A bill to amend Act incorporating the town of Hoschton.
Referred to Counties and County Matters Committee.

By Messrs. Blackburn and Bell-

A bill to appropriate thirty thousand dollars to the State Technological School to build dormitory.
Referred to Committee on Appropriations.

By Messrs. Blackburn and Bell-
A bill to appropriate five thousand dollars to the State 'Technological School to establish a department of architecture.
Referred to Committee on Appropriations.

79 l3y Messrs. Crawford and Price-
A bill to make it unlawful for any person to enter the -dwelling house or place of business of another over the <>bjection of the owner.
Referred to Committee on General Judiciary.
By Mr. Gibson-
A bill to amend an Act to create a board of commissioners of roads and revenues in and for the county of Glascock.
Referred to Committee on Corporations.
By Messrs. Orr and Couch-
A bill to amend an Act incorporating the Haralson school district.
Referred to Committee on Corporations.
By Messrs. Mcintyre and Shaw-
A bill to amend paragraph 5 of section 2 of article 6 of the Constitution relative to Court of Appeals.
Referred to Committee on Constitutional Amendments.
By Mr. GibsonA bill to change the time of holding the superior court
of Glascock county.
Referred to General Judiciary Committee.

80

JOURNAL OF THE HoUSE,

By Mr. Mcintyre-

A bill to amend paragraph 1 of section 2 of article 7
of the Constitution so as to permit income and inheritc:mce taxes.

Referred to Committee on Constitutional Amendments.

By Mr. Williams of Dodge-

A bill to amend section 2800 of the Code of 1895.

Referred to General Judiciary Committee.

By Messrs. Blackburn and Bell-

A bill to more clearly define the name of the State Technological School.

Referred to General Judiciary Committee.

By Mr. Trent-

A bill to prohibit vicious dogs from running at large.

Referred to Committee on General Agriculture.

By Mr. Persons-

A bill to amend Act creating board of commissioners of Monroe county.

Referred to Committee on Corporations.

By Messrs. Orr and Couch-

A bill to provide how and in what way pensions shall be paid.

Referred to Committee on Pensions.

THURSDAY, JUNE 25, 1908.

81

On motion of Mr. Candler of DeKalb the following message of the Governor was read :

By unanimous consent the Governor's message, submitted on yesterday, and which appears in that days Journal, was read.

By unanimous consent the following resolution of the Senate was read and concurred in :

By Mr. Felder of 22d district-

A resolution providing for a joint committee of three
from the Senate and five from the House of Representa-
tives to prepare a memorial on the life and character of the Han. John W. Akin late Senator from 42d ~istrict.

The following resolution was read and adopted:



By Mr. Alexander-
A resolution providing for joint session of House and Senate on Tuesday, June 30th, at 8 o'clock p.m., for the purpose of hearing from the officers of the Juvenile Protective Association.

Leaves of absence were granted the following mem. hers, to wit: Mr. Mays of Butts, Mr. Davis of Houston.

On motion "of Mr. Bell of Fulton the House adjourned until to-morrow morning at 10 o'clock, out of respect to the memory of the Han. John W. Akin late Senator from the 42d district.
6hj


82

JouRNAL oF THE HousE,

ATLANTA, GA., Friday, June 26, 1908.

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. M. H. Eakes, the Chaplain.

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

Adams of Chatham, Candler,

Fagan,

Adams of Elbert,

Cannon,

Flanders,

Adams of Wilkinson. Chamlee,

Flannigan,

Adkins,

Clark,

Foster,

Alexander,

Clifton,

Fowler,

Allen,

Collum,

. Fraser,

Anderson of Bulloch, Cook of Chat'hoochee, Frier,

Anderson of Cobb, Cook of Telfair,

Fullbright,



Arnold,

Cooke of Tho'l!as, Furr,

Ashley,

Covington,

Geer,

Atkinson,

Couch,

Gibson,

Austin,

Cowan,

Glenn,

Ballard,

Crawford,

Godley,

Barksdale,

Crumbley,

Goode,

Barrett,

Culbreth,

Guyton,

Barrow,

Daniel,

Hall,

Bell,

Davis, .

Hamilton,

Berry,

Davison,

Hardeman,

Blackburn,

Dean,

Harris,

Bond,

Dickey,

Haywood,

Bowen,

vonalson,

Heard,

Boyd,

Dorminy,

Hill,

Brown of Carroll, Dunbar,

Hines,

Brown of Oglethorpe, Duggan,

Holder,

Buchannon,

Dykes,

Howard,

Burkhalter,

Eaves,

Hubbard,

Burwell,

Edmondson,

Huff,

Butt,

Edwards,

Huie,

Cal beck,

Ellison,

Hullender,

Callaway,



Estes,

Jackson,

83

Johnson of Jasper, Orr,

Johnson of Jeff Davis, Parker,

Johnson of Towns, Parrish,

Jones of Meriwether Payton,

Jones of Mitchell,

Perry,

Keith,

Persons,

Kendall,

Peterson,

Kendrick,

Pope of Brooks,

Lee,

Pope of Dade,

Lively,

Powell,

Lumsden,

Price of Bartow,

Lunsford,

Price of Oconee,

Matthews,

Reid of Macon,

MacFarland,

Reid of Putnam,

McCarthy,

Reid of Wilcox,

Mcintyre,

Rogers,

McMahan,

Rountree,

McMichael,

Russell,

McMullan,

Ryals,

McWilliams,

Shaw,

Martin,

Sheffield,

Massengale,

Simmons,

Maxwell,

Slade,

Mays,

Slater,

Mercer,

Smith of Calhoun,

Moore,

Smith of Campbell,

Morris,

Stephens,

Mundy,

Stewart,

Nix,

Strickland,

Nowell,

Stubbs,

Odum,

Sumner,

Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young, Mr. Speaker.

Those absent were Messrs;-
Atwater,

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

Mr. Reid of Putnam asked unanimous consent to have bill No. 781 withdrawn. from the Committee on Counties and County Matters and re-referred to the .Committee on Corporations, which was granted.

84

JouRNAL oF THE HousE,

The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
I am directed by the Senate to report to the House of Representatives that the following Stmators have been appointed on part of Senate as the committee to prepare a memorial upon the death of the late Senator John W. Akin, to wit:

Messrs. Felder of 22d district, Martin of 43d district, and Overstreet of I 7th district.

Mr. Alexander, chairman of the \Vestern & Atlantic Railroad Committee, submitted the following report:

Mr. Speaker:

Your Committee on the \Vestern & Atlantic Railroad beg leave to report as follows:

The committee has had under consideration House bill No. 3, declaring it to be the purpose and policy of this State to extend the Western & Atlantic Railroad and operate the same, and instruct me, as their chairman, to report the bill back to the House with the recommendation that it be passed as amended.

The committee have also had under consideration House bill No. 90, amending the Constitution so as to authorize an issue of bonds for the extension of the Western & Atlantic Railroad, and instruct me as their chairman to report the bill back with the recommendation that it do pass.
Respectfully submitted.
HooPER ALEXANDER, Chairman.

FRIDAY, JuNE 26, 19Q8.
Mr. Hall of Bibb, of Western & Atlantic Railroad Committee, gave notice that at the proper time he would file a minority report on House bills Nos. 3 and 90.
The following resolution was read and adopted, to wit:
By Mr. Alexander-
A resolution providing that the General Assembly adjourn on July 3d for the purpose of making an inspection of the Western & Atlantic Railroad and the State's property in Chattanooga.
The Speaker announced the following committee, on part of the House, to draft resolutions on the death of Hon. John W. Akin, late Senator from the 42d district:
Messrs. Price of Bartow, Candler, Hall, Martin, Cov- ington.
The Speaker announced the following committee assignments of the newly-elected members, to wit:
Mr. MacFarland of Mcintosh was assigned to Committees on Banks and Banking, Appropriations, Counties and County Matters, Railroads, Temperance, Special Judiciary.
Mr. Arnold of Walton was assigned to Committees on Banks and Banking, General Agriculture, Penitentiary, Manufactures, Western & Atlantic Railroad, Ways and Means.
Mr. Crawford of Bartow was assigned to Committees on General Agriculture, Special Agriculture, Education, Georgia School for Deaf, Temperance, Pensions.

86

JouRNAL oF THE HousE,

Mr. Matthews of Lowndes was assigned to Committees on General Agriculture, Railroads, Penitentiary, Pensions, Corporations, Counties and County Matters.
Mr. Cannon of Rabun was assigned to Committees on General Agriculture, Counties and County Matters, Penitentiary, Roads and Bridges, Pensions, Mines and Mining.
Mr. Wynne of Pulaski was assigned to Committees on General Agriculture, Pensions, Special Judiciary, Temperance, Roads and Bridges, Game and Fish.

By unanimous consent the call of the roll of counties was dispensed with, and the following bills were read the first time and appropriately referred, to wit:

By Mr. Barrow of Chatham-
A bill to provide a method for the relief of sureties upon the bonds of persons acting in a judicial capacity.
Referred to General Judiciary Committee.

By Mr. McCarthy-
A resolution for the relief of L~ B. Riser, H. D. Sievers, H. C. Cunningham, R. G. Prowder, Sanders
Frain and L. Mell, of Chatham county.
Referred to Committee on Appropriations.

By Mr. McWilliams-
A resolution to pay the funeral expenses of W. J.
Barnes of Henry county.
Referred to Committee on Pensions.

FRIDAY, JuNE 26, 19QS.

87

By Mr. Wright of Richmond-
A bill providing for the collection of past due taxes to the State.

Referred to General Judiciary Committee.

By Mr. Wright of Richmond-

A bill to provide for the rejection, assessment and arbitration in the case of tax returns by railroad companies for county and municipal purposes.

Referred to General Judiciary Committee.

By Messrs. Moore of Cherokee, Holder and Flannigan of Jackson-

A bill to define who are subject to road duty in Georgia.

Referred to Committee on Roads and Bridges.

By Messrs. Tyson and Rountree of Emanuel and Flanders of Johnson-

A bill to create the new county of Milledge.

Referred to Committee on Constitutional Amendments.

By Mr. Barrow of Chatham-

A bill to authorize the safe deposit of assets in the possession of any receiver, etc., subject to the joint control of the surety.

Referred to General Judiciary Committee.

88

JoURNAL OF THE HoUSE,

By Mr. Brown of Carroll-

A bill to amend section I I 10, volume 3 of the Code, defining costs due justices of the peace, etc., in criminal cases.

Referred to General Judiciary Committee.

By Mr. Godley-

A bill to create the city court of St. Marys.

Referred to Special Judiciary Committee.

By Mr. Mays of Butts-

A resolution to pay the funeral expenses of J. B. Grant of Butts eounty.

Referred to Committee on Pensions.

By Mr. Shaw of Clay-

A bill to provide for the election of the Pension Commissioner by the people.

Referred to Committee on Pensions.

By Mr. Clifton of Toombs-

A bill to make the wife a competent witness to testify against the husband in certain cases.
Referred to Special Judiciary Committee.

By Mr. Stubbs of Thomas-
A bill to prescribe the manner of lawfully carrying pistols, etc.
Referred to Special Judiciary Committee.

FRIDAY, ]UN 26, I9Q8.

89

By Mr. Ryals-

A bill to amend paragraph 2, section 2, article 5 of the Constitution.
Referred to Committee on Constitutional Amendments.

By Mr. Sumner of Turner-

A bill to amend an Act to create the city court of Ashburn.

Referred to Special Judiciary Committee.

By Mr. Williams of DodgeA bill to provide for a State board of pensions, etc.

Referred to Committee on Pensions.

By Mr. Godley of Camden-
A bill to repeal an Act to create the county court of Camden county.

.Referred to Special Judiciary Committee.

Mr. Nowell, chairman of Committee on Corporations, submitted the following report :

Mr. Speaker:
Your Committee on Corporations has had under con sideration the following bills of the House, and direct me as their chairman to report same back, with recommendation that same do pass :

An Act to amend an Act entitled an Act to create a

90

JouRNAL oF THE Hous.e,

board of commissioners of roads and revenues for the county of Putnam.

Respectfully submitted.

NOWELL, Chairman.

The following bills were read the third time and put upon their passage, to \vit:

By Mr. Hines of Baldwin-
A bill to make it unlawful to procure money or other thing of value upon a mortgage upon personalty when said personalty has died.
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 92, nays I.
The bill having received the requisite constitutional majority was passed.

By Mr. Hines of Baldwin-
A bill to amend section 672 of the Criminal Code.
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 108, nays I.
The bill having received the requisite constitutional majority was passed.

FRIDAY, JuN 26, r9Q8.

91

By Mr. Hines of Baldwin-

A resolution to pay Mrs. 0. M. Case for dwellinghouse burned by convicts.

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 97, nays r.

The resolution having received the requisite constitutional majority was passed.

By Mr. Hines of Baldwin-
A bill to amend section 671 of the Criminal Code, relative to the sale of mortgaged property.
The favorable report of the committee was agreed to.
On the passage of the bill the ayes were 97, nays o.
The bill having received the requisite constitutional majority was passed.

House bill No. 2 1, which was taken up for third reading, was tabled on motion of Mr. Slaton, of Fulton, because of the temporary absence of the author.

By Mr. Townsend of Clinch- . A resolution to pay pension due Mrs. Celia Holt.

An appropriation being involved the Speaker resolved the House into a Committee of the Whole and designated as chairman Mr. Heard of Dooly.

92

JouRNAL oF TH HousE,

After a consideration of the resolution the committee arose, and through its chairman reported the same back to the House, with the recommendation that it do not pass.

The unfavorable report of the committee was agreed to and the bill was lost.

On motion of Mr. Smith of Campbell, 250 copies of Senate bill No. 123 were ordered printed.

By unanimous consent the following bill was read the first time, to wit:

By Mr. Glenn of Whitfield-
A bill to amend an Act to create the city court of Dalton.
Referred to Special Judiciary Committee.

The following bill was read the second time by unanimous consent and re-referred to the Committee on Corporations, to wit:

By Mr. Reid of Putnam-

A bill to amend an Act to create a board of commissioners of roads and revenues for Putnam county.

The following bill was read the third time and put upon its passage, to wit:

By Mr. Hall of Bibb-
A bill to provide certain restrictions upon the right of persons to register and vote in elections in this State.

93
On motion of Mr. Hall of Bibb the bill was tabled, and 200 copies ordered printed.
Mr. Donalson moved to adjourn until ro o'clock Monday morning, which motion prevailed and the Speaker announced the House adjourned.

ATLANTA, GA., Monday, June 29, 1908.

The House met pursuant to adjournment at IO 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 of Chatham, Adams of Elbert, Adams of Wilkinson Adkins, Alexander, Allen, Anderson of Bulloch, Anderson of Cobb, Arnold, Ashley, Atkinson, Austin, Ballard, Barksdale, Barrett, Barrow, Bell, Berry, Blackburn,

Bond,

Cooke of Thomas.

Bowen,

Covington,

Boyd,

Couch,

Brown of Carroll,

Cowan,

Brown of Oglethorpe, Crawford,

Buchannon,

Crumbley,

Burkhalter,

Culbreth,

Burwell,

Daniel,

Butt,

Davis,

Calbeck,

Davison,

Callaway,

Dean,

Candler,

Dickey,

Cannon,

Donalson,

Chamlee,

Dorminy,

Clark,

Dunbar,

Clifton,

Duggan,

Collum,

Dykes,

Cook of Chat'hoochee, Eaves,

Cook of Telfair,

Edt:nondson,

94

JouRNAL oF TH HousE,

Edwards,

Lively,

Ellison,

Lumsden,

Estes,

Lunsford,

Fagan,

Matthews,

Flanders,

MacFarland,

Flannigan,

McCarthy,

Foster,

Mcintyre,

Fowler,

McMahan,

Fraser,

McMichael,

Frier,

McMullan,

Fullbright,

Me Williams,

Furr,

Martin,

Geer,

Massengale,

Gibson,

Maxwell,

Glenn,

Mays,

Godley,

Mercer;

Goode,

Moore,

Guyton,

Morris,

Hall,

Mundy,

Hamilton,

Nix,

Hardeman,

Nowell,

Harris,

Odum,

Haywood,

Orr,

Heard,

Parker,

Hill,

Parrish,

Hines,

Payton,

Holder,

Perry,

Howard,

Persons,

Hubbard,

Peterson,

Huff,

Pope of Brooks,

Huie,

Pope of Dade,

Hullender,

Powell,

Jackson,

Price of Bartow,

Johnson of Jasper, Price of Oconee,

Johnson of Jeff Davis, Reid of Macon,

Johnson of Towns, Reid of Putnam,

Jones of Meriwether Reid of Wilcox,

Jones of Mitchell,

Rogers,

Keith,

Rountree,

Kendall,

Russell

Kendrick,

Ryals,

Lee,

Shaw,

Those absent were Messrs.-
Atwater,

Sheffield, Simmons, Slade, Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Strickland, Stubbs, Sumner, Swilling, Taylor of Appling. Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond. Wynne, Young, Mr. Speaker.

'MONDAY, ]UN] 29, 1908.

95

The Journal of last Friday's proceedings was read and confirmed.

Mr. Orr, chairman of the Committee on Academy for the Blind, submitted the following report:

Report of the Committee on the Georgia Academy for the Blind:

Mr. Speaker:

We, your Committee on the Georgia Academy for the Blind, beg leave to submit the following report:

On October the 29th, 1907, we visited the Georgia academy for the whites located at Vineville, a suburb of Macon, Georgia, where we found seventy-six pupils under the instructions of five teachers. On Madison street, Macon, Georgia, we visited the academy for the blacks, where we found twenty-six pupils under the instructions of two teachers.

In these institutions the elementary branches of an English education and manual training are taugi:J.t, and the progress of the pupils, especially .in mathematics and music, was far beyond our expectation. The manual training embraces broom~making, chair-caning and the like, the pupils having attained considerable proficiency in these lines. Here the thoughtful principal of ti:J.is institution, Prof. G. F. Olephant, called our attention to the fact that improved machinery was fast taking the place of all manuai labor, and that the most serious problem in this department is, and will continue to be, in the selection of such lines of work and giving to the blind a training which will be sufficiently remunerative to make them self-sustaining and independent regardless

96

JouRNAL oF THE HousE,

of their competitor-improved machinery. As to what lines of work will most completely serve this purpose, the serious consideration and suggestions of all is requested.

The buildings and grounds are spacious, well kept and - the sanitary conditions are most excellent. An atmos-
phere of cleanliness evidenced from the recitation halls, bed-rooms, kitchens, and the personal appearance of all, commends to our favorable consideration the manner in which this institution is being conducted and kept.

We believe that a reasonable sum expended for more modem musical instruments would be money well invested.

We are gratified to report that the policy of this institution is to educate the blind to become self-sustaining and useful citizens and to prevent any from becoming objects of charity, and to note how successfully this policy has instilled in the minds of the blind a spirit of self-reliance and independence.

Respectfully submitted.

I. N. ORR, Chairman.

The following message was received from the Senate through Mr. N orthen, Secretary thereof:
Mr. Speaker:
The Senate has concurred in the following resolution of the House, to wit :
A resolution providing for a joint session of the Senate and House of Representatives June 30, 19o8, at

MoNDAY, JuNE 29, 19(>8.

97

8 o'clock p.m., in interest of Juvenile Protective Association.

The Senate has refused to concur m the following resolution of the House, to wit :

; A resolution that the House and Senate accompany the Committee on Western & Atlantic Railroad to investigate certain property belonging to State of Georgia.

i The roll of counties was called and the following bills

were introduced, read the first time and appropriately

referred, to wit:

_.,,- n

By Mr. Burkhalter of Tattnall- . -~:;_:. :;.:..iJ4~
',_,;,.--
A bill to create a new judicial circuit to be kn:own as the Canoochee circuit.

Referred to General Judiciary Committee.

By Mr. Burkhalter-

A bill prescribing how ballots shall be printed, their
custody and distribution defined, etc., and for other purposes.

Referred to General Judiciary Committee.

By Mr. Goode of Pickens-

A bilJ to prohibit unfair commercial discrimination between communities, etc.

Referred to Committee on General Agrirulture.
711j

98

JouRNAL oF THE HousE,

B:y Mr. Ballard of Newton-
A resolution to pay pension due Thos. H. Greer tq his widow.

Referred to Committee on Pensions.

By Mr. Flanders of Johnson-
A, bill to crea,te a board of commissioners of roads and revenues for Johnson county.
Referred to Special Judiciary Committee.

By Mr. FlandersA bill!to creafe the dty court of Wrightsville. Referred to Special Judiciary Committee.

By Mr. FlandersA bill to abolish the county court of Johnson county. Referred to Special Judiciary Committee.

By Mr. Perry of Hall-
A bill to provide for the distribution of the convict5 of this State.

Referred to the Penitentiary Committee.

By Mr. Nix of Gwinnett-
A bill to reduce the salaries of the judges of the suprem.e, superior and appellate courts.
Referred to Committee on General Agriculture.

MoNDAY, JuNE 29, 1908.

99

By Mr. Calbeck of Gordon-

A resolution to pay a pension to Mrs. Mary McDougal.

Referred to Committee on Pensions.

By Mr. Tyson of Emanuel-

. A bill to provide for the appointment of females as notaries public.
Referred to S~hil Judlcia~y Com~ittee.

By Mr. Dean of Floyd-
A bill to re~late and prescrib~ the issuance 6 mar-
riage licenses.

Referred to Cotrimittee on Hygiene and Sanitation.

By Mr. Guyton of Effingham-
A bill to aiitho~i~~ tr~stees ol kffihgham Academy to
use certai'n funds for school purposes.

Referred to Committee on Education.

By Mr. Candler of DeKalb-

A bill to amend an Act of August 22, 1907, to make appropriation for ordinary e~penses of State government.

Referred to Committee on Appropriations.

By Messrs. Heard and Adkins-

A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Dooly county.

Referred to Counties and County Matters Committee.

100

JouRNAl, oF TH~ HouSJt,

By Mr. Adams of Chatham-

A bill to amend section 4002 of the code relating to auditors' fees.

Referred to General Judiciary Committee.

By Mr. Barrow of Chatham-

A bill to regulate practice in cases of garnishment, etc.

Referred to General Judiciary Committee.

By Mr. Barrow of Chatham-

A bill to amend section 4556 of the code.

Referred to General Judiciary Committee.

By Mr. Barrow of Chatham-

A bill to amend section 4514 of the code.

Referred to General Judiciary Committee.

By Mr. Barrow-

A bill to amend section 4518 of code.

Referred to General Judiciary Committee.

. By Mr. Barrow-

A bill to amend section 4550 of the code. Referred to General Judiciary Committee.

MONDAY, }UN 29, I9QS.

101

By Mr. Barrow-

A bill to amend section 458o of the code.

Referred to General Judiciary Committee.

By Mr. Barrow of Chatham-
A bill to amend Act 3, section 7, paragraph 18, of the Constitution.

Referred to General J u.diciary Committee.

By Mr. Barrow-
A bill to fix the time for filing pleadings and to authorize verdicts and judgments, etc.
Re~erred to General Judiciary Committee.

By Mr. Barrow-

A bill to amend sections 3304, 3305, 33o6, and 3524, Vol. 2, of the code.
Referred to General Judiciary Committee.

By Mr. Ryals-
A bill to authorize the Governor to designate a third State depository in the city of Atlanta.

Referred to Committee on Banks and Banking.

By Mr. Donalson of Decatur-

A bill to create a charter for the town of Iron City.

Referred to Counties and County Matters Committee.

102

JOURNAI, 01" TH~ HouSE,

Mr. Wright of Richmond, Chairman of Committee on General Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary has had under consideration the following House bills and instructed me. as their chairman to report same back to the House with the recommendation that same do pass as amended, tc wit:

A bill to provide for the rejection, assessment and arbitration in the case of tax returns.

A bill to provide for the collection of past due taxes to the State1 counties and municipalities.
Respectfully submitted,

BOYKIN WRIGHT,
Chairman.

Mr. Massengale, chairman of the Committee on Game and Fish, submitted the following report:
Mr. Spea.ker:
Your Committee on Game and Fish having under consideration House bill No. 723 recommend that the same do p;:tss as amended.
MASSENGALE,
Chairman.

The following bills were read the third time and put

~pon..

!heir
,.: '

passage, '. - . .

t? .

wit: .

103
By Messrs. Slater and Dykes-
A bill to prescribe the duty of electric telegraph companies in receiving and transmitting messages, and prescribing penalty, etc.
On motion of Mr. Bell of Fulton the above bill was tc.bled.
Mr. Bell then moved that 200 coptes of the bill be printed, which motion prevailed.
The following resolution was read and referred to the Committee on Rules, to wit:
By Mr. Tift of Dougherty-
A resolution to make House bill No. 463 the special order for June 30 after confirmation of Journal.
Bills for a third reading were resumed, to wit:
By Mr. Williams of Laurens-
A resolution providing for the paymel!t of expenses incurred by Committee to Investigate Soldiers' Home.
On motion of Mr. Candler the above resolution was tabled.
On motion of Mr. Anderson of Bulloch House bill No. 39, which was in process of being read a third time, was tabled.
On motion of Mr. Tyson 200 copies of House bill No. 39 were ordered printed.

104

JOURNAL OF TH HoUS,

On motion of Mr. Candler House bill No. 38 to pay expenses of Committee to investigate Soldier's Home was taken from the table.

Mr. Candler then moved that the resolution be indefinitely postponed, which motion prevailed.

On motion of Mr. Slater House bill No. 38 was tabled.

On motion of Mr. Adams House bill No. 37 was tabled.

Bills for a third reading were resumed, to wit:

.By Mr. Adams of Chatham-
A bill to make it illegal to charge a rate of interest of more than 5 per cent. per month.

Mr. Adams proposed to amend as follows:
"Provided, save a~d except only, that regularly licensed pawnbrokers, where personal property is taken in their actual physical possession and stored by them, may charge in addition not exceeding twenty-five cents, at the time said property is taken possession of by them for issuing ticket."
The above amendment was adopted.

Mr. Smith of Campbell proposed to amend by striking the figut:e 5 per cent. and insert in lieu thereof 3 per cent. The amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill the ayes were 131, nays 2.

MONDAY, JUNE 29, Igo8.

106

The bill having received the requisite constitutional majority was passed as amended.

By unanimous consent the session was extended for fifteen minutes for the purpose of reading bills a second time.

The following resolution was read and referred to Committee on Rules, to wit :

By Mr. Alexander-
A resolution to make House bills Nos. 3 and 90 special .orders for July 7th.
On motion of the author, House bill No. 56 was tabled. On motion of Mr. McMahan House bill 58 was tabled

Bill~ for a third reading were resumed, to wit :

By Mr. Huie of Clayton-
A bill to authorize two or more corporations to cooperate in the organization and operation of work-gangs.
The report of the committee, which was favorable to the passage of the bill as amended was disagreed to, and the bill lost.
On motion of Mr. Huie of Clayton House bill No. 63 was tabled.

On motion of Mr. Alexander the following bflls were read the second time, to wit :

106

JoURNAL OF THE HoUSE,

By Mr. White of Screven-

A resolution recommending the Hertz-McGregor system be used in the turpentine business.

By Messrs. Alexander and Odum-
A bill to extend the Western and Atlantic Railroad tO' the seacoast.

By Mr. Alexander-
A bill to amend section I I I' article 7 of the Constitution.

By Mr. \Vright of Richmond-
A bill to provide for past due taxes to the State, counties and municipalities.

By Mr. Wright of Richmond-
A bill to provide for the rejection, assessment and arbitration of tax returns by railroad companies.

By Mr. Fraser-
A bill for the protection and propagation and preservation of game animals, birds and fish.

Leave of absence was granted Mr. Gibson of Glascock.

On motion of Mr. Trent of Heard, the Speaker announced the House adjourned until IO o'clock to-morrow morning.

TuESDA~, JuNE 30, 19o8.

107

ATLANTA, GA., Tuesday, June 30, 1908.

The House met pursuant to adjournment at 10 o'clock 2.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 of Chatham, Candler,

Fagan,

Adams of Elbert,

Cannon,

Flanders,

Adams of Wilkinson, Chamlee,

Flannigan,

Adkins,

Clark,

Foster,

Alexander,

Clifton,

Fowler,

Allen,

Collum,

Fraser,

Anderson of Bulloch, Cook of Chat'hoochee, Frier,

Anderson of Cobb, Cook of Telfair,

Fullbright,

Arnold,

'::ooke of Thcmas, Furr,

Ashley,

Covington,

Geer,

Atkinson,

Couch,

Gibson,

Austin,

Cowan,

Glenn,

Ballard,

Crawford,

Godley,

Barksdale,

Crumbley,

Goode,

Barrett,

Culbreth,

Guyton,

Barrow,

Daniel,

Hall,

Bell,

Davis,

Hamilton,

Berry,

Davison,

Hardeman,

Blackburn,

Dean,

Harris,

Bond,

Dickey,

Haywood,

Bowen,

;)on:tlson,

Heard,

Boyd,

Dorminy,

Hill,

Brown of Carroll, Dunbar,

Hines,

Brown of Oglethorpe, Duggan,

Holder,

Buchannon,

Dykes,

Howard,

l3urkhalter,

Eaves,

Hubbard,

Burwell,

Edmondson,

Huff,

Butt,

Edwards,

Huie,

Calbeck,

Ellison,

Hullender,

Callaway,

Estes;

Jackson,

108

JouRNAL o~ TH~ Hous~.

Johnson of Jaspt.r, Orr,

Johnson of Jeff Davis, Parker,

Johnson of Towns, Parrish,

Jones of Meriwether Payton;

Jones of Mitchell, Perry,

Keith,

Persons,

Kendall,

Peterson,

Kendrick.

Pope of Brooks,

Lee,

Pope of Dade,

Lively,

Powell,

Lumsden,

Price of Bartow,

Lunsford,

Price of Oconee,

Matthews,

Reid of Macon,

MacFarlancl,

Reid of Putnam,

McCarthy,

Reid of Wilcox,

Mcintyre,

Rogers,

McMahan,

Rountree,

McMichael,

Russell,

McMullan,

Ryals,

McWilliams,

Shaw,

Martin,

Sheffield,

Massengale,

Simmons,

Maxwell,

Slade,

Mays,

Slater,

Mercer,

Smith of Calhoun,

Moore,

Smith of Campbell,

Morris,

Stephens,

Mundy,

Stewart,

Nix,

Strickland,

Nowell,

Stubbs,

Odum,

Sumner,

Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thome, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young, Mr. Speaker.

Those absent were Messrs.-
Atwater,

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

By unanimous consent the following bills were introduced and read the first time, to wit :

TuJtsDAY, ]UN~ 30, 1908.

109

By Mr. BurwellA resolution for the relief of A. M. Hutchinson.

Referred to Committee on Appropriations.

By Mr. Whitley-

A bill to organize and establish a sanitarium for the treatment of tuberculosis.

Referred to Committee on Hygiene and Sanita~ion.

By Mr. Reid of Putnam-
A bill to repeal an Act creating a charter for Eaton-
ton.

Referred to Committee on Corporations.

By Mr. Reid of Putnam-

A bill to create a new charter for the town of Eatonton.

Referred to Committee on Corporations.

By Mr. Persons of Monroe--

A bill to amend section 276o, volume 2 of the Code.

Referred to Special Judiciary Committee.

By Mr. Persons-

A bill to amend section 4046 of the Code.

Referred to General Judiciary Connnittee.

110

JOURNAL OF THE HoUSE,

By Messrs. Donalson and BoydA bill to amend section 5484 of the Code. Referred to General J udic_iary Committee.

By Messrs. Orr and CouchA bill to amend section 526, volume 1 of the Code. Referred to Special Judiciary Committee.

By Mr. FlandersA bill to provide for good time allowance for good
beh~vior of ~~nvicts. Referred to Committee on Penitentiary.

By Mr. Dean of Floyd-
A bill to establish the legal weight of one bushel of peaches.
Referred to Committee on General Agriculture.

By Mr. Clifton of Toombs-
A bill to propose an amendment to paragraph 2, section I, article I I of the Constitution.
Referred to Committee on Constitutional Amendments.

By Messrs. VVarnell, MacFarland and Clifton-

A bill to transfer the counties of Tattnall and Toombs from the Middle circuit to the Atlantic judicial circuit.
Referred to General Judiciary Committee.

TuESDAY, JuNE 30, r9QS.

111

By Mr. StricklandA bill to incorporate the town of Williamson.

Referred to County and County Matters Committee.

By Mr. Mcintyre-
A bill to prevent exorbitant attorney'~ fees in personal injury cases.

Referred to General Judiciary Committee.

By Mr. Stephens-

A bill to provide compensation for jurors in justice courts of Hall county.
Ref~rred to Co~nties and County Matters co'mmittee.

By Mr. Perry of Hall-

A bill to prescribe the liability of certain corporations and persons fo~ injuries to employees.

Referred to General Judiciary Committee.

By Mr. Ward of Coffee-

A bill to amend an Act to create a new charter for the city of Douglas.

Referred to Committee on Corporations.

The fol'lowing resolutions were read and referred to the Committee on Rules, to wit:

By Mr. Persons-

A resolution to make House .bill No. 670 a special order.

112

JOURNAI. OF TH~ HOUS:E,

By Mr. Wootten-
A resolution to make House bill No. 239 a special order.

Mr. Alexander asked unanimous consent that Hous.e bills Nos. 3 and 90 be made the special order for next Tuesday immediately after the reading of the Journal,. which request was granted.

Mr. Nowell, chairman of Committee on Corporations submitted the following report:

Mr. Speaker:
Your Committee on Corporations has had under consideration the following "House bills and direct me as their chairman to report same back to the House with the following recommendations, to wit, do pass.

An Act to incorporate the city of Kingsland.

An Act to amend an Act to incorporate the city of Cordele.

An Act to amend an Act to incorporate the city of Cordele, changing the date of opening the registration books.

An Act to amend an Act to incorporate the city of Cordele, define its limits, prescribe its powers, etc.

An Act to amend, consolidate and supersede the several Acts incorporating the city of Blue Ridge.

An Act to repeal an Act incorporating the town of Fairmount.

TuESDAY, JuNE 30, 1go8.

113

An Act to establish a new charter for the town of Fairmount, etc.
An Act to incorporate the town of Williamsville.

An Act to incorporate the town of Vidette, etc.

An Act to amend the charter of Midville, etc.

An Act to amend an Act creating a board of conunissioners of roads and revenues for Glascock county.

An Act to amend an Act to create a board of commis-

sioners of Monroe county. Respectfully submitted.

.,. ,

: , .... l1

.;.-;.__ .. ~-~-

t~tl"

...

This June 30, 1908.

Noww.., Chairman.

Mr. Foster.. chairman of the Committee on Pensions, submitted the following report :

M " S peaket':

The Committee on Pensions have had under consider-

ation House bill No. 826, and recommend that the same

do pass.

J. Z. FOSTER, Chairman.

The following bills were read the third time and put upon their passage, to wit :

By Mr. Foster of Cobb-
A bill to amend section !828, Vol. 2, of the code relative to recovery of damages from corporations, ~.
On motions d Mr. AdM15 of Chatham, ~ttioh ~ the
above bill was postpolled .aftfJ the -same :was sa fur a
8 hj

114

JouRNAL o:F THE HousE,.

special order for next Thursday immediately after the confirmation of the Journal.

Mr. Adams moved that 200 copies of the above bill be printed, which motion prevailed.

By Mr. Foster of CobbA bill to amend section 2316, volume 2 of the Code.
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 106, nays I.
The bill having received the requisite constitutional majority was passed.

By Mr. Foster of Cobb-
A bill to amend an Act to amend section I, article 7, paragraph I of the Constitution so as to extend the provision of said section.
On motion of Mr. Alexander further action on the above bill w'as postponed and the same was set as a special order for Thursday next, immediately after the special order already set.
On motion of Mr. Alexander 200 copies of the above bill were ordered printed.

By Messrs. Hamilton of Columbia and Wright of Richmond-
A bill to provide a method of taking depositions to be used in the trial of civil cases without commission.

TuESDAY, JuNE 30, 1go8.

115

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

On the passage of the 'bill the ayes were 105, nays o..

The bill having received the requisite constitutional majority was passed.

By Messrs. Hamilton of Columbia and Wright of Richmond-
A bill to prohibit any unauthorized person from interfering with the running of railroad locomotives and for other purposes.

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

On motion of Mr. Wise of Fayette the House reconsidered its action in agreeing to the report of the committee.

Mr. Wright of Richmond proposed to amend by adding after section 1, "Provided when the schedule of a train requires it to stop at a station or flag, in the absence of the operator, it shall not be unlawful for a person bona fide desiring to take passage on such train, to :flag the same."

The amendment was adopted.

The favorable report of the committee was then agreed to as amended.

On the passage of the biU the ayes were 9(), nays o.

The bill having received the requisite constitutional :majority was passed as amended.

116

jOURNAL OF TH:Jt HOUS:Jt

By Mr. Reid of Putnam-

A bill to amend an Act to create a board of commissi.:>ners of roads and revenues for the oolllilty of Putnam.

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 I IO, nays o.

The bill having received the requisite constitutional majority was passed.

By unanimous consent the following resolution was introduced and read the first time, to wit :

By Mr. Smith of Campbell-

A resolution to require the State Treasurer to regard the dep6sit of stocks and bonds, deposited to secure policy holders ~s a closed transaction, etc.
Referred to the General Judiciary Committee.

By Mr. McMiclme1-
A resolution to make House hilt No. g8o :a gpecial order.
Referred to Committee~ R'UJ:es.

Mr. Whitley, clWnnan uf tfre CoJflltnittee on Hygiene and Sa~itation submitted the following report~

M-r. Speaker:

Yoac- Oommfttee on Hygiel'l'e '3nd Sanitation has ba\t

TutsDAY, JuNE 30, 1908.

117

under consideration the following bill, and direct me, as its C'hairman, to report the same back to the House with the recommendation that it do pass as amended, to wit:

A hill to regulate the issuing of marriage licenses and for other purposes.

Respectfully submitted.

T. R. WHITLEY, Chairman.

By Mr. Donalson of Decatur-
A bill to regulate the carrying of pistols, repeating rifles, &c., and for other purposes.

Before the above bill could be disposed of Mr. Butt of Fannin moved to adjourn, which motion prevailed.

Leave of absence was granted Messrs. Huff of Lumpkin and Dickey of Crawford.

The Speaker then announced the House adjourned until 10 o'clock to-morrow morning.

118

JouRNAL ol" TH.: Hous.:,

ATV.NTA, GA., Wednesday, July 1, 19QS.

The House met pursuant to adjournment at 10 o'clock a.m. this day; was called to order by the Speaker ani opened with prayer by the Chaplain.

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

Adams of Chatham, Adams of Elbert, Adams of \Vilkinson, Adkins, Alexander, Allen, Anderson of Bulloch, Anderson of Cobb, Arnold, Ashley, Atkinson, Austin, Ballard, Barksdale, Barrett, Barrow, Bell, Berry, BlackbUldo Bond, Bowen, Boyd, Brown of Carroll, Brown of Oglethorpe, Buchannan, Burkhalter, Burwell, Butt, Cal beck, Callaway,

Candler,

Fagan,

Cannon,

Flanders,

Chamlee,

Flannigan,

Clark,

Foster,

Clifton,

Fowler,

Collum,

Fraser,

Cook of Chat'hoochee, Frier,

Cook of Telfair,

Fullbright,

C'ooke of Thomas, Furr,

Covington,

Geer,

Couch,

Gibson,

Cowan,

Glenn,

Crawfcrd,

Godley,

Crumbley,

Goode,

Culbreth,

Guyton,

Daniel,

Hall,

Davis,

Hamilton,

Davison,

Hardeman

Dean,

Harris,

Dickey,

Haywood,

D:>n'll~on,

Heard,

Dorminy,

Hill,

Dunbar,

Hines,

Duggan,

Holder,

Dykes,

Howard,

Eaves,

Hubbard,

Edmondson,

Huff,

Edwards,

Huie,

Ellison,

Hullender,

Estes,

Jackson,

W:EDNESDAY, JULY I, Igo8.

119.

Johnson of Jasper, Orr,

Johnson of Jeff Davis, Parker,

Johnson of Towns, Parrish,

Jones of Meriwether Payton,

Jones of Mitchell,

Perry,

Keith,

Persons,

Kendall,

Peterson,

Kendrick,

Pope of Brooks,

Lee,

Pope of Dade,

Lively,

Powell,

Lumsden,

Price of Bartow,

Lunsford,

Price of Oconee,

Matthews,

Reid of Macon,

MacFarland,

Reid of Putnam,

McCarthy,

Reid of Wilcox,

Mcintyre,

Rogers,

McMahan,

Rountree,

McMichael,

Russell,

McMullan,

Ryals,

MeWilliams,

Shaw,

Martin,

Sheffield,

Massengale,

Simmons,

Maxwell,

Slade,

Mays,

Slater,

Mercer,

Smith of Calhoun,

Moore,

Smith of Campbell,

Morr.is,

Stephens,

Mundy,

Stewart,

Nix,

Strickland,

Nowell,

Stubbs,

Odum,

Sumner,

Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, !White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Ric!1mond, Wynne, Young, Mr. Speaker.

Those absent were Messrs.-

Atwater,

The following message was received from the Senate th_!ough Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wi_t:

120

JoURNAL OF THE HOUSE,

A bill to prohibit leasing of misdemeanor convicts to private individuals or corporations.

Also a bill to change the school year so that the same shall begin September I, and close August 3 I, of each year.

On motion of Mr. Wright of Floyd the reading of the Journal of yesterday's proceedings was dispensed with.

On motion of Mr. Slade of Muscogee House bill No. 26I, which was unfavorably reported by the General Judiciary Committee, was recommitted to the Committe\.' on Game and Fish.

The following invitation was read, to wit:

MARIETTA, GA., June 30, I9Q8.

To the General Assembly of Georgia:
On the seventh day of July, Igo8, at four o'clock p.m., the Ladies' Memorial Association and Kennesaw Chapter U. D. C., at Marietta, Georgia, will unveil a magnificent monument in the Confederate cemetery at Marietta, Georgia, now the State property, to the memory of over 3,000 Confederate soldiers there buried. This monument has been erected by us without cost to the State.
We cordially invite you, together with the attaches of the House and Senate, to attend in a body and participate in the exercises.
We have labored long and faithfully under trying and adverse circumstances, caring for and protecting the

WEDNESDAY, JULY I, I9Q8. .

121

graves of thes~ silent heroes. We most earnestly and sincerely request you to honor us with your presence on this occasion.
Very respectfully,

THE LADIEs MEMORIAL AssociATION AND KENNESAW
CHAPTER u. D. c.

Per Mrs. R. L. Nesbitt, President.
.
The following resolution was read and adopted, to
wit:

By Messrs. Foster and Anderson of Cobb--

A resolution providing for acceptance of invitation to visit Marietta and providing also for a Committee on Arrangements.

By unanimous consent the following bills were introduced and read the first time, to wit :

By Mr. Burwell of Hancock-

A bill to amend sub-section I, of section 629, volume 3 of the Code, relative to selling of votes, &c.

Referred to the General Judiciary Committee.

By Messrs. Barksdale, Burwell, Covington, Persons, Barrett, Nowell-

A bill to establish the Insurance Department of Georgia; to provide for the conduct of the same and for other purposes.

Referred to Committee on Corporations.

122

JOURNAL OF THE HOUSE,

By Mr. Peterson-

A bill to incorporate the town of Orland. Referred to Special Judiciary Committee.

By Mr. Barrett-

A hill to prescribe how pensions shall be paid.

Referred to Committee on Pensions.

By Mr. Blackburn-

A resolution for the relief of Mrs. Tallulah Towns.

Referred to Committee on Pensions.

By Mr. Barrett-

A bill to amend an Act approved August, 1907, to n1ake appropriations for expenses of State government.

Referred to the Appropriation Committee.

By Messrs. Heard and Adkins__:

A bill to amend an Act to incorporate the city of Vienna.

Referred to Committee on Corporations.

By Mr. Hines-

A bill to amend section 386, volume 1 of the Code.

Referred to the General Judiciary Committee.

Wn>NESDAY, JuLY I, Igo8.

123

By M.ssrs. Nowell and Arnold-

A bill to incorporate the town of Between.

Referred to Committee on Corporations.

By Mr. Huie-A bill to prohibit betting on elections. -Referred to Committee on Temperance.

By Messrs. Priee, Barksdale, Holder and Butt-
A bill to extend the present school book contract un:il January I, I9I 1.
Referred to Committee on Education.

By Mr. ,Mundy-
A bill to make betting on elections or primaries ttll lawful.

Referred to Committee on Privileges.

By Messrs. Nowell and Arnold-

A bill to incorporate the town of Gratis.

Referred to Committee on Corporations.

By Messrs. McMahan, Russell and Slade-

A bill to exempt police and firemen from the exclusion of free passes.

Referred to Committee on Corporations.

124

JOURNAL OF THE HOUSE,

By Mr. McMichael - .
A bill to amend an Act of November I, I 896, so as to allow payment of salaries to county school commissioners in certain counties.

Referred to Committee on Education.

By Messrs. Couch and OrrA bill to amend an Act providing for local tax school
districts, &c.
Referred to Committee on Education.

By Mr. Simmons of Gilmer-
A bill to repeal an Act to incorporate the town of Eli jay.
Referred to Special Judiciary Committee.

By Mr. Simmons-

A bill to create a new charter for the town of Elijay. Referred to Special Judiciary Committee.

By Messrs. Jones and Keith of MeriwetherA bill to incorporate the town of Chalybeate Springs. Referred to Committee on Corporations.

By Mr. Blackburn-

A resolution providing that Van Epps' Form Book be furnished to public officers of the State.
Referred to the General Judiciary Committee.

WEDNESDAY, JULY I, Ig<>8.

125

By Mr. Blackburn-
A bill providing that the registration books be closed in counties having cities of 75,000 or more inhabitants, thirty days before elections.
Referred to Special Judiciary Committee.

By Mr. Wise of Fayette-
A bill to amend section 982, volume I of the Code so as to add Fayetteville to list of State depositories.
Referred to Special Judiciary Connnittee.

By Mr. Blac~uin-

A bill to amend an Act to collect tax for the support
of the government for r-908 and I~.

Referred to Committee on Ways and Means.

By Mr. Taylor of Sumter-

A resolution to pay pension to widow of Frank John-

Referred to Oommite olil :Pensions.
By Mr. Townsend of Clinch-A biff :to ~te the City cotirt df Homerville.
Referred to Special Judiciary Committee. :On mo~on 'Gf MT. Sumner of ~. House bill No.
831 was taken from the Special Jud1cmy lind ii6-~e-

126

JOURNAL OF THE HOUSE,

ferred to the Committee on Counties and County Matters.

On motion of Mr. Slade of Muscogee, Senate bill No. 123 was recommitted.

Mr. Hines, acting chairman of Committee on Rules, ~llbmitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following House resolution and instructed me as their acting chairman, to report same back to the House with the recommendation that same do pass as amended.

A resolution to make House bill 463 special order on Wednesday, July I, I9Q8.
Respectfully submitted.
E. R. HINES, Acting Chairman.

The following bill, which was set for a special order for this time by the Committee on Rules was read the third time and put upon its passage, to wit.

By Mr. Tift of Dougherty-
A bill to require railroad .companies doing business in this State to equip their locomotives with sufficient electric headlight.

Mr. Mcintyre proposed to amend by inserting the following paragraph :

WEDNESDAY, JuLY I, Igo8.

127

"Provided this Act shall not apply to tram-roads, millroads, and roads engaged principally in lumber or log-ging transportation in connection with mills."

Mr. Tift proposed to amend by striking the figures, ''19o8," at end of section 3, and insert the figures, " I gog."

The committee proposed to amend by striking from line 6, section I, the words "of at least ISOO" candle power between the words "headlight" and "and" in line 6 and substitute the sentence "which shall not consume not less than 300 watts at the arc."

The above amendment was adopted.

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

Mr. Warnell moved that the house reconsider its action in agreeing to the report of the committee for the purpose of allowing him to offer an amendment which motion was lost.

On the passage of the bill the ayes were I3I, nays o.

The bill having received the requisite constitutiO)lal majority was passed as amended.

On motion of the author, House bill No. 2I was taken from the table and placed on the Calendar.

By unanimous consent the followin~ bills were read the first time, to wit :

128

JouRNAL o~ TH HousE,

By Mr. Boyd of Spalding-
A bill to regulate the run~ing of automobiles in this State.

Referred to Committee on Roads and Bridges.

By Mr. Slade of Muscogee-
A bill to establish by law when the disfranchisement amendment to the Constitution of Georgia shall go into effect.
Referred to the General Judiciary Committee.
By Mr. White of Screven-
A bill to amend paragraph 2, section I, article I 1 of
the Constitution so as to create the new county of Blackshear.
Referred to Committee on Constitutional Amendmmts.
By Mr. Candler of DeKalb-
A resolution to approve the application of the Board of Trustees of the University, to participate in the Carnt-gie Foundation for advancement of teaching.
Referred to Committ~ ;dil Utiiversity 'of Georgia.

ATLANTA, GA., July I, Igo8.
The following message was received from his Ex-
celi.t>ncy the Gb\Temor fhiougb his secretary, Mr. Car-
t.!r: .... .- :::~....

WEDNESDAY, JULY I, rgo8.

129

Mr. Speaker:

--

I am directed by his Excellency, the Governor, to de-

liver to the House of Representatives a communication

in writing.

July r, rgoS.

To the Senate and House of Representatives:
I transmit herewith papers which have reference to the Carnegie Foundation Fund.
This fund creates pensions m old age for a class of educators to which it applies.
I am advised that the professors of the University of Georgia may participate in this fund, provided the board of trustees of the University, the Governor of the State and the General Assembly give their formal approval D such participation.
The trustees of the University have unanimously expressed their desire that the University of Georgia participate in the benefits of the fund. I transmit copies of reports to the board made by a special committee of trustees appointed to investigate the subject, together with copy of a letter from Dr. H. C. White, of the University, fully presenting the facts with reference to this fund: and, also, copy of a report from the faculty showing that the University will be prepared in 1909 and 1910 to meet the scholastic requirements of the Carnegie Foundation Fund.

It aff'ords me pleasure to give my hearty approval to
.ua,t

130

JoURNAL OF THE HOUSE,

participation in this fund by the University and to submit the matter for your consideration with the hope that you, also, may see fit to give it your approval.

HoKE SMITH, Governor.

June I8, I908.
His Excellency, Hon. Hoke Smith, Executive Office, Atlanta.
DEAR SIR: I transmit to you herewith a report made by a special committee of the Board of Trustees of the University of Georgia, at its recent session.
As you will observe this report deals with the Carnegie Foundation Fund. In order that the University may be placed in a position where it may enjoy participation in this fund, it is conditioned that in addition to the action of the board, the formal approval of the Governor and the General Assembly, is necessary.
To this report is also attached a report of the Faculty of the University, stating that it will be prepared for the session of I909-10 to meet the scholastic requirements of the Carnegie Foundation in the matter of curriculum standard.
The report of the special committee herewith attached, having been unanimously adopted by the trustees, as was also the report of the faculty, the special committee of the trustees, was requested to place the. matter before you with the request that if, in your judgment you can consistently do so, you will give the same your approval,

W:JU>Nt5DAY, JULY I, I908.

131

and transmit the report to the General Assembly for its approval.
Very truly yours,

CLARK HowELL, C1airman.

To the Board of Trustees.
GENTLEMEN : The undersigned committee, charged with the duty of investigating and reporting upon the Carnegie Foundation Fund, and making recommendation as to the University of Georgia, applying for its privileges and benefits, beg to submit herewith a' detailed report of Dr. H. C. White, which gives the desired information. Dr. White was a member of the committee which took up with Mr. Carnegie the matter of including State Universities in the benefits and privileges of this fund; and it was in response to the suggestions of this committee that Mr. Carnegie increased his original endowment of $Io,ooo,ooo to $I5,ooo,ooo, in order that State and tax-supported institutions might be included in the list of institutions enabled to become beneficiaries of his munificence in this respect.
The only condition placed by Mr. Carnegie to full participation in the benefits and privileges of this fund, by state and tax-endowed institutions, is that such participation may be agreeable to the trustees of such institutions and to the Governor and the General Assembly of the States, respectively.
Vve accordingly recommend the adoption of the following resolution, by this board :

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JOURNAL OF THE HoUSE,

Resolved by the board of trustees of the University 1
of Georgia, that, appreciating the noble purpose of Mr. Andrew Carnegie in establishing the Carnegie Foundation for the advancement of teaching, and recognizing its far reaching and munificent results in advancing the dignity of th'e profession of teaching, in protecting the old age of valuable and unselfish public servants and h increasing the efficiency and in promoting the elevation of scholastic standards in American colleges and universities, they desire that the University of Georgia shall participate i'n the benefits of this foundation.

They, therefore, hereby make application for the admission of the University of Georgia into all the rights and privileges of the Carnegie Foundation for the advancement of teaching, for the University of Georgia, and such of its depart'ments as may become eligible thereto.

Resolved} further} that this action be submitted to the Governor of the State, and by him to the General Assembly with the respectful recommendation that the assent of both the Governor and the General Asseml!ly be given thereto.

Respectfully submitted.

CLARK HowELL1 Chairman.
N. E. HARRIS,
A. 0. BACON.

Athens, Ga., June 15, 1908.

WW>N~DAY, JuLY I, Igo8.

133

UNIVERSITY OF GiORGIA, June IJ, I~.
Messrs. Clark Howell, A. 0. Bacon, N. E. Harris, Committee.
G~N'l'LEMEN : Complying with your request I present the following brief statement of the nature and purposes. of the Carnegie Foundation for the advancement of teaching and of the terms and conditions upon which the University of Georgia may be admitted to the benefits thereof. I quote for the most part from the published bulletins and reports of the Foundation.
The Carnegie Foundation for the advancement of teaching had its inception on April 16, 1905, when Mr. Andrew Carnegie, of New York, addressed letters to twenty-five gentlemen, among them the presidents of a number of t~1e leading universities of America, asking them to become trustees of a fund of $10,ooo,ooo which he proposed to establish. Mr. Carnegie expressed his wishes in a letter of which the following is a part:

Nsw YoRK, April 16, I905
GENTLEMEN : I have reached the conclusion that the least rewarded of all the professions is that of the teacher in our higher educational institutions. New York City generously, and very wisely, provides retiring pensions for teachers in her public schools and also for her policemen. Very few, indeed, of our colleges are able to do so. The consequences are grievous. Able men hesitate to adopt teaching as a career, and many old professors, whose places should be occupied by younger men, can not be retired.

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JouRNAJ.- oF THE HousE,

I have therefore transferred to you and your succes3ors, as trustees, $Io,ooo,ooo, 5% first mortgage bonds of the lJnited States Steel Corporation, the revenue from which is to provide retiring pensions for the teachers of Universities, Colleges, and Technical Schools in our country, Canada and Newfoundland under such condi- tions as you adopt from time to time. Expert calcula.tions show that the revenue will be ample for the purpose.

The fund applies to the three classes of institutions named, without regard to race, sex, creed or color. We have, however, to recognize that State and Colonial Governments, which have established or mainly supported universities, colleges or schools, may prefer that their relations shall remain exclusively with the State. I can not, therefore, presume to include them.

Such institutions as are under the control of a sect or require trustees (or a majority thereof), officers, faculty or students to belong to any specified sect, or which impose any theological test, are to be excluded.

I hope this fund may do much for the cause of higher education and to remove a source of deep and constant anxiety to the poorest paid and yet one of the highest of all professions.

Gratefully yours,

(Signed)

ANDREW CARNEGIE.

The trustees \Vere erected into a corporation by an act of Congress approved March 10, 19Q6.

Colleges, universities and technical schools maintained

W$NESDAY, JULY I, 1908.

135

by State and Colonial governments had not been included by Mr. Carnegie in his original letter of gift. The representatives of these institutions felt that this exclusion placed them at a grave disadvantage in many ways with the included privately-endowed institutions. Accordingly in 19o6 theAssociation of American StateUniversities and of American Land-Grant Colleges appointed a joint committee to represent to the trustees of the Carnegie Foundation the propriety and wisdom of admitting State-controlled institutions to the benefits of the Foundation. This committee appeared before the trustees. in New York City in November, 1906, and again in November, 1907. . The advantages of the retiring allowance system to an institution were obvious. It was represented that the exclusion of State-controlled institutions limited, practically, the benefits of the Fund to a comparatively small group of colleges in Eastern and Middle States, whereas the chief work in higher education in the great States of the South and West was done by State institutions. It was pointed out that, aside from the matter of the reti_ring allowance system, the great influence of the Foundation in standardizing and elevating the grade of teaching in American collegec; could only be national in character and effective in fact by including the State institutions which performed, by far, the larger part of the work of higher education in America. The arguments presented were finally effective and on March 31, 1908, Mr. Carnegie addressed the following letter to the president of the Foundation:

NEw YoRK, March 31, 1908.
DEAR SIR: Your favor of to-day informs me of the desire of the professors of State Universities to be em-

136

JOURNAL OF THE HousE,

braced in the pension fund, as shown by a resolution
u..n. animously adopted bytheir National Association.
In my letter of April 16, 1905, handing over the fund to my trustees, the following occurs :

"We have, however, to recognize that State and Colonial governments which have established or mainly support universities, colleges or schools, may prefer that theio:relations shall remain exclusively with the State. I can not, therefore, presume to include them."

I beg now to say that should the governing boards of any State universities apply for pa-rticipation in the Fund and the Legislature and Governor of the State approve such application it will give me great pleasure to increase the Fund to the extent necessary to admit them. I understand from you that if all the State universities should apply and be admitted $5,ooo,ooo more of 5 per cent. bonds would be required. making the Fund $15,000,000 in all.

From the numerous lettes I have received and the warm approval of the press and the public I am satisfied that this fund is and must be for all time productive of lasting good not only to the recipients but to the cause of
. higher education.
Most grateful am I to be privileged as trustee of this wealth to devote it to such a cause.

Truly yours,

(Signed)

ANDREW CARNEGIE.

On May 7, rgo8, the trustees of the Foundation ac-

WJU>NJtSDAY, JuLY I, 1908.

137

-cepted Mr. Carnegie's proposal concerning tax-supported - institutions and adopted the rules which provide for the admission of institutions, whether tax-supported or endowed by individuals.

To render the Foundation a more integral part of higher education in America, the trustees desire, as far as may be, to have their relations with the institutions of h_igher education rather than with the individual professors. For this purpose the Foundation receives apnlications from institutions to be placed upon a list of {:Olleges, universities and technical schools which the trustees have designated as the accepted list. Applications to be placed upon this list on behalf of institutions must be made by the board in which the government of the institution is vested. In the case of tax-supported institu- tions the applications must be accompanied by the ap-proval of the Governor and of the Legislature of the State or province in which the institution is situated.

In order to be admitted to the retiring allowance system of the Foundation the essential work of an institution must be that of higher education and of such a character that graduation from a four-year high school course or equivalent training is a reasonable prerequisite therefor.

An institution to be ranked as a college must have at least six professors giving their entire time to college and university work, a course of four full years in hberal art and sciences, and should require for admission not less than the usual four years of academic or high school preparation, or its equivalent in addition to the pre-academic or grammar school studies.

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A technical school to be eligible must have entrance and graduation requirements equivalent to those of the college and must offer courses in pure and applied science of equivalent grade.

An institution not supported by taxation, in order to meet the requirement in regard to endowment, must hav\! a productive endowment of not less than $200,000 ove::and above any indebtedness of the institution. A taxsupported institution must be in receipt of an annual income of not less than $roo,ooo.

Professors in institutions on the accepted list recetv.! their retiring allowances as a right after complying with the conditions of services given in the rules. \Vithou: quoting these rules in det~il, it may b~ said that the retiring allowances are made upon a most liberal basis. The trustees have adopted a scale under which a teacher who is receiving a low salary is granted a much higher percentage of his salary than is granted to one receiving a higher salary. Thus for a salary below 1,2oo.oo a pension of $I ,ooo.oo.or a sum not to exceed 90 per cent. of the active pay is granted as a retiring allowance.

There can be no question of the advantages to an institution in being placed on the accepted list of the Carnegie Foundation. The retiring allowance is itself a direct pecuniary benefit, inasmuch as it renders service in such an institution the more attractive to able and desirable men. Prestige is given the institution and its standard as a genuine college or university, comparable in standing with other high grade American institutions of higher learning, attested impartially and beyond dispute.

Wn>NESDAY, JULY I, 1908.

139

It will be observed that the Carnegie Foundation has nothing whatever to do with the government, the management or the work of the institutions admitted to its benefits. It simply ascertains in the first instance whether an institution is entitled by character, standard, and endowment to be placed on the accepted list. This done, the Foundation has nothing further to do with tpe in_stitution except to provide the retiring allowances as they may become due under the general regulations of the Foundation and automatically in the institutions themselves. At the S(!.me time it is quite certain that much of great value to the scholarship and standard of teaching of the accepted institutions may be expected from the consequent somewhat intimate association, through the Foundation, of the great collegiate institutions in America.

Practically all the great privately endowed institutions of higher learning in America-such as Harvard, Yale, Columbia, Princeton, Johns Hopkins-are now <;>n the accepted list of the Foundation. The great State universities are rapidly making application for admission.

In our own case the faculty of the University has adopted slight and desirable changes in the requirements for admission by which the University will have reached the Foundation standards at the opening of the session of I9Q9-IO. All that remains is for the board of trustees to make formal application for .. admission of the University to the accepted list of the Carnegie Foundation and the approval of the application by the Governor and the Legislature.

As of possible service I append the form of applica-

140

JOURNAL OF THE HoUSE,.

tion which has recently been adopted by the Universit.v ot Virginia.

Very respectfully yours,
H. c. WHITE.

Mr. Chancellor:

June 2, I903

I am directed by the faculty to report the following action adopted by that body, which will require the approval of the honorable board of trustees :

r. The faculty respectfully reports that, in its opinion, we shall be prepared in Igog-ro to meet the scholastic requirements of the Carnegie Foundation.

Very respectfully,

Vi/. D. HoOPER, Secretary of the Faculty.

Recqmmended for passage :

HowELL,
BACON, HARRIS.

)
~ Special Committee.
I
)

WEDNESDAY, JuLY r, rgo8.

141

Mr. Foster, chairman of the Committee on Pensions, submitted the following report :

Mr. Speaker:
The Committee on Pensions having had under consideration the bills named below, recommend that the same do pass.

No. 777-To amend Constitution so as to increase pensions after certain age.

No. 46--To define the meaning of the word "poverty."

No. 107.-To define the meaning of the word "pov-

No. gg.-To pay pension to Mrs. L. L. Hodge. No. ws.-To pay pension to Mrs. S. F. Crain.
No. 86.-To pay pension to Mrs. Sarah .Currains.
Kc. 112.-To pay pension to \V. J. Standford.
No. g.-To permit Confederate soldiers and widows to file proofs of service with Pension Commissioner.
J. Z. FosTER, Chairman.
Mr. McMahan of Clarke, chairman of the Committee on University of Georgia, submitted the following report:
To the .House of Representatives of Geor:gia:
The Cotnmi'tt~~ on th University of Georgia met ~t

142

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Athens, Georgia, pursuant to the call of its chairman, on September 24, I907.

Only one day was spent in Athens. During this one
day the committee visited, first, the University; second, the agricultural building, in proce~s of erection, and
farm; and third, the State Normal College.

Upon leaving Athens the committee divided, one portion going to Dahlonega to the North Goorgia Agricultural College, the other portion to Milledgeville, to the Georgia Normal and Industrial College, the committee reuniting in Atlanta and visiting the Technological scrool.
You will readily see that in the very limited time at each institution very little personal investigation could be made.

THE STATE UNIVERSITY.
Here the committee was met by the distinguished and beloved Chancellor and the able faculty. The student body was presented to us and this committee comments, with pride, upon the excellent bearing and conduct of the student body. The attendance was unusually large and practically every department was crowded to the limit. The elegant new library building, the gift of Mr. George Foster Peabody, with its great library, had just been opened. The "Old College"-the first home of the first chartered State University of the United States-was examined and found to have been condemned as dangerous by architects and universitv authorities. The chapel too small to accommodate the public to any extent, the eating house, where good

\VEDNESDAY, }ULY I, I908.

H3

board was had at $g.oo per month and the dormitories were glanced over. Then the committee went to the new

AGRICULTURAL BUILDING
then being built upon the one thousand acre farm which is in the edge of the city of Athens. This farm was a recent gift from the friends of the University and more than $wo,ooo.oo was paid for the same. Great provisions are being made here to teach agriculture, dairying and all kindred branches and to teach these most thoroughly. And yet, no provision was made by our body in I907 for the maintenance of this great scl::wol.
From the agricultural building the committee went to the
STATE NORMAL COLLEGE
where the able president and able faculty and -an earnest, hard working student body of about four hundred and fifty were met. Here, too, everything was filled to overflowing with students seeking to fit themselves for teaching in the public schools of Georgia. \Ve found here a need of more room, of a better water supply, of provision for an infirmary, for furnaces to heat the building and for funds with which to pay teachers. Not only are the salaries of the teachers in this college too small to keep individuals of their abilities in the profession, but the teachers of this institution are actually paying fr:om their own small salaries the salaries of other teachers which the school must have and for which the State has made no provision.
From Athens a portion of the committee visited the

144

JouRNAL oF THE HousE,

NORTH GEORGIA AGRICULTURAL COLLEGE

at Dahlonega. Here we met the able president and faculty and a splendid body of one hundred and seventyfive young men and about twenty-five young women. We found this institution crowded and lodging quarters rented for the use of the students. However, a new dormitory was nearing completion and the young me:1 can nearly all find lodging in this. There is no dormitory for young women and because of this fact the attendance of young women is small.

From Athens a portion- of the committee went to the

GEORGIA NORMAL AXD INDUSTRIAL COLLEGE,
at Milledgevt'!le. Here were gatheresl a splendid faculty with about five hundred bright, beautiful young women. Every department was crowded. A new dormitory was almost ready for occupancy. But with this many applicants are turned away for want of room. Every appearance indicated thorough and efficient work.
Both sections of the committee met at the

TECHNOLOGICAL SCHOOL.
This great institution, with its able president, efficient faculty and five hundred students, with its workshops and lecture rooms was a most interesting study. This school is also turning away applicants for admission because of lack of room. We believe this school is doing a great work for the industrial development of our State and section.

fl

WDNESDAY, Jur.Y 1, rgo8.

145

SUGGESTIONS.

First. It is impossible for the committee, as a body, to inspect and investigate the State's institutions of learning in the limited time allotted to this committee.
Second. That "Old College" in Athens, the first home of the State University, built in 1801, be repaired before it is too late. We are informed that it can be repaired at a cost of about $12,500.00. This building is badly
needed at present for dormitory room. u ~ ' ,_, ~ -i
Third. That more room, both for lodging hnd serving meals, should be provided for this growing institution. Although the oldest chartered State University, yet this institution is growing rapidly and accommodation for its growth must be provided. Great interest in her future is being maniil:!sted by all her friends, including her student body. Large gifts are bl!ing maJe to her by her friends and Georgians should ever be proud of her and the work she is doing.
Fourth. Certainly something will be done for the State Agricultural College. Our failure to provide for this institution at our last session would have closed it entirely, but for the fact that its friends have financed it. Immediate action on this matter is absolutely necessary.
Fifth. The State Normal College is in sore need. We feel sure that every lover of the common schools of our State will come to her aid. Her friends have given far more to her buildings and equipment than has our State and these friends stand ready to give more when
.the State shows a full appreciation of this, the very
foundation school of our common school system.
..,

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JouRNAL oF 'I'H Hous,

Sixth. At Dahlonega we think a dormitory for the young ladies of the North Georgia Agricultural College would be a desirable addition. We commend this school most highly.

Seventh. At the Georgia Normal and Industrial College, at Milledgeville, certain equipments are needed to properly utilize the buildings now there. And if all applicants for admission be taken, more buildings are an absolute necessity.

Eighth. And at the Technological School there must be expansion along a number of lines to meet its large growth. Generc;ms friends have contributed much to this institution, and bocause of its great work the State of Georgia can not afford to fail to give to this institutioa a full measure of support.

Ninth. In these variou.s institutions we found more than 2,200 students. During the past school year one thousand students-young Georgians with ambitions to secure an education, ambitious to develop every power that God has given the Anglo Saxon-were denied admission because of lack of room.

Tenth. We would beg every loyal Georgian to visit and investigate each one of these great institutions. Surely nothing within the borders of our State is so important as the training of our young men and women. Investigate the support given to these institutions and compare this support with that given by many of our sister States to their simil~r institutions. This comparison will not be pleasant but it will be. the means of arousing us to greater work. Georgia must not get behind.

WEDNESDAY, }UI.Y I, 1908.

147

"Our .country stands with outstretched hands Appealing to her girls and boys,
From them must flow her weal or woe, Her anguish or her joys."

Respectfully submitted.
J. J. C. McMAHAN, Chairman.

The following bill which_was under consideration when the House adjourned on yesterday was taken up under the head of unfinished business, to wit :
By Mr. Donalson of Decatur-
A bill to regulate the carrying of pistols, repeating rifles, &c., and for other purposes.
The committee proposed to amend as follows: To amend by making "section z," "section 3," and by mal<:ing "section 3," "section 4"
Also to amend by adding a new section: "Sec. 2. Nothing in this Act shall be construed so as to permit any person to carry concealed weapons in this St~te, or that will in any way nullify any of the provisions of section 341, volume 3 of the Penal Code of Georgia of 1895"
The following substitute was offered by Mr. Don~ son, to wit :
or A bill to prohibit any person having or carrying about
his person in any county in this State ahy pistol re-peating J;"i6e without having a license from the ordinary

148

JOURNAL OF THE HousE,

in the county m which the weapon is carried and for other purposes.

The above substitute was adopted.

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

On the passage of the bill the ayes and nays were ordered and on taking the ballot yiva voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams of Elbert,

Hamilton,

Reid of Putnam,

Adams of Wilkinson, Harris,

Rogers,

Adkin9,

Heard,

Rountree,

Anderson of Bulloch, Hill,

Russell,

Anderson of Cobb, Howard,

Ryals,

Atkinson,

Huie,

Shaw,

Barksdale,

Johnson of Jeff Davis, Sheffield,

Bell,

Jones of Meriwether, Slade,

Blackburn,

Jones of Mitchell, Slater,

Brown of Oglethorpe, Keith,

Stubbs,

Buchannon,

Kendrick,

Sumner,

Callaway,

Lee,

Taylor of Appling,

Clark,

Lively,

Taylor of Sumter,

Clifton,

Lunsford,

Thorne,

Culbreth,

MacFarland,

Townsend,

Davison,

McCarthy,

Tracy,

Donalson,

Martin,

Tyson,

Duggan,

Massengal~

Walker of Wash'ton,

Fagan,

Mays,

Ward,

Flanders,

Mercer,

White of Screven.

Foster,

Moore,

Williams,

Fowler,

Morris,

Wise,

Fraser, Frier,

Parker, Parrish,

Wynne, Young,

Fullbright,

.!:

WJIDNESDAY, JuLY I, 1908.

149

Those voting i'n the negative were Messrs.-

Arnold, Austin, Ballard, Barrett, Berry, Bond, Boyd, Brown of Carroll, Burkhalter, Calbeck, Candler, Chamlee, Collum, Cooke of Thomas, Covington, Couch, Cowan, Crawford, Davis, Dean, Eaves, Edmondson,

Edwards, Flannigan, Furr, Glenn,. Godley, Goode, Guyton, Hines, Holder, Hubbard, Hullender, Jackson, Johnson of Jasper, Johnson of Towns, Lumsden, Mcintyre, McMahan, McMullan, McWilliams, Nix, Orr,

Perry, Persons, Peterson, Pope of Brooks, Pope of Dade, Powell, Reid of Macon, Simmons, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Strickland, Swilling, Terrell, 'fhurman, Trent, Walker of Milton, Watkins, White of Madison, Wilson,

Those not voting were Messrs.-

Adams of Chatham, Dunbar,

Alexander,

Dykes,

Allen,

Ellison,

Ashley,

Estes,

Atwater,

Geer,

Barrow,

Gibson,

Bowen,

Hall,

Burwell,

Hardeman.

Butt,

Haywood,

Cannon,

Huff,

Cook of Chat'hoochee, Kendall,

Cook of Telfair,

Matthews,

Crumbley,

McMichael,

Daniel,

Maxwell,

Dickey,

Mundy,

Dorminy,

Nowell, Odum, Payton, Price of Bartow, Price of Oconee, Reid of Wilcox, Tift, Tuggle, Walker of Lowndes, Warnell, Whitley, Wootten, Wright of Floyd, Wright of Richmond, Mr. Speaker.

Ayes 73, nays 64.

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JouRNAL oF THE HousE,

By unanimous consent the verification of the roll call was dispensed with.

On the passage of the bill the ayes were 73, nays 64.

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

Mr. Donalson gave notice that at the proper time he would move to reconsider the action of the House in refusing to pass the above bill.

The Speaker announced the following committee to arrange for transportation of General Assembly to Marietta:

Messrs. Anderson of Cobb, Foster of Cobb, and Stew-

art of Taylor.

.

Leave of absence was granted to Mr. Martin of Elbert.
On motion of Mr. Swilling, the Speaker annou~ce::l the House adjourned until IO o'clock t0:-1!10rr.ow mornmg.

THuRSDAY, JuLY 2, 1908.

151

AT~ANTA, GA.,
Thursday, July 2,. 1908,

The House met pursuant to adjournment at 10 o'clock a.m. this day, was called to order by the Speaker anc1 opened with prayer by the Chaplain.

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

Adams of Chatham, Candler,

Fagan,

Adams of Elbert,

Cannon,

Flanders,

Adams of Wilkinson, Chamlee,

Flannigan,

Adkins,

Clark,

Foster,

Alexander,

Clifton,

Fowler,

Allen,

Collum,

Fraser,

Anderson of Bulloch, Cook of Chat'hoochee, Frier,

Anderson of Cobb, Cook of Telfair,

Fullbright,

Arnold,

Cooke of Thomas, Furr,

Ashley,

Covington,

Geer,

Atkinson,

Couch,

Gibson,

Austin,

Cowan,

Glenn,

Ballard,

Crawford,

Godley,

Barksdale,

Crumbley,

Goode,

Barrett,

Culbreth,

Guyton,

Barrow,

Daniel,

Hall,

Bell,

Davis,

Hamilton,

Berry,

Davison,

Hardeman,

Blackburn,

Dean,

Harris,

Bo1:1d,

Dickey,

Haywood,

Bowen,

Donalson,

Heard,

Boyd,

Dorminy,

Hill,

Brown of Carroll, Dunbar,

Hines,

Brown of Oglethorpe, Duggan,

Holder,

Buchannon,

Dykes,

Howard,

Burkhalter,

Eaves,

Hubbard,

Burwell,

Edmondson,

Huff,

Butt,

Edwards,

Huie,

Calbeck,

Ellison,

Hullender,

Callaway,

Estes,

Jackson,

162

}<?URNAL OP THE HouSE,

Johnson of Jasper, Orr,

Johnson of Jeff Davis, Parker,

Jolmson of Towns, Parrish,

Jones of Meriwether. Payton,

Jones of Mitchell,

Perry,

Keith,

Persons,

Kendall,

Peterson,

Kendrick,

Pope of Brooks,

Lee,

Pope of Dade,

Lively,

Powell,

Lumsden,

Price of Bartow,

Lunsford,

Price of Oconee,

Matthews,

Reid of Macon,

MacFarland,

Reid of Putnam,

McCarthy,

Reid of Wilcox,

Mcintyre,

Rogers,

McMahan,

Rountree,

McMichael,

Russell,

McMullan,

Ryals,

McWilliams,

Shaw,

Martin,

Sheffield,

Massengale,

Simmons,

Maxwell,

Slade,

Mays,

Slater,

Mercer,

Smith of Calhoun,

Moore,

Smith of Campbell,

Morris,

Stephens,

Mundy,

Stewart,

Nix,

Strickland,

Nowell,

Stubbs,

Odum,

Sumner,

Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thome, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Watd, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young, Mr. Speaker.

Those absent were Messrs.-
Atwater,

By unanimous consent, the reading of the Journal of yesterday's proceedings was dispensed with.

Mr. Donalson of Decatur, who on yesterday gave notice that he would do so, moved to reconsider the action of the House in defeating House bill No. 86, relative to the carrying of pistols, rifles etc.

THURSDAY, }ULY 2, 1908.

153

On the motion to.reconsider Mr. Wilson called for the ayes and nays, which call was not sustained.

On the motion to reco~sider the ayes were 84, nays 54 The motion therefore prevailed.

Mr. Edwards of Habersham arose to a question of personal privilege, and repudiated certain statements made in the Macon Telegraph and Macon News in regard to the conduct of the sub-committe~ of the Penitentiary Commjttee, which visited convict camp at Macon.

. By unanimous consent the following bills were introduced and read the first time, to wit:

By Mr. Swilling-
A bill to make it unlawful for any person to carry a pistol less than 24 inches in length, etc.

Referred to General Judiciary Committee.

By Mr. Lumsden of White-

A bill to amend an Act to create a board of commissioners for turnpike roads in this State, etc.

Referred to Counties and County Matters Committee.

Bv Mr. Brown of Carroll-

A resolution providing that when the House adjourns on Friday it stand adjourned until Monday Morning ro o'clock.

Referred to Committee on Rules.

1M

JouRNAL oF THE HousE,

By Mr. Goode of Pickens-

A resolution to pay Mrs. Mary Blackshear a pensiOn.

Referred to Committee on Pensions.

By Mr. Holder of Jackson-
A bill to amend an Act to create the Georgia State Reformatory.

Referred to Committee on Appropriations.

By Mr. Wilson of Gwinnett-
A bill to amend an Act creating the city court of Buford.

Referred to Special Judiciary Committee.

By Mr. Candler-
A bill to appropriate $30,000 to University of Georgia for support of Agricultural College.

Referred to Committee on Appropriations.

By Mr. Bowen-

A bill to amend an Act a_mending an Act entitled au Act to amend an Act to create the city court of Tifton.

Referred to Special Judiciary Committee.

THURSDAY, JULY 2, 1908.

156

By Mr. Godley-,-

A bill providing m advance for eligibility of pensioners.

Referred to Committee on Pensions.

By Mr. TrentA bill to incorporate the town of Fran~lin.

Referred to Committee on Corporations.
By Mr. Godley-

A bill to incorporate the town of Woodbine.

Referred to Committee on Corporations.

By Mr. Candler-

A bill to increase appropriations made in general appropriation bill of 1907 for salaries, etc., of the Railroad Commission.

Referred to Committee on Appropriations.

By Mr. Burwell-

A bill to amend an Act to create the city court oi Sparta.

Referred to Special Judiciary Committee.

By Mr. Burwell-

A bill to incorporate the town of Culverton. Referred to Special Judiciary Committee.

166

JOURNAL OF THlt HOUSE,

By Mr. Brown of Carroll-
A bill to amend an Act to regulate the registration, sale, inspection and analysis of commercial fertilizers, etc.

Referred to Committee on General Agriculture.

Mr. Slade of Muscogee asked that the printed copy of House bill No. 463 be established for the original bill, inasmuch as the original bill had been accidentally misplaced by one of the friends of the measure who had given his recetpt for same to the clerk. The request was granted.

Mr. Heard, chairman of the Committee on Banks and Banking, submitted the following report :
Mr. Speaker:
Your Committee on Banks and Banking, having had under consideration bills 856 and 780, and have instructed me as their chairman to report same back with recommendation that they do pass.
HEARD, Chairman.

Mr. Russell, chairman of the Committee on Privileges and Elections, submitted the following report :

Mr. Speaker:
Your Committee on Privileges and Elections have had under consideration the following House bill and instructed me, as their chairman, to report same back to the House with recommendation that same do pass, to wit:

THURSDAY, JULY 2, Ig<>8.

157

A bill, No. 888, to be entitled an Act to make betting on elections or primaries in this State unlawful, to fix the penalty therefor, and for other purposes.

Respectfully submitted.

CHAS. R. RUSSE:LL, Chairman.

Mr. Wright of Richmond, chairman of Committee on General Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary has had under consideration the following House bills and instructed me, as their chairman, to report same back to the House with recommendation that same do not pass, to wit:
A hill to levy a tax on pistols sold in Georgia.
A bill to authorize judges of courts of record to impose conditional sentences.
Also the following House bill with recommendation that same do pass, to wit:
A b1ll to amend section 5484 of Code of Georgia of
1895.
Also, the following House bill with recommendation that same do pass as amended, to wit:
A bill to am~nd section 3667 of the Code of Georii=~.
of 1895.
Also, the following House bill with the recommenda-

158

JouRNAL oF THE HousE,

tion that same be re-referred to Committee on Banks and Banking:

A bill to amend section 982 of the Code of. Georgia of 1895.

Respectfully submitted.

BOYKIN WRIGHT, Chairman.

Mr. Donalson, chairma'u of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on County and County Matters has had under consideration the following House bills and as its chairman I am instructed to report the same back with the following recommendations:

House bill 739, do not pass. House bill 845, do pass. House bill 74I, do pass as amended. House bill 857, do pass. Respectfully .c;;ubmitted.
ERLE M. DoNALSON, Chairman. Tjiis July 2, 1908.

Mr. Martin, chairman of Committee on General Agriculture, submitted the following report:

THURSDAY, JuLY 2, I908.

159

Mr. Speaker:

Your Committee on General Agriculture has had under consideration the following House bill and instructs me, as their chairman, to report same back to the House with the recommendation that same do pass, to wit:

A bill to regulate the business of commission merchants, and for other purposes.

Also, the following House bill with recommendation that same do not pass, to wit :

A bill to create a Bureau of Fisheries in Georgia.

Respectfully submitted.

L. H. 0. MARTIN, Chairman.

Mr. McMichael, chairman of the Committee on Education, submitted the following report
Mr. Speaker:
Your Committee. on Education has had under consid. eration the following House bill and instructs me, as its chairman, to report that the same do not pass, to wit:
House bill No. 740.
Respectfully submitted.
McMICHAEL, Chairman..

We, the undersigned members of the General Judiciary

160

JOURNAI, OF TH~ Hous~,

Committee submitted the following minority report on House bill No. 3828 :

Mr. Speaker:
We, the undesigned members of the General Judiciary Committee, believing that House bill No. 65, entitled an Act to amend Code section 3828 is too extreme and should not become a law, we beg leave to file this, a minority report adverse to the passage of the proposed bill.

Respectfully submitted.

ERLE M. DoNAI.SON,
w. G. WARNELL,
JosEPH D. BoYD,
A. P. ADAMS,
w. H. BARROW,
FERMOR BARRETT,
W. S. HuFF,
w. F. S:r.ATON, s. J. TYSON.

Mr. Adkins of Dooly requested the Speaker to enforce Rule No. 174, prescribing who are entitled to the privileges of the floor, whereupon the Speaker directed the Clerk to read the rule and those not coming within its provisions were asked to retire from the hall.
Mr. Foster of Cobb moved that the printed copy of the following bill be esta:blished for the original bill, inasmuch as the original bill had been lost in transmis sion from the printer, and had not been returned into the custody of the Clerk, which motion prevailed, and

FRIDAY, Ju:r.Y 3, 1908.

161

the bill which was made the special order for this morning's sessi~n, was read a third time and put upon its
pa~sage, to wit :

llv Mr. Foster of Cobb-
A 'bill to amend section 3828, volume 2 of the Code, relative to recovery of damages for personal injury, &c.

Qn motion of Mr. Hall of Bibb the above bill, together with the substitutes and amendments thereto were recommitted to the General Judiciary Committee. .,...,.-, f:

Leave of absence was granted Messrs. Butt of Fan-

nin, Eaves of Haralson, Reid of Putnam, Williams of

Dodge, Matthews of Laurens, Reid of Wilcox.

: I

On motion of Mr. Huff of Lumpkin the speaker announced the House adjourned until 10 o'clock to-morrow morning.

ATLANTA, GA.,
Friday, July 3, 1908.
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 :
u hj

162

JouRNAL oF THE HousE,

Adams of Chatham, Daniel,

Adams of Elbert.

Davis,

Adams of Wilkinson, Davison,

Adkins,

Dean,

.Alexander,

Dickey,

Allen,

Don:tl~on,

Anderson of Bulloch, Dorminy,

Anderson of Cobb, Dunbar,

Arnold,

Duggan,

Ashley,

Dykes,

Atkinson,

Eaves,

Austin,

Edmondson,

l3allard,

Edwards,

Barksdale,

Ellison,

Barrett,

Estes,

Barrow,

Fagan,

Bell,

Flanders,

Berry,

Flannigan,

Blackburn,

Foster,

Bond,

Fowler,

Bowen,

Fraser,

Boyd,

Frier,

Brown of Carroll, Fullbright,

Brown of Oglethorpe, Furr,

Buchannon,

Geer,

Burkhalter,

Gibson,

Burwell,

Glenn,

Butt,

Godley,

Cal beck,

Goode,

Callaway,

Guyton,

Candler,

Hall,

Cannon,

Hamilton,

Chamlee,

Hardeman,

Clark,

Harris,

Clifton,

Haywood,

Collum,

Heard,

Cook of Chat'hoochee, Hill,

Cook of Telfair,

Hines,

Cooke of Thomas, Holder,

Covington,

Howard,

. Couch,

Hubbard,

Cowan,

Huff,.

Crawford,

Huie,

Crumbley,

Hullender,

Culbreth,

Jackson,

Johnson of Jaspe.-,

Johnson of]eff Davi~

Johnson of Towns,

Jones of Meriwether.

Jones of Mitchell,

Keith,

Kendall,

Kendrick,

Lee,

Lively,

Lumsden,

Lunsford,

Matthews,

MacFarland,

McCarthy,

Mcintyre,

McMahan,

McMichael,

McMullan,

McWilliams,

Martin, Mass~ngale,

Maxwell,

Mays,

Mercer,

Moore,

Morris,

Mundy,

Nix,

~

Nowell,

Odum,

Orr,

Parker,

Parrish,

Payton,

Perry,

Persons,

Peterson,

Pope of Brooks,

Pope of Dade,

Powell,

Price of Bartow,

Price of Oconee,

Reid of Macon,

Reid of Putnam,

.j

FRIDAY, JULY 3. Igo8.

163

Reid of Wilcox, Rogers, Rountree, Russell, Ryals, Shaw, Sheflield, Simmons, Slade, Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Strickland, Stubbs,

Sumner, Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton,

Ward, Warnell, Watkins, )White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond. Wynne, Young, Mr. Speaker.

Those absent were Messrs.-
Atwater,

By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with.

By unanimous consent Messrs. Swilling of Franklin .and Duggan of Washington were granted indefinite leave of absence on account of sickness.

On motion of Mr. Alexander of DeKalb, 200 copies of House bill No. 3 were ordered printed.

Mr. Dunbar of Richmond, was allowed to withdraw House bills Nos. 707 and 709, by unanimous consent.

The following resolution was read and adopted by unanimous consent, to wit:

By Mr. Fraser of Liberty-

A resolution inviting the Commissioner of Game and

164

JOURNAL OE' TH~ HOUS~,

Fish of Alabama to address the House on Wednesday next at 9 :30 o'clock.

The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has concurred in the following resolution of the House, to wit:

A resolution that the General Assembly attend the unveiling of the Confederate monument at Marietta, Ga,, July 7, 1908, at 4 o'clock p.m. Also that a joint com- mittee of three from the House and two from the Senate be appointed to make suitable arrangements for making the trip over the trolley line from Atlanta to Marietta.

The committee on part of the Senate in accordance with this resolution are, Senators Dobbs a~d Taylor.

The Senate passed by the requisite constitutional majority the following bills of the Senate to wit:

A bill to prohibit unfair commercial discrimination between different sections, etc., and providing penalties therefor.

Also, a bill to provide for the imposing of penalties upon any common carrier who shall intentionally convert to its own use any commodity intrusted to it for transportation, and for other purposes.

The following resolutions were read and referred to the Committee on Rules, to wit:

FRIDAY, JULY 3. Igo8.

165

By Mr. Fraser-

A resolution to make House bill No. 723 the special order for July 9

By Messrs. Donalson and Boyd-

A resolution making House bill No. 863 the special order for July 8.

By Mr. Mundy-

A resolution to make House bill No. 888 the special .oraer for July 9
By unanimous consent the following bills were read the second time, to wit :

By Mr. McMullan-

A bill to create a system of public schools in the city of Hartwell.

By Mr. Shaw-

A bill to provide for the election of the Pensi'on Commissioner by the people.

By unanimous consent the following bills were read the first time, to wit :

By Mr. Mercer-

A bill to require the commissioners of -roads and revenues of Terrell county to work the chain-gang on the streets of the city of Dawson.

Referred to Counties and County Matters Committee.

166

JoURNAL OP TH:E HOUS:E,

By Mr. Mercer-

A bill to abolish the water and light commiSSIOn of the city of Dawson.

Referred to Counties and County Matters Committee.

By Mr. Harris of Crisp--
A bill to create a board of county commissioners for the county of Crisp.

Referred to Counties and County Matters Committee.

By Mr. White of Screven-

A resolution to provide for payment of expenses of committee to visit Academy for Blind.

Referred to the Appropriation Committee.

By Mr. Flanders-

A bill to create a system of public schools in the city of Wrightsville.

Referred to Committee on Educatio.n.

By Mr. Slade of Muscogee-

A bill to amettd.ln Act to create agricultural colleges in Georgia.

Referred to the General Judiciary Committee.

FRIDAY, JuLY 3, Igo8.

167

By Mr. Cook of Chattahoochee-

A bill to pay the tax-receiver of Chattahoochee county the same fees as the tax-collector is paid.

Referred to Counties and County Matters Committee.

By Mr. Wynne of PulaskiA bill to abolish the county court of Pulaski county. Referred to the Ge~e-ral Judiciary Committee.

By Mr. Donalson-

A bill to extend the time within which work shall be commenced on the Georgia, Southwestern & Gulf Railroad.

Referred to Special Judiciary Committee.

By Mr. Ward of Coffee-

A bill to repeal an Act to incorporate- the town of Bushnell.
Referred to Committee on Corporations.

By Mr. Geer-
A bill to provide that in prosecutions for vote selling
the State shall call as witness any person notwithstanding his connection with said Act.

Referred to Speci;;tl Judiciary Committee.
L

168

JOURNAL OF THE HOUSE,

By Mr. Wise-

A bill to require .life insurance companies to in.vest in Georgia securities.

Referred to Special Judiciary Committee.

By Mr. Brown of Oglethorpe-

A bill to erect a monument to Wm. H. Crawford.

Referred to the Appropriation Committee.

By Mr. McCarthy-
A bill to allow common carriers to grant passes to former employes.

Referred to Special Judiciary Committee.

By Mr. TownsendA bill to abolish the county court of Clinch County.

Referred to Special Judiciary Committee.

By Mr. Rountree-

A resolution to pay pension to Mrs. Lydia Ann Jones.

Referred to Committee' on Pensions.

By Mr. Shaw of Clay-

A resolution to make House bill No. 826 the special order for July 6.
Referred to Committee on Rules.

Upon the request of Mr. Slater, House bill No. 37 was taken from the table and placed on the Calendar.

FRIDAY, JULY 3, I9Q8.

.169

The Speaker appointed the following committee un-

der Mr. Edwards' resolution to investigate the Moore

charges, to wit: Messrs. Atkinson, Adams of Elbert,

and Johnson _of Jeff Davis.

By unanimous consent the following bills were read the second time, to wit:

By Mr. FullbrightA bill to incorporate the town of Vidette.

By Mr. FullbrightA bill to amend the charter of the town of Midv1lle.

Mr. Nowell, chairman of Committee on Corporations, submitted the following report :

Mr. Speaker:
Your Committee on Corporations have had under consideration the following bills of the House and direct me, as their chairman, to make the following report, to wit :

DO PASS.
An Act to incorporate the Town of Riverdale, in the county of Clayton.
An Act to incorporate the town of Leon, in Dodge county.

An Act to amend the charter of the town of Ochlochnee.

170

JouRNAL oF THE HousE,

An Act regulating the writing of life insurance.

An Act providing for the creation of a board of health for Athens, Ga.

An Act consolidating the present charter of Eatonton.

An Act to create and establish a new charter for the city of Eatonton.

An Act to amend an Act creating a new charter for the city of Douglas.

An Act to amend an Act incorporating the city of Vienna.

An Act to incorporate the town of Chalybeate Springe;.

An Act to incorporate the town of Gratis.

An Act to incorporate the town of Between.

DO PASS AS AMENDED.

An Act to create and incorporate the Haralson school district.
DO PASS BY SUBSTITUTE.

An Act to exempt police and firemen of cities, by the cities' request, from the general exclusion from free passes.
:.
Respectfully submitted.
HAL. G. NowELL, Chairman.
This July 3rd, 1go8.

FRIDAY~ JuLY 3, 1908.

171

Mr. McMahan, chairman of the Committee on University of Georgia, submitted the following report:

Mr. Speaker:

Your Committee on University of Goorgia and its branches has had under consideration House resolution No. I94, and instruct me, as their chairman, to report the same back with the recommendation that the same do pass.

July 2, I9Q8.

]. J. C. McMAHAN, Chairman.

By unanimous consent the following bill, which was set for a special order for yesterday but which was displaced by the order of business was read a third time and put upon its passage to wit:

By Mr. Foster of Cobb-
A bill to amend an Act to amend section I, article 7, paragraph I of the Constitution relative to the payment of Pensions.

Mr. Wise of Fayette moved that the above bill be postponed and set for a special and continuing order for next Wednesday immediately after confirmation of the ]ournal and to follow the special orders already set; which motion prevailed.

The call of the roll of counties was dispensed with, and the following bills were introduced and read the first time, to wit :

172

JouRNAL oF THE HousE,

By Mr. Smith of Campbell-

A bill to amend the charter of the town of Fairburn.

Referred to Committee on Corporations.

Upon request of Mr. Slade, House bill No. - was taken from the General Judiciary and re-referred to the Committee on Privileges and Elections.

By unanimous consent the following bills were read a second time, to wit:

By Mr. Trent-

A resolution to pay pension to Mrs. S. F. Crain for 1907
By Mr. Hines-

A bill to permit Confederate soldiers and their widows to filo proof of service with Pension Commissioner.

By Messrs. Brown and Watkins of Carroll-

A bill to define meaning of the word "poverty," as used in pension Iaws.

By Mr. Trent-

A resolution to pay pension due Peter Currans.

By Mr. Johnson of JasperA resolution to pay pension to Mrs. Louisa L. Hodge.

FRIDAY, }UI.Y 3, Igo8.

173

By Mr. Edwards of Habersham-

A bill to amend section 3667 of the Code.

By Mr. Whitley-
A bill prescribing who shall be considered as indigent pensiOners.

By Mr. Bond-
A resolution to pay pension toW. J. Stanford.

By Mr. HuieA biii to incorporate the town of Riverdale.

By Mr. GodleyA bill to incorporate the city of Kingsland.

By Mr. Harris of Crisp:-
A bill to amend an Act to incorporate the city of Cordele, so as to _grant certain powers to mayor and counctl.

By Mr. Harris of Crisp-

A bill to amend an Act to incorporate the city of Cordele so as to change date of opening registration books.

By Mr. Harris of Crisp-
A bill to amend an Act to incorporate the city of Cordele so as to authorize the issuing of bonds.

174

JOURNAL OF THE HOUSE,

By Mr. Williams of Dodge-

A bill to incorporate the town of Leon.

By Mr. Calbeck-

A bill to create a new charter for Fairmount.

By Mr. BarksdaleA bill to regulate the writing of life insuranl:e.

By Mr. Edwards of Habersham-
A bill to amend Constitution so as to authorize the increase of pensions after certain age.

By Mr. Stubbs of Thomas-
A bill to amend the charter of the town of Ochlochnee.

By Mr. Fraser-

A bill to amend section 982, volume 1 of the Code
so as to add town of Ludowici to list of State depos itories.

By Messrs. Nowell and Arnold-

A bill to incorporate the town of Williamsville. By Mr. Calbec~-

A bill to repeal an Act to create a charter for the town of Fairmount.

FRIDAY, JULY 3. 19<)8.

175

By Mr. B?rkhalter-

A bill to regulate the business of commiSSion mer~ -chant.

By Mr. Dean of FloydA bill to regulate the issuing of marriage licenses.

By unanimous consent the following bill was taken up and read the second time for the purpose of disa:.. greeing to the unfavorable report of the committee to wit:

By Mr. White of Madison-
A bill to provide for the .election of county school commissioners by the people.

On the motion to disagree to the report of the committee Mr. Jackson of Jones, 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 of Chatham, Atkinson, Barrett, Bell, Bond, Boyd, Candler, Clifton, Cooke of Thomas, Covington, Couch, Cowan,

Culbreth, Dunbar, Dykes, Ellison, Fraser, Fullbright, Godley, Guyton, Hamilton, Harris, Huff, Jones of Meriwether.

Keith, Kendrick, Lee, Lunsford, McCarthy, McMichael, Parker, Parrish, Stewart, Stubb!, Wynne,

176

JouRNAL oF TH~ Hous~.

Those voting in the negative were Messrs..,-

Adams of Elbert,

Glenn,

Alexander,

Goode,

Anderson of Bulloch, Hall,

Anderson of Cobb, Hill,

Arnold,

Hines,

Austin,

Holder,

Ballard,

Howard,

Barksdale,

Hubbard,

Bowen,

Huie,

Brown of Carroll, Hullender,

Brown of Oglethorpe, Jackson;

Buchannon,

Johnson of Towns,

Burkhalter,

Kendall,

Burwell,

Lively,

Calbeck,

MacFarland,

Callaway,

Mcintyre,

Chamlee,

McWilliams,

Crawford,

Mays,

Davis,

Mercer,

Davison,

Moore,

Dean,

Morris,

Edmondson,

Mundy,

Fagan,

Nix,

Flanders,

Persons,

Foster,

Peterson,

Frier,

Pope of Brooks,

Pope of Dade, Price of Bartow, Reid of Macon, ' Russell,
Shaw, Simmons, Slade, Slater, Smith of Campbell, Sumner, Taylor of Appling, Taylor of Sumter, Thorne, Thurman, Townsend, Tracy1 Tuggle, Walker of Milton, Walker of Wash'ton,. Ward, Watkins, White of Madison, Wilson, Wise, Wootten,

Those not voting were Messrs.-

Adams of Wilkinson, Cook of Telfair,

Adkins,

Crumbley,

Allen,

Daniel,

Ashley,

Dickey,

Atwater,

?Jonalson,

Barrow,

Dorminy,

Berry,

Duggan,

Blackburn,

Eaves,

Butt,

Edwards,

Cannon,

Estes,

Clark,

Flannigan,

Collum,

Fowler,

Cook of Chat'hoochee, Furr,

Geer, Gibson, Hardeman, Haywood, Heard,
Johnson of Jasper, Johnson of Jeff Davis,. Jones of Mitchell, Lumsden, Matthews, McMahan, McMullan, Martin,

FRIDAY, JULY 3, 19Q8.

177

Massengale, Maxwell, Nowell, Odum; Orr, PaYton, Perry, Powell, Price of Oconee, Reid of Putnam, Reid of Wilcox,

Rogers, Rountree, Ryals, Sheffield, Smith of Calhoun, Stephens, Strickland, Swilling, Terrell, Tift, Trent,

Tyson, Walker of Lowndes, Warnell, White of Screven, Whitley, Williams, Wright of Floyd, Wright of Richmond. Young, Mr. Speaker.

Ayes 35, nays 77~

-:

' ..

'

By unanimous consent the verification of the roll ca11 was dispensed with.

On the motion to disagree to the report of the committee the ayes were 35, nays 77; the motion to disagrw therefore prevailed.

Leave of absence was granted Messrs. Adams of El-
bert, Brown of Oglethorpe, Walker of Washington, Clifton of Toombs, Davis of Houston, Swilling of Franklin.

Mr. Dean moved that the House adjourn until 10 o'clock Monday morning, which motion prevailed. The Speaker then announced the House adjourned until Monday morning at 10 o'clock.
12 hj

1?8

JouRNAL oF THE Hous:e,

ATLANTA, GA.,
MoNDAY, July 6, 1908.

The House met pursuant to adjournment at ro 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 of Chatham, Adams of Elbert, Adams of Wilkinson, Adkins, Alexander, Allen, Anderson of Bulloch, Anderson of Cobb, Arnold, Ashley, Atkinson, Austin, Ballard, Barksdale, Barrett. Barrow, Bell, Berry, Blackburn, Bond, Bowen, Boyd, Brown of Carroll, Brown of Oglethorpe. Buchannon, Burkhalter, Burwell, Butt, Calbeck, Callaway,

Candler,

Fagan,

Cannon,

Flanders,

Chamlee,

Flannigan,

Clark,

Foster,

Clifton,

Fowler,

Collum,

Fraser,

Cook of Chat'hoochee, Frier,

Cookof Telfair,

Fullbright,

Cooke of Thomas, Furr,

Covington,

Geer,

Couch,

Gibson,

Cowan,

Glenn,

Crawforrl,

Godley,

Crumbley,

Goode,

Culbreth,

Guyton,

Daniel,

Hall,

Davis,

Hamilton,

Davison,

Hardeman,

Dean,

Harris,

Dickey,

Haywood,

Donalson,

Heard,

Dorminy,

Hill,

Dunbar,

Hines,

Duggan,

Holder,

Dykes,

Howard,

Eaves,

Hubbard,

Edmondson,

Huff,

Edwards,

Huie,

Ellison,

Hullender,

Estes,

Jackson,

MoNDAY, JuLY 6, 1908.

119

Johnson of Jasper, Orr,

Johnson of Jeff Davis, Parker,

Johnson of Towns, Parrish,

Jones of Meriwether, Payton,

Jones of Mitchell, Perry,

Keith,

Persons,

Kendall,

Peterson,

Kendrick,

Pope of Brooks,

Lee,

Pope of Dade,

Lively,

Powell,

Lumsden,

Price of Bartow,

Lunsford,

Price of Oconee,

Matthews,

Reid of Macon,

MacFarland,

Reid of Putnam,

McCarthy,

Reid of Wilcox,

Mcintyre,

Ro~ers,

McMahan,

Rountree,

McMichael,

Russell,

McMullan,

Ryals,

McWilliams,

Shaw,

Martin,

Sheffield,

Massengale,

Simmons,

Maxwell,

Slade,

Mays,

Slater,

Mercer,

Smith of Calhoun,

Moore,

Smith of Campbell,

Morris,

Stephens,

Mundy,

Stewart,

Nix,.

Strickland,

Nowell,

Stubbs,

Odum.

Sumner,

Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, \Villiams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young, Mr. Speaker.

Those absent were Messrs.-
.Atwater,

By unanimous consent the reading of the Journal of Friday's proceedings was dispensed with.

By unanimous consent the following bills were read he third time and put upon their passage, to wit:

180

JouRNAL oF THt Houst,

By Mr. Wright of Richmond-.
A bill to provide for collection of past due taxes due the State, counties and municipalities, etc.
The committee proposed to amend by striking word "now" wherever it occurs in line IO of paragraph 4, and line 7 of paragraph 5 of the bill, and insert the words "and fails," in line 2, paragraph 2; and in line 2 of paragraph 4 of the bill.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill the ayes were 95, nays o.

The bill having received the requisite constitutional majority was passed as amended.

By Mr. Wright of Richmond-
A bill to provide for the rejection assessment and arbitration in the case of tax returns by railroad companies for county and municipal purposes.

The committee proposed to amend by striking the words "is now" in line 6, section I, and by adding the words "and school" after word "municipal" in line 4, section I, and by adding in caption of bill after the word "municipal" the words "and school."

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 102, nays, o.

MONDAY, Ju~y 6, 1908. -

181

The bill having received the requisite constitutional majority was passed as amended.

Mr. Hall of Bibb moved that in view of the great importance of measures to be considered and the time to be consumed on to-morrow that the House meet at 9 oclock a.m., which motion prevailed.

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. Mays-

A bill to create a new charter for the city of Jackson.

Referred to Committee on Corporations.

By Mr. Slaton-

A bill to regulate the practice and procedure in reference to motions for new trials, etc.

Referred to Special Judiciary Committee.

By Mr. Whitley-

A bill to prescribe the age of road or street duty in this State.

Referred to Counties and County Matters Committee.

By Mr. Slaton-

A bill to require the trial judge to specify the grounds upon which a new trial is granted, and for other purposes.

Referred to General Judiciary Committee.

182

JoURNAL OF THE HousE,

By Mr. Slaton-

A bill to amend section 5585 of the Code of 1895.

Referred to General Judiciary Committee.

By Messrs. Brown and Watkins of Carroll-

A bill to create the office of Commissioner of Roads and Revenues for the county of Carroll.

Referred to Committee on Corporations.

By Mr. Hardeman-

A bill to amend section 2502, volume 3, of the Code, with reference as to how parental power over a minor may be lost, etc.

Referred to General Judiciary Committee.

By Mr. Berry-

A bill to. incorporate the town of Blairsville.

Referred to Counties and County Matters Committee.

By Mr. Parrish of Berrien-

A bill to amend section 2321 of the Civil Code relative to running of cars, etc.

Referred to Committee on Railroads.

The following resolution was read and unanimously adopted, to wit :

By Mr. Boyd of Spalding-

A resolution tendering the sympathy of the Hoose to

MONDAY, }UI.Y 6, Igo8.

18~

the bereaved family of that eminent author, Joel Chandler Harris, deceased.

Mr. Wright of Richmond, chairman of Committee on General Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary have had under consideration the following Senate bill, and instructed me as their chairman to report same back to the House with the recommendation that same do pass, to wit:

A bill to amend section 342, Code 1895, by adding certain words.

Respectfully submitted,

BOYKIN WRIGHT,
Chairman.

Mr. Massengale chairman of the Committee on Game and Fish submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish having under consideration House bill No. 261, recommend that same do pass by substitute.
Respectfully submitted,
L. R. MASSENGALE,
Chairman.

184

JOURNAL OF THE HousE,

The following bills were read the third time for the purpose of putting them upon their passage, to wit:

By Mr. llines of Baldwin-
A bill permitting Con1ederate soldiers and their widows to file proof of service with the Pension Commissioner.
On motion of Mr. Alexander the above bill was tabled.

The following bills were taken up in their regular order _and put upon their passage, to wit:

By Messrs. Slater and Dykes-

A bill to prescribe the duty of electric telegraph companies in receiving and transmitting messages, etc.

Mr. Wright of Richmond called for the previous question on the bill and pending amendments, which call was sustained and the main question ordered.
Mr. Nix of Gwinnett proposeq to amend by inserting between the words "of" and "fifty" in line 7 the words "not exceeding" ; also

To amend by inserting between the words "dollars" and "which" in line 7 the words "as the jury in t:teir discretion may fix."

No quorum having voted on the above amendments, the Speaker directed that the roll be called, which re. suited as follows:

MoNDAY, JuLY 6, 1908.

185

Those voting in the affirmative were Messrs. -

Adams of Chatham, Adkins, Alexander, Arnold, Atkinson, Austin, Barksdale, Barrow, Bell; Blackburn, Dunbar, Flanders, Fowler, Frier,

Fullbright, Goode, Hall, Heard, Holder, Hubbard, Huff, Hullender, Jackson, Jom~s of Meriwether. Keith, Lee, Lively, MacFarland,

McCarthy, Mcintyre, McMahan, Maxwell,
Nix, Nowell, Parker, Parrish, Peterson, Ryals, Thorne, Thurman, Tift, Tyson,

Those voting in the negative were Messrs.-

Anderson of Cobb, Ellison,

Price of Oconee,

Ballard,

Estes,

Reid of Putnam,

Barrett.

Flannigan,

Rogers,

Bond,

Foster,

Rountree,

Bowen,

Fraser,

Shaw,

Boyd,

Furr,

Slade,

Brown of Carroll, Glenn,

Smith of Calhoun,

Burkhalter,

Godley,

Smith of Campbell,

Burwell,

Hamilton,

Stewart,

Butt,

Hardeman,

Stubbs,

Callaway,

Harris,

Sumner,

Candler,

Huie,

Swilling,

Cannon,

Johnson of Jeff Davis, Taylor of Appling,

Chamlee,

Johnson of Towns, Terrell,

Collum,

Kendrick,

Tracy,

Cook of Chat'hoochee, Lunsford,

Walker of Milton,

Cook of Telfair,

Me Williams,

Ward,

Cooke of Thomas, Martin,

Watkins,

Covington,

Massengale,

White of Madison,

Couch,

Mays,

Whitley,

Cowan,

Moore,

Wilson,

Crawford.

Morris,

Wootten,

Davison,

Orr,

Wright of Floyd,

Dean,

Payton,

Wright of Richmonc:'.,

Dykes,

Perry,

Wyn~e,

Eaves,

Pope of Brooks,

Young,

Edwards,

Pope of Dade,

186

JOURNAL OF THE HOUSE,

Those not voting were Messrs.-

Adams of Elbert, Adams of Wilkinson. Allen, Anderson of Bulloch, Ashley, Atwater, Berry, Brown of Oglethorpe. Buchannon, Calbeck, Clark, Clifton, Crumbley, Culbreth, Daniel, Davis, Dickey, Donalson, Dorminy, Duggan, Edmondson,

Fagan, Geer, Gibson, Guyton, Haywood, Hill, Hines, Howard, Johnson of Jasper, Jones of Mitchell, Kendall, Lumsden, Matthews, McMichael, McMullan, Mercer, Mundy, Odum, Persons, Powell,

Price of Bartow, Reid of Macon, Reid of Wilcox, Russell, Sheffield, Simmons, Slater, Stephens, Strickland, Taylor of Sumter, Townsend, Trent, Tuggle, \Valker of Lowndes, Walker of Wash'ton, Warnell, White of Screven, Williams, Wise, Mr. Speaker.

Ayes 42, nays 8o.
By unanimous consent the verification of the roll cail was dispensed with.
Upon counting the votes cast it was found that the ayes were 42, nays So; the amendment was therefore lost.

It having been disclosed that a quorum was present by the call of the roll, the House proceeded to vote on the following remaining amendments, to wit :

By Mr. Chamlee"Provided that nothing herein contained shall be con-

MoNDAY, JuLY 6; 1go8.

187

strued to apply to any telegraph offices m cities or towns of 100 or less inhabitants."
The above amendment was lost.

By Mr. Boyd of Spalding-
Proposes to amend by striking "$so" wherever it occurs in the bill and insert the word "$25."
The above amendment was adopted.

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

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 m the affirmative were Messrs..-

Adams of Chatham, Adkins, Anderson of Cobb, Arnold, Atkinson, Austin, Ballard, Barksdale, Barrow, Berry, Blackbum, Bond, Bowen, Boyd, Brown of Carroll, Buchannon, Burkhalter, Burwell, Callaway, Can:non,

Chamlee,

Glenn,

Collum,

Godley,

Cook of Chat'hoochee, Goode,

Cooke of Thomas, Guyton,

Covington,

Hall,

Cowan,

Hamilton,

Crawford,

Hardeman,

Dean,

Heard,

Dorminy,

Holder,

Dykes,

Howard,

Edwards,

Hubbard,

Ellison,

Huie,

Estes,

Hullender,.

Fagan,

Jackson,

Flanders,

Johnson of Jeff Davis,

Foster,

Kendrick,

Fowler,

Lee,

Frier,

Lively,

Furr,

Lunsford,

Geer,

MacFarland,

188

JOURNAL OF THE HOUSE,

McWilliams, Massengale, Maxwell, Mays, Mercer, Moore, Morris, Nix, Parker, Payton, Perry, Pope of Brooks, Price of Bartow, Reid of Putnam,

Rogers, Rountree, Ryals, Shaw, . Slade, Smith of Calhoun, Smith of Campbell, Stewart, Stubbs, Sumner, Swilling, Taylor of Appling, Terrell, Thorne,

Tift, Tracy, Tyson, Walkerof Milton, Ward, Watkins, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wynne,
Young,

Those voting in the negative were Messrs.-

Alexander, Barrett, Bell, Butt, Calbeck, Candler, Cook of Telfair, Davison, Dunbar,

Eaves, Flannigan, Fraser, Fullbright, Harris, Huff, Jones of Meriwether Keith, Mcintyre,

McMahan, Martin, Nowell, Parrish, Peterson, Pope of Dade, Powell, Thurman, Wright of Richmond,

Those not voting were Messrs.-

Adams of Elbert, 'Duggan,

Adams of Wilkinson, Edmondson,

Allen,

Gibson,

Anderson of Bulloch, Haywood,

Ashley,

Hill,

Atwater,

Hines,

Brown of Oglethorpe. Johnson of Jasper,

Clark,

Johnson of Towns,

Clifton,

Jones of Mitchell.

Couch,

Kendall,

Crumbley,

Lumsden,

Culbreth,

Matthews,

Daniel,

McCarthy,

Davis,

McMichael,

Dickey,

McMullan,

Donalson,

Mundy,

Odum, Orr, Persons, Price of Oconee, Reid of Macon, Reid of Wilcox, Russell, Sheffield, Simmons, Slater, Stephens, Strickland, Taylor of Sumter, Townsend, Trent, Tuggle,

MoNDAY, JuLY 6, 15)08~

189

Walker of Lowndes, Warnell,

White of Screven,

Walker of Wash'ton, White of Madison, Mr. Speaker.

Ayes 102, 'nays 27.

The roll call was verified, and on counting the votes it was found that the ayes were 102, nays 27.

Therefore the bill having received the constitutional majority was passed as amended.

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

By Mr. Shaw of Clay-

A resolution to make House bill No. 826 a special order for next Friday immediately after confirmation of Journal.

By unanimous consent the following bills were introduced and read the first time, to wit :

By Mr. Smith of Campbell
A bill to amend section I IS, volume 1, of the Code, relative to primaries.

Referred to General Judiciary Committee.

By Mr. Smith of Campbell-

A bill relating to the liability of common carriers by railroads to their employees in certain cases.

Referred to General Judiciary Committee.

The following resignation of Mr. Shaw of Clay as

HIO

JoURNAL OF THE HousE,

chairman of the Enrollment Committee was read and accepted, to wit :
ATLANTA, GA., July 6, 1908.

Hon. John M. Slaton, Speaker of the House:
DEAR SIR: On account of my general physical condition and for other reasons, I beg to herewith hand you my resignation.
Respectfully submitted,
EMMETT R. SHAW, Chairman Enrollment Committee.

The Speaker announced the following committee assignment, vice Mr. Shaw, chairman of the Enrollment Committee, resigned :
Messrs. Parker chairman ; Stubbs vice chairman ; also Huie of Clayton, and Bowen of Tift, to fill vacancies.
On motion of Mr. Brown of Carroll, House bill No.
46 was tabled.
On motion of Mr. Dunbar Senate bill No. 10 was taken from the table and placed on the calendar.
By unanimous coment the following bills were read the first time, to wit :
By Mr. Parker of Talbot-
A bill to incorporate the town of Vvoodland.
Referred to CountieS and County Matters Committee.

MoNDAY, juLY 6, 1908.

191

By Mr. Guyton-
A bill to amend section 982, volume 1, so as to make Guyton a State depository.

Referred to Committee on Banks and Banking.

The following message was received from the Senate through Mr. Northen, Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following House bill, to wit:

A bill to provide for confirming and validating all bonds issued by counties or municipalities since the Constitution of 1877, and for other purposes.

By unanimous consent House bill No. 21 and resolution No. 86 were tabled.

By unanimous consent the following bills were read the second time, to wit :

By Mr.. Reid of Putnam-
A bill to repeal an Act constituting present charter of the city of Eatonton.

By Mr. Reid of PutnamA bill to create a: new charter for the city of Eatonton. Bills for a third reading were resumed, to wit :

192

JouRNAL ott THP: HousP:,

By Mr. Way of P\llaski-
A resolution directing that certain moneys be paid to Carroll Daniel.

An appropriation being involved the Speaker resolved the House into a committee of the whole and designated as chairman Mr. Edwards of Habersham.

After considering the resolution the committee arose, and through their chairman reported the same back with the recommendation that the same do pass as amended.

The committee proposed to amend by striking the last line and substituting the words "to be paid from the fund arising from the hire of convicts."

The report of the committee as amended was adopted.

The Speaker expressed a doubt as to whether an appropriation was involved after the adoption of the amendment, but directed a call of the roll to be sure which was. as follows:

Those voting in the affirmative were Messrs.-

Adams of Chatham, AClkins, Alexander, Arnold, Atkinson, Austin, Barksdale, Barrett, Barrow, Berry, Blackburn, Bond, Bowen,

'Boyd,

Cooke of Thomas,

Brown of Carroll, Couch,

Buchannon,

Cowan,

Burkhalter,

Crawford.

Burwell,

Davison,

Butt,

Dean,

Cal beck,

Dykes,

Candler,

Eaves,

Cannon,

. Edwards,

Chamlee,

Ellison,

Collum,

Estes,

Cook of Chat'hoochee, Fagan,

Cook of Telfair,

Flanders,

MoNDAY, JuLY 6, 1908.

193

Flannigan,

Keith,

Foster,

Kendall,

Fowler,

Kendrick,

Frier,

Lee,

Fullbright,

MacFarland,

Furr,

McCarthy,

Glenn,

Mcintyre,

Godley,

McMahan,

Goode,

McWilliam~,

Guyton,

Martin,

Hamilton,

Massengale,

Hardeman,

Maxwell,

Harris,

Mercer,

Heard,

Moore,

Hines,

Nix,

Holder,

Orr,

Howard,

Parker,

Hubbard,

Parrish,

Huff,

Perry,

Huie,

Peterson,

Hullender,

Pope of Brooks,

Jackson,

Pope of Dade,

Johnson of Jeff Davis, Powell,

Johnson of Towns, Price of Bartow,

Jones of Meriwttther.

Reid of Putnam,

Rogers,

Rountree,

Ryals,

Shaw,

Slade,

Smith of Campbell,

Stewart,

Stubbs,

Sumner,

Swilling,

'I. I

Taylor of Appling,

Terrell,

Thurman,

Tracy,

Tyson,

Ward,

Watkins,

Wilson,

Wootten,

Wright of Floyd,

Wright of Richmond.

Wynne,

Young,

Those voting in the negative were Messrs.-
Geer,

Those not voting were Messrs.-

Adams of Elbert, Adams of Wilkinson, Allen, Anderson of Bulloch, Anderson of Cobb, Ashley, Atwater, Ballard, Bell, Brown of Oglethorpe. Callaway, Clark,

Clifton, Covington,
~rumbley,
Culbreth, Daniel, D:;tvis, Dickey, Donalson, Dorminy, Dunbar, Duggan, Edmondson,

18 hj

Fraser, Gibson, Hall, Haywood, Hill, Johnson of Jasper, Jones of Mitchell, Lively, Lumsden, Lunsford, Matthews, McMichael,

194

JOURNAL OF THE HoUSE,

McMullan, Mays, Morris, Mundy, Nowell, Odum, Payton, Persons, Price of Oconee, Reid of Macon, Reid of Wilcox, Russell,

Sheffield, Simmons, Slater, Smith of Call:oun, Stephens, Strickland, Taylor of Sumter, Thorne, Tift, Townsend, Trent,

Tuggle, Walker of Lowrr.:li>s,. \Valker of Milton,. Walker of Wash'ton,. Warnell, White of Madison,. \Vhite of Scre-ven,. Whitley, Williams, Wise, Mr. Speaker.

Ayes I I 2, nay5 J.

By unanimous consent the verification of the roll call was dispensed with.

On the passage of the resolution the ayes were 112, nays 1.

The resolution having received the requisite constitutional majority, was passed as amended.

On the motion of Mr. Hines House bill No. 9 was taken from the table and placed on the Calendar.

Lea\e of absence was granted :Messrs. Barrow and Blackburn.

On motion of Mr. Swilling the Speaker announced the House adjourned until 9 o'clock to-morrow morning.

TuESDAY, JuLY 7, 1908.

195

ATLANTA, GA.,
Tuesday July 7, 1908.

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 of Chatham, Candler,

Fagan,

.Adams of Elbert,

Cannon,

Flanders,

Adams of Wilkin~on. Chamlee,

Flannigan,

Adkins,

Clark,

Foster,

.Alexander,

Clifton,

Fowler,

Allen,

Collum,

Fraser,

Anderson of Bulloch, Cook of Chat'hoochee, Frier,

Anderson of Cobb, Cook of Telfair,

Fullbright,

Arnold,

Cooke of Thomas, Furr,

Ashley,

Covington,

Geer,

Atkinson,

Couch,

Gibson,

Austin,

Cowan,

Glenn,

Ballard,

Crawford,

Godley,

Barksdale,

Crnmbley,

Goode,

Barrett,

Culbreth,

Guyton,

Barrow,

Daniel,

Hall,

Bell,

Davis,

Hamilton,

Berry,

Davison,

Hardeman,

Blackburn,

Dean,

Harris,

Bond,

Dickey,

HayWo0rl.

Bowen,

Donalson,

Heard,

Boyd,

Dorminy,

Hill,

Brown of Carroll,

Dunbar,

Hines,

Brown of Oglethorpe. Dugg<><~,

Holder,

Buchannon,

Dykes,

Howard,

Burkhalter,

Eaves,

Hubbard,

Burwell,

Edmondson,

Huff,

-Butt,

Edwards,

Huie,

Cal beck,

Ellison,

Hullender,

.Callaway,

Estes,

Jackson,

196

JoURNAL OF THE HoUSE,

Johnson of Jasper, Orr,

Johnson of Jeff Davis, Parker,

Johnson of Towns, Parrish,

Jones of Meriwether, Payton,

Jones of Mitchell,

Perry,

Keith,

Persons,

Kendall,

Peterson,

Kendrick,

Pope of Brooks,

Lee,

Pope of Dade,

Lively,

Powell,

Lumsden,

Price of Bartow,

Lunsford,

Price of Oconee,

Matthews,

Reid of Macon,

MacFarland,

Reid of Putnam,

McCarthy,

Reid of Wilcox,

Mcintyre,

Rogers,

McMahan,

Rountree,

McMichael,

Russell,

McMullan,

Ryals,

McWilliams,

Shaw,

Martin,

Sheffield,

Massengale,

Simmons,

Maxwell,

Slade,

Mays,

Slater,

Mercer,

Smith oi Calhoun,

Moore,

Smith of Campbell,

Morris,

Stephens,

Mundy,

Stewart,

Nbc,

Strickland,

Nowell,

Stubbs,

Odum.

Sumner,

Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond. Wynne, Young, Mr. Speaker.

Those absent were Messrs.-
Atwater,

Mr. Barrett of Stephens gave notice that at the propertime he would move 'to reconsider the action of the House in passing on yesterday House bill No. 37, which is a bill prescribing penalty for non-delivery of messages by telegraph companies.

By unanimous consent the following resolution was. read the first time, to wit:

Tm:s:DAY, JuLY 7, 1908.

197

By Messrs. Hamilton and Kendrick-

A resolution to pay pension to Mrs. R. A. Lynn of Columbia county.
Referred to Committ~e on Pensions.

By unanimous consent the following bills were rearl the third time and put upon their passage, to wit:

By Mr. Harris of Crisp-
A bill to amend an Act to incorporate the city of Cordele relative to construction of streets, sidewalks, etc.

The report of the committee which was favorable t l the pass~ge of the bill was agreed to.

On the passage of the bill the ayes were 120, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Harris of Crisp-
A btll to amend an Act to incorporate the city of Cordele so as to change date of opening the registration books, etc.

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 122, nays o.

The bill having received the requisite constitutioml majority was passed.

198

JouRNAL OF' THE Hous:e,

By Mr. Harris of Crisp-
A bill to amend an Act to incorporate the city of Cordele so as to authorize the issuing of bonds.

The report of the committee, which was favorable to tl1e passage of the bill, wals agreed to.

On the passage of the bill the ayes were I24, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. McMillan of Hart-
A bill to create a system of public schools m the city of Hartwell.

The committee proposed the following amendments, which were adopted.
T~ amend caption by stnking from line 7 "secretary and treasurer," and insert ."board of education."
To amend caption by striking from line I I the word "officer," and insert word "board."
To amend section 3 by adding after word "secretary" in line 5 the words "and treasurer."
To amend section 3 by adding after the word "quorum," in line I I, the following: "And no member of said board of education shall be eligible to serve as secretary and treasurer of said board of education and that compensation to be paid to said secretary and treasurer . shall be fixed by the board ot education of said city."

Tu~AY, JuLY 7, 1908.

199

To amend section 5 by adding after word "board" in line 5 the words "of education."

To amend section 6 by striking word "alderman," 111 line IS, and insert the word "education."

. To amend section 7 by striking the word "aldermen,'' in line I I, and insert word "education."

To amend section 7 by striking the word "alderme11," in line I7, and insert word "education."

To amend section 9 by striking the word "aldermen, in line I4, and insert the word "education.".

To amend section 9 by striking the word "aldermen,., in line I8, and insert word "education."

To amend section I I by striking from line 3 the word "collected."

To amend section I I by striking the word "aldermen," in line 4, and insert the word "education."

To amend section I I by striking the word "aldermen,'' in line 5, and insert the word "educati"on."

To amend section I I by striking the word "aldermen,'' in line 6, and insert the word "education."

To amend section I 2 by striking the word "alder men ," in line 7 and insert the word "education."

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

On the passage of the bill the ayes were I30, nays o.

200

JOURNAL OF THE HousE,

The bill having received the requisite constitutional majority was passed as amended.

By unanimous consent the reading of the Journal of yesterday's proceedings \vas dispensed with.

The following bill, which was made the special order for this morning's session, was read the third time an1l put upon its passage, to wit:

By Mr. Alexander of DeKalb--
A bi!l to provide for the extension of the Western and Atlantic Railroad to some point on the sea coast, and for other purposes.

On motion of Mr. Hall of Bibb, by unanimous consent House bill No. 90 was tabled.

By unanimous consent the hour of adjournment fo:this morning's session was fixed for I o'clock p.m.

An appropriation being involved in the above bill for the extension of the \V. & A. Railroad, the Speaker resolved the House into a committee of rhe whole ami designated as chairman Mr. Wise of Fayette.
After a consideration of the bill the comrnittee arose and through its chairman reported progress and asked leave to sit again.
Mr. Foster, chairman on the part of the House of the joint committee to arrange transportation for such of the members who wish to visit Manetta to attend the unveiling of rhe Confederate monument, submitted the following report:

TuESDAY, JuLY 7, 1908.

201

Mr. Speaker:

The joint committee of the Senate and House- of Representatives to arrange for transportation of the members of the General Assembly from Atlanta to Marietta on July 7, 1908, to attend the unveiling of the Confederate monument at Marietta report:

Arrangements have been niade for all those \Yho desire to attend sa1d exercises to go to Marietta either by trolley cars or by train over the \V. & A. Railroad. The trolley cars will leave at corner \tValton and Fairlie streets :at 3 p.m. TheW. & A. train will_ leave old depot at 3:15 p.m. The fare on either road will be 50 cents for the round trip.
J. D. ANDERSON,
\V. c. STEWART,
]. Z. FosTER, Hou.se Committee.

E. P. DOBBS,
J. \V. TAYLOR, Senate Committee.

On motion of Mr. Hall of Bibb the House agreed that w!JCil the House adjourn it adjourn to meet again at 9 /dock tomvtTOW :roming.
The following resolution was read and unanimously adopted, to wit:
By Mr. Butt of Fannin-
A resolution extending the sympathy of the House to Hon. R. M. Hardeman in the death of his brother.

202

JouRNAL OF THE HOUSE,

By Mr. Tuggle of Troup--

A resolution to make bills to amend the Constitution the special order for Tuesday, July 14th.

Referred to Committee on Rules.

Leave of absence was granted Mr. Dickey of Crawford.

The Speaker announced the House adjourned until 9' o'clock to morrow morning.

ATLANTA, GA.,
\Vednesday, July 8, 1908.

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 hy the Chaplain.

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

Adams of Chatham, Austin,

Adams of Elbert,

Ballard,

Adams of Wilkinson, Barksdale,

Adkins,

Barrett,

Alexander,

Barrow,

Allen,

Bell,

Anderson of Bulloch, Berry,

Anderson of Cobb, Blackburn,

Arnold,

Bond,

Ashley,

Bowen,

Atkinson,

Boyd,

Brown of Carroll, Brown of Oglethorpe. Buchartnon, Burkhalter, Burwell, Butt, Cal beck, Callaway, Candler, Cannon, Chamlee,

WEDNESDAY, }VLY 8, 1908.

203

Clark,

Harris,

Parrish,

Clifton,

Haywood,

Payton,

Collum,

Heard,

Perry,

Cook of Chat'hoochee, Hill,

Persons,

Cook of Telfair,

Hines,

Peterson,

Cooke of Thomas, Holder,

Pope of Brooks,

Covington,

Howard,

Pope of Dade,

Couch,

Hubbard,

Powell,

Cowan,

Huff,

Price of Bartow,

Crawford,

Huie,

Price of Oconee,

Crumbley,

Hullender,

Reid of Macon,

Culbreth,

Jackson,

Reid of Putnam,

Daniel,

Johnson of Jasper, Reid of Wilcox,

Davis,

Johnson of Jeff Davis, Rogers,

Davison,

Johnson of Towns, Rountree,

Dean,

Jones of Meriwether, Russell,

Dickey,

Jones of Mitchell,

Ryals,

Donalson,

Keith,

_Shaw,

'Jorminy,

Kendall,

Sheffield,

Dunbar,

Kendrick,

Simmons,

Duggan,

Lee,

Slade,

Dykes,

Lively,

Slater,

Eaves,

Lumsden,

Smith of Calhoun,

Edmondson,

Lunsford,

Smith of Campbell,

Edwards,

Matthews,

Stephens,

Ellison,

MacFarland,

Stewart,

Estes,

McCarthy,

Strickland,

Fagan,

Mcintyre,

Stubbs,

Flanders,

McMahan,

Sumner,

Flannigan,

McMichael,

Swilling,

Foster,

McMullan,

Taylor of Appling,

Fowler,

McWilliams,

Taylor of Sumter,

Fraser,

Martin,

Terrell,

Frier,

Massengale,

Thorne,

Fullbright,

Maxwell,

Thurman,

Furr,

Mays,

Tift,

Geer,

Mercer,

Townsend,

Gibson,

Moore,

Tracy,

Glenn,

Morris,

Trent,

Godley,

Mundy,

Tuggle,

Goode, .

Nix,

Tyson,

Guyton,

Nowell,

\Valker of Lowndes,

Hall,

Odum,

Walker of Milton,

Hamilton,

Orr,

Walker of Wash'ton,

Hardeman,

Parker,

Ward,

204

JOURNAL OF THE HOUSE,

Warnell, Watkins, White of Madison, White of Screven, Whitley,

Williams, Wilson, Wise, Wootten, Wright of Floyd,

Wright Jf Richmond, Wynne, . Young, Mr. Speaker.

Those absent were Messrs.-
Atwater,

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
By unanimous consent the following bills were reacl the first time, to wit:
By Mr. Pope of Dade-
A resolution for the relief of ]. R. Brock, T. F. Smith, Geo. W. Cureton and D. E. Tatum of Dade county, a:1 sureties on the bond of J no. M. Castleberry.
Referred to Counties and County Matters Committee.

By Mr. Wynne of Pulaski-
A bill to amend section 40r of Penal Code of I895
Referred to General ]udiciary Committee.

By Mr. Terrell of Grady-

A bill to amend a11 Act prescribing qualifications for school districts trustees.

Referred to Committee on Education.

By Mr. Couch of CowetaA bill to amend section 982, volume 1, of the Code

WEDNESDAY, JULY 8, 19QS.

205

so as to add the city of Senoia to Iisf of State depositories.

Referred to Committee on Banks and Banking.

By Mr. Trent of Heard-

A bill to amend an Act to prohibit manufacture, sale, etc., of intoxicants.

Referred to Committee on Temperance.

By Mr. Reid of Wilcox-

A bill to amend an Act to incorporate the city of Abbeville.

Referred to Counties and County Matters Committee.

By Mr. Boyd of Spalding-

A bill to amend the charter of the city of Griffin.

Referred to Committe~ on Corporations.

By Mr. Jones of Mitchell-

A resolution to pay pension due Mrs. Queen Shiver.

Referred to Committee on Pensions.

By .Mr. Trent of Heard-

A bill to repeal an Act creating a new charter for the town of Franklin.

Referred to Committee on Corporations.

206

JoURNAL OF THE HOUSE,

By Mr. Peterson of Montgomery-

A bill to create a new charter for the town of Glenwood.
Referred to Special Judiciary Committee.

By Mr. Terrell of Grady-
A bill to provide for holding four terms a year of the Superior Court of Grady county.

Referred to Special Judiciary Committee.

By Mr. Payton of Worth-

A bill to amend section 4046, Yolume 2, of the Code. Referred to General Judiciary Committee.

By Mr. Cook of TelfairA bill to repeal section 1781 of the Civil Code. Referred to General Judiciary Committee.

By :Mr. Buchanmon of Early-
A bill to provide for an examination into the affairs of the dispensary of Blakely, Ga.

Referred to Counties and County Matters Committee.

By Mr. Blackburn of Fulton-

A resolution for the relief of Mrs. E. W. Hightower.
Referred to Committee on Pensions.

WEDNESDAY, JULY 8, 15)08.

207

By Messrs. Morris, Tyson, McMichael, et aL-
A bill to provide that the State School Commissioner shall be ex-officio secretary of the State Board of Edu-cation.

Referred to Committee on Education.

By Mr. Blackburn of Fulton -

A bill to authorize the judges of the superior courts <>f this State to appoint two special bailiffs in certain counties.

Referred to Special Judiciary Committee.

By Mr. Wynne of PulaskiA bill to amend section 174 of the Penal Code.

Referred to General Judiciary Committee.

By Mr. Johnson of Jasper-

A bill to amend an Act creating the city court of Monticello.

Referred to Special Judiciary Committee.

By Mr. Massengale of \:Varren~

A bill to incorporate the city of Warrenton.

Referred to Committee on Corporations.

By Mr. Nowell of Walton-

A bill to provide for the incorporation of Mutual Aid,

208

JOURNAL OF THE HOUS!t,

Benefit and Industrial Life Insurance Companies, and for other purposes.
Referred to Committee on Corporations.

By Mr. Massengale of vVarrenA bill to create the city court of Warrenton. Referred to Committee on Corporations.

By unanimous consent the following bill was read the second time and recommitted, to wit:

By Mr. Mercer of Terrell-
A bill to establish the Dawson Water and Light Commission.

Mr. Mercer was allowed to withdraw House bill No.
920.

The following resolution was read and adopted, to wit:

By Mr. Candler-
A resolution providing that until otherwise ordered the House shall meet at 9 o'clock a.m. and adjourn at I p.m.

Mr. Foster of Cobb, chairman of the Committee on Pensions, submitted the following report :

Mr. Speaker:
The Committee on Pensions have had under consideration House resolution No. 173 to pay pension of Mr.

WEDNESDAY, Ju:r,y 8, rgo8.

209

E. A. Coker to Amos Johnson, and recommend that the

same do pass.



J. Z. Fos'tR,
Chairman.

By unanimous consent the following bills were read the second time, to wit:

By Messrs. Heard and Adkins-
A bill to amend an Act to incorporate the town of Vienna.

By Mr. Ryals-
A bill to authorize the Governor to appoint a third depository in the city of Atlanta.

By Messrs. Heard and Adkins-

A bill to amend an Act to create a board of commissioners of roads and revenues for the county of Dooly.

By Mr. McMahan of Clarke-

A bill providing for the creation of a board of health for the city of Athens.

By Mr. Butt of Fannin-

A bill to amend the several Acts to incorporate the city of Blue Ridge.

On motion of Mr. Heard of Dooly House resolution No. 86 was taken from the table and placed on the Calendar.
14 hj

I
.,. ....,

JouRNAL oF THE HousE,
By unanimous consent, the following bills were read the third time and put upon their passage, to wit:
By Mr. Reid of Putnam -
A bill to repeal an Act creating the charter of the city of Eatonton.
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 130, nays o.
The bill having received the requisite constitutional majority, was passed.
By Mr. Reid of Putnam-
A bill to create and establish a new charter for the city of Eatonton.
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 131, nays o. ~/
The bill having received the requisite constitutional majority, was passed.
At 9:30 o'clock Mr. Massengale introduced to the House Hon. J. H. Wallace, Jr., Game and Fish Commissioner of Alabama, who was previously invited by resolution to address the House at this hour on the importance of game and fish protection.
After Mr. vVallace's address the following- resolutions were read and unanimously aclopterl, to wit:

WF.nNESDAY, JuLY 8, 1908.

211

By Mr. Massengale of Warren-

A resolution conveying the appreciation of the House to Hon. J. H. Wallace, Jr., for his masterly and eloquent address on game and fish protection.

By Mr. Whitley of Douglas-
A resolution tendering the hall of the House to Dr. Clark, Dr. Oertel, Dr. vVestmoreland, Dt_. Hardman, Senator Williford for the purpose of addr~ssing the General Assembly on subject of tuberculosis on Friday night, July 10, at 8 o'clock.

The following bill, a continuing special order, which was brought over under head of unfinished business from yesterday's session, on motion of Mr. Alexander, was, again taken up, to wit:

By Mr. Alexander of DeKalb--

A bill to provide for the extension of the Western & Atlantic railroad to some point on the sea coast.

The Speaker again resolved the House into a Committee of the whole with Mr. \Vise of Fayette in the chair.

After a consideration of the bill the committee arose and through its chairman reported progress and asked lt'ave to sit again.

By unanimous consent the followinR" bill was read the first time, to wit:

212

JOURNAL OF TH HoUS,

By Mr. Persons of Monroe~ A resolution to pay pension due Adrian S. Toole.

Referred to Committee on Pensions.

Mr. Donalson, chairman of the Committee on Counties and County Matters, submitted the following report :

Mr. S pea.ker:

Your Committee on County and County Matters has had under consideration the following House bills, and as its chairman I am instructed to report the same back to the House as follows, to wit:

House bill No. 873, do not pass.

House bill No. 66I, do not pass.

House bill No. 8or, do pass.

House bill No. 784, do pass.

House bill No. 755, do pass.

House bill No. 754, do pass.

House bill No. 745, do pass.

House bill No. 802, do pass.

Respectfully submitted.

ERL M. DoNALSON, Chairman.

Mr. Wright of Richmond chairman of General Judiciary Committee, submitted the following report:

WEDNESDAY, JULY 8, I9Q8.

213.

Mr. Speaker:

Your Committee on General Juc1iciary has had under tonsideration the following bills of the House <ind instructed me, as th(Oir chairman, to report same oack to the House with the recommendation that same do pass as amended, to wit:

A bt11 to amend section 3828, volume 2, Code of I895, 1elative to recovery for homicide.

Respectfully submitted.

BOYKIN WRIGHT, Chairman.

Mr. Nowell, chairman of the Committee on Corporations, submitted the following report :

Mr. Speaker:

Your Committee on Corporations have had under con~ sideration the following bills of the House and direct me, as their chairman, to report same back with recommendation that they do pass, to wit:

An-Act to incorporate the town of Woodbine.

An-Act to repeal an Act to incorporate the town of Bushnell.

An Act to amend the charter of the town of Fairburn.

Respectfully submitted.

Nown.x., Chairman.

~14

JoURNAL OF THE HousE,

'-

Mr. Heard, chairman of the Commtttee on Banks an.-I Banking, submitted the following report:

Mr. S pcakcr:

Your Conunittee on Banks and Banking having had un!]er consideration House bill No. 664 and have instntcted me, as their chairman, to report same back with recommendation that tt do pass.

HEARD, Chairman.
l-
Mr. Perry, chairman of Committee on Amendments Lo Constitution. submitted the following report:

Mr. S peakcr:

The Committee on Amendments to the Constitution havi11g under consideration the following btlls make the following report as to same:

That House bills 20 and 22 do pass.

That House bills 786. 787 and 789, do pass as amended.

That House bill 788 do not pass.

H. H. PERRY, Chairman.

By unanimous consent the following bills were read the second time. to \Yit :
By Mr. Taylor of Appling-
A bill to create a board of commissioners of roads and revenues for Appling county.

WEDNESDAY, }ULY 8, 1908.

215

By Mr. Moore of Cherokee-:
A bill to authorize the road commissioners of Cherokee county to order an election to decide if bonds shail be issued.

By Mr. Moore of Cheroke~
A bill to create a board of commissioners of roads and revenues for Cherokee county.

By Mr. Mercer of Terrell- .

A bill to repeal an Act making the roads of TerreU -county twenty feet wide.

By Messrs. Flannigan and Holder of Jackson----,

A bill to amend an Act to incorporate the town of Centre.

By Messrs. Flannigan a;nd Holder-

A bill to amend an Act to incorporate the town of Hoschton.

By Mr. Gibson of Glascock-

A bill to amend an Act to create a board of commissioners of roads and revenues for Glascock county.

By Messrs. Orr and Couch of Coweta-

A bill to amend an Act to incorporate the Haralson :school district.

216

JouRNAL oF THE HousE,

By Mr. Persons of Monroe-
A bill to amend an Act to create a board of commissioners for the county of Monroe.

By Messrs. Nowell and Arnold of WaltonA-bill to incorporate the town of Gratis.

By Mr. Donalson of DecaturA bill to create a charter for the town of Iron City.

By Mr. Ward of Coffee-

A bill to amend an Act creating a new charter for th0city of Douglas.

By Messrs. Nowell and Arnold of Walton-

A bill to incorporate the town of Between.

By Messrs. Jones and Keith of Meriwether-

A bill to incorporate the town of Chalybeate Springs.

By Mr. Godley of Camden-

A bill to incorporate the town of Woodbine.

By Mr. Ward of Coffee-

A bill to repeal an Act to incorporate the town of Bushnell.

By Mr. Smith of CampbellA bill to amend the charter of the town of Fairburn..

THURSDAY, JULY 9, Igo8.

217

Leave of absence was granted to Mr. Dunbar of Richmond.

Mr. Tuggle of Troup moved that the House adjourn which motion prevailed, and the Speaker announced the Hou~e adjourned until 9 o'clock tomorrow morning.

A'l'LANTA, GA., Thursday, July 9, 1908.

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 of Chatham, Adams of Elbert, Adams of Wilkinson, Adkins, Alexander, Allen, Anderson of Bulloch, Anderson of Cobb, Arnold, Ashley, Atkinson, Austin, Ballard, Barksdale, Barrett, Barrow, Bell, Berry,

Blackburn,

Cook of Chat'hoochee.

Bond,

Cook of Telfair,

Bowen,

Cooke of Thomas,

Boyd,

Covington,

Brown of Carroll, Couch,

Brown of Oglethorpe. Cowan,

Buchannon,

Crawford,

Burkhalter,

Crumbley,

Burwell,

Culbreth,

Butt,

Daniel,

Cal beck,

Davis,

Callaway,

Davison,

Candler,

Dean,

Cannon,

Dickey,

Chamlee,

Donalson.

Clark,

Dorminy,

Clifton,

Dunbar,

Collum,

Duggan,

:218

JOURNAL OF THE HOUSE,

Dykes,

Kend~ick,

Raves,

Lee,

Edmondson,

Lively,

Edwards,

Lumsden,

Ellison,

Lunsford,

Estes,

Matthews,

Fagan,

MacFarland,

Flanders,

McCarthy,

Flannigan,

Mcintyre,

Foster,

McMahan,

Fowler,

McMichael,

Fraser,

McMullan,

Frier,

McWilliams,

Fullbright,

Martin,

Furr,

Massengale,

Geer,

Maxwell,

Gibson,

Mays,.

Glenn,

1\Iercer,

Godley,

Moore,

Goode,

Morris,

Guyton,

]\fundy,

Hall,

Nix,

Hamilton,

Nowell,

Hardeman,

Odum,

Harris,

Orr,

Haywood,

Parker,

Heard,

Parrish,

Hill,

Payton,

Hines,

Perry,

Holder,

Persons,

Howard,

Peterson,

Hubbard,

Pope of Brooks,

Huff,

Pope of Dade,

Huie,

Powell,

Hullender,

Price of Bartow,

Jackson,

Price of Oconee,

Johnson of Jasper, Reid of Macon,

Johnson of Jeff Davis, Reid of Putnam,

Johnson of Towns, Reid of Wilcox,

Jones of Meriwether, Rogers,

Jones of Mitchell,

Rountree,

Keith,

Russell,

Kendall,

Ryals,

Shaw, Sheffield, Simmons, Slade, Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Strickland, Stubbs, Sumner, Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young, Mr. Speaker.

Those absent were Messrs.-
Atwater,

219
By unanimous consent the Journal of yesterday's pro'Ceedings was dispensed with.
The following continuous special order brought over from yesterday was again taken up, to wit:
By Mr. Alexander of DeKatl>-
A bill to extend the Western and Atlantic Railroad to some point on the Atlantic sea coast. and for other purposes.
The former chairman of the Committee of the whole, Mr. wise of Fayette, being absent from the city, the Speaker designated as chairman to preside over the committee Mr. Candler of DeKalb.
Aftc-r a further consideration of the bill the Committee arose and through its chairman reported progress and asked leave to sit again.
The following resolution was read and referred t-J the ComtTittee on Rules, to wit:
By ~1 r. Barksdal&-
A resolution making House bill No. 792 the special order for \Vecl.nesday. July 15, immediately after confirmation of Journal.
By unanimous consent the following bills were rea~l the first time, to wit:
Bv Mr. Hall of Bibb-
A resolution to provide for the reprint of certain" Georgia Reports with annotations.
Referred to the General Judiciary Committee.

220

JOURNAL OF THE HOUSE,

By Mr. Hines of Baldwin-

A bill to appropriate $rs,ooo for rgo8 and $30,000 for 1909 for support and maintenance of Georgia State: Sanitarium.

Referred to Committee on Appropriations.

By Mr. Hines of Baldwin-

A bill for the relief of ]. W. McMillan.

Referred to Committee on Appropriations.

By Messrs. Nix and wilson-

A bill to amend charter of the city of Norcross.

Referred to Committee on Corporations.

By Messrs. Nix and Wilson-

A bill to amend an Act to provide for holding four terms a year of the Superior Court of Gwinnett county.

Referred to Special Judiciary Committee.

By Mr. Bowen of Tift-

A bill to change time of holding Superior Court of Tift county.

Referred to Spedal Judiciary Committee.

By Mr. Couch of Coweta-

A bill to amend an Act to incorporate the city of Senoia.

Referred to Committee on Corporations.

THURSDAY, JULY 9, 1908.

221

By .Mr. McMahan-

A bill to amend section 968, volume 1 of the Code of
.1895
Referred to Counties and County Matters. Committee.

By Messrs. Duggan and Walker of Washington-
A bill to provide for the election of a judge and
solicitor of city court of Sandersville.

Referred to Counties and County Matters Committee:

By Mr. Thurman of Walker-

A btll to repeal an Act entitled an Act to repeal an Act relative to creation of county courts as applies to Walker county.

Referred to Special Judid!rty Committee.

By Mr. Davidson of Greene-
A resolution for relief of J. W. Turner.

Referred to the General Judiciary Committee.

By Mr. Wynne of Pulaski-

A resolution authorizing the Governor to borrow money to pay teachers.

Referred to Committee on Education.

By Mr. Hines of Baldwin-

A bill to appropriate $12,671.76 for purpose of erect-

222

JouRNAL oF THE HousE,

ing infim1ary for Georgia Normal ami Industrial Cullege.

Referred to Committee on Appropriations.

By ~Ir. Crawford of Bartow-

A resolution seeking to learn the income of the Comptroller-General from his office.

Lay .on table one day.

The following Senate bills were read the first time, to \vit:

By ::\Ir. Weaver of 41st district-

A bill to prohibit unfair commercial discrimination Letween different sections.

Referred to General Agriculture Committee.

By ::\Ir. Williford of 28th district-

A bill to change the school year so that same shall begin September Ist and close August 31st.

Referred to Committee on Education.

By Mr. Crittenden. of 1Ith district-

A bill to prohibit any county officer from hiring, etc., any misdemeanor convict.

Referred to the General Judiciary Committee.

By Mr. Hardman of 33d district-

A bill imposing penalty upon common carri"ers who

FRIDAY, JuLY 10, rgo8.

223.

convert to its mvn use commodities intrusted to it fo; transportation.

Referred to the Gene-ral Judiciary Committee.

Leave of absence was grante-d Mr. Simmons of Gilmer and Mr. Brown of Carroll.

On motion of 1\:Ir. Thurman of Walker the Speake1 announced the House adjourned until 9 o'clock tomorrow morning.

ATLANTA, GA.,
Friday, June IO, 1908.

The House met pursuant to adjournment at 9 o'clock a.m. this day, was called to order by the Speaker anri opened with prayer by the Chaplain.

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

Adams of Chatham, Adams of Elbert, Adams of Wilkinson, Adkins, Alexander, Allen, Anderson of Bulloch, Anderson of Cobb, Arnold, Ashley, Atkinson, Austin,

Ballard,

Buchannan,

Barksdale,

Burkhalter,

Barrett,

Burwell,

Barrow,

Butt,

Bell,

Calbeck,

Berry,

Callaway,

Blackburn,

Candler,

Bond,

Cannon,

Bowen,

Chamlee,

Boyd,

Clark,

Brown of Carroll,

Clifton,

Rrown of Oglethorpe. Collum.

224

] ouRNAL oF 'tHE HousE,

Cook of Chat'hoochee, Hill,

Persons,

Cook of Telfair,

Hines,

Peterson,

Cooke of Thomas, HoJder,

Pope of Brooks,

Covington,

Howard,

Pope of Dade,

Couch,

Hubbard,

Powell,

Cowan,

Huff,

Price of Bartow,

Crawford,

Huie,

Price of Oconee,

Crumbley,

Hullender,

Reid of Macon,

Culbreth,

Jackson,

Reid of Putnam,

Daniel,

Johnson of Jasper, Reid of Wilcox,

Davis,

Johnson of Jeff Davis, Rogers,

Davison,

Johnson of Towns, Rountree,

Dean,

Jones of Meriwether, Russell,

Dickey,

Jones of Mitchell,

Ryals,

.Donalson,

Keith,

Shaw,

Dormiuy,

Kendall,

Sheffield,

Dunbar,

Kendrick,

Simmons,

Duggan,

Lee.

Slade,

Dykes,

Lively,

Slater,

Eaves,

Lumsden,

Smith of Calhoun,

Edmondson,

Lunsford,

Smith of Campbell,

Edwards,

Matthews,

Stephens,

Ellison,

MacFarland,

Stewart,

Estes,

McCarthy,

Strickland,

Fagan,

Mcintyre,

Stubbs,

Flanders,

McMahan,

Sumner,

Flannigan,

McMichael,

Swilling,

Foster,

McMullan,

Taylor of Appling,

Fowler,

McWilliams,

Taylor of Sumter,

Fraser,

Martin,

Terrell,

Frier,

Massengale,

Thorne,

Fullbright,

Maxwell,

Thurman,

Furr,

Mays,

Tift,

-Geer,

Mercer,

Townsend,

Gibson,

Moore,

Tracy,

Glenn,

Morris,

Trent,

Godley,

Mundy,

Tuggle,

Goode,

Nix,

Tyson,

Guyton,

Nowell,

Walker of Lowndes,

Hall,

Odum,

Walker of Milton,

Hamilton,

Orr,

Walker of Wash'ton,

Hardeman,

Parker,

Ward,

Harris,

Parrish,

Warnell,

Haywood,

Payton,

Watkins,

Heard,

Perry,

White of Madison,

FRIDAY, JuLY 10, 1908.

226

White of Screven, Whitley, Williams, Wilson,

Wise, Wootten, Wright of Floyd,
Wrightof~dWmon~

Wynne, Young, Mr. Speaker.

Those absent were Messrs.-
Atwater,

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

By unanimous consent the following resolution was read ~nd adopted, to wit :

By Mr. Candler of DeKalb--

A resolution fixing the order of business for tomorrow's session.

On motion of Mr. Taylor, Senate bill No. 123 was taken from the table and placed on the Calende~:r.

By unanimous consent the following bills were read the second time, to wit:

By Mr. Dean of Floyd-

A bill to amend the charter of the city of Rome.

By Mr. MassengaleA bill to incorporate the city of Warrenton.

By' Mr. Massengale-

A bill to create the city court of Warrenton.
1li h j

226

JouRNAL ol." THE Houst,

Upon request of Mr. Huie of Clayton, House bill No. 63 was taken from the table and placed on the Calendar.

By unanimous consent, the following bill was read the third time and put upon its passage, to wit:

By Mr. Butt of Fannin-
A bill to amend, consolidate and supersede the several Acts incorporating the city of Blue Ridge.

Mr. Butt proposed to amend section 24 by inserting between words, "any" and "location," in lines I2 and I3, the word "reasonable" and by striking the word "five,'' between word "within" and "days," in lines I4 and IS, and inserting the word "thirty," also,
To amend section 54 of said bill by striking the words "such" and "reasonable," in line eight of said section, and insert the word "one," and by adding the word "gross," between word "annual" and "income," in line nine, and by striking words "as may be determined by the mayor and councilmen," in lines IO and I I.

The above amendments were adopted.

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

On the passage of the bill the ayes were I40, nays o.

The bill havi'ng received the requisite constitutional n.ajority was passed as amended.

The following continuing special order, which was

FRIDAY, JuLY IO, 1908.

227

brought over from yesterday, was again taken up, tC> wit:

By Mr. Alexander of DeKalb-

A bill to provide for the extension of the Westem and Atlantic Railroad to some point on the sea coast.
\
The Speaker again resolved the House fnto a committee of the whole and Mr. Wise of Fayette took the <:hair.

After a consideration of the bill the committee arose and through its chairman reported the same back with the recommendation that it do pass by substitute.

The committee proposed the following substftute t:.> wit:

By Mr. Wright of Richmond-
A bill providing for the appointment of a commission to investigate the matter of the extension of the Westem and Atlantic Railroad and to report to the next Gen eral Assembly and for other purposes.

Mr. Wise of Fayette proposed to amend by striking the words "only" and "railroads" in section 10 of the substitute. The amendment was adopted.

The report of the committee which was favorable to' the passage of the bill by substitute was agreed to as .amended.

On the passage of the bill the ayes were 132, nays I.

228

JoURNAL OF TlU:t Hou~~

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

Mr. NOwell, chairman of Committee on Corpora tions, submitted the following report :

Mr. Speaker:

Your Committee on Corporations have had under con sideration the following House and Senate bills and direct me, as their chairman, to report same back to the House with the following recommendation, to wit:

DO PASS AS AM~ND~D.

An Act to amend the charter of the city of Rome.

DO PASS.

An Act to incorporate the town of Franklin.

An Act to create the office of commissioner of roads and revenues for the county of Carroll.

An Act to create and incorporate the city of Warrenton.

An Act to establish the city court of Warrenton.

SENAT~ BILLS DO NOT PASS.

An Act to authorize the laying off of the city of Con yers into three wards.

An Act to amend the charter of the city of Conyers.

. FRIDAY, JuLY 10, lgo8.

229

An Act to authorize and require the payment of costs tv the proper officers of court of Emanuel county.

Respectfully submitted. HAL G. Nowm.L, Chairman.
This, July 9, 1go8..

Mr. Blackburn, chairma!l of the Committee on Special Judiciary, submitted the following report :

M1'. Speaker:
Your Committee on Special Judiciary has had under consideration the following House bill and instructed me, as their chairman, to report same back to the House with the recommendation that same do pass as amended, to wit:

A bill to amend article 9, section 4147, Code of 1895
. Also, the following House btlls with the recommendation that same .do pass, to wit:
A bill to amend Act establishing the city court of Newton.

A bill to repeal Act creating board of county commissioners for Baker county.

A bill to create board of county commissioners for the county of Baker.

A bill to authorize judges of city courts tn certain counties to appoint special bailiffs. .

A bill to establish city court o( St. Marys.

230

JoURNAL OF THE HOUSE,

A bill to amend Act establishing city court of Ashburn.

A bill to repeal county court Act so far as applies to county of Camden.

A bill to amend Act establishing city court of Dalton.

A bill to create board of county commissioners for the county of Johnson.

A bill to create city court of \Vrightsville.

A bill to create board of county commissioners for the county of McDuffie.

A bill to amend section :S26, volume I, Code of 1895, relative to road duty.

A bill to incorporate the town of Orland.

A bill to repeal Act incorporati'ng the town of Ellijay.

A bill to create a new charter for the town of Ellijay.

A biii to amend section 982 of the Code of 1895 so as to add Fayetteville to the list of State depositories.

A bill to amend Act creating the city court of Buford.

A bi11 to amend Act amending Act creating city court of Tifton.

A bill to amend Act creating the city court of Sparta.

A biii to repeal Act incorporating the town of Culverton.

A bill to extend time within which work shall be

FRIDAY, }ULY 10, 1908.

231

commenced on the Georgia Southwestern and Gulf Railroad.

A bill to allow common carriers to grant passes to former employes under certain conditions.

A bill to abolish county court Act so far as applies to the county of Clinch.

Respectfully submitted.

R. B. BLACKBURN, Chairman.

Mr. Donalson, chairman of Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters ha::. had under consideration the following House bills and, as its chairman, I am instructed to report the same back to the House as follows, to wit:
House bill No. 872 do pass.
House bill No. 919 do pass.
House bill No. 930 do pass.
House bill No. 941 do pass.
Respectfully submitted.
ERLE M. DoNALSON, Chairman.

Mr. Wright of Richmond, chairman of Committee on General Judiciary, submitted the following report:

2:l2

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on General Judiciary has had under consideration the following resolution of the House and instruct me, as their chairman, to report same back to the House with the recommendation that same do pass by substitute, to wit:

A resolution to pay bond of the State of Georgia number I88.

Also the following House bill with the recommendation that same be referred to committee on Special Judiciary, to wit:

A bill to amend county court Act so far as applies to . Pulaski county.
!
; Respectfully submitted.

BoYKIN WRIGHT, Chairman.

Mr. Holder, chairman bf Committee on Penitentiary, submitted the following report:
Mr. Speaker:
Your Committee in Penitentiary has had under consideration the following House bill and instructed me, as their chairman, to report same back to the House with recommendation that same do pass by substitute, to wit:
A bill to dispose of labor of certain felony convicts.
Respectfully submitted.
]No. N. HoLDER, Chairman.

FRIDAY, JULY IO, I9o8.

233

Mr. McMichael, chairman of the Committee on Education, submitted the following report :

Mr. Speaker:

Your Committee on Education has had under consideration House bill No. 687 and instructs me, as its chairman, to report that the same do pass.

Respectfully submitted.

McMICHAEL, Chairman.

The following message was received from the Senate through Mr. Northen, Secretary thereof:
Mr. Speaker:
The Senate has concurred in the following resolution
of the House, to wit :
A resolution providing for a joint committee of three from the House and two from the Senate to investigate the charge of drunkenness made by Mr. Jno. T. Moore against the committee that inspected the convict camp at the Bibb Brick Co., in November, 1907.
The President of the Senate has appointed as a committee on part of the Senate under this resolution, Senators Stephens of Ist and Peacock of 14th.
The Senate has adopted the following resolution in which the concurrence of the House is respectfully asked, to wit:
A resolution urging the United States Congress to establish a Nati'onal Health Bureau.

234

JouRNAL oF TH~ Hous~,

The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the senate, to wit:

A bill to provide for the election of the Pension Commissioner by a vote of the people.

Also a bill to regulate the compensation of judges of superior court for services rendered outside their own circuit in those judicial circui'ts having therein a city with a population of not less rhan 54,000 nor more than 6o,ooo inhabitants.

Also a bill to authorize judges of the city courts located i'n counties with cities of not less than 54,000 nor more than 75,000 to appoint special bailiffs.

Also a bill to amend the charter of the town of Shellman, in the county of Randolph.
Also a bill to amend section 97 of the Penal Code of
Georgia.

Also a bill to amend an Act to establi'S'h the city court of Dublin, in Laurens county.

The following message was received from the Sen..ite through Mr. Northen, Secretary thereof:

Mr. Speaker:

The Senate has passed by tfie requisite constitutional majority the following bill of the Senate, to wft:

FRIDAY, Jur.Y 10, 1go8.

235

A bill to repeal an Act fixing, the number of days,work required of persons subject to road duty in counties having cities of not less than seventeen thousand nor more than twenty-three thousand population.

The Senate has passed by the requisite constftutional majority the following bills of the House, to wit:
A bill to prohibit the employment of inexperienced persons as engineers ; to prescribe a mini"mum of experience, and for other purposes.

Also a bill to abolish the county court of Effingham, to dispose of business therein and for other purposes.

Also a bill to create the city court of Springfield in the county of Effingham.

The Senate has passed as amended by the requisi'te constitutional majority the following House bill, to wit:

A bill to appropriate fifteen thousand dollars to equi;> and repair the buildings on the campus of the Georgia Normal and Industrial College, at Milledgeville.

On motion of Mr. Alexander of DeKalb, House bill No. go was tabled.

On motion of the author House bill No. 926 was reC_?mmitted to Special Judiciary Committee.

'f.he followi'ng resolution was read and referred to the Committee on Rules, to wit:
l3y l\1~. Donalson-
A resolution making House bill No. 86 a special order.

236

JOURNAL OF THE HousE,

By unanimous consent the following bills were read the second time, to wit:

By Mr. Townsend-

A bill to abolish the county court of Clinch county.

By Mr. Sumner-

A bill to amend an Act to create the city court of Ashbum.

By Mr. Harris of Crisp-

A bill to create a board of county commissioners for the county of Crisp:

By Mr. Holder of Jackson-:-

A bill to hire the labor of certain felony convicts for a period of five years and for other purposes.

By Mr. Donalson-

A bill to extend the time within which work shall be commenced on the Georgia, South Western & Gulf Railroad.

Mr. Donalson asked unanimous consent that House bill No. 916 be made the special and continuing order for Monday morning next, immediately after confirmation of the Journal, which request was granted.

The following resolutions were read and referred to
the Committee on Rules, to wit :
Lc_

FRIDAY, }UI,Y IO, 19()8.

287

By Mr. Fraser-

A resolution to make House bill No. 723 a special order.

By Mr. Bell of Fulton-
A resolution to make House bill No. 898 a special
order.

By Mr. Holder--

A resolution to make House bill .No. 346 a special order.

By Mr. Wright of Floyd-

A resolution to make House bill No. II9 a special order.

The following bill was read the second time by unanimous consent, to wit :

By Mr. Parker--

A bill to incorporate the town of Woodland.

The following resolution was read and adopted, to wit :

By Mr. Candler-

Resolved that the order of .business for to-morrow shall be as follows.

I. Introduction of new bills. 2. Reports of standing committees.

238

JouRNAL oF THE House,

3 Reading of local House bills second time.

4 Reading local House bills third time.

S Reading Senate bills first time. 6. Reading Senate bills second time.

7 Reading local Senate bills third time.

The following bill which was set for a special order to follow the bill providing for the extension of the Western & Atlantic Railroad was read the third time and put upon its passage, to wit: .

By Mr. Foster of Cobb--

A bill to amend that part of section I of an Act entitled an Act to amend section I, article 7, paragraph I of the Constitution, so as to extend the provisions of same to widows of Confederate veterans.

Leave of absence was granted Messrs. Harris of Crisp, Peterson of Montgomery, Calloway of Lee.

The hour of adjournment having arrived the Speaker announced the House adjourned until 9 o'clock to-morrow morning.

SATURDAY, JULY I I, I908.

!239

ATLANTA, GA.,
Saturday, July 11, I908.
The House met pursuant to adjournment at 9 o'clock a:m. this day; was called to order by the Speaker, and (Jpened with prayer by Rev. R. F. Eakes.
By unanimous consent the call of the roll was dispensed with.
The reading of the Journal of yesterday's proceedings was dispensed wit!h by unanimous consent.
Mr. Perry, chairman of Committee on Amendments to the Constitution, submitted the following report:
The Committee having had under consideration the following bills, direct me, as their chairman, to report them back to the Hotise as follows:
House bill No. I 54 with. a recommendation that it do pass.
House bill No. 8o6 with a recommendation !!hat it do pass as amended.
House bill iNo. 562 with recommendation that i't do pass as amended.
H. H. PE:RRY, Chairman.
Mr. Anderson, vice-chairman of Committee on Gert-
eral Judiciary submitted the following report:

240

JOURNAL OF TH~ Hous~,

Mr. Speaker:

Your Committee on General Judiciary have had under consideration the following House bills and instruct me, as their vice-chainnan, to report same back to the House with the recommendation that same do pass, to wit:

A bill to fix the age for road duty m the State of Georgia.

A bill to amend section 2 502 of volume 3 Code of 1895, relative to parental power.
Also the following House bills with the recommendation that the same do not pass, to wit:'
A bill to establish by law when disfranchisement amendment shall go into effect.
Also the following House resolution wi~h the recommendation that same do not pass, to wit:
A resolution to furnish certain public officers with a copy of Van Epp's Form Book.
Also the following House bill with the recommendation that same be re-referred to the Committee on Special Judiciary.
A bill to change time of holding superior court of Glascock.
Respectfully submitted.
J. J. E. ANDERSON, Vice-Chairman.

The order of business fixed for today's session wac;

SATURDAY, JULY II, Igo8.

241

read and the following bills were read the first time, to wit:

By Mr. McWilliams-

A bill to amend an Act to consolidate Acts to incorporate town of McDonough.

Referred to Counties and County Matters Committee.

By Mr. Williams of Dodge -

A bill to amend an Act to create board o~ Commissioners of roads and revenues for county of Dodge.

. Referred to Counties and County Matters Committee.

By Mr. Calbeck-

A bill to authorize the conveyance of a parcel of the town commons of the town of Calhoun to G. L. Gardner.

Referred to Special Judiciary Committee.

By .Messrs. Alexander and Candler-

A bill to authorize town of Decatur to issue bonds for waterworks, &c.

Referred to Corporations Committee.

By Mr. Bowen of Tift-

A resolution to pay pension due Robert Henderson.
Referred to Committee on Pensions.
16 )a

242

JouRNAL oF THE HousE)

By Messrs. Alexander and Candler-

A bill to authorize the town of Decatur to issue bond; to erect school buildings, &c.

Referred to Corporations Committe~.

By Mr. Mercer-

A bill to repeal an Act to create the city court of Dawson.

Referred to Counties and County Matters Committee.

By Mr. Townsend-

A resolution relative to fees for granting requisiti6;t<; for criminal fugitives.

Referred to General Judiciary Committee.

By Mr. Ballard-

A resolution to place Benj. F. Hays on the pension rolls.

Referred to Committee on Pensions.

By Mr. Holder of Jackson-

A resolution to pay pension to Mrs. 1\I. L. Hughes.

Referred to Committee on Pensions.

By Mr. Orr of Coweta-

A bill to define competency of husband and wife a'! witnesses in actions for divorce.

Referred to General Judiciary Committee.

SATURDAY, JULY I I, Igo8.

243

By unanimous consent 200 coptes of the substitute for House bill No. 346 were ordered printed.

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

By Mr. Odom-

A bill to repeal an Act to crea1te a board of commis,sioners of roads and revenues for Baker county.

By Mr. Odom-

A bill to create a board of county commissioners for the county of Baker.

By Mr. Flanders-

A bill to create a board of commissioners of roads and revenues for Johnson county.

By _Mr. Haywood-
A bill to create a board of commtss10ners of roads :and revenues for McDuffie county.

By Mr. Stri'cklandA bill to incorporate the town of \Villiamson.

By Mr. PetersonA bill to incorporate the town of Orland.

l3y Mr. Simmons-
A bill to repeal an Act to incorporate the town of Ellijay.

244

JOURNAL OF' TH~ Hous~~

By Mr. SimmonsA bill to create a new charter for the town of Ellijay.

By Mr. Trent-
A bill to incorporate the town of Franklin.

By Mr. Burwell-
A bill to repeal an Act to incorporate the town of Culverton.

By Mr. BerryA bill to incorporate the town of Blairsville.

By Messrs. Brown and Watkins of Carroll-

A bill to create office of commissioner of roads an~ revenues for the county of Carroll.

The following bills were read the third time and put upon their passage, to wit :

By Messrs. Flannigan and Holder-

A bill to amend an Act to incorporate the town of Centre.

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

On the passa~ of the bill the ayes were 120, nays o.

The bill having received the requisite constitutional majority was agreed to.

SATURDAY, JULY II, I9Q8.

245

By Messrs. Fla.nruigan and Holder-

A bill to amend Act to incorporate the town. of Hoschton.

'Dhe report of the committee which was favorable t(') the passage of the bill was agreed to.

On the passage of the bill the ayes were 130, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Godley-

A bill to incorporate the town of Kingsland.

The report of the committee which was favorable t:> the passage of the bill was agreed to.

On the passage of the bill the ayes were 1 10, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Williams of Dodge-

A bill to incorporate the town of Leon.

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 141, nays o.

The bill havi'ng received the requisite constitutional majority was passed.

246

JouRNAL oF THE HousE,

By Messrs. Nowell and Arnold-

A bill to incorporate the town of Williamsville.

The report of rhe committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 140, n~ys o.

The bill having received the requisite constitutional rnajority was passed.

By Mr. Calbeck-

A bill to create a new charter for the town of Fatrmount.

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 149, nays o.

The bill having received the requisite constitutional majority w3:s passed.

By Mr. Stubbs of Thomas-

A bill to amend charter of town of Ochlocknee.

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 120, nays o.

'I'he bill having received the requisite constitutional majority was passed.

SATURDAY, }ULY I I, I908.

247

By Mr. Calbeck-

A bill to repeal an Act to create a new charter for Fairmount.

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

On the passage of the bill the ayes were I I8, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Mercer-

A bill to repeal an Act to make the roads of Terreil county 20 feet wide.

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 120, nays o.

'flhe bill having received the requisit~ constitutional majority was passed.

By Mr. Moore of Cherokee--

A bill to authorize an election in Cherokee county to determine whether bonds shall be i~sued for certain 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 100, nays o.

248

JouRNAL oF 'tHE HousE,

The bill having received the requisite constitutionai majority was passed.

By Mr. FullbrightA btll to amend the charter of town of Midville.

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 151, nays o.

Tohe bill having received the requisite constitutional majority was passed.

By Mr. Huie of Clayton-

A bill to incorporate the town of Riverdale.

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 139, nays o.
Tohe bill having received the requisite constitutional majority was passed.

By Mr. Fullbright-

A bill to incorporate the town of Vidette.

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

SATURDAY, JuLY I I, 1908.

249

By Mr. Taylor of Appling-

A bill to create a board of commissioners of roads and revenues for Appling 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 I4I, nays o.

The bill having received the requisite constitutional majqrity was pas~ed.

By Mr. Gtbson of _Glascock-

A bill to amend an Act to create a board of commissioners of roads and revenues for Glascock county.

The report of the committee which was favorable to the passa~e of the bill was agreed to.

On the passage of the bill the ayes were I 52, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. McMahan-

A bill providing for creation of board of health for the city of Athens.

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 I20, nays o.

The bill having received the requisite constitutional majority was passed.

250

JouRNAL oF THE HousE,

By Mr. Ward-

A bill to amend an Act to create new charter for city of Douglas.

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 120, nays o.

The bill having received the requisite constitutiona1 111ajority was passed.

By Mr. Parker of TalbotA bill to incorporate the town of \Vooclland.

. . Tbe 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 139, nays o.
The bill having received the requisite constitutional majority was passed.

By Mr. Persons-

A bill to amend an Act to create a board of commissioners of roads and revenues for Monroe 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 120, nays o.
The bill having received the requisite constitutional majority was passed.

SATURDAYJ JuLY II, rgo8.

251

By Mr. Smith of Campbell-

A bill to amend the charter of the town of Fairburn.

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

On the passage of the bilLthe ayes were 120, nays ).

The bill having received the requi!)ite constitutional majority was passed.

By 1\-ir. Godley of CamdenA bill to incorporate the town of 'vVoodbine.

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 120, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Ward of Coffee-
A bill to repeal an Act to incorporate the town of Bushnell.

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

On the passage of the bill the ayes were r r8, nays o.

The bill having received the requisite constitutional majority was passed.

252 -

JouRNAL ol" THE HousE,

By Mr. Harris of Crisp--

A bill to create a board of commissioners of roads and revenues for Crisp 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 130, nays o.

The bill having received the requisite constitutional majority was passed.

By Messrs. Nowell and Arnold-

A bill to incorporate the town of Between.

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 130, nays o.

The bill having received the requisite constitutional majority was passed.

By Messrs. Nowell and Arnold-

A bill to incorporate the town of Gratis.

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

On the passage of the bill the ayes were 130, nays o.

The bill having received the requisite constitutional majority was passed.

SATURDAY, JULY II, 1908.
By Messrs. Heard and Adkins-A bill to amend an Act to incorporate the city uf
Vienna.
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 125, nays c.
The bill- having r~eived the requisite constitution&! majority was passed.
By Messrs. Jones and Keirh of Meriwether-
A bill to incorporate the town of Chalybeate Springs.
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 130, nays o.
The bill having received the requisite constitutionai majority w~s passed.
By :Messrs. Heard and Adkins-
A bill to amend an Act to create a board of comn:issioners of roads and revenues for the county of Dooly.
The report of the committee, which was favorab~e to . the passage of the bill, was agreed to.
On the passage of the bill the ayes were 100, nays o.
The bill having received the requisite constitution:.! majority was passed.

254

JOURNAL OF 'fHE HoUSE,

By Mr. Donalson-
A bill to create a charter for the town of Iron City.
The report of the committee, which was favor:Jh!e to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 118, nays o.
The bill having received the requisite constitutim~a1 majority was passed.

By Mr. MassengaleA bill to incorporate the city of \Varrenton. 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 120, nays o.

The bill having received the requisite constitutionai majority was passed.

By l\iessrs. Orr and Couch-
A bill to amend an Act to incorporate the Haralson school district.

The committee proposed to amend as follows : By adding to end of section 1 the following, "and also to
that the lands of Jno. D. \Vood, consisting of the
east half of lot of land No. 166, and 20 acres of the west half of the same lot in the upper 9th district of Meriwether county be excluded from said school district, and the lines of said district be made and established, not in eluding said described lands."

SATURDAY, JuLY I I, Igo8.

255

The report of t:he committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were I20, nays o.
The bill having received the requisite constitutional majority \Yas passed as amended.

By lVIr. Moore of Cherokee-

A bill to create a board of roads anri revenues for Cherokee county.

The committee proposed to amend by striking from section I, line 3, the words "the passage of this Act," and insert in lieu thereof the words, "January I, 1909." The amendment was adopted.

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

On the passage of the bill the ayes were I40, nays o.
The bill having received the requisite constitutional . majority was passed as amended.

By Mr. Dean of Floyd-

A bill to amend the charter of the city of Rome so as to increase the powers of the board of public works, and for other purposes.
The committee proposed to amend by adding anothe:section to be known as section 12, to wit: Sec. 12. Be it further enacted, That section 87 of the Act approved
September 25, 1883, consolidating, amending and codi-
fying the Acts incorporating the city of Rome by adding

256

JouRNAL OF THE HoUSE,

the words change between the words "to" and "extend,"

and by changing the word "and" between the words

"extend" and "enlarge" to the word "or" in the fourth

line of said section;" also



To amend section 9 by adding between the .words "firemen" and "elected," in the. sixth line, the words "H. C. Harrington, chief; J. A. Sharpe, Jr., Jas. I. Dempsey, L. G. Austin, 0. W. Davis, M. N. Talbot, J. H. Wyatt, A. A. Burnett, S. W. Sharp, Ray iN. Tip-
pen, Chas. E. Gilliam, W. J. May, Geo. T. Sharp, Sam
D. Long, B. 0. Harless, W. F. Miller, Marion Johnson,
Sam Taylor, J. L. Guinn, W .. H. Taylor, Frank C.
Holtsclaw, who have been."

Also to amend caption of the bill by adding at end of caption the words "and to abolish the police commission of the city of Rome," and to amend the Act amending the charter of the city of Rome, approved September 25, 1883," also
To amend" by adding after section 10 another section, to wit: "Sec. I I. Be it further enacted, That sections 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 of the Act of the General Assembly approved August 20, 1go6, being an Act to amend the charter of the city of Rorrie, be and are hereby repealed. and the appointment and control of all policemen, marshals and deputies vested in the mayor and council of the city of Rome," also

To amend by striking from the third and fourth lines of the first section of the bill the words, "by its superintendent or its superintendent and consulting engineers,'' and from the 6, 7, 8 and 9 lines thereof the words, "and
report the same to the board, and the board shall im-

SATURDAY~ }ULY II, I9Q8.

257

mediately examine such report or reports and make necessary corrections, if any such are required," and by inserting after the word "pavements," in fifth line of said section, the words "with or without including sidewalks," and by adding after the word "may," in line I of section 4 of the bill the words, "by direction of the board," also

To amend by changing the word "all," in line 5 of section 8, to the word "more"; also to amend section I by adding before the word _"approve," in line I I, the. words "if found correct."

Also to amend by adding to the caption "to give the

mayor and council power to prevent and remove en-

croachments upon its streets" ; also-

;:

To amend by adding a new paragraph to be numbered as follows, and to make No. IO as No. I3, to wit: "Sec. IO. That the mayor and council of the city of Rome shall have power and authority to make such ordinances, by-laws, rules and regulations as they may <leem necessary, fully and effectually to prevent encroachments on any of its streets, sidewalks and alleys, and to remove such as now exist and such as may hereafter exist, as in their opinion the goo<l order and welfare of said city and its inhabitants may require. The expense of removing t-he same shall be paid 'by the party so making the encroachment, to be collected as may be provided by ordinance of said city."

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

On the passage of the bill the ayes were I40, nays o.
17hj

258

JouRNAL oF THE HousE,

The bill having received the requisite constitutional majority was passed as amended.

The following bills were read the first time, to wit:

By Mr. MeWilliams-

A bill to create the city court of McDonough.

Referred to Special Judiciary Committee.

By Mr. Huie-

A bill to incorporate the town of Forest Park.

Referred to Corporations Committee.

By Mr. Hubbard -

A resolution to pay pension due Jno. W. Hamby t') his widow.

Referred to Committee. on Pensions.

The following Senate bills were read the first tim'!, to wit:

By Mr. Hardeman of 33d district-

A bill to provide for the election of the Pension Commissioner by the people.

Referred to Committee on Privileges and Elections.

By Mr. Hardeman-

A resolution urging congress to establish a health bureau.

Referred to Committee on Hygiene and Sanitation.

SArotmAY, Jui.Y n, rgo8.
By Mr. Stephens of Ist district- ..
A bill to regulate compensation of judges of Superior Court for services rendered outside their own judicial <Circuits.
Referred to General Judiciary Committee.
By Mr. StephensA bill to authorize judges of city courts in certain
IC'Ounties to appoint special bailiffs.
Referred to General Judiciary Committee.
By Mr. Crittenden of 1Ith districtA bill to amend the charter of the town of Shellman. Referred to Committee on Corporations.
By Mr. \Villiford of 28th districtA bill to amend section 97 of the Penal Code, relating
1o punishment for assault with intent to murder. Referred to General Judiciary Committee.
By Mr. Brantley of 16th districtA bill to amend an Act to create the city court of
Dublin. Referred to Speci'al Judiciary Committee.
By Mr. Gordy of 24th districtA bill to repeal an Act to fix the number of days work
:required of persons subject to road duty. Referred to Committee on Privileges and Elections.

260

JouRNAL oF TH~ Hou~,

The following resolutions were read, to wit:

By Mr. Shaw-
A resolution providing for the investigation of charges against Prison Commission.
Lay on table.

By Mr. 1'ownsend-
A resolution fixing House bill No. 712 as a special order.
Referred to Committee on Rules.

Leave of absence was granted Messrs. Cook of Telfair and Guyton of Effingham.

Mr. Fullbright moved to adjourn until 10 o'clock Monday, which motion prevailed.

The Speaker then announced the House adjourned until Monday morning at 10 o'clock.

MONDAY, JULY 13, 1908.

261

ATLANTA, GA.,
Monday, July 13, 1908.

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 of Chatham, Candler,

Fagan,

Adams of Elbert,

Cannon,

Flanders,

Adams of Wilkinson, Chamlee,

Flannigan,

Adkins,

Clark,

Foster,

Alexander,

Clifton,

Fowler,

Allen,

Collum,

Fraser,

Anderson of Bulloch, Cook of Chat'hoochee, Frier,

Anderson of Cobb, Cook of Telfair,

Fullbright,

Amold,

Cooke of Thomas, Furr,

Ashley,

Covington,

Geer,

Atkinson,

Couch,

Gibson,

Austin,

Cowan,

Glenn,

Ballard,

CrawfQrd,

Godley,

Barksdale,

Crumbley,

Goode,

Barrett,

Culbreth,

Guyton,

Barrow,

Daniel,

Hall,

Bell,

Davis,

Hamilton,

Berry,

Davison,

Hardeman,

Blackburn,

Dean,

Harris,

Bond,

Dickey,

Haywood,

Bowen,

Donalson,

Heard,

Boyd,

Dorminy,

Hill,

Brown of Carroll, Dunbar,

Hines,

Brown of Oglethorpe. Duggan,

Holder,

Buchannan,

Dykes,

Howard,

Burkhalter,

Eaves,

Hubbard,

Burwell,

Edmondson,

Huff,

Butt,

Edwards,

Huie,

Calbeck,

Ellison,

Hullender,

Callaway,

Estes,

Jackson,

26i

JoURNAl, OF THE HoUSE,

Johnson of Jasper, Orr,

Johnson of Jeff Davis,. Parker,

Johnson of Towns, Parrish,

Jones of Meriwether, Payton,

Jones of Mitchell,

Perry,

Keith,

Persons,

Kendall,

Peterson,

Kendrick,

Pope of Brooks,

Lee,

Pope of Dade,

Lively,

Powell,

Lumsden,

Price of Bartow,

Lunsford,

Price of Oconee,

Matthews,

Reid of Macon,

MacFarland,

Reid of Putnam,

McCarthy,

Reid of Wilcox,

Mcintyre,

Rogers,

McMahan,

Rountree,

McMichael,

Russell,

McMullan,

Ryals,

McWilliams,

Shaw,

Martin,

Sheffield,

Massengale,

Simmons,

Maxwell,

Slade,

Mays,

Slater,

Mercer,

Smith of Calhoun,

Moore,

Smith of Campbell,

Morris,

Stephens,

Mundy,

Stewart,

Nix,

Strickland,

Nowell,

Stubbs,

Odum,

Sumner,

Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, 'Wynne, Young, Mr. $peaker.

Those absent were Messrs.-

Atwater,

By unanimous consent the reading of the Journal of Saturday's proceedings was dispensed with.

By unanimous consent House bill No. 47 was taken
from the table and placed on the Calendar.

By unanimous consent this morning's session was ex-

MONDAY, JULY 13, 19QS.

268

tended for fifteen minutes for the purpose of reading general bills a second time.

On motion of Mr. Alexander of DeKalb, House bill
No. 899 was recommitted to the General Judiciary Com-
mittee.

The following resolutions were read and referred to the Committee on Rules, to wit:

By Mr. Edwards-

A resolution to make House bill No. 152 the special order for Thursday, July 16.

By Messrs. Whitley, Dean and Stubbs-

A resolution to make House bill No. 841 the special order for Wednesday, July 15.

The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Spea.ker:

The Senate has passed by the requisite constitutional majority the following Senate biB, to wit:

A bill to amend an Act to establish the city court of Moultrie, in Colquit county.

The undersigned members of the Committee on Con-
stitutional Amendments submitted the following minority
report on House bill No. 69.

Mr. Speaker: We, the undersigned members of the Committee on

.

264

JOURNAL OF THE HOUSE,

Amendments to the Constitution, respectfully submit a minority report on House bill No. 69, and recommend ~he ~arne do not pass.

Respectfully submitted.

w. I. MAciNTYRE,
H. T. TuGGLE,
W. H. BURWELL, L.A. DEAN,
c. M. CANDLER.

The following special order which was brought over from Friday's session as unfinished business, was agam taken up and put upon its passage, to wit :
By Mr. Foster of Cobb-
A biH to amend section I of an Act to amend secrion I, article 7, paragraph I, of the Constitution so as to extend the provisions of sa1d section to the widows of Confederate veterans.
The previous question was called and the main question ordered.

The following amendments were adopted, to wit:
Ry Mr. Thurman-
To amend by adding following proviso to end of section I of the bill as amended : "Provided that the provisions of this Act shall not extend to any soldier or widow of Confederate soldier whose property exceeds $I,ooo or whose income is more than $300 per year."

MoNDAY, JuLY 13, 1908.

265

In view of the fact that there were several committee amendments tp the above bill, Mr. Flanders asked unanimous consent that the House reconsider its action in adopting the above amendment, so as to act on the committee amendments first, which was granted.

Mr. Hines moved that the House reconsider its action in calling the previous question, which motion prevailed.

On motion of Mr. Hines, the session was extended until the bill under discussion could be disposed of.

Mr. Hines then caUed the previous question on the b1ll and pending amendments, which call was sustained.

The committee proposed the following amendment, which was adopted, to wit:

To a111tnd by adding tv the ertd of section 2 tlw foi1owing:
"l'rov;cled, that no person shall be eu~itlecl b tite pnx;isi;Jll~ of this section, the total value of whose property of every description, including money and -choses in action, shall exceed fifteen hundred dollars; and provided further, that only those widows who wer.e married to such soldier or ex-soldier previous to the year 1870 shall be entitled to the provisions of this section." Also by inserting in the caption before the la.st four words thereof the words "and for other purposes," the following words, "and prescribing the persons entitled to the provisions of said section."

The following amendment was adopted to the above committee amendment, to wit:

266

Joua~..u, Oi' THE HousE,

By Mr. Thurman of Walker-

To amend by adding the following to the end of section I of the bill as amended : "Provided the provisions of this Act shall not extend to any soldier, or widow of Confederate soldier whose property exceeds $I,ooo, or whose income is more than $300 per year."

Mr. Foster of Cobb proposed the following amendments which were adopted to wit:

To amend the caption by striking that part which occurs after the words, "A biH to be entitled an Act to amend and inserting in lieu thereof the following:

"Paragraph I, section I, article 7 of the Constitution of this State, so as to provide for the payment of pensions to ex-Confederate soldiers and the widows of exConfederate soldiers, and for other purposes."

Also to amend section I by striking all of said section between the enacting clause and the 38th line thereof and inserting the following : "That paragraph I, section I, article 7 of the Constitution of this State be and the same is hereby amended by adding at the end of said paragraph the following:" also,

To amend section 2, by adding the words, "of amendment" after the word "ratification" in lines 8 and IO of said section, and by adding in parenthesis the words "for payment of pensions to ex-Confederate soldiers and widows of ex-Confederate soldiers" between lines 9 and IO of said section, and by adding in paren~hesis the words, "against payment of pensions to ex-Confederate soldiers and widows of ex-Confederate soldiers between

MoNDAY, JuLY 13, 1go8.

267'

the words "State" and "as" in the 1 Ith line of said sec- tion.
'!'he report of the committee, which was favorable t...1 the passage of the biU as amended, was agreed to as. amended.

An amendment to the Constitution being involved, theayes and nays were ordered, and on the passage of thebill the vote was as follows :

Those voting in the affirmative were Messrs.-

Adams of Elbert,

Dean,

Adams of Wilkinson, Dorminy,

Adkins,

Duggan,

Allen,

Dykes,

Anderson of Bulloch, Eaves,

Anderson of Cobb, Edwards,

Arnold,

Estes,

Atkinson,

Flanders,

Austin,

Foster,

Ballard,

Fowler,

Barrett,

Fraser,

Barrow,

Frier,

Berry,

Furr,

Blackburn,

Gibson,

Bond,

Glenn,

Bowen,

Godley,

Brown of Oglethorpe, Goode,

Buchannon,

Ha)'Wood,

Burkhalter,

Heard,

Butt,

Hill,

Calbeck,

Holder,

Cannon,

Howard,

Clifton,

Hubbard,

Collum,

Huff,

Covington,

Huie,

Couch,

Hullender,

Cowan,

Jackson,

Culbreth,

]ohnson of Towns,

Davison,

Jones of Mitchell,

Kendall, Kendrick, Lively, Lumsden, Matthews, McMahan, McMichael, McMullan, MeWilliams, Martin, Massengale, Maxwell, Mays, :Mioore, Morris, Nix, Nowell, Ort, Parker, Payton, Perry, Persons, Pope of Dade, Powell, Price of Bartow, Price of Oconee, Reid of Macon, Reid of Wilcox, Rogers,

. JOURNAL OF THE HOUSF.,

Rountree, Russell, Ryals, Shaw, Sheffield, Slade, Slater, Smith of Calhoun, Sumner,

Taylor of Appling, Thurman, Townsend, Tracy, Trent, Tyson, Walker of Milton, Walker of W ash'ton, Warnell,

Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, 1Wynne,

Those voting in the negative were Messrs.---

Adams of Chatham, Alexander, Boyd, Burwell, Candler, Clark, Cooke of Thomas,
Danie~

Donalson, Fullbright, Hall, Hamilton, Hardeman, Harris, Hines, MacFarland,

McCarthy, Mcintyre, Odum, Reid of Putnam, Stubbs, Tuggle, Wright of Floyd, Young,

Those not voting were Messrs.-

Ashley,

Fagan,

Simmons,

Atwater,

Flannigan,

Smith of Campbell,

Barksdale,

. Geer,

Stephens,



Bell,

. Guyton,

Stewart,

Brown of Carroll, . Johnson of Jasper, Strickland,

Callaway,

Johnson of Jeff Davis, Swilling,

Chamlee,

Jones of Meriwether, Taylor of Sumter,

Cook of Chat'hoochee, Keith,

Terrell,.

Cook of Telfair,

Lee,

Thorne,

Crawford,

Lunsford,

Tift,

Crumbley,

Mercer,

Walker of Lowndes

Davis,

Mundy,

Ward,

Dickey,

. Parrish,

Wootten,

Dunbar,

Peter-son,

Wright of Richmond,

Edmondson,

. Pope of Brooks,

Mr. Speaker.

Ellison,

The roll call was verified and on counting the votes cast it was found that the ayes were II3, nays 24.

TuESDAY, JuLY 14, 1908.

269

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

Leave of absence wa~ granted Mr. Swtlling.

The Speaker then announced the House adjourned until 9 o'clock to-morrow morning.

ATLANTA, GA.,
TuESDAY, July 14, 1908.

'fhe House met pursuant to adjournment at 9 o'clocl<, 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 of Chatham, Adams of Elbert, Adams of Wilkinson, Adkins, Alexander, Allen, Anderson of Bulloch, Anderson of Cobb, Arnold, Ashley, Atkinson, Austin, Ballard, Barksdale, Barrett, Barrow,
Bell. -

Berry,

Clifton,

Blackburn.

Collum,

Bond,

Cook of Chat'hoochee,

Bowen,

Cook of Telfair,

Boyd,

Cooke of Thomas,

Brown of, Carroll, Covington,

Brown of Oglethorpe, Couch,

Buchannon,

Cowan,

Burkhalter,

Crawford,

Burwell,

Crumbley,

Butt,

Culbreth,

Cal beck,

Daniel,

Callaway,

Davis,

Candler,

Davison,

Cannon,

Dean,

Chamlee,

Dickey,

Clark,

Donalson.

::270

JouRNAL oF 'fHE Housi:,

Dorminy,

Keith,

Dunbar,

Kendall,

Duggan,

Kendrick,

Dykes,

Lee,

Eaves,

Lively,

Edmondson,

Lumsden,

Edwards,

Lunsford,

Ellison,

Matthews,

Estes,

MacFarland,

~Fagan,

McCarthy,

Flanders,

Mcintyre,

Flannigan,

McMahan,

~Foster,

McMichael,

Fowler,

McMullan,

Fraser,

McWilliams,

Frier,

Martin,

Fullbright,

Massengale,

Furr,

Maxwell,

Geer,

Mays,

"Gibson,

Mercer,

Glenn,

:Moore,

Godley,

Morri~,

Goode,

Mundy,

Guyton,

Nix,

Hall,

Nowell,

Hamilton,

Odum,

Hardeman,

Orr,

Harris,

Parker,

H\aywood,

Parrish,

~Heard,

Payton,

Hill,

Perry,

Hines,

Persons,

Holder,

Peterson,

Howard,

Pope of Brooks,

Hubbard,

Pope of Dade,

:Huff,

Powell,

Huie,

Price of Bartow,

Hullender,

Price of Oconee,

_Jackson,

Reid of Macon,

_Johnson of Jaspet", Reid of Putnam,

Johnson of Jeff DaVis, Reid of Wilcox,

. Johnson of To'\Vhs, Rogers,

_]ones of Meriwether, Rountree,

_]ones of Mitchell,

Russell,

Ry:tls, Shaw, Sheffield, Simmons, Slade, Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Strickland, Stubbs, Sumner, Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, \Whitley, Williams, WiiSOR, Wise, Wootten, Wright of Floyd, Wright of Richmond, iWynne, Young, Mr. Speaker.

TuESDAY, JuLY 14, rgo8.

271

Those absent were Mess1 s.-
Atwater,

Mr. Foster of Cobb gave notice that at the proper time he would move to reconsider the action of the House in
not passing on yesterday House bill No. 69.
On motion of Mr. Wright of Floyd the reading of the Journal of yesterday's proceedings was dispensed with.
By unanimous consent the following bill was read the third time and put upon its passage, to wit:
By Mr. Massengale-
A bill to create the city court of Warrenton.
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 107, nays o.

The bill having received the requisite constitutional majority was passed.

The following special continuing order was taken up, read the third time and put upon its passage, to wit:
By Mr. Donalson of _Decatur-
A bill to extend thre time within which work shall be COOJmenced on the Georgia Southwestern & G'ldf Railroad.

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

On the passage of the bill the ayes were r 12, nays o.

27-l

JOURNAL OF THE HousE,

The bill having received the requisite constitutional majority was passed.

The following bills were also read the third time and put upon their passage by unanimous consent, to wit:

By Mr. Sumner of Turner-

A bill to amend an Act to create the city court of Ashbum, in the county of Turner.

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 I 14, nays o.

The bill having received the requisite constitutional

majority; was passed.



Mr. Holder, chairman of the Penitentiary Committee, submitted the following report :

Mr. Speaker:
The Committee on Penitentiary beg leave to submit the following report :

In compliance with a resolution passed at the last session of the General Assembly the convict camps of this State both felony and misdemeanor, were visited and thoroughly inspected last :November through sub-committees of five from the House and three from the Senate. Neither the State farm nor the reformatory, located near Milledgeville, have 'been inspected, but this will be done some time durin~ this session of the legislature.

. TuESDAY,

JuLY

14,

r9QS. .

There are twenty-three felony camps where convicts are worked by contractors, namely:

Ashley-Price Lumber Company, Douglas-Sawmilling.

Stetson Lumber Company, Arlington-Sawmilling.

Babcock Brothers Lumber Company, Ba:bcock-Sawmilling.

Bibb Brick Company, Macon-Brick-making.

Cherokee Brick Company, Macon-Brick-making.

Chattahoochee Brick Company, Atlanta-Brick-making.

Cruger & Pace, Albany-Brick-making.

Culbreath, T. G., Tarver-Turpentine.

Dorminy-Price .Lumber Company, Broxton-Sawmilfing.

Durham Coal and Coke Company, Pittsburg-Coatmining.

Flowers Lumber Company, Jakin-Sawmil1ing.
Flowers Bro~hers' Lumber Company, Blakely-Saw~ milling.

Georgia Iron & Coal Company, Ferrobutte-Iron oremining.

Baxter, G. S. & Co., Fargo-Sawmilling, etc~
~JJ.j . . .

JouRNAL oF TH Hous,
Holmes, Dr. J. B. S., Lake Park-Farming.
Lookout Mountain Coal & Coke Company, Pittsburg -Coal-mining.
Milltown Lumber Company, Milltown-S.awmilling.
Palmer Brick Company, Atlanta-Brick-making.
Royster Guano Company, Macon-Manufacturing guano.
Stanley, S. M., Valdosta-Turpentine.
Stevens, H. & Sons Company, Macon-Tile-making.
Muscogee Brick Company, Colum'bus-Brick-making.
Southern Lumber Company, Ti'fton-Turpentine.
State Farm, Milledgeville-Farming (men.)
State Farm, Milledgeville-Farming (women.)
Twenty-eight counties are working their pro rata share of felony convicts on the public roads. These counties are:
Bibb ................................ 43 Burke ..................... ......... 27 Clarke............................... I8 Coweta ............................. 24 Columbia . . . . . . . . . . . . . . . . . . . . . . . . . . . I I Dougherty . . . . . . . . . . . . . . . . . . . . . . . . . . I 2 DeKalb . . . . . .. . . . . . ... . . ............. 21 Elbert . . . . . . . . . .................. ; . . 18
Floyd ................................. 31

TuESDAY, JuLY 14, 1go8.

276

Fulton ............................. IIO Green .............................. IS Jackson .... : . ....................... 23 Jefferson . . . . . . . . . . . . . . . . . . . . . . . . . . . I 6 Jones ............................... I2 Johnson ............................ IO Laurens ............................ 24 Lee ................................ II Lincoln . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 McDuffie ............................ IO Morgan ............................ I4 Monroe ............................ I9 Ogletohorpe .......................... I7 Pulaski .............................. I8 Richmond . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Spalding . . . . . . . . . . . ... ~ . . . . . . . . . . . . I6 Terrell ............................ II Walton ............................. II Wilkes ............................. II

Sixty-three counties are working their misdemeanor eonvicts on the public thoroughfares, and the counties thus working them are as follows :

Appling, Baldwin, Berrien, Bartow, Bibb, Bulloch, Burke, "Ben Hill, Calhoun, Clarke,

Columbia, Clinch, Coweta, Chatham, Colquitt, Decatur, DeKalb, Dougherty, Early, Elbert,

276

JoURNAl, OF THE HoUSE,

Effingham, Emanuel, Floyd, Fulton, Green, Glynn, Ha1cock, Irwin, Jackson, Jasper, Jenkins, Johnson, Jones, Jefferson, Laurens, Lee, Lowndes, Lincoln, McDuffie, Miller,. Monroe, Morgan,

Muscogee, Newton, Oglethorpe, Putnam, Pulaski, Randolph, Richmond, Sumter, Screven, Spalding, Taliaferro, Telfair, Terrell, Thomas, Turner, Vv ashington, Ware, Walton, Warren, Wilkes, Worth.

Some counties hire out their misdemeanor convicts to private parties. The counties so hiring them out and the parties to whom they are hired are as follows :

Appling ................. 0 Beecher & Varnadoe

Baker .......................... Bowers & Kendall

Baker ... McConnell Brothers 0



Calhoun .................. Stetson Lumber Company

Coffee ............. 0 W. W. Stewart & Brother

Coffee .................... Riverside Brick Company

Coffee ............. : . .............. 0 D. B. Gray

TUESDAY, JULY 14, 1908.

. 277

Coffee ................... , .A. B. Fisher & Company Colquitt .................. ...... Pinson & Williams Decatur .................... T. J. Shingler & Brothe; Decatur ......................... Hodges & Powell Decatur ................. Chattahoochee L. Company I>ecatur . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G. L. Davis Decatur ................. Ball Naval Store Company Dougherty ........................ G. B. McConnell Franklin ........................... Little Brothers Jeff Davis . . . . . . . . . . . . . . . . . . A. T. Beach & Company Mitchell .................. Ball Naval Store Company Oglethorpe ........................... J. M. Smith Oconee ............................... J. D. Price Thomas .......................... Mills & Williams Turner . . . . . . . . . . . . . . . . . . . . . J. S. Betts & Company Worth ............................. M. G. Dupree
Worth .............................. J. D. Bridgec;
Worth .............................. T. J. Fowler Worth ....................... : ..... Conly & Pinson

The felony convicts are properly clothed and fed, humanely treated, the laws of the State, together with the rules of the Prison Commission, are complied with at all the camps except the following:
Bibb Brick Company, Cherokee Brick Company, Royster Guano Company, Stevens Pottery Company, and the Bibb Road Camp, all located in Bibb county. .
The complaints against them are that toe quality of the food is poor and badly prepared; the beds and bedding are not clean, a:nd at the brick companies the men are worked too hard at the brick machine and in loadirrg brick.

278

JoURNAL OF THE HOUSE,

The Chattahoochee Brick Company, located in Fulton county : Beds and bedding not clean, floors are filthy, and the dining-room not fit for human beings to eat in. Some of the men work at night and on Sunday.

Lookout Mountain convicts are required to wash their clothing on the Sabbath. Warden Maxwell violates the rules of the Prison Commission by indulging in profane language to and in the presence of the convicts.

Richmond County Road Camp: Sleeping quarters poor and camp apparently unsanitary.

Jones County Road Camp : Bedding and clothing scant and dirty. Beds and bedding very filthy.

Monroe County Road Camp : Cars are too small and beds dirty. Their condition is unsanitary. .

Spalding County Road Camp: Beds and bedding dirty. Cars too small and their condition unsanitary.

Floyd County Road Camp : In need of a mess-hall.

Fulton County Road. Camp : Floors dirty and clothing unclean.

The working of convicts on the public thoroughfares is a new experiment with many counties of fnis State, but at nearly all the road camps the convicts are not overw~rked, but are well fed, properly clothed and humanely treated. .

By a system of very thorough inspection the Prison Commission has contributed a great deal towards the proper care, mpnag($n~nt and itreatment of convicts, whether they are worked by contractors or on the public highways.

Tm:snAY, JuLY 14, rgo8.

279

There are five hundred and sixty-one misdemeanor convicts farmed out or sold to private individuals or corporations. This is done in the face of a statutory inhibition. At several of these camps the convicts are poorly sheltered and badly treated. T11ese camps being illegal, the Prison Commission has had no jurisdiction over them. No illegal camp should be allowed to exist in the State.

The Governor of this State was apprised of the findings of the several sub-committees and he suggested that a sa:ond inspa:tion be made of those camps wilere the sub-committees reported iregularities, and a non-compliance with the rules and regulations of the Prison Commission and a violation of the laws of the State. So, in April, otiler sub-committees were named to make a sa:ond inspection of i'he camps where iregularities were found. These second sub-committees made their inspection in April. The committees were notified only a few hours before they did the work, and the parties in charge of the camps had no hint of the sa:ond visit of tile sub-committees until they were on the premises.

These committees found that nearly all the camps, against which criticism was leveled by the first committees that inspected them in November had been greatly improved. In fact, no great irregularities were found at any of the camps located in: Bibb, Fulton, Riciunond and Floyd.

Having learned that several deputy wardens were receiving more money from the contractors than they were from the State, we communicated this information to the .Governor who da:lared, in very emphatic language, that if in his power to do so, this practice had to be stopped,

280

JoURNAL OF' THE HouSE,

and that he would have a conference on the subject with
.,the Prison Commission at once.
' 'The same information was also given to the Prison Commission, who declared that they were already apprised of this before we communicated it to them, and that already t!1ey were preparing to take steps to prevent same, and would do so as early as they could without jeopardizing the interests of the State and the welfare of the convicts.

Recently the Prison Commission have issued very stringent orders against any warden, deputy warden, guard or other employee of the Prison Commission receiving any emoluments from any source except the State so long as they were employed by the State. In other that no i-njustice should be done these employees it should be stated that they claim they were receiving compensation for legitimate services rendered the contractors, and that the service in no way conflicted w.ith their duties to the State. Being the custodians of the convicts and the representatives of the State in the handling, care and protection of convicts, we unhesitatingly say that no warden, deputy warden, guard or other employee should receive any remuneration for any service rendered from any source save that of the State, for that old adage comes to us that "No man can serve two masters." No warden can serve the State and contractor at the same time.

We were informed that the chief warden assisted certain lessees in sub-leasing their convicts, for. which he received pay. He admitted this to be true, but said it did not cOfllfiict with his duties as chief warden. This was reported to both the Governor and the Prison Commlsswn.

281
Complaints were made by the convicts at some of the -camps that the camp physicians do not make daily visita. tions to the camps.
A~ members of .the Penitentiary Committee we have endeavored to perform every duty imposed on us by the joint resolution passed at the last sessio111 of the General Assembly. It has been our most earnest desire to be derelict in not one single duty, however small. If we have been impelled to criticise the management of any camp -or the treatment of the convicts anywhere it has been, not because it gave us pleasure to do so, for, on the :contrary, it gave us great pain to make such a report. However, as true, faithful and honest servants of the state it is our duty to make a report in which we convey to the House the facts as we found them. Having done this, we have the approval of our consciences in having -discharged our full duty.
]NO. N. HOLDER, Chairman House Penitentiary Committee.
Mr. Slaton, chairman of the Committee on Rides, 'submitted the following report:
Mr. Speaker:
. Your Committee on Rules have had under consideration the following House resolution, and instructed me as their chairman to report same back to the House with the recommendation that same do pass by subs~itute, to wit:
A resolution to make House bill No. 723 a special order.
Also the following House resolution with the recommendation that same do pass, to wit:

282

JoURNAL OF THE HousE,

A resolution to make House bill No. 346 a special order.

Respectfully submitted.

]No. M. SLATON, Chairman.

The following message was received from the Senate through Mr. Northen, Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House, to wit :
A bill to amend an Act creating a board of commissioners of roads and revenues for the county of Putnam.
The Senate has concurred in the following resolution of the House, to wit:
A resolution to approve the application of the board of trustees of the University of Georgia for admission of the University of Georgia, such of its colleges and technical schools as may be eligible for participation in the rights and privileges of the Carnegie foundation fund.
The Senate has passed as amended the following resolution of the House, to wit:
A resolution to provide for the payment of $54.16 to W. A. McAllister for armory rent for the Fort Gaines Guards.
The following special order was read the third time and put upon. its passage, to wit :

TuESDAY, JuLY 14, 1go8.

28.3

By Mr. Fraser of Liberty-

A bill relating to the preservation, propagation and protection of game and fish, and for other purposes.

By unanimous consent the above bill was set as a spe-

cial and continuing order for next Monday immediately

after the confirmation of the Journal, and 200 copies or-

dered printed for the use of the House.



The following resolution was read and referred to the Committee on Rules, to wit :

By Mr. Huie of Clayton-

A resolution to make House bill No. 562 the special and continuing order for July 21 immediately after confirmation of J oumal.

On motion of Mr. Shaw of Clay the following resolution was taken up, to wit :

By Mr. Shaw of Clay-
A resolution providing for the appointment of a committee to investigate. certain charges made against the Prison Commission, and for other purposes.

Mr. Shaw proposed the following substitute, to wit:
A resolution providing for the appointment of a committee of three from the House and two from the Senate to investigate each and every department of the Prison Commission, convict camps, etc., and to report its findings to the present or next succeeding General Assembly, and for other purposes.

284

JoURNAL OF THE HOUSE,

The following amendments to the substitute was adopted, to wit:

By Mr. Holder-

To amend by inserting the words "by the joint Committee on Penitentiary of the House and Senate" after the word "attention," <it end of line 2.

By Mr. Wright of Richmond-

To amend by striking the words "and each and every convict camp of the State," and to add at the end of line 12 on page 2 of the resolution the following, "and that the duties of this committee shall be confined to an examination of the conduct and management of the Prison Commission and its officers and lessees."

By Mr. Covington-
. To amend by striking from same in line 23 the words, "or the next."

By Mr. Burwell of Hancock-

To amend by striking all of the substitute after the words "of this State," in line 12, page 2.

All of the above amendments to the substitute were agreed to.

On the adoption of the substitute as amended, Mr. Wright of Floyd called for the ayes and nays, which call was sustained, and the vote was as follows :

Those voting in the affirmative were Messrs.-

Adams of Chatham, Adams of Elbert,

Adams of Wilkinson,

286

Alexander,

Frier,

Parker,

Allen,

Fullbright,

Payton,

Anderson of Bulloch, Furr,

Perry,

Anderson of Cobb, Gibson,

Persons,

Arnold,

Glenn,

Pope of Brooks,

Ashley,

Godley,

Pope of Dade,

Atkinson,

Goode,

Powell,

Austin,

Hamilton,

Price of Bartow,

BaJlard,

Hardeman,

Price of Oconee,

Barrett,

Harris,

Reid of Macon,

Barrow,

H<~.ywood,

Reid of Putnam,

Bell,

Heard,

Reid of Wilcox,

Blackburn,

Hill,

Rogers,

Bond,

Hines,

Rountree,

Boyd,

Holder,

Russell,

Brown of Carroll,

Howard,

Ryals,

Brown of Oglethorpe, Hubbard,

Shaw,

Buchannon,

Huie,

Sheffield,

Burkhalter,

Hullender,

Simmons,

Burwell, Cal beck,

Jackson, Johnson of T~wns,

Smith of Calhoun, Strickland,

Candler,

Jones of Meriwether, Stubbs,

Chamlee,

Jones of Mitchell,

Sumner,

Clark,

Keith,

Swilling,

Clifton,

Kendall,

Taylor of Appling.

Collum,

Kendrick,

Taylor of Sumter,

Cooke of-Thomas, Lee,

Terrell,

Covington,

Lively,

Thurman,

Couch,

Matthews,

Tift,

Cowan,

MacFarland,

Tracy,

Daniel,

McCarthy,

Trent,

Davis,

Mcintyre,

Tuggle,

Davison,

McMahan,

Tyson,

Dean,

McMichael,

Walker of Milton,

Dunbar,

McMullan,

Walker of Wash'tonr

Duggan,

McWilliams,

Ward,

Dykes,

Martin,

Watkins,

Eaves,

Massengale,

White of Madison,

Edwards,

Maxwell,

White of Screven,

Ellison,

Mays,

,Whitley,

Fagan,

Mercer,

Williams,

Flanders,

Mtoore,

Wilson,

Flannigan,

Mundy,

Wright of Floyd,

Foster,

NiJr;

Wright of Richmond.

Fowler,

Nowell.

:wynne,

Fraser,

Orr,

Young,

2861

JouRNAL oF THE HousE,

Those voting in the negative were Messrs.-

Adkins, Barksdale, Berry, Butt, Donalson,

Estes, Hall, Huff, Johnson of Jasper, Lumsden,

Slade, Slater, Stewart, Thorne, Wootten,

Those not voting were Messrs.-

Atwater,

Dickey,

Parrish,

Bowen,

Dorminy,

Peterson,

Callaway,

Edmondson,

Smith of Campbell,

Cannon,

Geer,

Stephens,

Cook of Chat'hoochee, Guyton,

Townsend,

Cook of Telfair,

Johnson of Jeff Davis, Walker of Lowndes,

Crawford,

Lunsford,

Warnell,

Crumbley,

Morris,

Wise,

Culbreth,

Odum,

Mr. Speaker.

By unanimous consent the verification of the roll-call was dispensed with.

On the adoption of the substitute the ayes were 141, nays 15.
The substitute was therefore adopted.

The resolution was then adopted by substitute as -amended.

Mr. Covington, chairman of the Committee on Railroads submitted the following report :

Mr. Speaker:

Your Committee on Railroads having had under consideration House bill No. 264, being a bill to prevent the selling of tickets for Sunday use at less 'than regular rate,

TUESDAY, JuLY I4, Igo8.

287

beg leave to return the same to the House with the recommendation that the same do pass.

July I4, I.907.

W. A. CoviNGTON, Chairman.

Mr. Anderson, vice-chairman of Committee on General Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary having had under consideration the following- bills of the House, instructed me as their vice-chairman to report same back to the House with the recommendation that same do not pass, to wit :
A bill to amend section I 116 of the Code of I895
A bill to amend section 1082 of the Code of I895
Respectfully submitted.
J. A. J. HENDERSON, Vice-chairman.

Mr. Donalson, chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters has had under consideration the following House bills and House resolution No. 2I5, and as its chairman I am instructed to report the same back to the House as follows, to .wit:
House resolution No. 2I5, do pass.

288 .

JoURNAL OF THE HouSE;

House bill No. 943, do pass.

House bill No. 970, do pass.

House bill No. 902, do pass.

Hou~e bill No. 205, do pass by substitute.

Respectfully submitted.

ERLE M. DoNALSON, Chairman.

Mr. McMichael, chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration House bill No. 881, and instructs me as its Chairman to report that the same "do pass as amended."
Respectfully submitted.
E. H. McMICHAEL, Chairman.

Mr. McMahan, chairman of the Committee on State University, submitted the following report:
Mr. Speaker:
Your Committee on University and Branches has had under consideration Senate bill No. 2, and instruct me as their chairman to report the same back with the recommenaation that the same do pass.
Respectfully submitted.
J. J. C. McMAHAN, Chairman.

TuESDAY, JuLY 14, 1908.

289

The following resolutions were read and referred to the Committee on Rules, to wit :

By Messrs. Frier and Whitley-

A resolution to make House bill No. 417 the special or-. der for July 23, 1908.

By Mr. Mundy-

A resolution to make House bill No. 273 a special order.
By unanimous consent the following bills were read the first time, to wit :

By Mr. Hall of Bibb-
A bill to change the time of meeting of the General As.... semhly.
Referred to Committee on Constitutional Amendments~

By Messrs. Young and Tuggle-
~\ hill to change the time of holding the terms of the snpi'r;cr court of Troup county.

Referred to General Judiciary Committee.

By Mr. Alexander of DeKalb-A bill to amend the charter of the town of Kirkwood, Referred to Committee on Corporations.
. 19 bj

290

}OUR:NAL OF THE HoUSE,

By Mr. Swilling-

A bill to authorize the city of LaYonia to cr<:ate and maintain a system of public schools.

Rt>ferred to Committee on Education.

By Mr. Maxwell-

A bill to create the city court of Jeffersonville.

Referred to Special Judiciary Committee.

By Mr. Heard of Dooly-

A bill to amend an Act to create the Department of Banks and Banking.

Referred to Committee on Banks and Banking.

By Mr. Reid of Macon-

A bill to amend an Act to create the city court of Oglethorpe.

Referred to Counties and County Matters Committee.

By Messrs. Blackburn and Bell-

A bill to .amend an Act to provide a new charter for the town of East Point.

Referred to Special Judiciary Committee.

By Mr. Berry of Union-

A bill to prohibit the sale of any article as a beverage containing alcohol.

Referred to Committee on Temperance.

TuESDAY, JULY J4, 1908.

291

By Messrs. Slaton, Blackburn and .Bell-

A bill to amend an Act to amend an Act to create a new charter for the city of Atlanta.
Referred to Special Judiciary Committee.

By Mr. White of Madison-
A bill to amend section g82, volume 1 of the Code so as to make the town of Comer a State depository.

Referred to Committee on Banks and Banking.

By Messrs. Alexander, Burwell, Candler, Covington, and

Wright of Floyd-



A bill to prohibi~ the farming out of convicts or their labor, and authorize an issue of bonds for taking over convicts, and for other purposes.

Referred to Committee on Constitutional Amendments.

By Mr. McWilliams-.
A bill to provide for place where ballots should be deposited, received and counted.

Referred to Special Judiciary Committee.

By Mr. OrrA bill to create the city court of Newnan.

Referred to Special Judiciary Committee.

292

JoURNAL OF THE HouSE,

By Mr. Chamlee of Floyd-
A bill to provide how minors over fourteen years oi age may receive the benefits of scholarships.
Referred to Committee on Education.

By Mr. Davison of Greene-
A resolution to pay Mrs. L. H. Ledsinger for copyin~ pension rolls.
. Referred to Committee on Appropriations.

By Mr. Lee of Glynn-
A bill to amend Act to create the city court of Brunswick.
Referred to Special Judiciary Connnittee.

By Mr. Payton-
A bill to impose a tax upon such domestic animals as are destructive of property, especially dogs.

Referred to General Agricultural Committee. .

By Mr. Lee of Glynn-

A bill to amend the charter of the city of Brunswick_

Referred to Committee on Corporations.

By Mr. FlandersA bill to create the city court of Wrightsville.

Referred to Special Judiciary Committee.

Tu~SDAY, JuLY 14, 1908.

293

By Mr. Lee of Glynn-

A bill to authorize the commissioners of Glynn county to issue bonds.

Referred to Counties and County Matters Committee.

By Mr. Lee of Glynn-

A bill to amend an Act to incorporate the city of Brunswick.

Referred to Committee on Corporations.

By Mr. Couch of Coweta-

A bill to amend section 574, volume 1 of the Code.

Referred to Counties and County Matters Committee.

By Mr. Hall of Bibb-

. A bill to authorize corporations or individuals to construct dams across non-navigable streams, and for other purposes.

Referred to General Judiciary Committee.

By Mr. Tyson of Emanuel-

A resolution topay Geo. M. Brinson $so.oo.

Referred to Committee on Appropriations.

By Mr. Payton of Worth-

A resolution to reimburse J. C. Rogers for money paid on certain bond of Eddie Harris.

Referred to Committee on Penitentiary.

294

JouRNAL oP THE HousE,

By Mr. PaytonA resolution to pay pension to Jno. R. Edwards.

Referred to Committee on Pensions.

By Mr. Holder-
A resolution to make House bill No. 346 a special and continuing order for July 16.

The above resolution was adopted.

Leave of absence was granted Messrs. Bowen of Tift and Dorminy of Ben Hill.

The hour of adjournment having arrived the Speaker announced the House adjourned until 9 o'clock tomorrow mornmg.

ATLANTA, GA.,
WEDNESDAY, July 15, 1908.

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 of Chatham, Adkins,

Adams of Elbert,

Alexander,

Adams of Wilkinson, Allen,

Anderson of Bulloch, Anderson of Cobb, Arnold.

WEDNESDAY, Jm.v IS, I9QS.

295.

Ashley,

Dykes,

Lively,

Atkinson,

Eaves,

Lumsden,

Austin,

Edmondson,

Lunsford,

Ballard,

Edwards,

Matthews,

Barksdale,

Ellison,

MacFarland,

Barrett,

Estes,

McCarthy,

Barrow,

Fagan,

Mcintyre,

Bell,

Flanders,

McMahan,

Berry,

Flannigan,

McMichael,

Blackburn,

Foster,

McMullan,

Bond,

Fowler,

McWilliams

Bowen,

Fraser,

Martin,

Boyd,

Frier,

Massengale.

Brown of Carroll,

Fullbright,

Maxwell,

Brown of Oglethorpe, Furr,

Mays,

Buchannon,

Geer,

Mercer,

Burkhalter,

Gibson,

Moore,

Burwell,

Glenn,

Morris,

Butt,

Godley,

Mundy,

Cal beck,

Goode,

Nix,

Callaway,

Guyton,

Nowell,

Candler,

Hall,

Odum,

Cannon,

Hamilton,

Ort,

Chamlee,

Hardeman,

Parker,

Clark,

Harris,

Parrish,

Clifton,

Haywood,

Payton,

Collum,

Heard,

Perry,

Cook of Chat'hoochee, Hill,

Per song,

Cook of Telfair,

Hines,

Peterson,

Cooke of Thomas, Holder,

Pope of Brooks,

Covington,

Howard,

Pope of Dade,

Couch,

Hubbard,

Powell,

Cowan,

Huff,

Price of Bartow,

Crawford,

Htiie,

Price of Oconee,

Crumbley,

fl'ullender,

Reid of Macon,

Culbreth,

Jackson,

Reid of Putnam,

Daniel,

Johnson of Jasper, Reid of Wilcox,

Davis,

Johnson of Jeff Davis, Rogers,

Davison,

Johnson of Towns, Rountree,

Dean,

JoJles of Meriwether, Russell,

Dickey,

Jones of Mitchell,

Ryals,

Donalson,

Keith,

Shaw,

Dorminy,

Kendall,

Sheffield,

Dunbar,

Kendrick,

Simmons,

Duggan,

Lee,

Slade,

296

JoURNAL OF THE HouSE,

Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Strickland, Stubbs, Sumner, Swilling, Taylor of Appling, Taylor of Sumter, Terrell, 'Thorne,

Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, W"alker of Lowndes, Walker of Milton, Walker of Wash'ton, Wara, Warnell, Watkins,

White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten. Wright of Floyd, Wright of Richmond, Wynne, Young, Mr. Speaker.

Those absent were Messrs.-

Atwater,

By unanimous COl}Sent_ the reading of the Journal of yesterday's proceedings was dispensed with:

By unanimous consent the following bill was read t:1e third time and put upon its passage, to wit:

By Mr. Ryals of Bibb-
A bill to provide for a third Sttate depository in the city 'Of Atlanta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed tQ.
On the passage of the bill the ayes were 9(5, nays o.

The bill having received the requisite constitutional majority was passed.

By unanimous consent the morning's session was extended ten minutes. for the purpose of reading all bills a second time.

297

Mr. Nowell, chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
Your Committee on Corporations have had under con,. .sideration the following bills of the House and Senate, and direct me as their chairman to report same back to fue House with recommendation that same do pass, to wit:

An Act to create a new charter for the city of Jackson.

An

Act

to

amend .

the.

charter

of

the

city

of

Griffin.

An Act repealing an Act establishing a new charter for -the town of Franklin.

An Act to amend the charter of the city of Norcross.

An Act to authorize the mayor and council of Decatur -to issue bonds.

An Act to authorize the mayor and council of Decatur to issue bonds for the purpose of enlarging the waterworks system.

SEN ATE BILL. An Act to amend the charter of the town of Shellman.

Respectfully submitted.
HAL. G. NowELL, Chairman.

Mr. Martin, chairman of the Committee on General .Agriculture, submitted the following report:

298

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on General Agriculture having had under consideration the following House bill, instructed me as their chairman to report same back to the House with the recommendation that same do pass, to wit:

A bill to exempt farm products from taxation for twelve months from time of harvest.

Respectfully submitted.

L. H .. 0. MARTIN, Chairman.

Mr. Blackburn, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary having had under consideration the following House bills, instructed me as their chairman to report same back to the House with the recommendation that same do pass, to wit:
A bill to amend section 61 of Code of 1895 relative to voting.
A bill to change time of holding Glascock superior court.
A bill to require certain hotels to furnish mosquito bars.
A bill to amend section 2760, Code of 1895, relativeto manner of foreclosing mortgages on personal property.
A bill to provide for appointment of two special bai-liffs in certain counties.

"WEDNESDAY, }ULY IS, Igo8.

299'

A bill to amend Act creating city court of Monticello.
A bill to amend Act providing for holding of four terms of Gwinnett superior court.

A bill to change time of holding Tift superior cqurt.

A bill to repeal county court Act i11 so far as same applies to Walker county.

A bill to authorize town of Calhoun to convey by deecl a certain parcel of the town common to G. L. Gardner.

Respectfully submitted. R. B. BLACKBURN, Chairman.

Mr. Candler, chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker: .
Your Committee on Appropriations have had under consideration the following resolution, and instruct me as their chairman to report same back with the recommendation that it do pass :
By Mr. Burwell-
For relief of W. M. Hut.chinson.
Respectfully submitted.
C. M. CANDLER, Chairman.

The following message was received from the Senatethrough Mr. Northen, Secretary thereof:

300

JOURNAL OF THE HOUSE,

Mr. Speaker:

The Senate has adopted the following resolution, in which the concurrence of the House is respectfully asked, to wit:

A resolution providing for a joint committee of three from the Senate and five from the House of Representatives to investigate charges against the convict system of Georgia.

The following message was received from the .Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed as amended, by the reqmstt.! constitutional majority, the following House bill, to wit:
A bill to appropriate ten thousand dollars to the trustees of the University of Georgia for the use of the State Normal School at Athens.

By unanimous consent the following bill was read the second time and recommitted, to wit:
By :Mr. Swilling of Franklin-
A bill to authorize the city of Lavonia to establish and maintain a system of public schools.

On moti'on of Mr. Hall of Bibb, the session of this morning was extended for five minutes for the purpose of introducing and reading bills and resolutions a first time.

Mr. Barrett, of Stephens, in accordance with his previ-

WEDN~DAY, ]ULY IS, I9Q8.

301

ous notice, moved to reconsider the action of the House in passing House bill No. 37, which prescribes the penalty for non-delivery of messages by telegraph companies~ which motion was lost.
Mr. Foster of Cobb moved that the House reconsidei-
its action in defeating House bill No. 69, relative to the
payment of pensions, which motion prevailed.
Mr. Rogers of Randolph, vice-chairman of the Committee on Roads and Bridges, submitted the following report:
Mr. Speaker:
The Committee on Roads and Bridges has had under consideration the following bills and report rhe same back with the recommendation that they do pass, to wit:

A bill entitled an Act to define who are subject to road duty in Georgia, and for other purposes.

Committee recommend this do pass.

A bill entitled an Act to provide for the construction and maintenance of macadamized roads between the counties in the State of Georgia.

This bill is tabled for further action.
A bill to be entitled an Act to regulate the running of automobiles, locomobiles and other vehicles and conveyances whose motive power is other than animals, etc.~ along and .over the highways of this State, and for other purposes.

The committee recommends this bill do pass.

W. T. RoGERS, Secretary.

.:302

JOURNAL OF THE HoUSE,

Mr. Hall of Bibb moved to reconsider the action of the House in passing on yesterday a resolution providing for the investigation of the Prison Commission, which motion was lost.

By unanimous consent, the following bills were read .the second time, to wit:

By Messrs. Duggan and W qlker of Washington-

A bill to provide f.or the election of the judge and solicitor of the city court of Sandersvllle.

By Mr. Burwell of Hancock-
A bill to amend an Act to create the city court of Sparta.

By Mr. Lumsden of White-

A bill to amend an Act to create a board of commissioners of turnpike roads in this State.

By Mr. Thurman-

A bill to repeal an Act entitled an Act to repeal an Act to cre.ate the county court of Walker county.

On motion of Mr. \Vhitley, House bill No. 875 was taken from the Committee on Hygiene and Sanitation and committed to Committee on Appropriations.

By unanimous consent the following bills were read -:the first time, to wit :

303 By Mr. Glenn of Whitfield-
A bill to amend section 2814 of the Code, and for other purposes.
Referred to General Judiciary Committee.
By Mr. GlennA bill to amend section 326 of the Code as amended
making more specific the crime of barretry.
Referred to General Judiciary Committee.
By Mr. GlennA bill to amend section 4429 of the Code providing
for removal of attorneys at law for special causes.
Referred to General Judiciary Committee.
By Mr. Payton of WorthA bill to amend paragraph 2, section I, article I I, of
the Constitution relative to the creation of new counties.
Referred to Committee on Constitutional Amendments.
By Mr. walker of Milton. A bill to amend paragraph 2, section 7, article 6 of the Constituti'on.
Referred to Committee on Constitutional Amendments.

304

JOURNAL OF THE HousE,

By Mr. Collum of Schley-

A bill requiring fertilizer manufacturers to brand the amount of filler contained in fertilizers.

Referred to General Agricultural Committee.

By Mr. Huff of Lumpkin-

A bill to create in each county the office of county commissioner of agriculture.
Referred to General Agricultural Committee.

By Mr. Johnson of Jasper-
A resolution requesting the Governor to report the fact of the suspension of Hon. Jos. M. Brown from the Railroad Commission.

Lay on table one day.

By Mr. Hubbard of Dawson-

A resolution to pay pension due Thomas Honea to his widow.
Referred to Committee on Pensions.

By Mr. Ward of Coffee-

A bill to amend an Act entitled an Act to amend an Act to create the city court of Douglas.
Referred to Committee on Corporations.

WEDNESDAY, JuLY 15, 1908.

305

By Mr. FullbrightA b11l to amend an Act to create the city court of
Waynesboro. Referred to Special Judiciary Committee.
By Mr. Pope of BrooksA bill to incorporate the town of Dixie, in Brooks
county. Referred to Committee on Corporations.

By unanimous consent the following bill was read the second time and recommitted, to wit:
By Messrs. Alexander, Burwell, Candler, Covington and Wright of Floyd-

A bill to prohibit the hiring out of convicts or thei! labor, etc.

The following resolutions were read, to wit: By Mr. Payton-

A resolution to make House bill No. 362 a special order.

Referred to Committee on Rules.
By Mr. Adams of Chatham-
A resolution to make House bi11 No. 47 a special
Qrder.

Referred to Committee on Rules.
20 h

306

JouRNAL oF THE House,

By Mr. Foster of Cobb-
A resolution to make House Bill No. 69 a special order.
Referred to Committee on Rules.
On motion of Mr. Wise Senate resolution No. 20 was taken from the table and placed on the calendar.

The following Senate bills were read the third time and put upon their passage, to wit:

By Mr. Hardman of 33d district-
A bill to amend an Act to appropriate $Ioo,ooo for the building of an agricultural college at Athens.
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 92, nays 7
The bill having received the requisite constitutional majority was passed.

By :\Ir. Born of 34th district-
A bill to prohibit the giving of frartks and passes by corporations of this State, and for other purposes.
Mr. Hall of Bibb moved that the above bill be mdefinitely postponed.

The previous question was called and the main question ordered.
On the motion to indefinitely postpone Mr. Wright of

WEDNESDAY, JuLY 15, Igo8.

307

Floyd called for the ayes and nays, which call was sustained and the vote was as follows:

Those voting in the affi1"mative were Messrs.-

Adams of Chatham, Adams of Elbert, Allen, Anderson of Bulloch, Arnold, Ashley, Barksdale, Barrow, Bell, Berry, Blackburn, Boyd, Brown of Oglethorpe, Buchannon, Butt, Clifton, Culbreth, Davison, Dunbar, Dykes,

Fagan, Fowler, Fraser, Fullbright, Geer, Glenn, Godley, Hall, Harris, Haywood, Heard, Howard, Huff, Johnson of Jasper, Lively, Lumsden, l\Iatthews,
~McCarthy,
::\Ici\fullan,

Martin, Maxwell, Mercer, Nowell, Parrish, Perry, Peterson, Price of Oconee, Reid of Macon, Russell, Ryals, Slatet, Stephens, Taylor of Appling, Terrell, Thorne, Tift, Trent, \Valker of Wash'ton.

Those voting m the negative were Messrs.-

Adkins,

Covington,

Alexander,

Couch,

Anderson of Cobb, Cowan,

Atkinson,

Crawford,

Austin,

Daniel,

Ballard,

Davis,

Bond,

Dean,

Brown of Carroll,

Dickey,

Burkhalter,

Donalson,

Burwell,

Duggan,

Calbeck,

Eaves,

Candler,

Edwards,

Chamlee,

Ellison,

Clark,

Flanders,

Cook of Chat'hoochee, Flannigan,

Cooke of Thomas, Foster,

Frier, Furr, Gibson, Goode, Hamilton, Hill, Hines, Holder, Hubbard, Huie, Hullender, Jackson, J ohnsoti of Towns, Jones of Meriwether Jones of Mitchell, Keith,

308
Kendall, Kendrick, MacFarland, Mcintyre, McMalian, McMichael, McWilliams, Massengale, Mays, :Moore, Morris, Mundy, Orr, Parker, Payton,

JouRNAL oF THE HoL:sg,

Persons, Pope of Dade, Powell, Reid of Putnam, Reid of Wilcox, Rogers, Sheffield, Slade. Smith of Campbell, Stewart, Strickland, Stubbs, Swilling, Taylor of Sumter, Thurman,

Tracy, Tuggle, Walker of Milton, Ward, Watkins, White of Madison, White of Screven, Whitley, Williams, Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young,

Those not voting were Messrs.-

Adams of Wilkinson, Atwater, Barrett, Bowen, Callaway, Cannon, Collum, Cook of Telfair, Crumbley, Dorminy, Edmondson,

Estes,

Shaw,

Guyton,

Simmons,

Hardeman,

Smith of Calhoun,

Johnson of Jeff Davis, Sumner,

Let!,

Townsend,

Lunsford,

Tyson,

Nix,

Walker of Lowndes.

Odum,

Warnell,

Pope of Brooks,

Wilson,

Price of Bartow,

Mr. Speaker.

Rountree,

By unanimous consent the verification of the roll call was dispensed with.

On the motion to indefinitely postpone, the ayes were 58, nays 93 The motion was therefore lost.

Leave of absence was granted Mr. Butt of Fannin.

The hour of adjournment having arrived, the Speaker announced the house adjourned until 9 o'clock tomorrow morning.

THURSDAY, }ULY 16, 1908.

309

Thursday, July 16, 1908.

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 an_,,,ered to their names :

Adams of Chatham, Candler,

Fagan,

Adams of Elbert,

Cannon,

Flanders,

Adains of Wilkinson, Chamlee,

Flannigan,

. Adkins,

Clark,

Foster,

Alexander,

Clifton,

Fowler,

Allen,

Collum,

Fraser,

Anderson of Bulloch, Cook of Chat'hoochee, Frier,

Anderson of Cobb, Cook of Telfair,

Fullbright,

Arnold,

Cooke of Thomas, Furr,

Ashley,

Covington,

Geer,

Atkinson,

Couch,

Gibson,

Austin,

Cowan,

Glenn,

Ballard,

Crawford,

Godley,

Barksdale,

Crumbley,

Goode.

Barrett,

Culbreth,

Guyton,

Barrow,

Daniel,

Hall,

Bell,

Davis,

Hamilton,

Berry,

Davison,

Hardeman,

Blackburn,

Dean,

Harris,

Bond,

Dickey,

Haywood,

Bowen,

Donalson,

Heard,

Boyd,

Dorminy,

Hill,

Brown of Carroll,

Dunbar,

Hines,

Brown of Oglethorpe, Duggan,

Holder,

Buchannon,

Dykes,

Howard,

Burkhalter,

Eaves,

Hubbard,

Burwell,

Edmondson,

Huff,

Butt,

Edwards,

Huie,

Cal beck,

Ellison,

Hullender,

Callaway,

Estes,

Jackson,

310

JouRNAL OF THE HouSE,

Johnson of Jasper, Orr,

Johnson of Jeff Davis, Parker,

Johnson of Towns, Parrish,

Jones of Meriwether, Payton,

Jones of Mitchell,

Perry,

Keith,

Persons,

Kendall,.

Peterson,

Kendrick,

Pope of Brooks,

Lee,

Pope of Dade,

Lively,

Powell,

Lumsden,

Price of Bartow,

Lunsford,

Price of Oconee,

Matthews,

Reid of Macon,

MacFarland,

Reid of Putnam,

McCarthy,

Reid of Wilcox,

Mcintyre,

Rogers,

McMahan,

Rountree,

McMjchael,

Russell,

McMuUan,

Ryals,

McWilliams,

Shaw,

Martin,

Sheffield,

Massengale,

Simmons,

Maxwell,

Slade,

Mays,

Slater,

Mercer,

Smith of Calhoun,

Moore,

Smith of Campbell,

Morris,

Stephens,

l\1."undy,

Stewart,

Nix,

Strickland,

Noweii,

Stubbs,

Odum,

Sumner,

Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, . VI/alker of Lowndes, Walker of Milton, \Valker of Wash'ton, Ward, Warnell, \Vatkins, \Vhite of Madison, \Vhite of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young, Mr. Speaker.

Those absent were Messrs.-

Atwater,

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

By unanimous consent the following bills were read the third time and put upon their passage, to wit:

THURSDAY, JuLY 16, 1908.

311

By Mr. Burwell-
A bill to amend an Act to create the city court of Sprta.
The report of the committee, which was favorable to the passage of the btll, was agreed to.
On the passage of the bill the ayes were 92, nays o.

The bill having received the requisite constitutio11al majority was passed.

By Mr. Burwell-

A resolution for the relief of A. N. Hutchinson of . Hancock county.

An appropriation being involved, the Speaker resolved the House into a committee of the whole and designated as chairman .Mr. Fullbright of Burke.

After a consideration of the resolution the committee arose and through their chairman reported the same back with the recommendation that it do pass.
The report ~f the committee was agreed to.

On the passage of the resolution the ayes and nays were ordered, "hich was as follows :

Those voting in the affirmative were Messrs.-

Adams of Chatham, Adams of Elbert, Adams of Wilkinson, Adkins, Alexander,

Allen, Anderson of Bulloch, Anderson of Cobb, Arnold, Atkinson,

Austin, Ballard, Barrett, Blackburn, Bon,d,

312

JoURNAL OF THE HouSE,

Brown of Oglethorpe; Godley,

Pope of Brooks,

Buchannan,

Goode,

Pope of Dade,

Burkhalter,

Hall,

Powell,

Burwell,

Hamilton,

Price of Bartow,

Butt,

Hardeman,

Price of Oconee,

Cal beck,

Harris,

Reid of Macon,

Callaway,

Haywood,

Reid of Putnam,

Candler,

Heard,

Reid of Wilcox,

Cannon,

Holder,

Rogers,

Chamlee,

Howard,

Ryals,

Clifton,

Hubbard,

Shaw,

Collum,

Huff,

Slade,

Cook of Chat'hoochee, Hullender,

Slater,

Cooke of Thomas,

Johnson of Jasper,

Smith of Campbell~

Covington,

Johnson of Jeff Davis, Stephens,

Couch,

Johnson of Towns, Stewart,

Cowan,

Jones of Meriwether, Strickland,

Crawford,

Jones of Mitchell,

Swilling,

Culbreth,

Keith,

Taylor of Appling,

Daniel,

Kendrick,

Thorne,

Davis,

Lee,

Thurman,

Davison,

Lively,

Townsend,

Dean,

Lumsden,

Tracy,

Dickey,

MacFarland,

Trent,

Duggan,

McCarthy,

Tuggle,

Dykes,

McMahan,

Tyson,_

Eaves,

McMullan,

Walker of Wash'ton,

Edmondson,

Massengale,

Ward,

Edwards,

Maxwell,

Watkins,

Estes,

Mays,

White of Madison,

Fagan,

Moore,

\Vhite of Screven,

Flanders,

Mundy,

Whitley,

Fowler,

Nix,

Williams,

Fraser,

Nowell,

'Vilson,

Frier,

Odum,

;\Vootten,

Fullbright,

Orr,

Wright of Floyd,

Furr,

Parke,.,

Wynne,

Gibson,

Parrish,

Young,

Glenn,

Persons,

Those not voting were Messrs.-

Ashley, Atwater,

Barksdale, Barrow,

Bell, Berry,

THURSDAY, JuLY 16, 1908.

313

Bowen, Boyd, Brown of Carroll, Clark, Cook of Telfair, Crumbley, Donalson, Dorminy, Dunbar, . Ellison, Flannigan, Foster, Geer, Guyton, Hill, Hines,

Huie, Jackson, Kendall, Lunsford, Matthews, Mcintyre, McMichael, McWilliams, Martin, Mercer, Morris, Payton, Perry, Peterson, Rountree,

Rtissell, Sheffield, Simmons, Smith of Calhoun, Stubbs, Sumner, Taylor of Sumter, Terrell, Tift, \Valker of Lowndes, \Valker of Milton, \Varnell, Wise, \Vright of Richmond, l\Ir. Speaker.

By unanimous consent, the Yerification of the roll call' was dispensed with.

On the passage of the resolution the ayes were IJ!, nays o.

The resolution having received the requisite consfitut:onal majority was passed.

By unanimous consent the following bill was read the first time, to wit :

By ~fr. Slade of Muscogee-

A bill to amend the Constitution of this State so as to define the qualifications of voters and provide for registration, etc., and for other purposes.

Ordered engrossed.

By unanimous consent the following resolution was read, to wit:

314

JouRNAL oF THE Hous~,

By Mr. Candler-

A resolution to make Senate resolution No. 37 1 special order for this morning.
Referred to Committee on Rules.

The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by the reqms1te constitution.ll majority the following Senate bills to wit:

A bill to regulate the conduct of telegraph operators and train dispatchers of public carriers in this State.

Also a bill to prmide for the qualification of convict warden and guard.
Also, a bill to provide for the organization of voltmteer military companies to be known as "Georgia Voltlilteers."

The following bill, which was made the special order for this morning, was read the third time and put upon its passage, to wit:

By :Mr. Holcler of Jackson-
A bill to provi'de for the hire of the labor of certaia felony convicts for a period of five years; to provide for the work of certain other felony convicts on publk: roads and public works and to regulate misdemeano;-chaingangs and for other purposes.

THURSDAY, }ULY I6, Igo8.

315

After a consideration of the bill the committee arose. and through their chairman, reported progress and asked leave to sit again.

By unanimous consent the following resolution was read and referred to the Committee on Rules, to wit :

By Mr. Butt of Fannin-
A resolution to make House bill No. I I I the special Order for July 2 I.

Mr. Parker, 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 the following Acts, to wit:

An Act to abolish the county court of Effingham, to dispose of the business therein, and for other purposes.
An Act to establish the city court of Springfield, m the county of Effingham.

By unanimous consent the following bills were read the first time to wit:

By Mr. Blackburn-

A bill to appropriate $5,000 to the Soldiers Home of Georgia.
Referred to the Appropriation Committee.

316

JOURNAL OF THE HousE,

By Mr. Bullard of Newton-

A bill to create a system of public schools for the town of Mansfield.
Referred to Committee on Corporations.

By Mr. Buchanan of Early-

A bill to regulate the practice of professional pianotuners.

Referred to Special Judiciary Committee.

By Mr. Davison of Greene---:.
A resolution for relief of J. W. Turner.
Referred to County and County :Matters Committee;

Leave of absence was granted Messrs. Brown of Carroll, Matthews, Warnell, Burkhalter, Furr, Mays.

The hour of adjournment having arrived. the Speake;.announced the House adjourned until 9 o'clock tomorrcw morning.




317
ATLANTA, GA.
. Friday, July 17, 1908.
The House met pursuant to adjournment at 9 o'clod~ :a.m. this day; 'vas called to order by the Speaker and opened with prayer by the Chaplain.
By. unanimous consent the call of the roll was dispensed with~
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The following resolution was read and adopted as .amended, to wit:
By Mr. Candler-
A resolution to make Senate resolution No. 37 an immediate. special order.
The committee proposed to amend the resolution by limiting. debate to ten minutes, which amendment was adopted.
The resolution was then adopted as amended.
The followfng resolution, favorably reported by the Committee on Rules, was read, to. wit:
By Mr. Shaw-
A !resolution to make House bill No. 826 a special order.



318

JouRNAL OF THE HoUSE,

:Mr. \Vise proposed to amend the above 'resolution by striking the word "immediately," at the end. of the resolution.
The resolution was adopted as amended.

l\fr. Hall, chairman of the Committee on Rules, submitted the following report :

Mr. Speaker:
I am directed by the Committee on Rules to repot t back to the House House resolution No. 252, making Senate resolution No. 37 an immediate special order th:s morning, with the reconu11endation that it do pass with the following amendments, to wit:
1. That debate on the Senate resolution be limited to ten minutes, at the expiration of which time rhe previous question shall be considered ordered.

2. That this resolution shall not displace the convict lease bill now under consideration as the special continuing order, but that consideration of said bill shall be resumed immediately after action by the House on Senate resolution No. 37

Respectfully submitted.

Jos. H. HALL, Chairman.

Unanimous consenfwas granted that the House should suspend consideration of the convict bill at 12:45 o'clock and that the remainder of the session be devoted to the reading of local bills a second time.

319
Mr. wright of Floyd moved that the session be extended for fifteen minutes for the purpose of granting unanimo~ts consent, which motion pre,ailed.
The following resolution was read and adopted, to wit:
By Mr. FullbrightA resolution fixing the order of business for tomor-
row's session as follows :
First-Introduction of new matter.
Second-Reports of standing committees.
Third-Reading local House bills second time.
Fourth-Reading local House bills third time. Fifth-Reading Senate bills first tt.me.
Sixth-Reading local Senate bills second time.
Seventh-Reading local Senate bills third time.
The following Senate resolution, which was made a special order for this time, was read and concurred in, to wit:
By Mr. Felder of 22d district-
A resolution providing for a joint committee to investigate certain charges against the Prison Commis-
SIOn.
On motion of Mr. Holder of Jackson the following

320

JouRNAL oF THE HousE,

~ontinuing special order, which was brought oyer as un.finished business from yesterday's session, was agata taken up, to wit:

By ).fr. Holder of Jackson-

A bill providing for the disposition of convicts, and for

other purposes.



The Speaker again resolved the House into a committee of the \Yhole and ).1r. Dunbar of Richmond resumed the chair.

After a further consideration of the bill, the committee arose and through its chairman reported progress and asked for leave to sit again.

By unanimous consent the following bills were read the second time, to wit:

By ::\fr. Slade of :\Iuscogee-

A bill to amend the Constitution so as to define the qualifications of voters, and for other purposes.

By M_r. Boyd-

A bill to amend the charter of the city of Griffin.

By Messrs. Alexander and Campbell-

A bill to a-uthorize the city of Decatur to issue bonds for school buildings, etc.

By Messrs. Nix and \~Tilson-

A bi11 to amend the charter of the city of Norcross.

FRIDAY, JuLY 17, 1908.

321

By Mr. Calbeck-

A bill to convey to G. L. Gardner a parcel of the town commons of the town of Calhoun.

By Messrs. Alexander and Candler-
A bill to authorize the city of Decatur to issue bonds so as to extend system of waterworks.

By Mr. Trent of Heard-
A bill to repeal an Act to create a new charter for the town of Franklin.

:By Mr. Mays of Butts-

A bill to create a new charter for the town of Jackson.

By Mr. Blackburn-
A bill to amend an Act to create a new charter for ~he town of East Point.

By Mr. Peterson of Montgomery-
A bill to create a new charter for the town of Glennwood.

By Mr. Ballard of Newton-

A bill to create a system of pubiic schools for tl.c town d Mansfield.

By unanimous consent the following bills were reacl the first time, to wit:
21 bj

322

JouRNAL m THF. Hous~,

By Mr. vVh1tc of Screven-

A bill to amend an Act to create the city murt oi Sylvania.

Referred to General Judiciary Committee.

By Mr. Parrish-

A bill to amend an Act to reincorporate the town of A del.

Referred to Committee on Corporations.

By Mr. Parrish-

A bill to amend an Act to reincorporate the town r;f Adel so as to provide for public schools.

Referred to Committee on Corporations.

By Mr. Anderson of Bulloch-

A bill to extend the time for the completion of the work on the Savannah, Statesboro & Western Railway.

Referred. to C'Jmmittee on Railroads.

By Messrs. Blackburn & Bell-

A bill to amend an Act to repeal all laws to incorporate the city of Manchester.

Referred to Special Judiciary Committee.

By Messrs. Blackburn and Bell-

A bill to amend an Act to create a charter for the town

323
of College Park so as to authorize the issue of br.nds for electric lights.
Referred to Special Judiciary Committee. By Messrs. Blackburn and Bell-
A bill to amend an Act to create the charter of College Park so as to make the term of office of mayor and councilmen two years.
Referred to Special Judiciary Committee. By Messrs. Blackburn and Bell-
A bill to appropriate $7,500 for maintenance of State board of health.
Referred to Committee on Appropriations. By Messrs. Chamlee, Dean and wright of Floyd-
A bill to amend an Act to create the city court of Floyd county.
Referred to Special Judiciary Committee. By Messrs. Blackburn and Bell-
A bill to amend an Act to create the charter of College Park so as to provide for public schools.
Referred to Special Judiciary Committee. By Mr. Blackburn-
A resolution for the reiief of Mrs. Charity Maxwell. Referred to Committee on Pensions.

324

JouRNAL oF' THE HousE,

By unanimous consent the following bills were read the second time, to wit:

By Mr. Huie-
A bill to amend section 2, article 3, paragraph I, of the Constitution.

By Messrs. Hamilton and KendrickA resolution to pay a pension to Mrs. R. A. Lynn.

By Mr. Pope of Dade-
A resolution for the relief of J. R. Brock, T. F. Smith
and others.

By Mr. Glenn of Whitfield-
A bill to amend an Act to create the city court of Dalton.

The following bill was read the first time by unanimous consent, to wit:

By Mr. Wright of Floyd-
A bill to amend an Act to prohibit the adulteration of foods, etc.

Referred to Committee on Hygiene and Sanitation.

The following resolution was read and referred to the Committee on Rules, to wit:

FRIDAY, JuLY 17, r9Q8.

321J

By Mr. Foster-

A resolution to make House 'bill No. 65 a special order.

The following Senate bill was read the first time, ~o wit:

-By Mr. Stephens of Ist districtA bill to provide for organization, maintenance, etc., of volunteer military companies.

Referred to Committee on Military Affairs.

The following Senate bill-s were read the second time, -to wit:

By Mr. Crittenden of 1xth district-

A bill to amend the charter of the town of Shellman.

By Mr. Brantley of 16th district-

A bill to amend an Act to create the city court of Dublin.

The following bill was taken up and the Senate amendment concurred in, to wit :

By Mr. McMahan-

A bill to appropriate $I 5,000 for maintenance of State

Normal School.



The Senate proposed to amend by striking out of the proviso at end of section I, beginning with word "Provided," and extending to end of section.

JouRNAl. oP TH~ HouSl:,
By. unanimous consent House bill No. 166 was made the special order for Monday, July 20, immediately after
- confirmation of the J oumal for the purpose of agreeing
to the Senate amendments.
Mr. Blackburn, chairman of Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary <having had under consideration the following House bills" instructed me, as their chairman. to report same back to the House with the recommendation that same do pass, to wit:
A bill to create school system for Mansfield.
A bill to create the city court of Homerville.
A bill to create new charter for town of Glennwood.
A bill to amend Act providing n~w charter for Eas: Point.
A bill to repeal city court of Jeffersonville. Also, ~he following Senate bill with the recommenda tion that same do pass as amended, to wit:
A bill to amend Act establishing the city court of Dublin.
Also the following House bill with the recommendation that same do not pass, to wit:
A bill to provide that persons testifying in certain cases be immuned from prosecution.
Respectfully submitted.
R. B. BLACKBURN, Chairman,

FRIDAY, JULY I7, Igo8.

327

Mr. Martin, chairman of Committee on Genera~ Agriculture, submitted the following report:

Mr. Speaker:

Your Committee on General Agriculture having had under consideration the following House bill, instructed me, as their chairman, to report same back to the House with the recommendation that same do pass to wit:

A bill to establish the legal standard of one bushel of peaches.

Also, the following House bill with the recommend? tion that same do pass as amended, to wit :

A bill to prohibit vicious dogs from running at large:

Respectfully submitted.

L. H. 0. MARTIN, Chairman.

Mr. Wright of Richmond, chairman of the Committee on General Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary having had under consideration the following House. bill, instructed me, as their chairman, to report same back to the House with the recommendation that same do not pass, to wit:
A bill to amend section 5404 volume 2, Code; 1895, relative to constable fees.
Also the following House bill with the recommend<ttion that same do pass, to wit:

328

JouRNAL oF THE HousE,

A b1ll to amend section I790 of volume I of the Code of I895, so as to change the term of office of the Commissioner of Agriculture.

Also, the following Senate bill with the recommendation that same do pass, to wit :

A bill to authorize judges of the city court in certain counties to appoint special bailiffs.

Respectfully submitted.

BOYKIN WRIGHT, Chairman.

Mr. Russell, chairman of the Committee on Privileges and Elections, submitted the following reports:

ATLANTA, GA.

Mr. Speaker:

July I6, I9Q8.

Your Committee on Privileges and Elections having had under consideration Senate bill No. 22, instruct me as their chairman to report the same back with the recommendation that it do pass.

CHAS. R. RussELL, Chairman.

Your Committee on Privileges and Elections having had under consideration Senate billiNb. I84, instruct me as their chairman to report the same back with recommendation l!hat it do pass by substitute.
CHAS. R. RussELL, Chairman.

;,29
Mr. Heard, of Dooly, 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 bills Nos. 942, 945, 1002 and have instructed me as their C'hairman to report same back with the recommendation that they do pass.
HEARD, Chairman.
The Speaker appointed the following committee to investigate certain charges against the Railroad Commission: Messrs. Candler, Wise, Adams of Chatham, Ryals of Bibb, Shaw of Clay.
Mr. Shaw of Clay tendered his resignation as one of the committee to investigate the Prison Commission which was accepted, to wit:
Han. John M. Slaton, Speaker of the House.
DEAR SIR : On account of my general physical condition I would not be able to perform the duties required by a member of the investigation committee, therefore ~ owe it to myself, the Prison Commission and to Georgia to herewith hand you my resignation.
Respectfully,
EMMETT R. SHAW.
The Speaker then appointed on said committee Mr. McMullan of Hart, vice Mr. Shaw of Clay, resigned.

330

JoURNAl, OP THIC HoUSIC,

Mr. Foster of Cobb submitted the following report:

Mr. Speaker:

Your Committee on Pensions have had under consideration the following House resolutions and instruct me as their chairman to report same back with the recommendation that they do pass:

House resolutions Nos. 1, 193, 209, 245, 197, 183,. 184.

Also the following with the recommendation that they do not pas!):

House resolutions Nos. 231, 48, 131, 332, 98; IOI.

Respectfully submitted.
J. Z. FosTER, Chairman.

Leave of absence was granted Messrs. Walker of Washington, Frier of Ware, Adkins of .Dooly.
The Speaker then announced the House adjourned until 9 o'clock tomorrow morning.

SATURDAY, JuLY 18, 1908.

331

ATLANTA, GA.,
Saturday, July 18, 1908.

The House met pursuant to adjournment at 9o'clock a.m. this day; was called to order by the Speaker and opened with prayer by the Chaplain.

By unanimous consent, the call of the roll was dispensed with.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

The Clerk read the order of business fixed for today's

session on yesterday.



The first order of business being the introduction of new bills, the following bills were introduced and read the first time, to wit:

By Mr. Matthews of Laurens-

A bill to incorporate the town of Cedar Grove.

Referred to Committee on Corporations.

By Mr. McMahan of ClarkeA bill to amend the charter of the city of Athens.

Referred to Committee on Corporations.

By Mr. Matthews of Laurens-

A bill .to incorporate the town of Hudsonville.

Referred to Committee on Corporations.

.332

JouRNAL oF THE HousE,

By Messrs. Alexander and Candler-

A bill to incorporate the town 9f East Lake. Referred to Committee on Corporations.

Mr. Barrow, chairman of the Committee on Military Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Military Affairs having under -consideration Senate bill !No. 1g6 begs to report that they have considered the same and recommend that the same .do pass.
DAVID C. BARROW, Chairman.

Mr. Anderson, vice-chairman of Committee on Gen-eral Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary having under consideration the following House bills instructed me, as their vice-chairman, to report same back to the House wirh the recommendation that same do pass, to wit:
A bill to amend section 14, volume 1, Code 1895, relative to pharmacists.

A bill to amend section 388 of Code 1895, relative to

wife being competent witness.



A bill to change time of holding Troup superior court.

A bill to amend Act creating city court of Sylvania.

. SATURDAY, JULY 18, Igo8.

33~

Also, the following House hills with the recommendation that same do pass by substitute, to wit:

A bill to provide for codification of laws of this State..

A bill to amend section 629, volume 3, relative to sell ing votes.

Also, the following House hills with the recommendation that same do not pass, to wit:

A bill to authorize the Governor to grant reprieves, pardons, etc.

A bill to amend section 882, Code 1895, relative t0 issuing warrants.

Also, the following Senate bill with t>he recommendation that same do pass, to wit:

A bill to regulate the compensation of judges of the superior court for services rendered outside of their own circuits.

Respectfully submitted.
J. J. E. ANDERSON, Vice-Chairman.

The following bills were read the third time and put upon their passage, to wit:
By Mr. Odum-
A bill to create a board of county commissioners for the county of Baker.

334

JouRNAL oF THE HousE,

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 98, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Simmons of GilmerA bill to create a new charter for the town of Ellijay.

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 100, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Haywood of McDuffie-

A bill to create a board of commissioners of roads and revenues for the county of McDuffie.

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 96, nays o.

The bill having received the requisite consti'tutional majority was passed.

By Mr. Flanders of Johnson-

A bill to create a board of commi"ssioners for Johnson -county.

SATURDAY, JULY 18, I9Q8.

335

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 99, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Odum of Baker-

A bill to repeal an Act to create a board of com.lJissioners of roads and revenues for Baker 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 100, mys o.

The bill having reeeived rhe requisite constitutional majority was passed.

By Mr. Strickland of Pike-

A bill to incorporate the town of Williamson.

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 99, nays o.

The bill having received the requisite constitutiJnal majority was passed.

By Mr. Trent of Heard-

A bill to incorporate rhe town of Franklin.

336

JoURNAL OF THE HOUSE,

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

On the passage of the bill the ayes were IOO, nay3 o.

The bill having received the requisite constitutional majority was passed.

By Mr. Trent of Heard-
A bill to repeal an Act to create a new charter for the town of Franklin.

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 105, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Peterson of MontgomeryA bill to incorporate the town of Orland.

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

On t-he passage of the bill the ayes were IOI, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Simmons of Gilmer-

A bi_ll to repeal an Act to incorporate the town of Ellijay.

SATURDAY, JULY I8, Igc>8.

337

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 98, nays o.

The bill having received the requisite constitutional majority was passed.

By Messrs. Alexander and Candler-

A bill to authorize the town of Decatur to issue bonds. for school 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 96, nays o.

-The bill having received the requisite constitutional maiority was passed.

Hy Messrs. Alexander and Candler-

A bill to authorize Decatur to issue bonds for waterworks.

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 100, nays c.

The bill having receiv.ed the requisite constitutional majority was passed.

By Mr. Burwell of Hancock-

A bill to repeal an Act to incorporate the town of Culverton.
22 h j

338

JouRNAL OF THE Hous,

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 92, nays o.

The bill having received the requisite constitutional majority was passed.

By Messrs. Brown & Watkins-
A bill to create the office of cvmmissioner of roads
and revenues for Carroll county.
The report of the committee, which was favorable to the passage of rhe bill, was agreed to.
On the passage of the bill the ayes were 100, nays o.
The bill having received the requisite constitutional majority was passed.

~y Mr. Peterson of Montgomery-
A bill to create a new charter for the town of Glenn-wood.

The report of the committee, which was favorable t.) the passage of the bill, was agreed to.
On the passage of rhe bill the ayes were 98, nays o.
The bill having received the requisite constitutional majority was passed.

By Mr. _Ballard of Newton-
A bill to create a system of public schools for Glennwood.

SATURDAY, }ULY I8, Igo8.

339

The report of the c~mmittee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 97, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Blackburn of Fulton-
A bill to amend an Act to create a new charter for the town of East Point.

The report of the committee, which "vas favorabie to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 102, nays o.

The bill haYing received the requisite constitutionai majority was passed.

By Mr. Calbeck of Gordon-
A bill to authorize the town of Calhoun to deed a portion of the town commons to G. L. Gardner.

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 99, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Berry of UnionA bill to incorporate the town of Blairsville.

340

JouRNAL OF THE; HousE;,

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

By Mr. Mays of ButtsA bill to create a new charter for the city of Jackson.

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

By Messrs. Nix and vVi1sonA bill to amend the charter of the city of Norcross~

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 100, nays 0 ..
The bill having received the requisite constitutional n~ajority was passed.

By Mr. Boyd of Spalding-

A biJI to amend the charter of the city of Griffin.

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

SATURDAY, }ULY 18, 1908.

341

On the passage of the bill the ayes were 100, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Swilling of Franklin-

A bill to create a system of public schools for the city of Lavonia.

The committee proposed to amend by striking section I I and substituting the following: "Be it further enacted, That the county school board of education shall pay over to the board of education of Lavonia the State school fund as apportioned by the said county board of education."

Also, to amend by striking section 13 and numbering remaining section accordingly.

The amendments were adopted.

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

On the passage of the bill the aye3 were 98, nays o.

The bill having received the requisite constitutional majority was passed.

The following bill was read the second time and recommitted, to wit:

By Messrs. Slaton, Blackburn and Bell-

A bill to amend an Act to create a new charter for city of Atlanta.

342

JouRNAL oF THE Hous,

The following Senate bills were read the first time, t() wit:

By Mr. Maddox of 4th district-
A bill to regulate the conduct of telegraph operators and train dispatchers.
Referred to General Judiciary Committee.

By Mr. Wilkes of 7th district-
A bill to amend an Act to create the city court of Moultrie.

Referred to Special Judiciary Committee.

By ~1r. Maddox of 4th district-
A bill to provide qualifications of convict \Y.ardens and guards, etc.

Referred to Committee on Penitentiary.

Leave of absence was granted Mr. Swilling of Frank- . lin.

l\Ir. Trent of Heard moved to adjourn, which motion prevailell and the Speakker announced the House adjc,urnecl until 10 o'clock ~Ionclay morning.

MoNDAY, JuLY 20, 1908.

34a

ATLANTA, GA.,.
Monday, July 20, 1908.

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 of Chatham, Cannon,

Flannigan,

Adams of Elbert,

Chamlee,

Foster,

Adams of Wilkinson, Clark,

Adkins,

Clifton,

Fowler, Fraser,

' -

Alexander,

Collum,

Frier,

Allen,

Cook of Chat'hoochee, Fullbright,

Anderson of Bulloch, Cook of Telfair,

Furr,

Anderson of Cobb, Cooke of Thomas, Geer,

Arnold,

Covington,

Gibson,

Ashley,

Couch,

Glenn,

Atkinson,

Cowan,

Godley,

Austin,

Crawford,

Goode,

Ballard,

Crumbley,

Guyton,

Barksdale.

Culbreth,

Hall,

Barrett,

Daniel,

Hamilton,

Barrow,

Davis,

Hardeman,

Bell,

Davison,

Harris,

Berry,

Dean,

Haywood,

Blackburn,

Dickey,

Heard,

Bond,

Donalson,

Hill,

Bowen,

Dorminy,

Hines,

Boyd,

Du.nbar,

Holder,

Brown of Carroll,

Duggan,

Howard,

Brown of Oglethorpe, Dykes,

Hubbard,

Buchannon,

Eaves,

Huff,

Burkhalter,

Edmondson,

Huie,

Burwell,

Edwards,

Hullender,

Butt,

Ellison,

Jackson,

Cal beck,

Estes,

Johnson of Jasper,

Callaway,

Fagan,

Johnson of Jeff Davis,

Candler,

Flanders,

Johnson ofTowns,

JOURNAL OF THE HouSE,

jones of Meriwether, Jones of Mitchell, Keith, Kendall, Kendrick, Lee, Lively, Lumsden, Lunsford, Matthews, MacFarland, McCarthy, Mcintyre, McMahan, McMichael, McMullan, McWilliams, Martin, Massengale, Maxwell, Mays, Mercer, Moore, Morris, Mundy, Nix, Nowell, Odum, Orr, .Parker,

Parrish, Payton, Perry, Persons, Peterson, Pope of Brooks, Pope of Dade, Powell, Price of Bartow, Price of Oconee, Reid of Macon, Reid of Putnam, Reid of Wilcox, Rogers, Rountree, Russell, Ryals, Shaw, Sheffield, Simmons, Slade, Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Strickland, Stubbs, Sumner, Swilling,

Those absent were Messrs.-

Atwater,

Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young, Mr. Speaker.

By unanimous consent the reading of the Journal of Saturday's proceedings was dispensed with.

By unanimous consent the following bill was taken up, -and the Senate amendments concurred in, to wit:

By Mr. Dunbar of Richmond-
A bill to provide for confirming and validating all county and municipal bonds issued since 1877.

MoNDAY, JuLY 20, 1908.

345

The Senate proposed to amend by numbering the last ten sections appropriately; also to amend section 5 in line 17, by striking the words "or refusing to confirm .and validate said bonds"; also

To amend section 5, line I41 by striking the word "if" and substituting in lieu thereof the words, "any party thereto" ; also,

To amend section 5, line 2, by inserting after the word "order" the words "or such further time as he mav :fix."

By unammous consent the follvwing bills were read first time, to wit:

By Mr. McMullanA bill to create a board of commissioners of roads and
Tevenues for the county of Hart.
Referred to the Committee on Corporations.

By Mr. McMullan-
A bill to abolish the present board of c0mmissioners ,of roads and revenues for the county of Hart.

Referred to the Committee on Corporati0ns.
By unanimous consent the following bills were read the second time, to wit :

By Mr. Odum-
A bill to amend ari Act to create the city court of Newton.

346

JouRNAL oF THE HousE,

By Mr. ShawA bill to require hotels to furnish mosquito bars.

By Messrs. Donalson and Boyd-

A bill to amend section 5484 of the Code of 1895. relative to application for new trials.

By unanimous consent the following bills were read the third time, to wit :

By Mr. Thurman-
~-\ bill to repeal an Act to repeal an Act to create the county court of \Valker 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 94, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Flanders-

A bill to create the city court of Wrightsville in Johnson 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 96, nays o.

The bill having received ti1e requisite constitutional majority was passed.

On motion of Mr. Holder of Jackson, the following

MONDAY, JULY 20, 1908.

34';.

special order was taken up for further consideration, to wit:

By Mr. Holder of Jackson-
A bill to provide for the hire of certain felony convicts for a period of five years, and to provide for the working of certain other felony convicts on the public roads and public works, etc., and for other purposes.

The Speaker again resolved the House into a commit tee of the whole, and l\h. Dunbar of Richmond, resumed the chair.

After a consideration of the bill the committee arose,_ and through its chairman reported progress, and asked leave to sit again.

ATLANTA, GA., July 20, rg68.
The following message was received from his Excellency the Governor, through his Secretary, Mr. Carter:_

Mr. Speaker:
I am directed by his Excellency the Governor, to deliver to the House of Representatives a communication in writing.

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

Mr. Hall of Bibb, moved that the Governor's message be referred to a special committee of five members of the House, whose duty it shall be to look into the charges contained therein and report forthwith to the House itSfindings.

:348

JOURNAL OF THE HoUSE,

Mr. Candler of DeKalb moved as a substitute that the message be committed to the General Judiciary Committee, which was adopted.

The motion of Mr. Hill was then adopted by substitute.

The business for which the session was extended was then taken up and the following bills were read the first time, to wit :

By Mr. Brown of Carroll-

A bill to amend an Act to provide for the creation of local tax district schools, as relates to vVesley Chapel -school.

Referred to Committee on Corporations.

By Mr. Alexander-

A bill to amend section 2334 of the Civil Code relative to yenue of suits against railroad corporations.

Referred to General Judiciary Committee.

By l\Iessrs. vVard, Townsend, Johnson of Jeff Davis, and Bowen of Tift, and Parrish of Berrien-

A bill to create a new judicial circuit of the superior court.

Referred to Special Judiciary Cummittee.

By ~1essrs. Hall, Fowler and Ryals of Bibb-

A bill to authorize Bibb county to pay Jno. P. Ross -certain fees.

Referred to Counties and County Matters Committee.

MoNDAY, JuLY 20, 1908.

3491

By Mr. Slaton of Fulton-

A resolution memorializing Congress in rega1d to a canal from the Tennessee to the Ocmulgee river.

Read and adopted.

By Mr. McCarthy-
A bill to create a county police court iri the county of Chatham.

Referred to Counties and County Matters Committee~

By Mr. PerryA bill to amend the charter of the city of Gainesville~

Referred to Committee on Corporations.

By Messrs. Jones and Keith of MeriwetherA bill to incorporate the town of Primro~e.

Referred to Committee on Corporations.

By Messrs. Davis and Fagan of Houston-_

A bill to abolish the county court of Houston county..

Referred to Special Judiciary Committee.

By Messrs. Davis and Fagan-
A bill to amend an Act to incorporate the town of
Perry.

Referred to Special Judiciary Committee.

JOURNAL OF THE HOUSE, .
By 1\fr. MaxwellA bill to provide for the marking out and establish-
ment of county lines. Referred to Special Judiciary Committee.
By Messrs. Davis and FaganA bill to create the city court of Houston. Referred to Special Judiciary Committee.
By Messrs. \Vard, Townsend, Bowen, Parrish and J<)lmson of Jeff DavisA bill to fix the time of holding the superior courts in
:counties composing the Alapaha circuit. Referred to Special Judiciary Committee.
By Mr. Bl9,ckburnA res<;>lution for the relief vf Mrs. Lottie C. Coker. Referred to Committee on Pensions.
By Mr. BlackburnA resolution for the relief of Lucy M. Hardin. Referred to Committee on Pensions.
By Mr. BlackburnA resvlution for the relief of Mrs. N. W. Hightower. Referred to Committee on Pensions.

MONDAY, }ULY 20, I9Q8.

351

By Messrs. Holder and Blackburn-

A resolution for the relief of the heirs of Sherman J. Sims.

Referred to Committee on Appropriations.

By Mr. Hall of Bibb-

A bill relative to non-discrimination between ships by corporations, etc., owning docks, etc.

Referred to General Judiciary Committee.

The following resolution was read and referred to Committee on Rules, to wit:

By Mr. McMichael-

A resolution to make House bill No. 380 a .special order.

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

By Mr. Slade-

A bill to amend sections 220 and 22 I of the Criminal Code.

By Mr. Slade-

A bill .to enable county commissioners to appoint rural police.

By Mr. White of Madison-
A bill to amend section 982, volume I, of the Code so
as to make the town of Comer a State depository.

352

JOURNAL OF THE HOUSE,

By Messrs. Young and Tuggle-
A bill to change the time of holding the fall and spring terms of the superior court of Troup county.

By Mr. Maxwell-
A bill to repeal an Act to create the city court of Jeffersonville.

By ~1r. Bowen-
A bill to change the time of holding the superior court of Tift county.

By Messrs. Nix and Wilson-
A bill to amend an Act which provides for four terms a year of the superior court of Gwinnett county.
By ~r. Johnson of Jasper-
A bill to amend an Act to create the city court of Monticello.
By Mr. Blackburn-
A bill to provide for the appointment of two special bailiffs in certain counties.

By Mr. Couch of Coweta-

A bill to amend section 982, volume 1, of the Code so as to make Senoia a State depository.

By Mr. Buchanan-
A hill to provide .for an examination into the affairs of the dispensary in the dty of Blakely.

MoNDAY, JuLY 20, 1908.

353

By Mr. Guyton-

A bill to amend section 982, volume I, of the Code so as to make Guyton a State depository.

By Mr. Hardeman-

A bill to amend section 2502, volume 3, of the Code.

By Mr. McCarthy-
A bill to allow common carriers to grant passes to former employees.

By Mr. Bowen-
A bill to amend an Act entitled an Act to amend an Act to create the city court of Tifton.

By Mr. Wilson-
A bill to amend an Act to create the city court of Buford.

By Mr. Hall-
A bill to provide for the codification of the laws of Georgia.

By Mr. Hall-
A bill to amend article 7, section 6, of the Constitution of Georgia.

By Mr. Hall-

A bill to amend article 3, section 9, of the Constitution.
23 h j

JOURNAL OF THE HouSE,
By Mr. Edwards A bill to amend the Constitution so as to enlarge the powers of justices of the peace.
By Messrs. Burkhalter and \Varnel1-
A bill to prohibit railroad corporations from selling tickets at reduced rates on Sunday. ~y Mr. Calbeck-
A bill to amend article 9, section 4147 of the Civil Code. -~Y Mr. Fowler-
A bill to amend section 1496, volume I, of the Code.
By Mr. GeerA bill to amend section 982, volume I, of the ~ode so
.as to make the city of Colquitt a State depository.
-By Mr. Reid-:-
A bill to amend section 61, volume I, of the Code.
By Mr. Barrett-
A bill to amend an Act to amend an Act providing for local tax district schools.
By Mr. Adams of ChathamA bill authorizing judges of city courts 111 certain
-counties to appoint special bailiffs.

MoNDAY, JuLY 20, rgo8. By Mr. Tyson-
A bill to fix the age for road duty m the State of Georgia.
By Messrs. Moore and PowellA bill to exempt farm products from taxation fo1
twelve months from the time harvested.
By Mr. TuggleA bill to amend paragraphs 2 and 3 of section I, article
5 of the Constitution.
By Mr. TuggleA bill to amend paragraph I, section 2, article 8 of the
Constitution.
By Mr. TuggleA bill to amend paragraph I, section 2, article I 1 of
the Constitution.
By Mr. TuggleA bill to amend section I790, volume I, of the Code.
By Mr. Gibson-
A bill to change the time of holding the superior court Df Glascock county.
By Mr. Mcintyre-
A bill to amend paragraph I, section 2, article 7, of the Constitution.

356

} OURNAL OF THE HousE,

By Mr. TerrellA bill to amend section 388 of the Penal Code.

By Mr. Trent-
A bill to protect persons and property from rabid dogs, etc.

By Messrs. Moore, Holder and FlanniganA bill to define who are subjoct to road duty.

By Mr. GodleyA bill to create the city court of St. Marys.

By Mr. Godley-

A bill to repeal an Act to create the county court of

Camden county.



By Mr. Deen-

A bill to establish the weight of one bushel of peaches.

By Messrs. Orr and Couch-

A bill to amend section 526, voltttne r, of the Code.

By Mr. Persons of Monroe-

A bill to amend section 2760, voltttne z, of the Code.

By Mr. Burwell-

A bill to amend sub-section 1, section 629, volume 3,. of the Code.

MoNDAY, JuLY 20, rgo8.

357

By Messrs. Price~ Barksdale, Holder, Butt and Payton-

By Mr. Mundy-
A bill to make betting on elections an~ primaries unlawful.

By Mr. McMichael-

A bill to amend an Act so as to pay certain county school commissioners a salary.

By Messrs. Couch and Orr-
A bill to amend an Act to amend an Act to provide for creation of local tax district schools.

By Mr. Townsend__; A bill to create the city court of Homerville.

By Mr. Wise-
A bill to amend section 982, volume r, of the Code so as to make Fayetteville a State depository.

By Mr. BoydA bill to regulate the running of automobiles, etc.

By Mr. White of Screven-
A bill to amend an Act to create the city court of Sylvania.

By Mr. Tracy-
A resolution to pay pension to one Mrs. E. J. Coker.

358

JouRNAL OF THE HoUSE,

By Messrs. Blackburn and Bell-
A resolution to pay State bond No. 188, issued February 1, 1849, for $500.

By Mr. Goode-
A resolution to pay pension due :Mrs. Mary Blackstock.

By Mr. BallardA resolution to pay the pension due Thos. H. Greer.

By Mr. CalbeckA resolution to pay pension due :Mrs. Mary McDougal.

By Mr. Taylor of Sumter-
.t\ resolution to pay pension to the widow of Frank
Johnson.
By Mr. Blackburn-

A resolution for the relief of Mrs. Tallulah Towns. By Mr. Rountree of Emanuel-

A resolution to pay pension due Mrs. Lydia Ann Towns.
By Mr. Payton of \Vorth-

.-\ resolution to pay Jno. P. Edwards a pension.
The order of business having been exhausted the Speaker announced the House adjourned until 9 o'clock to-morrow morning.

TuESDAY, JuLY 21, 1908.

359

ATLANTA, GA.,
Tuesday, July 21, 1908.

The .House met pursuant to adjournment at 9 o'cloc~ 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 of Chatham, Candler,

Fagan,

Adams of Elbert,

Cannon,

Flanders,

Adams of Wilkinson, Chamlee,

Flannigan,

Adkins,

Clark,

Foster,

Alexander,

Clifton,

Fowler,

Allen,

Collum,

Fraser,

Anderson of Bulloch, Cook of Chat'hoochee, Frier,

Anderson of Cobb, Cook of Telfair,

Fullbright,

Arnold,

Cooke of Thomas, Furr,

Ashley,

Covington,

Geer,

Atkinson,

Couch,

Gibson,

Austin,

Cowan,

Glenn,

Ballard,

Crawford,

Godley,

Barksdale,

Crumbley,

Goode,

Barrett,

Culbreth,

Guyton,

Barrow,

Daniel,

Hall,

Bell,

Davis,

Hamilton,.

Berry,

Davison,

Hardeman,

Blackburn,

Dean,

Harris,

Bond,

Dickey,

Haywood,

Bowen,

Donalson,

Heard,

Boyd,

Dorminy,

Hill,

Brown of Carroll,

Dunbar,

Hines,

Brown of Oglethorpe, Duggan,

Holder,

Buchannon,

Dykes,

Howard,

Burkhalter,

Eaves,

Hubbard,

Burwell,

Edmondson,

Huff,

Butt,

Edwards,

Huie,

Calbeck,

Ellison,

Hullender,

Callaway,

Estes,

Jackson,

360

jouRNAL oF THE HousE,

Johnson of Jasper, Orr,

Swilling,

Johnson of Jeff Davis, Parker,

Taylor of Appling,

Johnson of Towns, Parrish,

Taylor of Sumter,

Jones of Meriwether, Payton,

Terrell,

Jones of Mitchell,

Perry,

Thorne,

Keith,

Persons,

Thurman,

Kendall,

Peterson,

Tift,

Kendrick,

Pope of Brooks,

Townsend,

Lee,

Pope of Dade,

Tracy,

Lively,

Powell,

Trent,

Lumsden,

Price of Bartow,

Tuggle,

Lunsford,

Price of Oconee,

Tyson,

Matthews,

Reid of Macon,

\Valker of Lowndes,

MacFarland,

Reid of Putnam,

Walker of Milton,

McCarthy,

Reid of Wilcox,

Walker of Wash'ton,

Mcintyre,

Rogers,

Ward,

McMahan,

Rountree,

Warnell,

McMichael,

Russell,

Watkins,

McMullan,

Ryals,

White of Madison,

McWilliams,

Shaw,

White of Screven,

Martin,

Sheffield,

Whitley,

Massengale,

Simmons,

Williams,

Maxwell,

Slade,

Wilson;

Mays,

Slater,

Wise,

Mercer,

Smith of Calhoun. Wootten,

Moore,

Smith of Campbell, Wright of Floyd,

Morris,

Stephens,

Wright of Richmond,

Mundy,

Stewart,

'Wynne,

Nix,

Strickland,

Young,

Nowell,

Stubbs,

Mr. Speaker.

Odum,

Sumner,

Those absent were Messrs.-

Atwater,

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

By unanimous consent the following bills were read the third time, and put upon their passage, to wit:

Tu:esnAY, JuLY 21, r9o8.

361

"By Mr. Johnson of Jasper-

A bill to amend an Act to create the city court of Monticello.

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

By Mr. Fraser of Liberty-
A bill to amend section 982,. volume r, of the Code so as to add the town of Ludowici to the list of State depositories.
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 '"~re 99, nays o.
The bill having received the requisite constitutional majority was passed.
By Mr. Odum-,--

A bill to amend an Act to create the city court of the city of Newton.
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 103, nays o.

The bill having received the requisite constitutional majority was passed.

362

JouRNAL oF THE HousE,

By Mr. Glenn of Whitfield-
A bill to amend an Act to create the city court of Dalton, and for other purposes.

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

On the passage of the bill the ayes were 100, nays o.

The bill having received the requisite constitutional rna~ jority was passed.

By :Mr. Blackburn of Fulto.n-

..\. bill to provide for the appointment of two speciar bailiffs by superior court judges in certain counties.

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

On the passage of the bill the aves were roo, nays o.

The bill having received the requisite constitutional ma:-

jority was passed.



By Mr. wilson of Gwinnett-

A bill to amend Act to create the city court of Buford~.
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 101, nays o.
The bill having received the requisite constitutional majority was passed.

TuESDAY, JuLY 21, 1908.

36:J

By Messrs. Young and Tuggle-

A bill to change and fix the time of holding the fall term of the superior court of Troup county.

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

On the passage of the bill the ayes were 100, nays o.

The bill having received the requisite constitutional majority was passed.

On motion of the author 300 copies of House bill No. 562 were ordered printed, which bill relates to the redistricting of the senatorial districts of this State.

Mr. Holder proposed to amend by having copies of the map of Georgia showing how the counties will appear after the redistricting attached to bill No. 562 which was adopted.

The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following bills of the House, to wit:

A bill to make certain appropriations to the trustees of the State University for the use of the State Technological School.

Also a bill to appropriate ten thousand dollars to the University of Georgia for repairs on the building known as the "Old College."

JouRNAL oF THE Hous:eJ

The Senate has passed, by the requisite constitutional

majority, the following House resoiution, to wit:

.

A resolution providing for relief from State tax on four dispensaries in the county of Terrell for the year 1907.

The President of the Senate ha~ appointed the following as the committee on part of the Senate to investigate the convict lease system of the State of Georgia:

Senators Felder of 22d district; Brock of 44th district, .and Hays of 13th district.

The following message was received from the Senate through ~Ir. Northen, Secretary thereof:

Mr. Speaker.'
The Senate has passed, as amended, by the requisite constitutional majority, the following House bills, to wit:

A bill to repeal an Act to establish the city court of

the county of Miller.



A.lso a bill to establish the city court in and for the

county of Miller.

Also a bill to establish a new charter for the city of Earonton.

The following message was received from the Senate, through :\Ir. Korthen, Secretary thereof:

Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following bills of the Senate, to wit:

TuESDAY, JuLY 21, 1908.

360.

A bill to prevent taking fish from the Bra,sstown Creek in Towns and Union counties.
Also a bill to incorporpte the town of Kingwood, m the county of Colquitt.

The following message was received ~rom the Senate, through Mr. Northen, Secretary thereof :

Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following House bills, to wit:
A bill to repeal an Act incorporating the town of Fairmount, in the county of Gordon.

Also a bill to amend the charter of the town of Center, in the county of Jackson.

Also a bill to incorporate the town of Woodland, in the county of Talbot.

Also a bill to incorporate the town of Riverdale, in the county of Clayton.

Also a bill to amend the charter of the town of. Cordele, in the county of Crisp.

Also a bill to amend the charter of the town of Cordele, in the county of Crisp.

Also a bill to amend the charter of the town of Cordele, in the county of Crisp.

Also a bill to establish a system of public schools in, the city of Hartwell, in the county of Hart.

466

JouRNAL o:F THE HousE,

Also a bill to amend an Act to create a board of commtsswners of roads and revenues for the county of Dooly.
Also a bill to amend the charter of the city of Douglas.

Also a bill to create a board of commissioners of roads -and revenues for Glascock county.
Also a bill to authorize the road commtsswners of Cherokee cotinty to order an election on the issue of bonds.
Also a bill to amend the charter of Midville.

Also a bill to incorporate the city of Warrenton m 1ieu of the town of \Varrenton.
Also a, bill to amend an Act to create the Haralson school district.
Also a bjll to amend an Act creating a board of commissioners of Monroe county.
Also a bill to repeal an Act making the public roads {)f Terrell county twenty feet wide.
Also a bill to amend the charter of the city of Vienna.

By unanimous consent the following bill was read the second time and recommitted, to wit:

By Mr. Perry of Hall-

A bill to amend the charter of the city of Gainesville.

By unanimous consent the following bill was read the first time, to wit :

TuESDAY, JuLY 2f, 19~8.

367

By Mr. Hardeman of Jefferson-
A bill to a~end the registration laws of the State of Georgia.

Referred to the General Judiciary Committee.

Mr. Donalson moved that the session be extended for ten minutes for the purpose of taking up the bill providing for the granting of motions for new trial in vacation, which motion prevailed.

The follo~ng ccmtimlling special order was again taken up on motion of Mr. Holder of Jackson, to wit:

By Mr. Holder of Jackson-

A bill to hire the labor of certain felony convicts for a period of five years, and to provide for working certain other convicts on the public roads.

The Speaker resolved the House into a committee of the whole, and Mr. Dunbar of Richmond resumed the chair.

After a consideration of the bill the committee arose, and through their chairman reported progress, and asked leave to sit again.

By unanimous consent the following resolution was . read, to wit :

By Mr. Butt of Fannin-

A resolution instructing the Attorney-General to take the decree enjoining the Tennessee Copper Company from injuring growing crops, etc., of this State.

Referred to Counties and County Matters Committee.

368

JOURNAL OF THE HoUSE,

By unanimous consent the following bills were read ihe first time, to wit:

By Mr. Eaves of HaralsonA bill tv incorporate the Waco school district. Referred to Counties and County Matters Committee.

By Messrs. Heard and Adkins-
A bill to authorize the rnayor and council of the town of Byromville to issue bonds.
Referred to Committee on Corpvrations.

By Messrs. MacFarland and BarrowA resolution to pay pension due Archibald McKinley. Referred to Committee on Pensions.

By Mr. Ellison vf Harris-
A bill to fix the compensation of the treasurer of Harris county.
Referred to Committee on Corporations.

By unanimous consent the following bill was taken up, and the Senate amendment concurred in, to wit:
By Mr. Hines of Baldwin-
A bill to appropriate $I 5,000 to repair buildings on the
campus vf the G. M. I. College at Milledgeville.
The Senate proposed to amend by striking out the proviso at the end of section I.

TuESDAY, JuLY 21, 1go8.

369

Hous.e bill No. 19 was recommitted to the General Judiciary Committee upon the request vf the author.

The following resolutions were read and referred to the Committee on Rules, to wit :

By Messrs. Fraser and Barrett-
A resolution to make Senate bill No. 37 the special urder for July 28.

By Mr. Hall of Bibb--
A resolution to make House bill No. 22 to increase the pay of members of General Assembly, and police patrol bill and the disfranchisement bill special orders.

Mr. Anderson, vice-chairman of Committee on General Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary having had under consideration the following bills of the House, instructed me, as their vice-chairman, to r~rt same back to the House with the recommendation that same do pass, to wit:
A bill to require librarian of the State to furnish the University of Georgia one copy of every publication issued bv the State.

A bill to amend section I I IO, Code I895, relative to costs of the justices of the peace.

Also the following bill of the House with the recommendation that the same do pass, to wit:
24 hj

370

JouRNAL OF THE Hous~t,

A bill to authorize corporations and individuals to construct dams across non-navigable streams.

Also the following bill of the House with the recommendation that same do pass as amended, to wit:

A bill to regulate the business of' mutual, cooperative an<f assessment fire insurance.

Also the following bill of the House with the recommendation that same do not pass, to wit :

A bill to make valid and binding all contracts of minors over fifteen years of age i~ certain instances.

Also the following bill of the House with the recom. mendation that .same be read the second time and be
recommitted, to wit :

A bill to relate to the liability of common carriers hy railroads to their employees in certain cases.

Also I am instructed to request that the following bill of the House be recommitted for the further consideration by your committee, to wit:

A bill to codify the laws of the State of Georgia.

Respectfully submitted,
J. J. E. ANDERSON, Vice-Chairman.

Mr. Donalson, chairman of the Committee on Counties and County Mat~ers, submitted the following report:
Mr. Speaker: Your Committee on Counties and County Matters has

TUESDAY, JULY 2I, Igo8.

371

had under consideration the following, and as its chairman I am instructed to report the same back to the House with a recommendation that-

House resolution No. 220 do pass.

House bill No. 974 do pass.

House bill No. 978 do not pass.

House bill No. gg8 do pass.

This July 21, 1go8.

Respectfully submitted.

ERL'E M. DONALSON.

Mr. McMahan, chairman of the Committee on the University and its Branches, submitted the following report:
Mr.. Speaker:
Your Committee on University and Branches has had under consideration House bill No. 317, and instruct me as their chairman to report the same back with the recommendation that the same do pass by substitute.
Respectfully submitted.
J. J. C. McMAHAN, Chairman.

Upon request of the author, House bill "No: 830 was recommitted to the Special Judiciary Committee.
By unanimous consent, the following bill was read the second time and recommitted, to wit:

372

JouRNAL oP TH~ HO~

.By Mr. Smith of Campbell-

A bill relating to liability of common carriers to employees in certain cases.

By unanimous consent the following bill was read the third time and put upon its passage, to wit :

By Mr. Buchann:on of Early-

A bill to provide for an examination into the affairs of the Blakely dispensary.

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 92, nays o.

The bill having received the requisite constitutional majority was passed.

The hour of adjournment having arrived, the special
.. order of business for which the session was extended,
was taken up, to wit:

By Mr. Donalson of Decatur-

A bill to provide for motions for new trials during vacation.

The ten minutes for the consideration of the above bill having expired, the same was carried over as a special order for to-marrow's session by unanimous consent.

The Speaker then announced the House adjourned tmtil 9 o'clock tomorrow morning.

W"EON:tsoAY, Jur:.v 22, rg68.

878

ATLANTA, GA.,

Wednesday, July 22, 1908.

The House met pursuant to adjournment at 9 o'clock a.m. this day; was called to order by the Speaker iuid opened with prayer by the Chaplain.
On motion of Mr. Wright of Floyd, the call of the roll and the reading of the Journal of yesterday's proceedings was dispensed with.
By unanimous consent tohe following Senate bill was read the third time and put upon its passage, to wit :

By Mr. Brantley of 16th district-
A bill to amend an Act to create the city court of Du'blin.

The committee proposed the followi'ng amendmehts
which were adopted, to Wit: To amend by striking
"1,200," in section I, and substituting "$1,800." To anirend by adding the following to section 1 : "ProvideJ, however, that nothing herein contained shall operate dr be conSitrued to effect the title of the judge already appointed for tohe four year term beginning December 6, 1908, and confirmed by the Senate, by said appointment shall be an:d remain of force."

The report of the committee, which was favorable to
the passage of the hill as amended, was agreed to.
On the passage of the bill the ayes were 100, nays o.
The bill having recei'ved the requisite constitutional majority was passed as amended.

374:

JoURNAL o~ THlt HousJt,

ATLANTA, GA., July 22, rgo8.
The following message was received from his Excellency ~he Governor, through his secretary, Mr. Carter:

Mr. Speaker:
I am directed by his Excellency the Governor to deliver to the House of Representatives a communication in writing:
STATE OF GEORGIA, ExEcuTIVE DEPARTMENT,_

ATLANTA, GA., July 22, rgo8.

To the Senate and House of Representatives:

In my message of June 24th I brought to your attention the fact that a report had been prepared by Han. Hooper Alexander covering the claim of the Southern Railway to interests in the Western & Atlantic terminals at Chattanooga, and also upon other ptoperty rights of the State connected with that road.
Permit me now to call your attention again to this report, copies of which have just been received from the printer and are being furnished for your use. The report contains much information not heretofore generally known, involving important interests of the State.

I lay the facts before you to facilitate such action, if any, as you may deem advisable.
HoKE SMITH, Governor.

WDNESDAY, }ULY. 22, rgo8.

375

REPORT.
ATLANTA, GA., June rs, r9Q8.

To his Excellency Governor Hoke Smith, and H on. John C. Ha!J't, Attorney-General, Atlanta, Ga.
DEAR SIRS : Shortly after the General Assembly adjourned in 1907, Mr. W. A. Henderson, of Knoxville, representing the Southern Railway Company verbally made known to the Governor that his company claimed an interest in the Western & Atlantic Passenger Depot at Chattanooga, and that, being no longer in the use a?d enjoyment thereof, it would expect to be reimbursed for its expenditures thereon. Thereafter Mr. Henderson addressed a letter to the Governor on October r6, 1907, which, wivh the copy deed in said letter enclosed and referred to, is here set out.

WASHINGTON, D. C., October 16, 1907
Hon. Hoke Smith, Governor of Georgia, Atlanta, Ga.
DEAR SrR : You told me to again call your attention to the Chattanooga union depot litigation within about two weeks after I last saw you, which matter you and General Hart have under consideration, and in which I hope you may have reached some fair conclusion.
I have heretofore given you a digest of the voluminous record of the litigation concerning that matter, but beg to enclose herewith a copy of the title which the iN!ashville & Chattanooga road has in the premises. You will note that it is of t'he same general character as our 'title, and in the covenants our title is mentioned and recog-

376

JouRNAL 0F THE HousE,

nized. It might be well enough for you to place this with the other papers.

I will hold myself in readiness to go to Atlanta at any time you wou.ld want another personal conference.

Very truly yours.

W. A. HENDERSON, General Solicitor.

The following document, purporting to be a deed from the Governor of Georgia in 186o to the Nashville & Chattanooga Railroad, accompanied the letter of Mr. Henderson:

DEED, J. E. BRowN, GovERNOR, To N. & C. R. R.
COMPANY.

OFFICE OF THE Vv. & A. RAILROAD,

~ ~~
;,
'

CHATTANOOGA, TENN., Augtist 17, 186o.

Whereas, on tohe 13th day of November, I855, V. K. Stevenson, as president of the Nashville & Chattanooga
Railroad, and James F. Cooper, as superintendent of the
Western & Atlantic Railroad, agreed in writing, subject to the ratification of the board of directors of the N. & C. Railroad Company and of his Excellency H. V. Johnson, then Governor of Georgia, to exchange certain lands belonging to said company and to the State of Georgia h the said city of Chattanooga at and about the place now known as the passenger dep6t near the Crutchfield House upon certain terms specified in said agreement, with the view to the erection of a passenger depot, which

WEDNESDAY, JULY 22, 1908.

377

said contril:d was ratified by his ExceUency H. V. John-
son the Ijth day of December, 1855, and by the boaTd of
directors of the Nashville & Chattanooga Railroad Company on th'e 24th day of December, 1855; and whereas, on the 24th day of MaTch, 18"58, a contraCt was entered into between James A. Whiteside, director arrd a nrember,of the executive committee of the N. & C. R. R. Co., and John M. Lewis, the then supen'ntenclent of the W. & A. Railroad, in modification of the former contract bebetween the authorities of the said road for building of a passenger depot upon the lien of the grounds which were to belong to the said cdmpany and said State of Georgi.:t under sat'cl first mentioned contract which said depot has been .erected by the said John M. Lewis, as Superintendent of said W. & A. R. R., under said contract last mentioned which was ratified by me, as Governor of Georgia, on the 5th clay of April, 1858, which said depot is now owned by the authorities of said two roads, and by the East Tenn. & Ga. Rwy. Co., which said company by its President C. Wallace by a writing on the back of said agreement, agreed to take an interest in said depot, the said Western & Atlantic Railroad, under said contract, has one of the four tracks in said depot, the Nashville & Chattanooga Railroad Company one track, the East Tennessee & Georgia Railway Company one, and the remaining or fourth is leased to the Memphis & Charles~ ton Company for thirty years if said company wishes to keep it so long, which lease has been about one year; for the use of said track said Memphis & Charleston Railroad Company is to pay interest on ten thousand dollars at seven per cent. or seven hundred dollars per <}nnum, of this sum, one-'half or three hundred and fifty dollars belongs to the Western & Atlantic Railroad and the other half or three hundred and fifty dollars is to be divide,i

378

JouRNAL oF THE HousE?

equally between the Western & Atlantic Railroad, the Nashville & Chattanooga Railroad Company and the East Tennessee & Georgia Railway company if said last named company claims, and at the end of said lease said track is to belong to the said three roads in the proportions above mentioned, to wit : 'Dhe Western & Atlantic Railroad to have half of it, the other half to belong jointly to the three roads.

iNow for the purpose of settling all difficultie.; and misunderstandings between the authorities of said roads and of carrying out the contract entered into by my said predecessor in office, for and in consideration of the fact above recited, and of the sum of eight thousand dollars by said Nashville & Chattanooga Railroad Company to be immediately paid into the treasury of the Western & Atlantic Railroad Company and for the further consideration that said last named company is to convey to the State of Georgia for the use of the Western & Atlantic Railroad before this deed shall take effect or a conveyance to said company the tract or piece of ground in said city of Chattanooga containing ninety-six hundredtho; of one acre, more or less, commencing at the southeast comer of the original depot grounds of the \Vestem & Atlantic Railroad at a stone comer and running down the present track of the Western & Atlantic Railroad on the south side thereof at a distance of three feet from the south side of said track following the course of said track to the eastern boundary line of the six acre trac~ bought by the Nashville & Chattanooga Railroad Company from B. R.. Montgomery, thence north 20 degrees west with side line about 24 feet to the right of way of the Western & Atlantic Railroad, thence along the line ot the said right of way to the depot grounds of the

WEDNESDAY, }UI.Y 22, Igo8.

379

Western & Atlantic Railroad, thence with the line of said depat grounds to the beginning point.
For all these considerations together, I, Joseph E.
Brown, Governor of the State of Georgia, have and do hereby sell and convey to the said Nashville & Chattanooga Railroad Company the tract or parcel of land now belonging to said State in said City of Chattanooga, embraced within the following boundaries, which I do not consider necessary to the Western & Atlantic Railroad for depots, woodyards,. nor water stations, nor do I consider that t will be now or at any other time necessary or convenient to said road, to wit: Commencing at a point on the south side of Ninth street, where a direct. line run through the center of the passenger depot building .would strike said street and running through the center of said passenger shed or house and centering said li"ne run from said starting point th~ough t-he center of said building to a point two hun dred and fifty feet from the said passenger depot on the south side thereof, thence on a line run on a regular curve to the stone at the southeast corner of the or-iginal depot, north 70 west 91 I feet to the corner-stone of the tract owned by the Western & Atlantic Railroad, on Chestnut co:ner Carter street, thence north 20 east along t-he line of said street ei"ght hundred and seventytwo (872) feet to another corner stone of the depot ground on North street, thence along the line of Ninth .street, to the beginning, supposed to contain eight acres and seventy-nine hundredths, this conveyance of the ground covered by one-half of said depot building does not convey any right in the former part of t-his deed when the rights of the respective company to the use and ownership of said depot building and track are fully defined.

JoURNAL OF THE HOUSE,

To have and to hold the said bargained premises last named unto the said N a&hville & Chattanooga Railroad Company forever in fee simpk.

In witness whereof. I. as Governor of said State have bereunto set my hand and seal the day and date above mentioned.

Witness
M. J. CAMDEN,
J. A. WHITESIDE.

JosEPH E. BROWN, [Seal]
Governor of Georgia.

STATE OF TENN:ESSEE, Hamilton Couni:y.
Personally appeared before me Charles W. Vinson, clerk of the county court of Hamilton county, aforesaid,
M. J. Camden and James A. Whiteside, the two subscri'bing witnesses to the foregoing conveyance, with each -of whom I am personally acquainted, who after being sworn say that they are both personally acquainted with
Joseph E. Brown, Governor of Georgia, and that he ex-
ecuted said deed in their presence on the day it bears date for the purpose therein expressed.
Witness my hand at office in Chattanooga the 31st day -of August, 186o.
CHAS. W. VINSON, Clerk.
Per J. P. M. Millen, D. C.

STATE OF TENNESSEE, Hamilton County.
Register's office September the jrd, 186o, at 9 o'clock :a.m., then was the foregoing deed with its certificate re-ceived for registration, and is now of record in my office in Book N, pages 183, 184, 185 and 186.

381
Witness my hand at office in Harrison the day and date last above written.
A. W. MOORE, Register.
STATE OF TENNESSEE, Hamilton County.
r; H. F. Rogers, register of Hamilton, certify that the
foregoing pages and two lines are a true, perfect and cor-
rtct copy of the foregoing deed .from J. E. Brown, Gov-
ernor, to Nashville & Chattanooga Railroad Company, together with certificates of probate and registration as the same remains of record in my office in Book iN, pages I83 et seq.
Witness my hand at office in Chattanooga, Tenn., this 3rd day of November, I89o.
W. F. RoGERS, Register.
The "digest" referred to in the foregoing letter is presumed to be embraced in the following documents which had been previously handed to rhe Governor or sent him, presumably hy the authority of the Southern Railway, embracing an abstract of contracts, litigation, etc., and
copies of two letters from President J. W. Thomas, of
the N. C. & St. L. Railway, dated November 28, I890, and March II, I89-I, respectively.
OuTLINE oF TITLE oF SouTHERN RAILWAY TO AN INTEREST IN THE UNION STATION AT CHATTANOOGA, TENN.
Originally the land upon which this depot was erected be1onged to the State of Georgia. In I857 the Governor

382

JouRNAL oF 'tHE HQus:,

of that State made an agreement which was enlarged in 1858, by which the Governor of the State conveyed to Nashville & Chattanooga Railroad Company half of the land upon which the depot is situated, dividing it by a centerline running back from Ninth street, the western half belonging to the Nashville Road, the eastern half to the State of Georgia. It is contended that the Governors, Johnson and Brown, had no right to make this conveyance.

Letter of Assistant General Counsel W. A. Henderson to President Samuel Spencer.

I.
On September 12, 1857, the Nashville & Chattanooga Railroad Company and the Western & Atlantic Railroad entered into an agreement to build a passenger house in Chattanooga: The Western & Atlantic to control twothirds, the Nashville & Chattanooga Company to pay ten thousand dollars towards the cost of said house and tu be entitled to one-third of the building when completed.

II.
March 28, 1858, a modification of that contract was ma.de by another contract of said date, by which the W. & A. Railroad was to build the house with all due economy-the N. & C. Railroad Company to own one-fourth, embracing the western track, and to pay ten thousand
dollars; the E. T., V. & G. to take one-fourth at ten
thousand dollars; the W. & A. Railroad to take onefourth at ten thousand dollars; the remaining one-fourth to belong equally to the three. If the cost of the house exceeded $30,000, then the W. & A. Railroad was to be

WJU>NJ<:SDAY, }UI.Y 22, Igo8.

383

reimbursed to the amount of the excess, but not to exceed $s,ooo.
III.

By another undated contract, signed by V. K. Steven-
son, President of theN. C. Railroad, by J. H. Whiteside and J. M. Spurlock, Superintendent of theW. & A. Rail-
road, after satisfying the wants of theW. & A. Railroad
as to depot grounds, the E. T., V. & G. Railroad Com-
pany was to have access to and occupation of the passenger house and sufficient grounds for their tracks for
conducting transportation into and through the depot;
.and also sufficient grounds to be thereafter designated for railroad tracks and for conducting their freight busi ness wi.th connect.jng roads, by paying to the Superintendent of the W. & A. Railroad the original cost of the .depot and grounds as might in that event be obtained by
the E. T., V. & G. Railroad ~ompany.

IV.
After the building was completed, the E. T., V. & G.
Railr<_:>ad Company occupied the same, using one particular track in the depot. A one-fourth interest was leased to the M. & C. Railroad Company at $700 per annum.
v.
After the close of the war theW. & A. Railroad mad~! -certain improvements and repairs to the depot and premises and thereafter, on the 4th of October, 1873, filed a bill in the name of the State of Georgia, by the Governor and Comptroller-General, against the IN~ & C. Railroad
.Company, the E. T., V. & G. Railroad Company and

384

JoURNAL OF THE HousE,

the M. & C. Railroad Company, to collect the pro rata from these different roads of the cost of the improvements. This .cause was No. 1367 in the Chancery Court of Hamilton county at Chattanooga. In that cause the M. & C. Railroad Company disclaimed title and thereupon an amended bill was filed in order to prevent the allegations in the original bill from working an estoppel in favor of the M. & C. Railroad. This cause was tried and prosecuted to a conclusion. After proof was taken a decree was rendered in rhe cause, in which it recited "From all of which it appears that the respondents, the East Tennessee, Virginia & Georgia Railroad Company and theN. & C. Railroad Company are each joint owners with the State of Georgia in the depot at Chattanooga, known as the Union Passenger Depot, .fronting on Ninth street, in said city and running back in a southerly direction and that each of said respondents own one-fourth interest in the same and complainant one-half, as shown by the written contract of the parties. And because it further appears to the Chancellor that since the respondents have been such joint owners of said depot as aforesaid and the complainant has made large expenditures of money in necessary and proper repairs of said depot and premises, each of the respondents are liable and bound to contribute one-fourth of the same, etc.

VI.
The E. T., V. & G. Railroad Company used and occupied and claimed this one-fourth interest in the Union Depot as its own, and paid taxes on it after the term of the exemption of the railroads from taxation expired,
said E. T., V. & G. Railroad Company paid one-fourth
of the taxes on said property, which, including the taxes~

WEDNESDAY, Jur.-Y 22; rgo8.

3S5

as we interpret it, also upon the land upon which the depot was built. These taxes were both State, county and municipal.

The value of the depot at the time it was placed on the ground was very large in proportion to the value of the ground. The original depot, while described in ~use_ No. 1367, as fronting on Ninth street, i!l reality was back away from Ninth street some 75 or 100 feet; and this description we are of the opinion was rhus made in -view of the fact that all the parties looked upon the Union Depot as embracing the ground upon which the depot was situated out to and including the street. Some time since extensive improvements, amounting to about $IO,OOO, were placed upon the depot. These improvements consisted in the building of a large two-story brick addition in front of the old depot proper, and also the extension of nhe sheds in the rear of the old depot. Both of these improvements were made upon the ground not at all covered by the original depot. The building as now standing lacks fifteen or twenty feet of coming to the street line of Ninth street. T'he improvements, however, which were made, included improvements upon the ground in front of the depot and the sidewalk on Ninth street. For all these improvements the E. T., V. & G. Railroad paid one-fourth, the :N., C. & St. L. Railroad Company, the successor of the N. & C. Railroad Company, paid one-fourth, the W. & A. Railroad paid onefourth, and the M. & C. Railroad Company, which claimed title by virtue of a parol purchase of one-fourth interest, or of a written contract which is lost,- paid onefourth.

Suit was instituted by the E. T~, V. & G. Railway
26 hj

386

]OVRliAL ov nu~ Hous~,

Company against the N., C. & St. L. Railway Company

et al., having for its object the ~~~ and partition of this

property. The Chancellor, when he decided this case,

held that neither the Southern, nor the M. & C. had

any title to the land upon which the depot was situated,

but held that each company occupying it was entitled to

its proportion of the value of the depot improvements in

proportion as the amount paid in by them respectively on

account of additions and improvements bore to the value

of the depot houses, and ordered a reference to the mas-

ter to report this value, with the proviso that the Nash-

ville, Chattanooga & St. Louis Railway Company, or

the State of Georgia should within the time to be fixed,

pay in this value, or else that the improvements should

he sold.



'This case was heard in the Court of Chancery Appeals, and on October 20, 18g7, a decree was entered reversing the Chancellor's decree and holding as fol~ lows:

First-'fihat the ground upon which the Union Depot at Chattanooga, Tenn., stood belonged to the State of 'Georgia.

Second-That the Union Depot building was con-structed under contract between the N., C. & St. L. R.
Co., E. T., V. & G., M. & C. and W. & A. (lessees of
the State of Georgia), whereby each was to contribute one-f?urth of the expenses of construction, and was to 1.1se the building as a joint terminal so long as any one af them desired to do so; that the tracks were distributed among the four roads; that the E. T., V. & G. shouJd have sufficient ground for ingress and egress to and from the depot; that each was to contribute one-

Wtl>NSSDAY, JuLY 22~ r9QS.

38-'1

{Qtil.rth. o maintenance; that the Southern Railway, as
assignee <>f the E. T., V. & G. R. R. Co., was entitled to
use the pJrivid.eges secured by the contract so long as it desired to do so, and so long a it con:tplied with the conditions of die' contract for joint maintenance.

'Dhird-That the plaintiffs were not entitled to have a sale of the Union Depot property for division of proceeds.

From this decree the Southern Raiiway obtained a writ of error to the Supreme Court on October 26, I898, that court entered a decree affirming the decree of the Chancery Court of Appeals except so much thereof as adj_udic~ted' that the Svuthem Railway Company and the M. & C. were entitled to use the privileges secured to ~hem by the contracts. set out in the original and amended bills, for the reason that the question of thei: present right to use such privileges was beyond the pleadings in the case. Tlii's cause above stated was struck out, but the decree in all of the other respects was affirmed.

NASHVILLE, November 28, I89Q.
M.essrs. Poston & l?osfOtz,, Attorneys, Memphis, Tenn.
GENTLEM&N : Referring to yours of the 26th. My information is that ~he original Union Depot at Chattanooga was erected in I 858 by the Western & Atlantic R. R., the East Tennessee, Virgini'a & Georgia R. R. and the Nashville & Chattanooga Railroad Company under a contract which you will find recorded in the Register's Office at Chattanooga, September 3, I86o,

S88

JouRNAL OF TH~ Hous~,

Book N, page I83, by which theW. & A. has one of the four tracks; the N. & C. one, and rhe East Tennessee one track, and the fourth track was leased to the Memphis & Charleston R. R. for a term of thirty years, for which they were to pay $700 per year. Of this sum, $350 belongs to the Western & Atlantic, the other half t0 be divided equally between thee W. & A., N. & C. and the East Tennessee Railway, the track so leased at the end of the l.ease to belong to said roads in the proportion . in which they receive pay therefor.

(Signed)

Yours truly,
J. w. THOMAS,
President.

COPY.
NASHVILLE, TENN.; March I I, I891.
C. H. Hudson, Esq., General Manager, Knoxville, TentJ..
DEAR SIR: Referri'ng to yours of rhe 9th. My understanding is that the records of Hamilton county show that the W. & A. own 6-I6, the N., C. & St. L., S-I6, and the E. T., V. & G., S-I6, of the Union Depot at Chattanooga, and that Memphis & Charleston only leased the use of this building for thirty years from November, I858, agreeing to pay $7oo per annum, $350 to the W. & A., and $ISO eaoh to the N. & C. and the E. T., V. &G.
I do not wish to give any annoyance or trooble in regard to this matter; only desire to put thi's company on record so that the title to the building can not be im-

W:NESDAY, Jur.Y 2.?; -Igo8.

389

paired by the continued use by the Memphis & Charleston without, as we think, any legal title to the property.

(Signed)

Yours truly,
J. w. THOMAS,
President.

Subsequently and in response to a letter written by Attorney-General Hart to Governor Smith on March 12, 1908, the Governor desired- me to inquire fully and at large in reference to rhe matter referre~- to, and report thereon, and at the same time report in regard to such other major claims to and occupations of the right of way of the Western & Atlantic Railroad as might be possible in advance of the next meeting of the General Assembly. I have accordingly made such inquiries both in Georgia and Tennessee and taken such steps as seemed of most pressing importance and I herewith lay rhe result of my inquiries before you.
The ri'ghts of the State of Georgia to construct and maintain the Western & Atlantic Railroad within the limits of the State of Tennessee depend upon two t .. r" of t'he Tennessee Legislature passed January 24, 1838, and February 3, 1848, and here set out as follows:
AN AcT
To authorize the State of Georgia to extend her Western & Atlantic Railroad from the Georgia line to some point on the eastern margin of rhe Tennessee river.
Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the State of Georgia ~ltall

jOURNAl. OP TH:t HOUS,

be allowed the privilege of making every necessary recognizance and survey for the purpose of ascertaining the most eligible r'!ute for the extension of her Western & Atlantic Railroad from the Georgia line to some point on the eastern margin of the Tennessee river.

Sec. 2. Be it further enacted, That as soon as said route and point shall be ascertained the State of Georgia shall'be allowed the rigl;tt of way for the extension and constructi'on of her said railroad from the. Georgia line to the Tennessee river, and that she shall be entitled to all privileges, rights and immunities (except the subscription on the part of Tennessee) and be subject to the same restrictions, so far as they are applicable, as are granted, made and prescribed for the benefit, government and direction of the Hiwassee Railroad Company.

Sec. 3 Be it further enacted, 'fihat the foregoing rights and privileges are conferred upon the State of Georgia on condition that whenever application is made she will grant and concede similar ones, and to as great an extent, to the State of Tennessee or her incorporated companies.
JOHN CocKE, Speak~r of the House of Representatives.

Passed January 24, 1838.

TERRY H. CAHOL, Speaker of the Senate.

AN AcT
Conferring upon the State of Georgia additional rights in relation to the Western & Atlantic Railroad.

W:EDNESDAY, JuLY 22, 1go8.

391

Be it enacted by the G.eneral Assembl.y of the State
of Tennessee, That all the rights, pri"vileges and immunities, with the same restrictions which are given and granted to the Nashville & Chattanooga Railroad Company by the Act of the General Assembly of t!his State incorporating said company, passed December 11, 1845, are so far as they are applicable, hereby given to and conferred upon the State of Georgia, to be enjoyed and exercised by that State in the construction of that part of the Western & Atlantic lying in Hamilton county, Tennessee, and in the management of its business.

P. BucHANAN, Speaker of the House of Representatives.
,;
J. M. AND!';RSON, Speaker of the Senate.

Inasmuch as these Acts refer to the Charters of the Hiwassee Railroad Company and the Nashville & Chattanooga Railroad Company, these charters are here set forth, except such portions thereof as refer merely to details or corporate organization and which are therefore presumed to be manifestly immaterial. The charters. are as follows :
AN AcT
To incorporate the Hiwassee Railroad Company.
SECTION 1. Be it enacted by the General Assembly of the State of Tennessee That William Park et al. be and are hereby apP\)inted commissioners, under a direction ef v. majority of whom subscriptions may be received to the capital stock of the Hiwassee Railroad company,

392

JouRNAL oF THE HousE,

hueby incorporated, which commissioners, together with such other persons as now are or may hereafter become associated with them, their successors and assigns, shall constitute a body corporate, and they are hereby incorporated under the name aforesaid, and in that name they :shall have perpetual succession, may sue and be sued, plead and be impleaded, and shall possess and enjoy all the right, privileges and immunities, with power t:> make such by-laws, ordinances, rules and regulations, n.:>t inconsistent with the laws of this State and the United States, as shall be necessary to the well ordering and conducting the affairs of said company; and may by their by-laws, declare vacant the place of any director for nonattendance or neglect of duty; and the said company shall be capable in law of purchasing, accepting, selling, leasing and conveying estates, real, personal and mixed, to the end and for the purpose of facilitating the intercourse and transportation from Knoxville, East Tennessee, through the Hiwassee District to a point on the Southern boundary of .Tennessee, to be designated by the commissioners hereinafter mentioned as the most practical route to intersect the contemplated railroad from Augusta to Memphis.

S:ec. 1 1. Be it enacted, That the said President and Directors shall have power to appoint a cashier and all such officers, engineers, agents or servants whatsoever deemed necessary for the transactions of the business of the company, and may remove any of them at pleasure; may fix the salary or compensation of such cashier, engineers, officers or servants in the employ of said .company, and determine by their by-laws and manner of adjusting and settling all accounts against the company, and also the manner, effect and evidence of transfer of stock in said company.

W:s>Ntsi>AY, JuLY 22, 1908.

393

SEc. 13. Be it enacted, That the President and Direc:tors of said company shall be, and they are, hereby vested with all the powers and rights necessary for the building, -constructing and keep~ng in repair of a railroad from Knoxville, East Tennessee, through the Hiwassee District, to a point on the Southern boundary of Tennessee, -on the nearest, best and most practicable route.

The said road shall have as many tracks as may be .deemed necessary by the Board of Directors, but shaH .P.ot be n:ore than two hundred feet wide, to which wid::h the company may purchase and cause the same to be condemned for the use of sai'd road, or any less breadth, at the discretion of the Directory, and they may be caused to be made, or contract with others for making of saicl. road, or any part thereof, and they or their agents, or those with whom they may contract for making any part uf said road may enter upon, use and excavate. any land which may be laid out for the site of said road, or the -erection of warehouses, engine arbor's, reservoirs, booths, stables, offices and mechanics' shops, or other works necessary or useful in the construction or repair thereof .or of its works.

They may fix scales and weights, build bridges, lay rails, make embankments and excavations, and may use any earth, ground, rock, timber or material which may be wanted for the construction and repair of any part of said road, and may construct any, may acquire all necessary steam engines, cars, wagon and carriages for trans portation on said road by horse or steam power, and all necesary apparatus appertaining to the same.

Stt. J4. Be it enacted, '!'hat whenever it shall become
:necessary after said road is laid out, to subjeet the land

JouRNAL oF THE HouSE,
of individuals over which sai'd road is laid out to the use of said company, and if the right of s.:>il of the owner can not be had by gift or purchast, it shall be lawful for the President and Directors, thei'r agents, contractors, laborers alil.d servants to enter upon such lands and proceed in the opening and constructing of said railroad through the same; the pendency of any proceeding in any court, or before arbitrators, assessors or valuers, to estimate the damages that will be sustained by the owner or proprietor of said land by reason of opening of said road shall in no manner hinder or delay the progress of said work, and no order shall be made, nor any injunction or supersedeas be awarded by any judge or court to hinder or delay the progress of said work, the true in: tent of this Act being that all injury that may be done to any land without the consent of ~he owners or proI>rietors thereof, by opening or constructing the railroad through the sa:me, over and above the advantages of the road to the owners or proprietors of the lands, shall be fully and completely compensated for damages when ascertained, so that a work of great public utility may not be delayed hy lawsuits.
SEc. IS Be it enacted, That the President and Director of said company, their officers, servants and, agentsr shall have full power and authority to enter upon ali lands and tenements through which they may judge it necessary to make said road, and lay out the same according to their pleasure, so that neither the dwellinghouse, yard, garden, nor curtilage be invaded without ccnsent of the owner thereof; and if the company can not agree as to the value of the land, and the owner wilt not convey it in fee, either party may apply to the Circuit Court of the county where the said land li'es by

WEDNESDAY, jULY 22, igo8.
giving five days' notice, if the owner of the land _resides in the county, and twenty days' notice if he resides in any other county in this State, and by advertising in some newspaper printed in Knoxville, Athens or Madisonville if he resides out of the State, or be a 'body corporate, to appoint commissioners to assess t~1e value and condemn the land for the use of said road; and the court shall appoint five disinterested freeholders of said county, and who shall be sworn or affirmed justly and impartially to value the lands, who shall ascertain what damage the owner will s~stain, if any, by the location of said road over his land, always taking into consideration the benefit the road may be of to the owner, and the tendency said road will have to enhance the value of the land, and said five ~reeholders, any three of them concurring, shall report to said court as soon as practicable the damage. if any, and if none are sustained they shall report the fact, which report, if unexcepted to, shall be recorded,. and if any damages are assessed, the money shall be paid into the County Court by rhe company. The fee simple of land so valued as aforesaid, shall vest in said company ; and the description of the land and the report of the commissioners shall be made a matter of record, and when registered shall have the effect of a deed of conveyance in fee simple to the company ; provided, however, that when infants or persons of non compos are owners of !'he land, the guardian shall be notified of saict proceedings in said court, and if there be no regular guardian, said court shall appoint some person well qualified to defend and protect the interests of said infant or !!on-sane person.
S:ec. 16. Be it enacted, That the President and Direct(,rs, for the purpose of making said road or repairing

!l96

JOURNAL OF _THE HouSE,

the same after it shall have been made, shall be at liberty by themselves or agents, to enter upon any adjacent land, and cut, quarry, dig, take and carry away therefrom any timber, stone, gravel _or earth which may be necessary; provided, they shall not, without the consent .of the owner, cut down any fruit trees or trees prl!served in any enclosure for shade or ornament, or take away any materials constituting any part of a fence fot bui1ding-for all of which materials, under the authority vf this Act and for all incidental injuries done to ground, wood, enclosure or crops in carrying the"m away, the said company shall make the owner a reasonable compensation; and if the parties can not agree upon the price, it shall be ascertained by three impartial freeholders to be appointed by a justice of the peace at the application of either party, the opposite party having three days notice of the application to the justice. The three freeholders shall be sworn to do i"mpartial justice between the parties, their award shall be returned to the justice and shall stand as an award made by order. of the court upon the rights of the parties, upon ~hich the justice may enter judgment and issue execution if within his jurisdiction; if over, he shall certify the proceedings as in any other cases to ~he next court to be proceeded up as an award made by order of said court; provided, either party may have the proceedings corrected by certiorari and not by appeal; if the proceedings be quashed, the court may appoint other valuers and cause justice to be done as contemplated 'before and by order of the -court quashing said proceedings.

SEc. 17. Be it enacted, That should said railroad pass over vacant or unappropriated lands, said company shall have exclusive right of entering the land over which said

WEDNESDAY, JULY 22, Igo8.

397

road may be laid out, not exceeding two hundred feet in breadth, until the first day of January, 1839, and the entry-taker of the district or county through which sai<L road may be laid out shall not receive any entry within that period for the benefit of any o~her person or persons than said company under the penalty of five thousand dcllars, to be recovered by action of debt in any CSJurt having cognizance thereof at the suit of said corporation; provided, said company shall notify the entrytakers of the different counties through which said road may pass of the route ~hereof.

SEc. 18. Be it enacted, That said railroad company shall have power to acquire and own, as common stock of said company, lands near and connected with said road, on which to erect warehouses, booths, arbors, stables, reservoirs, etc., for the purpose of constructing said road and keeping it in repair, and for the convenience of transportation and places of deposit; which improvements they are hereby authorized to construct. If the company can not agree with the owners of the land necessary for the ~hove purposes, they may have it con. demned in the same manner as the land over which the road is laid out may be condemned by the I 5th section of this Act; provided, that no more than five acres shall be taken at any one place, except by agreement with the owners.

SEc. 19. Be it enacted, '!'hat the whole stock and property of said company, real, personal and mixed, and. the issues, profits and proceeds thereof, shall be holden
ir law, and are hereby declared to be personal property
ir all cases, and the said property, and the profit arising therefrom, shall be vested in the respective shareholders~

jOURNAL oF TH: HouSE,
thei" heir$ and executors, administrators and assigns, in the proportion of their respective shares.
SEc. 20. Be it enacted, That whenever it shall be-come necessary in the construction of said road to cross or intersect any public road now or hereafter established by law, it shall be the duty of said company so to con :Struct said road as not to impede the passage or tran.;portation of persons or property along the same.
SEc. zr. Be it enacted, That shall it be necessary to pass through the improved land of any individual, it shall be the duty of said company_ to provide such individual with a proper and suitable wagonway across said road from one part of his or her land to the other if the same :Shall be required by said owner at the time and route of said railroad .(is) determined on; but t!1e owner of said road may at any time after said road shall be opened and .completed construct and make such wagonway across the same at his or her own expense, under the supervisicn and direction of said company.
SEc. 22. Be it enacted, That if said. company shall not begin tl1le ratlroad contemplated by this Act, or contract foT the construction of some part thereof, on or before tile- first of January, 1838, and complete the same on or before the first day of Jan~ary, r844, the interest of said company in said road shall be forfeited and cease, and :also all right to take soil.
SEc. 23. Be it enacted, That as soon as any section of five miles of said road shall be completed, the Presi-dent and Directors may transport all persons, produce -and commodities, such person or persons, or owners of :such produce or commodities first paying the saia com-

WEDNESDAY, JULY 4!2, 19Q8.

:W9.

p<tny or their agent the toll that. may be demanded for :that purpo~. The capital stock of said company shall. .be forever exempt from taxation; and all other property .of every descl"iption situated within this State, including the road and rails, shall be exempt from taxation for .and during the period of twenty years from the completion of said road and no longer.

SE.c. 24- Be it enacted, That when said railrOa.d sha11 :be completed, or any five miles thereof, the President and Directors shall on the first Monday in January and July :iu each and every year, declare and make such dividend;; -of net profits, or the tolls herein granted, as may be advisable to be divided among the proprietors.

SEc. 25. Be it ena:cted, That if any person shall wil:Julty injure, impair or destroy any part of said road con:Structed under this Act, or any of the necessary work, buildings, machines, wagons, cars, booths, reservoirs, bridges or viaducts, such persons shaU be subject to indictment, and on conviction shall be fined and imprison-ed at the discretion of the court and jury, and shall moreover be liable to an action of damages at the suit of :Said company in any court having cognizance thereof.

SEc. .z6. Be it enacted, That said company shall be :authorized to charge the following tolls, to wit: For every-passenger, not exceeding six cents per mile; for -every one hundred pounds of goods, wares, merchandise, produce and commodities of every description, not exceeding one-half cent per mile on heavy articles and ten cents per cubic foot on articles of measurement.

. SEc. 27. Be it enacted, That full right and privilege 1& hereby reserved to the citizens of the State or any

400

JouRNAL OF THE HousE,

company hereafter to be incorporated under the authority of ~his State to connect with the road hereby provided for any other railroad or public improvement provided no injury is done to the works made, and created by said company hereby incorporated; and provided, alsoi that the same shall not interfere with the privileges hereinbefore granted.

SEc. 28. Be it enacted, That if any amount of _stock should not be subscri1bed sufficient to complete the work from Knoxville to the south boundary line of the State, as contemplated by this Act, or if a majority of ~he Board of Directors should deem it advisable or expedient to begin the work on some point on Big Tennessee River, and should complete the work from such point to the south boundary line of the State of Tennessee, the work Il'ay be con!?idered as completed, anything in this Act to the contrary notwithstanding. But the Board of Directors may, in their discretion, continue saoid road tc . Knoxville should they begin the work at some other point.
EPHRAIM H. FosTER, Speaker of the House of Representatives.

JONATHAN WEBSTER, Speaker of the Senate.

AN AcT
To incorporate the Nashville & Chattanooga Railroad.
SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That for the purpose of establishing a communication by railroad between Nashville

WEDNESDAY, JuLY 22, 1908.

401

and Chattanooga, the formation of a company is hereby authorized which, when formed, shall be a body corporate by the name and style of "The Nashville & Chattanooga Railroad Company," and by said corporate name shall be capable in law to buy, receive by gift, hold, seil and convey real and personal estate, as hereinafter provided, make contracts, sue and be sued, to make by-laws and to do all lawful acts properly incident to a corporation, and necessary and proper to the transaction of the business for which it is incorporated, and to have and use a common seal, and the same to alter and destroy at its pleasure, and shall have perpetual succession of members.

SEc. I 3- After the route of such railroad shall have been actually surveyed and adopted, and a plat thereof deposited in the office of the Secretary of State, it sha!l not be lawful for any other ratlroad to be built, cut or ~onstructed in any way or manner, or by any authority whatever, running laterally within twenty miles of the route so adopted, unless by said company or with the consent of the Board of Directors thereof for the time being.

SEc. 14. The said company shall have the exclusive right of transportation or conveyance of persons, goods and merchandise and produce over the said railroad by them to be constructed; provided, that the charge of tmnsportation or conveyance shall not exceed thirty-five ct.nts per hundred pounds on heavy articles, and ten cents per cubic foot on articles of measurement for every hundred miles, and five cents per mile for every passenger; and provided, also, that the said company may, whe':l they see fit, farm out their rights of transportation <>n said road, subject to the rates above mentioned.
26 hj

402

JouRNAL oF THE HousE,

SEC. 21. The said company may purchase, have, hold in fee, or for a term of years any lands, tenements or hereditaments, which may be necessary for said road or appurtenances thereof, or for the erectiOn of depositories, stone houses, houses of the officers, servants or agents, of the company or for workshop or foundries to be used for the said company, or for procuring timber, stones or other material necessary for the construction of the road or its appurtenances or for affecting transportation thereon..

SEc. 22. The said company shall have the right when necessary to construct the said road or any branch t-hereof, across or along any public road or water course; provided, that the said road and navigation of such water courses shall not be thereby obstructed ; and, provideti further, that such railroad shall not be located so near any turnpike road as to injure or prejudice the interests of the stockholders in such turnpike road, except upon such terms as may be agreed upon by rhe president and directors of the same on behalf of the stockholders.

SEc. 23. That said company may purchase, have anrl hold any bridge or turnptke road over which it may be necessary to carry the said railroad; and when such purchase is made to hold rhe said bridge or turnpike road on the same terms and with all the rights which belong to the individual, individuals or corporation from which purchase may be made; provided, that the said company shall not obstruct any public road without constructing
anot-her as convenient as may be.

SEc. 25. In the absence of any contract with the said company in relation to the lands through whi'ch the said road may pass, signed by the owner thereof or by his.

403
agent or any claimant or person in possession thereof, which may be confirmed by the owner, it shall be presumed that the land upon which the said road may be constructed, together with a space of one hundred feet on either side of the center of the said road, has been granted to the company by the owner thereof, and th<! said company shall have good right and title thereto, and shall have, hold and enjoy the same as long as the same be used only for the purposes of the road and no longer, unless the person or persons owning the land at the time that part of the road which may be on said land was finished, or those claiming under him, her or them shall apply for an assessment for the value of said larids, as hereinbefore di"rected, within five years next after that part of said road was finished, and in case the said owner or owners, or those claiming under him, her or them shall not apply for such assessment within five years next after said part was finished, he, she, or they shall be forever barred from recovering the said land, or having any asses_sment or compensation therefor; provided, nothing herein contained shall affect the right of feme coverts or infants until two years after the removal of their respective disabilities~
SEc. 26. If any person shall intrude upon the said railroad or any part thereof, or of the rights and privileges connected therewith without the permission or contrary to the will of the company, he, she or they shall forthwith forfeit to the said company all the vehicles that may be so intruded on said road, and the same may be recovered by suit at law, and the person or persons so intruding may also be indicted by misdemeanor, and upon conviction fined and imprisoned by the court of competent jurisdiction.

404

JouRNAL oF TilE HousE,

SEc. 27. If any person shall wilfully and maliciously destroy or in any manner hurt. damage or obstruct the said railroad, or any bridge or any vehicle used for or in the transportation there:::m, such person or persons so offending shall be liable to be indicted therefor, and on conviction shall be imprisoned not more than six nor less than one month, and pay a fine not less than twenty dollars, and shall be further liable to pay all the expenses of repairing the same ; and 1t shall not be competent fo< any person so offending against the provisions of this clause to defend !himself by pleading or giving in evidence that he was the owner, or agent, or servant of the owner of the land where such destruction, hurt, damage, injury or. obstruction was done or caused at the time the same was caused or done.

SEc. 28. Every obstruction to the safe and free passage of vehicles on said road shall be deemed a public: nuisance, and may be abated by such as an officer, agegt or servant of the company, and the person causing such obstruction may be indicted and punished for erecting <t public nuisance.

SEc. 29. The said company shall have the right to take at the storehouses they may establish or erect to their railroads, all goods, wares, merchandise and produce intended for transportation prescribed by the rules of priority, and charge and receive such just and reasonable compensation for storage as they by rules, may establish, or as may be fixed by agreement with the owner, which may be distinct from the rates of transportation; provided, the said comi>any shall not charge or receive storage on goods, wares, metchandise or produce which may be delivered to them at their regular depositories for im-

WEDNESDAY, JULY 22, 1908.

40/)

mediate transportation, and ~hich the company may have the power of transporting immediately.

SEc. 32. \Vhenever in the construction of said road it may be necessary to cross or intersect any established road or way, it shall be the duty of the company to construct said road across such established road or way so as not to impede the passage or t:-Cinsportation of persons or property along the same; or where it shall be necessary to pass through the land of any individual, it shall be their duty to provide for such individual a proper wagon way or ways across said road from one part of his land to the other.

SEc. 33 The said company shall possess such additional powers as may be convenient for the due and successful execution of the po\vers granted in this charter and for the successful construction and management of the work.

SEc. 34 This charter shall be amended from time to time by the Legislature whenever the President and Directors shall unanimously petition for the amendments; and when such amendments shall be adopted by the Legislature and submitted to the directory and be accepted unanimously by the President and Directors, they shall be obligatory on the stockholders, and not otherwise.

SEc. 38. The capital stock of said company shall be forever exempt from taxation, and the road with all its fixtures and appurtenances, including workshops, warehouses and vehicles of transportation, shall be exempt from taxation for the period of twenty years from the completion of the road and no longer.

406

JouRNAL oF THE HousE,

SEc. 39 The railroad authorized by this Act shall be commenced within three years after the passage of this Act and shall be finished within six years thereafter; otherwise the charter granted shall be void.
In virtue of these grants of power the State of Georgia, prior to 1855, has acquired a tract of land within the present limits of Chattanooga, embracing the present passenger depot and the present central yards used by the lessee company, as well as a considerable amount of land now covered by business houses. For the present purpose of inquiring into the rights of the Southern Rail way in the depot, it is not material to go any further iiito detail as to the limits of these purchases.
In addition to the copy set out in :\Ir. Henderson':. letter, of a deed alleged to have been made by the Go\-
ernor of Georgia in r86o and already incorporated here-
in, the following documents have at various times in the past been set up and alleged to exist or to have existed. They are here set forth for purposes of reference anri will be treated herein as genUine, though I deem it propel" to say that I have no evidence of their authenticity except the claims of the various railroad companies concerned.

I.

STATE oF TENNESSEE, Hamilton County.
~femorandum of an agreement entered into this, the 13th day of November, 1855, by and between Vernon K. Stevenson, president of the Nashville & Chattanooga. Railroad Company, and James F. Cooper, superintendent of the \Vestern & Atlantic Railroad. Subject to the rati'fication of their respective principals, to wit: The Board

\VEDNESDAY, JuLY 22, I9QS.

407

of Directors of the Nashville & Chattanooga Railroad Company, and his excellency, Herschel V. Johnson, Governor of Georgia, the Western & Atlantic Railroad is to convey to the Nashville & Chattanooga Railroad Company that portion of their ground lying west of the line through the center of the joint passenger house, said line being straight for three hundred feet south of said passenger house, thence curving regularly until it intersects t4e southeast corner of said purchase.

And the Nashville & Chattanooga Railroad Company is to convey to the said Western & Atlantic Railroad a strip of ground lying east of a line commencing at said southeastern corner, then curving regularly parallel to the track of the Western & Atlantic Railroad until it intersects the original tract of said road, thence along said tract to the eastern line of the tract purchased by the Atlantic & Western Railroad, thence along said line to the corner aforesaid.

It is agreed that the lands thus exchanged shall be
valued at cost and interest, and the difference when thuc;
valued is to 6e paid to the party which conveys the larger
portion of land.

All the above lands lying and being within the corporate limits of the city of Chattanooga, in said State and cmmty, and being the depot grounds of the said railroads.

In witness of this agreement the parties thereto have set their hands and seals the day and year a:bove written.

(Seal)

V. K. STEVENSON, President.

J. F. CooPER,
Supt. W. & A. R. R.

408

JouRNAL oF THE HousE,

ExEcuTivE DEPARTMEN1', MILLEDGEVILLE, GA.

December 13th, 1855 I hereby ratify the foregoing contract under my hand and seal of the Executive Department at the capitol m Milledgeville on the day aud year above written.
HERSCHEL V. JoHxsox, Governor of Georgia..

II.
CHATTANOOGA, Sept. 12th, 1857.
\Ve, the undersigned, on the part of the roads we respectively represent, do hereby agree as follows: That the \ Vestern & Atlantic Railroad authorities shall, <>.~ soon as the same can be reasonably accomplished, hav~ erected a passenger house in Ohattanooga for the accommodation of the different railroads meeting at that point.
The house to be in plan, size and finish in all respec~:; the same as the passenger house at Atlanta, with the privilege, however, of making the walls of stone in whole or in part at the option of the Superintendent of the \Vestern & Atlantic Railroad. The Nashville & Chattanooga Railroad Company agrees to pay ten thousand dollars towards the cost of said house, to be advanced from time to time, as the work progresses, in such sums. as the engineer of the Nashville & Chattanooga Railroad Company may consider properly due, and for which the said Nashville & Chattanooga Railroad shall be entitled to one-third of the building when completed. The house to cover the site heretofore designated for a joint passenger house. The '-Nestern & Atlantic Railroad shalt

\VEDNESDAY, JULY 22, 1908.

409

have control of two-thirds of the said house, and the right to sell and reserve the proceeds for one-third.

(Signed)

J. M. SPURLOCK,
Supt. W. & A. R. R.

Signed in duplicate. JOHN D. LUMPKINS.
v. K. STEVENSON.
Probated by J. A. whiteside, director for the Nashville
& Chattanooga Railroad Company.

III.
ExHIBIT .B To ANSWER OF NASHVILLE & CHATTANOOGA RAILROAD TO BILL No. 1367.
CHATTANOOGA, March 24th, 1858.
The Nashville & Chattanooga Railway Company consents to a modification of the contract of 12th September,
1857, between J. M. Spurlock, Superintendent Western
& Atlantic Railroad and the said Nashville & Chattanooga Railroad Company for building a joint passenger house at Ohattanooga, as follows:
1st. The \Vestern & Atlantic Railroad shall build the house, all due economy.
2d. The Nashville & Chattanooga Railroad Company shall own one-fourth, embracing the western tracks, and pay ten thousand dollars.
3d. The East Tennessee, Virginia & Georgia Railroari to take one-fourth at ten thousand dollars.
4th. The \Vestern & Atlantic to take one-fourth at ten thousand dollars.

-410

JouRNAL OF THE HousE,

5th. The remaining fourth to belong equally to the three; but if the cost of the house exceeds thirty thoucsand ($30,000.00) dollars, the Western & Atlantic Railroad shall, out of the proceeds of the sale of the remaining fourth, be reimbursed the amount of the excess; but this excess or reimbursement shall in no event exceed five thousand dollars, and the balance of the proceeds of -sale of the one-fourth shall belong equally, and be so cdivided, between the three parties named.

6th. Roof may not be covered with tin, but with other :good substantial durable material suitable to its slope.

(Signed)

JAMES A. \VHITESIDE,

-Director and Member of the Executive Committee Nash-

ville & Chattanooga Railroad Company.

I agree on the part of the Western & Atlantic Railroad to the above modification if approved by the Executive of Georgia and concurred in by the East Tennessee & -Georgia Railroad.

(Signed)

JoHN W. LEWIS, Supt. vV. & A. R. R.

IV.
OFFICE WESTERN & ATLANTIC RAILROAD,
ATLANTA, GA., Feb. 2, I859
This agreement made this day between the State of
Georgia acting through their agent, John W. Lewis, Su-
-perintendent of the vVestern & Atlantic Railroad, subject to the approval of the Gov~rnor of the State, of the first :part, and the Memphis & Charleston Railroad Company,

WEDNESDAY, JULY 22, 1908.

411

acting through their president, Samuel Tate, of the sec. <>nd part.
Witnesseth, that the party of the first part has this day leased to the party of the second part, one undivided fourth interest in the new passenger house now under construction at Chattanooga, Tenn., for the term of one year from the first day of March next with the privilege '()f renewing the same lease from year to year for thirt.v years, upon the terms and conditions herein specified, to wit, the party of the first part are to complete said house ~in all respects in accordance with the contract heretofore entered into with the Nashville & Chattanooga Railroad Company, and the party of the second part is h> bave the exclusive privilege of one of the tracks on the west side of the house, together with an equal 'and joint -privilege with the three other roads occupying the said bouse, to all the general privileges and profits, if any, arising from the whole house. The party of the secon:l ~part agree to pay for said lease the sum of seven hundred dollars per annum, payable semi-annually, and also to pay one-fourth of the necessary expenses to said house the time they occupy the same.
It is further agreed by the party of the first part, that should the party of the second part desire to termina!e said lease by an actual purchase of said one-fourth interest in said house, they shall have the right to do s~ by the payment of ten thouand dollars at any time they :may see proper to do so.
Signed in duplicate, the 2d day of February, 1859
JoHN W. LEWIS, Supt. W. & A. R. R.
SAM TATE,
Pres. M. & C. R. R.

412

JOURNAL OF Tin~ HousE,

ExEcuTIVE DEPARTMENT, l\IILLEDGEVILLE, GA., February 4, 1859

I ratify and approve t>he foregoing contract.

By the Governor.

JOSEPH E. BROWN,
Governor of Georgia.

?vf. D. McCoMB, Secretary Executive Department.

In the year 1891 the East Tennessee, Virginia & Geor-. gia Railway Company brought its bill in equity before the chancery court of Hamilton county, Tennessee,. against the Nashville, Chattanooga & St. Louis Railway Company, the l\Iemphis & Charleston Rat!way Company,. and the State of Georgia. The original bill set up that complainant was the owner of one-fourt>h undivided interest in the \Vestern & Atlantic passenger depot in Chattanooga "including one of the tracks running into and within said union depot and the privileges appertaining thereto," that the State of Georgia and the Nashville, Chattanooga & St. Louis were each the owners of a fourth ariel t>hat the :Memphis & Charleston claimed .=t fourth, and that the property was not susceptible of dhision. The bill thereupon prayed for a sale for partition and for a decree as to the rights of the partie3. This bill was filed July 30th.

On August 18th the Memphis & Charleston filed its. answer and cross bill, admitting t>hat complainant and irs.

WEDNESDAY, }ULY 22, 1908.

413

co-respondents owned between them three-fourths. of the depot property but disclaiming any knowledge as to the proportions, and averring that it owned one-fourth, and joining in the prayer for partition.

The cross bill further set up that in r88r it, together
with the N., C. & St. L., the E. T., V. & G. R. R. Co.,
and the \V. & A. R. R. Co., were in possession of the depot "under a lease or agreement," etc., and exhibited said alleged writing-the exhibit being substantially identical in terms with the alleged deed of August 17, r86o, accompanying Mr. Henderson's present demand oa Governor Smith.

It alleges that m r88r it made a contract with one or all of its .co-tenants for a purchase of an undivided fourth for $w,ooo and agreed to pay one-fourth the expense of erecting additional improvements thereon. ThP. evidence of this contract was lost, but in any event it had always been recognized and acted on, and respondent has not paid any rent since. On the contrary, it did pay half the purchase price ($s,ooo) and its fourth d the improvements ($14,254) and would have paid the other $5,000 if the other parties had been able to make good titles.
Recognizing some informality in its title, respondent claimed that some of the parties should pay back the $19,000 if it could not share as a joint owner.

In September the State of Georgia filed a demurrer

414

. JOURNAL OF THE HousE,

to the original bill, and the Nashville, Chattanooga and St. Louis ~ailway Company filed a demurrerand answer tc) the original bill and a demurrer and answer to the cross bill.
In the former the N., C. & St. L. denied that complainant owned any interest, and averred that it and the State of Georgia alone were owners of divided interests as shown in the deed of 186o. It also declared that plaintiff had never, before the present action, claimed any right except to pay one-third the expenses of maintenance and receive one-fourth the rentals paid by the M. & C. R. R. Co. This arrangement, it declared, was merely a matter of convenience in providing joint terminals for public use, and would be defeated by the partition prayed. Complainant had at most a mere chattel interest and had recently voluntarily abandoned that. The title of the property was originally in the State of Georgia, which had never parted with any title therein except as shown in the deed of 186o exhibited with the cross bill.

In its answer to the cross bill substantially the same issues were made by the N. C. & St. L. Ry. Co., but it was admitted that the Memphis and Charleston did, about 1858, acquire some sort of leasehold rights for thirty years in the depot.

In October the State of Georgia filed a demurrer to the cross bill.

April 22, 1892, complainant filed an amended bill

WEDNESDAY, JULY 22, 1908.

415-

against the same respondents and the present lessee, t~1e \Vestern & Atlantic Railroad Company. This was a very lon.g document and need not all be synops1'zed here. Among other things, it alleged its own identity with certain former companies known as the East Tennesseeand Georgia, the East Tennessee and Virginia, and the E. T., V. & G. R. R. Co., and, renewing its claim of title, set forth and exhibited the contracts of I8Si and 1858,. already herein set out, as part of its evidence of title, averring that the modified contract of 1858 was in fact "approved by the Governor of Georgia, Hon. Joseph E. Brown, and was concurred in by the East Tennessee and Georgia Company, which concurrence was evidenced bya writing endorsed on the back of said contract." Theamendment further purports to exhibit an additional: contract made, as alleged, at some time prior to March, 24, 1858, between the Nashville and Chattanooga R. R.. Co., and the Western & Atlantic on t>he one hand and
complainant's predecessor, the E. T., V. & G. R. R. r _
have not been able to find any copy of this contract, but the amended bill states as follows in regard to it:

It agrees that a passenger house shall be erected by all three of the companies at Chattanooga, for theirjoint use, to be paid for and owned equally by each; theEast Tennessee & Georgia Company for occupation ofand access to said depot, was to have sufficient and suitable grounds for its tracks, and was also to have sufficient ground for its railroad tracks and for conducting its . freight business, on paying the superintendent of theWestern & Atlantic Railroad the original cost of the land.

416

JouRNAL OF THE HousE,

'Dhe amended bill adds that the three railroads and arso the M. & C. have jointly and continuously used the depot ever since, until recently the exigencies of its business had compeHed it to seek other quarters, that it paid its share of the cost of the house, and of the land, and has always paid its share of the taxes, and that until now, it has always been admitted to be the owner vf a fourth both of the house and the land. It sets out elaborately the deed of 186o and pleads its recitals as an estoppel in complainant's favor. The amended bill fur ther sets up that prior to 1873, considerable repairs and improvements were put on the property by Foster Blodgett, superintendent of the W. & A. R. R., and that in the latter year, the Governor and Comptroller-General of Georgia brought a bill in equity against the tl1ree railroad companies enjoying the use of the depot to compel contribution, and subsequently by amendment or supplemental bill alleged joint ownership in the N. & C. R. R. Co. and the E. T., V. & G. R. R. Co., and tenancy in theM. & C.

:<\t a later stage of the cause now under discussion, the decree that was rendered in this bill of Smith, Governor, et al., in 1875, was exhibited and relied on as an estoppel. The decree was as follows :

At a Chancery Court begun and held at the court house in the city of Chattanooga, Hamilton county, Tennessee, being the regular term of the Chancery Court of Hamilton county, on the second Monday in October, J875, present and presiding the Hon. Wm. M. Brad

.WEDNESDAY, }ULY 22, 1908.

417

ford, Chancellor of the Third Chancery Division of Tennessee, the following proceedings were had, to wit:

The Vi/estern & Atlantic Railroad, of the State of Geor-
gia, for the use of the State of Georgia,
vs.
The Nashville & Chattanooga Railroad Co., The E. T.,
V. & G. R. R. Co. et aL
This cause came on to be finally heard and determined before Chancellor Bradford on this 3d day of November, 1875, upon the pleadings, proofs and exhibits in the cause, from all which it appears that the respondents, the East Tenn., Va. & Ga. Railroad Co., and the N., C. & St. L. Railroad Co., all each joint owners with the State of Georgia in the depot in Chattanooga known as the Union Passenger Depot, fronting on Ninth street iq said city and running back a southerly direction; and that each of said respondents own one-fourth interest in the same and complainant one~half, as is shown by the written contract of the parties. And because it further appears to the Chancellor that since the respondents have been such joint owners of that depot and premises used and known as such Union Passenger Depot as aforesaid _the complainant has made large expenditures of money in the necessary and proper repairing said depot and premises, for which each of the aforesaid respondents are justly arid equitably liable and bound to cantribute each one-fourth of the same. And because it is admitted in open court before the Chancellor that the proper and just amount which each of the aforesaid respondents is liable to contribute and pay on account of said repairs and improvements is the sum of $1,250 each to be paid in three months from the date of this decree without interest. And that each of said respondents ought to pay
27 h j

418

jOURNAL OF Til I( I lousE,

one-fourth of the costs of this cause and the complainant the other half of the same; it is, therefore, upon such admissions as well as upon the whole case, ordered, adjudged and decreed by the Chancellor that the complainant recover of each of the aforesaid resp0ndents the sum of $1,250, but that no interest shall accrue upon the same until the expiration of three months from the date of this decree and that execution be stayed for three months from the date of this decree, after the expiration of which time, in default of payment, execution may issue against said respondents respectively for the same.
It is further decreed that the complainant and E. M.
Dodson and J. L. Smith, its surety for the prosecution
of this suit, pay one-half of the costs of this cause; and that said respondents, the N., C. & St. L. Railroad Co.,
and the E. T., V. & Ga. R. R. Co., each pay one-fourth
of the costs of this cause, for which execution may issue. It is further agreed by the parties that this decree i.:;
in no manner to interfere with or operate as an adjudication or settlement of any claims or demand which each or either of said respondents may have against the complainant or any other party or person for rents which the complainant or its agents, etc., has or should have collected of the :\1emphis and Charleston R. R. Co., or other party for the use of said depot or for any portio~ of which said complainant may be liable to account to said respondent or either of them by any agreement subsisting between said W. & A. R. R., or the State of Georgia and said respondents, but tnis agreement is not
to be construed as any admission by complainant of any such agreement or liability. And by consent the decree heretofore rendered in this cause at the present term is vacated and for nothing held.

Another matter set up at length in the supplemental

WEDNESDAY, JULY 22, Igo8.

419

bill was the alleged fact that about 1882 extensive additions and improvements were made to the depot property by the four lines using it and with mutual recognition of each other's ownership. The cost was <1.lleged to be $8o,ooo, whereof one-fourth each was paid by the l\L & C., the N., C. & St. L., the E. T., V. & G., and
the vV. & A., the latter being a tenant of the State of
Georgia, and the said State accounting to it therefor a:;; betterments at the end of the lease. These matters were pleaded as estoppel, and in this connection reference is made in the pleadings to the letter of March I I, I89I, from J. \V. Thomas to C. H. Hudson, the same letter now exhibited by Mr. Henderson to Governor Smith, and hereinafter copied.

The amended bill distinctly averred title both to the ground and house, and prayed for a sale for division or, some equitable reimbursement for the complainant's outlay. On May I7, I892, the State of Georgia demurred to the amended bill.

There were a great many more pleadings filed and the record in Chattanooga is very extensive. It is unnecessary to set out the pleadings any further, as the issues are indicated with reasonable clearness by what has already been set out. In its answer to the amended bill, filed August 5, I892, the N., C. & St. L. denied any knowledge as to any of the exhibits except the deed of I86o. June I2, I894, Georgia filed an answer to the cross bill, and on July I I, I894, to the amended bill. In these pleadings the State alleged inter alia, that the deed

420

JouRNAL OF THE HoUSE,

of 186o was conditional, and that the conditions have never been complied with. It also denied any authority in the lessee company or the Governor to convey property without the consent of the Legislature.
In May, 1895, the bill was revived at the instance of the Southern Railway Company and that company was made party complainant as successor to the rights of the .E. T., V. & G. Ry. Co.

June 2, 1897, the Chancery Court of Hamilton county pronounced the following decree in the cause :

At the regular term of Chancery Court of Hamilton county, Tennessee, begun and held at the court house in the city of Chattanooga, said county and State, o-:1 the first .Monday, it being the 5th day of April, 1897, present and presiding the Hon. T. M. McConnell, Chancellor in and for the Third Chancery Division of said ,State; whereupon the court, on request of the members of the bar, adjourned until Monday morning, April 19, 1897, at 9 o'clock.

Monday Morning, April 19, 1897.

Court met pursuant to adjournment, present and presiding Hon. T. M. McConnell, Chancellor, when the following proceedings were had, viz. :

E. T., V. & Ga. Ry. Co. l

J vs.

~ No. 5719.

N., C. & St. L. Ry. Co. et als.

In this cause it appearing to the court that respondent Western & Atlantic Railro1.d of Georgia is regularly in

WlU>NESl>AY, }UI.Y 22, Igo8.

421

'COUrt by publication and by the entrance of appearance .by counsel, and that said Western & Atlantic Railroad has not filed any answer in this cause, it is therefore decreed by the court that judgment pro confesso be taken and had against said 'vVestern & Atlantic Railroad and that this ce~:ust: be set for hearing ex parte as to said \Vestern & Atlantic Railroad.

And thereupon this cause came on to be heard before the Hon. H. A. Chambers, Special Chancellor, <>n the pleadings, proof and argument of counsel, and after mature deliberation the Court doth order and decree as .follows.
I.

All demurrers filed by defendants are overruled.

The State of Georgia is in court and subject to its jurisdiction in this cause.
II.

The title to the soil or ground of the lot in controversy is in the State of Georgia. Complainant, the East Tennessee, Virginia and Georgia Railroad Company and its assignees, or successors in interest, the Southern Railway Company, have acquired no title to said lot by .estoppel or otherwise.

III.

The buildings and improvements now on the lot, incduding floors, tracks and foundation, parts of walls and .pillars, everything except the soil itself, belong to t!1e four parties to this case, to wit:
I. The State of Georgia. 2. Nashville, Chattanooga & St. Louis Railway Co.

422

JOURNAL OF THE HousE,

3 Southern Railway Company. 4 The Memphis & Charleston Railway Co. in the proportion that the money furnished by each and used in making and maintaining the buildings and improvements now on the lot, including taxes and operating expenses, bears to the present value of said buildings and improvements, less any profits or income therefrom.

But in fixing the proportion, the rents paid by the Memphis & Chattanooga Railroad Company are not to be cvnsidered or credited to it. No credit will be allowed to it or to complainant for rents for their interests ir. said property since they withdrew from and ceased to use it. They will not be charged or the other parties credited with any etraordinary improvements on th!! property since their "ithclrawal, but with only ordinary repairs to keep the property in good condition.
The State of Georgia is to be treated as representing and owning the interests of the \Vestern & Atlantic Railroad, and the \Vestern & Atla11tic Railroad Company.
IV.

A reference will be had to the Master to ascertain from the proof on file, and any other hereafter produced by the parties. and report.

First-The amount furnished by each party and used in the making and maintaining the buildings and improvements now on said lot.

Second-The present value of said buildings and improvements.
Third-The present value of the interests of each party

WEDNESDAY, }ULY 22, 1908.

423

in said buildings and improvements according to the proportion hereinbefore declared.

Fourth-\Yhen these amounts and values are fixed by the court on said report, or otherwise, the State of Georgia and the Nashville, Chattanooga & St. Louis Railway Company shall have the option, for such time as the court may then determine, to buy the interests of the complainant and the Memphis and Charleston Railroad Company, at the fixed present value or any amount on which they may agree, and if they fail to buy under th~s option, then a public sale of the buildings and improvements, with right of removal, will be made on such terms as the court may fix in making the order for sale, and the proceeds divided prorata on the respective interests of the several parties, and costs to be equally divided between the four parties.
Sixth-Appeal may be had now if desired.

And the Nashville, Chattanooga & St. Louis Railway and the \Vestern & Atlantic Railroad Company pray an appeal from said decree to the next term of the Supreml! Court of Tennessee, to be held at Knoxville, which appeal is granted upon said appellant entering into appeal bond in the sum of two hundred and fifty ($250) dollars, conditioned as required by law.

In making out the transcript for the Supreme Court by agreement of all the parties, the Clerk and Master will not copy into the transcript any of the vouchers 01 other exhibits to the depositions except the exhibits to the st~~<.ment cr dt'position of Stacy Lord, nor any of the other documentary evidence used on the trial except the transcript in cause I 367, and it is agreed that any

424

JoURNAL OF TH HoUSE,

1x1rty to the suit may use on the trial in the Supreme Court a;1y part of the 01 :ginal record that was filed in t:1e Cl1ancery Court, the <an'e as though copied into and made part of the transcript.
But the Clerk and Master will copy into the transcript any part of the record that he may be directed so to do in writing by any of the attorneys for any part of the suit.

And thereupon Brown and Spurlock appeared in open
court and acknowledged themselves as sureties of said
N., C. & St. L. Ry. and the vV. & A. R. R. Co., for the
costs of said appeal and thereupon appeared in open
court, Garnett Andrews and Vv. P. McClatchey and
acknowledged themselves as sureties of the State of Geor-
gia for the cost of said appeal, which may be adjudged against said State of Georgia.

And thereupon appeared in open court Cooke, Swaney & Cook and acknowledged themselves as sureties of East Tennessee, Virginia & Georgia Railway Company, the Southern Railway Company, and the Memphis and Charleston R. R. Company for the costs of said appeal which may be adjudged against them or either of therri.

The case was then taken on appeal to the Chancery Court of Appeals at Knoxville, where it was decided in October, 1897, and afterwards to the Supreme Court. The opinions were not printed in either court, but I have recently procured certified copies and hand them to . you herewith. That of the Chancery Court of Appeals is too long to embody herein and for that reason I only undertake to state the important points adjudged an::l

WEDNESDAY, JuLY 22, rgo8.

425

<decreed and my understanding of their legal consequences :and to embody such extracts as may be important. The judgment of the Supreme Court I include in full.

I.
It was held rby the Chancery Court of Hamilton couni:y that the State of Georgia was in that particular matter subject to the jurisdiction.

The Chancery Court of Appeals affirmed this finding and based its opinion on the Act of 1847-8, already her.:in copied, and the charter of the Nashville & Chattanooga Railroad, also herein set out. That portion of the opinion reads as follows :

Only one other question remains, and that is, whether
the State of Georgia is properly before the court: tint
is, should its demurrer for want of jurisdiction be su5tained VIe are of the opinion that the demurrer is no.t well taken. This is a suit concerning the administration of property of that State in Tennessee, for the purposes for which the right to enter the State of Tennessee was 'given. The Tennessee Statute which extended righLs to Georgia with regard to constructing the road in Hamilton county, this State, is found in Ch. 195, Acts of 1847-8. That Statute gives to the State of Georgia all i:he 'rights,' privileges and immunities, with the same restrictions which were previously granted to the Nashville & Chattanooga Railroad Company 'by the Act of December II, r84.5.' That Act is Ch. 1, Acts 1845-6. 'That Act includes among the rights and restrictions, the

426

JouRNAL oF THE HousE,

right to sue and be sued. This includes the courts of Tennessee along with other courts.

The judgment of the Supreme Co11rt is hereinafter set out in full and it will be seen that it in substance sustains the lower courts on this point.

2.

The trial court found that the title to the ground is in the State of Georgia and particularly that the South- . ern Railway has acquired no title therein by estoppel or otherwise. This necessarily disposed of the claim based on the bill of 1873
The Chancery Court of A.ppeals sustained this finding.

As t.o the claim of title based on the decree of 1875 it ruled in substance that that decree adjudicated nothing but the right of the State of Georgia to have the joint o~cupants contribut~ to the maintenance of the property, and that the decree must be read in the light of the issues actually involved. Upon this branch of the case the. court said as follows:

Taking all these points together, we are of the opinion that the extent of the decree was simply to declar~ the joint O\vnership of the three interests, in the house itself, .as follows: \Y. & A. R. R. (State of Georgia) one-half, East. Tenn., Va. & Ga. R. R. Co., one-fourth, and N. & C. R. R. Co.. one-fourth, with a joint obligation for repairs and improvements. \Ve concede the proposition that usually a conveyance of a house, describing it, without more, will carry the land on which the

VV"EnNEsnAY, JuLY 22, 19o8.

42'r

house s~nds, but this rule does not hold good as to trade fixtures, and does not apply where the court is. enforcing the estoppel of a decree. In tl:i.e latter case, the court will construe the decree and find out its true meaning without regard to the technical rules that obtain in the law of conveyancing.

As to the alleged rights growing out of the transactions. of I88I-2 it held that, whatever may have happened at that time, the State of Georgia had nothing to do with it and was in no wise affected by it. Upon this subject the court said as follows :

It must first be stated that the \Vestern & Atlantic R. R. Company, which was operating the road at this time under the lease of 187o-189o, had no authority :) act for the State of Georgia in the matter of the repairs and improvements, and had no title to the property, other than the lease title. It had no right or power to sell the Union Passenger Depot, or any interest therein, other than to permit a joint use, as had previously been permitted. The title to the property on which the depot stood was in the State of Georgia. That State had nothing to do with the negotiations concerning the repairs and new improvements of 1881-1882. Under the terms of the lease to the \Vestern & Atlantic Railroad Company, that company was to return the property to the State in as good condition as at the beginning of the lease. That State had nothing to do with the terms of joint occupation during the years 1870-1890, being then out of the control of the property, its lessees having control. S0, during only a short space of the time after the expiration of that lease has it hacl control, inasmuch as it appears in the proof that during the year 1890, after the

428

JouRNAL OF THE HOUSE,

expiration of t>hat lease, it again leased the property, this time to the Nashville, Chattanooga & St. Louis Railroad Company, for the period of twenty-nine years, and that -company has since been operating it under the designation of the \Vestern & Atlantic Railroad Company.

So, it is apparent that no rights whatever, as again>t the State of Georgia can be based upon the repairs and costly improvements of 188I-1882.
* ***** **
The statute of frauds is pleaded by the State of Georgia and the Nashville, Chattanooga & St. Louis Railway Company and besides, the State of Georgia, even under the foregoing testimony, was no party to the agreement, and in addition to this, the burden of proof would be upon the Memphis & Charleston Railroad Company t-::> establish the proposition, and this testimony is denied by Major Thomas, and besides all this, the proof in this record fails to show that Nashville & Chattanooga Railroad Company (or its successor, Nashville, Chattanooga & St. Louis) had any title to the ground on which the depot stood, unless such title arose from the documents 'vhich we shall presently consider. So we must conclude that this testimony fails to establish that there was any purchase by the Memphis & Charleston Railroad Company. So it follows, there is no proof to sustain the claims of the Memphis & Charleston Railroad Company to purchase any interest in t>he depot and depot grounds. Its claim to such purpose is rested upon the transaction of 1881-2, and having failed to establish the claim, we must find that it made no purchase of the depot or depot grounds. It does not claim any part in the prior trans:actions arising under the document referred to.

WEDNESDAY, }ULY 22, Igo8.

429-

As to the claim of title under the deed of 186o, the court said as follows :

We may, however, m pass1'ng, say with regard to rhe deed of Governor Joseph E. Brown of date 186o, that on a cursory examination it would-treating it as valid-seem to vest a half interest in the Nashville & Chattanooga Railroad Company, but it will be observed that by the terms of that deed certain things were to be done before the t1.tle vested, and it does not appear from. this record that these things-the paying of $8,ooo.oo and the conveying of the g6jwo acres of land-were done.
* ***** **
'vVe now proceed to consider the rights, if any were acquired by the East Tennessee, Virginia & Georgia Railway Company and the Nashville & Chattanooga Rail-
way Company by virtue of the documents copied into the opinion.

"First, as to the recitals in Governor Brown's deed. This deed was not excepted to, and it must be taken fo1 what it is worth. ~s already stated, the proof shows that t>he property known as the 'Western & Atlantic Railroad' (not company) is merely a piece of property, or an investment owned by the State of Georgia. The Governor had no authority under the Georgia law to sei.l any land pertaining to that property except such as was given him by section 1008 of the Code of that State. This section reads as follows: "The Governor or Superintendent shall not sell any part of the right of way~ nor any property or land of t>he road, that may 'be nece3sary for the erection of depots, woodyards, water-stations, or for any other improvement, to the convenience or interest of said road; but they may sell any land of

430

JouRNAL oF THE HousE,

.the road, if of no use to it, in the manner iron is sold, advertising it in the public gazette in Atlanta, and in the county where it lies, and in a public gazette thereof, if one, and the Superintendent shall execute deeds thereto jn his official capacity." It does not seem from this section that the Governor had any authority to make the deed, although he recited therein, "which" (the property which he is attempting to convey) "I do not consider necessary to the 'vVestern & Atlantic Railroad for depots, woodyards, nor water-stations, nor do I consider it will be now or at any other time necessary or convenient tJ said road." The recitals then, even though unobjectd to, would amount to no more than a private letter from Governor Brown to a third party, that is, not bindi,...6 upon any party by way of estoppel, Gut only as testimony. And in considering this testimony we must carefully distinguish between the statement of fact, therein contained and the conclusion of law introduced wt.th t-he facts."

By reference to the decree of the Supreme Court hereinafter set out, it will be perceived that this finding was fully sustained in every particular except that there was a saving to the effect that the question of title as between Georgia and the Nashville, Chattanooga & St. Louis was not involved arid therefore not adjudicated.
I suggest that while this was a saving as to any adjudication of title, it does not and can not ~ffect the distinct holrl.ing upon a material issue of la,; that the deed Of r86o was unauthorized and void.

3
The trial court ru1ed that the building and tracks were

W&>N:SDAY, JULY 22, 1908.

4!H

the property of the State of Georgia and the three railroad companies in certain 1,1ndefined proportions to he ascertained by a reference according to a rule of calcu lation laid down in the decree. That when this was a:.<:ertained the State of Georgia and the N., C. & St. L. .should have the option to buy out the other two roads, in default whereof the building should be sold for di-
VISIOn.

The Chancery Court of Appeals ruled that the whoie arrangement was a mere agreement for the joint use of the property as a common terminal, and that technically there was no joint ownership; that Georgia was originally the owner of the property and built the depot; that the effect of the contracts in 1858 was to create a joint right of use In tite N., C. & St. L. to one-fourth and in the predecessor of the Southern to one-fourth, with proportionate duties of maintenance and rights of egress and i'ngress; that in 1881 the M. & C. was admitted to a share in these rights by parties who had no right to bind the State of Georgia; that in 1891 the M. & C. and
the E. T., V. & G: abandoned the joint use; that no
right resulted thereby to them to have the property divided; that all the parties have a continued right now t:::use the property; that no questfon is before the court as to the rights of the M. & C. as against Georgia after 1919, but as against the N., C. & St. L. the M. & C. still has a right of user.

The Supreme Court affirmed the judgment of the Chancery Court of Appeals in every particular except

JouRNAL oF THE HousE,

as to any present continuance of a right of user in theSouthern and the M. & C. That question it held was not before the court.

The following Is a full text of the decree of the Su-

preme Court :

l East Tennessee, Virginia
:eorgia Ry. Company

&

Appeals from Chancery

'i.'S.
N aslwille, Chattanooga &

~ Court of Hamilton
I County.

St. Louis Ry. Company et als.J

This cause came on to be heard this-- clay of October, before the honorable Supreme Court of Tennessee, on the appeal of all the parties from the decree of the honorable Court of Chancery Appeals, and the same having been fully heard and argued, the court i's pleased to order, adjudge and decree, that there is no error in the decree of the Court of Chancery Appeals, except s0 much thereof as adjudicates that the Southern Railway Company and the Memphis & Charleston Railway Company are still entitled to use the privileges secured to them by the contracts set out in complainant's originai and amended bills, for the reason that the question of their present right to use such privileges is beyond the pleadings in the case.
It is therefore ordered, decreed and adjudged, that the decree of said Court of Chancery Appeals be modified so as to strike out the clause above cited, to which extent the decree of said Court of Chancery Appeals is modified, and in all other things i.t is affirmed, The relief allowed as to the State of Georgia does not touch her sovereignty, but concerns only her contracts as to the operation of the Union Depot, situated in the city of

WEDNESDAY, JULY 22, 1908.

433

Chattanooga, but more fully described in the pleadings. It is further ordered, adjudged and decreed that the
original and amended biils of the East Tennessee, Virginia & Georgia Railway Company be, and same are, hereby dismissed.

It is also adjudged and decreed that the Southern Railway Company, which was made party complainant in the place and stead of East Tennessee, Virginia & Georgia Railway Company, upon its own application, and Cooke, Swaney & Cooke, sureties on its prosecution and appeal bonds. pay all the costs of the cause and of the appeal for which execution may issue.

And it appearing to the court from the pleadings and the statements of counsel at bar that the question of title to the lot on which the depot stands as between the State of Georgia and the Nashville, Chattanooga & St. Louis Railway Company is not involved or intended to
be litigated or adjudicated in this cause, and there being
no controversy of any character between said parties nothing is adjudicated as between them, and no recitation in this decree of the decree of the Court of Chancery Appeals will operate to prejudice the rights of either of said parties as against the other.

In view of all the facts and documents laboriously set out in the foregoing pages, I am unable to see any right in or concerning the Union Passenger Depot in Chattanooga, either legal or moral, that can possibly remain i11 the Southern Railway. The right of joint use seems to have once existed, and the Supreme Court of Tennessee advises us that nothing is adjudged either way as co whether it yet exists or not. Legally it has been judi-
28 hj

jOURNAL OF THE HousE,
dally and conclusively ascertained that the land belonged to Georgia, that Georgia built the depot, and subsequently admitted the predecessor of the Southern Railway tJ a certain joint right of use therein for mutual convenience and advantage, and that some seventeen years ago the Southern abandoned this joint use. It was further judicially ascertained that the Southern had no right thereafter to interfere with those of its former partners who elected to continue the joint use. Every possible legal right has thus been determined except the solitary possible question of whether the Southern can now resume the joint use. That question would appear to bo:! purely academic.
Mr. Henderson's letter to the Governor does not indicate precisely the nature of the right now set up and demanded. It may be that he can more exactly define his demand. Should he dp so the facts and documents here reported will doubtless make it possible to reach an immediate conclusion as to the demand.
I now proceed to inform you as to the other principle matters at issue concerning the State's property in and along the W. & A. R. R.

WJU>NESDAY, }ULY 22, 1908.

435

(.

THE NASHVILLE, CHATTANOOGA & ST. Louis TITLE
UNDER THE DEED OF 186o.

Intimately connected with the claim of the Southern Railway, discussed and reported on in the foregoing pages, is the question of title in the Nashville, Chatttanooga & St. Louis under the deed of August 17, 186o.
That the deed in question was void, seems to admit of no doubt. In the decree rendered by the Chancery Court of Appeals in 1897, and already set out in this . report, it was distinctly so held. In that opinion the court quoted and relied on Code section 1065. The language occurs in the Code of 1895, as quoted by the court. It appeared also in the Code of 1882, in section 10o8, in the Code of 1873, as section 1008, in the Code of 1868 as section 1012, and in the Code of 1863 as section 932. In fact, however, none of the Codes hal any application whatever, as the conveyance was executed two years and a half before the first Code was in effect.
Nevertheless, part at least of the language quoted by the Chancery Court of Appeals was the law of Georgia. It occurs in the Act of February 23, 185o, (Acts of 1849-50, page 393), section 6, and reads as follows:
The Governor shall not sell at any time any part of the right of way heretofore acquired by the State, nor any property or land that may be necessaary now Dr at any other time for the erection of depots, wood-yards, or water stations, or for any other improvements necessary .or convenient to said road.

436

JOURNAL OF THE HOUSE,

Assuming, however, that the rest of the Code section quoted had been really law in August, 186o, no substantial difference could exist, as the reasoning and judgment of the court shows that the deed would nevertheless be void. In fact the lands contemplated .by the Code section as salable were such as are referred to in th'! Act of February 8, 185o,(Acts of 1849-50, page 297 ), as "lands lying on the line, etc." It is well known that the State was at that time the owner of a number of lots and other parcels of land along the line entirely disconnected with any railroad uses or purposes. These were by the Act of 185o, February 8th, permitted to be sold at public sale. Some of them have been sold within the last ten years. The subsequent Act of Februay 23, 185o, forbade the sale of terminals in the language already quoted. That the Governor did ~ot regard the Act of February 8th as applicable, and did consider the Act of February 23d applicable, is manifest from the recitals employed by him, as well as from the fact tf>at the sale was not made in public.

The question may arise as to the effect under the Act of February 23, 185o, of a recital that the land was not, in the opinion of the Cov~rnor, "necessary for the W. & A. Railroad for depots," etc. The Tennessee court
has indicated that, in its opinion, the recital is unavail-
ing against the fact. (See the opinion quoted.) More over, the known fact is that the depot was at that time already on the property, and the conveyance included half of the building. This would seem to exclude any

WEDNESDAY, }ULY 22, Igo8.

437

doubt as to its necessity or convenience for the purpose for which it was then being used, and for which in fact it was sold.

In this connection I would call your attention to the language of the Tennessee court in Elliot National Bank vs. Western & Atlantic Railroad, reported in 2 Lea, 679.
The charter of the Western & Atlantic Railroad in the State of Georgia and the authority of its superintendent to execute negotiable paper must turn upon the construction of the Georgia Statutes. In the absence of any construction put upon them by the highest court of the State, our duty would be to construe them as best we could. But if the highest court of the State has already construed them, our duty is ordinarily to conform our decision to the construction given.
It has been said by the Supreme Court of Georgia that the Western & Atlantic is not a corporation, and that the superintendent of that road 'belongs to the class of public agents, hke the Governor of the State (Dobbins vs. R. R. Co., 37 Ga. 240). The difference in the relation of public and private agents to their principals 1S well defined. A. private agent will bind his principal within the apparent scope of his authority. But with public agents it is entirely different. Their powers and duties are defined by statute, which is notice to the world of the limitations of their authority, and no pretension of authority or customary action can amplify that authority beyond the statutory limitations.

Assuming that the deed was voi'd as title, the questioa arises as to whether i't has since become valid.

438

JOURNAL OF Tf!E HoUSE,

The decree of 1875 has been relied ori as estoppel :u regard to the title. The Nashville, Chattanooga & St. Louis Ry. Co., however, joined with the State of Georga in 1895 in denying that it had any such effect, and the chancery court so held in 1897. wise, the Southern and the Memphis & Charleston \Voulcl take under that decree, as well as the N. C. & St. L. Moreover, on its merits, an inspection of the record of Smith, Gm/cmor, 'l'S. the N. & C. R. R. Co. et al., in 1873-1875, sho\\s that upon no just interpretation of that decree could it be regarded as an adjudication of anything more than the liability of the occupant roads to contribute to the maintenance of the property. Besides. that decree affected only the actual ground cmered by the depot. The deed of 186o affects eight and three-quarters acres.

The question of time ts more serious. It has now been forty-eight years since rhe conveyance was made.
The Tennessee court has recognized the principle that Georgia, as a sowreign State, is entitled by comity to extensive immunities in its courts. (See Tappan us. \V. & A. R. R. Co.. 3 Lea, 106.) In the case already herein
fully discussed, in which the K T. V. & G. Ry. Co. sued
the State, the Supreme Court of Tennessee said:

The relief allowed as to the State of Georgia does not touch her sovereignty, but concerns only her contracts as to tlie operation of the Union Depot, situated in the city of Chattanooga, but more fully described in the pl.eadings.

W:EnN:ESDAY, JuLY 22, 1908.

439

In view of the ruling in the Tappan case, already re-
ferred to, it is by no means sure that Tennessee would
apply the rule of prescription to Georgia. And this is especially doubtful when we take notice of the fact that the ownership and construction of the Western & Atlantic Railroad \vas by legislative declaration i'n the original Act, 1836, undertaken expressly "as a State work," and has always been treated so in the decisions of our own court. The language already quoted from the Tennessee court in the Elliott case in 2d Lea indicates con-
clusively that that tribunal is disposed to accept the
status of the road as declared by the Georgia court. Beyond any question Georgia could not be estopped by prescription in her own courts in matters relating to this railroad and its appurtenances. (See Southern Railway vs. Ga., 116 Ga. 276.)

Should it turn out, however, that the Tennessee court would admit the prescription rule as against Georgia, there are various other reasons why prescription might not be available as a defense in an action for the recovery of this property.

The claimant has been, for instance, in possession :15 tenant for the past eighteen years of all the property pertaining to the railroad. As such tenant it would be entitled under the lease "Contract to the possession of rhe property embraced in the deed. Prior to that time the old lessee had possession, and the State could not have maintained an action. It is generally understood to b~

440

JouRNAL oF THE HousE,

true, though I have no present evidence of the fact, that during the greater part of the pericxl of .the old lease the lessee company held in some way in trust for the use and the benefit of the Louisville & .Nashville Railroatl Company who were the real tenants. .That company is at present the owner of the majority of the stock of the N. C. & St. L., the present lessee, and has been for many years, and t>he two companies are, in a large sense, one concern. The facts in regard to these matters are not accessible to me, but I refer to the subject as containing at least a possibility of a strong equitable ground of exception to the running of time.

So far as I know or can ascertain, the State of Georgia, aside from the Governor, who made the deed, and the superintendent of the road, never had any actual knowledge of the existence of the deed of August 17, 186o, until the year 1891, when it \Yas disclosed by the cross-bill of the Memphis & Charleston R. R.. Co. At that time the State would have been defeated by its own lease in any action for the recovery of possession. No mention of this conveyance was made in the Governor's annual message of 186o, nor at any time thereafter, anrl the annual reports of the superintendent of t>he road were .equally silent.

Actual physical possessiOn would ordinarily be notice in private cases, but physical possession in the present instance. as to the depot at least. was e0,ually consistent with the mere joint occupation which all the roads had

WEDNESDAY, JuLY 22, 1908.

441

for purposes of the public convenience, and with the further fact that the depot building was jointly built, paid for and used by the several lines of road. No express notice of adverse holding seems ever to have been given by theN. C. & St. L.

The General Assembly. of Georgia took notice of this condition in 1896, and by joint resolution directed that -app'ropriate action be taken for the assertion of the State's title. (See Acts of 1896, page 341.) At that time, however, the bill was pending in Hamilton county which h::ts already been herein described, and it was deemed best by Mr. Wimbish, the special attorney, and by Governor Atkinson to await the determination of that cause, in the hope that the validity of the deed might be passed upon in the decree. The expected result was realized in part. The court held, as already shown, that no title passed under the .deed. The effect of the decision, however, was destroyed by a recital in the judgment of the Supreme Court of Tennessee that the pleadings made nl) issue on this subject, and that therefore no adjudication resulted.

Thereafter, m 1898, Mr. Wimbish again urged the advisability of suing for the recovery of these lands, and
in the year 1900 Mr. E. T. Brown, then special attorney
for the W. & A. Ry., brought the question before Governor Candler whether action should not be still instituted. Nothing, however, has as yet been done.

By reference to the deed of 186o, it will be observer!

442

] OURNAL OF THE HousE,

that it refers to a previous executory agreement as having been made in 1855, and approved by Governor Johnson. In ~ir. Wimbish's report for 1896 he says that he has never been able to find any copy of such agreement,. and that the executi,e minutes during Governor Johnson's administration fail to sho\v any record of his alleged apprmal thereof. I haw been equally unable to find any place where this contract is set out or any evidence of Governor Johnson's connection with it. Recently, however, in the Atlanta Constitution, newspaper, of :\lay 13. 1908, one of the officials of the Nashville, Chattanooga & St. Louis Railway pub:ished an interview in \vhich he ga,e out what is alleged to be a copy of the instrument in question; and the approval of Governor Johnson on it. I have set out in full a copy thereof in an earlier part of this report.

Examination of the terms of the alleged agreement would seem to "arrant the opinion that it does not in any way affect the situation as already set forth. No rights are claimed under the contract of 1855, which by its terms was merely executory. As an obligation of the State it \vas equally as unauthorized as the deed of 186o. and adds nothing to the validity of the latter instrument.

I call attention to one other fact in reference to the deed of 186o. By its terms it was conditional. The passing of title under it was made dependent upon a condition precedent. to wit: the conveyance to the State of Georgia of a certain tract of land of about one acre..

WEDN:tSDAY, JuLY 22, 1908.

443

There is no evidence that the conveyance was ever made. It is said that the tract is in possession of the State. Th:s is by no means certain. The land said to be the land :n question has no visible stgn of occupation exclusive in the \Vestern & Atlantic Road, and, so far as I can tell, never has had. The actual possession is in the N. C. & St. L. now. Of course, it may be said that that possession is in the right of the State of Georgia, but there 's no evidence to show it. Legal title on the records stands in the name of the Xashville & Chattanooga Railroa'l Company, and the actual possession is in the same coucern. There ts no evidence that the condition has ever been complied with that was expressly made a conditio11 precedent to the vesting of title.

The $8,ooo.oo was probably paid. In Mr. Brown':': report as special attorney of the \V. & A. R. R., in thl! year 1900, he says in reference to .these matters:

The money was paid into the State Treasury, and the deeds were given ancl recorded, and the State has ever since had possession of the tract given in the exchange.

I am not sure that these statements are entirely accurate. Possession may have been held, but I find no evidence of it. The deed may have been given, but I find no evidence of that. The money was never paid to the State Treasury, though I am inclined to believe that tt was paid into the treasury of the Western & Atlantic Railroad.

444

JOURNAL OF THE HousE,

THE CHATTANOOGA YARDS.

Before leaving the subject of the Chattanooga terminals, it may be well to report in reference to Broad street and the anxious desire of the Chattanooga people to open it through the yards.

It was at one time contended that Broad street legally extended partly through the present yards, and that the city had the right to carry it on south of_ !Ninth street, which is the present northern boundary of the yard. There were plausible grounds for this contention, but it is not necessary now to review them, for the follow~ng reasons:

The State owned a point of land in the angle between Tenth and Market streets, east of Market and disconnected with the depot yards. The city desired to open -Georgia avenue and cut off this triangle. Litigation followed. At the same time the city of Chattanooga was moving in the direction of extending Broad street sourh --of Ninth and through the depot yards.

The whole matter was compromised and adjusted in 1879. The city of Chattanooga passed an ordinance permanently closing Broad street south of Ninth, and a -consent decree was entered enjoining any further interference with the opening of Georgia avenue. All partiec; were content, and no question is now raised as to the city's right to extend Broad Street.

WEDNESDAY, }ULY 22, 1908.

445-

For these easons I do not trouble you or encumber this report with an elaborate statement of the facts.

At the same time, it is well enough to take notice oi. the fact that the people of Chattanooga are extremel~r desirous now of extending Broad street. I have conferred with a number of prominent citizens there, and I feel safe in saying that they entertain great good wili for this State and are not desirous of doing us any unnecessary mJury. At the same time they feel, and earnestly insist, that the present shape of our terminals obstructs the development of the city. They insist that while it may be, and perhaps is, true that our road was there first and that the city merely grew to the depot~ that this does not affect the fact that the development of Market street south of Ninth is greatly hindered by our yards.
Our old freight depot property, comer of Ninth and Market, is perhaps the most valuable land in Chattanooga, and is easily worth $4,000.00 per front foot. I
append here two letters received from Mr. C. E. James~
of Chattanooga, which explain themselves and afford some idea of the value of this land:

April zz, 1908.
Mr. Hooper Alexander, Atlanta, Ga.
DEAR SIR : Referring to the property owned by the State of Georgia in Chattanooga ; its present value is perhaps beyond the expectation of any citizen of Georgia who has not carefully examined the situation. You

jouRNAl. oF THE HousE,
have gone over the property several times in detail, and 011ght to be well posted as to its location and approximate value. This property can be leased in small trac.:s for business houses, each one of which would be a heavy shipper over the road, and every house could have a railroad track connecting with the W. & A. Ry. at its back door. The property can be leased now, without the State expend;ng one dollar on it, at a rental that will pay interest on four million dollars, and leave enough room for a package freight depot for your road-all practically 1n the center of town. When you consider that the Patten Hotel (said to have cost a million dollars) is within 150 feet of the center of this property, and directly across the street, the 12-story James building is within one block of the property, and the Read House immediately across the street from the property, you wil! see that the property of the State of Georgia is practically in the center of the city of Chattanooga.
If by your energy and attention to this matter you save this valuable property to the State of Georgia, or get its value, you will have performed an act for whici1 every citizen of Georgia should feel grateful to you.
The Tennessee river will be open for navigation the year round from Chattanooga to the Mississippi river within eighteen months. This would give the W. & A. Railroad an fndepertdent outlet to all points in the Southwest. The citizens of Chattanooga are very favorable to the State of Georgia and its property, but we dislike to see a great piece of land so valuable, in the center of the city, used for storage of empty cars and the State get little or no revenue from the property, when it can be turned into a great revenue-producer for the State of Georgia, and without the expendi.ture of one dollar in

WJU>NESDAY, JuLY 22, rgo8.

~41

money. I hope the people of Georgia will sustain you in your efforts to preserve their interests.

(Signed)

Yours truly,
c. E. }AMES.

May 16, rgo8.

Hon. Hooper Alexander, Atlanta, Ga..

DEAR SIR: I will, for myself and associates, pay the State of Georgia four per cent. interest on a valuation of $4,ooo,ooo.oo equal to $r6o,ooo.oo net per annum, and all taxes, making an advance payment of $r6o,ooo.oo, and pay for the lease thereafter annually in advance to the State, for a 99~year lease on the land belonging to the State of Georgia in the city of Chattanooga lying on the east side of the east line of the Union Passenger Depot. The west line of the proposed leased propertY: to commence at Ninth street and extend south along the east side of the Union Passenger Depot; thence on ~ curved line southeast parallel with your main track going into the passenger depot to a point where Market street crosses your tracks. This in no way Interferes with your continued use of the Union Passenger Depot.

(Signed)

Yours truly,
c. E. JAMES.

Since the receipt of these letters, Mr. James has frankly stated to me his opinion that the lands can be leased for more than his offer. It is, of course, impossible for us to accept the proposition as n~ade, nor am I prepared to say just now that it is desirable to do so, but I deem it proper to say that Mr. James is entirely able to comply

448

JouRNAL oF THE HousE,

with his offer. By the expiration of the pr_esent lease .this property may be reasonably expected to afford a revenue more than double the amount offered in the letter in question.
Meanwhile the people of Chattanooga are quite anxious. to extend Broad street, and insist that it -is competent for the Legislature of Tennessee to authorize condemnation for that purpose, and that sooner or later it will do so. The Chattanooga people are disposed, however, to be patient, and I am inclined to think that they will await the conclusion of the lease, if a reasonable agreement can be now made. TQ.ey feel, however, that the State will be profited by the change, and therefore ought not to object. From careful personal examination of the ground, I am disposed to think they are correct as to the possibility of the State's profiting by some judicious change.
The present yards of the Western & Atlantic are used by the lessee merely to store empty cars. If the State should hereafter operate the road, or lease. it to any other than the present lessee, it would be found that the grounds are too small. For team track deliveries twelve or fifteen acres will be necessary. For switching yards, under modern conditions, we will need a hundred acres. It is said to be possible at present to acquire these necessary lands, conveniently located, for a comparatively
. small sum. If the present yards should be converted
into business property, it may be relied upon as certain that they will yield a very great revenue.

TuESDAY. AuGUST 4, 1908.

449

'f.he new waterworks and ice plant were made especial subjects of examination, and the State i's to be complimented upon the installation of both. A most unfailing supply of pure filtered w~ter is provided, while the ten-ton ice plant gives all the ice necessary for refrigeration and consumption. A detailed examination into the conditions of the buildings shows the result of care and painstaking management. The cooking department has been greatly improved with a large central kitchen connected with the "Powell building," in charge of a competent chef under whose supervi"sion comes this main kitchen as well as all subordinate kitchens, each of which is in charge of a competent person. While the price of foodstuffs, particularly that of beef, which costs the institution $4000 more this year than last, have all advanced, it i"s to the credit of the State that so ample and nourishing a bill of fare is provided for the patients, and to the credit of the management that this is done at so low cost per capita. At this point in its report the committee expresses its nigh praise and conunendation. of the able management of the hoard of trustees and officers and employees of the institution at the low cost per capita of maintenance, it being an acknowledged fact that our Sanitarium is conducted for less than that of any other State. The increase in number of inmates over and above that which the experience of o~her years caused a deficit in this costs of maintenance of $15,000 and will cause a deficit in the cost of maintenance for the year 1909 of $30,000. The committee is glad to know that these appropriations have been recommended by the Committee on Appropriations, and trusts that the same will receive the prompt approval of both branches of the Assembly.
29sj

450

JouRNAL OF 'fHE S~<:NAT~,

The condition of all the buildings, viz: The T. 0. Powell or Main building, the Twin buildings, the Green building, the negrv buildings, storeroom, laboratory, power plant, all show the signs of splendid management, with as near perfect sanitation as facilities will permit. Walls and floors are very clean despite the character of inmates vften cared for, and the toilet-rooms and bathrooms are in splendid condition..

The committee in examining the Infirmary find that the windows of the upper sash are stationary and that no ventilation of the rooms can be had from the top. We therefore recommend that this be provided for, and that wire screens also be provided for this department, both of these improvements being essential to the better work of the Infirmary. We also find that the skylight of the operating room is too bright, and that the glass should be painted or rendered 1110re opaque. We also find that the cellar under the autopsy room is in bad condition, and recommend that it be either filled or cemented.

The Infirmary .should be equipped with an office to be known as the "Central History or Record Room," this being essential to a preservation of a record of the cases treated, in order rhat the entire official force could get such infonnation as might be needed. This is not now provided, and no system of filing records of cases can be kept for the want of it. This would only mean the addition of one stenographer and such office furniture as would be necessary for the files.

The Sanitarium provides for the admission of epileptics under the law. This class together with the feebleminded children, should not be confined in an asylum for the insane, but should be provided for elsewhere at the

TUESDAY, AUGUST 4, 1908.

451

institution. For this reason we recommend that a sufficient appropriation be made for the care and training of these unfortunates, who can in many cases become self-sustaining or at least self-helpful, whereas without training they go into insanity or imbecility and are a perpetual care to the State. We also recommend with all the. emphasis we can command, the erection of suitable quarters for the treatment of tuberculous patients. As it is thi"s disease is not segregated, and can not be with the facilities at the hands of the medical staff. This necessary addition will not cost much and will mean a great deal.

We are not perfunctory or guilty of fulsome praise when we say that the management of this institution from Dr. L. M. Jones, the superintendent and resident physician, down to the humblest employee reflects credit upon their fidelity to a great and patriotic duty, which entitles them to the praise and appreciation of the people of the State.

We commend to the careful consideration of the members of the Assembly the detailed reports of the superintendent and trustees of the Sanitarium as it has been printed for public information. Our investigation proves these reports to be conservative and true.

We append hereto a copy of the statement showing the deficit in the appropriation for this year and the year 1909, as it has been furnished this committee by the superintendent. That the necessities therein set will be met we do not doubt.

Respectfully submitted.

w. JAMES

TAYLOR,

Chairman of Committee on State Sanitarium.

45~ .

JouRNAL oF 'l'H~ SNAT,

EXHIBIT "A."

The increase in population has been averaging about fifty a year. When our board of trustees asked for appropriations for the years 19o8 and 1909 they estimated our increase would be about fifty for each year, and asked for appropriations accordingly, but the Legislature gave us $7,816 less tha~ the amount asked for for this year and next. Instead of an increase of fifty for the year 1907 we had an increase of 130, and for the first six months of this year our population has already increased 13o--an unprecedented and unlooked-for increase. We commenced this year with a deficit of $8,176. Our expenses last year amounted to $388,187. Our appropriation for this year is $390,000, and for 1909 $395,000. We now have on hand ninety-five patients more than we can take care of with the appropriation. of this year. Unless we get the amounts asked for, we will be compelled to close our doors to all applicants.

(Signed)

L. M. ]ONS, Superintendent, etc.

The following resolution was read first time:
By Mr. Williford-
Resolved) That when this body adjourns at the termination of the morning's session that it reconvene at 3 p.m. for the consideration of such matters before it that are not now of special order.
This resolution was referred to Commi"ttee on Rules.
The following special order was taken up:

WEDNESDAY, Aucus'l' 5, 1908.

453

By Mr. Felder-

A bill to amend the Act creating the Prison Commission of Georgia.

The hour of adjournment having arrived, the Senate adjourned until tomorrow morning at 10 o'clock.

SENA'l'E CHAMBER, A'l'LAN'l'A, GA., Wednesday, August 5, 19o8.

The Senate met pursuant to adjournment at 10 o'clock, was called to order by the President.

Prayer was offered by the Chaplain.

. "A.

Upon the call of the roll the following members answ;ered to their names :

Akin, Born, Boyd, Brantley, Brock, Bush, Camp, Cowart, Crittenden, Deen, Dobbs, Farmer, Felder, Felts, Gordy,

Griffin, Hardman, Hawes, Hays, Henderson of 15th, Henderson of 39th, Howard, Hudson, Hughes, Johnson, Knight, Lashley, Martin, Mattox, Overstreet,

Peacock, Stapleton, Steed, Stephens, Sikes, Taylor, Turner, Walden, Walker, Weaver, Whaley, Wilkes, Williford, Mr. President.

454

JoURNAL OF THE SENATE,

Upon motion the reading of the Journal was dispensed with.

The following Senate bill was read first time:

By Mr. MartinA bill to amend the charter of the city of Dalton. Referred to Committee on Corporations. The~ following House bills were read first time:

By Mr. WiseA bill to amend section 982 of the Code. Referred to Committee on Banking.
By Mr. GodleyA bill to repeal the Act creating the county court oi
Camden county. Referred to Special Judiciary Committee.
By Mr. TysonA bill to prescribe the manner in which real estate be-
longing to Emanuel county may be sold. Referred to Special Judiciary Committee.
By Messrs. Wright and AllenA bill to prohibit contributions by corporations or their
officers or agents to campaign funds. Referred to General Judiciary Committee.

s, \VEnNESDAY, AucusT 19<}8.

456

By Mr. Vvright-

A bill to require all candidates to publish a statement of campaign expenses.

Referr~d to General Judiciary Committee.

By Messrs. Slaton, Blackburn and Bell-
A bill to amend the Act creating a new charter for the city of Atlanta.

Referred to Corporation Committee.

By Mr. Lee-

A bill to amend the charter of the city of Brunswick.

Referred to Counties and County Matters Committee

By Mr. Orr-
A bill tv amend an Act establishing the city court of Newnan.

Referred to Special Judiciary Committee.

By Messrs. Walker and Lashley-

A bill to amend the Act incorporating the city of Valdosta.

Referred to Committee on Corporations.

By Mr. Rogers-

A bill to amend the Act creating a board of commissioners of roads and revenues for Randolph county.

Referred to Counties and County Matters Committee.

456

JouRNAL oF 'l'H SENA'l'F.,

By Mr~ Cowan-

A hill to provide for the removal of obstructions from streams of Rockdale county.

Referred to Special JudiciaryCommittee.

By Mr. Pope-
A bill to regulate the running of traction engines .over the bridges of Brooks county.
Referred to Counties and County Matters Committee.

By Messrs. Blackburn and Bell-
A bill to amend the Act creating the charter for College Park.
Referred to Committee on Corporations.

By Messrs. Blackburn and Bell-
A bill to amend the Act creating a new charter for College Park.
Referred to the Committee on Corpor~tions.

By Mr. McWilliams-
A bill to amend the special Act for Henry county providing for the removal of obstructions from streams in said county.
Referred to Special Judiciary Committee.

WEDNESDAY, AuGusT s, rgo8.

457

"By Mr. Brown-

A bill to amend the Act incorporating the town of 'Temple.

Referred to Committee on Corporations.

By Mr. Cook-
A bill to amend an Act establishing a system of public schools for Lumber City.

Referred to Committee on Education.

.By Messrs. Flannigan and HolderA bill to amend the charter of the city of Winder.

Referred to Committee on Corporations.

By Messrs. Young and TuggleA bill to amend the charter of Hogansville. Referred to Committee on Corporations.

By Messrs. Alexander and Candler-
A bill to create a public school system for the town of Lithonia.

Referred to Committee on Corporations.

By Mr. Huie-

_A bill to amend the charter of the town of Jonesboro. Referred to Committee on Corporations.

408

JOURNAL OF 'fHE SENATE,

By Mr. Fullbri"ght-

A bill to amend the charter of \Vaynesboro so as 1..:> extend the corporate limits.
Referred to Committee on Corporations.

By Mr. Clifton-
A bill to repeal an Act t0 incorporate the town of Ohoopee.

Referred to Committee on Corporations.

By Messrs. Nixon and Wilson-
A bill to amend the Act providing for the holding of two terms of superior court of Gwinnett county.

Referred to Special Judiciary Committee.

By Mr. Tracy-
A resolution to pay pension of Mrs. E. J. Coker, de-
ceased, to A. M. Johnson.
Referred to Committee on Pensions.

The following Senate bills were read second tinie:

By Mr. HawesA bill to incorporate Union City.

By Mr. Henderson-

A hill to authorize the mayor and council of Cummingto i"ssue bonds for school purposes.

WEDNESDAY, AUGUST 5, 1908.

469

By Mr. Stephens-

A bill to authorize the municipal authorities of any city to establish and maintain a farm or other place of confinement for misdemeanor convicts.

By Mr. Williford-
A. bill to create a new charter for the town of Buckhead.

By Mr. Henderson-
A bill to extend the present school book contract until .January 1, 1911.

The following message was received from the House~ through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has passed as amended, by the requisite constitutional majority, the following Senate bill, to wit:
A bill to amend section 3, article 3, of the Constitution of this State, which provides for the number of members of the House of Representatives.

Mr. Flynt, chairman of the Committee on Rules, submits the following report :

Mr. President:
The Committee on Rules have had under copsideration the following resolution of the Senate which it instructs

460

.JOURNAL OF THE SENATE,

me to report back with the recommendation that the same do not pass :

A resolution convening the Senate at 3 p.m. each day.

Respectfully submitted.

J. J. FLYNT, Chairman.

Mr. Hudson, vice-chairman of the Corporations Committee, submitted the following report:
Mr. President:
The Corporations Committee has had under consideration the following Senate bill, which it instructs me to report hack with the recommendation that the same do pass as amended, to wit:
A bill to incorporate Union City.
The committee has also had under consideration the following House Bill which it instructs me to report back with the recommendation that the same do pass, to wit:
A bill to amend an Act establishing the city court of Ashburn, Turner county.
Respectfully submitted.
C. I. HUDSON, Vice-Chairman.

Mr. Bush, chairman of the committee on Counties and County Matters, submitted the followi"ng report:
Mr. President:
The Committee on Counti~s and County Matters have

WEDNESDAY, AUGUST 5, Igo8.

461

had under consideration the following House bill, which I am instr)lcted to report back to the Senate with the recommendation that the same do not pass, to wit :
. A bill to create a board of commissioners of roads and . revenues for the county of McDuffie.
The commi'ttee has also had under consideration the following House bill which I am instructed to report back to the Senate with the recommendation that the same do pass, to wit :

A bill to amend an Act to establish the city court of Oglethorpe.

Respectfully submitted.

':BusH, Chairman.

A bill to provide for the election of judge and soli'citor of the city of Sandersville.
A bill to extend the corporate limits of the city of Carrollton.
Respectfully submitted.
IRA E. F'ARMltR, Chairman.
Mr. Hudson, vice-chairman of the Committee on Corporations, submftted the following report:
Mr. President:
The Committee on Corporations .have had nnder consideration the following Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to wit :

462

jOURNAL OF THE SENATE,

A bill to authorize the mayor and council of the town of Cumming, with the trustees of the Cumming school district, to order an election upon issuance of bonds for school purposes.

The Committee has also had under consideration the following House 1>ill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to wit:

A bill to abolish the county court of Henry county.

Respectfully submitted.

C. I. HunsoN, Vice-Chairman.

Mr. Farmer, chairman of the Committee on Special Judiciary, submftted the following report:
Mr. President:
The Committee on Special Judtciary have had undtr consideration the following Senate bills, which I am instructed to report back to the Senate with the recommendation that the same do not pass, to wit :
A bill to create a new charter for the city of Columbus.
A 1>ill to regulate specialist doctors.
A bill to require all claimants of wild lands to bring suit within a certain time.
. The committee has also had under consideration the following Senate bill which I am instructed to report back to the Senate ~ith the recommendation that the same do pass, to wit :

s, . WEDNESDAY, AUGUST 19<)8.

. 463

A bill to create a new charter for the town of Buckhead, in the county of Morgan.

The committee has also had under consideration the following House bills, which I am instructed to report back to the Senate with the recommendation that the same do not pass :

A 'bill to create the city court of Homerville.

Committee also recommends that the following bill of the House do pass as amended :

A bill to provide method for taking depositions.

Respectfully submitted. E. K. OvERSTREET, Chairman.

Mr. Brock, vice-chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
The Committee on Engrossing have examined and found correctly engrossed and ready for transmission to the house the following bills of the Senate, to wit:
A bill to require a tax or license on all persons selling or soliciting order~ for photographs, etc. in the county of Harris.
A bill to amend the charter of the city of Marietta.
A bill to repeal an Act incorporating the town of Battle Hill, in the county of Fulton.

464

JouRNAl. oF THIS S!tNATJe,

A bill to repeal an Act incorporating the town of Edgewood, in the county of DeKalb.

A bill to amend the charter of the city of Atlanta.

Respectfully submitted.
J. R. BROCK, Vice-Chairman.

Mr. Overstreet, chairman of the General Judiciary Committee, submits the following report:
Mr. President:
The General Judiciary Committee has had under consideration the following bills of the Senate, which it instructs me to report back to the Senate with the recommendation that the same do pass :
A bill to amend section 4045 of the Code.
A bill to regulate the publication of all legal advertisements in this State.
The committee also recommends that the followfng bills of the House do pass:
A bill to repeal an Act establishing the city court of Barnesville.
A bill to establish the city court of Barnesville.
The following House bills were read second time :
By Mr. Dorminy~
A bill to amend the Act incorporating the city of Fitzgerald.

WEDNESDAY, }ULY 22, rgo8.

465

The case was therefore disposed of by the judgment in - the 1 r6th Georgia, already referred to.
Since the last session of the General Assembly the Southern has removed its tracks from beyond the fourmile point and procured a right of way of its own. I do not know it to be true, but I have been informed by persons employed by the lessee that this removal was secured by the lessee upon condition of allowing the Southern to put in a second crossing for its belt line over the main track of theW. &. A.
The Southern still maintains the old G. P. track as its main line on our right of way for about three or three and a quarter miles, as first described, this use being largely in the city of Atlanta.
While prescription is said not to run in these matters the difficulties of actually recovering this valuable right of way are daily .growing more serious. The property is badly needed now, and will be indispensable in a few years. If the lessee had. possession it would be almost obliged to lay additional tracks now. These valuable improvements would inure to the State. The money lost to Georgia from the present situation is very great.
It would seeni reasonable to say that the Southern Railroad ought to consent to a commission or board of arbitration to settle the question. If it will not, perhaps the State could compel it by granting no other franchises until it consents to do justice.

THE BELT LrNE OccuPATION.
The Georgia Pacific Railroad Company sold its fran-
.'!Oh

466

JOURNAL OF THE HousE,

chises and assets, being all the property of the old Georgia Western, except its franchise to be a body corporate, to an Alabama company of the same name, and this . company subsequently became the Georgia Pacific Railway Company, an Alabama corporation.
The directors of this company held a meeting m Birmingham in 1882 and resolved to build a branch or belt line from its main line near Atlanta to the main line of the R. &. D. R. R. It thereupon filed with the Georgia Secretary of State a certified copy of the resolution and proceeded to build. It had no authority in law whatever for this action.
It not only built the belt line of some three or four miles in length, but it put in a crossing on the tracks of.
the vV. & A. It has been said that it also laid its belt line track for something like a mile or more on the vV.
& A. right of way. More than fifteen years ago the lessee was complaining of the danger and inconvenience resulting from this crossing, and several lawsuits were filed about it by the State.
In October, 1894, there was an agreement between the lessee and the Southern for the settlement of this matter, whereby the lessee granted and the Southern accepted, subject to the rights of the State, a license to. cross, it being agreed that the S~uthern should at its expense move the crossing to a point some 900 feet east of the point then used and maintain it, giving the lessee prior right of passage, and that the old crossing and the encroaching tracks should be removed. This agreement was approved and consented to by Governor Atkinson by

WEDNESDAY, JuLY 22, 19o8.

467

executive order, provisional in its character and dependent on the ratification of the Legislature. The Legislature did ratify it by resolution of December 16, 1895 (see Acts of 1895, page 461), and so far as I know the n~atter has been ever: since regarded as settled until the termination of the present lease, the Southern meanwhile occupying the admitted status of a mere licensee.
Recently, and within the last six mvnths, I observe upon inspection that the Southern has put in a second crossing about as far west of the original crossing as the licensed crossing is east of it. I am informed, but not from the officials of the less~e, ~hat this was consented to by the lessee upon condition that the Soutilern should remove its tracks from the last two miles of the old right of way, which has been clone, as heretofore stated.
I regret that I am not able to speak more accurately a!' to this belt road matter, but further investigation will be needed before I can do so. rt may be that the lessee hCJs advised you about it. If not it will doubtless do so upon request.

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JouRNAL oF TH~ HovsE,

VIOLATIONS OF THE LEASE.
I.
IN THE MATTER OF TAXES.
By the terms of the lease the lessee was required to pay taxes to Georgia upon two accounts :
1. A tax on income. 2. An ad valorem tax on all property owned or controlled by the lessee not received from the State. The tax required on income was stipulated to be "such taxes upon their income as is now paid by the Central Railroad and Banking Company." For a description of this tax you are referred to the original charter of the Central Railroad & Canal Company, section 7 (Acts of 1833, page 248), where you will find the requirement to be the payment of a tax of one-half of one per cent. on the net income. The reason for this requirement is so plain that he who reads may run. It had its origin in the lease of 1870, and in the purpose to put the leasing company upon exactly the same footing in every particular as every other railroad in Georgia. Prior to 1873 no railroad in Georgia paid any ad valorem tax. Some had charter exemptions and some had not, but those who were not exempt were nevertheless not taxed, the policy
being ro t1 eat all alike. The exemptions were all limited
by the condition that they should pay a tax of one-half

WEDNESDAY, }ULY 22, Igo8~

469

of one per cent. on net income, and this tax was impo.;ed upon all roads. When the road was leased in 1870, the rental was looked upon as equivalent to an interest charge on construction. This offset the fixed charges of other
roads. To put the lessee on a basis of equality other-
wise, it was provided: And be it further enacted, That the said lessees shall
never charge a higher rate of local freig:1ts on said road than the average rate charged by the Georgia Railroad & Banking Company, the Central Railroad & Banking Company and the Macon & \Vestern Railroad Company, for like local freights over said roads; and said company shall have the same exemptions, privileges, immunities, rights and guarantees, and shall be subject to the same liabilities, disabilities, and public burdens of said railroad companies last mentioned, and no more, in all cases where this Act is silent and has made no provision on the subject.
\Vhen the lease Act of 1889 was passed the General Assembly found the lessee liable for the same tax as the old Central, and continued the liability in the language quoted in the beginning of this article.
The lessee then by the tern1s of the bargain should pay one-half of one per cent. on net income. It has never done so. The amount paid annually is less than the reports of the road show its liability to be. I presume that the company deducts the rental from the net income. "Net income" is a term of definite significance, and means the surplus above "operating expenses." Interest on funded debt and rental of the property are .not

470

JouRNAL OF THE HousE,

"operating expenses." This is well illustrated m t!1e case of the Georgia Railroad & Banking Company, where the rental is not deducted. The p~rpose of the lease Act was to put all the roads on the same footing. It is immaterial whether the rental is paid to the State or
some one else. The tax on property not received from the State is
based upon a like principle of equality to all. Tl1e rental is paid for the plant equipped as it was in 1870. Modern railroads demand and ha,e equipments many times .as valuable as that. It was thought fair to exempt the lessee from taf(eS on that part of its plant owned by and rented from the taxing power, but there was no more reason to exempt the lessee from taxes on other equipment, not derived from the taxing power, than there was to exempt from taxes on other roads it might own, as, for instance, the Rome road. The lessee pays an ad valorem tax on the Rome road, and should pay a tax exactly the same way upon personalty not hired from the State. The lease Act so requires, and it is so provided in the lease. Moreover, justice to its competitors require this exaction. Ot!1erwise the principle of equality is violated.
That this class of property "owned or controlled" by the lessee is of great value is evfdent from its reports, where enormous sums are charged in its operating expenses for the hire of locomotives and other equipment, thus reducing the net income. Property thus in use in Georgia is taxable under the general law irrespective of

WEDNESDAY, }ULY 22, I9Q8.

471

contract. The contract specifically provides for its taxation.
II.

IN THE MA'l''l'FR OF SUBLEASING.
By the express provisions of section I I of the lease Act, assented to in the lease, the lessee covenants that it "shall not sublet said road, or any part thereof, to any 'COmpany, corporation or party."
\Vhat may have been the moving reason for this covenant I am only able to conjecture, and the reason for it is perhaps immaterial. I suggest, however, that one yery good and sufficient reason lay in the obvious danger of resultant controversies and the litigation that was and is at all times likely to arise, involving the State. The contract of I882 with tlie Memphis and Charleston is a case in point, and certain rights in the use of the right of way allowed the old Marietta and North Georgia was another. Be that as it may, the covenant was made.
The Seaboard Air Line Company runs its trains into the city over the tracks of the W. & A. for about three miles, and appar.ently upon some contract or agreement with the lessee. The nature of that contract I am unable to state. I presume the lessee will furnish a copy of it upon request of the Governor. It is not easy to imagine any form of agreement that would not be in substance and effect a violation of the covenant.
The Louisville and Nashville Railroad Company runs

472

JouRNAL oF THE HousE,

its trains, both freight and passenger in large numbers, from two separate lines over the Western & Atlantic tracks, and appar:ently by consent of and agreement wit:1 the lessee. One of these lines is the old Marietta & North Georgia, coming from Knoxville by Blue Ridge, ir. Fannin county, to Marietta. The other is a new line from Cincinnati by way of vVetmore in Tennessee and Cartersville. I am not able to state the nature of the agreement, but I would again suggest that it is hardly possible to conceive a reason why this is not a violation of the lease. It was conceded that the lease would be violated by an agreement a~ to the Belt Line crossing.
At the present time the Atlanta, Birmingham & Atlantic, a new road, is preparing to come into Atlanta over the W. & A. tracks for two miles, and has already connected its line with the W. & A. tracks at the twomile post. This also is appareptly by contract or agreement with the lessee, and is subject to the same covenant.
In the case of the A., B. & A. there is this further suggestion to b~ made, that at the two-mile pvst the State owns a lot of about two acres adjoining the right of \vay, bought from Chapman Powell in 1857 This lot is vacant, except that the Southern Railway crosses it with several tracks near its eastern or northeastern side. In building to the \Vestern & Atlantic tracks, the A., B. & A. has built across the Powell lot jn a diagonal direction. I know of no authority for this seizure. \Vhether it was in any w~y authorized by the lessee or not I do not know, but apparently it was, as the lessee

WEDNESDAY, }ULY 22, 1908.

473

was m possession and does not appear to have offered any objection.
All four of the roads mentioned appear to have obtained some sort of contractual rights in the use of the Union Depot.
In the case of the two L. & N. lines now using the Western & Atlantic, it seems proper to say that the use involves serious financial loss to the State of Georgia in several ways.
In the first place it enables these two lines to extend, one fifty miles and the other twenty miles, into Atlanta without the payment of any tax. I should estimate the annual loss to our revenues in this way at somewhere from five to ten thousand dollars or more.
In the second place it necessarily takes a considerable part of the lessee's yolt:ime of business, thus reducing its net income, and consequently the tax thereon. What reason may induce the lessee thus to assist a competitor at its own expense, I am not able to state, but it must be remembered that the L. & N. owns a majority of the stock of the lessee company, and consequently is able to control it. If in so doing, it does under the name of the L. &. N. a business that would normally go to it under the name of the \V. & A., the difference in the volume of business may be immaterial to it. It is, however, quite material as a saving to it, and a loss to the State if the profits on this business are thereby relieved of the stipulated income tax.
Another and very serious loss to the State is in the jnjury to the commercial value of the \V. & A. R. R.

.t74

jOURNAL OF THE HOUSE,

This road is one of the heaviest carriers of freight and passengers per mile of road in the United States. Its net earnings in 1903 went, according to the reports of the road, as high as $955,000.00. Since then there has been some decline, but it is still a great money-maker. The value of the road, either to sell or lease, is heavily affected by anything that diverts its business tv other lines.
There are other ways yet in which the interest of t:1c State would seem to be suffering from these arrangements. Apparently they are in violation of the contract. \Vhether they are, in reality, so or not, wtll depend, I presume, upon the exact nature of the cvntract, and other facts exclusively in possession of the lessees and the using roads. The knowable facts are as I have stated them. .
MISCEl,LAN I';OUS :MATTERS.

There are many other matters seriously needing attention that I have not been able to investigate fully, and indeed was not called upon to go intv. Some of them are as follows :
The L. & N. use of the right of way at Marietta, encroachments on the depot g:rounds by other roads at Cartersville and Kingston, the Southern's use of the \V. & A. yards at Dalton and varivus open questions about boundaries at different depots.
The city of Chattanooga owed the State $5,500.00 for damages in opening Georgia avenue. There was a balance of $I,250.00 due on this in 1896. I have no

WEDNESDAY, }ULY 22, Igo8.

475

-evidence of this balance ever having been paid, and neither the Treasurer nor the Comptroller is able to inform me. I am not able to speak with absolute certainty about it, but it is one of the many matters needing to be looked after. The gentleman who, as attorney, repre-
,#
sented the State in Tennessee in this matter, writes me t>hat one of his partners at the time has since died anJ another has been elevated to the Court of Appeals, that his office and files have been destroyed, and that he can not give full information. He does remember, however, and states, that the city of Chattanooga did not pay all of the a\vard. the reason being that the lessee company was in possession of some other street belonging to the 'City.
The explanation is not entirely clear, but it will require a longer and more tedious examination of the facts than is now possible, and the matter hardly comes within the scope of the present inquiry. I call attention to it merely because it has incidentally attracted my attention and seems to warrant further inquiry.
From 1893 to 1900 many small encroachments by -private parties on the right of way were dealt witn, and ir. a large number of cases written acknowledgments were taken, the encroachers being in many cases permitted to remain in possession. I have not been able to find these papers, an.d no officer at. the capitol is able to :inform me of them.
During the pa.st twenty years there have been many

476

WEDNESDAY, }ULY 22, rgo8.

contruversies in courts concerning the right of way and oti1er properties of the W. &. A. R. R., in the cvurse of which much. valuable testimony has been found, includ- ing early maps identified by witnesses then living, who served the road in its infancy. In some cases the original engineers testified. In some cases testimony was taken de bene esse. Nearly all these papers, maps and documents have disappeared. Many of the witnesses have since died, and the testimony can not be replaced. I nand you herewith a voluminous original report of testimony and the award of a commission in 1895 in a controversy between the State and the Central Railroad touching valuable property in Atlanta. This finding of the commission is worth many thousands to the State, and this record is the only evidence of it. I found it in possession of private persons in Atlanta. The testimony recorded in it is of inestimable value. U nfortunately, valuable maps referred to in it can not be found. I believe the law does not specifically charge any person with the custody of these documents.
It is greatly to be regretted that there is not some provision made for the systematic care of these records, and I am condnced that the losses to the State from the want of some provision on the subject have been very great.
Respectfully submitted,
HooPER ALEXANDER.
June 22, rgo8.

WEDNESDAY, JULY 22, Igo8.

477

By unanimous consent the following bill was read the first time, to wit : By Mr. Trent of Heard-
A bill to create the city court of Franklin. Referred to Committee on Corporations. The following resolution was read and referred to the Committee on Rules, to wit: By Mr. Hall of Bibb-
A resolution to make House bill No. .S93 the special order for Friday, July 24.
The following bills were read the first time by unanimous consent, to wit : J?y Mr. Crawford of Bartow-
A bill to amend section 2059 of the Civil Code. Referred to the General Judiciary Committee. By Mr. Edmondson of ChattoogaA resolution to pay pension to Mrs. Eliza Lee. Referred to Committee on Pensio~s.

By unanimous consent the following bills were read the third time and put upon their passage, to wit:
By Messrs. Duggan and Walker of Washington-

A bill to provide for the election of a judge and solicitor of the city court of Sandersville.

478

JouRNAL oF 'fHE HousE,

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 g8, nays o.
The bill having received the requisite constitutional majority was passed.

By :\Ir. Townsend of ClinchA bill to create the city court of Homerville.

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 g8, nays o.
The bill having received the requisite constitutional n~ajority was passed.
By Mr. Pope of Dade-
A resolution to authorize the county authorities of
Dade county to relieve J. R. Brock, T. F. Smith, Geo. W. Cureton et al. as sureties on the bond of JOihn M. Castle-
. berry.
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 95, nays 4
The resolution having received the requisite constitutional majority was passed.

By unanimous consent the following bills were read the second time, to wit:

WEDNESDAY, JULY 22, Igo8.

47~

By M~ssrs. Cook, Stubbs and Mcintyre-

A bill to authorize the trustees of the State University to permit the board of education of Thomasville to use certain realty.

By Mr. Reid of :\{aeon-

A bill to amend an Act to create the city court of Oglethorpe.

The following resolution was read and referred to the Committee on Rules, to wit:

By Mr. Wilson of Gwinnett-

A resolution to make House bill No. I 76 the special order for July 27.

The following message was received from the Senate, through Mr. Northen, Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following House bill, to wit:

A bill to extend the time within which work shall be commenced on the Georgia Southwestern and Gulf Railroad, and for other purposes.

The following message was received from the Senate, through Mr. Northen, Secretary thereof:

Mr. Speaker:

The Senate has passed, by the requisite constitutional majority, the following Senate bill, to wit:

4"80

JouRNAL oF THE HousE,

the A bill to incorporate the city of Lav0nia, in county
-of Franklin.

On motion of Mr. Holder the special continuing order was again taken up for a further consideration, to wit:

By Mr. Holder of Jackson-

A bill to provide for the hire of certain felony convicts for a period of five years, and to provide for working certain other convicts on the public roads and public works of this State, and for other purposes.

The Speaker again resolved the House into a committee of the whole, and Mr. Dunbar of Richmond, resumed the chair.

After a consideration of the bill the committee arose, and through its chairman rep0rted progress, and asked leave to sit again.

By unanimous consent the following bill was taken up :and read the third time and put upon its passage, and the morning's session was extended until the same could be <lisposed of, to wit:

By Mr. Slade 0f Muscogee-

A bill to be entitled an Act to amend the Constitution of the State of Georgia by repealing section 1 of article 2 of the Constitution of this State, and inserti~g in lieu t:1ereof a new section consisting of 9 paragraphs prescribing the qualifications for electors, providi'ng for the registration of voters and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the au-

WEDNESDAY, }ULY 22, 1908.

481

thority of the saine, That section I of article 2 of the Constitution of this State be, and the same is, hereby repealed, and the following section, consisting of nine paragraphs, be inserted in said article in lieu thereof:

PARAGRAPH r. After the year 1908, elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with requirements of law.

PAR. 2. Every male citizen of this State who i.s a citizen of the United States twenty-one years old or upwards, not laboring under any of the disabilities named in t~is article, and possessing the qualifications provided by it, shall be an elector, and entitled to register and vote at any election by the people; provided, that no soldier, sailor or marine in the military or naval service of the United States shall acquire the rights of an elector by reason of being stationed on. auty in this State.

pAR. 3 To entitle a person to register and vote at any election by the people, he shall have registered in the State one year next preceding the election, and in the county in which he offers to vote six months next preceding the election, and shall have paid all taxes which may have been required of him since the adoption of the Constitution of Georgia of 1877, that he may have had an opportunity of paying agreeably to law. Such pay. ment must have been paid at least six m~nths prior to
the election at which he offers to vote, except when such elections are held within six months from the expiration of the time fixed by law for the payment of such taxes.

PAR. 4 Every male citizen of this State shall be en-
titled to register as an elector and to vote
31 hj

482

JouRNAL OF THE HousE,

in said State who is not disqualified under the provisions of section 2 of article 2 of this Constitution, and who possesses the qualifications prescribed in paragraphs 2 and 3 of this section, or who will possess them at the date of the election occurring next after his registration, and who, in addition thereto, comes within either of the classes provided for in the five following subdivisions of this paragraph :

(I) All persons who have honorably served in the land or naval forces of the United States in the Revolutionary War or in the War of 1812, or in the war with Mexico, or in any war with the Indians, or in the wa.r between the States, or in the war with Spain, or who hon.:>rably served in the land or naval forces of the Confederate States or of tile State of Georgia in the war between the States, or (2) all persons lawfully descended from those embraced in the cla.sses enumerated in the subdivision next above, or (3) all persons who are of good character and understand the duties and obligations of citizenship
under a republican form of government, or (4) aa
persons who can correctly read in the English language any paragraph of the Constitution of the United States, .or this State, and correctly write the same in the English language when read to them by any one of the registrars, and all persons who solely, because of physical disability, are unable to comply with the above requirements, but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States, or of this State, that may be read to them by any one of the registrars, or ( 5) any person who is the owner in govd faith in his own right of at least forty acres of land situated in this State upon which he resides, or is the owner in good faith in his own .right of property

Wm>NESDAY, JULY 22, Igo8.

483

situated in this State and assessed for taxation at the value of $500.00.

PAR. 5 The right to register under subdivisions one :and two of paragraph 4 shall continue only until January 1, 1915, but the registrars shall prepare a roster vf all persons who register under subdivisions one and two of paragraph 4, and shall return the same to the clerk's office of the superior court of their c.:>unties, and the -clerks of the superior courts shall send copies of the same to the Secretary of State, and it shall be the duty of these officers to rec.:>rd and permanently preserve these rosters; any person who has been once registered under either of the subdivisions one or two of paragraph 4, shall thereafter be permitted to vote, provided he meets the requirements vf paragraphs 2 and 3 of this section.

PAR. 6. Any person to whom the -right of registration is denied by the registrars upon the gr.:>und that he lacks the qualifications set forth in the five subdivisions of para graph 4, shall have the right to take an appeal, and any dtizen may enter an appeal from the decision. of the registrars; allowing any person to register under said subdivisions ; all appeals must be filed in writing with the registrars within ten days from the date of the decision complained of, and shall be returned by tfle registrars to the vffice of the clerk o the superior court to be tried as other appeals.
PAR. 7 Pending an appeal and until the final decision
of the case, the judgment of the registrars shall remain in full force.
PAR. 8. No person shall be allowed to participate in a primary of any political party or a conventi.:>n of any political party in this State who is not a qualified voter.

484

JouRNAL oF THE HousE,.

.. PAR. 9 The machinery provided by law for the regis:.. tration, of force October 1, 1908, shall be used to carry uut the provisions of this section, except where inconsistent with same the Legislature may change or amend the registration laws from time to time, but no such change or amendment shall operate tv defeat any of the provisions of this section.

SF.c. 2. Be it further enacted That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their Journals with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each congressional district in this State for the period of two months next preceding t~1e time of holding the next general election.

SEC. 3 Be it further enacted That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor uf adopting the proposed amendment to the Constitution shall have written or printed on their ballots tthe words, "For amendment of the Constitution providing qualification of voters," and all persons opposed to adoption of said amendment shall have written or printed on their ballots the words, "Against Amendment of Constitution providing qualifications of voters."

WEDNESDAY, JuLY 22, Igo8.

485

SEc. 4 Be it further enacted That the Governor be, and he is hereby authorized and directed to provide for the submission of the amendment pr.:>posed in this Act to a vote of the people as required by the Constitution of this State in paragraph I of section I of article I3, and if ratified the Govern.:>r shall, when he ascertains such rati:Q.cation from the Secretary of State to whom the returns shall be referred in the manner as in cases of elections for members of the General Assembly, t.:> count and ascertain the result, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified-.r-
SEc. 5 Be it further enacted That all laws <lnd parts of laws in conflict with this Act be, and the same are, hereby repealed.

The above was an engrossed bill.

An amendment to the Constitution being proposed by the above bill, the ayes and nays were ordered .:>n its vassage, and the vote was as follows :

Those voting in the affirmadve were Messrs.-

Adams of Chatham, Adams of Elbert, Adkins, Alexander, Allen, Anderson of Bulloch, Anderson of Cobb, Atkinson, Ballard, Barksdale, Barrett, Barrow, Blackburn,

Bond, .

Cook of Telfair,

Bowen,

Cooke of Thomas.

Brown of Oglethorpe, Covington,

Bu.channon,

Couch,

Burkhalter,

Cowan,

Burwell,

Crawford,

Butt,

Culbreth,

Cal beck,

Daniel,

Candler,

Davis,

Cannon,

Davison,

Clark,

Dean,

Clifton,

Dickey,

Cook of Chat'hoochee, Dorminy,

486

JoURNAL OF THJS House,.

Dunbar, Duggan, Eaves, Edmondson, Edwards, Ellison, Estes, Fagan, Flanders, Fowler, Fraser, Frier, Fullbright, Gibson, Glenn, Guyton, Hall, Harris, Heard, Hill, Holder, Hubbard, Huie, Hullender, Jackson, Johnson of Towns, Keith, Kendall,

Kendrick, Lee, Lively, Lunsford, McCarthy,. Mcintyre, McMahan;.
McMicl'lae~.
McMullan.. McWilliams. Martin, Massengale, Mercer, Moore, Mundy, Nix, Orr, Parker, Parrish, Persons, Peterson, Pope of Brooks, Pope of Dade, Powell, Reid of Macon, Reid of Wilcox, Rogers, Russell,

Shaw-, Simmons; S1ade, Slater, Smith of Camplwl~. Stewart, Strickland,. Stubbs, Sumner, Thome, 'Ihurman;. Tift, Tracy, Trent, Tuggle, Tyson, Walker of Wash'ton1. Watkins, White of Screven,. Whitley, Wise, Wootten, Wright of Floyd, Wright of Richmond~ Wynne, Young, Mr. Speaker.

Those voting in the negative were Messrs.-

Johnson of Jasper,

Those not voting were Messrs.-

Adams of Wilkinson, Arnold, Ashley, Atwater, Austin, Bell, Berry, Boyd, Brown of Carroll, Callaway,

Chamlee, Collum, Crumbley, Donalson, Dykes, Flannigan, Foster, Furr, Geer, Godley,

Goode, Hamilton, Hardeman, Haywood, Hines, Howard, Huff, Johnson of Jeff Davis,. Jones of Meriwether, Jones of Mitchell,

Lumsden, Matthews, MacFarland, Maxwell, Mays, Morris, Nowell, Odum, Payton, Perry,

THURSDAY, ]ULY 23, 1908.

487

Price of Bartow, Price of Oconee, Reid of Putnam, Rountree, Ryals, Sheffield, Smith of Calhoun, Stephens, Swilling, Taylor of Appling,

Taylor of Sumter, Terrell, Townsend, Walker of Lowndea, Walker of Milton, Ward, Warnell, White of Madison, Williams, Wilson,

The roll call was verified, and on counting the votes cast it was found that the ayes were 122, nays 1.

T.ne bill having received the necessary two-thirds majority, was passed, and the same was ordered to be spread in full upon the Journal.

The Speaker then announced the House adjourned until 9 o'clock to-morrow morning.

ATLANTA, GA.,
Thursday, July 23, 1908.
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.
By unanimous consent the call of the roll and the reading of the Journal of yes.terday's proceedings was
dispensed with.
The following resolution was read, to wit:

488
By Mr. Perry of Hall-
A resolution providing for a committee of conference of fifteen members of the House, representing the views of both sides of the convict lease bill, whose duty it shall be to consider and perfect as near as possible the convict bill and report to the House not later than I2 o'clock m. to-day.
The previous question was called, and the main question ordered.
On the adoption of the resolution the ayes were 42, nays I I I. The resolution was therefore lost.
The following joint resolution was read, to wit:
By Mr. Moore of Cherokee-
A resolution providing that when the House adjourns to-morrow it stands adjourned untd Monday, August 3
The above resolution was ordered to lay on the table one day.
By unanimous consent the following bills were read the first time, to wit :
By Mr. Dorminy-
A b1ll to amend an Act to incorporate Fitzgerald. Referred to Committe~ on Corporations.
By Mr. Cook of Chatta:1oochee-

A bill to amend the charter of the town of Cusseta. Referred to Counties and County Matters Committee.

THURSDAY, }ULY 23, 19Q8.

4S9

:By Mr. Edwards of Habersham-

A bill to amend an Act relative to the fees of oil incspectors.

Referred to Special Committee on Agriculture.

By Messrs. \Valker and Ashley of Lowndes-

A bill to amend an Act to incorporate the city of Valdosta.

Referred to Special Judiciary Committee.

By Mr. Whitley-

A bill to amend an Act 'to create a new charter for the town of Douglasville.

Referred to Cvmmittee on Corporations.

By Mr. Lumsden-

A bill to authorize passengers occupying lower berths on sleeping-ca~s 'to control upper berths.

Referred to Committee on Railroads.

By Mr. Lumsden-

A bill tv prohibit manu'facture and sale of cigarettes -and cigarette papers in Georgia.

Referred to Special Judiciary Committee.

By Mr. Pope of Brooks-

A bill to regulate logcarts, etc., running on roads and .bridges of Lowndes county.

490

JOURNAL OF THE HOUSE,

Referred to Counties and County Matters Committee.

By Mr. Payton of Worth-

A bill to amend section 4398 of the Code relative to. practice of law.

Ref.erred to Special Judiciary Committee.

By Mr. Payton-
A bill to amend section 75, volume I, of the Code, defining who shall be subject to road tax.

Referred to Special Judiciary Committee.

By :Yir. Payton-
A bill to amend article 2, section I, paragraph 2, ofthe Constitution relative to electors' oath, etc.

Referred to Committee on Constitutional Amendments._

By Messrs. Matthews and Clark-

A bill to incorporate the town of Rockledge.
Referred to Committee on Corporations. By ::VIr. Kendrick-
A bill to prohibit the sale of burglars' tools, etc. Referred to General Judiciary Committee. By Mr. HardemanA bill to create a system of public schools for town oF Spread. Referred to Committee on Education.

THURSDAY, }UI.Y 23, 1908.

491

By Mr. Hardeman-
A bill to amend the primary election laws of Georgia.
Referred to General Judiciary Committee.
By Messrs. Allen, Dunbar and \Vright of Richmond-
. A bill to provide for appointment of fish warden for Savannah River.
~eferred to Committee on Fish and Game.

By Mr. Parrish-

A bill to extend the corporate limits of town of AdeL

Referred to Committee on Corporations.
By ~1r. Barro;v-
A bill to amend an Act, approved August 17, 1903, to revise and consolidate laws of force for protection of game and fish.

Referred to Committee on Game and Fish.

By Mr. Hardeman-

A bill to create a system of public schools for town of Bartow.

Referred to Committee on Education.

By Mr. Clifton-

A bill to amend an Act to create a system of public schools for town of Vidalia.

492

JouRNAL oF 'l'HE HousE,

Referred to Committee on Educatioa.

By Mr. Ellison-

A resolution to pay pension to Mrs. Nancy M. Collier.

Referred to Committee on Pensions.

By Messrs. Taylor and Dykes-

A bill to amend an Act creating a board of commissioners of roads and revenues for county of Sumter.

Referred to Cotinties and County Matters Committee.

By Mr. Hardeman-

A bill to amend an Act to increase the membership of the Railroad Commisaion.

Referred to General Judiciary Committee.

By Mr. Hardeman-

A bill to amend section 2185 of Civil Cvde relative to suspension -of Railroad Commiss1'oner by the Governor.

Referred to General Judiciary Committee.

By Mr. Buchannan-
A bill to amend an Act to create the city court oi
Blakely,

Referred tv Special Judiciary Committee.

Mr. Blackburn, chairman of the Special Judiciary Committee, submitted the following report :

THURSDAY, JULY 23, 19<)8.

493:

Mr. Speaker:

Your Commttee on Special Judiciary has had under consideration the following House bills, and as its chairman I am directed to report tile same back with recummendation as follows :

House bill ~o. 1034, entitled an Act to amend an Act
incorporatiHg the town of Perry in Houston county, do pass.

House bill No. 1044, entitled an Act to abolish the county court of Houston county; do pass.

House bill No. 76o, entitled an Act to repeal an Act amending an Act to establish the city court of Eastman, do pass.

House bill No. 830, entitled an Act to establish the city court of St. Marys, in Camden county, do pass by substitute.

House bill No. 1038, entitled an Act to establish a citycourt in and for the county of Houston, do pass.

House bill No. 990, entitled an Act to amend the Act creating the city court of Brunswick, do pass.
Also House bill No. 1040, entitled an Act to fix the time for holding the superior courts in the various counties composing the Alapaha circuit, do pass.
House bill No. 1035, entitled an Act to create and organize a new judicial circuit of the superior courts tobe known as Alapaha circuit, do pass;
House bill No. IOIS, to be entitled an Act to regulate: the practice of professional piano tuners, do pass.

494

JouRNAL oF THE HousE,

House bill No. 1045, entitled an Act to provide for the defining and reestablishing the boundary. lines between .certain counties in this State, do pass.

All of which is respectfully submitted,

R. B. BLACKBURN, Chairman.

July 21, 1908.

Mr. Nowell, chairdian of Committee on Corporations,

:submitted the following report :



Mr. Speaker:

Your Committee on Corporations has had under con.sideration the following bills of the House, and direct me as their chairman to report same back with the following recommendations, to wit:

Do pass.

A bill entitled an Act to amen-d the c!1arter of the city -of Brunswick.

An Act to amend the charter of the town of Kirkwood.

An Act to create a board of commissioners of roads ..and revenues in Glynn county.

An Act incorporating the city of Brunswick.

Do pass as amended.

An Act entitled an Act to re-incorporate the town of .Adel, in Berrien county.
Do pass.

THURSDAY, JULY 23, 1908.

495

An Act to re-incorporate the town of Adel. Do not pass.

An Act to incorporate the town of Hudsonville.

Do pass.

An Act to incorporate tlie town of Cedar Grove.

An Act to amend the charter of the city of Athens.

An Act to incorporate the town of East Lake, in DeKalb county.

An Act to abolis!1 the board of commissioners of roads and revenues for the county of Hart.

An Act to create the office of county commissioners of roads and revenues for Hart county.

An Act to incorporate th~ town of Primrose.

An Act to amend the charter of the city of Gainesville.

Respectfully submitted,

HAL G. NowELL, Chainnan.
Mr. Wright of Richmond, ~hairman of Committee on General Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary having had un-
ii- der consideration the following bills of the Senate,
structed me as their chairman to report same back to the House with the .recommendation that same do pass, to
wit:

496

JouRNAL oF THE HousE,

A bill to prescribe the duties of electric telegraph companies as to receiving and transmitting dispatches, and for other purposes.

Respectfully submitted,

BOYKIN WRIGHT,
Chairman.

~Ir. Candler, chairman of the Committee on Appropriations, submitted the following report:

Mr. ,...,~peakcr:

Your Committee on Appropriatiuns have had under consideration the following bills and resolutions, and instruct me as their chairman to report the same back with the following recommendations :

To appropriate money for Confederate States ceh1etery at Marietta; do pass as amended.

To make appropriation to the Soldiers' Home, do pass.
To appropriate $10,000 to Dr. R. J. Massey; do not
pass.
To pay Vv. L. Michael certain money; do not pass.

To make appropriation for Georgia Library Commission ; do not pass.
To appropriate $25,000 to establish a tuberculosis sanitarium; do pass.

To appropriate $10,000 for establishing a crude cottonseed oil refinery in the Technological School; do not pass.

THURSDAY, JULY 23, 1908.

497

To pay for copying pension rolls; do pass.

To improve Indian Spring property; do pass as amended.

The committee recommends that the autl1or be allowed to withdraw the following:

To create a sanitarium for incipient tuberculosis.

The committee refers the following back to the House, and recommends they be recommitted to the Special Judiciary Committee:
To pay J. L. Martin, and for other purposes.
To pay W. L. Williamson, and

recommends that the following be , recommitted to t~1e Committee on Pensions :

To pay pension of J. U. Parker.

Respectfully submitted,

C. M. CANDLER,. Chairman.

Mr. Whitley of Douglas, chairman of the Committee un Hygiene and Sanitation, submitted the following report:

Mr. Speaker:

The Committee on Hygiene and Sanitation has had under consideration the following Senate Resolution, and -instructs me as its chairman to report the same back to the House with the recommendation that it do pass, to wit:
32 h j

498

}OURNAL OF THE HousE,

A resolution urging Congress to establish a national health bureau.

Respectfully submi.tted,

T. R. WHITLEY, Chairman..

Mr. Alexander, chairman of the Committee on the western & Atlantic Railroad, submitted the following report:

Mr. Speaker:

Your Committee. on the Western & Atlantic Railroad beg leave to report that they qave had under considera:.. tion House bill No. 132 authorizing the town of Calhoun to construct a railroad crossing in the limits of said town, and report the same back with the recommendation that it do pass as amended by the committee.
ALEXANDERz Chairman.

Mr. Parker, 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 provide for confirming and validating an bonds issued by counties and municipalities since the Constitution of 1877.

An Act to amend an Act creating a board of commissioners of roads and revenues for the county of Putnam,. approved September 8, 1879, and for other purposes.

THURSDAY, JUI.Y 23, Igo8.

.499

The Committee on Enrollment has also examined and report as properly enrolled, duly signed and ready for .delivery to the Governor the following resolutions, to wit:

A resolution to approve the application of the board of trustees of the University of Georgia for admission of the University of Georgia and such of its colleges and technical schools for participation in the rig:1ts and privileges of the Carnegie Foundation.

A resolution relieving Terrell county from State tax on four dispensaries in I 907.

The Committee on Enrollment has also examined and report as properly enrolled, duly signed and ready for delivery to the Governor the following Acts, to wit:

An Act to amend an Act creating the charter of tile town of Cordele, in the county. of Crisp, and for other purposes.

An Act to amend an Act incorporating the city of Vienna, approved December 10, 1901.

An Act to extend the time in which work shall be

commenced on the Georgia, Southwestern and Gulf Rail-

road, and for other purposes.

-

An Act to amend an Act incorporating the town of Cordele, in toe county of Crisp.

An Act to authorize the road commissioner$ of Cherokee county to order and have held an election by the qualified voters of said county, and for other purposes.

An Act to repeal an Act, approved August 6, 1870,

boo

JouRNAL OF THE Housg,

making the public roads of Terrell county twenty. feet
wicie.

An Act to make certain appropriatons to the State University for the use of the State Technological School.
An Act to amend an Act entitled an Act to cr~ate a board of commissioners of roads and revenues for Glascock county.

An Act to prohibit the employment of inexperienced persons as engineers, and for other purposes.
An Act to make certain appropriations to the U niversity of Georgia fur the benefit of the State Normal School at Athens.
An Act to amend an Act, approved August 19, 1907, to create a board of commissioners of Monroe county.

An Act t..:> amend an Act to create and incorporate the Haralson School District.

An Act to amend an Act incorporating the town of Center, county of Jackson.

An Act to appropriate the sum of $w,ooo to the
University of Georgia.

Mr. McMichael, chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has considered the following bills, and instructs me as its chairman t..:> report as follows:

THURSDAY, JULY 23, Ig<>8.

501

Senate bill No. 84, do pass.

House bill No 960, do pass.

House bill No. 917, do pass:

Respectfuly submitted, E. H. McMICHAEL, Chairman.

The following resolutivns were read and referred to the Committee on Rules, to wit:

By. 1\tr. White of Madison-

A bill to make the bill providing for election of county school commissivners the special order for July 29.

By Mr. Burkhalter-

A resolution to make House bill No: 377 the special order for the 27th instant.

The following resolutions were read and ordered to lay on the table vne day, to wit:
I
By Mr. Huff of Lumpkin-
A resolution calling on Hon. Jos. M. Brown to furnish certain information to toe General Judiciary Committee.

By unanimous consent the following bills were read the secvnd time and recommitted, to wit:

By Mr. Fullbright-
A bill to amend an Act to create the city court of VI/ a ynesboro.

Recommitted to Special Judiciary Committee.

502

JouRNAL oF TH~ HousE,

By Messrs. Heard and Adkins-
A bill to authorize the mayor and council of Barnes ville to issue bonds.

Recommitted to the Committee on Corporations.

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

By Mr. \VhitleyA bill to establish a sanitarium for consumptives.

By Messrs. Davis and Fagan-
A bill to amend an Act to incorporate the town of Perry.

By Messrs. Ward, Townsend, Johnson of J e:ff Davis, Bowen and Parish-

A bill to create and organize a new judicial circuit to be known as the Alapaha circuit.

By Messrs. Davis and Fagan -

A bill to abolish the county court of Houston county.

By Mr. Flanders-
A bill to create a system of public schools for vV rightsville.

By unanimous consent House resolution No. 39 was recommitted to the Committee on Appropriations.

On motion of the author, House resolutions Nos. 92 and 93 were taken from Committee on Appropriations andre-referred to the Committee on Special Judiciary.

THURSDAY, JULY 23, I9Q8.

503

On motion of the author House resolution No. 19 was taken from the Committee on ApDropriations and rereferred to the Committee on Pensions.

By unanimous consent the following bills were. read the third time and put upon their passage, to wit:

By Mr. Maxwell of Twiggs-
A bill to repeal an Act to create the city court of Jeffersonville.

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 112, nays o.
The bill having received the requisite constitutional
. JUajority was passed.

By Messrs. Cooke, Stubbs and Mcintyre-
A bill to instruct the trustees of the State University tc turn over to the board of education of Thomasville certain realty, and for other purposes.
The substitute proposed by the committee was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill the ayes were 112, nays o.
The bill having received the requisite constitutional majority was passed by substitute.
By Mr. Perry of Hall-
A bill to amend the charter of the city of Gainesville.

504

JouRNAL oF THE HousE,

The report of the committee, which was favorable to the passage of the J?ill, was agreed to.
On the passage of the bill the ayes were 100, nays o.
The bill having received the requisite constitutional majority was passed.

Mr. Slater of Bryan., moved that on to-morrow the committee of the whole proceed to vote upon the convict lease bill, which motion prevailed.
Mr. Slater then moved that individual speeches be limited to 20 minutes, which motion also prevailed.
On motion of Mr. Holder the special order was again taken up, to wit:
By Mr. Holder-
A bill to provide for the hire of the labor of certain felony convicts for a term of five years, and to work certain other convicts on the public roads.
The Speaker again resolved the House into a committee of the whole, and Mr. Dunbar resumed the chair.
After a consideration of the bill the committee arose and reported progress, and asked leave to sit again.
Upon the request of Mr. Nowell House bill No. 167 was taken from the General Judiciary Committee and rereferred to the Committee on Corporations.
By unanimous consent the following bills were read the second time, to wit:
By Mr. McMahan-
A bill to amend the charter of Athens, Ga.

THURSDAY, }ULY 23, 1908.

505.

By Mr. Lee-

A bill to amend the charter of Bruqswick.

By Mr. Lee-

A bill to amend an Act to incorporate the city of Brunswick.

By Mr. Lee-

A bill to amend an Act to create the city court of Brunswick.

By Mr. Lee-

A bill to amend an Act to create a board of commissioners of roads and revenues for Glynn county.

By Mr. "Williams of Dodge-

A bill to repeal an Act to amend an Act to create the city court of Eastman.

By Mr. McMullan-

A bill to create a board of commissioners of roads and revenues for Hart county.

By Mr. McMullan-

A bill to abolish board of commissioners of roads and revenues for Hart county.

By Mr. Parish-

A bill to an1end an Act to re-incorporate town of Adel so as to provide for public schools.

.{)06

JouRNAL OF THE HoUSE,

By Mr. Parish.:_

A bill to amend an Act to re-incorporate the town of Adel relative to certiorari.

By unanimous consent the following bills were read the -second time and re-committed, to wit:

"By Mr. McCarthy-

A bill to create a county police force for Chatham ocounty.

By Mr. Mc\Villiams-
A bill to amend an Act to amend the laws incorporating the town of McDonough.

By Mr. McWilliams-
A bill to repeal an Act to create the county court of Henry county.

By Messrs. Blackburn and Bell-
A bill to amend an Act to create the charter of Col-lege Park.

By Messrs. Blackburn and Bell-
A bill to amend Act creating charter of College Park so as to issue bonds.

By Messrs. Blackburn and Bell-
A bill to amend Act creating charter of College Park -so as to establish public schools.

By unanimous consent the following bill was read the -first time, to wit :

THURSDAY, }ULY 23, 19Q8.

507

By Mr. Rogers of Randolph-
A bill to amend an Act to create a board of commissioners of roads and revenues for Randolph county.
Referred to Counties and County Matters Committee.

By Mr. Smith of Campbell-
A bill to prohibit the sale of near beer m Campbell county.
Referred to Committee on Corporations.

By unanimous consent the following Senate bill was read the first time, to wit:

By Mr. Camp of 31st DistrictA bill to incorporate the city of Lavonia.
Referred to Committee on Corporations.
By unanimous consent the following Senate bill was read the third time and put upon its passage, to wit: By Mr. Crittenden of 1Ith District-
A bill to amend the charter of the town of Shellman.
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 100, nays o.
'The bill having received the requisite constitutional majority was passed.
Leave of absence was granted to Mr. Kendrick of Taliaferro.
The Speaker then announced the House adjourned until 9 o'clock to--morrow morning.

508

JouRNAL oF THE Houst,

ATLANTA, GA.,
Friday, July 24, 1908.
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.
By unanimous consent t:1e roll call and the reading of tht Journal of yesterday's proceedings was dispensed "vith.
Mr. Perry of Hall, moved that the House reconsider its action of yesterday in instructing the Committee of tbe Whole to limit debate on the convict bill, and also the time when the measure should be brought to a vote. The motion was lost.
The following resolution was read and adopted, to. wit:
By Mr. FullbrightA resolution fixing the order of bu~iness for to-mor--
."row's session, to wit:
1. Introduction of new matter.
2. Reports of standing committees.
3 Reading local House bills second time.
4 Reading local House bills third time.
5 Reading Senate bills first time.

FRiDAY, JuLY 24, rg<?S.

509

<6. Reading local Senate bills second time. 7 Reading local Senate bills third time. 8. Reading House bills favorably reported second time.

9 Concurrence in Senate amendments to local bills.
Mr. Whitley, chairman of the Committee on Hygiene :and Sanitation, submitted the following report:

Mr. Speaker:
Your Committee on Hygiene and Sanitation have had -under consideration the following bills, which they instruct me to report back with recommendation that they -do pass, to wit :
.A bill to require the registration of births.
A bill to amend an Act to more thoroughly carry into effect the pure food law.

Respectfully submitted,
T. R. WHITLEY; Chairman.
Mr. Nowell, chairman of the Committee on Corporations, submitted the following report :

Mr. Speaker:

Your Committee on Corporations has under consideration the following Senate and House bills, and direct me as their chairman to report same back with the following recommend~tion, to wit:
Do pass; Senate bill.

510

JpuRNAL oF THE HousE,

An Act to incorporate the city of Lavooia, Franklin county.

House bills ; do pass.
Ari Act amending an Act making it illegal to procure money on a contract with intent to defraud.
An Act to provide for the incorporation of mutual aid, benefit and industrial life insurance companies.

Do not pass. f.n Act incorporating the city of Senoia.
Do pass. An Act to amend an Act to establish the city court of Douglas.
An Act to authorize the mayor and council of the town of Byromville to issue bonds.
Do pass as amended.

An Act to establish the city court of Franklin, in and for the county of Heard.
Do pass.
An Act to amend the charter of the town of Cusseta.

An Act to amend an Act incorporating the city of Fitzgerald.

An Act to amend an Act creating a new charter for the town of Douglasville.

An Act to incorporate the town of Rockledge.

FRIDAY; JULY 24, 190?.

51];

An Act to change and extend the corporate limits of the town of Adel.
An Act to prohibit the sale of Bud beer or near beer in Campbell county.
Respectfully submitted,

HAL G. NOWELL, Chairman.

By unanimous consent the following bills were read the second time, to wit:

By Messrs. Alexander and CandlerA bill to amend the charter of the town of Kirkwood.

By Mr. \Villiams of Dodge-
A bill to amend an Act to create a board of commissioners of roads and revenues for the county of Dodge.

By Messrs. Alexander and Candler-

A bill to incorporate the town of East Lake.

By Mr. Matthews-

A bill to incorporate the town of Cedar Grove.

By Messrs. Jones and Keith-

A bill to incorporate the town of Primrose.

By .Mr. Cook of Chattahoochee-

A bill to amend the charter of the town of Cusseta.

-512

JouRNAL ol" T~E HousE,

By Mr. DorminyA bill to amend an Act to incorporate the city of Fitz-
:gerald.
By Mr. WhitleyA bill to amend an Act to create a new charter of the
town of Douglasville.

By Messrs. Matthews and ClarkA bill to incorporate the town of Rockledge.

By Mr. Smith of Campbell-
A bill to prohibit the sale of near beer m Campbell county.

By Mr. Parish-
A bill to extend the corporate limits of the town of A del.
By Messrs. Heard and Adkins-
A bill to authorize the .town of Byromville to issue bonds.

By unanimous consent the following bill was read the third time, to wit:

By Mr. Godley of Camden-

A bill to create the city .court of St. Marys.

The substitute offered by the committee 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 were 94, nays o.

FRIDAY, ]UI.Y 24, Igo8.

513

The bill having received the requisite cons-Autional majority was passed by substitute.
By unanimous consent the following Senate bill was read the second time, to wit:
By Mr. Camp of 31st District-

A bill to incorporate the city of Lavonia.
On motion of Mr. Holder, Mr. Alexander of DeKalb, was allowed thirty minutes in which to debate the convict bill in the Committee of the Whole, and the House so instructed the committee.
On motion of Mr. Holder the Speaker resolved the House into a committee of the whole for the purpose of again considering the following special order, to wit:

By Mr. Holder of Jackson-
A bill to provide for the hire of the labor of certain felony convicts for a term of five years, and for the working of other convicts on the public roads of this State, and for other purposes.
The Speaker resolved the House into a committee of the whole, and Mr. Dunbar took the chair.
After a consideration of the bill the committee arose, and through its chairman reported progress, and asked leave to sit again.
After a consideration of the bill the committee arose, reported progress, and asked leave to sit again.
On motion of Mr. Hall of Bibb, the session of the
33 h j

514

JouRNAL oF 'tHE HousE,

House was extended until 1 :30 o'clock for the purpose of disposing of the "convict bill."

On motion of Mr. Holder, the Speaker again resolved the House into the committee of the whole, and Mr. Dunbar resumed the chair.

After a further consideration of the bill the committee arose, and through their chairman reported the same back with the recommendation that it do pass, by substitt,tte as. am~nded.
I
Mr. Perry, of Hall, moved that 200 copies of the .substitute as amended to .the convict bill be printed, which motion prevailed.

Leave of absence was granted Messrs. Burkhalter, Adkins and Clifton.

Mr. Butt of Fannin, moved to adjourn, which motion prevailed, and the Speaker announced the House adjourned until 9 o'clock to-morrow morning.

ATLANTA, GA.,
Saturday, July 25, 1908.
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.
By unanimous consent the roll call and the reading of the Journal of yesterday's proceedings was dispensed with.

SATURDAY, JuLY 25, 1g08.

616

. The order of business, as fixed on yesterday, was read, and the following bills were introduced and read the first tirne, to wit :

By Messrs. Candler, Atkinson, Sumner, Dykes, Nowell, Edwards, Ward; et al.-
A bill to amend an Act to make appropriations for the ordinary expenses of the State government, and for other purposes.
Referred to Committee on Appropriations.

By Mr. McWilliams-

A bill to amend an Act to remove obstructions from streams of Henry county.

Referred to Committee on General Agriculture.

By Messrs. Martin, McMullan and Candler-

A bill to appropriate certain moneys to the University of Georgia.
Referred to Committee on Appropriations.

By Mr. McCarthy-
A bin to create the office of State boiler inspector.

Referred to GeJ?-eral Judiciary Committee.
By Mr. Brown of CarrollA bill to amend an Act to incorporate the town of
Temple.

Referred to Committee on Corporations.

516

}OURNAI. OP THlt HouSJt,

By Mr. Furr-

A bill to provide for a board of commissioners of roads and revenues for Banks county.

Referred to Counties and County Matters Conunittee.

Mr. Wright of Richmond, chairman of Committee on General Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary, having had under consideration the following bill of the House, instructed me as their chairman to report the same back to the House with the recommendation that the same do pass by substitlllte, to wit.

A bill to codify the laws of Georgia. Respectfully submitted,
BOYKIN WRIGHT,
Chairman.

Mr. Martin, chairman of the General Agriculture Committee, submitted the following report :

Mr. Speaker:
Your Committee on General Agriculture has had under consideration the following bill of the House, and instruct me as its chairman to report the same back with the recommendation tlntt it do pass as amended, to wit:

A bill to regulate the sale1 inspection and analysis of commercial fertilizers, etc.

Also the following Senate bill with the recommendation that it do pass, as amended, to wit:

-

S!"'l'URDAY, JuLY 25, I9<J8.

517

A bill to prohibit unfair commercial discrimination between different sections, etc.

Respectfully submitted,

L. H. 0. MARTIN, Chairman.

Mr. Adams of Chatham, acting chairman of the Committee on General Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary, having had under consideration the following bills of the House, instructed me as their acting chairman to report the same back to the House with the recommendation that same do pass, to wit :

A bill to regulate practice in cases of garnishment.
A bill to amend article 3, scection 7, paragraph r8, of
the ConstitutiOtll relative to granting charters.

A bill ~o amend section 4550, Code 1895, relative to attachments.

A bill to amend section 4518, Code 1895, relative to return of attachment.

Also the following House bill with the recommendation that same' do pass as amended, to wit :

A bjll to amend section 4514, Code 1895, relative to !SUreties on bonds.
Respectfully submitted,
A. P. ADAMS, Acting Chairman.



618

JOURNAL OF THlt HoUSlt,

The following bills were read the third time and put

upon their passage, to wit :



By Mr. Dorminy-

A bill to amend an Act to incorporate the city of Fitzgerald.

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 115, nays o.
The bill having receiv~ the r~quisite constitutional m~jor~ty w~s passed.
By Mr. Williams of Dodge-
A bill to amend an Act to create a board of commissioners of roads and revenues for the county of Dodge.
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 110, nays o.
The bill h;,tving received the requisite constitutional majority was passed.

~y Mr. ~land~rs-

A bill to create a system of public schools for city of W rightsvjlle,

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

On the passage of the bill the ayes were 125, nays o.

SATURDAY, ]ULY 25, 1908.

519

The bill having received the requisite constitutional majority was passed.

By Messrs. Alexander and Candler-

A bill to amend the charter of the town of Kirkwood.

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 115, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Lee of Glynn-

-A bill to amend the charter of the city of Brunswick.

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 120, nays 0:

The bill having received the requisite constitutional majority was passed.

By Mr. Lee-

A bill to amend an Act to incorporate the city of Brunswick.

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 100, nays o.

The bill having received the requisite constitutional majority was passed.

520

JOURNAL OF 'fH 1-IOUSF.,

By Mr. Lee-

A bill to amend an Act to create a board of commissioners of roads and revenues for Glynn 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 99, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. .McMahanA bill to amend the charter of the city of Athens.

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

On the passage of the ~ill the ayes were 98, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. MatthewsA bill to incorporate the town of Cedar Grove.

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 100, nays o.

The bill having received the requisite constitutional majority was passed.

By Messrs. Alexander and CandlerA bill to incorporate the town of East Lake.

SATURDAY, JuLY 25, Igo8.
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 g8, nays o.
The. bill having received the requisite constitutional majority was passed.
By Messrs. Davis and Fagan-
A bill to amend an Act to incorporate the town of Perry.
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 I IO, nays o. The bill having received the requisite constitutional majority was passed.
By Mr. Cook of C11attahoochee-
A bill to amend the charter of the town of Cusseta.
The report of the committee, which was favorable to the passage 'Uf the bill, was agreed to.
On the passage of the bill the ayes were I rg, nays o.
The bill having received the requisite constitutional majority was passed.
By Mr. McMullan-
A bill to create the office of commissioner of roads and revenues for Hart county.

522

JOURNAL OF TB~ HOUS,

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 125, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Smith of Campbell-

A bill to prohibit the sale of near beer in the county of Campbell.
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 100, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Whitley-
A bill to amend an Act to create a new charter for the town of Douglasville.
The report of othe committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 99, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Parish-
A bill to extend the corporate limits of the town of A del.

SATURDAY, JuLY 25, 1908.

523

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 g8, nays o.

The bill having received the requisite constitutional majority was pa:ssed.

By Mr. McMullan-

A bill to abolish the board of commissioners of roads revenues for Hart county.

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

On the passage of the bill the ayes .were 100, nays o.

The bill having received the requisite constitutional majority was passed.

By Messrs. Heard and Adkins -

A bill to authorize the mayor and council of Byromville to issue bonds.

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 wer:e I 19, nays o.

The bill having received the requisite constitutional majority was passed.

By Messrs. Matthews and Clark-
. . A bill to incorporate the town of Rockledge.

524

}OURNAI. OP TH~ Hous~,

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 IO], nays o.
The bill having received the requisite constitutional majority was passed.

By Messrs. Jones and Keith-

A bill to incorporate the town, of Primrose.

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 I !4, nays o.

The bill having received the requisite constitutional majority was passed.

By "Mr. Parish of Berrien-

A bill to amend an Act to re-incorporate the town of Adel relative to certioraris.
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 I I9, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Parish-

A bill to re-incorporate the town of Adel so as to provide for a system of public schools.
The committee proposed to amend by striking the

625
word "active" in line 2, section 7, and insert the word "accurate;" also by striking the word "nine" in line 3, section 10, and insert the word "ten ;" also by striking the words "should the mayor and council decide to do" in line 6 of section I I.
The r~port of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were I20, nays o.
The bill having received the requisite constitutional majority was passed as amended.
Under the fixed order of business the following bills were read the second time, to wit :
By Mr. Burkhalter-
A bill (0 regulate the sale, inspection and analysis of commercial fertilizers.
By Mr. McMahan-
A bill to require the State Librarian to furnish one copy of every State publication to the State University.
By Mr. Calbeck-
A bill to authorize the construction of a street cross-
ing over the tracks of the W. & A. R. R. in the town of Calhoun.
By Mr. Johnson of Jasper-
A bill to amend an Act_ to make it illegal to procure .money on a contract with intent to defraud.

526

JouRNAl. oF THlt Hous:~t,

By Messrs. McMahan, Holder and Flannigan-

A bill to regulate the business of assessment and mutual cooperative -fire insurance companies, etc.
By Mr. Mays of Butts-
A bill to apropriate $3,000 for improving the State's property at Indian Spring.
By Mr. Tift of Dougherty-
A bill to require the registration of births in Georgia.
By Mr. Brown of Carroll-
A bill to amend section I I 10, volume 3, of the Code.
By Messrs. Morris of Wayne, McMichael, Donalson and Adams of Chatham-
A bill to provide that the State School Commissioner shall be ex-officio secretary of the State Board of Education, etc.
By Mr. Nowell-
A bill to provide for the incorporation of mutual aid, benefit and industrial life insurance companies.
By Mr. Buchannon-

A bill to regulate the practice of professional piano tuners.

By Messrs. Blackburn and Bell-
A ~ill to appropriate $5,000 to the Confederate Soldiers' Home.

SATURDAY, JULY 25, Igo8.

527

By Mr. Wright of Floyd-

A bill to amend the pure food law.

By Messrs. Davis and FaganA b~ll to create the city court of Houston county.

By Messrs. Ward of Coffee, et al.-
A bill to fix the time for holding the superior courts in the Alapaha circuit.

:By Messrs. Maxwell and Twiggs-

A bill to establish certain county lines, etc.

By Mr. Hall of Bibb-

A bill to authorize the construction of dams across non-navigable streams.

By Mr. Davison of Greene-
A resolution for the relief of J. W. Turner.

By Mr. Davison-
A resolution to pay Mrs. L. H. Ledsinger for c~pying pension rolls.

By Mr; Barrow-

A bill to regulate practice in cases of garnishment.

By Mr. Barrow-

A bill to amend article. 3, section 7, paragraph 18 of the Constitution.

528

JouRNAL OF TH~ Hou~

By Mr. BarrowA bill to amend section 4550 of the Code.
By Mr. BarrowA bill to amend section 4518 vf the Code.

By Mr. Barrow-
A bill to amend secti~:m 4514 of the Code.
The following Senate bills were read the first time, to wit:

By Mr. Lashley of 40th District-
A bill to prevent taking fish from Brasstown Creek in Towns and Union counties.
Referred to Committee on Corporations.

By Mr. Wilkes of 7th District -

A bill to incorporate the town of Kingwood.
Referred to Committee on Corporations.
The following Senate bills were read the third time . and put upon their passage, tv wit :

By Mr. Camp of 31st District-

A bill to incorporate the city of Lavonia.
The report of the committee, which was favorable te the passage of the bill, was agreed to.

On the passage of the bill the ayes were 100, nays o.

SATURDAY, Jur.Y 25, rgo8.

529

The bill having received the requisite constitutional majority was passed.

The following bill was taken up, and the Senate amendment concurred in, to wit:

By Mr. Reid of Putnam-

A bill to create a new charter for the town vf Eatonton.

The following Senate amendments were adopted, to wit:

To amend section 27, sub-section 3 by inserting after word "defeat" in line 8, the following words: "Pr0vided same can be done on terms deemed reasonable by council." .

The House proposed the following amendment to tne Senate amendment, to wit:

To amend by numbering section 27, ?ecti0n 26, and by numbering the remaining sections accordingly.

Leave of absence was granted Mr. Prescott and Mr. Cook of Telfair.

The order of business for to-day's session having been completed the Speaker announced the House adJourned until IO o'clock Monday morning.
34 bj



.530

JouRNAL oF THE I louse,

ATLANTA, GA.,

MONDAY, July 27, 19QS.

The House met pursuant to adjournment at 10 o'clock,

a.m., this day; was called to order by .the Sp_eaker, and

opened with prayer by the Chaplai-n.



By unanimous consent the call of the roll and the reading of the Journal of Saturday's proceedings was dispensed with.

By unanimous consent the following bills were read the first time, to wit:

By Mr. Cook of Telfair-
a A bill to amend an Act to create system of public
schools in the town of Lumber City.
Referred to Special Judiciary Committee.

By Mr. Kendall-
A bill to repeal an Act to create local tax district schools, etc.

Referred to Committee on Education.

By Mr. Smith of Campbell-
A bill to amend the Constitution of this State so as to prohibit the leasing of convicts.
Referred to Committee on ConstitutionaJ Amendment3.



531
.By Mr. White of MadisonA bill to create the city court of Danielsville. Referred to Special Judiciary Committee.
:By Mr. EllisonA resolution to pay L. H. Zachry, of Harris county,
:$450.00. Referred to Committee on Appropriations.
By Mr. BlackburnA bill to incorporate the city of Bolton. Referred to Special Judiciary Committee.
By Mr. Brown of CarrollA bill to amend sections 90 and 91 of volume 1 of the
Code. Referred to Committee on Privileges and Elections.
By Mr. EllisonA bill to amend section 472 of the Political Code. Referred to General Judiciary Committee.
By Mr. White of MadisonA bill to abolish.the city court of Madison county. Referred to Special Judiciary Committee.
. :By Mr. White of MadisonA bill to incorporate the city of Danielsville.

532

JouRNAL OF THE HouSE,

Referred to Committee on Corporations. By Messrs. Young and Tuggle-
A bill to amend the charter of the town of Hogansville. Referred to Special Judiciary Committee. By Mr. SheffieldA bill to create the new county of Georgia. Referred to Committee on Constitutional Amendments. By Messrs. Flannigan and HolderA bill to amend the charter of the city of Winder.

Referred to Committee on Corporations. By Mr. Fullbrig~f of Burke-
A bill to amend the charter of the city of Waynesboro. Referred to Committee on Corporations. The following telegram was read, to wit:

ATHENS, GA., July 27, 1908. John M. Slaton, Speaker House of Representatives, At_:
lanta, Ga.: Mr. George Houser, Doorkeeper, died this morning. Funeral here Tuesday, ten-thirty.
HrNTON BooTH. The following resolution was read and adopted, to wit~
By Mr. McMahan-
!.\ resolution tendering the sympathy of the House to.

-- M.,..Q._~J;>' A~Y.,

J

U
.

L

Y.

27, -

190~

tQ.e family of George Houser, deceased doorke~per of the House.

Mr. Davison, acting chairman of Committee on Counties and County Mc;ttters, submitted the following report:

Mr.Speaker:

Your Committee on Counties and County Matters has

had under consideration House bills Nos. 975, 1073, 976,

766, 994, I039, 1078, and instructs me as their chairman

to report the same back with the recommendation that the

same do pass.

R. E. DAVISON, Acting Chairman.

July 24, 1908.

By unanimous consent the following pills were read the third time and put upon their passage, to wit:

By Mr. McWilliams-
A bill to amend an Act to amend and consolidate the Acts to incorporate the town of McDonough.
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 I 20, nays o.
The bill having received the requisite constitutional majority was passed.

By Mt. McvVilliam;;-
A bill to amend an Act to amend and consolidate the Acts to incorporate the town of McDonough, so as to change the corporate name from "town" to "city."

634

JOURNAl, OF TH:ii; HOUSlt,

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

By Mr. Townsend of Clinch-
A bill to abolish the county court of Clinch county.
. Th.e 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 105, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Williams of Dodge-

A bill to repeal an Act to create the city court of East- man.

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 96, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Bowen of Tift-

A bill to amend an Act entitled an Act to amend an Act to create and establish the city court of Tifton.

MONDAY, }ULY 27, 1908.

535

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 107, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Bowen of Tift-
A bill to change the time of holding the superior court of Tift county.

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

On the passage of the bill the ayes were 105, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. McCarthy-
A bill to create a county police force for the county of Chatham.

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 105, nays o.

The bill having received the requisite constitutional majority was passed.

By unanimous consent House bills Nos. 926 and 1028, and Senate bill No. 196, were recommitted.

The following resolution was read and referred to the Committee on Rules, to wit: _

. 536

JouRNAL OF THE HOUSE,

By Mr. Barrow-
A resolution to make House bills Nos. 848, 850, 852, 853 and' 854 the special continuing orders for Thursday, July 30th.
The following bill was read the second time, to wit:

By Mr. Lee of Glynn-
A bill to amend an Act to authorize the commissioners of roads and rev~nues of Glynn county to ~ssue bonds.
The following- Senate bill was read the second time by unanimous consent, to wit :
By Mr. Stephens of the 1st district-
A bill to authorize judges of city courts in certain counties to appoint special bailiffs.
The foilowing message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following House bill, to wit:
A bill to provide for the collection of past due taxes to the State, counties and municipalities.
The Senate has passed, as amended, by the reqmstte constitutional majority, the following House bill, to wit:

A bill to prohibit the catching of shad or other fish with driftnets.

MoNDAY, }ULY 27, 1908.

53.7.

The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Senate bills, to wit:

A bill to require all births of children to be reported to the ordinaries of the several counties.
A bill to amend an Act to create a new charter for the city of Dublin.
A bill to quiet the title to real estate in Georgia held under foreign wills.
A bill to amend an Act to establish the city court of Quitman, in and for the county of Brooks.
The Senate has concurred in the amendment of the House to the following bill of the Senate, to wit :

A bill to amend an Act to establish the city court of Dublin.

Mr. Holder of Jackson called for the special continuing order, which is as follows, to wit:

By Mr. Holder of Jackson-

A bill to provide for the hire of the labor of certain felony convicts. for the term of five years, and for the working on the public roads of certain other convicts, and for other purposes:

The substitute proposed by the committee of the whole house was first taken up for consideration, and on motion

538

JOURNAL OF THE HOUSE,

of Mr. Holder it was ordered tnat each section be acted on

separately. Mr. Wise of Fayette then moved that the

rules be suspended and that individual speeches on any

section Qr amendment thereto be limited to five minutes,



which motion prevailed.

The following amendments to the above substitute were adoptee!, to wit :

By Mr. Blackburn-

To amend section r of substitute as amended by adding the words, "provided, that the trial judge shall have the discretion of sending any person convicted of a misdemeanor to the State farm."

The following amendment was offe-red:

By Mr. A.lexander of DeKalb--

To amend by striking all after the word "convicts" in line 21 and substituting therefor the following: "In any case where any committee of the House or Senate, or of the General Assembly, has found and reported, or shall hereafter find or report that cruelty or oppression has been practiced upon or against any convict, in or upon the work or premises of any person or corporation hiring or using the labor of convicts, at any time since the first day of April, 1899. and in any case where the facts have been brought to the attention of the Prison Commission, which, in the judgment of the members thereof, or any of them, show that such cruelty or oppression has been so practiced in or upon such work or premises within said time, the Commission shall not recehe any bid from such person or corporation under this Act, nor hire the labor of any convict to such person or corporation, unless such

MoNDAY, JuLY 27, 1908.

539o

person or corporation shall prove to the complete satisfaction of each and every member a the Commission that no officer or employee of such person or corporation was concerned in such cruelty or oppression, but that the same was practiced exclusively by some officer, agent or employee of the State, and that such officer, agent or em;ployee of the State was not then, or at any time while he was so in the service of the State receiving any pay or other compensation from such person or corporation in addition to what he was receiving from the State; or unless such person or corporation shall prove to the com. plete satisfaction of each and every member of the Commission that he or it immediately ceased to pay such extra compensation and reported such cruelty or oppression to. the Prison Commission ; and in all such cases the Prison Commission shall cause a full record of all the facts to be put upon the minutes. And if any person shall know-ingly procure and contract under this Act directly or indirectly for the use or benefit of any such person .or corporation so prohibited, or for the use or benefit of any corporation in which stock is held by any person who at the time of such cruelty or oppression, also a stockholder in any other corporation hereby disqualified as a lessee, such person so offending shall be giulty of a high misdemeanor, and the disqualified person or corporation taking any benefit under his action shall likewise be guilty of a high misdemeanor; and each and every person or corporation so offending shall, upon conviction, be fined not less than $5,000, nor more than $2o,ooo, and the natural person so convicted shall likewise be punished by imprisonment in the penitentiary for not more than one year. All fines imposed under this section shall be disposed of, onehalf as fines and forfeitures, and the other half shall go to the support of the district agricultural high schools.'..

-540

JouRNAL oF 'tH Hous,

The previous question was called and the mam question ordered.

On the adoption of the amendment Mr. Alexander called for the ayes and nays, and on taking the ballot viva -voce the vote was as follows :

Those voting in the affirmative were Messrs.-

Adams of Chatham, Eaves,

Alexander,

Edwards,

Anderson of Cobb, Ellison,

Arnold,

Gibson,

Atkinson,

Guyton,

Ballard,

Hamilton,

Berry,

Hill,

Bowen,

Hines,

Burwell,

Jones of Mitchell,

Candler,

Kendall,'

Clark,

Lively,

Cook of Chat'hoochee, Lumsden,

"cook of Telfair,

Lunsford,

Cooke of Thomas, Matthews,

Covington,

Mcintyre,

Cowan,

Massengale,

Daniel,

Mays,

Dean,

Moore,

Dickey,

Nowell,

Duggan,

Payton, Perry, Persons, Pope of Dade, Reid of Putnam, 'Rogers, Shaw, Sheffield, Smith of Calhoun, Smith of Campbell, Stubbs, Sumner, Walker of Milton. Ward, White of Screven, Williams, Wright of Floyd, Wynne, Young,

Those voting in the negative were Messrs.-

Adams of Elbert, .Adams of Wilkinson, Allen, Ashley, Austin, Barrett, Barrow, Bell, Blackburn, Bond, Boyd,

Brown of Carroll,

Davison,

Brown of Oglethorpe, Donalson,

Butler,

Dunbar,

Calbeck,

Dykes,

Callaway,

Edmondson,

Cannon,

Estes,

Collum,

. Fagan,

Couch,

Flannigan,

Crawford,

Fowler,

Culbreth,

Frier,

Davis,

Furr,

MONDAY, }ULY 27, 1908.

541

Glenn, Godley, Goode, Hall, Harris, Haywood, Heard, Holder, Hubbard, Huff, Huie, Hullender, Jackson, Johnson of Jasper, Johnson of Towns, Jones of Meriwether, Keith, Kendrick, MacFarland, McCarthy,

McMahan, McMichael, McMullan, Me Williams, Martin, Maxwell, Nix, Parrish, Peterson, Pope of Brooks, Price of Bartow, Price of Oconee, Reid of Macon, Rountree, Russell, Ryals, Slade, Stewart, Strickland,

Swilling, Taylor of Appling, Taylor of Sumter;. Terrell, Thurman, Tift, -Townsend, Tracy, Tuggle, Tyson, \Valker of Lowndes, Walker of Wash'ton, Warnell, Watkins, White of Madison, ,Whitley, Wilson, Wise, Wright of Richmond.

Those not voting were Messrs.-

Adkins, Anderson of Bulloch, Atwater, Barksdale, Buchannan, Burkhalter, Chamlee, Clifton, Crumbley, Dorminy, Flanders,

Foster,

Odum,

Fraser,

Orr,

Fullbright,

Parker,

Geer,

Powell,

Hardeman,

Reid of Wilcox,

Howard,

Simmons,

Johnson of Jeff Davis, Slater,

Lee,

Stephens,

Mercer,

Thorne,

Morris,

Trent,

Mundy,

Wootten,

The roll-call was verified, and on counting the votes. cast it was found that the ayes were 58, nays 91.
The amendment was therefore lost.
Further consideration to amendments to section I of the substitute was postponed on motion of Mr. Holder, in order that some amendment might be drawn which would be accepted by both sides of the question.

~42

JOURNAl, OF TH~ .Hous~,

Mr. Wright of Floyd proposed to amend by adding to the end of section 6 the following : "No guard shall be employed or retained who does not totally abstain from the use of intoxicating liquors as a beverage."

Before the above amendment could be voted on the :.hour of adjournment arrived.

Leave of absence was granted Messrs. Moore of Cherokee and Godley of Camden.

Speaker then announced the House adjourned until 9

-o'clock to-morrow morning.



ATLANTA, GA.,

Tuesday, July28, 1908.

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.

Mr. Rountree of Emanuel, moved to dispense with the roll call, and no quorum having voted the Speaker directed that the roll be called to ascertain if a quonun was present. Those answering to their names were as follows:

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

-Adams of Chatham, Adkins,

Adams of Elbert,

Alexander,

Adams of Wilkinson, Allen,

Anderson of Bulloch, Anderson of Cobb, Arnold,

TuSDAY, }ui.Y 28, 1908.

543

Asl:ley,

Duggan,

Lee,

Atkinson,

Dykes,

Lively,

Atwater,

Eaves,

Lumsden,

Acstin,

Edmondson,

Lunsford,

Ballard,

Edwards, .

Matthews,

Barksdale,

Ellison,

MacFarland,

Barrett,

Estes,

McCarthy,

Barrow,

Fagan,

Mcintyre,

Bell,

Flanders,

McMahan,

Berry,

Flannigan,

McMichael,

Blackburn,

Foster,

McMullan,

Bond,

'Fowler,

McWilliams,

Bowen,

Fraser,

Martin,

Boyd,

Frier,

Massengale,

Brown of Carroll, Fullbright,

Maxwell,

Brown of Oglethorp,., Furr,

Mays,

Buchannan,

Geer,

Mercer,

Burkhalter,

Gibson,

Moore,

Burwell,

Glenn,

Morris,

BuH,

Godley,

Mundy,

Cal beck,

Goode,

Nix,

Callaway,

Guyton,

Now ell,

Candler,

Hall,

Odum,

Cannon,

Hamilton,

Orr,

Chamlee,

Hardeman,

Parker,

Clark,

Harris,

Parrish,

Clifton,

Haywood,

Payton,

Collum,

Heard,

Perry,

Cook of Chat'hoochee, Hill,

Persons,

Cook of Telfair,

Hines,

Peter:son,

Cooke of Thomas, Holder,

Pope of Brooks,

Covington,

Howard,

Pope of Dade,

Couch, .

Hubbard,

Powell,

Cowan,

Huff,

Price of Bartow,

Crawford,

Huie,

Price of Oconee,

Crumbley,

Hullender,

Reid of Macon,

Culbreth,

Jackson,

Reid of Putnam,

Daniel,

Johnson of Jasper, Reid of Wilcox,

Davis,

Johnson of Jeff Davis, Rogers,

Davison,

Johnson of Towns, Rountree,

Dean,

Jones of Meriwether, Russell

Dickey,

Jones of Mitchell, Ryals,

;)onalson,

Keith,

Shaw,

Dorminy,

Kenda!J,

Sheffield,

Dunbar,

Kendrick,

Simmons,

5-:1:!

JOURNAL O:Et TH:E HOUS:E,

Slade, Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Strickland, Stubbs, Sumner, Swilling, Taylor of Appling, Taylor of Sumter, Terrell,

Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell,

Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young, Mr. Speaker.

By unanimous consent the Journal of yesterday's proceedings was dispensed with.

By unanimous consent the following resolution was read and adopted, to wit:
By Mr. Candler-

A resolution giving the commission to investigate the prison department, the authority to employ an expert accountant to examine the books of the Prison Commission, and the books of the State Farm and Reformatory at Milledgeville;

On motion of Mr. Candler the above resolution was ordered immediately transmitted to the Senate.

The following resolutions were read and referred to the Committee on Rules, to wit:

By Mr. Payton -

A resolution to fix House bill No. 362 as a special order.

545
By Mr. Huie-
A resolution to fix House bill N0. 562 as a special order.
By unanimous consent the following bills were read third time and put upon their passage, to wit:
By Messrs. Davis and Fagan-
A bill to abolish the county court of Houston 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 98, nays o.
The bill having received the requisite constitutional majority was passed.
By unanimous consent it was agreed that the last ten minutes of the session be devoted to the introduction of new matter, reading of House bills a second time, and the reading of reports of standing committees.
i
By unanimous consent the following bill was read the second time, to wit:
By Mr. Dunbar of Richmond-
A bill to authorize the railroad corporations of this State to change, re-locate and re-align and rebuild its line of road, and for other purposes.
.By Messrs. Davis and Fagan-
A bill to create the city court of Houston county.
35 hj

646

JouRNAl. oF THE HousE,

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 98, nays o.

The bill having received the requisite constitutional majority was passed.

Mr. Wright of Richmond, chairman of Committee on General Judiciary, submitted the following report:

Jfr. Speaker:

Your Committee on General Judiciary having had un der consideration the message of the Governor, dealing with the suspension of Railroad Commic;;sioner Joseph M. Brown, instructed me, as their chairman, to report same back to the House with the recommendation that no further action be taken thereon.

.'\.lso the following bill of the House with the recommendation that the same do pass as amended, to wit:

A bill to amend section 4046, Code of 1895. Respectfully submitted,
BOYKIN vVRIGHT, Chairman.

Messrs. Hall, Smith of Campbell, and Warnell, of the General Judiciary Committee, submitted the following minority report, to wit:

Mr. Speaker:

We, the undersigned members of the General Judiciary Committee of the House, submit the following minority report upon the message of the Governor giving his reasons for the removal of the Hon. J os. M. Brown as Rail-

TuESDAY, JuLY 28, 1go8.
road Commissioner, which message was by the HouSe referred to the General Judiciary Committee for examination and report. We are unable to concur in the report submitted by a majority of the committee for the reason that we do not think that the reasons assigned by the Governor for his action in suspending froni his office the Hon. Jos. M. Brown, the Railroad Commissioner, are sufficient in law to have authorized him in taking the action which he did. vVe are forced to the conclusion that the reasons given by the Governor are totally insufficient and are not such as under the law authorized him to remove the above-named officer from his office. We are compelled to find and report that in taking the action which he did he acted without authority of law. We therefore submit to the House for its approyal the following resolution :
Resolved, That the reasons assigned by the Governor in his special message to the General Assembly, for the removal of Hon. Jos. M. Brown, Railroad Commissioner, were not sufficient to have authorized him to have exercised the power conferred by the statute.
Resolved further, That the reasons assigned by the Governor are not sufficient to authorize the General Assembly to remove from his office the Hon. Jos. M. Brown.
Resolved further, That the reasons assigned by the Governor for the removal of Hon. Jos. M. Brown are not sufficient in law to justify the House of Representatives. in the impeachment of said officer.
Jos. H. HALL,
E. L. SMITH,
W. G. WARNELL.
Mr. Perry, chairman ot tne Committee on Constitutional Amendments, submitted the following report :

648

JouRNAL oF TH HousE,

Mr. Speaker:
The Committee on Amendments to the Constitution beg to report that having the same under consideration recommend with regard to the following bills, that House bill 982 (an amendment providing against future leasing of convicts or their labor), do pass by substitute.

That House bill 829 do not pass. That House bill 861 do not pass.

That House bill 897 do not pass. H. H. PERRY, Chairman.

Mr. Covington, chairman of the Committee on Rail-. roads, submitted the following report:

Mr. Speaker:
Your Committee on Railroads having had under consideration House bill No. 782, beg leave to return the same, with the recommendation that the same d<;> pass.
W. A. CoVINGTON, Chairman. July 27, 1908.

The following resolution was read and referred to the Committee on Rules, to wit:

By Mr~ Adams of Chatham-

A resolution to make House bill No. 47 a special order.

By unanimous consent the following bills were read the first time, to wit:

TuESDAY, JuLY 28, 1908.

549

By Mr. Eaves of Haralson-
A bill to fix the salary of the treasurer of Haralson county.
Referred to Counties and County Matters Committee.

By Messrs. Alexander and CandlerA bill to create a system of public schools for the town
of Lithonia.
Referred to Committee on Corporations.

the By unanimous consent House bills Nos. 982, 22 an<:!
20 were made the special order to immediately follow convict lease bill.

By unanimous consent the following bills were read the second time, to wit:

By Mr. HardemanA bill to create a system of public schools for the town
of Bartow.
By Mr. Hardeman- A hili to create a system of public schools for the town
of Spread.
The above two bills were recommitted.

By Mr. TrentA bill to create and establish the city court of Franklin.
By Messrs. Taylor and Dykes_:_ A bill to amend an Act to create a board of commis-
sioners of roads and revenues for the county of Sumter.

On motion of Mr. Kendrick of Taliaferro, House bill No. 1063 was taken from the Committee on General Ju"dtciary and rereferrtd to the Commitrt:ee on General Agri-
culture.
The following petition from the Federation of Labor 'Of Georgia was read, to wit:
To the Honorable House of Representatives:
We the Federation of Labor of Georgia, respectfully petition your honorable body to abolish the lease system. We heartily favor the enforcement of law and the maintenance of order, but we believe the administration of penal laws through the leasing of convicts to private parties is fundamentally wrong, and is necessarily accompanied by abitses which should be eliminated.
Vve respectfully suggest that the convicts of the State
might be put upon the public roads without producing unfair competition with any one, and with the result of diminishing the cost of transportation to every farmer in the State. and rendering accessible to those living in con gested cities the quieter and more healthful rural homes.
We have an abiding confidence that this Legislature," representing the people of this State, and reflecting their judgment and conscience will abolish the present method of leasing convicts, and as the representatives of the workmen, we add our petition to the others received.
Respectfully submitted. JEROME JoNES,
Chairman Legislative Committee. Vif. M. GREDIG, Vice-Chairman. A .. L. HEADINGTON, Legislative Committee. B. LEE SMITH, President. W. C. PUCKETT,
Secretary-Treasurer Georgia Federation of Labor.

TuESDAY, JuLY 28, rgo8.

551

The following petition from the Atlanta Federation of Trades was read :

To the Honorable House of Representatives of Georgia:

\Ve, the Atlanta Federation of Trades, respectfully pe-

tition you to assist in the abolishment of the lease system.

We heartily favor the enforcement of law and the main-

tenance of order, but we believe the administration of

penal laws through the leasing of convicts to private par-

ties is fundamentally wrong and is necessarily .accom-

panied by abuses which should be eliminated.

We respectfully suggest that the convicts of tht State

might be put upon the public roads without producing

unfair competition with any one, and with the result of

diminishing the cost of transportation to every farmer in

the State, and rendering accessible to those ~iving in con-

gested cities the quieter and more healthful rural homes.

Vve have an abiding confidence that this Legislature,

representing the people of this State, and reflecting their

judgment and conscience, will abolish the present method

of leasing convicts, and as the representatives of the work-

men, we add our petition to the others received.

Respectfully submitted.

-

ARTHUR ARDERY, President. WADE P. HARDING, Secretary. WADE P. HARDING, Chairman. A. F. McCABE. PAT. MuRREY.

The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following House bill, to wit:

552

JOURNAL OF THE HOUS!t,

A bill to incorporate the city of Blue Ridge in the county of Fannin.
The Senate has passed, as amended, by the requisite constitutional majority, the following House bill, to wit:
A bill to amend the charter of the city of Rome.
The Senate has passed by the requisite constitutional majority the following bill of the Senate, to wit:

A bill to repeal an Act to provide for the change of county lines lying within the limits of incorporated towns and cities.

::\1r. Holder called for the special order which was under considera"tion when the House adjourned on yesterday, to wit:

By :Mr. Holder of Jackson-
A bill to provide for the hire of the labor of certain felony convicts for a t~rm of five years; to provide for the working of certain other convicts on the public roads, and for other purposes.

The substitute offered by the committee of the whole \Yas again taken up and considered by sections.

The following amendments were offered, to wit :

By Messrs. McFarland and Perry-
To amend section IO by striking out the words at the end, "to be disposed of as the law directs for the hire of misdemeanor convicts," and substituting. the words, "to be placed in the county treasury after paying any costs

TuESDAY, JuLY 28, 1908.

due the officers of the court in the particular cases only in which the hire arises."

The previous question was called and the mam question ordered.
On the. adoption of the ~hove amendment 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 of \Vilkinson, Adkins, Alexander, Anderson of Cobb, Atkinson, Ballard, Berry, Bond, Buchannon, Burwell, Candler, Clark, Clifton, Cooke of Thomas, Covington, Couch, Cowan, Crawfcrd. Daniel, Davis, Dean, Dickey,
D3n'll~on,
Dormir:y, Dugg-<Ln, Edwards,
Este~,
Fagan, Flanders, Flannigan, Foster,

Fowler, Frier, Fullbright, Furr, Gibson, Glenn, Goode, Hall, Harris, Haywood, Hill, Hubbard, Huie, Hullender, Jackson, Kendall, Kendrick, Lee, Lively, Lumsden, Lunsford, Matthews, MacFarland, Mcintyre, McMahan, McMichael, McMullan, Massengale, Maxwell, Mays, Morris,

Mundy, Parker, Payton, Perry, Peterson,. Pope of Brooks, Pope of Dade, Powell, Price of Bartow, Price of Oconee, Reid of Putnam, Reid of Wilcox, Rogers, Rountree, Ryals, Shaw, Smith of Campbell,. Stephens, Strickland, Stubbs, Sumner, Swilling, Taylor of Appling, Terrell, Thurman, Tracy, Trent, Tyson, Walker of Milton, Walker of Wash'ton,.. Watkins,

JouRNAL OF THE HoUSE,

White of Madison, Whlte of Screven, Whitley,

Williams, Wilson, Wootten,

Wright of Floyd. Wynne, Young,

Those voting in the negative were Messrs.-

Adams of Chatham, Dunbar,

Adams of Elbert,

Dykes,

Allen,

Eaves,

Arnold,

Edmondson,

Ashley,

Geer,

Barksdale,

Guyton,

Barrett,

Hamilton,

Barrow,

Hardeman

Bell,

Heard,

Blackburn,

Hines,

Boyd,

Holder,

Brown of Carroll, Huff,

Brown of Oglethorpe, Johnson of Jasper,

Buu,

Johnson of Towns,

Calbeck,

Jones of Meriwether

Callaway,

McCarthy,

Chamlee,

McWilliams,

Crumbley,

Nix,

Davison,

Nowell,

Orr, Parrish, Persons, Reid of Macon, Russell, Slade, Smith of Calboun, Stewart, Taylor of Sumter. Thorne, Tift, Townsend, Tuggle, \Valker of Lown<les, Ward, Warnell, Wise, Wright of Ric:1mond.

Those not Yoting were Messrs.-

Anderson of Bulloch, Culbreth,

Martin,

Atwater,

Ellison,

Mercer,

Austin,

Fraser,

Moore,

Bowen,

Godley,

Odum,

Burkhalter,

Howard,

Sheffield,

Cannon,

Johnson of Jeff Davis, Simmons,

Collum,

Jones of Mitchell,

Slater,

Cook of Chat'hoochee, Keith,

Mr. Speaker.

Cook of Telfair,

The roll-call was verified, and on counting the votes
cast it was found that the ayes were I02, nays s6.
The amendment was therefore adopted.

Tu~nAY, Ju:r,.v 28, Igo8.

5!)5

.By Messrs. Dean and Flanders--

To amend section I I by adding at the end thereof the iollowing words: "Provided, that whipping or similar corporal punishment shall not be inflicted upon any convict."

The previous question was called and the mam question ordered.

On the adoption of the above amendment 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, Anderson of Cobb, "Barrett, "Barrow, Bell, Berry, Bond, 'Bowen, Buchannon, Chamlee, Cooke of Tho'l!as, Covington, Cowan, Dean, Tiickey, 'Dorminy, Duggan, Dykes, 'Eaves,

Edwards, Estes, Flanders, Fullbright, Geer, Gibson, Glenn, Hamilton, Huff, Hullender, Johnson of Towns, Kendall, Lee, Lunsford, McCarthy, Mcintyre, McMahan, McMullan,

Massengale, Parrish, Payton, Perry, Pope of Dade, Smith of Campbell, Stephens, Stubbs, Terrell, Thurman, Trent, Walker of Milton, White of Screven, Williams, Wilson, Wright of Floyd, Wright of Richmond, Wynne,

Those voting in the negati;,e were Messrs.-

.Adams of Chatham, Adams of Elbert, -Adams of Wilkinson. .Adkins,

Allen, Anderson of Bulloch, Arnold, Ashley,

Atkinson, Ballard, Barksdale, Blackburn,

556

JouRNAL oF TH Hous,

Boyd, Brown of Carroll, Brown of Oglet~orpe, Butt, Cal beck, Callaway, Candler, Clark, Clifton, Couch, Crawford, Culbreth, Daniel, Davison, uonalson, Edmondson, Fagan, Flannigan, Foster, Fowler, Fraser, Frier, Furr, Goode, Guyton, Hall, Hardeman, Harris,

Haywood, Hill, Holder, Huie, Jackson, Johnson of Jasper, Jones of Meriwether Keith, Kendrick, Lively, Lumsden, Matthews, MacFarland, McMichael, McWilliams, Maxwell, ;\fundy,
Ni~.
Nowell, Orr, Parker, Persons, Peterson, Pope of Brooks, Powell, Price of Bartow, Price of Oconee, Reid of Macon,

Reid of Putnam, Reid of Wilcox, Rogers, Rountree, Russell, Ryals, Slade, Stewart, Strickland, Sumner, Swilling, Taylor of Appling, Taylor of Sumter, Thorne, Tift, Townsend, Tuggle, Tyson, Walker of Lowndes, Walker of Wash'ton,. Ward, Warnell, Watkins, White of Madison, Whitley, Wise, Wootten, Young,

Those not voting were Messrs.-

Atwater,

Ellison,

Moore,

Austin,

Godley,

Morris,

Burkhalter,

Heard,

Odum,

Burwell,

Hines,

Shaw,

Cannon,

Howard,

Sheffield,

Collum,

Hubbard,

Simmons,

Cook of Chat'hoochee, Johnson of Jeff Davis, Slater,

Cook of Telfair,

Jones of l\1Jtchell,

Smith of Calhoun,

Crpmbley,

Martin,

Tracy,

Davis,

Mays,

Mr.. Speaker.

Dunbar,

Mercer,

On motion of Mr. Huff of Lumpkin the verification of the roll-call was dispensed with.

TuESDAY, JuLY 28, 1908.

557

On the adoption of the amendment the ayes were 55, nays 96.
The amendment was therefore lost.

Mr. Wright of Floyd proposed to a!llend section 14 by striking the words "December 1, 1911 ," and inserting iu lieu thereof the words "March 31, 191 1."
Before the above amendment could be disposed of the hour for the special order arrived and tlie following bills were read the first time, to wit :.

By Mr. Price of Bartow-
A resolution to pay Chas. Goode, of Bartow county, $so.oo.
Referred to Committee on Appropriations.

By Mr. AdamsA bill to allow certain cities to maihtain farms for crim-
inals. Referred to Special Judiciary Committee. The following bills were read the second time, to wit:

By Mr. Pope of BrooksA bill to regc1la:te logcarts, traction engines, etc., run-
ni~g on the public roads and bridges of Brooks county.

By Mr. Eaves-
A bill to incorporate the Waco school district in Haralson county.

558

JouRNAr. ol? TH~ HouSJt,

By Mr. McMahanA bill to amend section 940, volume 1 of the Code.

By Mr. PaytonA bill to ame11d section 4046 of the Code, volume 2.
By Mr. Ward of CoffeeA bill to amend an Act entitled an Act to amend an Act
to establish the city court of Douglas.

By Mr. Tyson-
A bill to prescribe the manner in which real estate belonging to the county of Emanuel shall be sold.

By Mr. Rogers of Randolph-
A bill to amend an Act to create a board of commissioners of roads and revenues for Randolph county.
By unanimous consent the following resolutions were read and referred to the Committee on Rules, to wit:

By Mr. MundyA resolution to make House bill No. 37 a special order.
By Mr. McWilliams-

A resolution to make House bill No. 976 a special order. By Mr. Buchannon-

A bill to amend an Act to create the city court of Blakely.

TuEsDAY, JuLY 28, Ig<>8.
By Mr. Orr-
A bill to create the city court of Newnan.
By Mr. 'Wynne-
A bill to amend an Act to create the county court of Pulaski county.
By Messrs. \Valker and Ashley-
A bill to amend an Act to incorporate the city of Valdosta.
Mr. Davison, acting chairman of the Committee on Counties and County ::\Iatters, submitted the following_ report:_
Mr. Speaker:
Your Committee on Counties and County Matters has: had under consideration House bills Nos. 969, ro59 and 1049, and instructs me as their chairman to report the: same with recommendation they do pass.
R. E. DAVISON, Acting Chairman..
Mr. Blackburn, chairn1an of the Special Judiciary Committee, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following House bills, and as its chair-
man I am directed to report the same back with t~e rec-
ommendation as follows, to wit:

-060

JouRNAL oF THE Hous:e,

House bill No. 1000, entitled an Act to amend an Act creating a new charter for the city of Atlanta, and for -other purposes.

Do pass.

House bill 1024, an Act to amend the charter of College Park, Fulton county.

Do pass.
House bill 1025, entitled an Act to amend an Act cre:ating charter for College Park, Fulton county.
Do pass.

House bill 1023, entitled an Act creating charter for. 'College Park, Fulton county.
Do pass.

Also House bill 1053, entitled an Act incorporating the city of Valdosta.
Do pass.

House Bill No. 926, entitled an Act to amend the couniy court Act so far as applies to Pulaski county.
Do pass.

House bill 1069, entitled an Act to amend Act establishing city court of Blakely, in Early county.
Do pass.

House bill 1012, entitled an Act to establish city court of Waynesboro.
Do pass.

WEDNESDAY, JuLY 29, 1908.

561

House bill No. 997, entitled an Act to establish the city
~otrrt of Newna.n, :and for other purposes.

Do pass.

All of which is respectfully reported.

July 28, 19QS.

R. B. BLACKBURN, Chairman.

Leave of absence was granted Messrs. Simmons and Burkhalter.

Mr. Ryals then moved to adjourn, which motion prevailed, and the Speaker announced the House adjourned until 9 o'clock to-morrow morning.

ATLANTA, GA.,
\i\f~dnesday, July 29, 1908.
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.
By unanimous consent the call of the roll and the reading of the Journal of yesterday's proceedings was dispensed with.
By unanimous consent the following Senate bill was read the first time, to wit :
By Mr. Felder of 22d district-
A bill to quiet the title to real estate held under foreign wills.
36 hj

562

JouRNAL ol" TH:g Hous:g,

Referred to General Judiciary Committee.
By unanimous consent the following bills were read the third time and put upon 1Jheir passage, to wit:
By Mr. Eaves of HaralsonA bill to incorporate the Waco school district.
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 100, nays o.
The Dill having received the requisite constitutional majority was passed.
By Mr. Davison of Greene-
A resolution for the relief of J. W. Turner, of Greene county.
Mr. Wise propos~d to amend by striking the words "from any funds in the hands of the county treasurer," and insert "from fines and forfeitures fund."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution the ayes were 101,. nays o.
The resolution having received the requisite constitutional majority was passed as amended.
By Mr. Lee of Glynn-
A bill to authorize the commissioners of roads and revenues of Glynn county to issue bonds.

\VEDNESDAY, }ULY 29, 1908.

563

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 100, nays o.
The bill having received the requisite constitutional majority was passed.
By Mr. Trent of Heard-
A bill to create the city court of Franklin.
Mr. Trent proposed to amend by striking the words "$6oo" in line 33, section 12, and insert "$soo."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 101, nays o.
The bill having received the requisite constitutional majority was passed as amended.

By Mr. Hardeman-

A bill to create a system of public schools for the town . of Spread.

The committee proposed to amend by striking all the words beginning with the word "all" in section 7, line 9, and ending with word "necessary," in line 13.

The report of the committee, which was favorable to the passage of the bill as amender!. w~s agreed to.

On the passage of the bill'the ayes were 102, nays o.

The ;bin ,having received the requisite constitutional majority was passed. By Mr. Punbright~
A tbill to amend an Act to create the city court of Waynesboro.
Mr. Fullbright proposed to amend 1by striking the words "third Monday" in last line of section 1 and inserting "fourth Monday."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill the ayes were 101, nays o.
The bill having received the requisite constitutional majority was passed as amended.
By Mr. Gibson of Glascock-
A bill to change the time of holding the superior court of Glascock 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 109, nays o.
The bill having received the requisite constitutional majority was passed.
By Mr. Wynne of Pulaski-
A bill to amend an Act to create the county court of Pulaski county.

\iVEDNESDAY, JuLY 29, 1908.

565

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 105, nays o.

The bill having received the requisite constitutional majority was passed.
By Messrs. Taylor and Dykes of Sumter-
A bill to amend an Act to create a board of commissioners of roads and revenues for the county of Sumter.

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 107, nays o.

The bill having received the requisite constitutional majority was passed.

. By Mr. Hardeman of Jefferson-

A bill to create a system of public schools for the town of Bartow.

The committee proposed to amend by adding a caption to the beginning of bill.

Also, to amend by striking from section 7, line g, all after the word "town," and including the word "necessary" in line 14.

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

On the passage of the bill the ayes were IOI, nays o.

566

JOURNAL OF THE HouSE,

The bill having received the requisite constitutional majority was passed as amended.

By unanimous consent the following bills were read the first time, to wit :

By Messrs. Heard and Adkins-

A bill to amend an Act to increase the membership of the Railroad Commission.

Referred to Committee on Railroads.

By Mr. Mundy-

A resolution directing the Attorney-General to recover salaries of wardens, deputy wardens, etc.

Lay on table one day.

The following bill was read the second time and recommitted, to wit:

By Mr. Blackburn-
A bill to provide that the registration lists in primary elections in certain counties shall close thirty days before
~lection.

The following resolution was read and referred to the Committee on Rules, to wit:

By Mr. Townsend and others-
A resolution to fix House bills Nos. ro35 and 1040 special orders.

Mr. McMichael, chairman of the Committee on Education, submitted the following report: .

567
Mr. Speaker:
Your Committee on Education has had under consideration the following House bills, and instructs me as its chairman to report them as follows, to wit :
House bill No. 1062, do pass as amended.
House bill No. 1071 do pass as amended.
House bill No. 1090 do not pass. Respectfully submitted.
E. H. McMICHAEL, Chairman.
The following message was received from the Senate through Mr. Northen, Secretary thereof:
Mr. Speaker: The Senate has concurred in the following resolution of
the House, to wit:
A resolution authorizing the joint committee on investigation of the convict lease system to employ an expert accountant.
The Senate has concurred in the amendment of the House to the Senate amendment to the following House bill, to wit:
A bill to create a new charter for the city of Eatonton.
The undersigned members of the Committee on Penitentiary submitted the following report :
Mr. Speaker: We, the undersigned members of the committee of the

568

JouRNAL oF THE HousE,

whole house, beg leave to submit this, a minority report on House bill No. 346, known as the convict bill :
\Ve dissent from the majority report of said committee in its recommendation that the bill do pass by substitute for the reason that said substitute seeks to continue the "lease system," which we deem unwise.
Respectfully submitted.
L.A. DEAN,
SEABORN WRIGHT~ W. A. CoviNGTON, HooPER ALEXANDER~
c. M. CANDLER,
W. H. BURWELL,
A. P. ADAMS, R. N. HARDEMAN' L. R. MASSENGALE,
H. H. PERRY.

On motion of Mr. Holder the continuing special order was again taken up, to wit:
By Mr. Holder-

A bill to provide for the hire of the labor of certain felony convicts for a period of five years, and to provide for working other convicts on public roads.

Mr. Barrett of Stephens moved to amend the substitute

as follows:

l 1 i~i!

To amend section I 5 by adding at the end thereof the following: "Provided, however, that the county authorities of the counties which do not use their convicts may take the profits derived from the labor of such .convicts,

WEDNESDAY, }ULY 29, Igo8.

569'

and under their own plan apply the same exclusively to the roads of the county.

The above amendment was adopted.
Mr. wright of Floyd moved to reconsider the action of the House in adopting the above amendment, which mo.tion prevailed.

The amendment was again voted on and lost. The following amendments were adopted, to wit: By Mr. Blackburn-

To amend section I of substitute by adding at the end . thereof the following: "Provided, that the trial judge shall have the discretion of sending any person convicted of a misdemeanor to the State farm."

By Mr. Holder of Jackson-
To amend section 2 by inserting m line 6, between words "years" and "those," the words "except that lease
beginning April I, Igii, may pe made to December I,
I9II."

By Mr. Whitley-
To amend section 3, line 23, by adding after word "and" and before word "following" "have been so found."

By Mr. Thurman-
To amend by adding to section 3 the following: "Nor shall any convict be required to do underground work in any coal or iron mine of this State."

-570

JouRNAL oF TH Hous,

By Mr. Smith of Campbell-

To amend by. adding between lines 5 and 6 the words "'and no other amount from any source."

By Mr. Huff of Lumpkin-

To amend by adding after word "month" in line 7, section 6, the words, "provided, that no person under the age of 21 years of age and who does not furnish a certificate signed by three reputable citizens of this county, giving testimony of his good moral character, shall be employed as such warden, guard, or other employee, and any of such employees who shall make a false statement as to his age in order to procure such employment, or wlio shall forge, publish or falsify any certificate of his good moral character mentioned above shall be guilty of a felony and shall be punished by confinement and labor in the penitentiary not less than one nor more than three years, in the dis.cretion of the trial judge."

By l\fr. McMichael-

To amend section 6, line 8, by striking words "and a year" and substituting "once every three months unawares to the authorities."

By Mr. J.Nright of Floyd-
To amend section 6 by adding at end, "no guard, or warden, or deputy warden shall be employed or retained who does not totally abstain from the use of intoxicating liquors as a beverage, and no warden, deputy warden or guard shall be appointed who does not furnish a certificate from the ordinary of the county in which he resides that he is in his judgment a humane, sober and honest man."

571
By Mr. Hall of Bibb-
To amend by striking all of section 7
By Messrs. Dean and Flanders-
To amend section I I by adding after words "all convicts" in line I, "whether sentence for felony or misdemeanor crimes."
Also to amend section I I by adding "discipline" after "''management" in line 3
"By Messrs. Dean and Flanders-
To amend by striking all of section I 2 and number remaining sections accordingly.
J3y Mr. McMullan-
To amend section I3 by adding the words, "any waruen, d~puty warden, guard or other prison official who shall cause any convict to do any work on Sunday, except works of necessity, shall be guilty of a misdemeanor and punished as provided in section 1039 of the Penal Code."
Bv Mr. Holder-
To amend section I4 by striking all after word "enacted" in line to words "Prison Commission" in line 3 and inserting after word "corporations" in line 4 the "words, "upon any contract to extend beyond December
.JI, I9II."
By Mr. Holder-
To amend by striking word "felony" wherever it occurs in section I4.

Q72

JouRNAL oF THE Hous:~t,

By Mr. White of Screven-

By adding a new section before repealing clause, to wit::

"No person, county or corporation to whom convicts may be hired or leased under said bill shall be allowed to" work any convict longer than ten hours during any day."

The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.
On passage of the bill the ayes and nays ~ere ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Adams of Elbert,

Edmondson,

Adams of Wilkinson Ellison,

Adkins,

Fagan,

Anderson of Bulloch, Flanders,

Arnold,

Foster,

Ashley,

Fowler,

Atkinson,

Fraser,

Austin,

Furr,

Barksdale,

Gibson,

Bond,

Goode,

Brown of Carroll,

Guyton,

Brown of Oglethorpe, Hall,

Butt,

Hamilton,

Cal beck,

Harris,

Callaway,

Haywood,

Clifton,

Heard,

Collum,

Holder,

Couch,

Howard,

Culbreth,

Hubbard,

Davis,

Huie,

Davison,

Hullender,

Don'!!~c-n,

Johnson of Jasper,

Dorminy,

Johnson of Towns,

Dunbar,

Jones of Meriwether

Dykes,

Keith,

Kendrick, Lee, Lumsden, Lunsford, Matthews, MacFarland, McMahan, McMichael, McMullan, McWilliams, Maxwell, Moore, Nix, Nowell, Orr, Parker, Parrish, Persons, Peterson, Pope of Brooks, Pope of Dade, Powell, Price of Bartow, Price of Oconee, Reid of Macon,

573

.Roulltree,
:Russell. Ryals,
Slade. .Slater, Smith of Campbell, Stephens,
Stewart.
Strickland, Sumner, Swilling,

Taylor 'Of Aptlling, Walker 61 Wasn'ton,

Taylor 0f Sumter~

Wata,

Terrell,

Warnell,

Thorne,

Watkins,

Thurman,

White of Madison,

Tift,

Whitley,

Tracy,

Williams,

Trent, Tuggle,

Wilson,
. w~.

Tyson,

Wootten,

Walker of Lowndes, Wright of Richmond.

Those voting in the negative were Messrs.-

Adams of Chatham, Daniel,

Alexander,

Dean,

Anderson of Cobb, Dickey,

Ballard,

Duggan,

Barrett,

F. aves,

Barrow,

Edwards,

Bell,

Estes,

Berry,

Frier,

Blackburn,

Fullbright,

Bowen,

Geer,

Boyd,

Glenn,

Buchannon,

Hardeman,

Burwell,

Hill,

Candler,

Hines,

Chamlee.

Huff,

'Clark,

Jackson,

Cook of Chat'hoochee, Jones of Mitchell,

Cooke o.f Thomas. Kendall,

Covington,

Lively,

-Cowan,

McCarthy, Mcintyre, Massengale, Mays; Mercer, Mundy, Payton, Perry, Reid of Putnam, Rogers, Shaw, Sheffield, Smith of Calhoun, Stubbs, Walker of Milton, White of Screven, Wright of Floyd, Wynne, Young,

Those not voting were Messrs.-

Allen, Atwater, Burkhalter, Cannon, Cook of Telfair, Crawford,

Crumbley,

Odum,

Flannigan,

Reid of Wilcox,

Godley,

Simmons,

Johnson of Jeff Davis, Townsend,

Martin,

Mr. Speaker.

Morris,

674

JouRNAL o:r TH~ HouSJC,

The roll-call was verified, and on counting the votes cast it was found that the ayes were 108, nays 58.
The bill having received the requisite constitutional majority was passed by substitute as amended.
Leave of absence was granted Mr. Flannigan and the Committee on State Sanitarium.
The Speaker then announced the House adjourned until9 o'clock to-morrow morning.

ATLANTA} GA.}
Thursday, July 30, 1908.
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.
By unanimous consent the call of the roll and the reading of the Journal of yesterday's proceedings was dispensed with.
On motion of Mr. Perry, Senate bill No. 63 was taken from the table and recommitted to the Committee on Constitutional Amendments.
By unanimous consent the following bills were read the first time, to wit :
By Mr. Johnson of JasperA resolution to pay a pension to Mrs. Alice Jones.
Referred to Committee on Pensions.

THURSDAY, JULY 30, lg<>8.

575-

By Mr. Payton-

A bill to make it unlawful to procure board and lodging with intent to defraud.

Referred to Special Judiciary Committee. By Mr. Wise of Fayette-

A bill to amend an Act to levy and collect a tax for support of State government for 1908 and- 1909.

Referred to Committee on Ways and Means.

By Mr. Huie-

A bill to amend an Act to amend the charter of Jones-

bora.

-

Referred to Committee on Corporations.

By Mr. Clifton-
A bill to repeal an Act to incorporate the town of Ohoopee.

Referred to Committee on Corporations.

By Mr. Cowan-
A bill to provide for removal of obstructions from the streams of Rockdale county.

Referred to Counties and County Matters Committee.

By Messrs. Tuggle and Young-
A bill to authorize the town of West Point to close Bridge street.

Referred to Special Judiciary Committee.

.576

JoURNAL OF THE HOUSE,

By Messrs. Young and Tuggle-

A bill to authorize West Point to grant the privilege to the A. and W. P. and the W. and A. Railroad to use a certain part of Bridge street.
Referred to Special Judiciary Committee.
By unanimous consent the following bill was read the third time and put ttpon its passage, to wit:

By Mr. Whitley-

A bill to establish and organize a sanitarium for the treatment of tuberculosis, and for other purposes.

The following amendments were adopted, to wit:

By Mr. Whitley-

To amend by adding to last section before repealing clause the following:

"Provided, that the $25,000 appropriated shall be made :available yearly as follows : One thousand dollars for year 1908, $12,000 for the year 1909, and $12,000 for the year 1910."
By Mr. Dunbar-
To amend by striking that part of section 8 beginning with the words "and the sum of" in line 5 and to the end of said paragraph.

An appropriation being involved, the Speaker resolved the House into a committee of the whole and designated .as chairman Mr. Alexander of DeKalb.

After a consideration of the bill the committee arose

THURSDAY, }ULY 30, 1908.

577

and reported the same back to the House with the recommendation that it do pass as amended.

The favorable report of the committee 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 follows:

Those voting in the affirmative were Messrs.-

Adams of Elbert,

Davison,

Adams of Wilkinson, Dean,

Adkins,

Donalson,

Anderson of Bulloch, Dorminy,

Anderson of Cobb, Dunbar,

Arnold,

Duggan,

Atkinson,

Dykes,

Austin,

Eaves,

Ballard,

Edmondson,

Barksdale,

Edwards,

Barrett,

Ellison,

Barrow,

Estes,

Bell,

Flanders,

Blackburn,

Foster,

Bond,

Fowler,

Bowen,

Fraser,

Brown of Carroll,

Frier,

Brown of Oglethorpe. Geer,

Buchan non,

Gibson,

Burwell,

Glenn,

Butt,

Goode,

Cal beck,

Guyton,

Callaway,

Hamilton,

Cannon,

Hardeman,

Chamlee,

Harris,

Collum,

Haywood,

Cook of Chat'hoochee, Heard,

Covington,

Hill,

Couch,

Hines,

Crawford,

Holder,

Culbreth,

Hubbard,

Daniel,

Huff,

37 hj

Huie, Hullender, Jackson, Johnson of Jasper, Johnson of Jeff Davis, Johnson of Towns, Jones of Mitchell, Kendall, Kendrick, Lee, Lively, Lumsden, Lunsford, Matthews, McCarthy, Mcintyre, McMahan, McMullan, McWilliams, Martin, Massengale, Maxwell, Mays, Moore, Morris, Mundy, Orr, Parker, Parrish, Payton, Perry, Persons,

Peterson, Pope of Brooks, Pope of Dade, Powell, Price of Oconee, Reid of Macon, :Reid of Putnam, Reid of Wilcox, Rogers, Rountree, Russell, Ryals, 'Shaw, Slade, Slater,

Jou~NAL ott TH Hous,

,( 'J

Smith of Calhoun, Walker of Lowndes,

Smi* of Cat\1pbell, Walker of Milton,

Stephe~s. - -

W ai~er of Wash't~ri,

Stubbs,"

Warnell,

Sumner,

Watkins,

Swilling,

White of Madison,

Taylor of Appling, White of Screven,

Taylor of Sumter, Whitley,

Thorne, .

Williams,

Tift,

Wilson,

Townsend,

Wootten,

Tracy,

Wright of Floyd,

Trent,

Wright of Richmond,

Tuggle,

~Wynne,

Tyson,

Young,

Those voting in the negative w:ere Messrs.-

Alexander, Berry, Candler, Cooke of Thomas, Cowan,

Hall, Howard, Jones of Meriwether, Keith, MacFarland,

Stewart, Strickland, Thurman, Wise,

Those not voting were Messrs.-

:\dams of Chatham, Allen, -Ashley, Atwater, Boyd,
Burkhalter, Clark, Clifton, Cook of Telfair, Crumbley,

Davis, Dickey, Fagan, Flannigan, Fullbright, Furr, Godley, McMichael, Mercer,

Nix, Nowell, Odum, Price of Bartow, Sheffield, Simmons, Terrell, Ward, Mr. Speaker.

By unanimous consent the verification of the roll-call was dispensed with.

On counting the votes cast it was found that the ayes were 141, nays 14.

THURSDAY, JuLY 30, 1908.

579

The bill having received the requisite constitutional majority was passed as amended.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has adopted the following resolution in which the concurrence of the House is respectfully asked, to wit:
A resolution providing for a joint session of the Senate and House of Representatives on August 7, 1908, at 12 <>'clock, m., for purpo3e of hearing addresses on life and character of the late Hon. John W. Akin, Senator from the 1 2d district.
The Senate has p::tssed by substitute, by the requisite constitutional majm ity, the following House bill, to wit:
A bill to require all railway companies to equip locomotives with electric headlights.

By unanimous consent the following Senate resolution was read and unanimously concurred in:
By Mr. Felder of the 22d district-
A resolution providing for a joint session for August 7, 1908, at 12 o'clock, m., for the purpose of hearing ad-
dresses on the life and character of Hon. John vV. Akin,
late President of the Senate, deceased.

By unanimous consent House bill No. 976 was set as a special order for Monday morning immediately after the reading of the Journal.

580

JouRNAl. ol" TH:t<: Hous:.:;:,

Mr. Hines asked unanimous consent that the following members be added to the State Sanitarium Committee, which was granted to wit: Messrs. Matthews of Laurens, White of Madison, Wynne.
Mr. Fraser of Liberty asked unanimous consent that inasmuch as a great many members were absent on committee work, that the "game and fish" bill be postponed and made the special order for Monday next, which was granted.
Mr. Parker, 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:
AI} Act to amend an Act to incorporate the town of Cordele, in the county of Crisp, and for other purposes.

An Act to incorporate the town of Woodland, in the county of Talbot, and to grant certain powers and privileges to said town, and for other purposes;
An Act to amend an Act creating a new charter for the city of Douglas, approved December 20, 1899, and for other purposes.
An Act to create and incorporate the city of Warrenton,. in lieu of the town of Warrenton, and for other purposes.

An Act to amend an Act creating a board of commissioners of roads and revenues for the county of Dodge,. and for other purposes.

THURSDAY, ]ULY 30, 1908.

581

An Act 'to amend the charter of Midville, so as to authorize the mayor and council to levy a tax for the ordinary current expenses of town.

An Act to appropriate fifteen thousand dollars to equip and repair the buildings on the campus of the Georgia
. Normal and Industrial College at Milledgeville. An Act to incorporate the town of Riverdale, m the county of Clayton, and for other purposes.
An Act to repeal an Act incorporating and creating a charter for the town of Fairmount, in the countv of Gordon.
An Act to establish, maintain and operate a system of public schools in Hartwell, Hart county.
The Committee on Enrollment have also examined and report as properly enrolled, duly sigrred and ready for delivery to the Governor the following resolution, to wit:

A resolution to authorize the joint committee to investigate the administration of the prison department, to employ an expert accountant.

On motion of Mr. Alexander, the following bills which were fixed as a special order to folio~ the Holder conviCt bill were read a third time and put upon their passage, to wit:

By Messrs. Alexander, Burwell, Candler, Covington and Wright of Floyd-

A bill to amend the Constitution of this State by adding a new article which shall prohibit the farming out of convicts, and for other purposes.

582

JoURNAL oF THE Hous:e,

The committee proposed the following substitute, to wit:

"A bill to be entitled an Act to propose to the people of Georgia an amendment to" the Constitution of said State to be know.n as article q, to prevent the farming out of convicts or their labor after the year 19II, and to require that the net hire of any conYicts hired by the Stat~ from the first day of January, 1909, shall be accumulated as a fund for taking charge of the convicts.

"Section 1. Be it enacted by the General Assembly That there shall be proposed and is hereby proposed to the people of Georgia that the Constitution of said State be amended by adding thereto the following article, to be known as Artide 14, to wit: 'Article 14. The prevention and punishment of crime and the restraint and control of qiminals is a funclan'lental duty of the State, and no department of the government of Georgia or subdivision thereof shall have the power to hire out or lease any convict, or the labor thereof, to any private person or corporation by any contract to extend beyond the 31st day of December, 1911. If any convicts are hired by the authority of the State after the adoption of this amendment, all the net hire arising therefrom, as well as all other net hire after the first clay of January, 1909, is hereby set apart as a fund to be used solely for the purpose of caring, managing and controling the convicts of the State, and purchasing and improving property needful therefor. Its use for any other purpose whatsoever is hereby prohibited.
"Sec. 2. Be it further enacted by the General Assembly aforesaid, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their Jour-

THURSDAY, }ULY 30, 1908.

583.

nals, with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in one or more newspapers in each Congressional district for two months. previous to the time of holding the next general election.
"Sec. 3 Be it further enacted by the General Assembly aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at said next general election to be held after publication, as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to v-ote for the members of the General Assembly. All persons at said election in favor of adopting said a,;1endment to the Constitution shall have written or printed on their ballots the words, "For amendment of Constitution abolishing th.e leasing of convicts," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against amendment of Constitution abolishing the leasing of convicts."
"Sec. 4 Be it further enacted by the General Assembly aforesaid, That the Governor be, and he is, hereby authorized and directed to provide for the_submission of the amendment proposed in this Act to a vote of the people as required by the Constitution of this State in paraagraph I, section I, article I 3, and if ratified the Governor shall, when ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of election for members of the General Assembly, to count and ascertain the result, issue his proclamation for one insertion in one of the daily papers of this. State, announcing such result and declaring the amendment ratified.

584

JouRNAl, oF TH Hous,

"Sec. S Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed."

Mr. Smith of Campbell proposed to amend the above substitute by striking from section I, article I 4 all the words occurring after "December 3 I, I9I 1."

Also to amend caption by striking all words after "'I9I I" in line 4

The above amendments were adopted.

The report. of the committee. which was fa,orable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill the ayes and nays were ordered, which was as follows :

Those voting in the affirmative were 1v1essrs.-

Adams of Chatham, Adams of Elbert, Adkins, Alexander, Anderson of Bulloch, Anderson of Cobb, Arnold, Ashley, Atkinson, Austin, Ballard, Barksdale, Barrett, Barrow, Bell, Blackburn, Bond, Bowen, Boyd,

Brown of Carroll,

Daniel,

Brown of Oglethorpe. Davis,

Buchannan,

Davison,

Burwell,

Dean,

Butt,

Dorminy,

Cal beck,

Dunbar,

Callaway,

Dugg<-'1,

Candler,

Dykes,

Cannon,

Eaves,

Chamlee,

Edwards,

Clark,

Ellison,

Clifton,

Estes,

Cook of Chat'hoochee, Flanders,

Cooke of Thomas, Foster,

Covington,

Fowler,

Couch,

Fraser,

Cowan,

Frier,

Crawford,

Fullbright,

Culbreth,

Geer,



THURSDAY, JuLY 30, 1908.

585

Gibson, Glenn, Goode, Guyton, Hall, Hamilton, Hardeman, Harris, Haywo0d. Heard, Hill, Hines, Holder, Howard, Hubbard, Huff, Huie, Hullender, Johnson of Towns, Jones of Meriwether, Jones of Mitchell, Keith, Kendall, Kendrick, Lee, Lively, Lumsden, Lunsford, Matthews, MacFarland,

McCarthy, Mcintyre, McMahan, McMichael. McMullan, Martin, Massengale, Maxwell, Mays, Moore, Morris, Mundy, Nowell, Orr, Parker, Parrish, Payton, Persons, Pope of Brooks, Pope of Dade, Powell, Reid of Macon, Reid of Putnam, Rogers, Rountree, Russell, Ryals, Shaw, Simmons, Slade,

Smith of Calhoun, Smith of Campbell, Strickland, Stubbs, Sumner; Swilling, Taylor of Appling, Taylor of Sumter, Thorne, Thurman, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young,

Those voting in the negative were Messrs.-

Edmondson,

Perry,

Stewart,

Those not voting were Messrs.-

Adams of Wilkin~on, Allen, Atwater, "Berry, Burkhalter, Collum, Cook of Telfair,
~rumbley,

Dickey, Donalson, Fagan, Flannigan, Furr, Godley, Jackson, Johnson of Jasper,

Johnson of Jeff Davis, McWilliam<>, Mercer, Nix, Odum, Peterson, Price of Bartow, Price of Oconee,

686

JoURNAL OF THE HousE,

Reid of Wilcox, Sheffield, Slater,

Stephens, Terrell, Tift,

Townsend, Whitley, Mr. Speaker.

By unanimous consent the verification of the roll-call was dispensed with.

On the passage of the bill the ayes were I47, nays 3

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

On motion of Mr. \Vright of Floyd"the above bill was ordered immediately transmitted to the Senate.

On motion of Mr. Alexander the session was extended for fifteen minutes for the purpose of ( r) reading local bills a second time, ( 2) reading local bills a third time, and ( 3) concurring in Senate amendments to House bills.

By Mr. Hall of Bibb-
A bill to amend article 3, section 9 of the Constitution so as to increase the per diem of members of the General Assembly.
Mr. Hall of Bibb proposed a substitute for the above bill, which was adopted.

. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
~
. 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 l\1essrs.-

Adams of Chatham, Adams of Wilkinson, Ashley,

Adams of Elbert,

Anderson of Bulloch, Austin,

THURSDAY, }ULY 30, 1908.

587

Barrett, Barrow, Bell, Bl:tckburn, Bowen, Boyu, Brown of Carroll, Brown of Oglethorpe, Buchannon, Burwell, Butt, Cal beck, Callaway, Cannon, Chamlee, Couch, Daniel, Davison, Dean, Dorminy, Dunbar, Dykes, Edmondson, Edwards, Estes, Fowler, Fraser, Frier, Fullbright, Geer,

Glenn, Goode, Guyton, Hall, Hamilton, Hardeman, Harris, Haywood, Hill, Holder, Hubbard, Hufi, Johnson of Towns, Jones of Mitchell, Kendall, Kendrick, Lunsford, Matthews, MacFarland, McCarthy, McMahan, McMullan, Martin, Massengale, Maxwell, Mays, Mercer, Moore, Orr,

Parker, Parrish, Persons, Pope of Brooks, . Price of Oconee, Reid of Macon, 'Reid of Putnam, Rogers, Russell, Ryals, Slade, Slater, Smith of Calhoun, Smith of Campbell, Stewart, Stubbs, Taylor of Sumter, Thorne, Tift, Tuggle, Walker of Lowndes, Ward, Warnell, Watkins, White of Madison, Williams, Wise, Wright of Richmond.. Young,

Those voting in the negative were Messrs.-

Adkin3, Alexander, Anderson of Cobb, Arnold, Atkinson, Ballard, Bond, Candler, Clark, Clifton, Collum,

Cook of Chat'hoochee, Hullender,

'::qoke of Thomas, Jackson,

Covington,

Keith,

Crawford,

Lee,

Davis,

Lively,

Duggan,

Lumsden,

Eaves,

Mcintyre,

Ellison,

1\fcWilliams,

Flanders,

Morris,

Foster,

Mundy,

Heard,

Nowell,

JouRNAL ol" THE HousE,

"Payton, 'Perry, Peterson, Pope of Dade, 'Simmons, Strickland, sumner,

Swilling, Taylor of Appling, Thurman, Tracy, Trent, Tyson, Walker of Milton,

Walker of Wash'ton, White of Screven, Wilson, Wootten, Wright of Floyd, Wynne,

Those not voting were Messrs.-

_Allen, Atwater, Barksdale, Berry, Burkhalter, 'Cook of Telfair, Cowan, Crumbley, Culbreth, Dickey, :!:>onalson, _Fagan,

Flannigan,

Odum,

Furr,

Powell,

Gibson,

Price of Bartow,

Godley,

Reid of Wilcox,

Hines,

Rountree,

Howard,

Shaw,

Huie,

Sheffield,

Johnson of Jaspt.r, Stephens,

Johnson of Jeff Davis, Terrell,

Jones of Meriwether Townsend,

McMichael,

Whitley,

Nix,

Mr. Speaker.

The roll-call was verified, and upon counting the votes cast it was found that the ayes were 94, nays 53

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

Mr. Perry of Hall submitted the following: Mr. Speaker:

I beg to enter upon the Journal of the House my protest against the action of the House (in the consideration -of the bill No. 982, which proposes an amendment to the Constitution abolishing the leasing of convicts after December ji, 1911) in voting down an amendment to said bill and substitute thereto, which amendment provided for the immediate abolition of the system of leasing convicts or their labor, and borrowing the sum of$75o,oooto

THURSDAY, JuLY 30, 1908.

589o

enable the State to put said convicts to work upon farms and the public roads, or such other work as the Assembly might prescribe as soon as the present contracts expire, and in passing the said bill in its present shape.
'l'he grounds of my protest are:
1. That the actiQn of the House continues the convict lease system for about three years, whereas in J;Ily humblejudgment the good n~me of the State demands its immediate abolition.
2. That judging from the past, the profits of the labor of said convicts during said time which will be reaped by the lessees and lost to the State would more than pay the $750,000 required to enable the State to work the convicts under its own supervision.
3 That after the initial expense of $750,000 so required, with a part of the convicts upon a farm or farms and the remainder at work upon the roads, the system of working the convicts by the State could be made self-sustaining, good highways could be built throughout the State without expense to the taxpayers, and the profits. which could be derived from additional lines of workwould soon pay the principal and interest on the $750,000 borrowed for the initial expense.
4 The bill as passed by the House simply declares in a general sentence that no convicts sh'llll be leased after December 31, I 9 I I, without any provision securing the necessary funds by which the State can at any time worksaid convicts under its own supervision and obtain the benefits of their work, and in my humble judgment wilf prove ineffectual and nugatory and create an early necessity to go back to the lease system either by repealing the: said amendment or by an evasion of its vague terms.

..'>90

JOURNAL OF THE HOUSE,

I make this protest with the highest respect for each and every member of the House, and fully believing that their action was dictated by the most honest motives;
H. H. PERRY of Hall county. July 30, 1908.
The following bills were read the third time and put upon their passage, to wit:

By Messrs. Blackburn and Bell-
A bill to amend an Act to create the charter of College Park.
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 100, nays o.
The bill having received the requisite constitutional majority was passed.
. By Messrs. Slaton, Blackburn and BellA bill to amend the charter of the city of Atlanta. 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 100, nays o.
The bill having received the requisite constitutional majority was passed.
The following bills were read the first time, to wit :

By Mr: Ballard-
A bill to change the number of county commissioners of Newton county.

FRIDAY, Ju!.y 31, 19QS,

591

Referred to Special Judiciary Committee.

The following resolution was read and referred to the Committee on Rules, to wit:
By Mr. Wilson of Gwinnett-

A resolution to make House bill No. 644 a special order.
Leave of absence was granted Messrs~ Pete;son, Furr, and Bond.

The Speaker then announced the House adjourned until 9 o'clock to-morrow morning.

ATLANTA, GA.,
Friday, July 31, 1908.
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.
By unanimous consent the call of the roll and the read ing of the Journal of yesterday's proceedings was dispensed with.
Mr. Martin, chairman of Committee on General Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture having under consideration the following bills of the House, instructed me as their chairman to report same back to the House with the recommendation that same do pass, to wit:



592

JouRNAL OF THE HousE,

A bill to amend Act providing for clearing obstructions from running streams in Henry county.

A bill to provide against mending, selling burglars tools.
Also the following House bill with the recommendation that same do not pass, to wit :

A bill to amend Act regulating sale qf commercial fertilizers.
Also the following bill of the Senate, with the recommendation that same do not pass, to wit:

A bill to amend Act providing for the establishment of an agricultural experiment station.
Respectfully submitted.
L. H. 0. MARTIN, Chairman.
Mr. Atkinson, acting chairman of the Corporations Committee, submitted the following report:

Mr. Speaker:

Your committee on Corporations has had under consideration the following bills of the House, and direct me as their acting chairman to report same back with the following recommendation, to wit:

HOUSE BILLS-DO PASS.

An Act to amend the charter of the town of Jonesboro.
An Act to repeal an Act incorporating the town of Ohoopee, Toombs county.

FRIDAY, Ju:r,.y 31, Ig<>8.

598.

DO NOT PASS.

An Act to repeal an Act to provide for the creation and operation of local tax district schools as relates to Wesley Chapel school district in Carroll county.

Respectfully submitted.

.

PAUL ATKINSON, Acting Chairman.

Mr. Wright of Richmond, chairman of the Committee on General Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on. General Judiciary having had un-

der consideration the following bill of the House, instruct-

ed me as their chairman to report same back to the House

with the recommendation that same do pass by substitute

as amended, to wit:



A bill to regulate certain primary elections in this. State.

Also the following bill of the House with the recommendation that same do pass as amended, to wit:

A bill to place Tattnall and Toomb.s counties in Atlanti~ judicial circuit.

Also the following bill of the House with the recommendation that same do pass by substitute, to wit :

A bill to amend the registration laws of Georgia.

Also the following bills of the House, with the recbmmendation that same do not pass, to wit:

A bill to provide that the payment of poll tax shall~

voluntary.



38 hj

594

JoURNAl, Olt THE HOUSE,

A bill to amend Act providing for the registration of voters.
Respectfully submitted. BOYKIN WRIGHT, Chainnan.

Mr. Nowell, chainnan of Committee on Corporations, submitted the following report :

Mr. Speaker:

Your Committee on Corporations has had under consideration the following bills of the House and Senate, and direct me as their chainnan to report same back with the following recommendations, to wit:

SENATE BILL5-DO PASS.

An Act to incorporate the town of Kingwood.
An Act to prevent taking fish from Brasstown creek, in Towns and Union counties.

HOUSE BILL5-DO PASS.

An Act to authorize any corporation chartered by superior courts to change its corporate residence.

An Act to amend an Act incorporating the town of Temple.

An Act to amend the charter of the city of Winder.

An Act to incorporate the city of Danielsville.

An Act to amend the charter of the city of Waynesboro.
An Act to create a public school system for the town of Lithonia.

FRIDAY, }ULY JI, I9Q8.

595

HOUSE BIL!r--BO NOT PASS\.
An Act to fix the compensation of the treasur,er: of Harris county.
Respectfully submitted.
HAr. G. NOWELL, Chairman.
Mr. Donalson, chairman of Committee on Countres' and County Matters, submitted the following report:
Mr. Speaker: Your Committee on Counties and County Matters has
ha:d under consideration the following House resolution and House bills, and as its chairman I am instructed to report the same back with the following recommendations:
House resolution No. 263, do not pass.
House bill No. 1037, do pass.
House bill No. 1102, do pass.
Respectfully submitted.
ERI M. DoNALSON, <;hairman.

Mr. McMichael, chairman of the Committee on Education, submitted'the following- report:
A'l'J;,AN-TA, GA., July 30,- r9Q8:
Mr. Speaker:
Your Committee on Education has had' urider consideration House bill No. g86, and instructs me as its chairman to report that the same do not pass.
Respectfully submitted.
E. H. McMICHAEL, Chairman.

596

JOURNAL OF THE HOUSE,

Mr. Foster, chairman of the Committee on Pensions, submitted the following report:
Mr. Speaker:
Your Committee on Pensions having had under con-sideration the following named bills, beg leave toreport the same back to tJhe House with the following recommendations :

No. 775, to repeal Act providing for payment of pensions, do not pass.
No. 8II, providing how pensions shall~ paid, do not pass.
No. 180, to pay expenses of W. J. Barnes, do not pass.

No. 181, to pay funeral expenses of J. B. Grant, do not pass.

No. 772, to provide how pensions shall be paid, do not pass.

No. 264, to pay pension due Archibald MCKinley, do pass.

No. 250, to pay pension to Maiden T. Honea, do pass.

No. 883, to provide for annual payment of pensions, do pass as amended.

No. 267, to pay pension to Mrs. Eliza Lee, dopass.

No. 272, to pay pension to Mrs. Nancy M. Collier, do pass.
J. Z. FosTER, Chairman.

FRIDAY, JULY 3I, I9Q8.

597

Mr. Blackburn, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Senate and House bills, and as its chairman I am requested to report the same back with the recommendation as follows :

Senate bill No. 47, entitled an Act to require the Insurance Commissioner to refuse license to foreign insurance companies in certain cases.

Do not pass.

House bill No. 1096, entitled an Act to abolish the circuit court of. Madison county.

Do pass.

House bill No. 1094, an Act .to establish city court of Danielsville, in the county of adison.
Do pass.

House bill No. ro87, entitled an Act approved December ro, 1900, creating a school system in Lumber City.

Do pass.

House bill No. IQ93, an Act to amend the charter of the town of Hogansville.

Do pass.

All of which is respectfully submitted. R. B. BLACKBURN, Chairman.

598

JouRNAL ol" TH1t Hous:Jt,

Mr. Whitley, chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following bills, and instruct me as its chairman to report them back to the House with the ,recommendation that they do not pass.
A bill to amend an Act to provide against the evils re- . suiting from the traffic in narcotic drugs.
A bill to repeal an Act to guard against evils resulting from sale of narcotic drugs.
Respectfully submitted. T. R. WHITI.ltY, Chairman.
Mr. Stubbs, vice-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 Act, to wit:
An Act to amend the Constitution of this State so as tp define the qualification of voters and provide for registr;ltion.
Respectfully submitted. J. B. STUBBS, Vice-Chairman.
The following communication was read, to wit :
ATLANTA, GA., July 31, 1908.

To Speaker of House of Representatives, City. HoNORABLE SIR: You and each member of the House

FRIDAY, Jm.Y 31, 19()8.

199

of Repn;sentatives are invited to attend and take part in

the meeting of the Sanitary and Tuberculosis Prevention

Society to-night, 8 p.m., at the Carnegie Library, July 31,

1908.

Papers on.-"What the State and What the Municipali~y

Can do to Prevent Tuberculosis" will be read and dis-

cussed. Will be pleased to have each of y-ou attend and

take part in the discussion.

Yours in the interest of humanity,

~";~..--- 1

R R. KlME, President_ ~ I'
On motionof Mr. McMichael, 200 copies each of House
bills Nos. 191, 192, 193 were ordered printed for use of the House.

By unanimous consent the following bill was read the second time and r~committed, to wit:

By Mr. Wise of Fayette-

A bill to amend an Act to levy and collect a tax for the support of the State government.

House bill No. 997 was tabled on motion of Mr. Wise of Fayette.

The following resolution was read and referred to the

Committee on Rules, to wit:



By Mr. Shaw-A resolution to make House bill No. 82b a special order.

By Messrs. Slaton, Blackburn and Bell-

A bill to repeal an Act to incorporate the town of Battle

Hill.

..

': Referred to Special Judiciary Committee.
r:
. By Messrs. Slaton, Blackburn and Bell-

A bill to repeal an Act to incorporate the town of Edge-

wood.





Referred to Special Judiciary Committee. By Messrs. Slaton, Blackburn and Bell-
A bill to amend the charter of the city of Atlanta. Referred to Special Judiciary Committee. By unanimous consent the following House bill was taken up and the Senate amendment concurred in, to wit:

By Mr. Dean of Floyd-
.t
A bill to amend the charter of the city of Rome.
The Senate proposed to amend as follows :
To amend section I I, line 2, by striking word "and" between figures "27" and ''28," and inserting after figures "28" "and 29."

Also to amend caption by adding before the words "and for other purposes" the words, "to change the boundary lines of said city and provide for defining t~e wards thereof.1'

Also to amend by adding a new section to be appropriately numbered, as follows: "Be it further enacted, that all lands now embraced in the corporate limits of said city be, and the same is, hereby drawn from the jurisdiction and corporate limits of said city that lies east and

FRIDAY, }ULY 31, Igo8.

601

south of the following boundary lines, to wit: Beginning

at the center of the mouth of the first branch on the Eto-

wah river above the bridge on Second avenue; _thence

-following said branch south and east on the north side of

Division street; thence along the north side of Division

street to the east side of Gordon street; thence following

the present bou!ldary line of said city to the east side of

Dean street ; thence along the east side of Dean street to

the south side of Union street; thence along the south

side of Union street to the west side of Spring street;

thence north along the west side of Spring street to the

west side of Spring Creek street; thence along the south

:side of Spring Creek street to the right of way of the

'Central of Georgia Railway Company. The mayor and

-council shall have power and authority to lay out and

designate and define, change or alter the boundary lines

-of the various wards of the city."



By unanimous consent the following bill was read the second time, to wit:

By Mr. KendrickA bill to provide against the sale, etc., of burglars'
tools, etc., and for other purposes.
By unanimous cons.ent the following Senate bill was read the first time, to wit :
By Mr. Deen of the 5th district. A bill to require all births to be reported to ordinaries.
Referred to General Judiciary Committee.
By Mr. Wilkes of the 7th districtA bill to amend an Act to create the city court of Quit-
man.

602

JoURNAL OF THit HOUS!t,

Referred to Special Judiciary Committee.

By Mr. Brantley of the 16th district-
A bill to amend an Act to create a new charter for the city of Dublin.

Referred to C~mmittee on Corporations.

By Mr. Cowart of the 9th district-

A bill to repeal an Act to provide for changing county lines lying in incorporated towns.

Referred to Special Judiciary Committee.

The following bills were read the first time by unanimous consent, .to wit:

By Mr. Massengale-
A bill to amend an Act to incorporate the town of Norwood.
Referred to Committee on Corporations.

By Mr. EavesA bill to incorporate the town of Buchannon. Referred to Special Judiciary Committee.

By Mr. Payton"A bill to amend the charter of the city of Sylvester. Referred to Counties and County Matters Committee.

By Mr. Townsend-
A bill to amend section 982, volume I of the Code so as to add Homerville to the list of State depositories.

FRIDAY, Jui.Y 31, 1go8.

603

Referred to Committee on Banks and Banking.

The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate asks for a conference committee of three from the Senate and three from the House of Representatives to confer upon the following bill of the House, to wit:

A bill to require all legislative counsel and agents to register with the Secretary of State.

The President has appointed on part of the Senate the following conference committee :

Senator Hays of the 13th district.. Senator Gordy of the 24th district. Senator Crittenden of the 1Ith district.

'f.he following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed as amended, by the requisite constitutional majority, the following House resolution, to wit:

A resolution to return to Carroll Daniel the amount received by the State for work done by him in the penitentiary from March 5, 1go6, to February 8, 1907, while illegally confined therein.

The Senate has passed by the requisite cons.titutional

majority the following House bills, to wit:



604

JOURNAL OF THE HOUSE,

- A bill to amend the charter of the town of Barwick, in
Brooks and Thomas counties.
Also a bill to repeal an Act creating a board of commissioners of roads and revenues for Baker county.

Also a bill to be entitled an Act to amend the Constitution of this State so as to define the qualifications of voters and provide for registration.

The- following message was received from the Senate through Mr. Northen, Secretary thereof:

.Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Senate bills, to wit:
A bill to amend the charter of the mayor and aldermen of the city of St. Mary's.

Also a bill to amend an Act creating a board of commissioners of roads and revenues for the county of Calhoun.

Also a bill to abolish the office of commissioner of roads :and revenues for Irwin county.

Also a bill to create a board of commissioners of roads .and revenues for Irwin county.

Also a bill to amend the charter of the city of Macon.

Also a bill to authorize and empower members of local school boards of school trustees to administer oaths to common school teachers to their reports to county school -commissioners.

Fim>AY, Juz.y 31, Ig<>8.

606.

The following bills were read the second time, to wit :
By Mr. Fowler, Hall and Ryals-
A bill to authorize Bibb county to pay Judge John P . Ross certain monies.

By Mr. McWilliams-
A bill to amend an Act to provide for the removal of obstructions from the streams of Henry county.

By Mr. Brown of Carroll-
A bill to amend an Act to incorporate the town of Tern- ple.

By Mr. Cook of Telfair-
A bill to amend an Act to create a system of public schools in the town of Lumber City.

By Messrs. Flannigan and HolderA bill to amend the charter of Winder.

By Messrs. Young and TuggleA bill to amend the charter of the town of Hogansville..

By Mr. White of MadisonA bill to incorporate the city of Da,nielsville.

By Mr. FullbrightA bill to amend the charter of Waynesboro.

By Messrs. Alexander and Candler-
A bill to create a system of public schools for the townof Lithonia.

606

JouRNAL oF TH Hous,

By Mr. Cowan-
A bill to provide for removal of obstructions from the streams of Rockdale county.

By Mr. Huie-

A bill to amend an Act to amend the charter of Jonesboro.

By Mr. Clifton-

A bill to repeal an Act to incorporate the town of Ohoopee.

By Mr. Hubbard-

A resolution to pay pension due Thomas Honea to his widow.

By Messrs. McFarland and Barrow-

A resolution to pay pension due Archibald McKinley.

By Mr. Edmondson-

A reseilution to pay pension due Mrs. Eliza Lee.

By Mr. Ellison-

A resolution to pay pension to Mrs. Nancy M. Collier.

By Mr. Fowler-

A "bill to authorize corporations to change corporate residence when a majority of stockholders so vote.
By Messrs. Warnell~ McFarland, and Clifton-

A bill to change the counties of Tattnall and Toombs

FRIDAY, JuLY 31, 1908.

607

-from the Middle judicial circuit to the Atlantic judicial circuit.
By Messrs. Barrett and Calbeck-

A bill to provide how pensions due Confederate sol-diers shall be paid.
By Mr. Hardeman-

A bill to amend the registration laws of Georgia, to :prescribe the duties of tax-collectors, etc.
By Mr. White of Madison-

A bill to create the city court of Danielsville.

.By Mr. White of MadisonA bill to abolish the city court of Madison.

By Messrs. Chamlee and DeanA bill to ame~d an Act to create the .city court of Floyd
-county.
The following Senate bills were read the second time, to wit:

By Mr. Lashley of the 40th district-

A bill to prevent taking fish from Brasstown creek.

:By Mr. Wilkes of the 7th districtA bill to incorporate the town of Kingwood.

The following bills were taken up and the Senate amendments concurred in, to wit :

60~

}OVRNAL OP TH! HoUSit1

By Mr. Geer of Miller-

A bill to repeal an Act to create the city court of Miller county.
The Senate proposed to amend by striking figures "1907'' wherever same occur and insert "1908."

By Mr. GeerA bill to create the city court of Miller county.

The Senate proposed to amend by adding the following after the word "court" in line 11, section 3: "provided, however, that said solicitor shall receive no fee at all unless there is a plea of guilty or a conviction."

Senate bill No. 203 was taken from the Special Judiciary Committee and tereferred to the Committee on Corporations by unanimous consent.

A motion was put and carried that Senate bill No. 3 be tabled.

By unanimous consent House bill No. 997 was made the special order for Monday morning next after the special order already set.
The following resolutions were read, to wit:

By Mr. McMichael-

A resolution to fix House bills 191, 192 and 193 be set as continuing special orders to follow special orders already set.
Referred to Committee on Rules.

.609

By Mr. Fullbright-

A resolution fixing the order of busipess for to-morrow:
1. Introduction of new matter. 2. Reports of standing committees. 3 Reading House bills favorably reported second time. 4 Reading local House bills third tim~.
5 Reading Senate bills first time.
6. Reading local Senate bills second time. 7 Reading local Senate bills third time.

Mr. Fullbright of Burke moved to adjourn, and no quorum having voted on the motion, the Speaker directed a call of the roll, which was as follows:

Those voting in the affirmative were Messrs.--:

Adams of Chatham, Guyton,

Ballard,

Hardeman,

Brown of Carroll, Haywood,

Brown of Oglethorpe, Heard,

Burwell,

Hill,

Butt,

Hubbard,

Covington,

Huff,

Cowan,

Hullender,

Davis,

Keith,

Donalson,

Kendrick,

Estes,

Lively,

Foster,

McMichael,

Frier,

Massengale,

Fullbright,

Mundy,

Gibson,

Nix,

Orr, Parker, Parrish, Price of Oconee, Reid of Macon, Stewart, Stubbs, Sumner, Taylor of Sumter, Terrell, Thome, Tift, Walker of Wash'ton, Watkins, Young,

Those voting in the negative were Messrs.__:

Adams of Elbert, Alexander, Anderson of Bulloch,
39 bj

Anderson of Cobb, Ashley, Austin,

Barksdale, Barrett, Barrow,

61Q

Jou~NAL o"8 TB: HooSJt,

Blackburn, Rowen, Burkhalter, Cal beck, Callaway, Cannon, Chamlee, Clark, Cooke of'Thomas, Couch, Crawford, Daniel, Dean, Dunbar, Dykes, Eaves, Edwards, Geer, Hal!, Harris, Huie, Johnson of Towns,

Jones of Meriwether, Slater,

Kendall,

Smith of Calhoun,

Lee,

Smith of Campbell,

"Lunsford,

Strickland,

MacFarland,

Taylor of Appling,

McCarthy,

Thurman.

Mcintyre,

Townsend,

McMahan,

Tracy,

McMullan,

Trent,

McWilliams,

Tuggle,

Martin,

Tys~m,

Nowell,

Walker of Lowndes

Payton,

Walker of Milton,

P-erry,

Ward,

Pope of Dade,

Whitley,

Powell,

'williams,

Reid of Putnam,

Wilson,

Ryals,

Wise,

Shaw,

Wootten,

Simmons,

Wright of Richmond,

Slade,

Young,

Those not voting were Messrs.-

Adams of Wilkinson, Dickey,

Adkins,

Dorminy,

Allen,

Duggan,

Arnold,

Edmondson,

Atkinson,

Ellison,

Atwater,

Fagan,

Bell,

Flanders,

Berry,

Flannigan,

Bond,

Fowler,

Boyd,

Fraser,

Buchannan,

Furr,

Candler,

Glenn,

Clifton,

Godley,

Collum,

Goode,

Cook of Chat'hoochee, Hamilton,

Cook of Telfair,

Hines,

Crumbley,

Holder,

Culbreth,

Howard,

Davison,

Jackson,

Johnson of Jasper, Johnson of Jeff Davis, Jones of Mitchell, Lumsden, Matthews; Maxwell, Mays, Mercer, :Moore, Morris, Odum, Persons, Peterson, Pope of Brooks, Price of Bartow, Reid of Wilcox, Rogers, Rountree, Russell,

611

Sheffield, Stephen!, Swilling,

Warnell, White of Madison, White of Screven,

Wright of Floyrl, Wynne,
Mr. Speaker.

On the motion to adjourn the ayes were 45, nays 72, and the roll-call having disclosed that I I7 members wer~ present the House proceeded with the business before it, the motion to adjourn hav.ing been lost.

.By unanimous consent the following bills were read the third time and put upon their passage, to wit:

By Mr. Wise-

A bill to amend section 982, volume I of the Code so as to add the city of Fayetteville to the list of State depositories.

The favorable report of the committee was agreed to.

No quorum having voted on the passage of the bill the Speaker ordered a call of the roll, which was as follows :

Those voting in the affirmative were Messrs.-

Adams of Chatham, Adams of Elbert, Alexander, Anderson of Bulloch, Anderson of Cobb, Ashley, -Atkinson,
Austin, "Ballard, "Barksdale, "Barrett, "Barrow, Blackburn, Bowen, Brown of Carroll,

Brown of Oglethorpe, Dunbar,

Burkhalter,

Dykes,

Burwell,

Eaves,

Butt,

Edwards,

Cal beck,

Estes,

Callaway,

Foster,

Candler,

Frier,

Chamlee,

Fullbright,

Clark,

Geer,

Cooke of Thomas, Gibson,

Couch,

Guyton,

Cowan,

Hall,

Crawford,

Harris,

Daniel,

Haywood,

Dean,

Heard,

612

JOURNAL OF THE HousE,

Hill, Hubbard, Huff, Huie, Hullender, Johnson of Towns, Jones of Meriwether, Keith, Kendall, Kendrick, Lee, Lively, Lunsford, MacFarland, McCarthy, Mcintyre, McMahan, McMichael, McMullan, Me Williams, Martin, Massengale, Mundy,

Nix, Nowell, Orr, P;trker, Parrish, Payton, Perry, Pope of Dade, Powell, Price of Oconee, Reid of Macon, Reid of Putnam, Ryals, Shaw, Simmons, Slade, Slater, Smith of Calhoun, Smith of Campbell, Stewart, Strickland, Stubbs, Sumner,

Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Watkins, Whitley, Williams, Wilson, Wise, Wootten, Wright of Richmond, Young,

Those not voting were Messrs.-

Adams of Wilkinson, Davis,

Adkins,

Davison,

Allen,

Dickey,

Arnold,

Donalson,

Atwater,

Dorminy,

Bell,

Duggan,

Berry,

Edmondson,

Bond,

Ellison,

Boyd,

Fagan,

Buchannon,

Flanders,

Cannon,

Flannigan,

Clifton,

Fowler,

Collum,

Fraser,

Cook of Chat'hoochee, Furr,

Cook of Telfair,

Glenn,

Covington,

Godley,

Crumbley,

Goode,

Culbreth,

Hamilton,

Hardeman, Hines, Holder, Howard, Jackson, Johnson of Jasper, Johnson of Jeff Davis, Jones of Mitchell, Lumsden, Matthews, Maxwell, Mays, Mercer, Moore, Morris, Odum, Persons, Peterson,

FRIDAY, }ULY 31, rgo8.

613

Pope of Brooks, Price of Bartow, Reid of Wilcox, Rogers, Rountree,

Russell, Sheffield, Stepliens, Swilling, Warnell,

White of Madison, White of Screven, Wright of Floyd, Wynne, Mr. Speaker.

By unanimous consent the verification of the roll-ca~l

was dispensed with.



On the passage of the bill the ayes ~ere r 14, nays o.

The bill having received the requisite constitutional majority was passed, and the House took up the following bill for passage by unanimous consent, to wit :

By Messrs. Nix and Wilson-

A bill to amend an Act to provide for four terms a year of the superior court of Gwinnett 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 92, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Wright of Richmond-

A bill to require all candidates in any election or primary for public office to publish itemized statements of campaign expenses.

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

No quorum having voted on the above bill the Speaker directed a call of the roll, which was as follows :

614

JouRNAL o:tt THlt HousE,

Those voting in the affirmative were Mess~s.-

Adams of Chatham, Harris,

Reid of Macon,

Adams of Elbert,

Haywood,

Reid of Putnam,

Alexander,

Heard,

Russell,

Ashley,

Hill,

Ryals,

Atkinson,

Hines,

Shaw,

:$arksdale,

Hubbard,

Slade,

Barrow,

Huie,

Slater,

Bell, Bow~n,

Hullender, Johnson of Towns,

Smith of Campbell, Stewart,

Brown of Carroll, Jones of Meriwether. Strickland,

Brown of Oglethorpe. Keith,

Stubbs,

Burkhalter,

Kendall,

Sumner,

Butt,

Kendrick,

Taylor of Appling,

Callaway,

Lee,

Taylor of Sumter,

Candler,

Lively,

Thorne,

Chamlee,

Lumsden,

Thurman,

Cooke of Thomas, Lunsford.

Townsend,

Covington,

MacFarland,

Tracy,

Couch,

McCarthy,

Trent,

Cowan,

Mcintyre,

Tuggle,

Crawford,

McMahan,

Tyson,

Daniel,

McMichael,

Walker of Lowndes,

Davis,

McMullan,

Walker of Milton;

Dean,

McWilliams,

Walker of Wash'ton,

Dunbar,

Martin,

Ward

Dykes,

Mays,

Watkins,

Eaves,

Mundy,

White of Screven,

Edwatds,

Nix,

Whitley,

Foster,

Nowell,

Williams,

Frier,

Orr,

Wilson,

Fullbright,

Parker,

Wise,

Geer,

Parrish,

Wootten,

Gibson,

Payton,

Wright of Richmond,

Guyton,

Perry,

Young,

Hardeman,

Powell,

I

Those voting in the negative were Messrs.-

Anderson of Cobb, Ballard, Blackburn, CaTheek,

Cannon, Clark, Estes, Huff,

Pope of Dade, Simmons, Terrell,

FltiDAY, }U1--Y 31~ Igo8.

Slli

Those not :voting were Messrs.-

Adams "of Wilkinson, Edmondson,

Mercer,

Adkins,

Ellison,

Moore,

Allen,

Fagan,

Morris,

Anderson of Bulloch, Flanders,

Odum,

Arnold,

Flannigan,

Persons,

Atwater,

Fowler,

Peterson,

Austin,

Fraser,

Pope of Brooks,

Barrett,

Furr,

Pope of Dade,

Berry,

Glenn,

Price of Bartow,

Bond,

Godley,

Price of Oconee,

Boyd,

Goode,

Reid of Wilcox,

Buchannon,

Hall,

Rogers,

Burwell,

Hamilton,

Rountree,

Clifton,

Holder,

Sheffield, .

Collum,

Howard,

Smith of Calhoun,

Cook of Chat'hoochee, Huff,

Stephens,

Cook of Telfair,

Jackson,

Swilling,

Crumbley,

Johnson of Jasper, Tift,

Culbreth,

Johnson of Jeff Davis, Warnell,

Davison,

Jones of Mitchell,

White of Madison,

Dickey,

Matthews,

Wright of Floyd,

Donalson,

Massengale,

Wynne,

Dorminy,

Maxwell,

Mr. Speaker.

Duggan,

By unanimous consent the verification of the roll-call was dispensed with.

On the passage of the bill the ayes were 104, nays II.

The bill having received the requisite constitutional majority was passed.
By Messrs. Allen and Wright of Richmond-
A bill to prohibit contributions by corporations or their officers or agents to campaign funds, and for other purposes.
The report of the committee, which was favorable to the passage -of the bill, was agreed to.

616

JouRNAL oF THJi; Housli;,

On the passage of the bill the ayes were 100, nays o.

The bill having received the requisite constitutional ma-

jority was passed.

-

. The following resolutions were read, to wit:

By Mr. Alexander-

A resolution requesting the Governor not to submit the disfranchise Act passed at the last session for ratification.

By Mr. Russell-

A resolution to fix House bill No. 898 as a special order.

By unanimous consent the following Senate bill was read the first time, to wit:

By 1\Jr. Felder of 22d district-

A bill to amend the charter of the city of Macon.

Referred to Special Judiciary Committee.

Leave of absence was granted Messrs. Simmons, Brown of Oglethorpe, Kendall, Callaway, Williams of Dodge, Hubbard, Couch, Eaves.

Mr. Barrett moved to adjourn, which motion prevailed,

and the Speaker announced the House adjourned until 10

o'clock to-morrow.



SA'l'URDAY, AUGUST I, Igo8.

617

ATLANTA, GA., Saturday, August I, Igo8. The House met pursuant to adjournment at 9 o'clock, a.m., this day; was called to order by the Speaker, and
Qpened with prayer by the Rev. W. T: Hamby. By unanimous consent the roll-call and the reading of
the Journal of yesterday's proceedings was dispensed with. The order of business as fixed on yesterday was read.
The following bills were read the first time, to wit :
By Messrs. Candler and Alexander-
A bill to incorporate the town of Chamblee.
Referred to Committee on Corporations.
By Mr. Calbeck-
A bill authorizing the to~n of Calhoun to sell certain
property.
Referred to Special Judiciary Committee.
By Mr. Jones of Mitchell-
A bill to amend an Act to incorporate the town of Pel-:ham.
Referred to Committee on Corporations.

618

JoURNAl, OP TH~ HOUSIC,

By Mr. WardA bill to create the city court of Hazlehurst.

Referred to Special Judiciary Committee.

By Mr. Smith of Campbell-

A bill to fix qualifications for locomotive engineers.

Referred to General Judiciary Committee.

By Mr. Payton-
A bill to amend an Act to create the city court of Sylvester.

Referred to Special Judiciary Committee.

Mr. Candler, chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
The Committee on Appropriations have had under consideration the following bills of the House, and instruct ine as their chairman to report same back with the recommendation that they do pass.

A bill to provide fund for the maintenance of the district agrucultural schools.

A bill to appropriate certain money to the support and maintenance of the Georgia State Sanitarium.

A bill to make appropriation for the College of Agriculture at Athens.

A bill to supplement the amount appropriated for support of Railroad Commission.

SA'l'URDAY, AUGUST I, Igo8.

619

A bill to appropriate money for support and maintenance of College of Agriculture at Athens.
A bill to amend the general appropriation Act so as to change method of paying pensions.
A bill to amend the general appropriation Act so as to make change in the appropriation for the Georgia School for the Deaf.
A bill to appropriate $7,000 for the State Normal School at Athens.
Also the following resolutions with the recommendation that they do pass :
A resolution to pay $572.00 to W. L. Michael, and for other purposes.
A resolution for relief of "Palmer Locker Club" of Savannah.
A resolution to refund $50.00 to Geo. M. Brinson.
Also the following, with the recommendation that they do not pass:
A resolution forrelief of heirs of Sherman J. Sims.
A bill to make appropriation for Georgia State Reformatory.

A bill to erect a monument to memory of W m. H. Crawford.

A bill to make appropriation to directors of Georgia Experiment Station.

~20

JouRNAL oF THE HousE,

A bjll to appropirate $5,000 to the State Technological School.

A bill to make appropriation for monument to Confederate soldiers in Johnson's. Island.

A bill to make appropriation to Georgia School of Technology.

Also the following, with the recommendation that it d() pass as amended :

A bill to make appropriation for the Georgia Normal :and Industrial.

Also the following, with the recommendation that the author be allowed to withdraw the same:

A bill to appropriate $20,000 for State Normal School :at Athens.
Respectfully submitted. C. M. CANDLER, Chairman.

Mr. Anderson, vice-chairman of Committee on Gen-eral Judiciary, submitted the following report:

Mr. Speaker:

The Committee on General Judiciary having bad under -consideration the following bills of the House, instructed me as their vice-chairman to report same back to the House with the recommendation that same do pass, to wit:

A bill describing how ballots shall be printed and manner in which same shall be cast.

SATURDAY, AucusT 1, 1908.

62~

A bill to amend Act 2334, Code 1895, relating to venue of suits against railroad companies.
Also the following bill of the House, with the recommendation that same do pass as amended, to wit :
A bill to relate to the liability of common carriers to their employees in certain cases.

Also the following bill of the Senate, with the recommendation that s_ame do pass as amended, to wit:

A bill to quiet the title to real estate in Georgia held
. under foreign wills.
The committee instructs me further to request that the House instruct the Committee on Rules to report House bill No. 939, known as the Smith employees liability bill, as a speci<il and continuing .order to be set immediately after the disposition of the special orders now pending in the House.
Respectfully submitted.
J. J. E. ANDERSON, Vice-Chairman.

Mr. Barrow, chairman of the Committee on Military Affairs, submitted the following report :

Mr. Speaker:
Your Committee on Military Affairs, having had under consideration Senate bill No. 196, begs to report that they recommend that the same do pass.
DAVID C. BARROW, Chairman.

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

622

JOURNAL OF TH Jiousg,

By Mr. McCarthyA resolution for relief of L. B. Riser, H. B. Silvers and
others.
By Mr. Candler-
A bill to appropriate $30,000 for support of College of Agriculture at Athens.
-By Mr. McMahan-
A bill to appropriate $7,000 for support of State Normal School.
By Messrs. Candler, Atkinson et al.-
A bill to amend an Act to make appropriation for ordinary expenses of State government.

By Mr. Hines-
A bill to appropriate $15,000 for 1908, and $30,000 for 1909 to support of State Sanitarium.
By Mr. Candler-
A bill to increa.Se appropriations for 1907 for salaries
of Railroad Commission.

By Mr. Candler-
A bill to amend Act to appropriate money for support of executive, legislative and judicial departments of government.

By Messrs. Martin, McMullan and Candler-
A bill to appropriate $25,000 for 19Q8, and $so,ooo for 1909 for support of State Agricultural College.

SATURDAY, AucuST 1, 1908.

623

By Mr. Barrett-
A bill to amend Act to make appropriations for ordinary expenses of the executive, legislative and judicial departments of State government. By Mr. Tyson-
A resolution to pay $so.oo to Ceo. M. Brinson. By Mr. Burkhalter-
A bill prescribing how ballots shall be printed.

By Mr. AlexanderA bill to amend section 2334 of the Civil Code.
By Messrs. Wright and ChamleeA resolution to pay certain monies to W. L. McMi-
chael.

By Mr. Hines-
A bill to appropriate $12,671.76 for infirmary for Geor~ gia Normal and Industrial College.
The following bills were read the second time and recommitted, to wit :

By Mr. PaytonA bill to amend charter of Sylvester.

By Mr. EavesA bill to incorporate the town of Buchannan.

624

JOURNAL OF TH~ Hous~,

By Messrs. Slaton, Blackburn and BellA bill to repeal the. charter of Edgewood.

By Messrs. Slaton, Blackburn and BellA bill to amend the charter of Atlanta.

By Messrs. Slaton, Blackburn and BellA bill to repeal the charter of Battle Hill. The following resolution was read, to wi't:

By Mr. Wright of Richmond-
A resolution to make House bill No. 19 a special order_
The following bills were read a third time and put upon their passage, to wit :

By Mr. Tyson-
A bill to prescribe the manner in which real estate belonging to Emanuel county may be sold.
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 100, nays o.
The bill having received the requisite constitutional majority was passed.

By Messrs. Blackburn and Bell_:_

A bill to amend an Act to create the charter of College Park, so as to provide for election of mayor and aldermen_

SATT:JRDAY, AuGusT 1, -1908.

..
625

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

By Messrs. Blackburn and Bell-

A bill to amend an Act to create the charter of College Park so as to create system of public schools.

The report of the committee, which was favorable to the passage of the hill, \vas agreed to.

On the passage of the bilfthe ayes were 100, nays o.

The bill having received the requisite constitutional majority was passed.

By Messrs. Fowler, Hall and Ryals-

A bill to authorize the payment of certain moneys to Judge J no. P. Ross.

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 95, nays o.

The bill having received the requisite constitutional rna-. jority was passed.

By Messrs. Walker and Ashley-

A bill to amend an Act to incorporate the city o.f Valdosta.
40 hj

628

J~t7RN'At, oit TH~t Hems~.

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

On the passage of the bill the ayes were 98, nays o.
The bill havirtg received the requisite constitutional majority wa~ passed.
By Mr. Pope of Brooks-

A bill to regulate the running of logcarts, etc., in Brooks 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 100, nays o.
The bill having received the requisite constitutional majority was passed.
By Mr. Rogers of Randolph-
A biil to amend an Act to create a l;>oard of commissioners of roads and revenues for Randolph 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 98, nays o.
The b.ill having received the requisite constitutional
jority was passed.

By Mr. McWilliams-
A bill to amend an Act to remove obstructions from the streams of Hetlty county.

SATURDAY, AucusT I, 1908.

627

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 96, nays o.

The bill having received the requisite constitutional majority was passed.

By Messrs. Alexander and Candler-

A bill to create a system of public schools for the town of Lithonia.

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 98, nays o.

The bill having received the requisite constitutional majority was passed.

.By M~:. Fullbright-

A bill to amend the charter of Waynesboro.

- The report of the committee, which was favorable to .the passage of the bil~, was agreed to.
On the passage of the bill the ayes were IOI, nays o.

The bill having received the requisite constitutiona:l majority was passed.

By Messrs. Flannigan and Holder-

A bill to amend the marter of the city of Winder.

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

628

} OURNAL 01" THE; HOUSE;,

On the passage of the bill the ayes were 99, nays o.

The bill having received the requisite constitutional majority was passed.
By Mr. Cowan-

A bill to provide for the removal of obstructions from streams of Rockdale 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 98, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Clifton of Toombs-
A bill to repeal an Act to incorporate the town of Ohoopee.
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 98, nays o.
The bill having received the requisite constitutional rna.jority was passed.

By Mr. Huie of Clayton-
A bill to amend an Act to amend the charter of Jortes-
boro.

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 99, nays o.

SATURDAY, AUGUST I, Igo8.

629

The bill having received the requisite constitutional majority was passed.

By Mr. Cook of Telfair-
A bill to amend an Act authorizing the creation of a system of public schools in the town of Lumber City.

The report of the committee, which was f9-vorable to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 97, nays o..

The bill having received the requisite constitutional majority was passed.

By Messrs. Young and TuggleA bill to amend the charter of the town of Hogansville.

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 97, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Brown of Carroll-
A bill to amend an Act to incorporate "the town of Temple.

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

630

JOURNAL OP THlt HOUSlt,

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

By Mr. Henderson of 15th district-

A bill to abolish the office of commissioner of roads and revenues for Irwin county.

Referred to Counties and County Matters Committee.

By Mr. Henderson of I sth district_:_
A bill to create a board of commissioners of roads and revenues for Irwin county.
Referred to Counties and County Matters Committee.

By Mr. Henderson of 39th district-

A 'bill to empower local boards of school trustees to administer oaths to common school teachers.

Referred to Committee on Education.

By Mr. Cowart of 9th district-

A bill to amend Act creating a board of commissioners of roads and revenues for the county of Calhoun.
Referred to Co~nties and County Matters Committee.

By Mr. Mattox of 4th districtA bili to amend the charter of the town of St. Mary's.

Referred to Committee on Corporations.

The following Senate bills were read the third time and put upon their passage,. to wit:

SA'l'UJU)AV; AUGUST I, 19(}8.

631

By Mr. Lashley of 40th district-

A bill to prohibit the taking of fish from Brasstown creek,

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 98, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. Wilkes of 7th district-

A bill to incorporate the town of Kingwood.

The report of the committee, which was favor-able to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 98, nays o.

The bill having received the requisite constitutional majority was passed.

Leave of absence was granted Messrs. Gibson of Glascock and Walker of Washington.

The order of business having been completed, a motion to adjourn was put and carried, and the Speaker announced the House adjourned until 10 o'clock Monday morning.

632

JouRNAL ol" THt HousE,

ATLANTA, GA.,

it'

Monday, August 3, 1908.

The House met pursuant to adjournment at 10 oclock.
a.m., this day; was ca.lled to order by the Sp~aker1 and opened with prayer by the Chaplain.

Mr. Wright of Floyd moved to dispense with the rollcall, and no quorum having voted the Speaker directed that the roll be called to ascertain if a quorum be present .. and those answering to their names were as follows :

Adams of Chatham, Burkhalter,

Dorminy,

Adams of Elbert,

Burwell,

Dunbar,

Adams of Wilkinson, Butt,

Duggan,

Adkins, .

Calbeck,

Dykes,

Alexander,

Callaway,

Eaves,

Allen,

Candler,

Edmondson,

Anderson of Bulloch, Cannon,

Edwards,

Anderson of Cobb, Chamlee,

Ellison,

Arnold,

Clark,

Estes,

Ashley,

Clifton,

Fagan,

Atkinson,

Collum,

Flanders,

Atwater,

Cook of Chat'hoochee, Flannigan,

Austin,

Cook of Telfair,

Foster,

Ballard,

Cooke of Thomas, Fowler,

Barksdale,

Covington,

Fraser,

Barrett,

Couch,

Frier,

Barrow,

Cowan,

Fullbright,

Bell,

Crawford,

Furr,

Berry,

Crumbley,

Geer,

Blackburn,

Culbreth,

Gibson,

Bond,

Daniel,

Glenn,

Bowen,

Davis,

Godley,

Boyd,

Davison,

Goode,

Brown of Carroll, Dean,

Guyton,

Brown of Oglethorpe, Dickey,

Hall,

Buchannan,

Donalson,

Hamilton,

MoNDAY; AucusT 3, 1908.

633

1Iardeman,

Maxwell,

Harris,

Mays,

Haywood,

Mercer,

Heard,

Moore,

Hill,

Morris,

Hines,

Mundy;

Holder,

Nix,

:toward,

Nowell,

Hubbard,

Odum,

Huff,

Orr,

Huie,

Parker,

Hullender,

Parrish,

Jackson,

Payton,

Johnson of Jasper, Perry,

Johnson of Jeff Davis, Persons,

Johnson of Towns, Peterson,

Jones of Meriwether. Pope of Brooks,

Jones of Mitchell,

Pope of Dade,

Keith,

Powell,

Kendall,

Price of Bartow,

Kendrick,

Price of Oconee,

Lee,

Reid of Macon,

Lively,

Reid of Putnam,

Lumsden,

Reid of Wilcox,

Lunsford,

Rogers,

Matthews,

Rountree,

MacFarland,

Russell,

McCarthy,

Ryals,

Mcintyre,

Shaw,

McMahan,

Sheffield,

McMichael,

Simmons,

McMullan,

Slade,

McWilliams,

Slater,

Martin,

Smith of Calhoun,

Massengale,

Smith of Campbell,

Stephens, Stewart, Strickland, Stubbs, Sumner, Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young, Mr. Speaker.

Mr. Hall of Bibb gave notice that at the proper time he move to reconsider the action of the House in passing House bill No. 1037 on last $aturday.
By unanimous consent the reading of the Journal of Saturday's proceedings was dispensed with.

834

JOURNAL O"P THE HoUSE,.

Mr. Hall, vice-chairman of the Committee on Rules~ submitted the following report:

Mr. Speaker.~

Your Committee on Rules have had under consideration House resolutions Nos. 168, 186, 189, 188, 190, 198, 200,201,202,205,2o8,210,223,225, 227,229,236,237, 238,239,240,241,247,248,251,253,256,262,266,265, 268, 269, 270, 271, 276, all of said resolutions having reference to making certain bills special orders. In view of the large number of these requests on the part of members of the House for special orders, the committee found it impossible to report on all these resolutions and find a time in which to give them a special order, and in view of the fact that if the regular order of business was adhered to by the House many of the bills included in these resolutions would be reached on the calendar the committee have instructed me to report to the House the following recommendation, to wit:
After the special orders now pending are disposed of that on Monday, Tuesday and Wednesday the House will gtve its attention to the bills on the calendar in the order in which they appear.
I am further instructed by the committee to report the following1 resolution to the House and ask its adoption:
That it shall not be in order for any member to ask unanimous consent of the House to introduce a hill or to read a bill the second or third time except duringthe first half hour Df each session; and further, that the Speaker shall not recognize any member for the purpose of making such request except during the time specified above.
Jos. H. HALL, Vice-Chairman.

MoNDAY, AucusT 3, 1908.

635

By unanimous consent the above resolution embodied in the report of the Committee on Rules was made applicable after to-day.

The foregoing resolution embodied in the report of the Rules Committee was amended as follows:

By Mr. Dunbar-

To strike words "first half hour of each session" and substitute "first half hour after the adoption of the Journal."

By Mr. Foster-

To amend by adding to end of resolution the words, "provided, that House bill No. 6g, known as the pension bill, be made a special continuing order for Wednesday, August 5, 1908, immediately after confirmation of the Journal."

The following resolution was read, to wit:

By Mr.. McMichael-
A resolution to fix House bills Nos. 191, 192, 193 as special orders as early as possible, and instructing Committee on Rules to report accordingly.

The resolution was lost.

By unanimous consent the following bills were read the first time, to wit:

By Messrs. Alexander and CandlerA bill to authorize the county of DeKalb to issue bonds.

Referred to Counties and County Matters Committee.

636

JoURNAL OF THE HOUSE,

By Messrs. Alexander and Candler-

A bill to amend the charter of Kirkwood.

Referred to Counties and County Matters Committee. By Messrs. Alexander and Candler-

A resolution to furnish all Georgia Reports to the county of DeKalb.

Referred to Committee on Public Library. By Mr. Candler of DeKalb--

A resolution to provide for payment of expenses of

joint committee to investigate charges against prison de-

partment.



Referred to Committee of Whole House.

By unanimous consent the following bill was read the third time and put upon its passage, to wit:

By Mr. Reid of Macon-

A bill to amend an Act to establish the city court of Oglethorpe.

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 g6, nays o.

The bill having received the requisite constitutional majority was passed.

By unanimous consent the following bill was read the second time and recommitted, to wit:

MoNDAY, AuGuST 3, Igo8.

637

By Mr. Massengale of Warren-

A bill to amend an Act to incorporate the town of Norwood.

The following bills were read the third time and put upon their passage, to wit:

By Mr. Orr of Coweta-

A bill to establish the city court of Newnan.

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 g8, nays o.

The bill having received the requisite constitutional majority was passed.

By Mr. McWilliams of Henry-

A bill to repeal an Act to create a county court in each county of this State, so far as the same applies to the county of Henry.

The substitute offered by the comm_ittee was read and the following amendment was read, to wit:

By Mr. McWilliams-
To amend section I of the substitute bv striking the following in said section: "Provided, however, that this Act shall not take effect until October 28, 1908."

The amendment was adopted, and the substitute was then adopted as amended.
'The report of the committee, which was favor~ble to

638

JouRNAL oF TH Hous,

the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill the ayes were 92, nays o.
The bill having received the requisite constitutional majority was passed by substitute as amended.

The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following bills of the House, to wit:

A bill to incorporate the town of Franklin, in the county of Heard.
Also a bill to create a new charter for the town of Iron City, in the county of Decatur.
Also a bill to create a new charter for the town of Glenwood, in the county of Montgomery.

Also a bill to create a new charter for the city of Jackson.
Also a bill to establish a public school system for the town of Mansfield.
Also a bill to create the office of commissioner of roads and revenues for the county of Carroll.
Also a bill to incorporate the town of Between in the county of Walton.
Also a bill to amend the Act creating the city court of Monticello.

MONDAY, AucttST 3, tgo8.

639

Also a bill to create a board of county commissioners for the county of Baker.

Also a bill to amend an Act to establish the city court of Newton in and for the county of Baker.

Also a bill to incorporate the city of Kingsland, in the county of Camden.

Also a bill to create a board of commissioners of roads and revenues for the county of Cherokee.

Also a bill to establish a new charter for the town of Fairmount, in the county of Gordon.

Also a bill to amend section 982 of volume 1 of the Code of 1895

Also a bill to amend the charter of the town of Ochlocknee, in the county of Thomas.

Also a bill to incorporate the town of Williamsville, in the county of Walton.

Also a bill to incorporate the town of Vidette, in the county of Burke.

Also a bill to provide for the creation of a board of health for the city of Athens.

Also a bill to amend an Act to e!tablish the city tourt of Dalton.

Also a bill to authorize the Governor to !1-PPOint a third State depository in the city of Atlanta.

Also a bill to repeal art Act incorporating the town of Eatonton.

640

JOURNAI. OF TH HOUSE,

Also a bill to incorporate the town of Chalybeate Springs, in the county of Meriwether.

Also a bill to incorporate the town of Gratis, in the county of Walton.

Also a bill to incorporate the town of Orland, in the county of Montgome_ry. .

Also a bill to repeal the charter of the town of Ellijay.
Also a bill to amend an Act creating the city court of Buford.

Also a bill to incorporate the town of Woodbine.
Also a bill to amend an Act to create the city court of Sparta, in and for the county of Hancock.

Also a bill to repeal an Act incorporating the town of Culverton, in the county of Hancock.
Also a bill to create a board of county commissioners for Crisp county.
Also a bill to incorporate the town of Blairsville.

Also a bill to amend the charter of the city of Griffin.

Also a bill to repeal an Act establishing a new charter for.the town of Franklin.

Also a bill to amend the charter of the city of Norcross.

Also a bill to repeal an Act approved December 6, rgoo, entitled "an Act to repeal an Act to create a county court in each county in the State of Georgia, except certain counties therein mentioned," etc.

MONDAY, AUGUST 3, 19(>8.
Also a bill to authorize the mayor and council of De.. catur to issue bonds for school purposes:
Also a bill to authorize the mayor and council of Decatur to issue bonds for waterworks purposes.
Also a bill to empower the mayor and aldermen of Calhoun to convey by deed to D. L. Gardner a parcel of the town commons.
Also a bill to provide a new charter for the town of East Point.
Also a bill to authorize the. city of Lavonia to establish a system of public schools.
The following message was received from the Senate through Mr. N orthen, Secretary thereof :
Mr. Speaker:
The Senate bas passed, as amended, by the requisite constitutional majority, the following House bills, to wit:
A bill to create a city court for Wrightsville.
Also a bill to amend the charter of the town of Fairburn.
The Senate has passed, by the requisite constitutional majority; the following Senate bills, to wit:
A bill to amend the charter of the city of Athens.
. Also a bill to provide for maintenance and repair of bridge across the Flint river, in Macon county, known as the Upper or Montezuma bridge.
41 bj

}.QU'RNAI. OP. 'l'H~ HooSJt,
Also a bill to amend an Act to create in the Treasury Department of the State of Georgia a bank bureau.
The following message was received from the Senate through Mr. Northen, Secretary. thereof :
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority, the following House bill, to wit:
A bill to create a board of commissioners of roads and revenues for Appl!ng county.
The following bill, proposivg an amendment to the Constitution, was offered:
By Mr. Hall of Bibb-
The following amendment to the Constitution is hereby proposed by the House of Representatives of the General Assembly of said State:
That article seven ( 7), section six (6). of the Constitution of said State be amended as follows, to wit:
By adding to paragraph two ( 2) of said section and article the following words, to wit: "To pay the county police, and to provide for necessary sanitation."
That when the above and foregoing amendment has been agreed to by two-thirds of the members of each House of the present General Assembly, it shall be the duty of the Governor, and he is, hereby directed to cause the same to be published in one or more newspapers in each Congressional district in this State two months before the next general election; and the Governor of this State is further required and directed after having said amendment so published as aforesaid to submit the same to the people at the said next general election for their

MoNOAY, AUGUST J, 1908.

i43

ratification or rejection. The form of such submission shall be as follows, to wit: "For ratification of am~nd ment to article 7, section 6 of the Constitution." "Against ratification of amendment to article 7, section 6 of the Constitution."

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 the vote was as follows :

Those voting in the affirmative were Messrs.;-

Adams of Chatham, Covington,

Adams of ltlbert,

Cowan,

Adkins.

Crawford,

Alexander,

Daniel,

Anderson of Bulloch, Davison,

Anderson of Cobb, Dean,

Arnold,

Donalson,

Ashley,

Dorminy,

Atkinson,

Dunbar,

Austin,

Duggan,

Ballard,

Dykes,

Barksdale,

Edmondson,

l3arrett,

Estes,

Barrow,

Fagan,

.Bell,

Flanders,

Berry,

Flannigan,

Blackba1"1'1;

Foster,

Boyd,

Fowler,

Brown of Carroll, Fraser,

:Burwell,

Frier,

Butt,

Fullbright,

Calbeck,

Glenn,

Candler,

Godley,

Cannon,

Goode,

Otamfee,

Guyton,

Clark,

Hall,

Collum,

Hamilton,

Co()k of Chat'hoochee, Hardeman.

Harris, Haywood, Heard, Hines, Holder, Howard, Hulf, Huie, Jackson, Johnson of }elf Davis, Johnson of Towns, Jones of Meriwether, Keith,
Kendall, Kendrick, Lee, Lively, Lumsden, Lunsford; MacFarland, McCarthy, McMahan, McMichael, Martin, Massengale. Maxwell, Mays, Mercer,

jOURNAl. OF THE HOUSE,

Moore, Morris, Nix, Nowell, Odum, Orr, Parrish, Payton, Perry, Persons, Powell, Reid of Macon, Reid of Putnam, Rogers, Russell,

Ryals, Shaw, Sheffield, Slade, Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Stubbs, Sumner, Taylor of Sumter, Terrell, Thorne, Tift,

Townsend, Tracy, Trent, Tyson, Walker of Milton, Walker ofWash'ton, Ward, Watkins, White of Madison, White of Screven. Whitley, Wilson, Wise, Wright of Richmond, _Young,

Those .;oting in the negative were Messrs.-

Burkhalter, Clifton, Cooke of Thomas,

Edwards, Ellison, Me Williams,

Pope of Dade, Taylor. o f Appli~g. Wright of Floyd,

Those not voting were Messrs.-

Adams of WilkinsQn, Geer,

Allen,

Gibson,

Atwater,

Hill,

Bond,

Hubbard,

Bowen,

Hullender,

Brown of Oglethorpe, Johnson of Jasper,

Buchannon,

Jones of Mitchell,

Callaway,

Matthews,

Cook of Telfair,

Mcintyre,

Couch,

McMullan,

Crumbley,

McWilliams,

Culbreth,

Mundy,

Davis,

Parker,

Dickey,

Peterson,

Eaves,

Pope of Brooks,

Furr,

Price of Bartow, Price of Oconee, Reid of Wilcox, Rountree, Simmons, Strickland, Swilling, 'fhurman, Tuggle, Walker of Lownd.es, Warnell,
Williams, -Wootten, Wynne, Mr. Speaker.

By unanimou-s consent the verification of the r.oll-call

was dispensed with.



-.

On the passage of the bill the ayes were' I-29, nays 9

645
The bill having received the neCessary two-thirds majority was passed, and on motion of Mr. Hall was or~ered immediately transmitted to the Senate.
Mr. Donalson moved that the last five minutes of the session be devoted to the reading of reports of standing committees, and the introduction of new matter, which motion prevailed.
The following continuing special order was read the third time and put upon its passage, to wit :
By Mr. Fraser of Liberty-
A bill to provide for the propagation and protection of game and fish, for the appointment of a State game warden and deputy wardens, and for other purposes.
On motion of Mr. Fraser the Speaker resolved the House into a committee of the wh_ole for a consideration of the bill and designated as chairman Mr. Hall of Bibb.
After considering the bill the committee arose and through its chairman reported progress and asked leave to sit again.
By unanimous consent the following bill was read the third time and put upon its pass~ge, to wit :
By Mr. Godley of Camden-
A bill to repeal an Act to create county courts in this State so far as the same applies to the county of Camden.
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 o.

646

JouliNAI. o:It TH Ho:us,

The bill having received the requisite constitutional majority was passed.

The following resolution was read and unanimously adopted, to wit:

By Mr. Boyd of Spalding-

A resolution extending the sympathy of the House to Ron. J. J. Flynt, President of the Senate, in the death of his father.

The following bills were taken up and the Senate amendments concurred in, to wit:

By Mr. Flanders of JohnsonA bill to create the city court of Wrightsville.

The Senate proposed to amend section 6 by striking all of said section after word "that" in line 2 and before the word "hold" in line 4, and inserting the words, "J. M. Walker be, and he is, hereby made clerk of said city court, and he shall."

To amend section 7 by striking all of said section after word "that" in line 2 and before word "whose" in line 4, and inserting the following: "S. J. Moye be, and he is, hereby made sheriff of said city court."

By Mr. Smith of CampbellA bill to amend the charter of the town of Fairburn.

The Senate proposed to amend by striking all of section 9 and substituting the following:
"Sec. 9 Al.l children between the ages of six and eighteen years who are bona fide residents of said town with

MoNDAY, AuGusT 3, 1go8.

their parents or guardians, shall.be entitled to the benefits of said schools, and no such child or children shall be required to pay any tuition, but the board of education shall require children who are over the above-mentioned school age and children living outside the corporate limits of said town to pay tuition for and during the school term provided by the board in such sum as said board shall fix. All such tuition shall be used for the maintenance of said public school system and must be used and accounted for in the same manner as any other funds."

Mr. Donalson, chairman of the Committee on Counties and County Matters, submitted the following report :

Mr. Speaker:

Your Committee on Counties and County Matters has had nnder consideration the following House bills, and as its chairman I am instructed to report to the House that the committee recommends that all of them do pass :

House bill No. 921.

House bill No. I I I 5

House bill No. I I23.

. I~-'

House bill No. I 124.

Respectfully submitted.

ERLE M. DoNALSON, Chairman. This August 3, 1908.

Mr. Blackburn, chairman of the Special Judiciary Committee, submitted the following report :

}OURNAL OF TH:It HOUS!,
Mr. Speaker:
'.!
Your Committee on Special Judiciary has had under consideration House bill No. 1100, entitled an Act to authorize certain cities to commit certain persons to farms and other places designated, and as its chairman I am directed to report the same back with the recommendation that it do pass.
R. B. BLACKBURN, Chairman.
The Speaker appointed the following committee of conference on anti-lobbying bill :
Messrs. Wright of Floyd, Alexander, Covington.
The Speaker then announced the House adjourned until9 o'clock to-morrow morning.

ATLANTA, GA.,

' ..

Tuesday, August 4, 1908.

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 of Ghatham, Adains of Elbert, Adams of Wilkinson, Adkins, Alexander, Allen,

Anderson of Bulloch, Anderson of Cobb, Arnold, Ashley, Atkinson, Atwater,

Austin, Ballard, Barksdale, Barrett, Barrow, Bell.

Tuaso1\v,-AucusT ~4; 1908.

649

Berry,

Flannigan,

McMichael,

Blackburn,

Foster,

McMullan,

Bond,

Fowler,

McWilliams,

Bowen,

Fraser,

Martin,

Boyd,

Frier,

Massengale,

Brown of Carroll,

Fullbright,

Maxwell,

Brown of Oglethorpe, Furr,

Mays,

Buchannon,

Gee.r,

Mercer,

Burkhalter,

Gibson,

Moore,

Burwell,

Glenn,

Morris,

Butt,

Godley,

Mundy,

Calbeck,

Goode,

Nix,

Callaway,

Guyton,

Nowell,

Candler,

Hall,

Odum,

Cannon,

Hamilton,

Orr,

Chamlee,

Hardeman,

Parker,

Clark,

Harris,

Parrish,

Clifton,

Haywood,

Payton,

Collum,

Heard,

Perry,

Cook of Chat'hoochee, Hill,

Persons,

Cook of Telfair,

Hines,

Peterson,

Cooke of Thomas, Holder,

Pope of Brooks,

Covington,

Howard,

Pope of Dade,

Couch,

Hubbard,

Powell,

Cowan,

Huff,

Price o Bartow,

Crawford,

Huie,

Price of Oconee,

Crumbley,

Hullender,

Reid of Macon,

Culbreth,

Jackson,

Reid of Putnam,

Daniel,

Johnson of Jasper, Reid of Wilcox,

Davis,

Johnson of Jeff Davis, Rogers,

Davison,

Johnson of Towns, Rountree,

Dean,

Jones of Meriwether, Russell,

Dickey,

Jones of Mitchell,

Ryals,

11onalson.

Keith,

Shaw,

Dorminy,

Kendall,

Sheffield,

Dunbar,

Kendrick,

Simmons,

Duggan,

Lee,

Slade,

Dykes,

Lively,

Slater,

Eaves,

Lumsden,

Smith of Calhoun,

Edmondson,

Lunsford,

Smith of Campbell,

Edwards,

Matthews,

Stephens,

Ellison,

MacFarland,

Stewart,

Estes,

McCarthy,

Strickland,

Fagan,

Mcintyre,

Stubbs,

Flanders,

McMahan,

Sumner,

/

650

JoURNAL OP THlt HOUSI.

Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thome, Thurman, Tift, Townsend, Tracy, Trent,

Tuggle,

Whitley,

Tyson,

Williams,

Walker of Lowndes, Wilson.

.Walker of Milton, Wise,

Walker of Wash'ton, Wootten,

Ward,

Wright of Floyd,

Warnell,

Wright of Richmond,

Watkins,

. 'Wynne,

White of Madison, Young,

White of Screven, Mr. Speaker.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

Mr. Candler asked unanimous consent that all bills and resolutions favorably reported by the Committee on Appropriations be made the special continuing order for Thursday morning, August 6th, immediately after the confirmation of the Journal, which was granted.

By unanimous consent the following Sen3;te bill was read the second time, to wit:

By Mr. Felder of 22d district-
A bill to quiet the title to real estate in Georgia held under foreign wills.

By unanimous consent the following resolution was read the third time and put upon its passage, to wit:

By Mr. Tracy of Webster-
A resolution to pay pension due Mrs. E. J. Coker to
A. M. Johnson, her son-in-law.

An appropriation being involved, the Speaker resolved the House into a committee of the whole and designated as chairman Mr. Dean of Floyd.

After a consideration of the resolution the committee arose, and through its chairman reported the same do pass:
The report of the committee was agreed to.

On the passage of the resolution the ayes and nays were ordered, and on taking the ballot viva voce the vote wa~ as follows:

Those voting in the affirmative were Messrs.-

Adams of Chatham, Estes,

Mays,

Adams of Elbert,

Flanders,

Mercer,

Adams of Wilkinson, Foster,

Moore,

Adkins,

Fowler,

Morris,

Alexander,

Fraser,

Nowell,

Anderson of Cobb, Frier;

Orr,

Arnold,

Furr,

Payton,

Atkinson,

Glenn,

Persons,

Austin,

Godley,

Pope of Dade,

Ballard,

Guyton,

Powell,

Barksdale,

Hamilton,

Price of Oconee,

Barrett,

Heard,

Reid of Macon,

Bowen,

Hines,

Reid of Putnam,

Brown of Carroll, Holder,

Rogers,

Brown of Oglethorpe. Hullender,

Ryals,

Buchannon,

Johnson of Jeff Davis, Shaw,

Butt,

Johnson of Towns, Simmons,

Calbeck,

Jones of Meriwethet" Slade,

Candler,

Kendall,

Slater,

Chamlee,

Kendrick,

Smith of Campbell,

Cooke of Thomas, Lee,

Stephens,

Covington,

Lively,

Strickland,

Cowan,

Lumsden,

Sumrier,

Davison,

. Matthews,

Taylor of Appling,

Dean,

MacFarland,

Taylor of Sumter,

Dickey,

McCarthy,

Terrell,

Dorminy,

McMahan,

Thome,

Duggan;

McMullan,

Thurman,

Dykes,

McWilliams,

Tracy,.

Faves,

Martin,

Trent,

Edmondson,

Massengale,

Tuggle,

Ellison,

Maxwell,

Tyson,

JouRNAL oF 'rHt HousE,

Walker of Milton, Watkins,

Walker of Wash'ton, Whitley,

Ward,

Wilson,

Wright of Richmond, Young,

Those voting in the negative were Messrs.-

Allen,

Crawford,

Anderson of Bulloch, Culbreth,

Berry,

Daniel,

Boyd,

Edwards,

Burkhalter,

Fagan,

Cannon,

Flannigan,

Clifton,

Harris,

Collum,

Haywood,

Cook of Chat'hoechee; Hill,

Howard, Huff, Mcintyre, Parrish, Stubbs, Swilling, Townsend, White of Screven, Wootten,

Those not voting were Messrs.-

Ashley, Atwater, Barrow, 'Bell, Blackburn, Bond, Burwell, -callaway, Clark, Cook of Telfair, Couch, 'Crumbley, Davis, Donalson, Dunbar, Fullbright, -Geer, Gibsou,

Goode, Hall, Hardeman, Hubbard, Huie, Jackson, Johnson of Jasper, Jones of Mitchell. Keith, Lunsford, McMichael, Mundy, Nix. Odum, Parker, Perry, Peterson,

Pope of Brooks, Price of Bartow, Reid of Wilcox, Rountree, Russell, Sheffield, Smith of Calhoun, Stewart, Tift, Walker of Lowndes, Warnell, White of Madison, . Williams, Wise, Wright of Floyd, Wynne, Mr. Speaker.

The roll-call was verified and on counting the votes cast it was found that the ayes were 104, nays 27.

The resolution having received the requisite constitutional majority was passed.
The following privilege resolution was read and adopted, to wit:

TutsoAY, AuGuST 4. 1908.
By Mr. Persons-
A resolution instructing the committee of the whole to report the game and fish bill back to the House by 10.30
. o'clock, and that a vote be then taken thereon.
The. following message was received from the Senate through Mr. Northen, Secretary thereof:
Mr. Speaker: The Senate has passed by th~ requisite constitutional
majority the following House bill,. to wit:
A bill to amend an Act to incorporate the town of Hoschton, in the county of Jackson.
The Senate has passed by the requisite constitutional majority the following Senate bill,.to wit:
A bill to provide for resurvey of disputed county lines.
On motion ofMr. Fraser of Liberty ~e following spe:cial order was taken up for a further consideration of the House, to wit:
By Mr. FraserA bill providing for the preservation, propagation and
protection of game and fish in this State, and for other purposes.
The Speaker again resolved the House into a committee of the whole, and Mr. Hall of Bibb, its former chairman, resumed the chair.
After a consideration of the bill the committee arose and through its chairman reported the same back with the recommendation that it do pass as amended.

.JottRNAL ot 'tH~t Hous,

The previous question was called and the main question ordered.

The report of the committee 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 follows:

Those voting in the affirmative were Messrs.-

Adams of Chatham, Fraser,

Powell,

Adams of Elbert,

Frier,

Reid of Putna"

Adkins,

Furr,

Rogers,

Alexander,

Glenn,

Russell,

Allen,

Guyton,

Ryals,

Anderson of Bulloch, Hamilton,

Shaw,

Atkinson,

Heard,

Sheffield,

Ballard,

Huff,

Slade,

Barksdale,

Huie,

Slater,

Barrow,

Johnson of Jeff Davis, Smith of Campbell,

Bell,

Lively,

Stubbs,

Blackburn,

Lumsden,

Sumner,

Brown of Oglethorpe, Matthews,

Thorne,

Buchannon,

MacFarland,

Tift,

Burwell,

McMichael,

Tracy,

But!,

McMullan,

Tuggle,

Candler,

Martin,

Tyson,

Clifton,

Massengale,

Ward,

Cook of Telfair,

Moore,

White of Screven,

Daniel;

Morris,

Wise,

Dean,

Orr,

Wright of Floyd,

Duggan,

Payton,

Wright of Richmond.

Fagan,

Perry,

Young,

Flannigan,

Persons,

Those voting in the negative were Messrs.-

Adams of Wilkinson, Anderson of Cobb, Ashley, Austin.-
Barrett,

Berry, Bowen, Boyd, Brown of Carroll, Burkhalter,

Calbeck, Cannon, Chamlee, Clark,
Collum,

TUSDAY, AUGUST 4j Igo8.

660

'Cook of Chat'hooobee, Hardeman.

Cooke of Thomas, Harris,

Covington.

Haywood,

Cowan,

Hill,

Crawford,

Hines,

Culbreth,

Holder,

~Davis,

Howard,

Davison,

Hullender,

Dickey,

Jackson.

Don:tlson,

Johnson of Towns,

.Dykes,

Jones of Meriwether.

:Eaves,

Keith,

Edwards,

Kendall,

.Ellison,

Kendrick,

.Estes,

Lee,

.Flanders,

McCarthy,

Fowler,

Mcintyre,

Godley,

McMahan,

.COOde,

Me Williams,

Hall,

Odum,

Parker, Parrish, Pope of Dade, Price of Oconee, Reid of Macon, Stephens, Stewart, Strickland, Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thurman. Townsend, Trent, Walker of Milton, Walker of Wash'ton, Watkins, White of Madison, Wootten,

Those not voting were Messrs.-

.Arnold, Atwater, 'Bond, <Callaway, Couch, -crumbley, Dorminy, Dunbar, :Edmondson, Foster, Fullbright, Geer, Gibson,

Hubbard, Johnson of Jasper, Jones of Mitchell, Lunsford, Maxwell, Mays, Mercer, Mundy, Nix, Nowell, Peterson, Pope of Brooks,

Price of Bartow, Reid of Wilcox, Rountree, Simmons, Smith of Calhoun, Walker of Lowndes, Warnell, Whitley, Williams, Wilson, Wynne, Mr. Speaker.

By unanimous consent the verification of the roll-call -was dispensed with.

On the passage of the bill the ayes were 71, nays 75

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

656

]OUllNAI. OP TB~ HOUSIC~

On motion of Mr. Heard the session of the House was extended three minutes for the purpose of reading Senate bill No. I85 the first time.
Mr. Parker, chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker:

The Committee on Enrollment have examined andreport as properly enrolled, duly signed and ready to be delivered to the Governor the following Acts, to wit:
An Act to repeal an Act of the General Assembly, approved August 29,1879, incorporating the town of Eatonton.
An Act to ct<eate and establish a new charter for the city of Eatonton.
By unanimous consent the session was extended for ten minutes for the purpose of :
I. Reading Senate bills first and second time. 2. Reports of standing committees. 3 Introduction of new matter. 4 Reading general bills, local application.

The following resolution was read, to wit:

By Mr. Wise-

A resolution to fix House bill I 108 as a special order.. with instructions to Committee on Rules to report same.

Pending discussion of the above resolution the regular hour of adjournment arrived and the special order pre~

TuESDAY, Auousr 4, 1908.
viously fixed was taken up, which was the following Sen"
ate bill for first reading, to wit:
By Mr. Dean of Floyd-
A bill to amend an Act to create a bank bureau in fhe State Treasury Department.
Referred to Committee on Banks and Banking.
The session having been extended for the purpose, the following Senate bill was read the first time, to wit:
By Mr. Hays of 13th district-
A bill to provide for maintenance and repair of the bridge across Flint river in Macon county, known as Upper or Montezuma bridge.
Referred to Counties and County Matters Committee.
By Mr. Griffin of 21st district-
A bill to provide for resurvey .oi disputed county lines.
Referred to General Judiciary Committee.
By Mr. Hawes of 30th districtA bill to amend the charter of the city of Athens.
Referred to Committee on Corporations.
The following Senate bills were read the second time, to wit:
By Mr. Hardman of 33d districtA bill to provide for election of pension commissioner
by the people.
42 hj

658

JoURNAL OF 'tHE HOUSE,

By Mr. Felder of 22d district-

A bill to prescribe the duties of electric telegraph companies in receiving and transmitting messages.

By Mr. Hardman of 33d district-

A resolution urging Congress to establish a national health bureau.

By Mr. Williford of 28th district-

A bill to change the school year so as to begin September 1st and close August 31st.

By Mr. Stephens of the 1st district-

A bill to regulate compensation of judges of superior courts for services rendered outside their circuits.

By Mr. Weaver of 41st district-

A bill to prohibit unfair commercial discrimination be-

tween different sections.



By Mr. Williford of 28th district-

A bill to amend section 342 of the Penal Code.

The ten minutes extension of the session having ex:pired during the reading of Senate bills the second time, the Speaker announced the House adjourned until 9 . ~'clock to-morrow morning.

\VEDNE:SDAY, AuGUST 5, 19o8.

659

ATLANTA, GA.,
Wednesday, August 5, 19Q8.
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.
On motion of Mr. Wright -of Floyd the roll-call was dispensed with.
. By unanimous consent the reading of the Journal of yest~rday's proceedings was dispen~ed with.
By unanimous consent Mr. Perry, chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. Speaker.:
The Committee on Amendments to the Constitution baving under consideration the bills hereinafter mentioned beg to report as follows :
That Senate bill No. 63, which was recommitted, do pass as amended.
That House bill No. g88 do pass as amended.
Respectfully submitted. H. H. PERRY, Chairman.
By unanimous consent the following resolution was read the second time, to wit:

660

JouRNAL oF TH~ Hous~~

By Mr. Candler-

A resolution to pay expenses incurred by special joint committee to. investigate the Prison Commission, etc.

By unanimous consent the following Senate bill was read the third time and put upon its passage, to wit:

By Mr. Henderson of I 5th district-

A bill to be entitled an Act to amend section 3, article 3 of the Constitution of this State, which provides for the number of members of t"he House of Representatives, by striking out paragraph I of said section of said article as amended by an Act approved July 27, I904, and substituting in lieu thereof a paragraph allowing an increase in the number of members of said House and naming the counties now entitled to more than one representative, thus giving representation to Ben Hill county.

Section I. Be it enacted by the General Assembly of the State of Georgia, that paragraph 1 of section 3, article 3 of the Constitution of Georgia, as amended by an Act approved July 27, I904, is hereby amended by being stricken and having in lieu thereof the following substituted:
"Paragraph I. The House of Representatives shall consist of not more than 184 representatives, apportioned among the several counties as follows, to wit: To the six counties having the largest population, viz.: Chatham,. Bibb, Floyd, Fulton, Richmond and Thomas, three representatives each; to the twenty-six counties having the next largest population, viz.: Bartow, Bulloch, Burke, Cobb, CarroH, Coweta, DeKalb, Decatur, Dooly, Elbert~ Emanuel, Gwim1ett, Hall, Houston, Jackson, Laurens~

WEDNESDAY, AuGUST 5, 1908.

661

Lowndes, Meriwether, Monroe, Muscogee, Sumter, TattTI?ll, Troup, Walton, Washington and Wilkes, two ( 2) representatives each, and to the remaining counties one representative each."
Sec. 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds of the members elected to each House, it shall be entered upon the Journal of each House with the yeas and nays thereon, and published in one or more newspapers in each Congressional district in said State for two ( 2) months previous to the time for holding t;1e next general election, and shall, at said next general election, b,e submitted to the people for ratification in the f...,llowing form, to wit: "For ratification," or "Against rait6cation,'' and if a majority of the electors qualified to vote fvr members of the General Assembly voting thereon shall vote for ratification, having written or printed on their ballots "For ratification," which votes cast at said election shall be cvnsolidated as now required by law in elections for members of the General Assembly and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result of said election by publication of results of said election in one or more riewspapers in each Congressional district of the State.
The committee proposed to amend section 1 by striking .out all after the word "amended" in the 4th line and substituting the following: By striking "183 representatives" in the said p~r:aph of the Constitution as amended and substituting "184 representatiyes."
The abOve :amendment was adopted.

66~

JOURNAL OF THE HoUSE,

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

On the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Adams of Chatham, Davis,

Adams of Elbert,

Davison,

Adkins,

Dean,

Alexander,

Dickey,

Anderson of Bulloch, Dunbar,

Anderson of Cobb, Duggan,

Arnold,

Dykes,

Ashley,

Eaves,

Atkinson,

Edmondson,

Austin,

Edwards,

Barrett,

Ellison,

Barrow,

Estes,

Blackburn,

Flanders,

Bowen,

Flannigan,

Boyd,

Foster,

Brown of Carroll,

Fowler,

Brown of Oglethorpe, Fraser,

Buchannon,

Frier,

Burkhalter,

Fullbright,

Burwell,

Furr,

Butt,

Geer,

Cal beck,

Gibson,

Candler,

Glenn,

Cannon,

Godley,

Chamlee,

Goode,

Clark,

Guyton,

Clifton,

Hall,

Collum,

Hamilton,

Cook of Chat'hooehee, Harris,

Cook of Telfair,

Haywood,

Cooke of Thomas, Heard,

Covington,

Hines,

Couch,

Holder,

Cowan,

Howard,

Crawford,

Huff,

Culbreth,

Huie,

Jackson, Johnson of Jeff Davis, Johnson of Towns, Jones of Meriwether. Keith, Kendall, KenJrick, Lee, Lively, Lumsden, Matthews, MacFarland, McCarthy, Mcintyre; McMahan,. McMiehael, McMullan, Martin, Maxwell, Mays, Moore, Morris, Mundy, Nbc, Nowell, Odum, Orr, Parker; Parrish, Perry, Persons, Pope of Dade, Price of Oconee, Reid of Putnam, Reid of Wilcox, Rogers,

W:tnN:tSDAY, AucusT 5, 1908.

663."

Rountree, Ryals, Shaw, Simmons, Slade, Smith of Calhoun, Stephens, Stubbs, Sumner, Swilling, Taylor of Appling,

Taylor of Sumter, Terrell, Thorne, Thurman, Tracy, Trent, Tuggle, \Valker of Lowndes, Walker of Milton, Walker of \Vash'ton, Ward,

Warnell, Watkins, White of Madison,. White of Screv"en, Williams, Wilson, Wise, Wootten, Wright of Floyd, Young,

Those not voting were Messrs.-

Adams of Wilkinson, Allen, Atwater, .Ballard, Barksdale, Bell, Berry, Bond, Callaway, Crumbley, Daniel, !)onalson, Dorminy, Fagan,

Hardeman, Hill, Hubbard, Hullender, Johnson of Jasper, Jones of Mitchell, Lunsford, McWilliams, Massengale, Mercer, Payton, Peterson, Pope of Brooks, Powell,

Price of Bartow, Reid of Macon, Russell, Sheffield, Slater, Smith of Campbell, Stewart, Tift, Townsend, Tyson, Whitley, Vvright :>f Richmond, Wynne,

By unanimous consent the verification of the roll-call was dispensed with.

On the passage of the bill the ayes were 140, nay~ o.

The bill having received the requisite two-thirds rna- . jority was passed as amended.

By unanimous consent the above bill was ordered im- . mediately transmitted to the Senate.

Mr. Adkins of Dooly moved that the session be extend~ ed for fifteen minutes for the purpose of reading committee reports.

664

JoURNAL OF TH Hous,

It was proposed to amend by adding that House and Senate bills be read a second time and that concurrence in Senate amendments to local house bills be also in order.

Mr. Alexander proposed as a substitute for the above motion the following resolution, to wit:

A resolution providing that until otherwise ordered there shall be an afternoon session for the purpose of
1. Reading all bills and resolutions second time. 2. Reading local bills and resolutions third time. 3 Reading general bills with local application third time.

Mr. Wise proposed to amend by adding to the above the reading reports of standing committees.

Mr. Davis of Houston proposed to amend by taKing up "local House bills for concurrence in Senate amendments.

The amendments were adopted.

The motion of Mr. Adkins was then adopted by substitute as amended.

The following message was received from the Senate through Mr. Northen, Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:

A bill to amend the charter of the town of Perry, in the . county of Houston.
A bill to abolish the county court of Hol)ston comity.

WEDNESDAY, AucusT 5, 1908.

665

The Senate has passed as amended, by the requisite <Constitutional majority, the following bill of the House, .to wit:
A bill to establish a city court in and for the county of Houston.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the folfowing bills of the Senate, to wit:
A bill to require a tax or license on all persons selling <>r soliciting orders for photographs, etc., in the county ;Qf Harris.
A bill to amend the charter of the city of Marietta.

A bill to repeal an Act incorporating the town of Battle Hill, in the county of Fulton.

A bill to repeal an Act incorporating the town of Edgewood in the county of DeKalb.

A bill to amend the charter of the city of Atlanta.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by the- requisite constitutional majority the following Senate bill, to wit:

A bill to regulate publication of legal advertisements

666

JouRNAL oF THE HousE,

in all counties having a population of not less _than 20,400-and not more than 20,500.
The following special order for this morning was taken up on motion of Mr. Foster, to wit:
By Mr. Foster of Cobb-
A bill to be entitled an Act to amend that part of section I of an Act entitled an Act to amend section I, article 7, paragraph I of the Constitution of Georgia, so as to extend the provision of said section, article and paragraph to the widows of Confederate soldiers who, by reason of age and poverty, or infirmity and p-overty, are unable to provide a living for themselves, and for other purposes," approved December 20, I899, which sets out that part of said paragraph I, section I, article 7 of theConstitution as amended relating to provision for exConfederate soldiers and their widows, by adding at the end of said section the following: "To make provision for the payment of any ex-Confederate soldier now resident of this State who enlisted in the military service of this State, or who enlisted from this State in the military service of the Confederate States during the Civil \Var between the States of the United States, and \vho performed actual military service in the armies of the Confederate States, or of the organized militia of this State, and who was honorably discharged therefrom ; and to the widows now resident of thisState of ex-Confederate soldiers who enlisted in the military service of this State, or who enlisted from this State in the military service of the Confederate States, and who performed actual service in the armies of the Confederate States, or of the organized militia of thisState, who died in said military service or was- honorably discharged therefrom, and for other purposes."

WEDNESDAY, AuGusT 5, 1908.

6.6T

Section- L Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section I of an Act approved December 20, I899, and entitled "an Act to amend section I, article 7, pa-ragraph I of the Constitution of Georgia, so as to ex- tend the provision of said section, article and paragraph to the widows of Confederate soldiers who, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living for themselves, and for other purposes," be, and the same is, hereby amended b.y adding at the end of said section the following: ."To make provisions for the payment of pensions to any ex-Confederate soldier now resident of this State who enlisted in the military service of this State, or who enlisted from this State in the military service of the Confederate States, during the Civil War between the States of the United States, and who performed actual military service in the armies of the Confederate States, or of the organized militia of this State and was honorably discharged therefrom; and to the widows now resident of this State of ex-Confederate soldiers who enlisted in the military service of this State, or who enlisted from this State in the military service of the Confederate States, and who performed actu11l service in the armies of the Confederate States, or of the organized militia of this State, who died in said military service, or was honorably discharged therefrom," so that that part of said section which sets out that part of paragraph I, section I, article 7 of the Constitution relating to the provision for ex-Confederate soldiers and their \vidows, as amended by said Act, when so amended, shall read as follows :
"To supply the soldiers who lost limb or limbs in the military service of the Confederate States with substantial artificial limbs during life; and make suitable provisions

<668

JoURNAL OF THE HousE,

for such Confederate soldiers as may have been otherwise disabled or permanently injured in such service. or who may by reason of age and poverty or blindness and poverty are unable to pi-.wide a living for t!1emselves, and for the widows of such Confederate soldiers as may have died in the service of the Confederate States, or since. from wounds received therein, or disease contracted in the service, or who, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living for themselves; provided, that the Act shall only apply to such widows as were married at the time of such service and have remained unmarried since the death of such soldier husband; to make prodsion for the payment of pensions to any ex-Confederate soldier now resident of this State who enlisted in the military service of this State, or who enlisted from this State in the military service of the Confederate States, during the Civil \Var between the States of the United States, and who performed actual military service in the armies of the Confederate States, or of the organized militia of this State and was honorably discharged therefrom; and to the widows now resident of this State of ex-Confederate soldiers who enlisted in the military service of this State, or who enlisted from this State in the military service of the Confederate States, and who performed actual service in the armies of the Confederate States, or of the organized militia of this State, who died in said military service or was honorably discharged therefrom."
Sec. 2. Be it further enacted, That if this amendment shall be agreed to by two-thirds of the General Assembly of each House, the same shall be entered on their Journals with the yeas and nays taken thereon, and the Governor shall cause the amendment to be published in one or. more of the newspapers in each Congressional district for two

WEDNESDAY, AuGUST 5, 1908.

66~

months immediately preceding the next general election, and the same shall be submitted to the people at.the next general election, and the voters thereat shall have written or printed on their tickets, "For ratification of article 7, section r, paragraph I of the Constitution of this State," or "Against ratification of article 7, section I, paragraph I of the Constitution of this State," as they may choose, and if a majority of the electors qualified to vote for members of the General Assembly, voting, shall vote in favor of ratification then said amendment shall become a part of said article 7, section I, paragraph I of the Constitution of this State, and the Governor shall make a proclamation thereof.
Sec. 3 Be it further enacted, That all laws and parts of laws in conflict with this :\.ct be, and they are, hereby repealed.

On motion of Mr. Foster the House reconsidered its action in having agreed to the report of the committee.

Mr. Foster then moved that the House reconsider its: action in adopting the following amendment when the bill was first up for consideration on July I 5th.

By Mr. Thurman-
To amend by adding the following to the end of section I of the bill as amended : "Provided, that the provisions of this Act shall not extend to any soldier or widow of Confederate soldier whose property exceeds $r ,ooo, or whose income is more than $300.00 per year."

The motion to reconsider the abme amendment prevailed.

. -670

JouRNAL oF THE HousE,

The amendment was again put to the House and .adopted.
The following amendment was adopted :

.By Mr. Alexander-

To amend by adding to end of section 1 the following: '"''Whenever it shall be necessary to appropriate more than $I,ooo,ooo a year for pensions, such ad valorem tax may be levied in addition to the constitutional limit as shall be .necessary to raise the amount of such excess."

Mr. Perry of Hall moved that the House reconsider its .action in adopting the above amendment, which motion prevailed.

The amendm~nt was again put to the House, and on its

.adoption Mr. Hall of Bibb called the ayes and nays, which

was as follows :

'

Those voting in the affirmative were Messrs.-

Adkins,

Davison,

.Alexander,

Dean,

Arnold,

Dickey,

Atkinson,

Donalson,

Boyd,

Dunbar,

Buchannon,

Duggan,

Burkhalter,

Eaves,

"Burwell,

Edwards,

Candler,

Flanders,

Chamlee,

Foster,

Clifton,

Fraser,

<Cook of Chat'hoochee, Frier,

Cooke of Thomas, Fullbright,

Covington,

Furr,

Couch,

Gibson,

Daniel,.

Glenn,

Davis,

Hamilton.

Hardeman, Harris, Haywood, Heard: Hines, Holder, Howard, Huie, Hullender, Jackson, Johnson of Towns, Jones of Meriwether. Keith, Kendall, Ket!flrick, Lively, Mcintyre,

s, WEDNESDAY, AUGUST

1908.

671

:McMullan, .MeWilliams, :Massengale,
M~rcer,
Nowell, Orr, .Reid of Putnam, Rogers, "Rountree,

Russell, Slater, Smith of Campbell, Stubbs, Sumner, Swilling, Taylor of Sumter, Thurman, Townsend,

Tyson,
:Walker of Wash'ton, Ward, Watkins, White of Screven, Whitley, Wootten, Wright of Floyd,

Those voting in the negative were Messrs.-

Adams of Elbert, .Adams of Wilkinson, Allen, Anderson of Bulloch, Anderson of Cobb, Ashley, Austin, Ballard, Barksdale, Barrow, Blackburn, Bowen, Brown of Carroll, Brown of Oglethorpe. Butt, Calbeck, {'aliaway, Cannon, -clark; Collum, Cook of Telfair, Cowan, Crawforrl,. Culbreth, Dykes, Edmondson, Ellison,

Estes,

Pope of Dade,

Flannigan,

Powell,

Fowler,

. Price of Oconee,

Godley,

Reid of Wilcox,

Goode,

Ryals,

Guyton,

Shaw,

Hall,

Simmons,

Hill,

Slade,

Huff,

Smith of Calhoun,

Johnson of Jeff Davis, Stephens,

Lee,

Stewart,

Lumsden,

Strickland,

Lun.;ford,

Taylor of Appling,

Matthews,

Terrell,

MacFarland,

Thorne,

McCarthy,

Tift,

McMahan,

Tracy,

McMichael,

Trent,

Martin,

Walker of Lowndes,

Maxwell,

Walker of Milton,

Mundy,

Warnell,

Nix,

White of Madison,

Odum,

Wilson,

Parker,

Wise,

Parrish,

Wright of Richmond,

Perry,

Wynne,

Persons,

Young,

Those not voting were Messrs.-

Adams of Chatham, Atwater, Barrett.

Bell, Berry, Bond,

Crumbley, Dorminy, Fagan,

672

JOURNAL OF THE Housr;,

Geer, Hubbard, J ohn5on of Jasper, Jones of Mitchell, Mays,

Moore, Payton, Peterson, Pope of Brooks, Price of Bartow,

Reid of Macon, Sheffield, Tuggle, Willijlms, Mr. Speaker.

The roll-call was veritled and on counttng the votes
it was found that the ayes were 77, nays 81. The amend-
ment was, ther~fore, lost.

The committee proposed to amend as follows :

To amend caption by striking all that part which occurs after the words "a bill to be entitled an Act to amend," and inserting tn lieu thereof the following: "Paragraph I, section I, article 7 of the Constitution of this State, so as to proYide for the payment of pensions to ex-Confederate soldiers and the widows of ex-Confederate soldiers, arcl for other purposes."

Also,
To amend section I by striking all that part between the enacting clause and line 38, and inserting in lieu thereof the following: "That paragraph 1, section 1. article 7 of the Constitution of this State be, and the same is, hereby amended by adding at the end of said paragraph the follO'INing."

Also,
To amend section 2 by adding the words, "of amendment" after word "ratification," in lines 8 and 10 of said section, and by adding in parenthesis the words "for payment of pensions to ex-Confederate soldiers and widows of ex-Confederate soldiers," between lines 9 and 10 of said section; and by adding in parenthesis the words "against payment of pensions to ex-Confederate

WEDNESDAY, AUGUST 5, Igo8.

673

soldiers and widows of ex-Confederate soldiers be- . tween words "State" and "as," in line I I of said sec, tion.
Also,
To amend by adding at the end of section I the following: "Provided that no person shall be entitled to the provision of this section the total value of whose property of every description, including money and cnoses in action, shall exceed $1,500; and provided further that only those widows who were married to such soldier or ex-soldier previous to the year 1870, shall be entitled to the provisions of this section," and by insetting in the caption next before last four words "and for other purposes," the following, "and prescnbing the persons entitled to the provisions of said section."

Mr. Foster proposed to amend the committee amendments by striking therefrom the words '"or caption thereof," and by inserting between the words "therefrom'~ and "and" on the 21st line of section 1, in lines 3, 4, 5, 6 and 7 of said amendment, and also the word "section,'' and by inserting in the caption next before the last four words the following, "and prescribing the persons entitled to the provisions of said section," in lines 21, 22. 23, 24, 25, 26, 27, 28 of said amendments, and inserting the words "constitutional amendment," in lieu of the word "section," in the 12th and 21st lines of said amendment.
Mr. Alexander proposed the following amendment~ which was adopted, to wit:

To amend by adding to section 1 the following: "No widow of a soldier killed during the war shall be de-
43 hj

~74

JouRNAL oF 'l'HE HousE,

prived of her pension by reason of having subsequently married another veteran who is dead, unless she receives a pension on account of being the widow of such second ltusband."

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

On the passage of the bill 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 of Elbert,

Collum,

Frier,

Adams of Wilkinsort Cook of Chat'hoochee, Furr,

Adkins,

Cook of Telfair,

Gibson,

.Allen,

Covington,

Glenn,

.Anderson of Bulloch, Couch,

Godley,

.Anderson of Cobb, Cowan,

Goode,

.-Arnold,

Crawford .

Guyton,

.Ashley,

Culbreth,

Hall,

.Atkinson,

Daniel,

Hamilton,

.Austin,

Davis,

Harris,

.Ballard,

Davison,

Haywood,

"~Barksdale,

Dean,

Heard,

Blackburn,

Dickey,

Hill,

Bowen,

Dunbar,

Hines,

Boyd,

Duggan,

Holder,

Brown of Carroll, Dykes,

Huff,

Brown of Oglethorpe. Eaves,

Huie,

Burkhalter,

Edmondson,

Hullender,

Burwell,

Edward~.

Jackson,

Butt,

Ellison,

Johnson of Jeff Davis,

calbeck,

Estes,

Johnson of Towns,

Callaway,

Flanders,

Kendall,

Cannon,

Flannigan,

Kendrick,

Chamlee,

Foster,

Lee,

Clark,

Fowler,

Lively,

Clifton,

Fraser,

Lum<sden,

WEDNESDAY, AUGUST 5, Igo8.

676

Lunsford, Matthews, McMahan, McMichael, McMullan, McWilliams, Martin, Massengale, Maxwell, Mays, Mercer, Mundy, Nix, Nowell, .Orr, Parrish, Perry, Persons, Pope of Dade, Powell, Price of Oconee,

Reid of Wilcox, Rogers, Rountree, Russell, Ryals,. Shaw, Simmons, Slade, Slater, Smith of Campbell, Stephens, Stewart, Strickland, Sumner, Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman,

Townsend, Tracy, Trent, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Richmoncl., Wynne, Young,

Those voting m the negative were Messrs.-

Alexander, Candler, Cooke of Thomas, Fullbright,

Howard, MacFarland, Mcintyre, Odum,

Reid of Putnam, Stubbs, Wright of Floyd,

Those not voting were Messrs.-

Adams of Chatham, Atwater, Barrett, Barrow, Bell, Berry, Bond, Buchannon, Crumbley, Donalson, Dorminy,

Fagan, Geer, Hardeman, Hubbard, Johnson of Jasper, Jones of Meriwether. Jones of Mitchell, Keith, McCarthy, Moore, Morris,

Parker, Payton, Peterson, Pope of Brooks, Price of Bartow, Reid of Macon, Sheffield. Smith of Calhoun, Tift, Tuggle, Mr. Speaker.

The roll-call was verified and on counting the votes it

676

JouRNAL oF THE HousE,

was found that on the passage of the bill the ayes were I39, nays I 1.
The bill having received the requisite constitutional majority was passed as amended.

The following resolution was read an1 adopted, to wit :

By Mr. Wright of Richmond-

A resolution that the Committee on Rules report as a special order for Thursday after special orders already set, House b1ll No. I 9
By unanimous consent the resolution by Mr. \Vis~, proposing to make the "near beer" bill a special order, was postponed until I2 :IS o'clock p.m.

ATLANTA, GA., August s. I908.
The following message was received from his excelltncy the Governor, through his secretary, Mr. Carter:
Mr. Speaker:
I am directed by his Excellency the Governot, to deliver to the House of Representatives a communication in writing.
STATE OF GEORGIA, ExEcuTivE DEPARTMENT,
ATLANTA, August 5, I908. To the Senate and House of Represe~tatives:
As your session is limited by the Constitution of the

s, W~PNESP.AY,. AUGUST I9o8.

677

State to fifty days, I feel that it i~ my duty to communi<eate with you with reference to the important legislation now pending before your bodies.
The necessity for wisely handling the convict question 'is so gn~at that it is entitled to the fullest time for thorQugh consideration.
I fear that it will be impossible for you to give to this subject rhe full consideration which you may desire between now and the close of the session without displadng many other important bills which are almost ready to be enacted into laws.
Under these circumstances I desire to assure you )f my perfed readiness to call an extra .session of the Legislature immediately after the close of the present session, at which you can act upon the convict question.
Without intending to question the importance o~ other bills to which I do not refer, permit me especially to call your attention to four matters of legislation pending before you upon which I urge the necessity for action :
First. Each of your bodies has passed an anti-lobby1ng bill. It remains for them to reach an agreement upon a measure which both may approve.
Second. There is pending before each of your bodies a primary election bill which, among other things, will fix rhe time for holding our State primaries at a date not earlier than sixty days before the date of the election.
Third. There is pending before each of your bodies a registration bill;
The enactment of new laws with reference to registration seems to be a necessity. At present all over the State tax-collectors have been in the habit of allowing men to .sign the voters lists without requiring the affi-
davit prescribed by law to be sworn to before names are

678

JouRNAL oF THE HousE,

signed to the lists. This custom naturally has led ;:o illegal registration. The work of the registrars under the present law is. postponed to such a date that rro benefit is derived from purging the voters books before our primaries. Indeed~ the work of the registrars is almost neglected.
After a vote 1's put into the ballot box it is almost impossible to get it out, whether it went into the ballot box legally or illegally. The time for protecting our elections and preserving to the qualified voters the right to control the affairs of the State is before the ballots go into the ballot boxes, and new registration laws to prevent illegal voting are absolutely necessary if the voters of Georgia are to have a fair opportunity to express their views, especially at our primary elections.
To these three pieces of legislation I especially call your attention and respectfully urge tha:t the work you have already done upon them be brought to completion. To postpone these suqjects to another legislature would require much of this work to be done over again.
Fourth. There are pending before you bills to appropriate money to t:>he State College of Agriculture and to the eleven district agricultural schools.
These institutions are of vast importance to the people of the State. They are in a critical condition. We must
give them support now. There are other matters before you upon which I
earnestly_ hope you may reach favorable action. But I can not too strongly express my commendation
of the four measures which I have mentioned.
HoKE SMITH, Governor.

By unanimous consent the following resolution was read and ordered to lay on the table for one day, to wit:

WEDNESDAY, AUGUST 5, 1908.

679

By Mr. McMahan of Clarke-
A resolution to pay the widow of George Houser, doorkeeper of the House, deceased, his per diem for thepresent session.

The following resolutions were read, to wit :
By Mr. Dean of FloydA resolution instructing the Committee on Rule.s t(}
prepare and arrange an order of business for the House.

The above resolution was adopted by the House and referred to the Committee on Rules."

By Mr. Barrow-
A resolution instructing the Rules Committee to fix House bills Nos. 848, 850 and 854 as special orders.

By Mr. Boyd-
A resolution instructing Rules Committee to fix as a special order House bill No. 896 for August 7th.
The instructions contained in the two foregoing resolutions were lost and they were referred to the Committee on Rules.
The following resolution, which was made the speciat order for 12:15 o'clock, was taken up for further consideration; the same having been under consideration when the hour of adjournment arrived on yesterday to w1.t:

By Mr. \Vise of FayetteA resolution to fix House bill No. II08 as a special

680

}OURNAL OF TH HouS,

Qrder for Wednesday, August 5th, and instructing Committee on Rules .to report at once.

The instructions were adopted and the resolution referred to Committee on Rules.

Mr. Butt of Fannin moved to reconsider the action of the House in adopting the resolution instructing t~1e Com~ mittee on Rules to prepare and arrange an order of business for the House, which motion prevailed.
The following resolution was read and adopted, ~o wit:

By Mr. Hall of BibbA resolution fixing the hours of the sessiOns of this
House as follows: From 9 o'clock a.m. to. 10 o'clock p.m. From 3 o'clock p.m. to 5 o'clock p.m.

In accordance with his previous notice, Mr. Hall moved to reconsider the action of the House in passing, on August 1st, House bill No. 1037. which motion prevailed.

The following message was received from the Senate through Mr. Northen, Secretary thereof:
Mr. Sp.eaker:
The Senate has concurred in the amendments of the House to the following bill of the Senate, to wit:
A bill to amend section 3, article 3 of the Constitution of this State, which provides the number of members of the House of Representatives.

s, WJmNESDAY, AucusT 1908.

6il

Mr. Parker, 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 the following Acts :
An Act to amend, consolidate and supersede the several Acts incorporating the city of Blue Ridge, in the -county of Fannin.
An Act to amend an Act establishing the city court of Newton, in and for Baker county.
An Act to authorize the mayor and council of Decatur to issue bonds for the purpose of enlarging and extending the waterworks system of said town.
An Act to establish a new charter for the town of Fairmount, in the county of Gordon.
An Act to repeal an Act approved September 23, 188r, establishing a new charter for the town of Franklin.
An Act to incorporate 'the city of Kingsland, Camden -county.
An Act to repeal an Act approved December 6, 1900, entitled an Act to repeal an Act to create a county court in each county in the State of Georgia, except certain -counties therein mentioned.
An Act to create a board of commissioners for the -county of Crisp.

682

JouRNAL olt THE HousE,

An Act to authorize 'and empower the mayor and: aldermen of the town of Calhoun, in Gordon county, tC'convey by deed to D. L. Gardner, a parcel of the town. common.

An Act to authorize the mayor and council of Decatur to issue bonds for buying real estate and erecting school buildings, and for other. purposes.

Leave of absence was granted Mr. Furr of Banks.

On motion of Mr. Blackburn the Speaker announced. the House adjourned until 3 o'clock this afternoon.

3 O'clock P.M.

The House reconvened at this hour and was c~:~-lled toorder by the Speaker.

Mr. Nowell moved to dispense with the roll call and no quorum having voted, rhe Speaker directed a call of the roll for the purpose of ascertaining if a quorum was. present and those answering to their names were as fol-lows:

Adams of Chatham, Adams of Elbert, Adams of Wilkinson, Adkins, Alexander, Allen, Anderson of Bulloch, Anderson of Cobb, Arnold, Ashley, Atkinson, Atwater, Austin,

Ballard,

Burkhalter,

Barksdale,

Burwell,

Barrett,

Butt,

Barrow,

Calbeck,

Bell,

Callaway,

Berry,

Candler,

Blackburn,

Cannon,

Bond,

Chamlee,

Bowen,

Clark,

Boyd,

Clifton,

Brown of Carroll,

Collum,

Brown of Oglethorpe, Cook of Chat'hoochee;.

Buchannon,

Cook of Telfair,

s. WEDNESDAY, AUGUST 1908.

683

Cooke of Thomas, Covington, Couch, Cowan, Crawford. Crumbley, Culbreth, Daniel, Davis, Davison, Dean, Dickey, Donalson, Dorminy, Dunbar, Duggan, Dykes, Eaves, Edmondson, Edwards, Ellison, Estes, Fagan, Flanders, Flannigan, Foster, Fowler, Fraser, Frier, Fullbright, Furr, Geer, Gibson, Glenn, Godley, Goode; Guyton, Hall, Hamilton, Hardeman, Harris, Haywood, Heard, Hill, Hine9,

Holder,

Pope of Brooks,

Howard,

Pope of Dade,

Hubbard,

Powell,

Huff,

Price of Bartow,

Huie,

Price of Oconee,

Hullender,

Reid of Macon,

Jackson,

Reid of Putnam,

Johnson of Jasper, Reid of Wilcox,

Johnson of Jeff Davis, Rogers,

Johnson of Towns, Rountree,

Jones of Meriwether, Russell,

Jones of Mitchell,

Ryals,

Keith,

Sha~,

Kendall,

Sheffield,

Kendrick,

Simmons,

Lee,

Slade,

Lively,

Slater,

Lumsden,

Smith of Calhoun,

Lunsford,

Smith of Campbell,

Matthews,

Stephens,

MacFarland,

Stewart,

McCarthy,

Strickland,

Mcintyre,

Stubbs,

McMahan,

~o.:... 'mner,

McMichael,

Swilling,

McMullan,

Taylor of Appling,

McWilliams,

Taylor of Sumter,

Martin,

Terrell,

Massengale,

Thorne,

Maxwell,

Thurman,

Mays,

Tift,

Mercer,

Townsend,

Moore,

Tracy,

Morris,

Trent,

Mundy,

Tuggle,

Nix,

Tyson,

Nowell,

Walker of Lowndes.

Odum,

Walker of Milton,

Orr,

Walker of Wash'ton.

Parker,

Ward,

Parrish,

Warnell,

Payton,

Watkins,

Perry,

White of Madison,

Persons,

White of Screven,

Peterson,

Whitley,

]oVRNAl. o.F TH~ Hous:e,

Williams, Wilson, Wise,

Wootten,

Wynne,

Wright of Fbyd,

Young,

Wright of Richmond, Mr. Speaker.

-Leave of absence was granted the Committee on Banks .and Banking from 3:30 to 4 o'clock p.m.

Leave of absence was also granted the House members -of the committee to investigate the Prisc_m Commission.

Leave of absence was granted Mr. Williams of Dodge from the afternoon session on account of sickness.
Under the order of business fixed this morning, the following bills were read the first time, to wit :
By Mr. Perry-

A bill to amend section I I6, volume I of the Code. Referred to General Judiciary Committee. By Mr. Davison of Greene-

A bill to amend an Act to create the office of commis:sioner of roads and revenues for Greene county.

Referred to Counties and County Matters Committee. By Mr. Perry-

il bill to amend section !039, volume 3 of the Code.

Referred to General Judiciary Committee.

By Mr. \Vhite of Screven-
A bt11 to create a system of public schools for the city -of Sylvania.



WEDNESDAY, AUGUST 5, 1908.

686

Referred to Special Judiciary Committee.

By Messrs. Heard and AdkinsA resolution to pay pension to Vv. H. Stanley.

Referred to Committee on Pensions.

By Mr. Williams of DodgeA resolution to pay pension due Gus ]. Grimsley.

Referred to Committee on Pensions.

By Mr. Shaw-
A resolution providing for the abolition of the Pdson Commission.

Referred to Committee on Penitentiary.

By Mr. Parker of Talbot-
A bill to amend an Act to incorporate the town of Junction City.

Referred to Committee on Corporations.

By Mr. Cook of Telfair-
A bill to amend an Act to create a board of commissioners of roads and revenues for the county of Telfair.

Referred to Counties and County Matters Committee.

By Mr. McMullanA bill to amend an Act to incorporate the town of
Bowersville. Referred to Committee on Corporations.

686

JouRNAL oF TH Hous,

By Mr. Boyd'A bill to allow city court judges to preside in any cit v
court as now allowed superior court judges.
Referred to General Judiciary Committee.

By Mr. Slade-
A resolu6on granting the Daughters of the Revolution exclusive right to put on sale a p(>stal card bearing the flag of Georgia.
Referred to Committee on State of Republic.

By Mr. Calbeck of GordonA resolution providing that beginning with Augmt
3d the House hold a session from 3 :30 to 5 :30 p.m. Referred to Committee on Rules.
Mr. Covington, chairman of the Committee on Railroads, submitted the following report:

ATLANTA, GA., August 5, 1908. Mr. Sp.eaker:
Your Committee on Railroads having had under consideration House bill No. 1101, beg leave to return the same with the recommendation that the same do pass as amended.
Your committee ~aving had under consideration House bill ~No. 16, beg leave to return the same to the Hou3e with recommendation that the same do pass as amended.
Also, that House bills Nos. 458, 1018 and 469 do pass. W. H. CoviNGTON, Ohafrman.

WEDNESDAY, AUGUST 5, 1908.

687

Mr. McMahan, vice-chairman of the Committee on Pensions, submitted the following report :
Mr. Speaker:
Your Committee on Pensions have had under consid.eration the following bills, which they report back to the House with recommendation that they do pass:
House resolutions Nos. 2I8, 258, 2I4, 62 and I02.
Also, House bills Nos. 46I and 908.
The committee reports back the following bills wid1 recommendation that they "do not pass" :
House resolutions Nos. 288, I23, 19, 6g, 259, 26, 230, 6, 255, III, I4Z, 70, I4I, 2I2, 2j3.
Also House bills Nos. 365, 637, 776, 814. ]. ]. C. McMAHAN, Vice-Chairman.

Mr. Wright of Richmond, chairman of the General Judiciary Committee, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary has had under consideration the following bill of the House and instruct me as their chairman to report same back with the recommendation that it do pass:
A bill to amend an Act to regulate the employment of chtldren in factories and manufacturing establishments.
Respectfully submitted.
BOYKIN WRIGHT, Chairman.

688

JouRNAl. Oil' THJ!; Hous~,

Mr. Fraser, chairman of the Committee on Public Library, submitted the following report:

Mr. Speaker:
Your Committee on Public Library having had under cons1'deration House resolution No. 296, instruct me as their chairman to report the same back to the House with the recommendation that it do pass.
Respectfully submitted. DoNALD FRASER, Chairman.

Mr. \Vise, chairman of the Committee on \Vays and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following House bills and instructs me as their chairman to report the same back with the recommendation that they do not pass, to wit:
House bill No. 878.
House bill No. I 108.

Respectfully submitted.

J. W. \VISE, Chairman.

Mr. Nowell, chairman ofCommittee on Corporations, submitted the following report:

Mr. Speaker:

Your Committee on Corporations has had under consideration the following bills of the House and direct me

W~DNESDAY, Aucus'l' 5, 1go8.

689

.as their chairman to report same back with the following recommendation, to wit :
DO PASS.
An Act to amend an Act incorporating the town of Pelham.
An Act to amend an Act incorporating the town of Norwood.
DO PASS BY SUBSTITUTE.

An Act to incorporate the town of Chamblee, in Dt..:. Kalb county.
Respectfully submitted, H. G. 1NOWELL, Chairman.
Mr. Blackburn, chairman of. the Committee on Special Judiciary, submitted the following report: Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following btlls and as its chairman 1 am requested to report the same with recommendations. as follows:
House bill I i03, entitled an Act to authorize the city of \Vest Point, in Troup county, to grant certain privileges to the A. & vV. P. Railroad Company, do pass.

House bill I I04, entitled an Act to authorize city of West Point to close Bridge street, do pass.

House bill I I I8, entitled an Act to aut-horize the town of Calhoun, in Gordon county, to sell certain property, do. pass.
bj

890

JoURNAl. OF THE HousE,

House bill I I09, entitled an Act to change the number

of county commissioners in and for Newton county, do

pass.

.

House bill No. I I 13. entide.d an Act to incorporate the

town of Buchanan. in Haralson county, do pass as

amended.

All of which is respectfully submitted.

R. B. BLACKBURN, Chairman.

The undersigned members of the special committee appointed to investigate certain charges made against the sub-committee of the penitentiary while inspecting the Bibb County Brick Company's convict camp submitted the following report, which was adopted :

SENATE CHAMBER, ATLANTA, GA.,
July 22, I9o8, 3 :30 P. M.
INVESTIGATION BY JOINT COMMITTEE OF SENATE AND HOUSE.
Senator Stephens, Chairman. Senator Peacock. Representative Atkinson, Secretary. Representative Adams of Elbert. Representative Johnson of Jeff Davis.
Joint Committee.
In the matter of investigation of certain charges con-cerning the conduct of the sub-committee of the Penitentiary Committee of the Senate and House while inspecting the Bibb Brick Company's convict camp.
D. 0. Smith, stenographer, Atlanta, Ga.

REI>ORT <>1" SUB-<:OMMITTitE.
of the Penitentiary Committee of the Senate and House .as to the Bibb Brick Company :
BIBB BRICK COMPANY.
"At this camp we found the beds that the c.:>nvicts were compelled to sleep on very dirty and not fit for any human being to sleep on, and so dirty and filthy as to be unsanitary. We also found that the beds were too short. The food was not well cooked or prepared, and the supply and quality very poor. The convicts were required to eat their meals in an .:>pen space where cold winds could blow upon them while eating their meals. They were required to work too hard, especially those at work where the green brick came out of the machine, the men having to rush to the utmost vf their ability all along to keep the brick out of the way as fast as they came out of the machine. Also in loading brick in cars for shipping, the convicts had to go in a trvt with wheelbarrows of brick.
We found fifty (so) felony men at this camp.
We found this camp in fairly good condition, except .as to beds and poorly cooked food.
SENATE CHAMBER, ATLANTA, GA.,
July 22, 1908, 3 :30 O'clock P. M.
In the matter of investigation of certain charges concerning the conduct of the Sub-Committee of the Peni-

692

JouRNAL oF THE HousE,

tentiary Committee of the Senate and House while inspecting the Bibb Brick Company's convict camp.
Senator Stephens : Gentlemen-This committee is organized under a resolution passed by the House and Senate looking to the investigation of certain charges made respecting the conduct of the sub-committee while inspecting the Bibb Brick Company's convict camp.
I will state that the joint committee of the Senate and House have met and organized by the election of W. B. Stephens, Senator from the First District, as Chairman, and Hon. Paul M. Atkinson of Morgan, as Secretary.
I think the first thing in order will be the reading of the resolution under which we are acting, and the secretary will please read the resolution.
Secretary Atkinson; by Mr. Edwards of Habersham:
WHEREAS, it is reported in the public press that Mr. John T. Moore of the Bibb Brick Company, charges drunkenness against Representatives Edwards, Powell and Bowen, and Senator Stapleton, composing the subcommittee of the Joint Penitentiary Committee of the General Assembly while on duty inspecting the convict camps in November, 1907; therefore, be it
Resolved, by the House of Repres'entatives, the Senate concurn'ng, That in order that the honor and dignity of the General Assembly may be maintained, and taat justice may be done all parties cuncerned, a committee of three from the House and two from the Senate be appointed by the Speaker and President of their respective bodies to investigate said charges and report to the House and Senate.

s. WltN~AY, AUGUS'l' Igo8. .

693

Chairman Stephens: And in pursuance of that resolution, the President of the Senate and Speaker of the House, respectively, appointed to serve on such committee:

Senators Stephens of the First District; Peacock ot the 14th District, and Representatives Atkinson of Morgan, Adains of Elbert, and Johnson of Jeff Davis.
Chairman Stephens: I desire to inquire if any person present, other than members of the committee, are present
and desire to be heard or to appear before the committee; if so we invite them to make themselves known, and we will be glad to hear from any such.
I will ask the Secreta~y if he has notified all parties at interest of this hearing?

Secretary Atkinson: I have, and I will read the form of notice:

ATLANTA, GA., July 16, 1908.

Mr. John T. Moore, Macon, Ga.
DEAR SIR: You are hereby notified that the committee appointed from the House and Senate to investigate the charges made by yourself against t!1e committee who investigated your convict camp last November, will meet in the Senate Chamber next Wednesday; July 22, at 3:30 p.m. for the purpose of investigating these charges and hearing all testimony.
It is the wish of the committee that as far as possible oral testimony be introduced.
Very truly yours, PAUL M. ATKINSON, Secretary.

694
The following notice was sent to the members of toe sub-committee :
T!1e committee recently appointed fr9m the House and Senate to investigate the charges of Mr. John T. Moore of Bibb county, recently made against the sub-committee who visited his convict camp last November, of which you were a member, will meet in the Senate Chamber next \Vednesday, July 22, at 3 :30 p.m. for tile purpose of investigating these charges.
Your presence is desired. Very truly, PAUL M. ATKINSON, Secretary.
Chairman Step!1ens: I will ask the Secretary to read the charges which were preferred by Mr. John T. Moore.
Secretary Atkinson: "Macon, Ga.; To the public:
"Replying to the statement of a member of the Legislature by the name of Edwards, wD.o was elected on the supposition that he would represent t!1e county of Habersham, I say,
"First: That the statement that the members of the committee had to be helped, not out, but back, into their vehicle, applied to their visit to the plant of the Royster Guano Company, and was made upon the authority of an employee of that company whose name can be furnished.
"Second: That the committee that visited the plant of the Bibb Brick Company consisted of only three men and not four, whicD. the member from Habersham by the nanie of Edwards, if he was one of them, must have

WEDNESDAY, AucusT 5, 19o8.

6~5

known or ought to have been in a condition to have known, to the extent at least of counting four or less.
"Third : That two of the committee of three were drunk or under the influence of something else~ so nOticeably indeed as to attract the attention, not only of the State's officer in charge, but of nearly every man who saw them on this trip of inspection at the plant of the Bibb Brick Company.
"Finally, I present for my authority for my criticism of their u~founded report, the affidavits attached below, which show the truth from the lips of men who do not junket at the expense of taxpayers:
The camp of the Bibb Brick Company is always open to inspection, and the visits, announced or unannounced, of sincere, painstaking and sober members of the General Assembly are always weleome.
"With this proof the matter is closed as far as I am concerned.
"Respectfully,"

Chairman Stephens : In response to your recent notification to Mr. John T .Moore, did you receive a reply, and, if so, what was that reply?

Secretary Atkinson: I received a reply as follows:

"MACON, GA., July 18, 1908. "Hon. Paul M. Atkinson, Atlanta, Ga. "Dear Sir: Your favor of the Ioth inst. as follows:
"Atlanta, Ga., July 16, ~908. "Mr. John T. Moore, Macon, Ga. "Dear Sir: You are hereby notified that the com-

f696

JoURNAl, OF THE HouSE,

"Inittee app.:>inted from the House and Senate to investigate the charges made by yourself against the committee who investigated your convict camp last November, will nieet in the Senate Chamber next Wednesday, July 22, at 3 :30 p.m. for the purpose of investigating these charges and hearing all testimony.
"It is the wish of the committee that as far as possible 'Oral testimony be introduced.
"Very truly yours,
PAUL M. ATKINSON, Secretary.
received, contents noted. When the statement appeared in the newspapers that
the legislative committee had reported that the food for convicts was improperly prepared, the bedding filthy, and the p1en were overworked at the Bibb Brick Company's convict camp, in a conversation with friends on the street, I stated that the charge was not true, and that some of the members of the committee who made this report were under the influence of intoxicants at the time of the alleged examination.

These remarks were overheard by a newspaper reporter, and in a subsequent issue of his paper there appeared a denial of that truth.

I established the truth of my statement by affidavits of eye-witnesses who are entirely reliable which were published in the same paper.

I stated in my letter inclosing the affidavits for publication that "with this proof the matter is closed as far as I am concerned."

s, WEDNESDAY, AuGusT 1908.

697

I stated a fact, and have the original affidavits of reputable men that establish the truth of my statement.

1 have neither the time nor inclination to leave my business to appear in the prosecution of the charge that some members of a committee making an alleged investigation were drunk or drinking. That fact has been established.

If the committee desires to investigate the conduct of these members of the Legislature, I think Macon is the :place for them to come.
Will you kindly write me whether your committee has the power to subpoena witnesses and whether the expenses of these witnesses to Atlanta will be paid by the State so that I may know whether I am under legal obligation to appear in Atlanta before the committee.

I inclose you copies of my letter and the affidavits so that you may subpoena the witnesses if you desire to examine them here.

If I am required to appear I shall come.

The statement by myself was simply one of fact, and a fact which I felt it necessary for me to establish, as it was denied by some person whose report reflected upon the treatment of convicts by the Bibb Brick Company in which I am a stockholder.
Your early attention will greatly obligt,
Yours very truly,
JoHN T. MooRE.

Chairman Stephens: Did you make response to that?

698

JOURNAL OF THE HoUSE,

Secretary Atkinson: Yes, I responded to that in thefollowing letter :

"Atlanta, Ga., July 21, 1908.

"Mr. John T. Moore, Macon, Ga.

"Dear Sir: Your favor enclosing affidavits of Messrs. W. \\. ~Ioseley, R. W. Goodlett and vV. P. Gary 1s
receincl.

"Our committee has no power to subpoena witnesses,. a1h! it has no authority to incur any expense. Would be glad to haYe you present, or any witnesses you will submit at the Senate Chamber to-morrow (Wednesday) aitemc)on at 3 :30 p.m.

"Yours very truly,

"PAUL M. ATKINSON, Secretary."

Chairman Stephens: I will now ask the Secretary, to read the affidavits submitted:

The affidavits were read by the Secretary, as follows:

"Macon, Ga.
"Georgia, Bibb County:
"Personally appeared before me, \V. vV. Moseley who, being duly sworn, deposes and says that he is now and has been a resident of said State and county for twentythree ( 23) years, and for five ( 5) years has been in theemployment oi the Bibb Brick Company; that he is and was in X ovember, 1907, superintendent of the plant; that_ deponent saw the first committee of investigation sent by

WEDNESDAY, AuGusT 5, rgo8.

699

the Legislature to the camp of that company in November last year; that it was composed of only three men; that they stay~d at the plac~ less than twenty minutes; that two of them appeared to be drunk or under the noticeable effect of whisky or something else; and deponent was so struck with their condition that he remarked at the time they were attempting to cross a trestle in the yard on their hardiness, and expressed doubt as to the ability of .the two to make the trip.
"The committee was not here at meal times; the meals served here to the convicts at the time we.re daily eaten by deponent and frequently by the sons of the president, and did not vary in quality and quantity.
"W. vV. MosELEY."
Sworn to and subscribed before me this 3d day of July, 1908.
G. P. RuMBLE, N. P., Bibb County, Ga.

"Georgia, Bibb County:

"Macon, Ga.

"Personally appeared before me R. \V. Goodlett, who, being duly sworn, deposes and says upon oath that he is a resident of the county of Bibb, and has been an engineer at the plant of the Bibb Brick Company for two years; that the deponent held such position in November, 1907, when said plant was visited by the first committee of the present Legislature for the purpose of inspecting. the camp at that place; that said committee was seen by deponent; came riding in a hack, and consisted of three men, and 110 more; that said members remained at the plant about fifteen or twenty minutes, arriving a little before nine o'clock in the morning, and were not here at any meal.

"700

JoURNAL OF TH!t HOUS!t,

"Deponent .further says upon oath that two of said members were undeniably and decidedly under the in'fiuence of intoxicants or sorpe drug, as s~own by their :appearance and demeanor.
"Deponent noticed their condition and commented ~upon it long before any question of its truth ever arose.
aR. W. GooDLETT.
"Sworn to and subscribed before me this 3d day of July, 1908.
"G. P. RuMPLE} N. P., Bibb county, Ga."

"Georgia, Bibb County :

"Macon, Ga.

"Personally appeared before me, an officer authorized io administer oaths, W. P. Gary, who, being duly sworn,
deposes and says that he is a deputy warden of the State of Georgia, appointed by the Prison Commission; that he was such officer in November, 1907, at the time of the visit of the first committee of the present Legislature to visit the camp of the Bibb Brick Company; that he saw and talked to said committee, which was three in number, and not four; that he showed then1 tl1rough the camp under their direction; that they did not remain and inspect longer than ten minutes; that they were not present at meal hours; and that the only inspection of food made was the breaking of a piece of bread by one of them, who remarked, 'That looks good and looks like old times to see bread baked in an oven.'

"Deponent says that no unfavorable comment was made by a single one of them who hurried to get through; and that two of their number, deponent says, on account <1:lf their appearance and conduct, were either intoxicated

WEDNESDAY, AuGUST 5, 19o8.

7011.

or under the influence of something else. Depvnent further says that he eats the fare served to the convicts,_ and that as deputy warden the company has never failed to honor any request made by him for supplies, either for food or bedding.
"\V. P. GARY.
"Sworn to and subscribed before me this 3d day of July, 1908.
"G. P. RUMPLE, N. P., Bibb county, Ga."

, (Note : The words underscored in each of the fore-

going three affidavits are in the originals, written in red'

ink.

STENOGRAPHER.)

Chairman Stephens : Is tl1ere any other evioence from any source tending to establish the statements made in these affidavits?
If not, this committee will be glad to hear from any gentleman involved by any accusation.

f. C. Ed<cards of Habersham, being duly sworn, testified; by Chairman Stephens:

Question. Mr. Edwards, on behalf of the committee, I will ask you to relate, as nearly as you can, all that occurred on the occasion of your vi~it of your sub-committee to Macvn, and inspection by it of ~he Royster Guano Company's plant and the Bibb Brick Company? How n~any composed the committee, who they were? What time was spent in making the investigation, what hour of the day and what was the condition of the individual members of the committee as to drunkenness?

Answer. The Penitentiary Committee were !equired

VG2

JouRNAL 'OF Tliti; HotlS!,

to be in Savannah oil the 7th day of Ntivember, and we remained in Savl::ltmah that day, and a sub-committee
consisting of Mr. Bowen oi Tift, Mr. Powell of Lincoln,
Senator Stapleton of the 12th District, and myself (J. C. Edwards) were appointed a sub-committee to investigate ;Certain camps in Bibb, Fulton, Spalding, Monroe and DeKalb counties.

The committee, of which I was a member, left Savannah for Macon on the night of the 7th of November, -and arrived in Macon November 8th in the morning. We could not get started early, but after getting breakfast and getting teams we started out and went to the Bibb road camp, some ten miles from Macon. vVe investigated one, came and investigc>ted anothe1 of the road camps on the way back, and got back to the hotel for late dinner; I don't recollect exactly the hour. After we had our teams fed and got din:ner we went then to the Bibb Brick Company camp, and it must have been as late as three o'clock, or probably four when we arrived at the Bibb Brick Company camp.

Q. Can you be mistaken about the time? A. No, sir; I can not possibly be, because we went to these other road !=amps in the morning and got back to Macon for dinner, and it would have been impossible to get back before noon, becmtse we went to these other road camps and got back to the hotel for dinner, and it would have been impossible to get back from the trip we took before 12 o'clock, and I think possibly it was one o'clock when we got back to Macari, and then went to the Bibb Brick Company in the evening. There were four of us together the whole time, the whole sub-committee, as I named a few minutes ag-o were in the company. We had a ?Urrey

Wa>NJi:SDAY, Aucus'l' 5, 19o8.

'ro3

and ,a buggy. My recollection is, when we went to this Bibb Brkk Company Senat<>r Stapleton and myself went it: the surrey, and Representatives Bowen and Powell were in the single btaggy. We went to the Bibb Brick Company office, and the office man or manager informed us that Mr. John T. Moore was away and wou1d be there in a .few minutes. We waited some 15 vr 20 minutes until he came, and after we had met him, he sent some gentleman, I don't remember his name, probably this was Mr. Moseley; I don't remember; and we inspected the eamp, but we were there something like an hour, it seems to ~e, because we went all over the camp after he got there. We, of course, naturally had to hurry because we had a short time, but we were there as much as an hvur in all. We had three other camps we wished to inspect that evening; the report there is absolutely untrue as to any one of the crowd being drunk. I don't drink anything at all. If they had drank anything I don't know it, and could not tell it. They were not under the influence of anything. They were orderly all the time and treated everybody nicely, and I remember we met and were introduced to Mr. John T. Moore, and the reason I recollect so distinctly I was told he was a candidate for mayor, and recollect that statement to us. He says we were not there at meal time; we were not there at meal time, but we saw the food that was shown us; we saw the dining-room and food they fed them on. \Ve saw what they showed us. As far as passing over the trestle, I don't remember it specifically; it seems to me, too, we went upstairs and came out on a trestle, but there was no staggering about. 'vVe were, none of us, under the influence of liquor; all were absolutely sober. If there is any question any one desires to ask I will be glad to answer it.

704

JOURNAL OF THE Hous~,

Q. You will notice it is stated that two of the three committeemen appeared to be under the influence of intoxicating liquor or some drug. So far as you are personally concerned, do you care to state whether or not you had taken any liquor or any drug uf any description on that day?
A. I had taken nothing of anything. I don't even remember of having taken any medicine; I don't think I had. I know I had not taken any intoxicants of any description; no beer, wine or liquor.

Q. Or any morphine or narcotic?

A. No, sir; I never took any in my life except on one occasion some years ago when the doctor administered it.
Q. \Vas any other member of the committee who had the slightest appearance1 in your judgment, of being under the influence of any narcotic?

A. No, sir; not at all, so far as I could see. Q. Or alcoholics?

A. No, sir ; so far as appearances were concerned they were at themselves in every way.

Q. If they had been under the influence of alcoholics or narcotics would you have noticed it?

A. I would have noticed it; we were closely associated, and were together all the time, and they were all as straight as shingles.
As to the Royster Guano Company inspection: We got through with the other camps around near Macon on- the 8th, except the Royster Guano Company. That

WEPNEAY, AuGUST 5, 19o8.

70[>

~e had not seen, and we got up early on the m.:>rning of the 9th, were up by daylight, and we got one team, and Mr. Po\\ell drove the team over to the Royster Guano Co. Vv.e drove over there about three .:>r four miles from Macon. We got there before the manager got up. The hands were ready to come out, and we. investigated that and came back to Macon for breakfast.
Q. On the occasion of your visit to the Royster Guano Company plant was it or not necessary for any one to assist any member on the vehicle they left in?
A. No, sir; nobody needed or received any help.

Q. Did not?

A. No; neither in or out of the vehicle.

Q. Were all four of you out t_here?

A. All four of us were together at that camp same as at the Bibb Brick Company.

Q. (By Representative Atkinson.) I would like to ask you as to the time. You have noticed it is stated you visited the Btbb Brick Company plant in the morn-ing?
A. Yes, sir. That is ~ot correct, we visited the Bibb Brick Company in the afternoon.

Q. Did you visit it in the morning?

A. We did not; we visited the Royster Guano Company early in the morning and the Bibb Brick Company the evening before. We visited the Royster Guano Camp early in the morning and then turned back to Macon, and we were too early in the morning to be drunk at the
46 hj

'100

JoURNAL OF TH!t HouS, . - "

Royster Guano Company camp. We were there by about sun-up.
Q. (:By Chainnan Stephens.) The statement is made that you did not remain or inspect the Bibb Brick Company longer than ten minutes. What do you say about that?
A. That is not true; we waited for Mr. Moore to come more than ten miautes ; theiJ. we were there, it seems to me, something like an hour in all. Of course our time was limited, but we stayed there an hour, in my judgment.
Q. Did you, or any of the gentlemen, make any unfavorable comment on what you saw in the Bibb Brick Company camp? .
A. No, sir; I don't think we did. We did not do that as a rule. We reserved our opinion until later, or :as we thought proper. We took notes as we went along :so we would know what we were doing when we went to make up our report.
Q. Is there anything else you wish to state?
A. I just wanted to state that all the charges about being drunk and acting improper in any way are unfounded and false. We did the best we could to do justice to the managers of the ca:mps.
E. P. Bowen of Tift, sworn, testified; by Mr. Stephens:
Q. State as to your inspection of this camp, your condition, and all about it?
A. I don't know as it is necessary to go into the full .details before getting to Macon.

WEDNESDAY, AUGUS't 5, Igo8.

707

Q. No, sir; just with reference to yourinspecti<;>n in

Macon, and your visit to the Bibb :6rick C,ompany, on the

line of questions I propt>unded Mr. Edwards. Just gi~e

full details.



A. Early in the morning, on the 8th of November, we got teams ; we got a double hack and a single buggy, and a negro boy .drove Mr. Edwards and Mr. Stapleton inthe double hack, and Mr. Powell and myself went in a single buggy. Mr. Powell did the driving, and we went down then to the Bibb road camp some ten or fifteen miles.

Q. Just s.tart with your inspection of the Bibb .Brick Company's ca.mp.

A. I wanted to show where we were from morning until 3 o'clock in the evening

Q. That has been shown by Mr. Edwards' statement, but you can state it if you wish.

A. We went out to the Bibb road camps. I think they told us it was some ten or twelve miles out to the camps. Vve drove out in the moming and inspected the roads where the hands were at work, and inspected the camps and effects, and then there was another camp nearer Macon up to the left, and we drove back by that. It was some few miles out of the way, our way in coming back to Macon; but we drove back by it and went to the '{;amp and inspected that camp. We were there some little time, and when we got back to Macon drove back to the Brown House and went "in and got dinner; it was something like two o'clock in the afternoon when we got back to Macon and got dinner, and when we got dinner :and our teams straightened up we drove out to the Bibb

708

JouRNAL oF THE HousE,

Brick Company. We went out just the same as we had i'n the rrioming; the negro boy drove the two of them in the surrey, and Mr. Powell and myself in the single buggy and when we got out there we went to the office the first place, and the man in charge said Mr. Moore was 01;1t somewhere; ma'ybe in Macon; I don't know where he was ; he said he would be back in a short time; he was looking for him back then, and we waited for him to come in. We waited ten or fifteen minutes, maybe longer, for him, and when he came we went then through the plant, around through the place and where the convicts were at work, and around through the .mess-:1all and sleeping apartments, and we were all four together,.. all four of the committee, all the time, and everything went along. We talked pleasantly, everybody did along and we came back. I remember walking over a trestle; we did walk over a trestle. We went around on the opposite side of the brick plant where they were hauling in. clay to make the brick of, and walked down the track over a little trestle and came back to where our teams. were at the office and there we broke up and left t!1em.
Q. You say there were four of you?
A. Yes, four of us.
Q. \Vere any of the four tight?
A. No, sir; not in the least, that I know of. No one had taken a drink that I know of.

Q. Would you have known it if they had?

A. It seems to me so. I know we had been together all day. If anybody had taken a drink I don't know it_

5. wioNESDAY, AuGUST 1908.

709

Q. (By Representative Atkinson.) How long di~ you talk with Mr. Moore after he came up?

_A: -While at the office?

Q. Yes.

A. Only a short time before we went around there - through the plant. I disremember whether we talked
:bout it when he first came up, the men standing there, that he was running for mayor of Macon; I think the election eame off in a day or two; and. we were congratulating him in advance, and hoped he would be elected. l don't remember whether that was before we went through the plant or after we came back. We were not there a great while, but quite a few minutes in all, too.

Q. (By Senator Peacock.) Do you say Mr. Moore went around through the camp with you? .

A. Yes ; it is my recollection he went arou~d with us. 1 Y.now there were two or three of the men, white men, went around with us, but I am not confident he went. . I think he did. That has slipped my mind, for I never :thought anything about that after that.

Q. (By Chairman Stephens.) The four members of your committee, as I understand you, were together, were they not, all night the night before coming up from ;Savannah?

A. Yes, sir; we came up in the sleeper together..

Q. And ate breakfast together?

A. Yes, sir; at the 'Brown House; we ate breakfast

together.

.

no

JOURNAL OF TH HoUSE,

Q. And you were together inspecting the other .cam' ps,'':)',

A. Yes, sir; the four of us all day, and ate dinner together.

Q. That was almost twenty-four 'flours that you were together.

A Yes, sir; fully twenty-four hours.

Q. During that twenty-four hours was there any drin:ldng among you at all?,

A. If there was a drop drun:k by any one I don't know it at all: I did not drink a drOp. \Ve left Savannah together on the' sleeper and went to sle~ an<! the next mornip.g it was daylight when I waked up and the sleeper was in the car-shed iri Macon.

Q. If there was a drop drunk during the mght you were together did' you know it?

A. No; sir; I don't know it; I kfu:>w of rid drinking whatever a't all ori the trip.

Q. Was there any appearance on the part of any member of the committee that he was under the influence of any riaftotics?

A. None whatever.

Q. What time did you reach the Bibb Brick Company's plant?

A. In the afternoon.

Q. Wnat time in the afternoon?

A: Well,.l don't know ecactly, bUt1 it was betWte!iJ
three and four &dodc in the everling.
Q. i'iien: it was not in the morning?
N Oh, no.
Q. How long did you remain at the camp from the
nine you arrived until the tiirte' yM leftr
A. Well, I disremember; it was something over a
we half houi" were irtgpeeting the camt}S. I sbO'ald say
from the time we arrived, waiting for Mr. Moore, ~ thing like a half hour; from a half hour to an hour. I dort't remern~ exactly. I know we took om time; going through leisurely. It must have been very near an hour. We were in a little hurry because there were two or three other camps to inspect that afternoon. Stephens Pottery, we wanted to inspect that and get back to town by dark.
Q. Are you in position to swear positively as to the condition of each member of your cotpmittee as to sobriety or drunkenness on that occasion.
A. Yes ; if there was the least intoxication I could not ascertain. it or detect it in the least.
Q. If there had been would you have known it?
A. Yes, sir; I would have known it.
Q. Are you in a position to swear positively on that subject as to sobriety or drunkenness of each member of your committee?
A. I am positive as to eacb one. Each man was sober ; no one wa:s drunk; and no one had drunk a drop

JouRNAL OF TH.E00US~-

tha:t I know anything about. As to the Royster Guano

Company;we went back to town that night and spent the

night at the Brown House, and got up early a11-d got a

double team and the four of us went in it, and :Mr. Pow-

.ell did the driving, and went out early in the. morning

to inspect it and came back up to Forsyth.

.

Q. Did anybody have to assist any of you out of the vehicle or into it?
_ A. No, no one had to be assisted, or was assisted in the least.

W. C. Powell, sworn, testified as follows; by ChairJ!Ian Stephens :
Q. Y ott have heard the statements of Mr.. Edwards and Bowen.
A. Yes. Q. Are those statements true or untrue? A. True in all particulars. Q. In all particulars ? A. In all particulars.

Q. Are you in condition to swear positively as to the precise condition of each member of the committee as to intoxication, or sobriety or drunkenness?

A. I am. Q. Were they sober or drunk? A. They were sober, every one of them.

s, WJtoNtsoAY', Aucust 1go8.

7'13

Q; At'the Royster Guano camp was it necessary, or did anything occur to indicate any rnember was intoxicated? -

A. Not at all.

_.Q. Or was it necessary to help any one to or from the vehicle?

A. It was not.

.. Q. Wa~ anY. member helped out or in the vehicle?

A. He was not No one;

Q. What time of day did you reach the Bibb Brick Company's plant for inspection?

.A. About three o'clock.

Q. How long did you remain there?

A. Something like an hour.

Q. Are there any particulars you wish to relate about your inspection there?

A. No, I think the gentlemen that preceded me have . about covered the ground, but I would be glad to answer any questions that may be asked me.

Q. Was Mr. Moore there at the camp?
A. He was not there when we got th~re, but he came afterwards .

.'Q. Did he go with you through the camp?

A: My recollection is he did not, but sent an employee

. JouRNAL o:r TH$ Hou~
with us. I won't be positive whether he went himself or not. Ther-e were three or four' with us during the ill- . vestigation. I can not say positively whether Mr. Moore went with us or not; but there was an employee or two.
Q. Speaking for yourself, were ,ott uiider. the- sligltt-
est influence of alcohol or narcotics?
A. Not at all.

Q. Had you seen any indication of any one, or know of any one taking alcohol or narcotics?

A. I do not.

Q. Had you taken a drink, or seen anything, either

alcohol or narcotics taken by any member of your c(;)ln-

mittee?

.

A. I had not. Q. Or known of any? A. I did not.

Q; Was the-re any appearance of any member of the cornrttittee' being under the influence of either?
A. There was not at all.

!. R. Stapleton, sworn, testified a:s follows; by Chairman Stephens :

Q. You have heard the statements of the three gentlemen who have just testified as to their visit to the Bibb. Brick: Company plant'?

WDNESIMY, AucusT 5, rgo8.

716-

A. Yes.
Q. What have you to say as to the correctness. or inc-orrectness of those statements?

A. These statements: are correct ~ fa as I dn now
remember, sir.

Q. What time of day did' your cortlmittee reach the Bibb Brick Company's plant?
A. I think it was about three o'clock, sir.
Q. How long did ybtf rema:frl'thete?

A. Something like an hour in all.

Q. How many members of your committee were there?

A. All four members were there.
Q. \Vas: Mr; Jolin T. Moore there when you arrived?

. A; He was not. Q. Did he come subsequently?

A. A gentleman canie up whom they said was Mr~
Moore, and who was introduced to us as Mr. Moore.

Q. State if you yourself was in the slightest degree under the influence of narcotics or alc.:>holics?
A. I was not, sir.

Q. Were you in position to know whether any other member of the committee was under such influence?

716

JOURNAL OF THE HoUSE,

A. I think I was, sir.
,Q: What have you to say about their being under the
influence of such?

A. ,They were not under the influence of any spiritu-ous liquors or narcotics.

Q. If they had been could you nave told it? A. I could without doubt.

Q. Are you in position to swear positively that no member of the committee on that occasion was in the -slightest degree under the influence of alcoholic liquors or narcotics?
A. I am.

Q. Is there anything further you wish to state?

A. Now, as to the Royster Guano Company, I think 1t was five o'clock we agreed to get up and get a team .and go over there, and I think we had to take the train .at 7:30 to Forsyth. We had our team ready in time and drove over there before the warden got up. We waked him up, and my recollection is we were all out on the ground when he got up and nobody else was there -except the guards, and we saw the hands come out to go to work.

Q. Was it necessary for any member of the committee to be assisted to alight from the vehicle?

A. It was not.

Q. Or assisted into the vehicle when you went to return from the inspeCtion?

.s. WF.DNI<:SDAY, Aucusr I9o8.

nr

A. It was not, at any time.

Q. Was any one assisted or had any one to be assisted in any way?

A. No one whatever, sir.

Q. (By Senator Peacock.) How long has it been, if ever, since you were drunk?
A. I never was drunk but once in my lif~not much drunk, then. I was not so drunk then but what I walked home, ate my supper and left the house without my wife finding it out.

Q. How long agv was that?

A. About thirty years ago.

E. P. Bowen, recalled, testified:
I just want to state that I never was drunk in my life. . On the trip I had a note-book and t.:>ok down notes of everything that occurred in the matter we were on that I thought we would want to make a report on, and that is why I remember things so well; I had a note-book and took down notes as to the camps we visited at the time.
Q. Did you note in your note-bovk the hour of the dav?
A. Nv, sir; I didn't note that.
Chairman Stephens: Is there anybody else that would like to be heard in this investigation?
If not, the committee will stand adjourned.

JoURNAL OF THE HOUSE,
ro the President of the Senate and Speaker of the House . of 8-epresentatves:
The undersigned joint committee of the General As~sembly appointed under House resolution No. 199, to investigate charges made by John T. Moore of. Macon, Ca., against RepreSentatives Edwards, Bowen and Powell and Senator Stapleton, beg leave to report that the matter has been carefully investigated and considered, with the result t:hat the following findings are respectfully . submitted:
First. Each and every charge or in~inuation as to ,each Representatve and Senator i'~volved, is without the :slightest foundation in truth, is wholly unwarranted and unjust and is unhesitatingly pronounced to be false in every particular.
Second. It is believed that these charges were care1essly preferred (not to say more) and because these -pU'biic servants conceived it to be their duty to criticise in some respects the convict camp in which the accuser is interested; which action is strongly condemned and
~enounced.
The proceedings of this conum:ttee, including the -evidence adduced, are herewith appended.
VIM. B. STEVENS, Senator 1st District, Chairman.
P.M. ATKINSON, Representative from Morgan, Secretary.
Z. V. PEACOCK, Senator 14th District.
w. B. ADAMS,
Representative from Elbert.
L. W. JoHNSON,
Representative from Jeff Davis.

WJU>NtsDAY, AucuST 5, 19Q8.

. 7-19

Mr. Moore, vice-chairman of the Committee on State Sanitarium, submitted the following report:

.Mr. Speaker:
Your Committee on the State Sanitarium having made -its annual visit to that institution, begs leave to submit the following report of their inspedion :
Realizing as we do that this institution is the greatest .charity of this great State, and that its benefits and advantages are more widely spread and more generally received by our people than any orher State eleemosynary -institution, we have given our visit of inspection that -degree of serious investigation which the people of the State and the subject demands. It is to be regretted that every citizen of this State can not make a personal in:spection of this great work, being the outlet, as it were, to the sympathies of the entire State fvr its meptally weak, and inasmuch as this is impracticable, no greater -duty can be performed in a painstaking and serious manner by the servants of the people than a careful inspection of the enterprise which they have erected and are now maintaining for their unfortunate brethren.
Your committee, knowing the system of bookkeeping Or accounts is the most important branch to the successful management of the Sanitarium, spent considerable time in an examination into the books of tne steward and treasurer. Since the a_doption of the present system -of bookkeeping in the year 1904, it would be hard to find a system of records more perfect and complete than is presented by the institution. A careful examination disclvses that a counter-check is kept by the treasurer against the Steward's department and vice versa, while the books of the depository used by the treasurer would .:Show rhe exact amount o~ cash that the State has to its

JolrRNAJ, OF 'l'IIE lJOUSE,.
credit for the benefit of the instituion. A trial balance taken by the committee disclosed the ease and rapidity with which the true financial condttion of the institution can always be ascertained, and at the same time the accuracy of the method impresses itself upon the examiner. In the matter of awarding bids for supplies for the institution, the system is simple and thorough, and when the awards are finally made by the executive committee of the board of trustees, the institution is obliged to receive the benefits of the low~st and best bids. By the practice of filing all bids made, it can be readily ascertained how the awards were made and the basis of the award. Your committee found by examination of the records relating to the purchasing of supplies that much judgment and great economy is exercised by the executive board.
We are unable to suggest any betterment of the system of accounting employed by the trustees, but commend it for its simplicity and accuracy.
Your committee made a detailed examination of the grounds and buildings of the institution with the view of ascertaining their condition. The farm or colony is an important part of the plant. It consists of 8oo acres of land in cultivation, of which there are about 75 acres in cotton and the remainder in foodstuff and f0rage for the institution. The land is cultivated by t~e inmates with the exception of ten hired men, thus making the "Colony" quite a valuable feature of the institution. The quarters are sanitary and attractive, and it may be said that the inmates are the most contented to be found at the Sanitarium.
The stables and dairies are in splendid condition with the exception that a shed should be built and is recommended for the new dairy to prevent the stock from being exposed to the winter rains.

WEDNESDAY, AuGuST 5, 19~.

721

The new waterworks and ice plant were made especial subjects of examination, and the State is to be complimented upon the installation of both. A most unfailing supply of pure filtered water is provided, while the tenton ice plant gives all the ice necessary for refrigeration and consumption. A detailed examination into the conditions of the buildings shows the result of care and painstaking management. The cooking department has been greatly improved w1th a large central kitchen connected with the "Powdl Building." in charge of a competent chef, under whose supervision comes this main kitchen as well as all subordinate kitchens, each of which is in charge of a competent person. While the price of foodstuffs, particularly that of ~ef, which costs the institution $4,000 more this year than last, have all advanced. it is to the credit of the State that so ample and nourishing a bill of fare is provided for the patients, and to the credit of the management that th1's is done at so low a cost per capita. At this point in its report the committee expresses its high praise and commendation of the able management of the board of trustees and officers and employees of the institution at the low cost per capita of maintenance, it being an acknowledged fact that our Sanitarium is conducted for less than that of any other State. The increase in number of inmates over and above that which has been the experience of other years caused a deficit 1n this cost of maintenance of $15,000, and will cause a deficit in the cost of maintenance for the year 1909 of $30,000. The committee is glad to know that these appropriations have been recommended by the Committee on Appropriations, and trusts that the same will receive the prompt approval of both branches of the Assembly.
The conditions of all the buildings, v1z. : The T. 0.
46 hj

722

JoURNAL 0~ THE HouSE,

Powell or Main building, the Twin buildings, the Green building, the Negro buildings, storeroom, laboratory, power plant, all show the "signs of splendid management with as near perfect sanitation as facilities will permit. Walls and floors are very clean despite the character of inmates often cared for, and the- toilet-rooms and bathrooms are in splendid condition.
The committee in examining the infirmary find that the windows of the upper sash are stationary and that no ventilation of the rooms can be had from the top. We therefore recommend that this be pr;:>vided for, and that wire screens also be provided for this department, both of these improvements being essential to the better work of the infirmary. We also find that the skylight of the operating room is too bright, and that the glass should be painted or rendered more opaque. We also find that the cellar under the autopsy room is in bad condition, and recommend that it be either filled or cemented.
The infirmary should be equipped with an office, to be known as the "Central History or Record Room," this being essential to a preservation of a record of the cases tre~ted, in order that the entire official force could get such information as might be needed. This is not now provided,. and no system of filing records of cases can be kept for the want of it. This would only mean the addition of one stenographer and such office furniture 'lS would be necessary for the files.
The Sanitarium provides for the admission of epilep tics under the law. This class, together with the feebleminded children, should not be confined in an asylum for the insane, but should be provided for elsewhere at the institution. For this reason we recommend that a sufficient appropriation be made for the care and training of these unfm:_tunates, who can in many cases become self-

WEDNESDAY, AUGUST 5, 19o8.

723

sustaining, or at least self-helpful, whereas without training they go into insanity or imbecility and are a perpetual care to the State. We also recommend with all the emphasis we can command, the erection of suitable quarters for the treatment of tuberculous patients. As it is this disease is not segregated, and can not be with the facilities at the hands of the medical staff. This necessary addition will not cost much and will mean a great deal.
We are not perfunctory or guilty of fulsome praise when we say that the management of this institution from Dr. L.. M. Jones, the superintendent and resident physician, down to the humblest employe reflects credit upon their fidelity to a great and patriotic duty, which entitles them to the praise .and appreciation of the people of the St~te.
We commend to the careful consideration of the members of the Assembly the detailed reports of the superintendent and trustees of the Sanitarium as it has been printed for public information. Our investigation prove'> these reports to be conservative and true.
We append hereto a copy of the statement showing the deficit in the appropriations for this year and the year 1909 as it has been furnished this committee by the superintendent. That toh<7 necessities therein set forth will be met we do not doubt.

Respectfully submitted.

R. M. MooRE,

Vice-Chairman of Committee on State Sanitarium.

EXHIBIT "A."

The increase in population has been averaging about fifty a year. When our board of trustees asked for appropriations for the years 1go8 and 1909 they estimated

714

jouRNAL oF THE HousE,

our increase would be about fifty for each year, and asked for appropriations accordingly, but the Legislature gave us }7,816 less than the amount asked for for this year and next year. Instead of an increase of fiftv for the year 1907 we had an increase of 130, and for the first six mont>hs of this year our population has already increased 13o-an unprecedented and unlooked-for increase. We commenced this year with a deficit of $8,176. Our expenses last year amounted to $388,187. Our appropriation for this year is $390,000 and for 1909 $395.ooo. we now have on hand ninety-five patients more than we can take care of with the appropriation of this year. unless we get the amounts asked for, we will be compelled to close our doors to all applicants.

(Signed)

L. M. JoNEs)

Superintendent, etc.

"Mr. Hall of Bibb moved that _the session be extended from 5 o'clock to 5:30 o'clock p.m. for the consideration of local bills for third time and reading all local bills a second time, V\''hich motion prevailed.

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

By Messrs. Alexander and Candler-

A resolution requesting State - Librarian to furnish Georgia Reports to DeKalb county.

By Mr. Wright of Floyd-

A bill to amend an Act to regulate the employment of children in factories, etc.

WtDNESDAY, AuGUST 5, 1go8.

729

By. Mr. Estes-
A brll to exettipt all Confederate soldiers froin a pro-
fessional tax.
By Mr. Ward of Coffee-

A resolution to pay pension due Jno. M. Surrency to his widow.

By Mr. Adams of Wilkinson-
A resolution to put the name of Mrs. Lucy Lockhart on the pension rolls.

By Mr. Hall of Bibb-
A bill to provide for the assessment of property in th'is State, of which the owners are required by law to make returns to the Comptroller-General of this State.
Ort motion of Mr. Blackburn, the following resolution was read the second time for the purpose of disagreeing to the unfavorable report of the committee, to wit:

By Messrs. Holder and Blackburn-
A resolution for the relief of the heirs of Sherman J.
Sims.

The unfavorable report of the committee was agreed
to and the resolution was lost.

Mr. Butt moved to disagree to the unfavorable report of the committee on the following resolution, to wit :
By Mr. Butt of Fannin-

A resolution to instruct the Attorney-Generat to take

726

JouRNAL oP TH~ Houu,

over the decree authorized in the decision of the State of Georgia vs. The Tennessee Copper Company et al.

Discussion of the above bill was suspended and by
unanimous consent the following bill was read the sec-
ond time and recommitted, to wit:

By Messrs. Bell and Blackburn-

A bill to appropriate $7,500 for the support and maintenance of the laboratory of the board of health.

By unanimous consent the following bill was read the third time and put upon its passage, to wit:

By Mr. Wohite of Screven-
A bill to amend an Act to create the city court of Sylvania.

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

On the passage of the bill the ayes were 94, nays o.

The bill having received the requisite constitutional majority was passed.

The hour of 5 o'clock having arrived, the following bills, which were made the special order for the next thirty miimtes, were taken up and read the second time~ to wit:

By Messrs. Young and Tuggle--
A bill to authorize the city of West Point to grant certain right of way to the A. & W. P. Railroad and the W. of A. Railroad.

WEDN:SDAY, AUGUST 5, Igo8.

727

By Messrs.. Tuggle and Yo.ung-
A bill to authorize the city of West Point to close up Bridge street.

By Mr. Ballard-
A bill to change the number of county commissiOners of Newton county.

By Mr. Jones of Mitchell-
A bill to amend an Act to incorporate the town of. Pelham.

By Mr. Calbeck-
A bill to authorize the town of Calhoun to make deeds to certain part of Jno. P. King park

By Messrs. Candler and Alexander A bill to incorporate the town of Chamblee.

By Messrs. Alexander and Candler-
A bill to authorize the county of DeKalb to issue l1oncis.

By Messrs. Alexander and Candler-

A bill to amend the charter of the town of Kirkwood.

On motion of Mr. Cook of Telfair House bill No.

I I 30 was taken from the Committee on Counties and

County Matters and referred to the Committee on Spe-

cial Judiciary.



728

JouRNAL oP THE HousE,

The following resolution was read and referred to the Committtt': on Rules, to wit :

By Mr. Wright of Floyd-
A resolution to make House bill No. 115 a special order.

The following bills were read the third time and put upon their passage, to wit :

By Mr. MercerA bill to abolish the Dawson water and light commis-
sion.
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 96, nays o.

'l'he 'bill lhaving received the requisite constitutional majority was passed.

By Mr. Massengale-
A bill to amend ari Act to incorporate the town of Norwood.

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 98, nays. o.

The bill having received the requisite constitutional majority was passed.

fJy Mr. Payton of WorthA bill to amend the charter of the city of Sylvester.

s, WEDNESDAY, AucusT 1908.

729

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 95, nays o.

The bill having received t'he requisite constitutional majarity was passed.

By Mr._ Eaves of Haralson-
A bill to incorporate the town of Buchanan, in HaralsOn county.
The committee proposed to amend by making the caption read as follows : "An Act to repeal an Act entitled an Act to incorporate the town of Buchanan, in the county of Haralson, approved November 7, 18Sg; to repeal an Act amending said Act, approved December 13, 1902; to incorporate the city of Buchanan, in the county of Haralson, State of Georgia, to define the corporate powers of said city; to define the corporate limits of said city; to. provide for the election of mayor and councilmen of said city and fix their term of office; to provide for the retention of the present mayor and council of said city until the election of mayor and council under this charter ; to define t>he qualifications of mayor and council ; to provide for vacancies ; to provide for the management of elections and qualification of voters; to prescribe the oath of mayor and councilmen and define the duties and powers of mayor and councilmen; to pro.,. vide for mayor pro tern, marshal and other city officers, and define their duties and powers; to provide for salaries of mayor, councilmen arid. other officers of said city; to authorize the mayor and council to license and coUect a special tax from all persons, firms or corporations, following or carrying on any trade, profession, business,

730

JOURNAL OF TH HOUSE,

calling or avocation in said city, and from any person, firm or corporation engaged in carrying on or offering to carry. on any sort of trade, trick or device or show or anything akin thereto; to fully regulate and control all kinds of trades, business and calling; to provide for payment of license before engaging in such business; to provide penalties for the violation of such ordinances; to authorize the mayor and council to levy and collect the tax from the property in said city ; to provide. for the manner of assessment of an equalization of taxes on real and personal property in said city; to provide for the issuing of tax executions for taxes due the city and the sale of real and personal property under such executions ; to provide for the forfeiture of recognizance ; to provide for the enforcement of fines and forfeitures by judgment and execution; to provide for a board of tax assessors; to provide for laying out streets, alleys, sidewalks, drives, parks and other public grounds and maintain the same ; to provide for the condemnation of property; to regulate and prohibit the sale of spirituous and intoxicating liquors, wines and beers, or any charactor of intoxicating liquors and to prescribe penalties for the violation of same; to provide for the construction and maintenance of a system of waterworks and lighting plant and sewerage; to provide and regulate fire, sanitary and public protection; to prescribe the manner in which all city ordinances for the government of said city shall be enacted and penalties for the violation of the same ; to define and prescribe the police powers and regulations of said city and for other purposes. This July 1, 1908.
The amendment was adopted.
The report of the committee, whfch was favorable to the passage of the bill as amended, was agreed to.

s, W&>N~AY:, AucusT Igo8.

73-1

On the passage of the bill the ayes were g8, nays o.

The bill having received the requisite constitutional majority was passed as amended.

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

By Mr. Dobbs of 35th district-

A bill to amend an Act to create a new charter for Marietta.

Referred to Committee on Corporations.

By Mr. Dobbs of 35th district-

A bill to amend an Act to create new charter for Atlanta.

Referred to Special Judiciary Committee.

By Mr. Dobbs of 35th district-
A bill to repeal an Act to incorporate the town of Battle Hill.

Referred to Special Judiciary Committee.

By Mr. Dobbs of 35th district-
A bill to repeal an Act to incorporate the town of Edgewood.

Referred to Special Judiciary Committee.

The .order of business having been exhausted, the Speaker announced the House adjourned until 9 o'clock tomorrow morning..

JouRNAL oF THE Housr.,

ATLANTA, GA.,

Thursday, August 6j 1908.

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.

By unani'mous consent the roll call and the reading of the Journal were dispensed wit>h.

Mr. Blackburn gave notice that at the proper time he would move to reconsider the action of the House in refusing to disagree to the unfavorable report of the committee on resolution 26o.

The following bill was taken up by unani'mous consent and the Senate amendment concurred in, to wit :

By Messrs. Davis and Fagan-

A bill to establish a city court in and for the county

of Houston.



The Senate proposed to amend by striking all of sec tion 10 and fnserting the following:

Sec. 10. Be it further enacted, That the clerk of the superior court of Houston county shall by virtue of his office be clerk of said city court and shall perform in said city court the same duties that are by Jaw required of him as an officer of the superior court, so far as the same does not conflict with the provisions of this Act. Before entering upon his duties the said clerk shall execute a

THURSDAY, AUGUST 6, Igo8.

73:3

bond in the sum of $1 ,coo, payable to the Governor, conditioned for the fatthful discharge of the duties of his office, which bond shall be approved by the judge of the said court and entered on the minutes thereof, and which bond may be sued on by any person interested. In the event the clerk of the superior court shall fail to qualify or to execute said bond, the judge of sai'd city court i~ hereby authorized to appoint a clerk for said court.

By unanimous consent the following bills were read the third time and put upon their passage, to wit:

Ry Mr. Blackburn-
A btll to authorize the trustees of the Confederate Soldiers' Home to self and convey certain property.

The report of the committee, which was favorable to the passage of rhe bill, was agreed ta.
On the passage of the biii the ayes \vere 101, nays o.
The bill having received the requisite constitutional majority was passed.

By Messrs. Flannigan, Holder and MartinA bill to increase the salary of the State Entomologist_

Mr. Holder proposed to amend by striking "$2,400," and insert "$2,000."

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of rhe bill the ayes were 104, nays o.
The bill having received the requisite constitutional majority was passed as amended.

734

JOURNAL OF THE HoUSE,

By Mr. Hall of Bibb-
A bill to allow corporations and individuals to con struct and maintain dams _across non-navigable stream!>.

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

By Mr. Couch of Coweta-

A bill to amend section 982, volume I of the Code so as to made Senoia a State depository.

The report of th_e committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 100, nays ).
The bill having received the requisite constitutional majority was passed.

By Mr. White of Madison-

A bill to amend secti'on g82, volume I of the Code so as to make the town of Comer a State depository.

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 Ioo, nays o.
The bill having received the requisite constitutional majori'ty was passed.

THURSDAY, AucusT 6, 1908.

735

The following House and Senate bills were read the second time by unanimous consent, to wit:

lly Messrs. Heard <1nd Adkins of Dooly-
A bill to amend an Act to increase the membership of the Railroad Commission.

By Mr. Cowart of 9th district-

A bill to amend an Act to create a board of commis-sioners of roads and revenues for Calhoun county.
The above bill was recommitted.

By unanimous consent, House bill No. 1022, was o;et -as a special continuing order to follow the special orders -set for today.

By unanimous consent the followfng Senate bill was read the first time, to wit :
~y Mr. Overstreet of 17th district-

A bill to regulate the publication of legal advertise~ments in certain counties.

Referred to Special Judiciary Committee.
The following message was recefved from the Senate, -through Mr. JNbrthen, Secretary thereof :

Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following bills of the House, to wit:

A bill to amend the Constitution b,y adding at the end

7.36

JOURNAl, OF THJ!; HoUSJ';,

of section 6, article 7, "to pay the county police and to provide for necessary sanitation."

A bill to authorize the mayor and council of Byromville to issue bonds for public school purposes.
A bill to change the time of holding Troup count~ superior court.
A btll to instruct trustees of University of Georgia to convey realty to board of eaucation of Thomasville.

A bill to create a board of commissioners of roads ::pvJ revenues for the county of Johnson.

A bill to amend an Act establishing the city cou1: 0i .L\shburn.

A bill to amend the charter of city of Athens.

The following message was received from the Senate, through Mr. Northen, the Secretary thereof:

Mr. Speaker:
Th Senate has passed as amended by the requisite constitutional majority the following House bill, to wit:

A bill to amend an Act creating a board of commissioners of roads and revenues of Jackson county.
The Senate has passed, by the requisite constitutional majority, the following resolution of the House, to wit:
A resolution for the relief of A. M. Hutchinson, of Hancock county.
A resolution to authorize the county authorities of

THURSDAY, AUGUST 6, Igo8.

737

Dade county to relieve sureties on bond of John M. Castleberry.

The following message was received from the Senate, through Mr. Northen, Secretary thereof:

Mr. Speaker:

The Senate has passed, by the requisite constitutional majority, the following b1lls of the Senate, to wit:

A bill to repeal an Act to incorporate the town of Kingwood, in the county of Colquitt.

A bill to regulate the exchange between Georgia and other States of State documents.

A bill to amend the charter of the city of Ocilla.

By unanimous consent, the followfng Senate bill was read the third time and put upon its passage, to wit:

By ~1r. Stephens of 1st district-

A bill to allow judges of city courts in certain counties to appoint special bailiffs.

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 100, nays o,

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

By unanimous consent, the following bill was taken up and read the third time and put upon its passage; to wit:
47hj

738

JoURNAL OF TH~ Hous~,

By Mr. Kendrick of Taliaferro-

A bill to provide against mending and selhng burglars' tools, and for other purposes.

Bdcre the above bill could be disposed of the hour for the consideration of the special order arrived and the same was carried over as unfinished business.

The special order fixed for this time is the following },;ll, which was read the third time and put upon its p:tssage, to wit :

By Mr. Wise of Fayette-
A bill to amend an Act to levy and collect a tax for the support of the State government, etc., for years 1908 and 1909 so as to put a tax on "near-beer."

Mr. Wise of Fayette moved to disagree to the unfavOl able report of the committee, which motion prevailed.

Mr. Wise of Fayette proposed a substitute for the above bill, which was adopted.

On the passage of the bill Mr. Perry 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 affirmativt were Messrs.-

Adams of Chatham, Adams of Elbert, Adams of Wilkinson, Adkins, Alexander, Anderson of Cobb, Atkinson, Austin,

Ballard, Barksdale, Barrett, Barrow, Berry, Bond, Bowen, Brown of Carroll,

Brown of Oglethorpe. Burkhalter, Burwell, Butt, Callaway, Candler, Cannon, Clark,

THURSDAY, AuGUST 6, 1908.

739

Clifton,

Holder,

Reid of Putnam,

Collum,

Howard,

Reid of Wilcox,

Cook of Chat'hoochee, Hubbard,

Rogers,

Cook of Telfair,

Huie,

Rountree,

Cooke of Thomas, Hullender,

Russell,

Covington,

Jackson,

Ryals,

Couch,

Johnson of Jeff Davis, Simmons,

Cowan,

Johnson of Towns, Slade,

Crawford,

Jones of Mitchell, . Smith of Calhoun,

Culbreth,

Kendall,

Smith of Campbell,

Daniel,

Kendrick,

Stewart,

Davis,

Lively,

Strickland,

Davison,

Lumsden,

Stubbs,

Dean,

Lunsford,

Swilling,

Dickey,

Matthews,

Taylor of Appling,

Donalson,

Mcintyre,

Taylor of Sumter,

Dunbar,

McMahan,

Thorne,

Duggan,

McMichael,

Tracy,

Dykes,

McMullan,

Trent,

Edmondson,

Me Williams,

Tuggle,

Edwards,

Martin,

Tyson,

Ellison,

Massengale,

Walker of Milton,

Estes,

Mays,

Walker of Wash'ton,

Flanders,

Moore,

Ward,

Flannigan,

Morris,

Watkins,

Foster,

Mundy,

White of Madison,

Frier,

Nix,

White of Screven,

Fullbright,

Nowell,

Whitley,

Gibson,

Orr,

Williams,

Godley,

Parker,

Wilson,

Goode,

Parrish,

Wise,

Hamilton,

Payton,

Wootten,

Hardeman,

Persons,

Wright of Floyd,

Harris,

Peterson,

Wright of Richmond,

Haywood,

Pope of Dade,

Wynne,

Hines,

Reid of Macon,

Young,

Those voting in the nega~ive were Messrs.---:--

Allen,

Crumbley,

Anderson of Bulloch, Glenn,

Arnold,

.Guyton,.

Buchannon,

Hall,

Chamlee,

Heard,

Huff, Jones of Meriwether, Keith, MacFarland, McCarthy,

740

JOURNAL OF TH~ Hous~,

Odum,
Perry, Slater,

Stephens, Sumner, Terrell,

Thurman. Townsend, Wamell,'-'

Those not voting were Messrs.-

Ashley, Atwater, Bell, Blackburn. Boyd,
Calbeck, !:>orminy, Eaves, Fagan,

Fowler, Fraser, Furr, Geer, Hill, Johnson of Jasper, Lee, Maxwell, Mercer,

Pope of Brooks, Powell, Price of Bartow, Price of Oconee-, Shaw, Sheffield, 'tift, Walker of Lowndes, Mr. Speaker.

By unanimous consent, the verification of the roll cali was dispensed with.
On the passa~e vi the bill the ayes were 132, nays 24.
The l-ilt having received the requisite constitutional ma_i ~rity was passed by substitute.
Upon dJ.rection of the Speaker the next special orders were taken up, the first of which is as follows, to wit:
By Mr. Candler of DeKalb-
A bill to supplement and increase the appropnatwns made fbr the st.tpport of the Railroad Commission for 1908 and 1909.
On motion of Mr. \Vright of Richmond, debate on the above bill in the committee of the whole was limited to five minutes.
The Speaker then resolved the House into a committee of the wllole .~l'nd designated as chairman Mr. 'bean of Floyd.

THURSDAY, AUGUST 6, Ig<>8.

741

.bm After considering the the,committee arose and~'-:e
ported the sall!e J?ack to the House with the rcommenchtion that it do pass.
\'
The report of the committee was agreed to.

On the passage of the_ bill the ayes and nays were ordered and the vote was as follows:

Those voting i-n the affirmative were Messrs.-

... 4 -

~~

Adkins,_ Alexander, Allen, Anderson of Cobb, Arnold, Atkinson, Austin,

Daniel, Davis, Davison, Dean, Dickey, Duggan, Dykes,

Keith, Kendall, Kendrick,
Lee,
Lumsden, Lunsford, MacFarland,

Barrett,

Eaves,

Barrow,

Edmondson;

Bell,

Edwards,

Berry,

Ellison,

Blackburn,

Flannigan,

Bond, _

_

Foster,

Brown of Carroll; Fraser,

Brown of OglethorPe, Gibson,

Buchannon,

Glenn,

Burwell,

Goode,

Butt;

Guyton,

Cal beck,

Hall,

McCarthy, Mclntyr-e, McMahan, McMichael, McMullan, Martin, Massengale, Mays, Mercer, Moore, Morris, Mundy,

Callaway,

Hamilton,

Nix,

Candler, Cannon, Chamlee, Clark, Clifton, C<iok'of"relfair, Cooke of Thomas, Covington, Coucla, Cowan, c.rtunbley, Culbreth,

Hardeman, Harris, Hiaywood, Hines, HGider,
Huff,
Huie, Hullender,
1aetcSOtt,
Johnson of Towns, Jones Meriwether, Jones of Mitchell,

Orr, Parrish, Perry, Persons, Pope of Brooks, Powell,
Reid of Macoti,
Reid of Putnam, Reid of Wilcox, Rogers, Jt,ouatree, Russell,-

742

JOURNAL OF THS HOUSE,

Ryals,
.Shaw, Simmons, Slade, Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Sumner,

Taylor of Appling, Taylor of Sumter, Thome, Tift, Tracy, Trent, Tuggle, Tyson, Walker of Milton,

Ward, Warnell, Watkins, Wliite of Madison, Wilson, 1Wootten, Wright of Richmond, Wynne, Young,

Those voting in the negative were Messrs.-

Boyd, Crawford,

Fullbright, Lively,

Pope of Dade,

Those not voting were Messrs.-

Adams of Chatham, Fowler,

Peterson,

Adams of Elbert,

Frier,

Price of Bartow,

Adams of Wilkinson, Furr,

Price of Oconee,

Anderson of Bulloch, Geer,

Sheffield,

Ashley,

Godley,

Strickland,

Atwater,

Heard,

Stubbs,

Ballard,

Hill,

Swilling,

Barksdale,

Howard,

Terrell,

Bowen,

Hubbard,

Thurman,

Burkhalter,

Johnson of Jasper, Townsend,

Collum,

Johnson of Jeff Davis, Walker of Lowndes,

Cook of Chat'hoochee, Matthews, .

Walker of Wash'ton,

Donalson,

McWilliams,

White of Screven,

Dorminy,

Maxwell,

Whitley,

Dunbar,

Nowell,

Williams,

Estes,

Odum,

Wise,

Fagan,

Parker,

Wright of Floyd,

Flanders,

Payton,

Mr. Speaker.

By unanimous consent the verification of the roll call was dispensed with.

On the passage of the bill the ayes were 124, nays 5

The bill having received the requisite constitutional majority was passed.

THURSDAY~ AuGUS't 6, 1908.

'743

By unanimous consent it was ordered that debate on the following special orders be limited to five minutes to the side while in the committee of the whole.

The next special order is as follows :

By Mr. Candler of DeKalb--.
A bill to appropriate $30,000 to the trustees of the University of Georgia for the support and maintenance of the Agricultural College at Athens.

On motion of Mr. Candler, the House was again
a resolved into committee of the whole and the Speaker
designated as chairman Mr. Hill of Monroe.

After a consideration of the bill the committee arose and through its chairman reported the same back with the recommendation that it do pass.

The report of the committee was agreed to.

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

Those voting in the affirmative were Messrs.-

Adams of Chatham, Adams of Elbert, Adkins, Alexander, Allen, Anderson of Bulloch, Arnold, Atkinson, Ballard, Barksdale, Barrett, Barrow, Bell,

Berry, Blackburn, Bond, Brown of Oglethorpe. Buchannon, Burkhalter, Burwell, Butt, Callaway, Candler, Cannon, Chamlee, Clark,

Clifton, Collum, Cook of Chat'hoochee, Cook of Telfair, Cooke of Thomas, Covington, Couch, Cowan, Crawford. Crumbley, Culbreth, Daniel, Davis,

744

JouRNAL OF THE HOUSE,

Davison.

nean;

Dickey,

Donalson,

Duggan,

Dykes,

Eaves,

Edmondson.

Flanders, -~
Flannigan,

Fostet;

Fullbright,

~er,
Gibson,

-- - "!

.

Glenn,

GOdley, GoOde, Guyton,

.

Hall,

Hamilton,

Harris,

Haywood,

Hines,

Holder,

Hubbard,

Huff,

Huie,

Htillender,

Johnson of Towns,

Jones of Meriwether.

Jones of Mitchell,

Keith, Kendall, Lee, Lively, Lumsden, Lunsford, MacFarland, McCarthy, Mcintyre, McMahan, McMullan, Martin, Massengale, Maxwell, Mays, Mercer, Moore, Mundy, Nix, Odum, Orr, Parker, Parrish, Payton, Perry, Persons, Price of Oconee, R'eid of Macon, Reid of Putnam, Rogers,

Rountree,

Russell,

Ryals,

Shaw,

Simmons,

Slade,

'Slater,

Smith of Campbell,

'Stewart.

Sumner,

Taylor ofAppling,

Taylor of Sumter,

Terrell,

Thorne,

' ( ....

Tracy,

Tugg.le,

Tyson,

Walker of 'Milt<m,

:Walker of Wash'ton,

Ward,

Warnell,

Watkins,

L

White of Screven,

Whitley,

Wilson,

Wootten,

Wright of Floyd,

Wright of Richmond.

Wynne,

Young,

Those voting 10 the negathe were Messrs.-

Cal beck,

Pope of Dade,

Trent,

Those not voting were Messrs.-

Adams of Wilkinson, Anderson.of Cobb, Ashley, Atwater, Austin, Bowen,

Boyd, Brown of Carroll, Dorminy, Dunbar, Edwards, Ellison,

Estes, Fagan, Fowler, Fraser, Frier, Furr,

THURSDAY, Aucus'l' 6, 1908.

745

Hardeman, Heard,

Morris,
Noweil,

Hill,

Peterson,

Howard,

Pope of Brooks;

Jackson,

Powell,

johnson ofJasper, Price of Bartow,

johnson of Jeff Davis, Reid of Wilco'x,

Kendrick,

Sheffield,

Matthews,

Smith of Calhoun,

McMichael,

Stephens,

Me Williams,

Strickland,

Stubbs, 'Swilling, Thurman,
Tift, . Townsend, Walker of Lowndes, White of Madison, Williams, Wise, Mr. Speaker.

By' unanimous consent the verification of the roll call was dispensed with.
On the passage of the bill the ayes were 130, nays 3

The bill having received the requisite constitutional majority was passed.

.By Messrs. Candler, Atkinson, Sumner, DyKes et aL-
A bill to amend an Act to make appropriation for the <>rdinary expenses of the State government by apprOpriating the fees arising from inspection of fertilizers, oils and pure foods, to the support of the district agricultural schools.

An appropriation being involved, the Speaker again resolved the House into a committee of the whole and designated as chairman Mr. Nix of Gwinnett.
Aft.er considering the bi\1 the committee aros~ and through its chairman reported the same back to the House with the recommendation that ft do pass.
The report of the committee was agreed to.

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

746

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.-

Adams of Chatham, Dean,

Adams of Elbert,

Dickey,

Adkins,

Donalson,

Alexander,

Dorminy,

Anderson of Bulloch, Duggan,

Anderson of Cobb, Dykes,

Arnold,

Eaves,

Atkinson,

Edmondson,

Austin,

Edwards,

Barksdale,

Ellison,

Barrett,

Estes,

Barrow.

Flanders,

Berry,

Foster,

Blackburn,

Fraser,

Bond,

Fullbright,

Bowen,

Geer,

Boyd,

Gibson,

Brown of Carroll,

Glenn,

Brown of Oglethorpe, Godley,

Buchannon,

Goode,

Burkhalter,

Guyton,

Burwell,

Hamilton,

Butt,

Hardeman,

Cal beck,

Harris,

Callaway,

Haywood,

Candler,

Heard,

Cannon,

Hill,

Chamlee,

Hines,

Clark,

Holder,

Clifton,

Hubbard,

Collum,

Huff,

Cook of Chat'hoochee, Hullender,

Cook of Telfair,

Johnson of Towns,

Cooke of Thomas, Jones of Meriwether,

Covington,

Jones of Mitchell,

Couch,

Lee,

Cowan,

Lively,

Crawford,

Lumsden,

Crumbley,

Lunsford,

Culbreth,

MacFarland,

Daniel,

McCarthy,

Davis,

Mcintyre,

Davison,

McMahan,

McMichael, McMullan, McWilliams, Martin, Mays, Moore, Morris, NiJt Odum, Orr, Parker, Parrish, Payton, Perry,
Perso~.
Pope of Brooks, Powell, Price of Oconee, Reid of Macon, Reid of Putnam, Rogers, Rountree, Ryals, Simmons, Slade, Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Strickland, Sumner, Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thome, Thurman, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton,

THURSDAY, AUGUS'l' 6, 1908.

747

WalkerofWash'ton, Ward, Watkins, White of Screven,

.Whitley, Williams, Wilson, Wise,

Wootten, Wright of Floyd, Wright of Richmond, Young,

Those voting in the negative were Messrs.-

Ballard, Flannigan, Hall,

Huie, Kendrick, Mundy,

Pope of Dade, !Wynne,

Those not voting were Messrs.-

Adams of Wilkinson, Allen, Ashley, Atwater, Bell, Dunbar, Fagan, Fowler, Frier, Furr, Howard, Jackson,

Johnson of Jasper, Reid of Wilcox,

Johnson of Jeff Davis, Russell,

Keith,

Shaw,

Kendall.

Sheffield,

Matthews,

Stubbs,

Massengale,

Tift,

Maxwell,

Townsend,

Mercer,

Tracy,

Nowell,

Warnell,

Peterson,

White of Madison,

Price of Bartow,

Mr. Speaker.

By unanimous consent the verification of the roll call was dispensed with.

On the passage of the bill the ayes were 141, nays 8.

The bill having received the requisite constitutional majority was passed.

By Messrs. Martin, McMullan and Candler-

A bill to appropriate $25,000 for fiscal year 1go8

and $50,000 for fiscal year 1909 to the State University

for 'the support and maintenance of the Agricultural Col-

lege at Athens.



748

JOURNAL OF THE HouSE,

The House was again resolveq into~- committee of the whole and the Speaker designated as chairman Mr. Fullbright of Burke.
After a consideration. of tl;te bill rh~ committee arose, and through its chairman reported th.e same back with the recommendation that it do pass.

The report of the committee was agreed to.

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

Those voting In the affirmative were l'vlessrs.-

Adams of Chatham, Cooke of Thomas;

Adams of Elbert,

Covington,

Alexander,

Couch,

Allen.

Crumbley,

Anderson of B~odloch, Culbreth,

Anderson of Cobb, Daniel,

Atkinson,

Davis,.

Austin,

Davison,

Ballard,

Dean,

Barksdale,

Dickey,

Barrow,

Donalson.

Bell,

Dorminy,

Berry,

Duggan,

Blackburn,

I;lykes,

Bond,

Eaves,

Bowen,

Edwards,

Brown of Cam)ll, ltllison,

Brown of Oglethorpl!', Estes,

Buchannon.

Flannigan,

Burkhalter,

Foster,

Burwell,

Fraser,

Butt,

Fullbright,

Candler,
uinoo,

Geer, GibSon,

Clifton, -.

Godley,

Cook of Chat'hoochee, Qoode,

Cook of Telfair,

Guyton,

Hamilton, Hardeman, Hill, Hines, Holder, Hubbard, Huff, Johnson of Tow.us, Jones of Meriwether, Jones of Mitchell, Keith,
t.ee,' Lively, Lumsden, Lunsford, Matthews,. MacFarland, McCarthy, Mcintyre, MeMahaa, McMichael,
M~ullan,
:Martin, Mays, l(ercer, Moor.e, Morris,

THURSDAY, AUGUST 6, 1908.

74-9

Ort, Parker, Parrish, Persous, Pope ofBroob, Powell, Price of Oconee. Reid of Macon,
Reid of PutiW:IJ;
Reid of Wiloolt;
Rountree, Russell;.

Ryals,

Slade,

Slater,

Smith of Campbell,

Stewart,



Sumner;

Taylor of Appling,

Taylor of Sumter,

Terrell,. Thorn~

Tift,

Trent,

Tuggle,
Wa.lker of Lowndes, Walker of Wash'ton, Ward, Warnell, Watkins; White of Screven, Whitley,
Williams,
Wootten;
Wright of Richmond, Young,

Those voting in the negative were Messrs.-

Adkins, BoYd, Cal beck, Chamlee, Clark, Collum, Cowan, Crawford, Edmondson, Glenn,

Hall, Harris, Haywood, Heard, Hullender, Jackson, Kendail, Kendrick, McWilliams, Mundy,

Perry, Pope of Dade, Rogers, Simmons, Stephens, Strickland, Thurman, Tyson, Walker of Milton, Wynne,

Those not voting were ~essrs.-

Adams of Wilkinson, Arnold. Ashley, Atwater, Barrett. Calla1V8)', Dunbar, Fagan, Flanders, Fowler, Frier, FuA";

Howard,

Shaw,

Huie,

Sheffield,

Johnson of Jasper, Smith of Calhoun,

Johnson of Jeff Davis, Stubbs,

Massengale,

Swilling,

Maxwelf,,

Townsend,

Nix,

Tracy,

Nowell,

White of Madison,

Odum,

Wilson,

Payton,

Wi1Je;

Peterson,

Wright of Floyd.

Pri<:e of B11rtow,

Mr. $pe~er.

By unanimous consent the verification of the roll-call was dispensed w~t~.

On the passage of the bill the ayes wen I I 7, nays 30.

750

JouRNAL oF 'tHt Houst,

The bill having received the requisite constitutional majority was passed.
On motion of Mr. Alexander, the session wasextendej for fifteen minutes for the purpose of
( 1 ) Reading local bills and resolutions thirci ti~e.
. ( 2) Introduction of local btlls and resolutions.
(3) Reading local bills and resolutions favorably reported second time.
On motion of Mr. Candler, the appropriation bills just passed were ordered immediately transmitted to the Senate.

By Mr. McMahan of Clarke-
A bill to appropriate $7,000 to !!he trustees of the State University for the use of the State Normal School at Athens.
Before final action on the above bill could be taken the hour of adjournment arrived and the business for which the session was extended was taken up.
The first business in order was the reading of local bills a third time, and the following were put upon their passage, to wit:

By Messrs. Tuggle and Young-

A bill to authorize the city of West Point to close up Bridge street.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, AUGUST 6, 1908.

761

On the passage of the bill the ayes were g8, nays o.

The bill having received the requisite constitutional majority was passed.

By Messrs. Young and Tuggle--
A bill to authorize West Point to grant certain right
of way to the A. & W. P. R. R. and the W. & A. R. R.

The report of the committee, which was favorable ll) the passage of the bill, was agreed to.
On the passage of the bill t~e ayes were g8, nays o.

The bill having received the requisite constitutional majority was passed.

By Messrs. Alexander and Candler-
A bill to authorize the county of DeKalb to issue bonds.

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

On the passage of the bill the ayes were 98, nays o.
The bill having received the requisi~e constitutional majority was passed.

By Messrs. Alexander and CandlerA bill to amend the charter of the town of Kirkwood.

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 g8, nays o.

752

JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed.

By Mr. Ballard of Newton-

A bill to change the number of county commissioners of Newton 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 100, nays o.
The bill having received the requisite constitutional majority was passed.

By Messrs. Candler and Alexander-

A bill to incorporate the town of Chamlee.

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 98, nays o.

The bill having received the requisite constftutional majority was passed.

By Mr. Calbeck of Gordon-

A bill to authorize the town of Calhoun to sell and

make

deeds

to

part '

of

Jno.

P.

K.

i

n

g .

park. .

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

On the p~ssage of the bill the ayes were. 98, nays o.

THURSDAY, Aucusr 6, 1908.

753-

The b11l having received the requisite constitution,al majority was passed.

By Mr. Jones of MitchellA bill to amend an Act to incorporate the town of
Pelham .
. The report of the committee, which was favorable o the passage of the bill, was agreed to.
On the passage of rhe bill the ayes were roo, nays o.

The bill having received the requisite constitutional majority was passed.

Mr. Parker, chairman of the Committee of Enrollment, submitted the following report:

Mr. Speaker:
The _Committee on Enr91lment have examined and report as properly enrolled, duly signed and ready for delivery to the Governor the following Acts, to wit:

An Act providing for the creation of a board of health for the city of Athens.

An Act to amend an Act establishing the city court of Dalton.
An Act to authorize the city of Lavonia, in Franklin county, to establish and maintain a system of public schools.
An Act to abolish the county court of Houston county.

An Act to establish the city court in and for Miller county.
48 hj

JOURNAL OF THE HousE,
An Act to repeal an Act establishing the city court of Miller county.
An Act to create a new charter for the city of Jack-
~-
An Act to amend the charter of the town of l-erry, H-euston county.
An Act to establish the city court of Houston county. The following Senate bills were read the first time, to wit:
By Mr. Wilkes of 7th districtA b1ll to repeal an A.;:t to incorporate the town of
Kingwood. Referred to Committee on Corporations.
By Mr. Henderson of 15th districtA bill to amend the charter of the city of Ocilla. Referred to Committee on Corporations. The order of business having been finished, the Speaker
announced the House adjourned until 3 o'clock this afternoon.
3 O'clock P. M. The House reconvened at this hour and was dlled to order by the Speaker.

THURSDAY, Aucus'l' 6, 1908.

T4!!

roll

~as

called

a11d

~he

f~~lowing

members

a--n

-
.

swe~d to t4eir n~es :

Adams of Chathatp, Cowan,

Adams of Elbert,

Crawford,

Adams of Wilk~~n, Crumbley,

Adkip:;,

Culbreth,

Alexandc:r,

Daniel,

Allen,

Davi!!,

Anderson of BullQ(;h, Davis9q,

Anderson of Cobb, Dean,

Arnold,

Dickey,

Ashley,

Donalson,

Atkinson,

Dorminy,

Atwater,

Dunbar,

Austin,

Duggan,

Ballard,

Dykes,

Barksdale,

Eaves,

Barrett,

Edmond.son,

Barrow,

Edwards,

Bell,

Ellison,

Berry,

Estes,

Blackburn,

Fagan,

Bond,

Flanders,

Bowen,

Flannigan,

!loyd,

Foster,

Brown of Carroll,

Fowler,

Brown of Oglethorpe, Fraser,

Buchannon,

Frier,

Burkhalter,

Fullbright,

Burwell,

Furr,

Butt,

Geer,

Calbeck,

Gibson,

Callaway,

Glenn,

Candler,

Godley,

Cannon,

Goode,

Chamlee,

Guyton,

Clark,

Hall,

Clifton,

Hamilton,

Collum,

Hardeman,

Cook of Chat'hoochee, Harris,

Cook of Telfair,

Haywood,

Cooke of Thomas, Heard,

Covington,

Hill,

Couch,

Hines,

Holder, Howard, Hubbard, Huff, Huie,
Hullend~r.
Jackson,
Johnson of Jasper, Johnson of Jeff D~yis, Johnson of Towns, Jones of Meriweth~r, Jones of Mitchell, Keith, Kendall, Kendrick, Lee, Lively, Lumsden, Lunsford, Matthews, MacFarland, McCarthy, Mcintyre, McMahan, McMichael, McMullan, McWilliams, Martin, Massengale, Maxwell, Mays, Mercer, Moore, Morris, Mundy, Nix, Nowell, Odum, Orr, Parker, Parrish, Payton,

756

JouRNAL ol" THE HousE,

Perry, Persons, Peterson, Pope of Brooks, Pope of Dade,. Powell, Price of Bartow, Price of Oconee, Reid of Macon, Reid of Putnam, Reid of Wilcox, Rogers, Rountree, Russell, Ryals, Shaw, Sheffield, Simmons, Slade, Slater,

Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Strickland, Stubbs, Sumner, Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, 1hurman, Tift, Townsend, Tracy, Trent, Tuggle, Tyson,

Walker of Lowndea, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young, Mr. Speaker.

Mr. Candler asked unanimous consent that the special continuing order which was being considered when the hour of arljournment arrived this morning be postpt'med until 30 minutes after the confirmation of the Journal to-morrow morning, which was granted.

The following resolutions were read and referred to the Committee on Rules, to wit:

By Mr. Burkhalter-

A resolution to make the "Australian ballot bill" a special order.

By Mr. Alexander-

A resolution to fix House bill No. 1043 the special orrler for to-morrow at 3 :30 p.m.

The following bill, which was made a special order.

THURSDAY, AuGusT 6, 1908.

757

was read the third time and put upon its passage, to wit:

By Mr. Hall of Bibb-
A bill to provide for the codification of the Iaws :lf Georgia; to provide for a commission to codify sairl laws, and for other purposes.

The substitute proposed by !'he committee was reatf.

An appropriation being involved, the Speaker resolved the House into a committee of the whole and designated as chairman Mr. Fullbright of Burke.

After a consideration of the bill the committee arose, and through its chairman reported the same back with the recommendation that it do pass by substitute.

The report of the committee was agreed to.
On the passage of the bill the ayes and nays we~e ordered and on taking the ballot viva voce the vote was as follows:

Those voting the affirmative were Messrs.-

Adams of Elbert, Alexander, Allen, Anderson of Bulloch, Arnold, Atkinson, Austin, Bell, Blackburn, Bond, Brown of Carroll, Brown of Oglethorpe. Burkhalter,

Butt,

Duggan,

Calbeck,

Dykes,

Callaway,

Edwards,

Candler;

Flanders,

Chamlee,

Flannigan,

Cook of Chat'hoochee, Foster,

Cook of Telfair,

Fowler,

Cooke of Thomas, Fraser,

Covington,

Fullbright,

Cowan;

Geer,

Daniel,

Gibson,

Dean,

Glenn,

Dunbar,

Godley,

758

JOURNAL OF THE HoUSE,

Goode, Hamilton, Hines, Holder, Jackson, Johnson of Towns, Jones of Meriwether, Jones of Mitchell, Kendall, Lumsden, McCarthy, Mcintyre, McMahan, McMichael, McMullan, Martin, Massengale,

Mays, Morris, Nix, Nowell, Orr, Perry, Powell, Reid of Putnam, Rogers, Ryals, Sheffield, Slade, Slater, Smith of Calhoun, Smith of Campbell, Strickland,

Stubbs, Swilling, Taylor of Sumter, Terrell, Tracy, Trent, Tuggle, Tyson, Walker of Milton, \Valker of Wash'ton, Ward, Watkins, White of Screven, Wise, Wright of Richmond", Young,

Those voting m the negative were Messrs.-

Adams of Chatham, Adams of Wilkinson, Adkins, Anderson of Cobb, Ballard, Barksdale, Barrow, Berry, Buchannon, Burwell; Cannon, Clark, Clifton, Collum, Couch, Crawford, Crumbley, Davis, Davison, Eaves, Edmondson, Ellison,

Estes,

Persons,

Guyton,

Peterson,

Hall,

Pope of Brooks,

Harris,

Pope of Dade,

Haywood,

Reid of Macon,

Heard,

Rountree,

Hill,

Shaw,

Howard,

Simmons,

Hubbard,

Stephens,

Huff,

Stewart,

Huie,

Sumner,

Hullender,

Taylor of Appling,.

Johnson of Jeff Davis, Thorne,

Kendrick,

Thurman,

Lunsford,

Townsend,

MacFarland,

Warriell,

McWilliams,

White of Madison,.

Maxwell,

Whitley,

Moore,

Wootten,

Odum,

Wright of Floyd,

Parker,

Wynne,

Parrish,

THURSDAY, Aucusr 6, 1908.

759

Those not voting were Messrs.~

Ashley,

Frier,

Payton,

Atwater,

Furr,

Price of Bartow,

Barrett,

Hardeman,

Price of Oconee,

Bowen,

Johnson of Jasper, Reid of Wilcox,

Boyd,

Keith,.

Russell,

Culbreth,

Lee,

Tift,

Dickey,

Lively,

Walker of Lowndes,

Donalson,

Matthews,

Williams,

Dormiuy,

Mercer,

Wilson,

Fagan,

Mundy,

Mr. Spe!lker.

I
J
The roll-cal.J was verified and on counting the vote:;

cast it was found that the ayes were 88, nays 65, so. the

bill having failed to receive the requisite constitutional

majority was lost.

By unanimous consent the following bill was read the third time and put upon its passage, to wit:
By Messrs. Candler and Alexander-

A bill to require the State Librarian to furnish Georgia Reports <to DeKalb county.

The report of the committee, which was favor~ble to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 98, nays 8.

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

Mr. Wright of Richin<md gave notice that at the proper time he would move to reconsider the action of the House in not passing the bill to codify the laws of Georgia.

760

JOURNAl. OF TH HOUSE,

By unanimous consent the following Senate bill wa;; read the second time and recommitted, to wit:

By Mr. Wilkes of the 7th district-
A bill to amend an Act to create the city court of Moultrie.
By unanimous consent action on House bill 463 was , postponed ~ntil to-morrow morning to follow special
order already set.
By unanimous consent the session was extended for fift"een minutes with the privilege of a further extension if the House find it necessary.
By unanimous consent the following bills were read the third time, to wit :

By Mr. Maxwell of Twiggs-
A bill to provide for the marking out and reestablishment of county lines between certain counties.
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 o.

The bill having received the requisite constitutional majority was passed.

By Mr. Buchannan of Early-

A bill to amend an Act to cstal)lish the city cuurt of Blakely.

THURSDAY, AuGusT 6, 1908.

761

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 g8, nays o.

The bill having received the requisite constitutional majority was passed.

On motion of Mr. Blackburn, House bill No. 123 was tabled.

By unanimotis consent the following House bill was read the second time, to wit:

By Mr. Godley of Camden-

A bill to provide in advance of application for pension the proof of eligibility of possible applicants therefor for filing of said proof.

On motion of Mr. Duggan of \Vashington, House bill No. 86o was tabled.

The following bills were also read second time, to wit:

By Mr. Adams of Chatham-

A bill to authorize certain cities to establish a farm for persons convicted in police courts.

By Mr. Townsenct-
A bill to amend section 982, volume 1 of the Code so as to make Homerville a State depository.

The following business, which was displaced by the arrival of the hour of adjournment on yesterday, was taken up, to wit:

762

JouRNAL oF TH Hous,

The following bills were read the first time, to wit: By Mr. Johnson of Jeff Davis-

A bill to create a board of commissioners of roads and revenues for the county of Jeff Davis.

Referred to Committee on Corporations.

By Messrs. Matnhews and Clarke-

A bill to amend an Act to amend an Act creating a board of commissioners of roads and revenues for Laurens county.
Referred to Counties and County Matters Committee.

By Mr. HinesA bill to amend Act to create a board of commissioners
of roads and revenues for Baldwin county. Referred to Counties and County M~tters Committee.
By Mr. FraserA resolution to furnish Georgia Reports to Liberty
county. Referred to Committee on Library.
By Mr. MorrisA bill to provide compensation for jurors m justice
courts of Vlayne county. Referred to General Judiciary Committee.
By l\Ir. MorrisA resolution to furnish Georgia Reports to \Vayne
county.

THURSDAY, AuGusT 6, 1908.
Referred to Committee on Library.
By Messrs. Slaton, Blackburn and Bell-
A bill to provide for the change of county lines lying in incorporated towns.
Referred to Committee on Special Judiciary.
By Mr. Covington-
A resolution to pay Mack Tiget $71.50.
Referred to Committee on Appropriations.
By Mr. Smith of CampbellA resolution to make House bill No. 939 a special
order.
Referred to Committee on Rules.
By Mr. Thurman of WalkerA resolution providing for three sessions of the House
a day so as to prevent an extra session.
Lay on the table one day.
Mr. Heard, chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker: Your Committee on Banks and Banking having had
under considtration House bill No. II 16 have instructed me as their chairman_ to report same back with the recommendation that it do pass.
HEARD, Chairman.

764

JOURNAL OF THE HoUSE,

.Mr. Nowell, chairman of Committee on Corporations, submitted the following report:
Mr. Speaker:

Your Committee on Corporations has had under consideration the following Senate and House bills, and direct me as their chairman to report same back with the :following recommendations, to wit:

SENATE BILLS.

I81. Do pass.

203. Do pass as amended.

2 I4 Do pass. 2 I8. Do pass.

232. Do pass as amended. HOUSE BILLS.

98 I. Do pass.

I I 31. Do pass. Respectfully submitted,

H. G.NowELL, Chairman.

Mr. Nowell, chairman of Committee on Corporations, submftted the following report :

Mr. Speaker:
Your Committee on Corporations have had under con:sideration the following bill of the House and direct me

THURSDAY:, AUGUST 6, I908.

76&

as their chaim1an to report same hack with recommendation that same do pass.
An Act to amend an Act to incorporate the town l~f Bowersville, in the county of Hart.
Respectfully submitted,
H. G.' NOWELL) Chairman.

Mr. Donalson, chairman of the Committee on Counties and County Matters, submitted the following report~

Mr. Speaker:

Your Committee on Counties and County Matters hds had under cons1'deration House bill I I28 and Senate bills Nos. 2 I 7 and 229, and instruct me as their chairman to report back to the House with recommendation that the same do pass.
R. E. DAVISON, Acting Chairman. .

Mr. Speaker:

Your Committee on Counties and County Matters has
had' under consideration the following Senate bills, and as its chair~an I am instructed to report the same back
to the House as follows, to wit:

Senate bill iNb. 220, do pass..

Senate bill No. 22 I, do pass. ERLE M. DoNALSON) Chairman.

The following House bills were read the second tfme:

166

jouRNAL oF THE HousE,

By Mr. Bavison-
A bill to amend an Act to cr~ate the office of commissioner of roads and revPnues for the county of Greene.

By Mr. Huie-

A bill to incorporate the town of Forest Park.

By Mr. McMullan-
A bill to amend an Act to incorporate the town of Bowersville.

By Mr. Parker of Talbot-

A bill to amend an Act to incorporate the town of Junction City.

By Messrs. vVright, Dean and Chamlee of Floyd-

A bill to authorize the city of Rome to maintain a hospital.

The above bill was recommitted.

By unanimous consent all pension resolutions were set as special orders for to-morrow afternoon at 3 o'clock.

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

By Mr. Dobbs of 35th district-

A bill to amend an Act to create a new charter for Marietta.

THURSDAY, AUGUST 6, I9Q8.

767

'By Mr. Hayes of 13th district-

A btll to provide for the maintenance and repair of the bridge across Flint river, known as Upper or l\fontezuma bridge.
By.~r. Hawes of 3oth districtA bill _to amend the charter of the city o.f Athens.

By Mr. Henderson of I sth district-
A bill to create a board of commissioners of roads anJ revenues for Irwin county.

By Mr. H.:m.derson of I sth district-
A bill to abolish 'the office of commissioner of roads :and revenues for Irwin county.

By Mr. Mattox of 4th districtA bill to amend the charter of the city of St. Marys.

By Mr. Brantley of 16th district-
A bill to amend an Act to create a new charter for the city of Dublin.

The following Senate bills were read the second time .and recommitted, to wit:
By Mr. Dobbs of 35th districtA bill to repeal an Act to incorporate the town of Bat-
tle Hill. By Mr. Dobbs of 35th district-
A bill to repeal an Act to incorporate the town of Edgewood.

'168

JOURNAL OF THE HousE,

By Mr. Dobbs of 35th district-
A bill to amend an Act' to create a new charter for the city of Atlanta.
The order of business having been exhausted, the Speaker announced the House adjourned until 9 o'cloc;\: to-morrow morning.

ATLANTA, GA.,

Friday, August 7, 1908.

Tile 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.

Mr. Wright of Floyd moved that the roll call be dispensed with, and no quorum having voted the Speaker ordered the same called for the purpose of ascertaining if a quorum be present. Those answering to their names were as follows :

Adams of Chatham, Adams of Elbert. Adams of Wilkinson, Adkins, Alexander, Allen, Anderson of Bulloch, Anderson of Cobb, Arnold, Ashley, Atkinson,

Atwater, Austin, Ballard; Barksdale, Barrett, Barrow, Bell, Berry, Blackburn, Bond, Bowen,

Boyd, Brown of Carroll, Brown of Oglethorpe. Buchannon, Burkhalter, Burwell, Butt, Calbeck, Callaway, Candler, Cannon,

FRIDAY, AuGUST 7, rgo8.

769

Chamlee,

Hardeman,

Parker,

Clark,

Hartis,

Parrish,

Clifton,

Haywood,

Payton,

Collum,

Heard,

PerrY,

Cook of Chat'hoochee, Hill,

Persons,

Cook of Telfair,

Hines,

Peterson,

Cooke of Thomas, Holder,

Pope of Brooks,

Covington,

Howard,

Pope of Dade,

couch,

Hubbard,

. Powell,

Cowan,

Huff,

Price ofBartow.

Crawford,

Huie,

Price of Oconee,

Crumbley,

Hullender,

Reid of Macon,

Culbreth,

Jackson,

Reid of Putnam,

Daniel,

Johnson of Jasper, Reid of Wilcox,

Davis,

Johnson of Jeff Davis, Rogers,

Davison,

Johnson of Towns, Rountree,

Dean,

Jones of Meriwether, Russell,

Dickey,

Jones of Mitchell, Ryals,

Donalson,

Keith,

Shaw,

Dorminy,

Kendall,

Sheffield,

Dunbar,

Kend..kk,

Sim~ons,

Duggan,

Lee,

Slade,

Dykes,

Lively,

Slater,

:Eaves,

Lumsden,

Smith of Calhoun,

Edmondson,

Lunsford,

Smith of Campbell,

Edwards,

Matthews,

Stephens,

Ellison,

MacFarland,

Stewart,

Estes,

McCarthy,

Strickland,

Fagan,

Mcintyre,

Stubbs,

Flanders,

McMahan,

Sumner,

Flannigan,

McMichael,

Swilling,

Foster,

McMullan,

Taylor of Appling,

Fowler,

Me Williams,

Taylor of Sumter,

Fraser,

Martin,

Terrell,

Frier,

Massengale,

Thorne,

Fullbright,

Maxwell,

Thurman,

Furr,

Mays,

Tift,

Geer,

Mercer,

Townsend,

Gibson,

Moore,

Tracy,

Glenn,

Morris,

Trent,

Godley,

Mundy,

Tuggle,

Goode,

Nix,

Tyson,

Guyton,

Nowell,

Walker of Lowndes,

Hall,

Odum,

Walker of Milton,

Hamilton,

Orr,

Walker of Wash'ton,.

49 h j

..

770

JOURNAL OF TB~ HOUSlt,

Ward, WarneD, Watkins, White of Madison, White of Screven,

Whitley, Williams, Wilson, Wise, Wootten,

Wright of Floyd, iWright of Richmond, \Wynne, Young, Mr. Speaker.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

By unanimous consent the following bills were read the third time and put upon their passage, to wit :

By Mr. McMullan-
A Qill to amend an Act to incorporate the town of Bowersville.
The report of the committee, which was favorable to the passage of tae bill, was agreed to.
On the passage of the bill the ayes were 1 10, nays o.
The bill having received the requisite constitutional majority was passed.
By Messrs. Nix, Heard and Adkins-
A bill to amend an Act entitled an Act to increase the membership of toe Prison Commission, etc.
The following amendment was adopted, to wit:

By the Committee- .

To amend by striking from the bill and caption wherever they occur the words "h:wing a population of one thousarid, nor more than four thousand."

FRIDAY, AUGUST 7, 1908.

771

The report of the committee, which was favorable to the passage of the bill as amended was agreed to.
On the passage of the bill the ayes were 95, nays .5-

The bill having received the requisite constitutional majority was passed as amended.

By Mr. Ward of Coffee-
A bill to amend an Act entitled an Act to establish the city court of Douglas.

The report of the comf?ittee, which was favvrable to the passage of the bill, was agreed to._

On the passage of the bill the ayes were IOI, nays 0 .

The bill having received the requisite constitutional majority was passed.

By unanimous consent the following Senate bill was read the third time and put upon its passage, to wit : .
By Mr. Co~art of 9th district-
A bill to amend an Act to create a board of commissioners of roads and revenues for the county of Calhoun.

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

On the passage of the bill the ayes were 120, nays o.

The bill having received the requisite constitutional majority was passed.

The follo-wing message was received from the Senate, through Mr. Northen, Secretary thereof:

772

JouRN.u, o~ 'tQ HouSJt.,

Mr. Speaker:
The Senate has passed by substi:tute by the requisite constitutional'" majority the following bill of the House, to wit:
A bill to create a board of county commissioners for the county of Turner.
The Senate has passed as amended by the requisite constitutional majority the following bills of the House, to wit:
A bill to establish the city court of Barnesville, Pike county.
A bill to create a new charter for the town of Ellijayt in the county of Gtlmer.
A bill to provide for an examination into the affair~ of the dispensary in Blakely for the year 1go6.
A bill to amend the charter of the city of Fitzgerald.

The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:

A bill to repeal an Act to establish the city court of Barnesville.

A bill to establish the city court of St. Mary's, in and for the county of Camden.

A bill to a..mend an Act creating a board of commissioners of roads and revenues for the county of Dodge.

A bill to abolish the county court of Clinch county.

FRIDAY, AucusT 7, 1908.

773

A bill to repeal an Aat to establish -the city court of Eastman, -in and for the county of Dodge.

A bill to abolish the county court of Henry county.

A bill to amend the charter of the town of McDon-ough.

A bill to amend a? Act creating the city court of Tifton.
A bill to amend an Act creating a board of commis:f.ioners of roads and revenues for Glynn county.
A bill to amend an Act to authorize an issue of bonds by the county of Glynn.

A bill to amend an Act to establish the city court of Oglethorpe.

A bill to provide for appointment of two special bailiffs in counties of 6o,ooo population or more, by the superior court.

. A btll to establish the city cout11: of Franklin, in anJ for the county of Heard.
A bill to establish a local school system for the town of Bartow.
A bill to incorporate the town of Williamson, in the county of Pike.
A bill to amend the charter of the city of Bntnswick.
A btll to incorporate the town of Eas_t Lake.
A bill to incorporate the _Waco school district,- in Har;.. alson county.

774

JbuRNAL oF 'tH: Hous:, .

A bill to create the office of county commissioner of roo.ds and revenues for Hart county.
A bill to amend an Act establishing the ctty court of Waynesboro.
A bill to incorporate the town of Cedar Grove, m the county of Laurens.
A bill to amend the charter of Kirkwood, in the county of DeKalb.
A bill to establish a public school system for the city of Wrightsville.
A bill to amend the countty court Act so far as the same applies to Pulaski county.
A bill to change the time of holding the superior court of Glascock county.
A btll to incorporate the town of Primrose, m the county of Meriwether.
A bill to prohibit the sale of Bud beer or near beer in Campbell county.

A bill to abolish the board of commissioners of roads and revenues for the county of Hart.

A bill to amend the charter of ~he city of Gainesville.

A bill to change ,the corporate limits of the town of A del.

A bill to amend the charter of the town of Cusseta, in the county of Chattahoochee.

FRIDAY, AUGUST 7. I9QS-.

'1'16

A bill to establish a public school system for the town ~f Spread.

A bill to create a county police force for the county of Chatham.

A bill to amend the charter of the town of Douglas ville.

A bill to incorporate the n...wn of Roddedge, in the county of Laurens.

A bill to amend an Act creating-a board of commission- . ers of roads and revenues for Sumter county.

On motion of Mr. Candler, the following appropriation bills which were fixed as special continuing orders were read the third time and put upon their passage:

The following special order which was up for consideration when the regular hour of adjourmnent arrived yesterday was again taken up, to wit:.

By Mr. McMahan of Clarke-

A bill to appropriate $7,000 to the trustees of the Uni. versity for use of the State Normal School at Athens.
On motion of Mr. Candler, the Speaker again resolved the House into a committee of the whole and Mr. Foster of Cobb took the chair.
After a further consideration of the bill tohe 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.

'Z76.

, JouRNAL oF THE Houstt,

. On the passage of the bill the ayes and nays were called and ~he vote was as follows:

1'hose v.:>ting in the affirmative were Messrs.-

Adams of Chatham, Dean,

Adams of Elbert,

Dickey,

Adams of Wilkinson, Donalson,

Adkins,

Dunbar,

Alexander,

Duggan,

Allen,

Dykes,

Anderson of Cobb, Eaves,

Arnold,

Edmondson,

Atkinson,

Edwards,

Austin,

Estes,

Ballard,

Flann1gan,

Barksdale,

Foster,

Barrett,

Fraser,

Barrow,

Frier,

Berry,

Fullbright,

Blackburn,

Gibson,

Bond,

Guyton,

Bowen,

Harris,

Boyd,

Haywood,

Brown of Carroll, Hill,

Brown of Oglethorpe, Hines,

Burkhalter,

Holder,

Butt,

Hubbard,

Callaway,

Huff,

Candler,

Hullender,

Cannon,

Johnson of Towns,

Chamlee,

Jones of Meriwether,

Clark,

Jones of Mitchell,

Clifton,

Keith,

Collum,

Lumsden,

Cook of Chat'hoochee, Matthews,

Cook of Telfair,

MacFarland,

Cooke of Thomas, McCarthy,

Covington,

McMahan,

Couch,

McMichael,

Crawford,

McMullan,

Crumbley,

McWilliams,

Culbreth,

Martin,

Daniel,

Massengale,

Davison,

Maxwell,

Mays, Moore, Nix, Nowell, Orr, Parrish, Perry, Peterson, Pope of Dade, Price of Oconee, Reid of Macon, Reid of Wilcox, Rountree, Russell, Ryals, Slade, Slater, Smith of Campbell, Stephens, Stewart, Stubbs, Swilling, Taylor of Sumter, Terrell, Thorne, .Tift, Tracy, Tuggle, Vvalker o Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Watkins, White of Madison, Whitley, Wilson, Wright of Floyd,
Wright of Richmond, Young,

FRIDAY, AUGUS'l' 7, Igo8.

777

. Those voting m the negative were Messrs.-

<:albeck, Cowan, -Glenn, Hall, Howard,

Jackson,

Persons,

Johnson of Jeff Davis, Rogers,

Kendall,

Trent,

Kendrick,

White of Screven,

Payton,

Wynne,

Those not voting were Messrs.-

Anderson of Bulloch, Ashley, Atwater. Bell, J3uchannon, Burwell, :navis, _Dorminy,
Ellison, :Fagan, Flanders, Fowler, Furr, -Geer, Godley, -Goode, Hamilton,

Hardeman, Heard, Huie, Johnson of Jasper, Lee, Lively, Lunsford, Mcintyre, Mercer, Morris, Mundy, Odum, Parker, Pope of Brooks, Powell, Price of Bartow,

Reid of Putnam, Shaw, Sheffield, Simmons, Smith of Calhoun, Strickland, Sumner, Taylor of Appling, Thurman, Townsend, Tyson, Warnell, Williams, Wise, Wootten, Mr. Speaker.

By unanimous consent the ven'fication of the roll-call was dispensed with.

On the passage of the bill the ayes were 119, nays 15.
The bjll having received the requisite constitutional -majority was passed.

By Mr. Hines of Baldwin-

A bill to appropriate -$12,671.76 fur the purpose oi

-erecting an infirmary for the Georgia Norrrial and In-

dustrial College.

11

The committee proposed to amend by striking from the title the figures "$12,67!'.76" and insert "$7,67!.76;"

778

JOURNAL OF THE HoUSE,

To amend by striking the provision for an infirmary from the caption and section I of the bill.

To amend by striking figures "$12,671.76" and insert "$7,67I76."

The Speaker resolved the House into a committee of the whole and designated as chairman Mr. Russell of Muscogee.

After a consideration of the bill the committee aroseand reported the same back to the House with the recommendation that it do pass as amended.

The report of the committee was agreed to.

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

Those voting in the affirmative were Messrs.-

Adams of Chatham, Burwell,

Flanders,

Adams of Elbert,

Butt,

Flannigan,

Adams of Wilkinson, Callaway,

Foster,

Adkins,

Candler,

Fowler,

Anderson of Bulloch, Chamlee,

Fraser,

Anderson of Cobb, Clark,

Frier,

Arnold,

Clifton,

Fullbright,

Atkinson,

Collum,

Gibson,

Austin,

Cook of Chat'hoochee, Glenn,

Barksdale,

Cooke of Thomas Godley,

Barrett,

Couch,

Guyton,

Barrow,

Crawford,

Hamilton,

Berry,

Culbreth,

Harris,

Blackburn,

Dickey,

Haywood,

Bond,

Dunba-r,

Hill,

Bowen,

Duggan,

Hines,

Boyd,

Dykes,

Holder,

Brown of Carroll, Edwards,

Hubbard,

&own of Ogletberpe, Ellison,

Huff,

Burkhalter,

Estell,

Hullender,

FRIDAY, AUGUST 7, Igo8.

779

Jackson, Johnson of Towns, Jones of Meriwether. Jones of Mitchell. Keith, .
Kendall, Lumsden. Lunsford, Matthews, MacFarland, McCarthy, McMahan, McMichael, McMJJDan, )lassengale, Maxwell, Mays, Moore,

Nix, Nowell, Odum, Orr, Persons, Pvi""' of Brooks, Pope of Dade, Price of Oconee, Reid of Putnam, R-eid of Wilcox, Rogers, Rountree, Russell, Ryals, Simmons, Slade, Slater,

Smith of Campbell, Stewart, Sumner, Taylor of Sumter, Tborne, Tift, .
Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, Whitley, Williams, Wilson. Wootten. Young,

Those v_?ting in the negative were Messrs.-

Calbeck, Cowan, Goode, Hall.

Howard,

Tyson,

Johnson of Jeff Davis. White of Screveo.

Kendrick,

Wynne,

Trent,

Those not voting were Messrs.-

Alexander, Allen. Ashley, Atwater, Ballard, Bell, Buchannon, Cannon, Covington, Crumbley, Daniel, Davis, Davison, Dean, ;)<matson, Dorminy, Eaves, Edmondson, Fagan. Furr,

Geer, Hardeman. Heard, Huie, Johnson of Jasper, Lee, Lively, Mcintyre, McWilliams, Martin, Mercer, Morris, Mundy, Parker, Parrish, Payton, l'erry, Peterson, Powell, Price of Bartow,

Reid of Macon. Shaw, Sheffield, Smith of Calhoun, Stephens, Strickland, Stubbs, Swilling, Taylor of Appling,
Terrell. Thurman. Townsend, Tracy, Tuggle, White of Madison, Wise, W rig:htof Floyd, Wright of Richmond, Mr. Speaker.

780

JouRNAL oF 'l'H Hous:e,

By unanimous consent the verifica~ion of the roll-cail was dispensed with.

On the passage of the bill the ayes were IIJ, nays 11.

The bill having received the requisite constitutionai majority was passed as amended.

By Mr. Foster of Cobb-
A resolution to appropriate $10,000 for the erection of a wall around Resaca cemetery.

An appropriation being involved the Speaker resolved the House into a committee of the \Vlhole and designate1i as chairman Mr. Clifton of Toombs.

After consideration of the bill the committee arose, and through its chairman reported the same back with the recommendation thaJt it do pass as amended.

The committee proposed to amend last paragraph by striking words "including the salary of a sexton" ; also
to amend by striking "$w,ooo" and substituting "'$s,ooo."

The report of the committee was agreed to.

On the passage of the bill the ayes and nays were ordered, which was as follows:

Those voting in the affirmative were Messrs.-

.Adams of Chatham, Adams of Elbert, Adams of Wilkinson, Adkins, Alexander,

Anderson of Cobb, Arnold, Atkinson, Austin, Ballard,

Barrett, Barrow, Blackburn, Bond, Bowen,

FRIDAY., AUGUST 7, IQOS.

781

Boyd,

Goode,

Pope of Brooks,

Brcwn of Carroll, Guyton,

Pope of Dade,

Brown of Oglethorpt', Hall,

Powell,

Buchannop,

Hamilton,

Price of Oconee,

Burkhalter,

Harris,

Reid of Macon,

Burwell,

Haywood,

Reid of Putnam,

Butt,

Heard,

Reid of Wilcox,

Cal beck,

Hill,

Rogers,

Callaway,

.Hines,

Rountree,

Candler,

Holder,

Russel~

Cannon,

Howard,

Ryals,

Chamlee,

Hubbard,

Shaw,

Clark,

Huff,

Simmons.

Clifton,

Huie,

Slade,

Collum,

Hullender,

Slater,

Cook of Chat'hoochee, Johnson of Jeff Davis, Smith of Campbelt~

Cook of Telfair,

Johnson of Towns, Stephens;

C'ooke of Thomas, Joms of Meriwether, Stewart,

Couch,

Jones of Mitchell, Strickland,

Crawford,

Keith,

Stubbs,

Crumbley,

Kendall,

Sumner,

Culbreth,

Kendrick,

Taylor of Sumter~

Daniel,

Lumsden,

Terrell,

Davison,

Lunsford,

Thorne,

Dickey,

Matthews,

Thurman,

;)onalson,

MacFarland,

Tift,

Dunbar,

McCarthy,

Trent,

Duggan,

Mcintyre,

Tuggle,

Dykes,

McMahan,

Tyson,

Eaves,

McMullan,

Walker of Lowndes;.

Edmondson,

McWilliams,

Walker of Milton,

Edwards,

Martin,

Walker of Wash'ton~

Ellison,

Massengale, ,

Ward,

Estes,

Mays,

Warnell,

Flanders,

Moore,

Watkins,

Flannigan,

Morris,

White of Madison,

Foster,

Nix,

Whitley,

Fowler,

Nowell,

Williams,

Fraser, Frier,

Odum, Orr,

Wilson, Woott~.

Fullbright,

Perry,

Wright of Richmom!.

Gibson,

Persons,

Wynne,

Glenn,

Peterson,

Young,

Godley,



182

}OURNAL OF THE HOUSE,

Those vOting in the negative were Messrs.-
Jackson,

Those not voting were Messrs.-

Allen, Anderson of Bulloch, Asl:ley, Atwater, Barksdale, Bell, Berry, Covington, Cowan, Davis, Dean, Dorminy, Fagan,

Furr, Geer, Hardeman, Johnson of Jasper, Lee, Lively, McMichael, Maxwell, Mercer, Mundy, Parker, Parrish,

Payton, Price of Bartow, Sheffield, Smith of Calhoun, Swilling, Taylor of Appling, Townsend, Tracy, White of Screven, Wise, Wright of Floyd, Mr. Speaker.

By unanimous consent the verification of the roll-call was dispensed with.

On the passage of the bill the ayes were 145, nays I.

The bill having received .the requisite constitutional majority was passed as amended.

By unanimous consent House resolution No. 43. waq taken from the table and placed on the calendar.

By Mr. Blackburn-
A resolution to appropriate $s;ooo to truSII:ees of tht
Confederate Soldiers' Home

An appropriation being involved, the Speaker resolved the House into a committee of ~he whole and designated .as chairman Mr. Huff of Lumpkin.

After a consideraition of the resolution the committee

FRIDAY, AucusT 7, I9QS.

788

arose and through their chairman reported the same bad< with the recommendation that it do pass.
The report of t~e committee was agreed to.

On the passage of the btU vhe ayes and nays were ordered which was as follows :

Those voting in the affirmative were Messrs.-

Adams of Chatham, Duggan,

Lumsden,

Adams of Elbert,

Dykes,

Lunsford,

Adkins,

Eaves,

Matthews,

Alexander,

Edmondson,

MacFarland,

Anderson of Cobb, Edwards,

McCarthy,

Atkinson,

Ellison,

Mcintyre,

Austin,

Flannigan,

McMahan,

Ballard,

Foster,

McMullan,

Barrett,

Fraser,

MeWilliams,

Barrow,

Frier,

. Martin,

Blackburn,

Fullbright,

Mays,

Bond,

Gibson,

Moore,

Boyd,

Glenn,

Nowell,

Brown of Carroll, Godley,

Odum.

Brown of Oglethorpe, GoOde,

Orr,

Burwell,

Guyton,

Peterson,

Calbeck,

Hall,

Pope of Brooks,

Callaway,

Harris,

Pope of Dade,

Candler,

Haywood,

Powell,

Chamlee,

Heard,

Price of Oconee,

Clark,

Holder,

Reid of Macon,

Clifton,

Hubbard,

Reid of Putnam,

Collum,

Huff,

Reid of Wilcox,

Cook of Chat'hoochee, Huie;

Rogers,

Cook of Telfair,

Hullender,

Rountree,

Cooke of Thomas, Johnson of Jeff Davis, Russell,

Couch,

Johnson of Towns, Ryals,

Crawford,

Jones of Meriwether, Simmons,

Crumbley,

Jones of Mitchell,

Slade,

Culbreth,

Keith,

Slater,

Daniel,

Kendall,

Stephens,

Diclcey,

Kendrick,

Stewart,

Dunbar,

Lee,

Strickland,

784

JouRNAL oF THE HousE,

Stubbs, Sumner, Taylor of Sumter, Terrell, Thome, Trent, Tuggle,

Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Watkins, White of Madison,

White of Screven, Whitley, Williams, Wilson, Wright of Floyd, Wynne, Young,

Those not voting were Messrs.-

Adams of Wilkinson, Allen, Anderson of Bulloch, Arnold, Ashley, Atwater, Barksdale, Bell, Berry, Bowen, Buchannon, Burkhalter, Butt, Canrion, Covington, Cowan, Davis, Davison, Dean, Donalson, Dorminy,

Lstes, Fagan, Flanders, Fowler, Furr, Geer, Hamilton, Hardeman, Hill, Hines, Howard, Jackson, Johnson of Jasper, Lively, McMichael, Massengale, Maxwell, Mercer, Morris, Mundy, Nix,

Parker, Parrish, Payton, Perry, Persons, Price of Bartow, Shaw, Sheffield, Smith of Calhoun, Smith of Campbell, Swilling, Taylor of Appling, Thurman, Tift, Townsend, Tracy, Warnell, Wise, Wootten, Wright of Richmond, Mr. Speaker.

By unanimous consent the verification of the roll-cail was dispensed with.

On the passage of the resolution the ayes were 120, nays o.

The bill having received the requisite constitutional majority was passed.

The following resolution was read and adopted to wit:

FRIDAY, AUGUST 7. J.go8.

7&o

By Mr. Dunbar of Richmond-
WHERAS, there is now pending before the General Assembly no matter of such pressing and immediate importance as would justify the expense of calling said General A'Ssemlbly together in extra session, with the exception of the disposition of the convicts of the State; and
WHEREAS, t>his House has already so far as at this
time is in its power made disposition of the aforesaiJ
matter,-as embodied in what 1s commonly known as the "Holder bill," as passed by this House; now,. therefore,. be it
Rcsohed, by the House of Representatives, That the Senate be respectfully requested to take up within the remaining days of the present regular session said "Holder bill," and finally act on the same as in its judgment may seem fit, either by adopting and passing the same o~~ by amending the same and returning it to this House, so t-hat this House may have an opportunity, if necessary, for final action upon said matter of the disposi'tion of the convicts and may, if possible, avoid any necessity for an extra session of the General Assembly.

By Mr. DunbarA resolution to make Surtday, August g, dies non.

The ahove resolution was lost.
On motion of Mr. Foster, all of the appropriation bills passed this morning were ordered immediately transmitted to the Senate.
Mr. Han, vice-chairman of the Committee on Rules, submitted the follo\ving report:
IOitj

786

JouRNAL o:Lt THi Hous, . -- ' : - I ---.

Mr. Speaker:
Your Committee on Rules have had under consideration House resolution by Mr. Wright of Richmond and under special instructions from the House direot me to report the same back with a recommendation that it be. adopted.
They have also had under consideration a resolution by Mr. Wise of Fayette and under instructions from the House report the same back with a recommendation that it be adopted as amended by the committee. The amendment of -the committee is as follows:
That House bill uo8 be made the special order on Thursday, August 6th, 1mmediately after the reading of the Journal, and that debate be limited thereon to thirty minutes.
The committee direct me to report to the House the following resolution of the committee, to wit:
That for the remainder of the session no member be a1lowed to occupy the floor longer than ten minutes in . the discussion of any question before the House.
They further instruct me to report the following resolution of the committee:
That the order of 'business adopted at the morning
session of tlie House of this day be adopted as the order
of business at the afternoon session until disposed of.
They further instruct me to report the following resolu-
tion:
That the rule of ~he House heretofore adopted in regard to the recognition of members for the purpose oi Ulianiinous requests 'be extended to the -last half hour' of each afternoon session.
J os~PH H. HALL, Vice-chairman.

FRIDAY, AuGuST 7; I<J08.

781

By unanimous conset the. verification of the roll-call was dispensed with.

On the passage of the resolution the ayes were 120, nays o.

The resolution having received the requisite constitutional majority was passed.

The following resoluti'on was read and adopted, to wit:

By Mr. Dunbar-

A resolution requesting the Senate to take action on the Holder convict bill and return same to the House for :final action.

The following resolution was lost, to wit : By Mr. Dunbar-

A resolution to make Sunday, August 9, dies non.

On motion of Mr. Foster, all the appropriation bills passed this morning were ordered immediately transmitted to the SenaJte.

The following resolution was read and adopted, to wit:

By Mr. Adams of Chatham-
A resolution providing that the House transact the regular order of business on Sa!l:urday, August 8.

The hour of 12 o'elock m, havi'ng arrived, the Senate appeared upon the floor of the House and the joint ses..; sion convened ,fo~ the:purpose of-reading ~he rnemori~l

Jou~NAI. O}t TH:t Hov~;
on the life, etc., of Hon. Jno. \V. Akin, late President of the Senate, deceased, was called to order by Hon. J as. J. Flynt, President of the Senate.
Prayer was offered by Rev. R. J. Bigham, after which the resolution was read provid1ng for the joint session.
The following memorial on the life of Judge Akin was read by Mr. Overstreet of the 17th district:
To the General Assembly of Georgia:
In accordance with the terms of a joint resolution of your honorable bodies, adopted June 30, 19o8, we have been appointed by proper authorities to prepare and present appropriate resolutions upon the death of Honorable John W. Akin, President of the Senate of Georgia, and
now beg leave to submit the following:
President John W. Akin was born June 10, 1859, in Cass (now Bartow) county, Ga. His father, Hon. vVarren Akin, was a prom1nent political factor in Georgia during those days immediately preceding theCivil War~ aJ;J.d was canvassiJ;J.g the State as the last Whig candidate for Governor during the year President Akin was born. He (the f311'her) was unanimously elected Speaker of the first House of Representatives assembled in Georgia after the secession of the State, and he continued to be prominent both in law and in politics Uf!.til his death in 1877.
Presi"dent Akin was no less fortunate in his other parent, his Jl'Klltber, who w.as Miss Mary Verdery, a woman
of distinguished family, and great mrellectual vigor. Ut> to the date of her deatoh she continued to manifest the
oot keenest interest in the career of her son, and w~t
af life with him.
President Aldu graduated with h01t0r from Emory col..;

FRIDAY, AucusT 7, r9(>8.

18'9

lege in 1877. During his college career he easily distin-

guished himself as a student, an essayist, and a debator.

He was admitted to the bar after a private oourSe of

study, in 1878, and steadily rose in the profession to a

position among the a:blest lawyers in the Sta.te.

He w'as from the days of his youth a member of the

Methodi'st church. For many years he was superintend-

ent of the Sunday-Sclhool of his church at Cartersville,

and throughout his life he worked humbly before the

Lord, detllQnstra:ting to his fellow men t'hat the law oi

hislife was the teachings of the "lowly Nazarene."

The home is the unit of our civili'zation. Here charac-.

ter is formed and supported. Fortunate, therefore, is the

man whose 'home relations are happy, and who is capable

of contributing to such happiness. Judge Akin was sudh

a man preeminently; and no citizen of Georgia held his

:home and family in higher appreciatiOlfl.

Among the offices President Akin held are secretary

~of the Georgia Bar Association, president of the Georgia

Bar Association, president of the Cantersville public

school board, judge of the city court of Cartersville,

twice representative of Bartow county in the General As-

sembly of Georgia, and President of the Sen:alte. In this

last position death faund him on the 18th day of October,
1907. As a: legislator we knew him best, and it is here

that his loss will be most keenly felt by the citizens of

Georgia.



As a presiding officer, he was gentle and wise, mani-

feSting always in his rulings the utmost graciousness and

ease.
life Upon .contemplating his activities as a whole, we

may paraphrase the language of Johnson's epitaph 6f

Dr. Goldsmit~, and .say, "He laid busy hands to many

790

JOURNAl, OF TH~ Hous~,

things during his life, and he nothing touched that he did not adorn."
In law and politics his skill and power as an essayist were used frequently to his own credit and the benefit of tlie State.
Born and nurtured in the eaftlhquake shakings of revolution and war, a:nd carrying through life the impressions placed upon his infant mind by Shennan's conquering army, his devotion to Georgia and the South assumed the character and proportions of a splendid passion, and his facile pen and eloquent tongue were ever ready in defense of his suffering country.
President Akin was reared in a great community, filled with the first minds of his or any ot:oher time. With such environment, such parentage, and such experiences his mind naturally ran to public service. He recognized the age-long conflict between "privilege" and popular rights; and democracy never had a bolder nor stouter champion. His far-seing mind contemplated this conflict as inevitable and mortal, and i'n the evolutions of modern politics he saw the skirmishings of the nationwide struggle. A disciple of Rousseau and J effersoit, he "scented the hattie from afar, the thunder of the captains and the shoutings" and he had a commendable ambition to participate in t~e effort to secure the blessings of free government for his children and his neighhors' children forever. But "in the plentitude of his power, and on the field of his renown" he was stricken one day by an arrow coming down out of the invi:sihle world, reminding us of the transitory nature of all earthly things, and making us to exclaim, "What shadows we are and what shadows we pursue."
We append t:ohe following resolutions :
Resolved 1. That in the death of Honorable John W.

FRIDAY, .AUGUST 7. Igo8.

791

Akin, law, letters and statesmanship have lost an oma.: ment and champion.
Resolved 2. That his surviving associates in the General Assembly of Georgia will ever treasure in affection~te t1emembrance his kindly vititues, and will ever point with just pride to the record of his achievements for Georgia.
Resolved 3 That we offer our profound sympathy to . the family and kindred of our deceased fellow-worker in
the loss to them occasioned by his death. Resolved 4 That minutes of this joint session, to-
gether with their memorial and these resolutions, be recorded on the Journals of the Senate and House.
Resolved 5 That each branch of the General Assembly do stand adjourned at the conclusion of the joint session of the same as a further mark of honor to the deceased.
Mr. Steed of ~the 37th district moved that the resolution be adopted, which was seconded by Mr. Hall 0f Bibb, Senator Martin, Messrs. Alexander, Candler, Covington, Slaton, Senator Camp and others.
The resolution was then unanimously adopted by a . rising vote.
The joint session was then dissolved and the Senate retiring the House was called to order by the Speaker.
The Speaker then announced tohe 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.

}ouaNAI. oP TBJt Housi.

'i'he roll was called and the following members answered to their names:

Adams of Cl. Ltham, Cowan.

Aoams of El!Jert.

Crawford.

Adams of Wilkinson Crumbley,

Adkins,

Culbreth,

Alexander,

Daniel,

Allen,

Davis,

Anderson of Bulloch, Davison,

Anderson of Cobb, Dean.

-~rnold,

Dickey,

Ashley, Atkinson,

Donalson,

.l

Dorminy,

Atwater,

Dunbar,

Austin,

Duggan,

Ballard,

Dykes,

Barksdale,

Eaves,

Barrett,

Edmondson,

Barrow,

Edwards,

Belt,

Ellison,

Berry,

Estes,

Blackburn,

Fagan,

Bond,

Flanders,

Bowen,

Flannigan,

Boyd,

Foster,

Brown of Carroll, Fowler,

Brown of Oglethorpe, Fraser,

Buchannon,

Frier,

Burkhalter,

Fullbright,

Burwell,

Furr,

Butt,

Geer,

Calbeck,

Gibson,

Callaway,

Glenn,

Candler,

Godley,

Cannon,

Goode,

Chamlee,

Guyton,

Clark,

Hall,

Clifton,

Hamilton,

Collum,

Harde~an1 ..

Cook of Chat'hoochee, Harris,

Cook of Telfair,

Haywood,

Cooke of Thomas, Heard,

Covington,

Hill,

Couch,

Hines,

Holder,

Howard,

Hubbard,

Huff,

Huie,

Hullender,

Jackson,

Johnson ofJasper,

Johnson of Jeff Davis,

Johnson of Towns,

Jones of Meriwether

Jones of Mitchell,

Keith,

Kendall,

Kendrick,

Lee,

Lively,

Lumsden,

Lunsford,

Matthews,

MacFarland,

McCarthy,

Mcintyre,

McMahan,

McMichael,

McMullan,

MeWilliams,

Martin,

Massengale,

Maxwell,

Mays,

Mercer,

Moore,

Morris,

Mundy,

Nix,

Nowell,

Odum,

Orr,

Parker,

Parrish,

Payton,

,.

793

Pen)t,
Persons, Peterson, Pope of Brooks, Pope of Dade, . Powell, Pric:;e of Bartow, Price of Oconee, Reid of Macon, Reid of Putnam, Reid of Wilcox, Rogers, .Rountree, Russell -Ryals,
Shaw,
.Sheffield, 'Simmons, Slade,

Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Strickland,
Stubbs,. Sumner, Swilling, Taylor of Appling. Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle,

Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward, Warnell; Watkins, \White of Madison, White of Screven, Whitley, Williams, Wilson; Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young, Mr. Speaker.

The following message was received from the Senate, .through Mr. Northen, the Secretary thereof:
Mr. Speaker:

. The Senate ha:s passed by the requisite constitutional majority, the following Senate bill, to wit:
A bill to create a new charter for the town of Bu:khead.

The Senate has passed, by the requisite constitutional majority, the following bill of the House, to wit:

A bill to amend section 4200, volume 2 of the Code of 1895.

.On motion of Mr. Burwell, the Hottse reconsidered ~i.s action in adopting the resolution providing for the
!egular order of business for tomorrow's session.

794

JOURNAL OF TH HOUSE,

The following resolution was read and adopted, to 11it:

By Mr. Adams of Chatham-

A resolution providi'ng that aU general business, just as on other legisiative days, shall be the order of business for tomorrow's session.

The following resolution, offered by Mr. Foster, was read, to wit :

WHRAS, In an editorial i'n the morning Constitution a most unjustifiable and unwarranted attack is made upon the author of the service pension bill and the other I38 members of the House who voted for its passage; and,

WHRAS, Though said bill was among the first introduced at the last session of the Legi'slature, and was during said session reported favorably by the Committee on Constitutional Amendments, by which committee said bill was again reported favorably as amended; and,

W HRAS, Sai'd bill was reached in the early part of. the present session and made a special order; and,

WHRAS, Said bill when put upon its passage occupied the consideration of the House and was debated for more than two days and when put upon its passage received I I3 votes out of the I37 members of the House present at said time; and,

WHRAS, Sai'd action of the House in defeating said bill was afterwards practically unanimously reconsidered; and,

WHEREAS. .Said bill was again made a special order

of this House and finally passed by a vote of I 39 to I I ;

and,

t

'{1

FRIDAY, AUGUS'l' 7, I9QS.

795

WHEREAS, On the day of its passage by more than a. thiee-1oul1ths vote of this House said bill was immediately ..transmitted to the Senate; and,
WHEREAS, During all this time the Constitution~ while reporting the status Gi this bill, never advanced any argument and not even one word ei'ther for or again'>t the bill ; and,
WHEREAS, After the passage of said bill, the Constitu- tion was still silent as 1:o its merits; and,

WHEREAS, Not until t\ro days after its passage of said bill in the House did said paper even oppose said bill; and,
WHEREAS, Said attack was undoubtedly made for the purpose of d~feating said hiU in the Senate; therefore be it
Resolved, by the House of Representatives, The said editorial is a most unjustifiable aJttack upon the author of said btll and the other members of the House who voted for its passage; that said editorial which reflects upon the good faith, integrity and honor of the author and supporters of the 'bill, is wholly unwarranted and untrue.
Resolved further, That the lack of information on the part of the writer of said editorial as to the results that would follow the adoption of said proposed amendment to the Constitution, unless he recklessly mistakes facts, is so apparent to the members of this House, who gave this bill due consideration and debate for nearly one whole day on its passage in addition to the two days consideration and debate previously given to it as to merit, no reply to said statement as to the result of the final adoption of said proposed amendment.

JoURNAL OF TU Hous,
Resolved further, That we are unable to account for the sudden.alarm of the Constitut-ion over the passa~ of this bill, especially as it now, two days after its passage, speaks for the first time, though the bill has been debated :hefore the House and occupied mo-re of its consideration than any other measure during the present session, save the convict bill, and while we resent the egotistical as-sumption of the Constitution to dictate to the General Assembly, we wo~der why, if this bill is so bad, that the Constitution didn't say so before we passed it.
R"esolved further, That the attention of the Constitution is called to the fact that said bill simply propose-; an amendment to the Constitution of this State and can not 'become a law until ratified at the ballot box by the votes of the people.
On motion of Mr. Bell of Fulton, the above resolution was indefinitely postponed.
The following pension resolutions, which were made the special order for ~his afternoon, were read the third time and put upon their passage, to wit:
By Mr. Adams of Wil~inson-
A resolution to put the name of Mrs. Lucy Lockhart on the pension roils.
'I'he Speaker reSiOlved the House into a committee of the whole and designated as chairman Mr. Daniel of Jenkins.
After considering the resolution the commi"ttee arose :and reported the resolution back with the recommendation that it do pass.
The report .of the committee \vas agreed to.

7..,_

On the passage of the resrilution the ayes and nays were ordered, which was as follows:

Those voting in the affirmative were 1\{~ssrs.-

Adams of ChathaJDt.. Edwards,

Adams of Elbert,

Estes,

Adkins,

Flanders,

Alexander, .

Foster,

Anderson of Cobb; Fowler,

Arnold.

Fraser,

Atkinson,

Fullbright,

Austin,

Gibson,

Ballard,

Glenn,

Barr~t,

Godley,

Barrow,

Goode,

Bell,

Guyton,

Berry,

Hamilton,

Blackburn,

Haywood,

Bond,

Heard,

Bowen,

Holder,

B9yd,

Hubbard,

Brown of Carroll, Huff,

Brown of Oglethorpe, Huie,

Buchannon,

Jackson,

Burkhalter,

Johnson of Towns,

Calbeck,

Jones of Meriwether

Catlaway,

Jones of Mitchell,

Candler,

Kendall,

Cannon,

Kendrick,

Chamlee,

Lumsden,

Clifton,

Matthews,

Cook of Telfair,

McCarthy,

Cooke of Thomas, Mcintyr-e;

Couch,

McMahan,

Crumbley,

McMullan,

Cplhreth.

MeWUli,Jllll,

Daniel,

Martin,

Dean,

Massengale,

Dunbar,

Maxwell,

Duggan,

Mays,

Eaves,

Moore,

Edmondson,

Nix,

Nowell,

Orr,

Parrish,

Payton,

Persons,

Pope of Brooks,

Pope of Dade,

Price of Bartow,

Reid of Macon,

Reid of Putnam,

Reid of Wilcox,

Rogers,

Ryals,

Simmons,

Slade,

Slater,

Smith of Campbell,.

Stephens,

Stewart,

Sumner,

Swilling,

Taylor of Sumter,.

Terrell,

Thorne,

Tift,

Townsend,

Tracy,

Trent,

Tuggle,

Tyson,

Warnell,

Watkins,

Wltite>ofMadison,.

Whitley,

Williams,

,.. f Wil$QP...

!T.~l

'

'

,rv-~---,. .

798

. JouRNAL ol' 'l'Hit Hous:tt,

Those not voting were Messrs.-

Adams of Wilkinson, Furr,

Powell,

Allen,

Geer,

Price oi Oconee,

Anderson of Bulloch, Hall,

Rountree,

Ashley,

Hardeman

Russell,

Atwater,

Harris,

Shaw,

Barksdale,

Hill,

Sheffield,

Burwell,

Hines,

Smith of Calhoun,

BuU,

Howard,

Strickland,

Clark,

Hullender,

Stubbs,

Collum,

Johnson of Jasper, Taylor oi Appling,

Cook of Chat'hoochee, Johnson of Jeff Davis, Thurman,

Covington,

Keith,

Walker of Lowndes,

.Cowan,

Lee,

Walker of Milton,

Crawicrd.

Lively,

:Walker of Wash'ton,

Davis,

Lunsford,

Ward,

Davison,

MacFarland,

White of Screven,

Dickey,

McMichael,

Wise,

Don'lh:on,

Mercer,

Wootten,

Dorminy,

Morris,

Wright of Floyd,

Dykes,

Mundy,

iWright of Ric!lmond,

Ellison,

Odum,

Wynne,

Fagan,

Parker,

Young,

Flannigan,

Perry,

Mr. Speaker.

Frier,

Peterson,

By unanimous consent the verification of the roll call was dispensed with:
On the passage of the resolution the ayes were 112, nays o.
The resolution having received the requisite constitu tional majority was passed.

Leave of absence was granted the members of the -committee to investigate the Prison Commission etc. on motion of Mr. Candler.

By Mr. Trent of HeardA resolution to pay pension due Mrs. Sarah Currens.

FRIDAY, Aucus-r 7, 1908.

799

An appropriation being involved, the Speaker resolved the House into a committee of the whole and designated as chairman Mr. Kendrick of Taliaferro.

After a consideration of the resolution the committee arose and through their chairman reported the same back with the recommendation that it do pass.

The report of the committee was agreed to.

On the passage of the resolution the ayes and nays were ordered which was as follows:

Those voting in the affirmative were Messrs.-

Adams of Chatham, Covington,

Adams of Elbert,

Couch,

Adams of Wilkinson. Crawford,

Adkins,

Daniel,

Anderson of Bulloch, Davison,

Anderson of Cobb, Dunbar,

Atkinson,

Duggan,

Austin,

Edmondson,

Ballard,

Edwards,

Barrett,

Ellison,

Barrow,

Estes,

Belt,

Flanders,

Berry,

Foster,

Blackburn,

Fowler,

Bond,

Fraser,

Bowen,

Fullbright,

Brown of Carroll, Gibson,

Brown of Oglethorpe, Glenn,

Buchannon,

Godley,

Burkhalter,

Goode,

Butt,

Guyton,

Calbeck,

Hall,

Cannon,

Haywood,

Chamlee,

Heard,

Clifton,

Holder,

Cook of Telfair,

Hubbard,

Cooke of Tho'Das, Huff,

Huie, Hullender, Johnson of Towns, Jones of Meriwether Jones of Mitchell, Kendall, Kendrick, Lumsden, Matthews, McCarthy, Mcintyre, McMahan, Martin, Massengale, Maxwell, Moore, Nix, Nowell, Orr, Parker, Payton, Pope of Brooks, Pope of Dade, Powell, Price of Bartow, Reid of Putnam, Reid of Wilcox,.' :. :-.;;

soo.

J()URNAL oF 'tH Hous:,

.

Rogers, Ryals, Simmons, Slade, Smith of Campbell, Stewart, Sumner, Sw'illing,

Taylor of Sumter, Thorne, Townsend, Tracy, Trent, Tyson, Walker of Lowndes, Walker of Wash'ton,

Ward, Warnell, Watkins, White of Screven, Whitley, Williams, Wilson, Young,

Those not voting were Messrs.-

Alexander,

Furr,

Persons,

Allen,

Geer,

Peterson,

Arnold,

Hamilton,

Price of Oconee,

Ashley,

Hardeman,

Reid of Macon,

Atwater,

Harris,

Rountree,

Barksdale,

Hill,

Russell,

Boyd,

Hines,

Shaw,

Burwell,

Howard,

Sheffield,

Callaway,

Jackson,

Slater,

Candler,

Johnson of Jasper, Smith of Calhoun,

Clark,

Johnson of Jeff Davis, Stephens,

Collum,

Keith,

Strickland,

Cook of Chat'hoochee, Lee,

Stubbs,

Cowan,

Lively,

Taylor of Appling,

Crumbley,

Lunsford,

Terrell,

Culbreth,

MacFarland,

Thurman,

Davis,

McMichael,

Tit,

Dean,

McMullan,

Tuggle,

Dickey,

Me Williams,

Walker of Milton,

Donalson,

Mays,

White of Madison,

Dorminy,

Mercer,

Wise,

Dykes,

Morris,

Wootten,

Eaves,

. Mundy,

Wright of Floyd,

Fagan,

Odum,

Wright of Richmond,

Flannigan,

Parrish,

Wynne,

Frier,

Perry,

Mr. Speaker.

By unanimous consent the verification of the roll calt was dispensed with.

On the passage of the resolution the ayes were 105,.
mys o.

FRIDAY~ AuGusT 7, 1908.

801

The resolutiOn. having received the requisite constitu. tional majOrity was passed.
By Mr. Johnson of Jasper-
A resolution to pay the pension due Mrs. L. L. ~odge.

An appropriation being involved, the Speaker resolveJ the House into a committee of the whole and designated as chairman Mr. Johnson of Towns.
After a oonsideration of the resolution the committee arose and reported the resoluitiOn 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 and nays were ordered and the vote was as follows :

T.hose voting in the affirmative were Messrs.-

Adams of Chatham, Butt.

Adams of Elbert,

Calbeck,

Adkins,

C.allaway,

Alexander,

Cannon,

Anderson of Cobb, Chamlee,

Atkinson,

Clifton,

Austin,

Cook of Telfair,

Ballard,

~ooke of Thomas,

Barrett.

Covington,

Barrow,

Couch,

Bell,

Cowan,

Berry,

Crawford,

Biackbum,

Crumbley,

Bond,

Daniel,

Bowen,

Davison,

Brown of Carroll, Edmondson,

Brown of Oglethorpe, Edwards,

Buchannan,

Ellison,

Burkhalter,

Estes,

&llaJ

Flanders, Flannigan, Foster, Fowler, Fraser, Frier, Fullbright. Gibson, Glenn, Godley, Goode, Guyton, Hamilton, Harris, Haywood, Heard, Hill, Holder, Hubbard,

... - - . -. --:: r

H~lf.
H~ie,
Hullender,
Johnson of Towns, Jones of Meriwether Jones of Mitchell,
KeitJ:t,
Kendall,
~endri~k.
Lee, Lumsde!J, Matthews, McCarthy,
:M:cMaha.n, MeWilliams, Martin, Massengale,
Maxwell,

M~;rcc;r,
Moore, Nix, Orr, Persons, Pope of Brooks, Pope of D;lde, Powell,
Price Qf :BartQw, Reid of Macon, Reid of Putnam, Reid of Wilcox, Rogers,
~ou,ntree,
Sheffield, Simmons, Slade,

Slat,c;r, Smith of Campbell, Stewart, Strickland, Sumner, Swilling, Taylor of Sumter, Thorne, Tracy, Trent, Tyson, Walker of Lowndes, Walker of Wash'ton, Ward, Watkins, Williams, Young,

Those not voting were Messrs.--

Adams of Wilkinson, Geer,

Russell,

Allen,

Hall,

Ryals,

Anderson of Bulloch,. Hardeman,

Shaw,

Arnold,

Hines,

Smith of Calhoun,

Ashley,

Howard,

Stephens,

Atwater,

Jackson,

Stubbs,

Barksdale,

Johnson of Jaspt.r, Taylor of Appling,

Boyd,

Johnson of Jeff Davis, Terrell,

Burwell,

Lively,

Thurman,

Candler,

Lunsford,

Tift,

Clark,

MacFarland,

Townsend,

Collum,

Mcintyre,

Tuggle,

Cook of Chat'hoochee, McMichael;

Walker .of Milton,

Culbreth,

McMullan,

Warnell,

Davis,

Mays,

White of Madison,

Dean,

Morris,

white of Screven,

Dickey,

Mundy,

Whitley,

!>onalson,

Nowell,

Wilson,

Dorminy,

Odum,

Wise,

Dunbar,.

Parker,

Wootten,

Duggan,

Parrish,

Wright of Floyd,

Dykes,

Payton,

Wright of Richmond,

Eaves,

Perry,

Wynne,

Fagan,

Peterson,

Mr. Speaker.

Furr,

Price of Oconee,

By unanimous consent the veritkation of the roll call
was dispensed with.
On tf:te ~ of the resolution the ayes were "f-0!/,
nays o.

The resolution having received the requisite constitutional majority was passed.

By Mr. Ward of Coffee-.

A resolution to pay pension due Jno. M. Surrency to his widow.
An appropriatiqn being ~valved in the resolution, the Speaker resolved the House inro a committee of the whole, and sfesignated as .chairman Mr. Flannigan.

After a consideration qf the resolution the committee
arose and reported the same back with the recommenda-
tion that it do pass.

The report of the committee was agreed to.

On the paS&age of the resolutiQn the ayes and ~Y$ ~ ordered, which was as follows :

ThQs~ votit1g in the affirmative were Messrs.-

Adamsof Chatham, Adams of Elbert, ..
Adkins, Alexander, Anderson of Co~, Arnold, Atkinson, Ballard, Barrett, Barrow,

Bell,

Cannon,

Berry,

Chamlee,

Blackburn,

Clifton,

Bond,

Cooke of Thoma$,

Brown of Carroll, Covington, .

Brown of Oglethorpe. Couch,

Buchannon,

Crumbley,

Butt,

Daniel,

Calbeck,

Davison,

Callaway,

Dean,

804

JouRNAL oF TH Hous:e,

Donalson, Dorminy, Dunbar, Edmondson, Edwards, Ellison, Flanders, Flannigan, Fraser, Frier, Fullbright, Gibson, Glenn, Godley, Goode, Guyton, Hamilton, Haywood. Heard, Holder, Hubbard, Huff, Hullender, Johnson of Towns, Jones of Mitchell,

Keith, Kendall, Kendrick, Lee, Lumsden, Matthews, McCarthy, Mcintyre, McMahan, Me William-;, Moore, Nix, Orr, Parker, Parrish, Perry, Persons, Pope of Brooks, Pope of Dade, Powell, Reid of Macon; Reid of Putnam, Reid of Wilcox, Rogers,

Rountree, Simmons, Slade, Slater, Smith of Campbell, Stephens, Strickland, Sumner, Taylor of Sumter, Terrell, Thorne, Tracy, Trent, Tuggle, Tyson, Walker of Milton, Walker of Wash'ton. Ward, Warnell, Watkins, White of Madison, Williams, Wynne, Young,

Those not voting were Messrs.-

Adams of Wilkin!lon, Crawford,

Allen,

Culbreth,

Anderson of Bulloch, Davis,

Ashley,

Dickey,

Atwater,

Dugg2q,

Austin,

Dykes,

Barksdale,

Eaves,

Bowen,

Estes,

Boyd,

Fagan,

Burkhalter,

Foster,

Burwell,

Fowler,

Candler,

Purr,

Clark,

Geer,

Collum,

Hall,

Cook of Chat'hoochee, Hardeman,

Cook of Telfair,

Harris,

Cowan,

Hill,

Hines, Howard, Huie, Jackson, Johnson.of Jasper, Johnson of Jeff Davis. Jones of Meriwether. Lively, Lunsford, MacFarland, McMichael, McMullan, Martin, Massengale, Maxwell, Mays, Mercer,

FRIDAY, Auct:rsT 7, 19(>8.

806

.Morris, Mundy, Nowell, Odum, Payton,
Peterson, Price of Bartow, Price of Oconee, Russell, Ryals,

Shaw, Sheffield, . Smith of Calhoun, Stewart, Stubbs, Swilling, Taylor of Appling, Thurman, Tift, Townsend,

Walker of Lowndes;

White of Screven,

Whitley,

Wilson,

Wise,

Wootten,

Wright of Floyd,

Wright of Richmond,

Mr. Speaker.



By unanimous consent the verification of the roll call was dispensed with.

On the passage of the resolution the ayes were 103, nays o.

The resolution having received the requisite constitutional majority was passed.

By Mr. Barrett of Stephen~
A resolution to pay pension due F. M. Rice.

An appropriation being involved, the Speaker resolved the House into a committee of the whole and designated as chairman Mr. Ballard of Newton.

After a donsideration of the resolution the committee arose and reported the same back to the House with the recommendati'on that it do pass.
The F~t of the committee was ~greed to.

On the passage of the 'bill the ayes and nays were
ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams of Chatham, Adams of Wilkinson, Alexander,

Adams of Elbert,

Adkins,

Anderson of CObb,

Atkin'sdft,

Fowler,

Ballard,

Fraser,

Barrett,

Frier,

Barrow,

Fullbright,

Bell,

Geer,

Berry,

Gibson,

Blackbuni;

Glenn,

Boit<l,

Godley,

Brown of Cari'OH, Goode,

Brown of Oglethorpe. Guyton,

Buchannon,

Haywood,

Burkhalter,

Hill,

Burwell,

Holder,

Butt,

Hubbard,

Cal beck.

Huff,

Callaway,

Huie,

Cannon,

Hullender,

Chamlee,

Johnson of Towns,

Clatk,

Jones of Meriwetln!r,

Clifton,

Keith,

Cook of Chat'hoochee, Kendall,

Cooke of Thomas, Kendric-k,

Covington,

Lee,

Couch,

Lunsford,

Crawford,

Matthews,

Crumbley,

MacFarland,

Diutiel,

McCarthy,

Davison,

McMahan,

Dunbar,

MeWilliams,

Edmondson,

Martiri,

Ellison,

Moore,

Estes,

Nix,

Flanders,

Orr,

Flannigan,

Parker,

Foster,

Parrish, Perry, Pope of Brooks, Pope of Dade, Reid of Macon, Reid of Putnam, Reid of WilcoX, Rogers, Russell, Ryals, Sheffield, Simmons, Slade, Smith of Campbell, Stephens, Stewart, Strickland, Sumner, Taylor of Sumter. Thorne, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Wash'ton. Ward,
Warnel~
Watkins, White of Madisi:nt. White of Screven. Whitley, Williams, Young,

Those not voting were Messrs.-

Allen,
Anderson of Bulloch, Arnold, Ashley, Atwater, Austin,
Bark~

Bowen,
Bo,.J, Candler, Collum, Cook of Telfair, Cowan, Culbreth,

DaVi~,
Dean, Dickey, Donalson, Dorminy, Dugtttt, Dykes,

EaTes;

McMiehaeJ,

Edwards,

McMullan,

Fagan,

Massengale,

Furr,

Maxwell,

Hall,

Mays,

Hatniltou;

Mercer,

Hardeman,

Morris,

Harris,

Mundy,

Heard,

Nowelt,

Hines,

Odum,

Howard,

Payton,

Jackson,

Persons,

Johnson of Jasper, Peterson,

Johnson of Jeff Davis, Powell,

Jones of Mitchell, Price of Bartow,

Lively,

Price of Oconee,

Lumsden,

Rountree,

Mcintyre,

Shaw,

Slater, Smith of Calhoun, Stubbs, Swilling, Taylor of Appling, Tertell. Thurman, Tift,
W alkef of Lowndes,
Walker of Milton, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond,
~Wynne,
Mr. Speaket.
~- .;.....: ..

By unanimous consent, the verification of the roll calf ~as dispensed with.

On the passage of the resolution the ayes were wg, nays o.

The resolution having received the requisi'te constitutional majority was passed.
On motion of Mr. Blackburn, the session was extetided until 6 o'clock.
The hour of 4 :30 o'clock p.m. having arrived1 the pension resolutions were carried over as unfinished btl~
ness.
By unaniin.Ous consent the following resoluti6ti. was read the third time and put upon its passage, to wit:

By Mr. Trent of Heard-
A resolution to pay pension due Mrs. S. F. Crain for 1907

808

JouRNAL oF TBJt HousJt,

An approp :ation being- involved, the Speaker resolved the House in:o a committee of the whole and designated as chairman Mr. Sheffield of Decatur.

After a consideration of the resolution the committee
arose and through its chairman reported the same back
with the recommendation that tt do pass.

The report of the committee was agreed to. \._.
On the passage of rhe bill the ayes and nays were
ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Adams of Chatham, Daniel,

Adkins,

Dunbar,

Alexander,

Edmondson,

Anderson of Cobb, Edwards,

Atkinson,

Ellison,

Austin,

Estes,

Ballard,

Flanders,

Barrett,

Flannigau,

Bell,

Foster,

Berry,

Fowler,

Blackburn,

Fraser,

Bond,

Frier,

Bowen,

Fullbright,

Brown of Carroll, Geer,

Brown of Oglethorpe, Gibson,

Buchannan,

Glenn,

Burkhalter;

Godley,

Butt,

Goode,

Calbeck,

Guy.ton,

Callaway;

Hill,

Cannon,

Holder,

Chamlee,

Howard,

Clifton,

Hubbard,

Cooke of Thomas, Huff,

Covington,

Huie,

Couch,

Hullender,

Crawford,

Johnson of Towns,

Jones of Meriwether, Jones of Mitchell, Keith, Kendall, Kendrick, Lunsford, Matthews, MacFarland, McCarthy, McMahan, McWilliams, Martin, Massengale, Mercer, Moore,. Nix, Orr, Parker, Parrish, Persons, Pope of Brooks, Pope of Dade, Reid of Macon, Reid of Putnam, Rountree, Russell,
Ryals,

FRIDAY, AuGusT.7, r9Q8.

809

Sheffield, Simmons, Slade, Smith of Calhoun, Smith 9f Campbell, Sumner, Swilling, Taylor of Sumter,

Thorne, Townsend, Tracy, Trent, Tyson, Walker of Lowndes, Walker of Milton,

Walker of Wash'ton, Ward, Warnell, Watkins, White of Screven, Williams, Young,

Those not voting were Messrs.-

Adams of Elbe~t.

Eaves,

Peterson,

Adams of Wilkinson, Fagan,

PDwell,

Allen,

Furr,

Price of Bartow,

Anderson of Bulloch, Hall,

Price of Oconee,

Arnold,

Hamilton,

Reid of Wilcox.

Ashley,

Hardeman.

Rogers,

Atwater,

Harris,

Shaw,

Barksdale,

Haywood,

Slater,

"Barrow,

Heard,

Stephens,

:Boyd,

Hines,

Stewart,

"Bunvell,

Jackson,

Strickland,

.Candler,

Johnson of Jasper, Stubbs,

.Clark,

Johnson of Jeff Davis, Taylor of Appling,

Collum,

Lee,

Terrell,

.COOk of Chat'hoochee, Lively,

Thurman,

.Cook of Telfair,

Lumsden,

Tift,

Cowan,

Mcintyre,

Tuggle,

Crumbley,

McMichael,

White of Madison,

-Culbreth,

McMullan,

Whitley,

navis,

Maxwell,

Wilson,

Davison,

Mays,

Wise,

nean,

Morris,

Wootten,

Dickey,

Mundy,

Wright of Floyd,

Donalson,

Nowell,

Wright of Richmond,

Dorminy,

Odum,

Wynne,

Duggan,

Payton,

Mr. Speaker.

Dykes,

Perry,

By unanimous consent, the verification of the ron call was dispensed with.

On the passage of the resolution the ayes were 103, nays o.

sto

The resolution having received the requisite constitutional majority was passed.
By unanimous consent, the sessiOn was further extended for ten minutes purely for the consideration of local matters.
Mr. Tyson gave notice that at the proper time he would move to reconsi'der the action of the House in passing the above bill.
By unanimous consent the following bill was taken from the table, read the third time and put upon its passage, to wit :
By Messrs. Warnell, McFarland and Clifton-
A bill to detach and remove t'he counties of Tattnall and Toombs from the Middle judicial circuit and attach them to the Atlantic judicial circuit.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the Speaker ordered a call of the roll to ascertain if a quorum be present and the ayes and nays were as follows:

Those voting in the affirmative were Messrs. -

Adkins, Alexander, Anderson of Bulloch, Anderson of Cobb, Atkinson, Austin, BaRard, Barrett,

Bell, Berry,
Blackburn,
Bond,
Bowen, Brown of Carroll, Bro'wn of Og1et&otpe. Buchannon,

Burkhalter, Burwell, Butt, Calbeck, Cannon, Chamlee, Cook ofTelfair, Cooke of Thomas,

Fii&Av, AUGUsT 7, t9DS.

81'1

Covitfgton, Couch, Crawford. Crumbley, Davison. DeaD, Donalson, Dunbar, Edmondson, Ellison, Estes, Flannigan, Foster, Fowler, Fraser, Frier, Fullbright,
Gibson. Glenn. Godley, Guyton, Han, Hamilton. Heard, Hill, Hoider,

Howard, Hubbard, Huff,
Hullender, ..
Johnsori ot 'towns,
J ont-s ot Meriwether.
Jones of Mitc1iet1,
Keith, Kendall, Kendrick, Lumsden. Matthews, MacFarland, McCarthy, McMahan, McWilliams, Martin, Massengale, Moore, Nix, Orr, Pafket; Parrish, Persons, Pope of Broeks, Pope of Dade,

Powell,
Reid of W!lcox,
Rogers, Russell, Ryals, Simmons, Slade, Slater, Smith of Camp~ Stephens, Sumner, Swilling, Taylor of Sumter, Thorne, Thurman, Townsend, Tracy,
Trent,
Tuggle, Walker of Lowndes. Walker of Milton, Walker of Wash'ton. WameU, Watkins, Williams, Young,

Those vOting in the negative were Messrs.-

White of Screven,

Those not voting were Messrs.-

Adams of Chatliaiti, Adams of Elbert,
Adams of Willririson.
AHeit,
Arnold, Ashley, Atwater, Barksib.ie,
Ba'rr&W,
Boyd, Callaway,
Candler,

Clark,

Eaves,

Clifton,

Edwards,

Collum,

Fagan,

CoOte of Chat'JmOchee, Flanders,

CoWa!t,

Furr,

Culbreth,

Geer,

Daniel,

Goode,

DaviS,
Ditkey,

Hardeman,
Hatrl~

Dorminy,

Haywood,

Duggan,

HineS,

Dy}M,

Jtuie,

8-12

JOURNAI, OP' THE. Houst,

Jackson,

Odum,

Johnson of Jasper, Payton,

Johnson of Jeff Davis, Perry,

Lee,

Peterson,

Lively,

Price of Bartow,

Lurtsford,

Price of Oconee,

Mcintyre,

Reid of Macon,

McMichael,

Reid of Putnam,

McMullan,

Rountree,

Maxwell,

Shaw,

Mays,

Sheffield,

Mercer,

Smith of Calhoun,

Morris,

Stewart,

Mundy,

Strickland,

Nowell,

Stubbs,

Taylor of Appling, Terrell, Tift, Tyson, Ward, White of Madison, Whitley, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmom'~ Wynne, Mr. Speaker.

By unanimous consent the veri"fication of the roll call was dispensed with.

On the passage of the bill the ayes were 102, nays I.

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

The time having been consumed which was set asid.! for consideration of unanimous consents, the House agai1 took up the special orders, which were the following pension resolutions, to wit :
By Mr. Bond of Forsyth-
A resolution to pay the pension due W. A. Stanford.
An appropriation being involved, the Speaker resolved the House into a committee of the whole and designated as chairman Mr. Williams of Dodge.

After a consideration of the resolution the cornrniftee arose and reported the same hack with the recomrnenda~ tion that i'tdo _pass.
The report of the commi'ttee was: agreed to.

FRID'AY, AUGUST 7 'Igo8.

813

On the passage of the hill the ayes and nays were ordered, which was as follows :

Those voting in the affirmative were Messrs.-

Adams of Chatham, Flannigan,

Adkins,

Foster,

Alexander,

. Fowler,

Atkinson,

Frier,

Austin,

Fullbright,

Ballard,

Gibson,

Barrett,

Glenn,

Barrow,

Godley,

Blackburn,

Goode,

Bond,

Guyton,

Bowen,

Hamilton,

Brown of Carroll, Heard,

Brown of Oglethorpe, Hill,

Buchannon,

Holder,

Burkhalter,

Howard,

Butt,

Hubbard,

Calbeck,

Huff,

Cannon,

Huie,

Chamlee,

Hullender,

Clark,

Jackson,

.

Clifton,

Johnson of Towns,

Cooke of Thomas, Jones of Meriwether,

Covington,

Jones of Mitchell,

Couch,

Keith,

Crawford,

Kendall,

Daniel.

Kendrick,

Davis.on,

MacFarland,

Donalson.

McMahan,

Dunbar,

McWilliams,

Edmondson,

Martin,

Ellison,

Moore,

Estes,

Nix,

Orr, Parrish, Perry, Persons, Pope of Dade, Powell, Reid of Wilco%, Rogers, Rountree, Russell, Simmons. Slade, Slater, Smith of Campbell,. Strickland, Sumner, Swilling, Taylor of Sumter,. Thome, Townsend, Tracy, Trent, Tuggle, Walker of Lowndes,. Walker of Milton, Walker of Wash'ton,. Warnell, Watkins, White of Screven, Williams, Young,

Those not voting were Messrs.-

Adams of :Elbert, Adams of Wilkinson, Allen, Anderson of Bulloch,

Anderson of Cobb, Arnold, Ashley, Atwater,

Barksdale, Bell. Berry, Boyd,

BurwelJ,

Wn~

p~ w9con.ee,

Callaway, Candler,

Johnson of Jasper, Reid of Macon,
Johnson of JefF Davis, Reid of Putnam,

Collum,

Lee,

Ryals,

Cook of Chat'hoochee, Lively,

Shalf,

.Cook of Telfair,

Lumsden,

Sheffield,

Cowan,

Lunsford,

Smith Qf Gaij)QUD,

Crumbley,

Matthews,

Stephens,

.Culbreth,

McCarthy,

Stewart,

Davis,

Mcintyre,

Stubbs,

Dean,

McMichael,

Taylor of Appling,

Dickey,

McMullan,

Terrell,

Dorminy,

Massengale,

Thurman,

Duggan,

Maxwell,

Tift,

Dykes,

Mays,

Tyson,

Eaves,

Mercer,

Ward,

Edwards,

Morris,

White of Madiso.n.

Fagan,

Mundy,

Whitley,

Flanders,

Nowell,

Wit sou,

Fraser;

Odum,

Wise,

Furr,

Parker,

Wootten,

-Geer,

Payton,

Wright of Floyd,

Hall,

Peterson,

Wright of RichQJQRcf.

Hardemat~t

Pope of Brooks,

Wynne,

:Harris,

Price of BartOlW,

Mr. Speaker.

Haywood,

By unanimous consent the verification of the roll call was dispen.sed with.
On the passage of the resolution the ayes were 95.
nays o.
The bill having received the rmuisit~ cons!!tlJ#<>!11 majority was passed.

By Mr. Ballard of Newton-
A resoiution to pay pension due Thos. H. Greer to bis widow.
An appropriation being involved, the Speakctr. resolved

the House into a committee of th~ whole qnd designated as chainnan Mr. Heard of Dooly.
After a consideration of the resolution the committ~ arose and through their chainnan reported the same back with the recommendation that it do pass.
The report of the commi'ttee was agreed to:.
On the passage of the resolution the ayes and nays were order~d, which was as follows :

Those voting i11 the affirmative were Messrs.-

Adkins,

Donalson,

Alexander,

Dunbar,

Ashley,

Edmondson,

Atkinson,

Ellison,

Austin,

Estes,

Ballard,

Flannigan,

"Barrett,

Foster,

"Barrow,

Fowler,

Berry,

Frier,

"Blackburu,

Fullbright,

Bond,

Gibson,

Brown of Carroll, Glenn,

"Brown of Oglethorpe. Godley,

"Buchannon,

Goode,

Burkhalter,

Guyton,

Burwell,

Hall,

Butt,

Hamilton,

Calbeck,

Heard,

Cannon,

Hill,

Chamlee,

Holder,

Clark,

Howard,

Clifton,

Hubbard,

Cooke of ThQmas, Huff,

Covington,

Huie,

.COuch,

Hullender,

Crumbley,

Johnson of Towns,

Daniel,

. Jones of Meriwet4er

Davison,

Jones of Mitchell.

Kendall, Kendrick, Lumsden, MacFarland, McMahan, Me Williams, Martin, Moore, Nix, Orr, Parker, Parrish, Perry, Persons, Pope of Brooks, Pope of Dade, Powell, Rogers, Rountree, Russell, Simmons, Slade, Slater, Smith of Campbell, Stephens, stubbs,
Sumner, Swilling,

816

J-ouRNAL oF TBJt Ho~

r

Taylor of Sumter, Tuggle,

Watkins,

Thome,

Tyson,

White of Screven,

Townsend,

Walker of Milton, Williams,

Tracy,

Walker of Wash'ton, Young,

Trent,

Those not voting were Messrs.-

Adams of Chatham, Flanders,

Peterson,

Adams of Elbert,

Fraser,

Price of Bartow,

Adams of Wilkinson, Furr,

Price of Oconee,

Allen,

Geer,

Reid of Macon,

Anderson of Bulloch, Hardeman,

Reid of Putnam,

Anderson of Cobb, Harris,

Reid of Wilcox,

Arnold,

Haywood,

Ryals,

Atwater,

Hines,

Shaw,

Barksdale,

Jackson,

Sheffield,

Bell,

Johnson of Jasper, Smith of Calhoun,

Bowen,

Johnson of Jeff Davis, Stewart,

Boyd,

Keith,

Strickland,

Callaway,

Lee,

Taylor of Appling,

Candler,

Lively,

Terrell,

Collum,

Lunsford,

Thurman,

Cook of Chat'hoochee, Matthews,

Tift,

Cook of Telfair,

McCarthy,

Walker of Lowndes,

Cowan,

Mcintyre,

Ward,

Crawford,

McMichael,

Warnell,

Culbreth,

McMullan,

White of Madison,

Davis,

Massengale,

Whitley,

Dean,

Maxwell,

Wilson,

Dickey,

Mays,

Wise,

Dorminy,.

Mercer,

Wootten,

Duggan,

Morris,

Wright of Floyd,

Dykes,

Mundy,

Wright of Richmond,

Faves,

Nowell,

Wynne,

Edwards, Fagan,

Odum, Payton,

Mr. Speaker.

By unanimous consent the verification of the roll cali was dispensed with.

On the passage of the resolu:tiQIJ. the ayes were 97,. nays o.

8t7

The resolution having received the requisite constitutional majority was passed.

By Mr. Calbeck of Gordon-
Mc- A resolution to pay a penston to Mrs. Mary
Dougald.
The resolution involving an appropriation, the Speaker resolved the House into a comtmttee of the whole and designated as chairman Mr. Pope of Brooks.
After a consideration of the resolution the committee arose and through their chairman reporterl the same back with the recommendation that it do pass..
The report of the commi'ttee was agreed to.
On the passage of the resolution the ayes and nays were ordered, which was as follews :

Those voting in the affirmative were Messrs.-

Adkins,

Cannon,

Alexandtl',

Chamlee,

Anderson of Buttoch, Clark,

Anderson of Cobb, Clifton,

Atkinson,.

Cooke oJ Thomas,

Ausdtt,

Couch,

Ballard,

Crawford,

Barrett,

Daniel,

Barrow,

Davison,

Blackburn,

Don3lson,

Bond,

Dunbar,

Brown of Carroll, Edmondson,

BroVfn of Qaietho~ Ellison,

Bachanl)j)l1,

Estes,

Burkhaitet,

Flannigan,

Butt,

Foster,

Calbtek,

Fowler,

&2 hj

Frier, Fullbright, Gibson, Glenn, Godley, Goode, Guyton, Hamiltoft; Heard, Hill, Holder, Howard, Hubbard, Huff, Huie, Hullender, Johnson of ToWns.

Jones of Meriwether.

Jones of Mitchell,

Kendall, . Keridri~k,

Lumsden,

MacFarland,

_McMahan,

McWiHiams,

Martin,

Moore,

'Nix,

o
'

r

r'

Parker,

Parrish,

Perry, Persons, Pope of Brooks, Pope of Dade, Powell, Reid of Wilcox, Rogers, Rountree, Russell, Simmons, Slade, Slater, Smith of Campbell,
Step~ens,

Stubbs,

'\...,_,

Sumner,

Swilling,

Taylor of Sumter,

Thome,

Tracy,

Trent,

Tuggle,

Tyson,

iW'alker of Wash'ton,

Warnell.

Watkins,

Young,

Those not voting were Messrs.-

~-

Adams of Chatham, Dykes,

Mays,

Adams of Elbert,

Eaves,

Mercer,

Adams of Wilkinson, Edwards,

Morris,

Allen, .Arnold, Ashley,

Fagan, Flanders, Fraser,

Mundy, Nowell, Odum,

Atwater,

Furr,

Payton,

Barksdale, Bell, Berry, Bowen, Boyd, Burwell,

Geer, Hall. Hardeman, Harris, Haywood, Hines,

Peterson,

Price of Bartow,

Price of Oconee,

Reid of Macon,

Reid of Putuam.

Ryals,

,, ~

Callaway,

Jackson,

Shawr

Candler,

Johnson of Jaspe1, Sheffield,

Collum,

Johnson of Jeff Davis, Smith of Calhoun,

Cook of Chat'hoochee, Keith,

Stewart,

Cook of Telfair, Covington,

Lee, Lively,

Strickland,
Taylor of Appl.i.ng,

Cowan, Crumbley,

Lunsford, Matthews,

~ .. Terrell, . : ::. Thurman, . ;

Culbreth,

McCarthy,

Tift,., ..

navis,

Mcintyre;

Towmend,

Dean,

McMichael,

Walker of Lowndes,

Dickey, Tiorminy,

McMullan,
Massengale~

''! Walker of 'Milton,
.. Ward,

DusgaP,' .: .

Maxwell,

.. White of Ma~ison;

Fo~ -...-..-<v,.AucusT -7' 1.~yVv&v.

White of Screven. Whitley, Williams, Wilson,

Wise, Wootten, Wright of Floyd,

Wright of Richmond, Wyrule,--.
Mr. Speaker,

By unaniinous oonsent the verification of the roll call
was dispensed with.

On the passage of the resolution the ayes were 92, nays o.

The resolution having received the requisite constitu-

tional majority was passed,

.r

By Mr. Taylor of Sumter.,_ A resolution to pay a pension to Miranda .Johnson.

a An appropriation being involved, the Speaker resolved
the House into committee of the whole and designated

as chairman Mr. Young of Troup.

. -_

.

..

After a consideration of the resolution the committee

arose and reported the _same-back with the recommenda-

tion that it do pass.

The repOrt ofthe committee was agreed-~o,

.. -

'

~ . 1 . : ~

On the pasSage of the reSolution <the ayes an_d: p~ys were ordered and the vote wasas follows:

Those voting in the affirmative ~ere Messrs.~

....

!' ,.:

Adkins,

Barrett,

Buchannon,

Alexander, .'

Barrow,

Burkhalter,

Anderson ofBulloch,- Berry,

Butt,

' . ~ :t

Anderson of CObb, - Blackburn, '

Calbeck,

Atkinson, . -;- : Bond,

:: Cannon, ,t,:r,:.;

Austin, ,!--. Ballard, "' -

Brown of Carroll,:,- ~ Chamlee,

..t::~ .,

Brown of ()tletltor'pe, Cla~k; ,_ .': : ''.: '- ' -> ,~ .

Clifton. Cook of Telfair, Covington, Couch, Crawford, Daniel; Davison, Dean, Donalson, Dunbar, Edmondson, Ellison, Estes. Flannigan. Foster, Fowler, Fraser, Frier, Fullbright, Furr, Gibson;
G~nn,
Godley, Goode, Guyton,

Hamilton, Holder, Howa.Fd, Hubbard, Huff, Huie, Hullender, Johnson of Towns, Jones of Meriwet}ler, Jones of Mitchell, Keith, Kendall, l(endrick, Lumsden, MacFarland, McMahan, Me Williams, Martin, Moore, Nix, Orr,
Par~er,
Parrish, Persons; Pope of Brooks,

PopaoH>ade, Reid of Wilcox. Rogers,
Rountree, Russell, Simmons,
Sl;~.de,
Slater,
Smith. qf. CalllPbelt. Stubbs, Sumner, Swilling, Taylar of Sumter. Thor.ne, Townsend; Tracy, Trent, Tuggle,
TysO'n,
Walker of Wash'ton. Warnell,
Wa~ins,
Whiteof Madison, White ofScreven. Young,

Those not voting were Messrs.-

Adams of Chatham, Cooke of Thomas,

Adams of El~l!rt.

CQwan,

Adams of Wilkinson, Crumbley,

Allen,

Culi)reth,

Arnold,

Davis,

Ashley,

:Dickey,

Atwater,

Dorminy,

Barksdale,

~gg;tJl,

Bell,

Dykes,

Bowen,

Eaves,

Boyd,

Edwards,

Burwell,

Fagan,

Callaway,

Flanders,

Candler,

Geer,

Collum,

Hall,

Cook of Chat'h~ H.a,r....,.

Harris,
Hiaywood, Heard,
Hit~
Hines,
JaclfSon, Johnson of Jasper,
Jq~MD:oi Jeff Davis.
Lee,
Lively;
Lunsford,
Matti\~ Me~.
Mcintyre, McMichael, McMullan.

Masseqple,. Maxwell, Mays, Mercer, Morris, Mundy, Nowell, OiJWn, Payton,. Perry, Peterson, Powell, Price of Bartow,

Price of Oconee, Reid of Macon,
Reid of.Patna:m,
Ryals, Shaw, Sheffield, Smith of Calhoun, Stephens, Stewart, Strickland, Taylor of Appling, Terrell, 'fhurman,

Tift,

Walker of Lowndes,

Walker of Mitton,

Ward,

Whitley,

Williams,

Wilson,

Wise,

~ ..:

'Wootten,

Wright of Floyd,

Wright of Richmond,

Wynne,

Mr. Speaker.

By unanimous consent the verificati~n of the roll tall was dispensed with.

On the passage of the resolution the ayes were g6, nays o.

The reso1ntiort havi:ng received the requisite constitutional majority was passed.

The hour of 6 o'clock p.m. havi'ng arrived, the following busineSs was taken up as provided for:

The following Senate bill was read the third time and put upon its passage, to wit:

By Mr. Mattox of 4th district-

A 'bill to amend thle charter of the dty of St. Mary's.

The report of the committee, whic'h was favorable to the passage of the bill, was agreed to.
On the passage of the -bill the ayes were g6, nays o.

The ~II having received the -requisite constitutional majori'ty was passed.

822

JouRNAl, 01f THlt Houmc,

Mr. Wright Of Richmond, chairman of the committee on General Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary having. had under consideration the following bills of the Senate, in-
structed me as their chairman, to report same back t?
the House with the recommendatioo that same do pa:ss, to wit:
A bill to change time of holding Tift superior court.
A bill to require all births of children to be reported to the ordinaries of the several counties.
A bill to provide for imposing penalties on commCin carriers subverting to their own use entrusted to thent for transportation.
Also the following bill of the Senate with the recommendation that same do pass as amended, to wit:

, A bill to amend section 671, Code 1895, relative to sale of mortgaged property.
Also, the following bill of the House with the recommendation that same do not pass, to wit:
A bill to prescribe and fix qualifications of locomotive engineers.

Also, the following bills of the Senate with the recom-
to mendation that same do riot pass, wit:
; A. bill to re~late the conduct of. telegraph ..operators and train dispatchers.

A hill to prohibit county and court officers from turning over misdemeanor oonvicts to privaJt:e chaingangs.

A bill to amend section 97, Code, 1895, relative to punishment of assault with intent to murder.
Respectfully submitted.
BOYKIN WRIGHT, Chairman.

Mr. htackbum, chairman of the Special Judiciary Committee, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary having had under consideration the following btlls, direct me as its vice-chairman to report the same back to the House with recommendations as follows, to wit:
-
Senate bill No. 224, the same being a bill to be entitled an Act to amend the charter of the city of Macon, and for other purposes, do pass.

Senate bill No. 238, the same being a bill to regulate

the publication of all legal advertisements in all counties

having a population according to the census of rgoo, oi

not less than 20,400 and not more than 20,500, do pass.

.

..

House bill No. II30, the same being a bill to be en-

titled an Act to amend an Act approved October 21, 1889,_

to provide fur the creation of a board of commissianer~.

of roads and revenues in the county of Telfair, and for:

other purposes, do pass.

House bill No. 1026, the same being a- bill' to be entitled a11Act to amend an Act creating the city court of

Floyd county_ so ~s to create the office qf.solicitor. for s;tjd

COUJ1, ~do .\)C\SS. _

.

-

House 'bill No. 1125, the same being a bill to be enti-

system of tled 'an A~ to"'estabiish a

pubii~ ~hools. f~r ti1e _

city of Sylvru;ia, in the county 'c) Sc~ev~-; to pro~idc;

fior a board of education, to define their. pbw~; and fbr

oth~__pu~s\_dq_.mr~s. _ . _

House bill No. 686, tJ:le same. being a bill to authorize
the ci-iyof-Rome to maintain ahospital, do pass.
All of which is ~espectfuliy submitted.
J. R. V\TALKER, Vice-C~i'rm;m.:

. Mr. Jon~ of Meriwether, acting chairman of Com-. mittee on General Judiciary, submitted the following report:

Mr. Speaker: Your Committee on General Judiciary having had
under consideration House bills !Nos. 1042 and 796, instructs me as temporary chairman to report same back with roommendation that same do pass.
\1\'. R. JoN:ES, A~ting Chairman.

Mr. Fraser, chairman of Committee on Public Library~ submitted the following report:

Mr. Speaker:
Your Committee on Public Library having had under consideration House resolution No. 317, instruct me as their chairman, to report the same back to the House With the recommendation that it do pass.

Also that House resolution No. 318 do pass. :RespectfUlly submitted.
Do:NA.I:D Fussa, Chairman~

FRIDAY, AucuST 7, 190R.
Mr. Nowell, chairman of Committee on Corporations, :submitted the following report:
.Mr. Speaker:
Your Committee on Corporations have had under consideration the fotlo\ving Senate and House bills and direct me, as their chairman, to report same back with .tne following recommendations, to wit:
Senate bills Nos. I78 and 236 do pass..
House bills Nos. 6~7, I I35 and IOI3 do pass. Respectfully submitted.
H. G. Now:ELL, Chairman.
Mr. Donalson. chairman of Committee on Counties :and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters has oad under consideration House bill I I33, and as its chair:man I am instructed to recommend that said :bill do pass.
Respectfully submitted. ERL ~. DoNALSON, Chairman.
August 7, I9<J8.
The following House bills were read the third time :and put upon their passage, to wit :
:By Mr. Davison of Greene--
A bill to amend an Act to create the office of com-

82tl

JouRNAl. o:t 'tHlt HousJt,

missioner of roads and revenues for the county of Greene. .

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

On the passage of the bill the ayes were g6, nays o.

The bill having received the requ1si'te constitutional majority was passed.

By Mr. Huie of Clayton---'A bill to incorporate the town .of Morris Park.

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 96, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Parker of Talbot-
A bill to amend an Act to incorporate the town of Junction City.
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 95, nays C?
The bill having received the requisite constitutional majority was passed.

By Messrs. Dean, Wright and Chamlee-
A bil~ to author:~e the city of Rome to maintain a hospital.

FRIDAY, AUGUST 7, lgo8. .

827

The report of the committee, which was favorable to

the pas5age of the bill, was agreed to.



On the passage of the bill the ayes were 94, nays c.

The bill having received the requisite constitutional majority was passed.

By unanimous consent, House bill No. 794, was recommitted.

The following bills were read the second time, to wit : By Mr. Po~ of Brooks-

A bill to amend the charter of the town of Morven. By Messrs. Blackburn and Bell-

A bill to more clearly define the the name of the Technological School.

By Mr. Pope of Brooks-

A bill to incorporate the town of Dixie.

By Mr. White of Screven-

A bill to create a system of public schools in city of Sylvania.

By Mr. Hines of Baldwin-
A bil'l: to' ~~~d an Act to create a board of commis-
si~ners- for the county of Baldwin.

By Mr. Johnson of Jeff Dav-is-

..

.

A btU to create a board of commissioners of .roads and

revenues for Jeff Davis county.

By Mr. C<1ek of Telfair-
A bill to amend an Act to create a board of commissioners of l.'OOds and revenues for Telfair county.
By Mr. Jolmson of Jeff Davis-
A bill to create a board of commissioners of roads and revenues a Jeff Davis county. By Messrs. Slaton, Blackburn and Bell-
A bill to provide for the change of county lines lying within the limits of incorporated towns.
By Mr. Hall ?f Bibb-
A bill to require corporations operating steamship lines, etc., to allow any ship the same privilege in receiving or deiivering freight at their dock or Wharf.
Leave of absence was granted Messrs. Massengale,
Cook of Telfair, Eaves, Boyd, Lee of Glynn.
The order of business having been eX'hausted, the Speaker announced the House adjourned until 9 o'clock tomorrow morning.
ATI.ANTA, GA.
Saturday, Augttst 8, 1!}08.
The House met pursu:ant to adjoo~ at 9 o'clock a.m. this .day; was called to order by the Speaker and -opened with prayer by the Chaplain.

SA'tUilDAY, AuGu~T 8, 1~8.

The roll was called and the foUewing member-s a~ swered to their names :

Adams of Chatbam, Cowan,

Adams of Elbert,

Crawford,

Adams of Wilkinson, Crumbley,

Adkins,

Culbreth,

Alexander,

Daniel,

Allen,

Davis,

Anderson of Bulloch, Davison,

Anderson of Cobh1 Arnold,

Dean, Dickey,

Ashley,

Donalson,

Atkinson,

!>orminy,

Atwater,

Dunbar,

Austin,

Duggan,

Ballard,

Dykes,

Barksdale,

Eaves,

Barrett.

Edmondson,

Barrow,

Edwards,

B~

~lison,

Berry,

Estes~

Blackburn,

Fagan,

Bond,

Flanders,

Bowen,

Flannigan,

Boyd,

F~t~r>

Brown of Carroll, Fowler,

Brown of Oglethorpe;. Fr,aser,

Buchannon,

Fri~~.

Burkhalter,

Fullbright,

Burwell,

Purr,

Butt.

Geer,

Cal beck,

Gibson,

C~li4wa}',

Gli!DJ\.

Candler,

Godley,

Cannon,

Goode,

Cha~lee,

Guyton,

Clark.

Hidt,

Cllftoq;

IUua~

Collum,

Hardeman,

Coo~ qi Ch~'hQ9S;)J,~. Cook of Telfair,

l{arri!$.
H~~ood,

Ccmoo.mkegotofnT,h.o..m. as,

Heard, HiD,.

Couch,

Hines.

Holder, Howard, Hubbard, Huff, Huie, Hullender, Jackson, Johnspn of Jasper, Johnson of J eft' Da>ris,. Johnson of T-owns, Jones of Meriwether. Jones of Mitchell, Keith, Kendall, Kendrick, Lee, Lively, Lumsden, Lunsford, Matthews; MacFarland, McCarthy,
Mclll~e,
McMahan, McMicha,el, McMullan, McWilliams. Martin, Massengale, Maxwell, ~ Merc;er, Meore, Morris, Mundy, Nix, Nowell,
Q~~!lt.
Orr, Par:ker, llarria1i;
]$~

JouRNAl.- o~ TH2 Hous.:,

Perry, Persons, Peterson, Pope of Brooks, Pope of Dade, Powell, Price of Bartow, Price of Oconee, . Reid of Macon, Reid of Putnam, Reid of Wilcox, Rogers, Rount~ee, Russell, Ryals, :Shaw, Sheffield, Simmons, :Slade,

Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart. Strickland, Stubbs, Sumner, Swilling, Taylor of Appling, Taylor of Sumter, Terrell, Thorne, Thurman, Tift,.
Townsend, Tracy, Trent, Tuggle,

Tyson, Walker of Lowndes, Walker of Milton, :Walker of Wash'ten,. Ward,
Warnell.Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, . Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young, Mr. Speaker.

By unani'mous consent the r-eading of the Journal of yesterday's proceedings was dispensed with.

By unanimous consent, the following bill was read the third time and put upon its passage, to wit:

By Messrs. Orr and Couch of Coweta-'-

A bill fu amend: an Act rdating to local tax district .schools..

The committee offered a substitute for the above bill

. .

~

which was l!Ldopted.

The report of. the committee, which was favorable. to the passage of the bill by su.?stttute, was agreed to.

On the paS'sa.ge of the bill the. ayes were_ .84, pays 14.





I

,.

The bill ~~:ving failed to receive the requisit~.~onstitu-

1ional majority was lost.

By unanimous consent, the following bill was read t~e ,second time and recommitted, to wit:
Ey Messrs. Matthews and Clarke-
A bill to amend an Act to amend an Act to create a 'ooard of commissioners of roads and revenues for the 'county of Laurens.
I
By unanimous consent, the following House bill was taken up and the Senate substitute agreed to, to wit :
By Mr. Sumner of Turner-
A btll to create a board of county commissioners for the county of Turner.
The Senate proposed the following substitute:
"A bill to be entitled an Act to create a board of commissioners of roads and revepues for Turner county, as follows:
. Section r. Be i:t enacted by the General Assembly o.f the State of Georgia and it is hereby enacted by authority .of the same, That from and after the first day of January, 1909, there shall be a board of commissioners of roads and revenues for the county of Turner, consisting of three members to be elected by a vote of the qualified voters of said county at the general election for State and .. .county officers on the first Wednesday in October, 19Q8. - - Sec. 2. Be it further enacted by the authority afore-said, That each member of said board shall, before. en:tering upon the performance .of his duties, take and sub''-scribe before the clerk of the superior court of said COO.nty the foHowing :oath, tci :wit : ''You do soleirni1y

swear that you will faithfully discharge the duties of c~mmissioner of roads and revenues for the county of Turner in all matters which require your official action;. you will so act as in your judgment wiil be most conducive to the welfare and prosperi:ty of the entire county, under this Act, the Constitution and laws of the Stateof Georgia," which oath shall be filed and entered on the minutes of said board.
Sec. 3 Be irt: further enacted, That said commission-
ers shall have power to and shall exercise original jurisdiction and control in Turner county over all county matters that are now vested by law on the ordinaries of. the various counties of Georgia, having no board of commissioners of roads and revenues, so far as relates to roads,. bridges, public buildings, property, misdemeanor convicts,. manager of the county ja1l, its fees, the control and maintenance of paupers, assessing, levying and collecting taxes, and debts due the county, disbursing public money for county purposes and the execution of all laws in reference thereto, in auditing and allowing or rejecting all claims against the county of Turner, and to fix and audit the salary of the clerk. That said board of com~ missioners of roads and revenues shall have the same right, power and authority to isstlle process, summon writs, orders and subprena.s and ro punish for contempt of oour1t:s as other C'Ourts of said county and State.
Sec. 4 Be 'it enacted, That said board of commissioners of roads and revenues shall at their first meeting eled: a clerk for a term of two years who shall not be a membr of said })oo.rd and whose duty it shall be to at-
tend all meetings. of the conunissioners and keq> in a well bQund boQk full and accurate records and minutes o all
m ~r transactions, to arrange a.nd .k~. order o their

SA'l'URDAY, AuGuS'l' 8, 19QS.

833

filing all petitions, applications and other papers addressed to said commissioners, arid to record in a separate book all orders given or approved by said commissioners or their chairman for the payment of money by the county treasurer; all such books, files and records shall be provided at the expense of the county and shall be always subject to the inspection of any taxpayer of the county. Said clerk shall perform such other duti'es a~ may be required of him by said commissioners and shall at each term of the superior court of said co!-lnty submit to the grand jury, for thei'r inspection, the book of minutes and records of orders upon the county treasurer. Said clerk shall be paid a monthly salary out of the county treasury not to ~xceed twenty-five dollars per month. Before entering upon his duties, said clerk shall execute a bond with solvent security in the sum of $I,ooo, conditioned for the faithful performance of his duties i ~aid bond shall be approved by the chairman of said board of commissioners and recorded upon the minutes of said_ board.
Sec. 5 Be it further enacted, That said commissi"oners at their first meeting in each year shall elect one of their members a chairman, whose duty it shall be to preside at all meetings; to approve and sign the minutes of each meeting, and to sign, as chairman, each and every process, writ, summons, subprena or order.
Sec. 6. Be it further enacted, That the treasurer of , said county shall not disburse or pay out any funds. be-
longing to the county on any order, unless the same is. signed by the chairman of said board and the clerk thereof; provided, this shall not apply to jury scrips and orders drawn by the judge of the superior court.
li8h

834

joURNAL OF THE HoUSE,

Sec. 7 Be it further enacted, That a majori.ty of said
commissioners shall constitute a quorum to transact business or exercise any power herein delegated pertaining to the duties of said commissioners; provided, however, in contested or disputed matters a majority of the entire board shall control.

Sec. 8. Be it further enaoted, That vacancies in said board shall be filled at a special election, called by the ordinary after thirty _days' notice thereof in the papers in which the advertisements of the sheriff of said county are published, to be held under the same laws and regulations as elections for members of the General Assembly, said election to be held only for the unexpireti term; provided, however, that in cases :where the unexpir.!<Lterm is less than one year, the board of commissioners shall fill same by appointn:tent.

Sec. 9 Be it further enacted, That said board of _ commissioners shall meet at 9 o'clock a.m. on the first Tuesday in each month and on any other date that the chairman may call a meeting.

Sec. 10. Be it further enacted, That said commission shall receive two dollars per day for each day's service rendered to the county, to be paid out of the treasury of said county, on an order drawn by order of the board and signed by the chairman and the clerk. Said commissioners shall be exempt from road and jury duty, and shall be subjeot to prosecution for malpractice i'n office in the same manner as justices of the peace.

Sec. I I. Be it further enacted, That all laws and

parts of laws in conflict with this Act be and the same

are hereby repealed.

_.

SATURDAY, AuGuST 8, 19(>8

835

By unanimous consent the following bill was read the third time and put upon its passage, to wit :

By Mr. Slade of Muscogee-
A bill to exempt police and firemen of cities from the general exclusion of free passes.
The substitute proposed by ~he committee was agreed to.

The report of the committee, which was favorable to the passage of vhe bill by substitute, was agreed to.
On the passage of the bill the ayes were 89, nays 29.

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

Mr. Russell gave noti_ce that at the proper time he would move to reconsider the action of the House in not passing House bill No. 898, which appears above.

The following message was received from the Senate, through Mr. Northen, Secretary thereof :

Mr. Speaker: The Senate has passed, by the requisite constitutional
majority, the following resolution of the House, to wit:
A resolution to pay pension of Mrs. E. J. Coker, de-
ceased, for year 1903 to A. M. Johnson of Webster county.
The Senate has passed as amended, by the requisite constitutional majority, the following House bills, to
wit:

836

JoURNAl, OF TH HOUS,

A bill to protect the health and provide for the comfort of the traveling public, to insure good sanitary and hygienic conditions in hotels and public inns, and for other purposes.

A bill to amend the charter of the city of Waynesborc.

The Senate has passed, by the requisite constitutional majority, the following House bill, to wit:

A bill to amend an Act to create a board of commissioners of roads and revenues for the county of Randolph.

The following message was received from the Senate, through Mr. Norrhen, Secretary thereof:

Mr. Speaker:

The Senate has passed, by the requisite constitutional majority, the following bills of the Senate, to wit:

A bill to amend section 492 of the Penal Code.

A bill to regtilate the number of hours of telegraph and telephone operators and other persons. engaged in handling of trains.

A bill to amend an Act to prescribe the method of testing illuminating oils.

A bill to extend t>he present school book contract until January I, 19II, and for other purposes.

A biU to authorize the mayor and council of Cumming and the trustees of the Cunnning public school district to order an election upon issuance of school bonds.



SATURDAY, AuGusT 8, 1go8.

83'i'

A bill to amend the charter of the city of Dalton.

A bill to amend the charter of the city of Dalton.

ATLANTA, GA., August 8, 1908.
The following message was received from his Excellency the Governor, through his secretary, Mr. Carter:

Mr. Speaker:
His Excellency the Governor has approved and signed the following Acts, to wit:

An Act to abolish the county court of Effingham county.

An Act to create the city court of Springfield.

An Act to amend an Act creating a board of county commissioners for Putnam county.

An Act to provide for confirming and validating all bonds issued by counties or municipalities since the adoption of the Constitution of 1877.
An Act to amend an Act creating the charter of the town of Cordele.
An Act to amend an Act incorporating the town of Cordele.
An Act to repeal rhe Act approved August 6, 1870, making the public roads of Terrell county twenty feet wide.
An Act to amend an Act incorporating the city of Vienna.



838

JOURNAL OF TH HOUSI<:,

An Act to make certain appropnatwns to the U niversity of Georgia for the use of the Technological School for the completion of the Carnegie Library building.

An Act to amend an Act creating the Haralson schoc.l district. .

An Act to prohibit the employment of inexperienced persons as engineers.

An Act to amend an Act creating a board of county commissioners for Glascock county.

An Act to appropriate to the State University for the
use of the State Normal Sch'OOl the sum of $I s,o'OO.

An Act to amend the Act creating a board of county commissioners for Monroe county.

An Act to appropriate $w,ooo to the State University.

An Act to authorize the road commissioners of Cherokee county to order and have held an election by the qualified voters of said county.

An Act to amend the charter of the town of Center.

An Act to extend the time within which work shall be commenced on the Georgia, Southwestern & Gulf Railroad.

An Act to amend the charter of the cfty of Douglas.

An Act to incorporate the town of Woodland.

An Act to amend the charter of the town of Midville.

An Act to incorporate. the town of Riverdale.

SAtuRDAY, Aucus'r 8, Igo8.

839

An Act to repeal the charter of the town of Fairmount.

An Act to incorporate the city of Warrenton.

An Act to amend the charter of the city of Cordele.
An Act to appropriate the sum of $I 5,000 to the Georgia Normal and Industrial College to eqmp and repair the buildings, etc.

An Act to amend an Act creating a board of county commissioners for Dooly county.
An Act to establish and maintai~ a system of public s~hools in the city of Hartwell.

An Act to amend the Constitution of this State so as to define the qualifications of voters, etc.

An Act to create a new charter for the city of Eatonton.

An Act to repeal the charter of the town of Eatonton.

An Act to authorize the mayor and council of Decatur to issue bonds for buying real estate for school purposes.
An Act to authorize the mayor and council of Decatur to issue bonds for the purpose of enlarging and extending the waterworks system.

An Act to repeal an Act approved September 23, I88r, establishing a new C'harter for ~he town of Franklin.

An Act !o incorporate the city of Kingsland, in Camden county..

840

JOURNAl. OP TH: Hous:.:,

An Act to amend an Act estabHshing vhe city court of Newton.

An Act to create a board of county corhmissi'oners for Crisp county.

An Act to authorize the town of Calhoun, in Gordon county, to convey by deed to D. L. Gardner a parcel of the town commons.

An Act to establish a new charter for the town of Fairmount.

An Act to create a new charter for the city of Blue Ridge.

The following message was received from the Senate, through Mr. Northen, Secretary vhereof:

Mr. Speaker: The Senate has adopted the following resolution:

WHEREAS, The Lower House has arrogated to itself the positi'on of instructor to the Upper House; and
WHEREAS, The S~ate is at times inclined to treat seriously the bills emanating from the House, therefore be it

Resolved, by the Senate, That the House be and it is hereby requested to do please tell us what to do with
its latest delivery, the Foster pension bill.
-
By unanimous consent, the session of the House was extended five minutes for the purpose of reading Senate bills a second time.
Mr. Huff moved that the session be extended for an

SATURDAY, AuGusT 8, 19()8.

841

additional ten minutes for the purpose of taking up House bill No. 815 for a third reading.

Mr. Candler of DeKalb called for the continuing special order, which is the following appropriation bill, to wit:

By Mr. Candler-

A resolution to pay the expenses of the special joint committee to investigate the prison department.

The Speaker resolved the House into a committee of the whole and designated as chairman Mr. Dykes of Sumter.

After a consideration of the resolution the committee arose and reported the same back with the recommendation that it do pass as amended.

The committee proposed to amend by inserting in the blank before word "dollars," the words "$3,000."
The amendment was adopted.

The report of the committee 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 .follows :

Those voting in the affirmative were Messrs.-

Adams of Chatham, Adams of Elbert, Adams of Wilkinson, Adkins, Alexander,

Anderson of Cobb, Atkinson, Austin, Ballard, Barrett,

Barrow, Blackburn, Bond, Bowen, Brown of Carroll,

812

JOURNAL OF THE HousE,

Brown of Oglethorpe, Haywood,

Price of Oconee,

Buchannan,

Hill,

Reid of Macon,

Burkhalter,

Hines,

Reid of Putnam, .

Butt,

Holder,

Reid of Wilcox,

Calbeck,

Howard,

Rogers,

Candler,

Hubbard,

Rountree,

Chamlee,

Huff,

Russell,

Clifton,

Huie,

Ryals,

Collum,

Hullender,

Shaw,

Cook of Chat'hoochee, Jackson,

Simmons,

Cooke of Thomas, Johnson of Jeff Davis, Slade,

Crawford,

Johnson of Towns, Slater,

Culbreth,

Jones of Meriwether. Smith of Campbell,

Daniel,

Jones of Mitchell,

Stephens,

Davison,

Keith,

Stewart,

Dean,

Kendall,

Sumner,

!:>onalson,

Kendrick,

Swilling,

Dorminy,

Lumsden,

Taylor of Sumter,

Dunbar,

Lunsford,

Thorne,

Dykes,

Matthews,

Thurman,

Edmondson,

MacFarland,

Tift,

Estes,

Mcintyre,

Townsend,

Flanders,

McMahan,

Tracy,

Flannigan,

McMichael,

Trent,

Fowler,

McMullan,

Tuggle,

Frier,

Me Williams,

Tyson,

Fullbright,

Martin,

Walker of Wash'ton,

Gibson,

Moore,

Ward,

Glenn,

Odum,

Warnell,

Godley,

Orr,

White of Screven,

Goode,

Parrish,

Williams,

Guyton,

Persons,

Wise,

Hall,

Pope of Brooks,

Wynne,

Hamilton,

Pope of Dade,

Young,

Harris, .

Powell,

Those not voting were Messrs.-

Allen, Anderson of Bulloch, Arnold, Ashley, Atwater, Barksdale, Bell,

Berry, Boyd, Burwell, Callaway, Cannon, Clark, Cook of Telfair,

Covington, Couch,
Cowan,
Crumbley, Davis, Dickey, Duggan,

SATURDAY, AuGuST 8, rgQS.

843

Eaves, .Edwards, Ellison, Fagan, Foster, Fraser, Furr, Geer, Hardeman, Heard, Johnson of Jasper, Lee, Lively, McCarthy, Massengale,

Maxwell, Mays, Mercer, Morris, Mundy, Nix, Nowell, Parker, Payton, Perry, Peterson,
Price of Bartow, Sheffield, Smith of Calhoun,

Strickland, Stubbs, Taylor of Appling, Terrell, Walker of Lowndes, Walker of Milton, Watkins, White of Madison, Whitley, Wilson, Wootten, Wright of Floyd, Wright of Ridunoncl,

By unanimous consent the verification of the roll cail was dispensed with.

On the passage of the resolution the ayes were I 19, nays o.

The resolution having received the requisite constitutional majority was passed as amended.

By Mr. Davison-

A resolution to pay Mrs. L. H. Ledsinger for copying pension rolls in the pension office.

An appropriation being involved, the Speaker resolved the House into a committee of the whole and designated as chairman Mr. Austin of Murray.

After a consideration of the resolution the committee arose and through its chairman reported the same bac~ with the recommendation that it do pass.

The report of the coq1mittee was agreed to.

8

JoURMA~ Olf THE HousE,

On the passage of the resolution the ayes and nays were ordered which was as follows :

Those voting in the affirmative were Messrs.-

Adams of Chatham, Estes,

Maxwell,

Adams of Elbert,

Flannigan,

Moore,

Adams of Wilkinson, Foster,

Odum,

Adkins,

Frie~;,

Orr,

Alexander,

Fullbright,

Parker,

Anderson of Bulloch, Geer,

Parrish,

Anderson of Cobb, Glenn,

Payton,

Atkinson,

Godley,

Perry,

Austin,

Goode,

Persons,

Ballard,

Guyton,

Pope of Brooks,

Barrett,

Hamilton,

Pope of Dade,

Barrow,

Hardeman,

PowelL

Berry,

Harris,

Price o{Oconee,

Blackburn,

Haywood,

Reid of Macon,

Bond,

Heard,

Reid of Wilcox,

Brown of Carroll,

Hines,

Rogers,

Brown of Oglethorpe, Holder,

Rountree,

Buchannon,

Howard,

Russell,

Burkhalter,

Hubbard,

Ryals,

Burwell,

Huff,

Shaw,

Butt,

Huie,

Simmons,

Calbeck,

Hullender,

Slade,

Callaway,

Johnson of Jeff Davis, Slater,

Candler,

Johnson of Towns, Smith of Calhoun,

Cannon,

Jones of Meriwether, Smith of Campbell,

Chamlee,

Jones of Mitchell,

Stephens,

Clark,

Keith,

Stewart,

Clifton,

Kendall,

Stubbs,

Cooke of Thomas, Kendrick,

Sumner,

Covington,

Lumsden,

Swilling,

Couch,

Lunsford,

Taylor of Sumter,

Crawford,

Matthews,

Terrell,

Culbreth,

MacFarland,

Thorne,

Davison,

McCarthy,

Tift,

Dean,

Mcintyre,

Townsend,

Donalson,

McMahan,

Tracy,

Dykes,

McMullan,

Trent,

Edmondson,

McWilliams,

Tuggle,

Ellison,

Martin,

Tyson,

SATURDAY, AUGUST 8,. 1908.

845

Walker of Lowndes, Walker of Milton,
Walker of Wash'ton, Ward,

Warnell, White of Madison, White of Screven,

Williams, Wynne, Young,

Those not voting were Messrs.-

Allen,

Eaves,

Arnold,

Edwards,

Ashley,

Fagan,

Atwater,

Flanders,

Barksdale,

Fowler,

Bell,

Fraser,

Bowen,

Furr,

Boyd,

Gibson,

Collum,

Hall,

Cook of Chat'hoochee, Hill,

Cook of Telfair,

Jackson,

cowan,

Johnson of Jasper,

Crumbley,

Lee,

Daniel,

Lively,

Davis,

McMichael,

Dickey,

Massengale,

Dorminy,

Mays,

Dunbar,

Mercer,

Duggan,

Morris,

Mundy, NiX: Nowell, Peterson, Price of Bartow, Reid of Putnam, Sheffield, Strickland, Taylor of Appling, Thurman, Watkins, Whitley, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Mr. Speaker.

By unanimous consent the verification of the roll-call w~s dispensed with.

On the passage of the resolution the ayes were 127, nays o.

The resoluti'on having received t'he requisite constitutional majority was passed.

By Mr. Mays of Butts-
A bill to appropriate $3,000, or so much thereof as may be necessary for the protection of Indian Spring.

An appropriation being involved, the Speaker resolved

846

JouRNAL oJ.t TH~ HousE,

the House into a committee of the whole and designated as chairman Mr. Stewart of Taylor.

After a consideration of the bill the committee arose and through its chairman reported the same back with the recommendation that 1t do pass as amended.

The committee proposed to amend by striking section 4 and numbering remaining sections accordingly; also, to amend by stnking "$3,000" and inserting "$2,000.
The amendments were adopted.

The report of the committee was agreed to.

On the passage of the resolution the ayes and nays. were ordered, which was as follows:

Those voting in the affirmative ~vere Messrs.-

Adams of Chatham, Adams of Wilkinson, Adkins, Anderson of Bulloch, Anderson of Cobb, Atkinson, Ballard, Barrett, Barrow, Blackburn, Bowen, Brown of Carroll, Brown of Oglethorpe. Buchannon, Burkhalter, Burwell, Butt, Calbeck, Callaway, Cannon, Chamlee,

Clifton,

Huie,

Cook of Chat'hoochee, Hullender,

Covington,

Jackson,

Couch,

Johnson of Jeff Davis,

Culbreth,

Johnson of Towns,

Daniel,

Jones of Meriwether.

Davison,

Jones of Mitchell,

Dean,

Keith,

Dorminy,

Kendall,

Dykes,

Lumsden,

Flannigan,

Lunsford,

Foster,

Matthews,

Fowler,

McCarthy,

Fullbright,

Mcintyre,

Guyton,

McMahan;

Hardeman,

McMullan,

Hill,

McWilliams,

Hines,

Martin,

Holder,

Moore,

Hubbard,

Odum,

Huff,

Orr,

SATURDAY, AUGUST 8, Igo8.

847

Parker, Parrish, Payton, Perry, Persons, .Pope of Biooks, Pope of Dade, Reid of Putnam, Reid of Wilcox, Rountree, Russell,

Shaw, Simmons, Slade, Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Stubbs, Sumner, Taylor of Sumter,

Terrell, Thorne, Tift, Tuggle, :Walker of Wash'ton, Ward, Warnell, Williams, Wise, Young,.

Those voting in the negative were Messrs.-

Adams of Elbert, Alexander, Arnold, Austin, Berry, Cooke of Thomas, Crawford Edmondson, Ellison, Glenn, Godley,

Goode, Hamilton, Harris, Haywood, Howard, Kendrick, MacFarland, Powell, Reid of Macon, Rogers,

Thurman, Townsend, Tracy, Trent, Tyson, Walker of Lowndes, Walker of Milton, White of Madison, White of Scre,en, Wynne,

Those not voting were Messrs.-

Allen, Ashley, Atwater, Barksdale, Bell, Bond, Boyd, Candler, Clark, Collum, Cook of Telfair, Cowan,
~rumbley,
Davis, . Dickey,
Donalsor.,

Dunbar, Duggan, F.aves, Edwards, Estes, Fagan, Flanders, Fraser, Frier, Furr, Geer, Gibson, Hall, Heard, Johnson of Jasper, Lee,

Lively, McMichael, Massengale, Maxwell, Mays, Mercer, Morris, Mundy, Nix, Nowell, 'Peterson, Price of Bartow, Price of Oconee, R)als, Sheffield, Strickland,

848

JoURNAL OF THE HOUSE,

Swilling, Taylor of Appling, Watkins,

Whitley, Wilson, Wootten,

Wright of Floyd, Wright of Richmond. Mr. Speaker.

By unanimous consent the verification of the roll-cail was dispensed with.

On the passage of the resolution the ayes were 95, nays 31.

The resolution having received the requisite constitutional majority was passed.

By .Messrs. Wright and Chamlee-

A resolution to pay W. L. Michael $572.05 principal and $8o.oo interest, being the amount of interest received by the State from penitentiary lessees for time served in the penitentiary over and above the term of his sentence.

An appropriation being involved, the Speaker resolved the House into a committee of the whole and designated as chairman Mr. Holder of Jackson.
After a consideration of the resolution the committee arose, and through their chairman reported the same back with the recommendation that it do pass.
The committee proposed to amend by striking the words "and $8o as interest" wherever they occur, which was adopted.
Mr. Alexander moved that the bill be ta~d, and no quorum having voted, the Speaker directed a call of the roll which was as follows:

.,

SA'I'URDAY, AucuS'r 8, Igo8.

849

Those voting' in Ihe affirmative were Messrs.-

Adams of Elbert,

Frier,

McMullan,

Adams of Wilkinson, fullbright,

Orr,

Alexander,

Geer,

Payton,

Arnold,

Glenn,

Pope of Dade,

Atkinson,

Godley,

Price of Oconee,

Brown of Oglethorpe, Goode,

Reid of Macon,

Burwell,

Hamilton,

Rountree,

Butt,

Harris,

Russell,

Cal beck,

Haywood,

Ryals,

Callaway,

Hill, .

Shaw,

Candler,

Hines,

Simmons,

Cannon,

Holder,

Slade,

Chamlee,

Hubbard,

Smith of Campbell,

Cook of Chat'hoochee, Huie,

Stubbs,

Cooke of Thomas, Jackson,

Sumner,

Crawford,

Johnson of Jeff Davis, Terrell,

Davison,

Jones of Mitchell, Thome,

Dykes,

MacFarland,

Tift,

Edmondson,

McCarthy,

Tuggle,

Flanders,

Mcintyre,

Warnell,

Fowler,

McMahan,

Those voting in the negative were Messrs.-

Adkins, Anderson of Bulloch, Ballard, Barrett, Berry, Blackburn, Bond, Bowen, Brown of Carroll, Buchannon, Burkhalter, Clifton, Couch, Culbreth, Dorminy, Ellison, Hall,

Hardeman, Heard, Howard, Huff, Hullender, Jones of Meriwether, Keith, Kendrick,
Lumsden, Mercer, Moore, Odum, Parker, Perry, Persons, Pope of Brooks, Powell,

Reid of Putnam, Reid of Wilcox, Rogers, Slater, Smith of Calhoun, Stephens, Stewart, Taylor of Sumter, Townsend, Tracy, Trent, Tyson, Walker of Lowndes, Walker of Milton, White of Screven, Wynne,

64 b j

t~.

850

JouRNAL oF THE HousJt,

Those not voting were Messrs.-

Adams of Chatham, Allen, Anderson of Cobb, Ashley, Atwater, Austin,
Barks~~.
Barrow, Bell, Boyd, Clark, Collum, Cook of Telfair, Covington, Cowan, Crumbley, Dantel, Davis, Dean, Dickey, Donalson, Dunbar, Duggan, Eaves,

Edwards, Estes, Fagan, Flannigan, Foster, Fraser, Furr, Gibson, Guyton, Johnson of Jasper, Johnson of Towns, Kendall, Lee, Lively, Lunsford, Matthews, McMichael, McWilliams, Martin, Massengale, Maxwell, Mays, Morris, Mundy,

Nix, Nowell, Parrish, Peterson, Price of Bartow, Sheffield, Strickl.and, Swilling, Taylor of Appling, Thurman, Walker of Wash'ton, Ward, Watkins, White of Madison. Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Young, Mr. Speaker.

By unanimous consent the verification of the roll-call was dispensed with.

On the motion to table vhe bill the ayes were 62, nays
so. The same was, therefore, tabled.

By Mr. McCarthy of Chatham-
A resolution for the relief of L. B. Riser, H. H. Silvers, H. C. Cunningham, R. G. Prowder, S. Frain and L. Mell.

An appropriation being involved, the Speaker resolved

the House into a. committee of the whole and designated

as chairman Mr. Adkins of Dooly.

'

SATURDAY, AucusT 8, 1go8.

851

After a consideration of the resolution the committee arose, and through its 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 resolution the ayes and na) s were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Adams of Chatham. Frier,

Parker,

Adams of Elbert,

Glenn,

Parrish,

Ad~ms of Wilkinson, Godley,

Persons,

Adkins,

Goode,

Pope of Dade,

Alexander,

Guyton,

Powell,

Anderson of Bulloch, Hall,

Reid of Putnam,

Arnold,

Hamilton,

Rogers,

Atkinson,

I:Iarris,

Rountree,

Ballard,

Ha)rwood,

Russell,

BarreU,

Heard,

Ryals,

Berry,

Hill,

Shaw,

Blackburn,

Hines,

Simmons,

Brown of Carroll, Holder,

Slade,

Brown of Oglethorpe, Howard,

Slater,

Buchannon,

Hubbard,

Smith of Campbell,

Burkhalter,

Huff,

Stephens,

Burwell,

Hullender,

Stewart,

Butt,

Johnson of Jeff Davis, Stubbs,

Calbeck,

Johnson of Towns; Sumner,

Candler,

Jones of Meriwether, Taylor of Sumter,

Cannon,

Jones of Mitchell, Terrell,

Chamlee,

Keith,

Thorne,

Cook of Chat'hoochee, Kendall,

Tift,

Cooke of Thomas, Kendrick,

Tracy,

Covington,

Lumsden,

Trent,

Couch,

MacFarland,

Tuggle,

Daniel,

McCarthy,

Tyson,

Davison,

Mcintyre,

Walker of Wash'ton,

Dorminy,

McMahan,

Warnell,

Dykes,

McMichael,

W.hite of Screven,

Edmondson,

McMullan,

Williams,

Ellison,

Moore,

Wynne,

Fowler,

Orr,

Yo}lng,

JouRNAL OF THE HousE.

Those not voting were Messrs.-

Allen, Anderson of Cobb, Ashley, Atwater, Austin, Barksdale, Barrow, Bell, Bond, Bowen, Boyd, Callaway, Clark, Clifton, Collum, Cook of Telfair, Cowan, Crawford, Crumbley, Culbreth, Davis, Dean, Dickey, Donalson, Dunbar, .Duggan, Eaves, . Edwards,

Estes, Fagan, Flanders, Flannigan, Foster, Fraser, Fullbright, Furr, Geer, Gibson, Hardeman, Huie, Jackson, Johnson of Jasper, Lee, Lively, Lunsford, Matthews, McWilliams, Martin, Massengale, Maxwell, Mays, Mercer, Morris, Mundy, Nix, Nowell,

Odum, Payton, Perry, Peterson, Pope of Brooks, Price of Bartow, Price of Oconee, Reid of Macon, Reid of Wilcox, Sheffield, Smith of Calhoun, Strickland, Swilling, Taylor of Appling, Thurman, Townsend, Walker of Lowndes. Walker of Milton, Ward, Watkins, White of Madison, Whitley, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond. Mr. Speaker.

By unanimous consent the verification of the roll-call was dispensed wit>h.

On the passage of the resolution the ayes were 99, nays o.
The resolution having received the requisite constitutional majority was passed.

Mr. Hall of Bibb moved that when the House adjourns this morning ft stand adjourned until 9 o'clock Monday morning, which motion prevailed.

SATURDAY, AUGUST 8, I9o8.

853

.Mr. Blackburn moved that the session be extende1 from I o'clock to I :20 o'clock p.m. for the. purpose-
( I) Reading reports of standing committees. (2) Reading House bills the second time. ( 3) Reading Senate bills vhe second time. (4) Concurrence in Senate amendments to House bills.
The motion prevailed.

Mr. White of Screven moved that the House reconsider its action in adopting a motion to adjourn after 1his morning's ser;sion until 9 o'clock Monday morning, and on that motion called the ayes and nays.

The call was sustained, and on calling the ayes and nays the vote was as follo~s :

Those voting in the affirmative were Messrs.-

Adams of Chatham, Adkins, Alexander, Atkinson, Barrett, Blackburn, Brown of Carroll, Buchannon, Burkhalter, Burwell, Butt, Calbeck, Chamlee, Clark, Clifton, Daniel, !)orminy, Edmondson,

Estes, Flanders, Foster, Fowler, Frier, Fullbright, Glenn, Godley, Goode, Hall, Hamilton, Heard, Hill, Hines, Holder, Howard, Hubbard, Huie,

Hullender, Johnson of Jeff Davis, Jones of Mitchell, Keith, Kendall, Matthews, MacFarland, McCarthy, Mcintyre, McMahan, McMullan, McWilliams, Moore, Orr, Parker, Persons, Pope of Brooks, Pope of Dade,

854

JouRNAL o~ TH~ Hous~.

Price of Oconee, Reid of Putnam, Reid of Wilcox, Rountree, Ryals, Shaw, Slade, Smith of Campbell, Stephens,

Stubbs, Sumner, Swilling, Taylor of Sumter, Terrell, Thurman, Townsend, Tracy,

Trent, Tuggle, Walker of Lowndes, Walker of Milton, White of Screven, Williams, Wise, . Wynne,

Those voting in the negative were Messrs.-

Adams of Elbert,

Cooke of Thomas,

Anderson of Bulloch, Crawford,

Berry,

Davison,

Bond,

Guyton,

Bowen,

Harris,

Brown of Oglethorpe. Haywood,

Candler,

Huff,

Cannon,

Johnson of ToWtls,

Cook of Chat'hoochee, Lumsden,

McMichael, Russell, Simmons, Stewart, Thorne, Tyson, W alk~r of Wash'ton, Warnell, Young,

Those not voting were Messrs.-

Adams of Wilkinson, Allen, Anderson of Cobb, Arnold, Ashley, Atwater, Austin, Ballard, Barksdale, Barrow, Bell, Boyd, Callaway, Collum, Cook of Telfair, Covington, Couch, Cowan, Crumbley, Culbreth,

Davis, Dean, Dickey, Donalson, Dunbar, Duggan, Dykes, Eaves, Edwards, Ellison, Fagan, Flannigan, Fraser, Furr, Geer, Gibson, Hardeman, Jackson, Johnson of Jasper, Jones of Meriwether,

Kendrick, Lee, Lively, Lunsford, Martin, Massengale, Maxwell, Mays, Mercer, Morris, Mundy, Nix, Nowell, Odum, Parrish, Payton, Perry, Peterson, Powell, Price of Bartow,

SATURDAY, AUGUST 8, .1908.

865

Reid of Macon, Rogers, Sheffield, Slater, . Smith of Calhoun, Strickland,

Taylor of Appliag, Tift, Ward, Watkins, White of Madison, Whitley,

Wilson. Wootten, Wright of Floyd, Wright of Richmond, Mr. Speaker.

On motion of Mr. Hines, the verification of t!he roll-call was dispensed with.
On the motion to reconsi"der the ayes were 79, nays 27
The motion, therefore, prevailed.

The following resolution was read and adopted, to wit:

By Mr. Wise of Fayette-

A resolution to fix the order of business for this afternoon as follows :
( 1) Local House bills for third reading, (2) Local House bills second time.
(3) Local Senate bills second and third reading, and Senate bills first reading..
(4) Reports of standing committees. ( 5) Local House bills Senate amendments.

The following resolutions were read and the instructions adopted and the same referred ro the Committee on Rules, to wit:

By Mr. Burkhalter-

A resolution to fix House bill No. 377 as a special order.

856

JouRNAL oF THE HousE,

The following resolutions were read and instructions lost, to wit :

By Mr. Butt of Fannin-

A resolution to fix House resolution No. 263 as a special order.

Referred to Committee on Rules.

By Mr. Adams of Chatham-

A resolution to fix House bill No. 47 as a special order.

Referred to Committee on Rules.

By Mr. Barrett-

A resOlution to fix House bill No. 883 as a special order.
Referred to Committee on Rules.

The regular hour of adjournment having arrived, the following Senate bills were read the second time, to wit :

By Mr. Howard of 2oth district-

A bill to amend section 671, volume 3 of the Code.

By Mr. Knight of 6th district-

A 'bill to change and fix the time of hold1ng the superio;

court of Tift.



By Mr. Overstreet of 17th district-
A bill to regulate the publication of all legal advertisements in certain counties.

SATuRDAY, AuGusT 8, 1908.

857

By Mr. Hardman of 33d district-
A bill to provide penalties for common carriers who intentionally convert property to its own use entrusted to them for transportation.

By Mr. Gordy of 24th district-
A bill to fix the number of days required of person-; subject to road duty.

By Mr. Wilkes of 7th district-
A bill to repeal an Act to incorporate the town -of Kingwood.

By Mr. Stephens of Ist district-
A bill to provide for the organization, etc., of volunteer military companies to be known as "Georgia Volunteers."

By Mr. Henderson of I5'th district-

A bill to amend the charter of the city of Ocilla.

By Mr. Felder of 22d districtA bill to amend the charter of Macon.

By Mr. Cowart of gth district-
A bill tb provide for the change of county lines lying within incorporated towns.

By Mr. Dean of 5th district-
A bill to require all births to- be reported to the ordinary.

858

JoURNAl, OF THE Hous.;,

Mr. Foster, chairman of the Committee on Pensions, submitted the foll9wing report :
M-r. Speaker:
Your Committee on Pensions have had under consid-
eration House bill No. 309 to pay pension of Gus J.
Grimsley and direct me to report the same hack to the House with the recommendation that it do pass.
]. Z: FosTER, Chairman.
,Mr. Blackburn, chairman of tthe Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills of the Senate and Hause and as its chairman I am requested to reP,Ort the same back as follows:

Senate bill No. 167, entitled an Act to amend an Act establishing a city cou11t of Mullin, do pass by substitute.
House bill 1122, entitled an Act to establish the city court of Hazlehurst, i"n the county of Jeff Davis, do pass.
All of which is respectfully submitted, BLACKBURN, Ohairman.

Mr. Adams, vice-chairman of the Committee on Appropriations, submitted the following report:
M-r. Speaker:. Your Committee on Appropriations have had under
consideration the following bill of the House and ha\e



SATURDAY, AucuS'l' 8, 1908.

859

instructed me as their Vl.ice-chairman to report same back with the recommendation that it do pass as amended.

By Messrs. Blackburn and Bell-
To make appropriation for the State Board of Health. Respectfully submitted,
W ..B. ADAMS, Vice-chairman.
'I'he following bill, which was made the special order for this hour, was read the third time and put upon its passage, to wit :
By Mr. Shaw of Clay-

A bill to require certain hotels and boarding-houses to furnish mosquito bars.

The time allowed for the consideration of the above bill having expired, fhe same was carried over as unfinished business.
The following bills were taken up and the Senate amendments concurred in, to wit :
By Mr. Fullbright of Burke-
A bill to amend the charter of the city of Waynesboro, so as to extend the corporate limits.
The Senate proposed to amend as follo~s:
By striking from section I the following words: "Beginning where the present city limits, as fixed .in above recited Act, cross the right of way of the Augusta & Savannah R. R. Co. on the north of the city and running

860

JouRNAL OF' THE HousE,

up said right of way to the northern extremity of wh.it is," and inserti"ng in J.ieu thereof the following: "Beginning where the present dty limits cross what is known as the town ditch on the north of said city and running a continuous straight line from said starting point to the eX'treme northwest corner of Woodland"; also,
To amend by striking all of section 2 and numbering remaining sections accordingly.
By r. Dorminy-
A bill to incorporate the city of Fitzgerald.

The Senate proposed to amend by adding "1910" m stead of "1909," in section 3 By Mr. Simmons of Gilmer-
A bill to create a new charter for the town of Ellijay.

The Senate proposed to amend section 2 by striking words "south and east"; also to amend by adding at end of section 2 the following: "Provided, however, that that part of the territory described above which is locate1 east of t!he L. & N. R. R. and south of the Cartecay river shall not be included in the corporate limits of said town''; also to amend by striking sections 24, 25, 34, so, 62, 63, 64, 65, 66, 67, 68, 69, 75, 74; also to amend by striking section 61 and inserting, "Be it further enacted, That the mayor and council shall have authority to grant franchises to waterworks, gas works, el~tric lights, telegraph and telephone companies with the right to operate said works in said town on such terms and conditions as the mayor and council of said town may by ordinance prescribe" ; also to amend by renumbering the sections from I to - consecutively.

SATURDAY, AuGusT 8, 19o8.

861

. By Messrs. Holder and Flannigan. A bill to amend an Act to create a board of commis-
. sioners of roads and revenues for Jackson county.
The Senate proposes to amend by adding the following :

"Sec. 1 r. Be it further enacted, That the chairman of the board of commissioners of roads and revenues of Jackson county shall receive the fee or salary now going to the ordinary, and shall have in addition to that enough to make his salary amount to $900 per annum, and shall devote all his time to the work of the county.
."Sec. 12. Be it further enacted, That this Act shall not become operative until it has been submitted to a vote of the people, which shall be in October next, and if said voters shall be a majority of all the votes cast this Act s;hall become operative immediately thereafter; if not, jt shall be lost. Those favoring this Act shall have written or printed on their ballot, 'For the Act,' and those against this Act shal-l have written or printed on their ballots, 'Against the Act.' "

By ,Mr. Taylor of Appling-

A bill to create a board of commissioners of roads and revenues for Appling county.

The Senate proposed to amend as follows: "By adding a new section to be known as section 13, to wit: "Sec:. 13. Be it further enacted, That there shall devolve upon the board of county commissioners created by this Act all the duties of bridge and road commissioners provided for by Act of 1903 entitled "an Act to create a board of road and bridge commissioners for

~62

JOURNAL OF THt Houst,

Appling county ; define their powers and prescribe their duties, and for other purposes," approved July 16, 1903, as amended by Act of 1904, entitled "An -Act to amen'd an Act approved July 16, 1903, entitled 'An Act to create a board of road and bridge commissioners for Appling county; define their powers and prescribe their duties, ancl for other purposes,' approved July 29, 1904, as amended by Act of 1905 entitled 'An Act to amend an Act entitled an Act to create a board of road and bridge commissioners for Appling county; define their powers and prescribe their duties, and for other purposes,' approved July 16, 1903, so as to change the number of commissioners; provide for a general superintendent; w fix their compensation, and for other purposes, approveil August 23, 1905." Also to amend by changing "section 13" to "section 14."

Leave of ctbsence was granted Messrs. Hamilton and Kendall.

The order of business having been exhausted, thl! Speaker announced 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.
By unanimous consent the call of the roll was dispensed with.
The following local House bills were read the thir J time and put upon their i>assage, to-wit:

SATURDAY, AUGUST 8, I9Q8.

863

"By Mr. White of Screven-
A bill to create a system of public schools for the city ,.of Sylvania.
The report of the committee, which w:as favorable to
the passage of the bill, was agreed ro.
On the passage of the bill the ayes were 100, nays o.
The bill having received the requisite constitutional majority was passed.
By Mr. Pope of Brooks-
A bill to incorporate the town of Dfxie, in the county <>f Brooks.

The report of the c~mmittee, which was favorable l~ the passage of the bill, was agreed to.
On the passage of !the bill the ayes were 101, nays o.
The bill having received the requisite constftutional majority was passed.

By Mr. Cook of Telfair-
A bill to amend an Act to create a board of commissioners of roads and revenues for Laurens county.
The report of the commi'ttee, which was favorable to the passage of the 'bill, was agreed to.
On the passage of the bill the ayes were 100, nays o.
The !bill having received the requisite constitutional majority was passed.

864

JOURNAL OF THE HousE,

By Mr. Hines of Baldwin-
A bill to amend an Act to create a board of commissioners of roads and revenues for the county of Baldwin.

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

On tbhe passage of the bill the ayes were 100, nays o.
The bill having received the requisite constitutional majority was passed.

By Mr. White of MadfsonA bill to incorporate the city of Danielsville.

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

On the passage of the bill the ayes were 100, nays o.
The bill having received the requisite constitutional majority was passed.

By Mr. Johnson of Jeff Davis-
A bill to create a board of commissioners of roads and revenues for Davis county.

The report of the committee, which was favorable t.> i'he passage of the bill, was agreed to.

On the passage of the bill th.e ayes were 100, nays o.

The bill having received the requisite constitutional majority was passed.

On. motion of Mr. White of Screven, the House re-

SATURDAY, AUGUST 8, 19<)8.

865

consideed its action in passing House bill No. I 125 for the purpose of amending same.

The biU was again read and put upon its passage, to wit:

By Mr. White of Screven-
A bill ro create a system of public schools for the town of Sylvania.

Mr. White proposed to amend by inserting the name
of J. W. Powell in the place of H.]. Arnett, in section 2
of said bill.

The report of the committee, which was favorable t) the passage of the bill, wa.S agreed to as amended.
On the passage of the bill the ayes were 100, nays o.
The bill having received the requisite constitutionql majority was passed.

Mr. Calbeck, acting chairman of the Committee on Counties and County Matters, submitted he following report:
Mr. Speaker:
Your Committee on Counties and County Matters recommends that the below numbered bill do pass:
House bill No 1136. 0. CALBECK, Acting Chairman.

The following House bills were read the second time, to wit:
16 hj

866

JOURNAL OF 'l'H HOUS,

By Mr. Ward of CoffeeA bill to establish the city court of Hazlehurst.
By Mr. Anderson of BullochA bill to extend the time within which work shall be
commenced on the Statesboro & Western Ry. By Mr. Fraser of Liberty-

A resoluton to furnish Georgia Reports to Liberty county.
By Mr. Morris of Wayne-
A resolution to furnish Georgia Reports to Wayne county.

By Mr. Williams of Dodge-
.A resolution to pay Gus J. Grimsley a pension.
By Mr. BlackburnA resolution for the relief of Mrs. Lottie C. Coker.
The following Senate bills were read the third time and put upon their passage, to wi't :
By Mr. Henderson of I sth districtA bill to adolish the office of commissioner of roads
and revenues for Irwin 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 100, nays d.

SATURDAY_. AUGUST 8, 1908.

867

The btU having received the requisite constitutional majority was passed.
By Mr. Henderson of I sth distri'ct:_
A bill to create a board of commissioners of roads and revenues for Irwin county.
The report of the committee, whioh was favorable to the pa.ssage of t~e bill, was agreed to.
On the pa.s~age of the pill the ayes were 100, nays o.
The bill having received the requisite constitutionav majority was passed.

By Mr. Dobbs of 35th distrid-
A bill to amend an Act to create a new charter for the city of Marietta.
The report of the committee, which was favorable t0 the passage of the bill, was agreed to.
On the passage of the bill the ayes were 100, nays o.

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

By Mr. Bradley of 16th district-
A bill to amend an Act to create a new charter for the city of Dublin.
The report of the committee, which was favorable :IJ the passage of the bill, was agreed to.
On the passage of the bill the ayes were 100, nays c.

868

JouRNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed.

By Mr. Hawes of 30th districtA bill to amend the charter of the city of Athens.

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

On the passage of the bill the ayes were 100, nays o.

The bill having received the requisite constitutional majority was passed.
On motion of Mr. McMahan of Clarke, the House reconsidered j.ts action in passing the above bill, and indefinitely postponed action thereon.
The following Senate bills were read the first time, to wit: By Mr. Wilkes of 7th district-
A bill to amend section 492 of the Penal Code. Referred to General. ]udiciary Committee.
By Mr. Felder of 22d districtA bill to amend an Act prescribing the manner of
t~ting illuminating ails. Referred to Committee on General Agri"culture.
By Mr. Felder of 22d districtA bill to regulate the exchange of documents between
Georgia and other States.
Referred to Committee on Public Library.

SATuRDAY, AuGusT 8, 19Q8.

869

By Mr. Williford of 28th district-

A bill to regulate the hours. of work of telegraph and telephone companies, etc.

Referred to General Judiciary Committee. By Mr Henderson of 39th district-

A bill to extend the present school book contract until January 1, 191 I.
Referred to Committee on Education.

By Mr. Martin of 43d district-

A bill to amend the charter of the city of Dalton.

Referred to Committee on Corporations.

By Mr. Huds<>n of 24th district-
A bill to put a tax on all persons selling pictures or taking orders for same.

Referred to Counties and County Matters Committee.

By Mr. Henderson of 39th district-
A biU to authorize the town of Cumming to issue bonds for school purposes.

Referred to Counties and County Matters Committee.

By Mr. Willfford of 28th district-
A bill to create a new charter for the town of Buckhead.
Referred to Committee on Corporations.

870

jOURNAL OF TH HOUS,

By Mr. Martin of 43d districtA bill to amend the charter of the city of Dawson.
Referred to Committee on Corporations. The following bills were read the second time and recommitted, to wit:
By Mr. Lumsden of white-
A bill to allow passengers occupying lower berths on sleeping cars to control unoccupied upper berths.

By Mr. Lumsden-
A bill to prohibit the manufacture and sale of ctgarettes or cigarette papers.
The following bill was read and the Senate amendments concurred in, to wit:

By Mr. Buchannan of Early-

A bill to provide for an exami'nation into the affairs of the dispensary of Blakely.

The Senate proposed to amend the caption as follows:
To strike out the words "during the last six months of the
year 19o6,"in line3of the caption and insert in lieu thereof the following words : "From i'ts organization up to the present time," so that said caption when so amended shall read.as follows: "A bill to be ent1tled an Act to provide for an examination ~nto the affairs of the dispensary ir. Blakely, Georgia, from its organization up to the present time, and for other purposes"; also, to amend further by striking from the lines 9 and IO of section I of said bill

SATURDAY, AUGUST 8, I9QS.

87i

the following words, "for and during the period of the last six months of the year I9<X}," and inserti'ng in lieu tliereof the words, "from the organization of said di-;pensary up to the present time;" also to amend by striking from lines 3 and 4 of section I the following words ; ''That the clerk of the superior court, county treasurer and tax-collector of Early county," and inserting in lieU:: thereof the following words: "A competent auditor to' be appointed by the judge of the superior courts of the Pataula circuit as soon as practicable after the passage and approval of this bill"; also,
To amend by striking all of section 4 of said bill, and inserting the following to be known as section 4 of sa_id bill : "Be it further enacted by authori'ty aforesaid, That said auditor shall be paid for his services such sums as said judge of said superior court may designate, not to
exceed the sum of $I 50, to be paid out of the funds arising
from vhe rent or sale of the dispensary building in Blakely, upon the order of said judge"; also, to amend by i'nserting after the word "witness" and before word "and" in line 20, section r, the words, "Including any and all officers of any bank or other corporations" ; also,
To amend by inserting after the word "papers" and "and," in line 2 I, section I, the following words: "Whether the custody, control or possession of said witness in his individual capacity as an officer of any bank or other corporations."

T-he order of business having been exhausted, the Speaker announced the House adjourned until 9 o'clock Monday morning."

872

JouRNAL oF THE Hous,

ATLANTA, GA.,
Monday, August 10, 1908.
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.
By unanimous consent the call of the roll and reading of the Journal of Saturday's proceedings_ were dispensed with.
By unanimous consent the following bills were read the third time and put upon their passage, to wit:
By Messrs. Taylor and Martin-
A bill to amend an Act to more thoroughly carry into effect an Act to prevent the adulteration of foods, etc., and for other purposes.
Mr. Martin proJX>sed to amend qy striking all of sec-
tion 4 of the bill, which was adopted.
The report of the committ~, Which was favorable to the passage of the bill, was agreed to.
.On the passage of the bill the ayes were 92, nays o.
The bill having received the requisite constitutional majority was passed as amended.
Mr. Hall of Bibb moved that all bills which pass today be immediately .transmitted to the Senate, which motion prevailed.

.i\lONDAY, AUGFST 10, Ig<>8.

873

ATLANTA, GA., August 10, 1908.
The following message was received from his Excellency the Governor, through his secretary, Mr. Carter:
Mr. Speaker: His Excellency the Governor, has approved and signed
the following Acts, to wit :
An Act to create a new c!1arter for the city of Jackson.
An Act to authorize the city of Lavonia to establish a system of public schools.
An Act providing for the creation of a board of health for the city of Athens.
An Act to repeal an Act to establish a city court for the county of Miller.
An Act to establish a city court in and for Miller county.
An Act to amend an Act, approved Decem'*r r2, 1859, to incorporate the town of Perry.
An Act to albolish the county court of Houston county.
An Act to establish a city court in and for Houston county.
An Act to amend an Act creating the city court of Dalton.
The following message was received from the Senate, through Mr. Northen, Secretary thereof:

874

JouRNAL oF TH Hous:e,

Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following bills of the Senate, to wit:

A bill to incorporate the town of Union City, in the county of Campbell.

Also a bill to amend the registration laws of Georgia.

Also a bill to authorize municipal authorities t0 establish a farm for misdemeanor convicts.

Also a bill to authorize the Governor to contract for a certain tract of land in Chattanooga, Tenn.

Also a bill to extend the time of completion of the Savanna:h, Statesboro & Western Railroad.

Also a bill to amend the charter of the city of Colquitt.

The following message was received from the Senate, through Mr. Northen, Secretary thereof:

Mr. Speaker:

The Senate has passed, by the requisite constitutional majority, the follow;ng House bills, to '"it:

A bill to increase the salary of State Entomologist.

Also a qill to repeal an Act to create a county court in
each county in the State of Georgia, except certain counties therein mentioned, approved January 9, 1872, and Acts amendatory thereof, so far as the same applies to the county of Camden.

MoNDAY, AuGusT 10, 1908.

875

Also a bill to establish a sanitarium for treatment of tuberculosis or consumptive patients, and for other purposes.

Mr. Russell of Muscogee moved that the House reconsider its action in not passing on Saturday Hous~ bill No. 898, which motion prevailed, and the bill resumed its place on the calendar.

By unanimous consent the following bills were read the third time and put upon their passage, to wit: By Messrs. Matthews and Clark-
a A bill to amend an Act entitled an Act to create
board of commissioners of roads and revenues for Laurens county.

The report of the committee, which was favorabJe tv the passage of the bill7 was agreed to.
On the passage of the bill the ayes were 110, nays o.

The bill having received the requisite constitutional majority was passed.

By unanimous consent the time for granting unammous C'Ollsents was extended until 10 o'clock.

By Messrs. Barrett and Calbeck-

A bill to provide how and in what manner pensions due Confederate soldiers and their widows shall be paid.

The foilowing amendments were adopted :

By Mr. Hall of BiblrTo amend by striking that part of section 5 which

876

JouRNAL oF TH~ Hous:,

reads as follows : "That said ordinary shall be paid by his county the sum of one dollar for the name of each so entered on said rolls, and for receiving and paying out the money, taking receipts, and for all services rendered each person."
The committee proposed to amend by inserting the wor~s, "in one sum" between the word "annually" and "between" in line 5 of section 1.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were I I4, nays 5
The bill having received the requisite constitutional majvrity was passed as amended.
By Mr. White of Madison-
A biU to ~~bplis-h the city court of Madison county.
Mr. White proposed to amend by striking all of section 6 after word "effect" in line 3, and insert in lieu thereof the words, "on the first day of January, I9Q9."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill the ayes were I 14, rt~ys o.
The bill having received the requisite constitutional majority was passed as amended.

By Mr. White of MadisonA bill to establish the city court of Danielsville.

MoNDAY, AuGusT 10, I908.

877

Mr. White proposect to amend section I by striking from line 4 the words, "passage of this Act" and inserting the words, "the first day of January, I9Q9," also,

To amend section I I by striking from line 20 the word "October" an4 figure "8," and insert "January" and figure "9,'' and by striking all of section I I after line 2I, and insert the words, "the December term, I9Q8, the city court of Madison county shaH be triable at said January term, I909, which latter term shall be trial term of said cases ;" also

To amend section 28, line 3, by inserting after the word "shaH/' the fo11owing words: "In their discretion,'' and by striking in line 5 the word "all,'' and insert th~ word "any," and by striking in line I6 the words, "of five dollars."

To amend section 32 by striking in line 3 the word "now" before word "pending," and by inserting in line 4, after word "county" the following: "On January I, I 909 ;" also

To amend section 38 by striking word "September" and figure "8" in line 2 and insert "January" and figure "9."

The report of the committee, which was favorable to the passage of the biii, was agreed to as amended.

On the passage of the bi11 the ayes were 115, nays o.
The bill having recei~ed the requisite constitutional majority was passed as amdded.

878

JOURNAL OF TBlt HOUSlt,

The following resolution was read and instructions adopted, to wit:

By Mr. Russell-

A resolution instructing Conunittee on Rules to make House bill No. 898 an immediate special order.
By unanimous consent the time for granting unanimous consents was extended until 10:30 o'clock.

By Mr. Alexander of DeKalb--

A bill to amend section 2334 of the Code relating to venue of suits against railroad companies.
The report of the committee, which was favora~le to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 114, nays o.

The bill having recei,,ed the requisite constitutional majority was passed.

By Messrs. Blackburn and Bell of Fulton-

A bill to more clearly define the ~arne of the State Technological School; to confer upon the local board of trustees of said school certain powers, and for ot!1er purposes.
The report of the conunittee, \vhich was favorable to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 52, nays 43
The bill having failed to receive the requisite constitutional majority was lost.

MoNDAY, AuGUST 10, 1908.

879

By Mr. Fraser of Liberty-
A qill 'to provide penalty for persons hunting or fish-
ing on private lands.
Mr. Perry of Hall proposed to amend by adding tv section 1 the words, "except wild lands."
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 82, nays 26.
The bill having failed to receive the requisite constitutional majority was lost.
By unanimous consent the following Senate bills were read the second time and recommitted, to wit :

By Mr. Martin of 43d district-

A bill to amend the charter of the city of Dalton, to levy a tax for schools.

By Mr. Martin of 43d district-
A bill to amend the charter of the city of Dawson so as to create the office of recorder, etc.

By unanimous consent the following bill was read the third time and put upon its passage, to wit :

By Messrs. Chamlee, Wright and Dean-
A bill to amend an Act to create the city court of Floyd county.

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

880

JOURNAL OF THE HoUSE,

On the passage of the bill the ayes were 98, nays o.
The bill having received the requisite constitutional majority was passed.
The following special orders were read the t."-lird time and put upon their passage, to wit :
By Mr. Ellison of Harris-
A resolution to pay a pension to Mrs. Nancy M. Collier.

An appropriation being involved the Speaker resolved the House into a committee of the whole and designated as chairman Mr. Tift of Dougherty.
After considering the resolution the committee arose, and through ti1eir 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 resolution the ayes and nays were ordered, and the vote is as follows :
Those voting in the affirntative were Messrs.-

Adams of Chatham, Barksdale,

Cal beck,

Adams of Elbert,

Barrett,

Callaway,

Adams of Wilkinson, Barrow,

Candler,

Adkins,

Bell,

Cannon,

Alexander,

Blackburn,

Chamlee,

Anderson of Bulloch, Bond,

Clark,

Anderson of Cobb, Bowen,

Clifton,

Arnold,



Ashley,

Brown of Carroll, Collum, Brown of Oglethorpe. Cook of Chat'hoochee,

Atkinson,

Buchannon,

Cooke of Thomas,

Austin,

Burkhalter,

Couch,

Ballard,

Butt,

Cowan,

MoNDAY, AuGusT 10, 1908.

881

Crawford, Daniel, Davison, Dean, Donalson, Dorminy, Dunbar, Duggan, Dykes, Eaves, Edmondson, Edwards, Ellisoa, Estes, Fagan, Flanders, Flannigan, Foster, Fowler, Prier, Geer, Gibson, Glenn, Goode, Guyton, Hardeman, Harris, Hubbard, Huff,

Huie, Jackson, Johnson of Jasper, Johnson of Towns, Jones of Meriwethrr. Jones of Mitchell, Keith, Kendall, Kendrick, Lumsden, Lunsford. MacFarland, McCarthy, Mcintyre, McMahan, McMullan, Martin, MaJU.Vell, Mays, Moore, Nix, Odum, Orr, Parker, Parrish; Persons, Pope of Brooks, Pope of Dade, Powell,

Price of Oconee, Reid of Macon, Reid of Putnam, Reid of Wilcox, Rogers, Rountree, Sheffield, Slater, Stewart, Swilling, Taylor of Sumter, Terrell, Thorne, Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward Watkins, Williams, Wilson, Wright of Floyd, Wynne, Young,

Those. not voting were Messrs.-

Allen, Atwater, Berry, Boyd, Burwell, Cook of Telfair, Covington, Crumbley, Culbreth, Davis, Dickey, Fraser,
16 bj

Fullbright, Furr, Godley, Hall, Hamilton, Haywood, Heard, Hill, Hines, Holder, Howard, Hullender,

Johnson of Jeff D!Lvis. Lee, Lively, Matthews, McMichael, McWilliams, Massengale, Mercer, Morris, Mundy,
Nowell, Payton,

88~

JOURNAL OF THE HOUSE, .

Perry, Peterson, Price of Bartow, Russell, Ryals, Shaw, Simmons, Slade,

Smith of Calhoun, Smith of Campbell, Stephens, Strickland, Stubbs, Sumner, Taylor of Appling, Thurman,

Warnell, White of Madison, White of Screven, Whitley, Wise, Wootten, Wright of Richmond, Mr. Speaker.

By ttnanimous consent the verification of the roll call

was dispensed with.

r,

On the passage of the bill the ayes were 123, nays o.

The resolution having received the requisite constitu-

tional majority was passed.



By Mr. Adams of Chatham-

A bill to authorize municipal authorities to establish and maintain, either alone or in connection with the county authorities, a farm to work convicts on co:wicted in the police court.
The report of the commiteee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 1 ro, nays r.

The bill having received the requisite constitutional majority was passed.
Mr. Hall of Biqb, vice-chairman of the Committee on Rules, submitted the following report :

Ml'. Speaker:

The Committee on Rules has had under consideration House resolution No. 329, a::ul direct me to report same

MoNDAY, AuGusT 10, 19o8.

883

back to House, as instructed by the House, with the recommendation that it be adopted. Committee have also had under consid~ration House resolution 332, and report same back with recommendation that it be adopted.
Respectfully submitted,
J. H. HALL, Vice-Chairman.

The following resolutions, favorably reported by the Committee on Rules, were read and adopted, to wit:

By Mr. Burkhalter-
A resolution to fix House bill No. 377 as a special order.

By Mr. Russell-
A reso!ution to fix as a special order House bill No.
898.
By unanimous consent the following bjll was read the third time and put upon its passage, to wit:
By Mr. Barrett of Stephens-
A bill to amend an Act to make appropriations for expenses of State government, and for other purposes.
The report of the comrmttee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 95, nays 2.
The bill having received the requisite constitutional majority was ~assed.
The following special orders were taken up on motion of Mr. Candler of DeKalb, to wit:

884

] OURNAL OP TH)t HOUSE,

By Mr. Tyson of EmanuelA resolution to pay Geo. M. Brinson fifty dollars.

An appropriation being involved, the Speak~r resolved the House into a committee of the whole and designated a& chairman Mr. Atkinson of Morgan.

After a consideration of the bill the committee arose and through its 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 resolution the ayes and nays were ordered, which was as follows :

Those voting in the affirmative were Messr~.-

Adams of Chatham, Burkhalter,

Flanders,

Adams of Elbert,

Butt,

Flannigan,

Adams of Wilkinson, Callaway,

Foster,

Adkins,

Candler,

Fowler,

Alexander,

Chamlee,

Frier,

Allen,

Clark,

Glenn,

Anderson of Bulloch, Collum,

Godley,

Anderson of Cobb, Cook of Chat'hoochee, Goode,

Arnold,

Cooke of Thomas, Guyton,

Atkinson,

Covington,

Hall,

Austin,

Couch,

Hardeman,

Ballard,

Crawford,

Harris, .

Barksdale,

Davison,

Haywood,

Barrett,

Dean,

Heard,

Barrow,

Donalson,

Hill,

Bell,

Dorminy,

Hines,

Berry,

Dunbar,

Hubbard,

Blackburn,

Duggan,

Huff,

Bond,

Eaves,

Huie,

Bowen,

Edmondson,

Hullender,

Boyd,

Edwards,

Johnson of Jasper,

Brown of Oglethorpe, Ellison,

Johnson of Towns,

Buchannon.

Fagan,

Keith,

MONDAY, AUGUS'l' 10, 1908.

885

Kendall, Kendrick, Lumsden, Lunsford, MacFarland, :.McCarthy, Mcintyre, McMahan, McMichael, McMullan, Martin, Maxwell, Mays, Mercer, MPore, Nix, Nowell, Odum,

Ort, Parker, Parrish, Payton, Pope of Brooks, Pope of Dade, Price of Oconee, Reid of Macon, Reid of Putnam, Reid of Wilcox, Rogers, Rountree, Russell, Ryals, Slade, Slater, Stewart,

Sumner, Swilling, Taylor of Sumter, Thome, Tift, Tracy, Trent, Tuggle, Tyson, Walker of Wash'ton, Ward, Warnell, Watkins, White of Screven, Wilson. Wynne, Young,

Those not voting were Messrs.-

Ashley, Atwater, Brown of Carroll, Burwell, Calbeck, Cannon, Clifton, .Cook of Telfair, Cowan, Crumbley, Culbreth, Daniel, Davis, Dickey, Dykes, Estes, Fraser, Fullbright, Furr, -Geer, -GibSOft,

Hamilton,

Simmons,

Holder,

Smith of Calhoun,

Howard,

Smith of Campbell,

Jackson,

Stephens,

Johnson of Jeff Davis, Strickland,

Jones of Meriwether, Stubbs,

Jones of Mitchell, Taylor of Appling,

Lee,

Terrell,

Lively,

Thurman,

Matthews,

Townsend,

McWilliams,

Walker of Lowndes.

Massengale, Morris,

Walker of Milton, White of Madispn~

Mundy,

.Whitley,

Perry,

'williams,

Persons,

Wise,

Peterson,

Wootten,

Powell,

Wright of Floyd,

Price of Bartow,

Wright of Richmond,

Shaw,

Mr. Speaker.

Sheffield,

By unanimous consent, the verification of the roll-call "'as di~pensed with.

886

}OURNAI. OF THE HouSJt,

On the passage of the bill ~he ayes were 121, nays o.
The bill having received the requisite constitutional majority was passed.
By unanimous consent Senate bills for first reading were set for a special order for 4:30 o'clock this afternoon.

By Mr. Hines of Baldwin-
A bill to appropriate $1s,ooo for 1908 and $30,000 for 1909 for the support and maintenance of the State Sanitarium.
An appropriation being involved, the Speaker resolved the House into a committee of the whole and designated as chairman Mr. Wilson of Gwinnett.

After consideration of the bill the committee arose, and through its chairman reported the same back with the recommendation that ,it do pass.

The report of the committee was agreed to.

On the passage of the bill the ayes and nays were ordered,_ which was as follows:

Those voting in the affirmative were Messrs.-

Adams of Elbert. Adkins, Alexander, Allen, Anderson of Bulloch, Anderson of Cobb, Ashley, Atkinson, Austin,

Ballard, Barksdale, Barrett, Barrow, Bell, Berry, Blackburn, Bond, Bowen,

Boyd, Brown of Oglethorpe,. Buchan non, Burkhalter, Butt, Calbeck, Callawa1, Candler, Cannon,

MoNDAY, Aucus'l' 10, 1908.

887

Chamlee,

Haywood,

Clark,

Heard,

Clifton,

Hi!~

Collum,

Hines,

Cook of Chat'hoochee, Holder,

Cooke of Thomas, Howard,

Covington,

Hubbard,

Couch,

Huff,

Cowan,

Huie,

Crawford,

Hullender,

Daniel,

Jackson,

Dean,

Johnson of Towns,

Dorminy,

Jones of Meriwether,

Dunbar,

Jones of Mitchell,

Duggan;

Keith,

Dykes,

Kendall,

Eaves,

Kendrick,

Edmondson,

Lumsden,

Ellison,

Lunsford,

Estes,

MacFarland,

Flanders,

Mcintyre,

Flannigan,

McMahan,

Foster,

McMichael,

Fowler,

McMullan,

Frier,

Martin,

Furr,

Maxwell,

Geer,

Mays,

Glenn,

Moore,

Godley,

Nix,

Goode,

Nowell,

Guyton,

Odum,

Hardeman,

Orr,

Harris,

Parrish,

Payton, Pope of Brooks. Pope of Dade, Reid of Macon, Reid of Putnam, Reid of Wilcox, Rogers, Rountree, Russell, Ryals, Shaw, Sheffield, Simmons, Slade, Slater, Stewart, Strickland, Stubbs, Taylor of Sumter, Terrell, Thorne, Tift, Tracy, Tuggle, Walker of Lowndes. Walker of Wash'ton, War::l, Watkins, Wilson, Wright of Floyd, Wright of Richmond,. Wynne, Young,

Those voting in the negative were Messrs.-

Fagan, .Hall,

Trent,

Tyson,

Those not voting were Messrs.-

Adams of Chatham, Atwater,

Adams of Wilkinson, Brown of CarroU,.

Arnold,

Burwell,

Cook ofTelfair, Crumbley, Culbreth,.

888

JouRNAL oP TH~ HousJt,

Davis,

McWilliams,

Sumner,

Davison,

Massengale,

Swilling,

Dickey,

Mercer,

Taylor of Appling,

Donalson,

Morris,

Thurman,

Edwards,

Mundy,

Townsend,

Fraser,

Parker,

Walker of Milton,

Fullbright.

Perry,

Warnell,

Gibson,

Persons,

White of Madison,

Hamilton,

Peterson,

White of Screven,

Johnson of Jasper, Powell,

Whitley,

) ohnson of Jeff Davis, Price of Bartow,

Williams,

Lee,

Price of Oconee,

Wise,

Lively,

Smith of Calhoun, Wootten,

Matthews,

Smith of Campbell, Mr. Speaker.

McCarthy,

Stephens,

By unanimous consent the. verification of the roll-call was dispensed with.

On the passage of the bill the ayes were 126, nays 4.

The bill having received the requisite constitutional majority was passed.

The following resolutions were read and tabled, on motion of Mr. Candler of DeKalb, to wit:

By Mr. Crawford of Bartow-
A resolution providing for an investigation of the t.harge of poker playing against certain members.
1'he 11C'xt special order was as follows, to wit :
By Messrs. Blackburn and Bell-
A bill to appropriate $7,500 for the support ;and main1enance of the State Board of Health.
The committee proposed to amend by striking "''$7,500" and inserting the figures "$s,ooo."
The amendment was adopted.

MoNDAY, AuGUST 10, 1908.

889

.'\n appropriation being involved, the Speaker reso!ved the House into a committee of the whole and desi~1ated as chairman Mr. Donalson of Decatur.

After a consideration of the bill the committee arose and through its chairman reported tire same back to the House with the recommendation that it do pass as amended.

The report of the committee was agreed to.

On the passage of the bills the ayes and nays were ordered, which was as follows:

Those voting in the affirmative were Messrs.-

Adams of Chatham, Chamlee,

Glenn,

Adams of Wilkinson, Clark,

Godley,

Adkins,

Clifton,

Goode,

Alexander,

Collum,

Guyton,

Allen,

Cook of Chat'hoochee, Hall,

Anderson of Cobb, Cooke of Thomas, Hardeman,

Arnold,

Couch,

Harris,

Atkinson,

Cowan,

Heard,

Austin,

Crawford,

Hill,

Ballard,

Daniel,

Hines,

Barksdale,

Donalson,

Howard,

Barrow,

Dorminy,

Hubbard,

Bell,

Dunbar,

Huff,

Berry,

Duggan,

Huie,

Blackburn,

Dykes,

Jackson,

Bond,

Edmondson,

Johnson of Jasper,

Boyd,

Estes,

Johnson of Towns,

Brown of Carroll, Fagan,

Jones of Meriwether,

Brown of Oglethorpe, Flanders,

Jones of Mitchell,

Buchannon,

Flannigan,

Keith,

Burkhalter,

Foster,

Kendal~

Butt,

Fowler,

Kendrick,

Calbeck,

Frier,

Lumsden,

Callaway,

Furr,

MacFarland,

Cannon,

Geer,

McCarthy,

890

JouRNAL oF TH~ Hous~,

Mcintyre, McMahan, McMichael, McMullan, Martin, Maxwell, Mays, Moore, Nowell, Orr, Parrish, Persons, Pope of Brooks, Pope of Dade, Powell, Price of Oconee, Reid of Putnam,

Rogers, Rountree, Russell, Ryals, Sheffield, Simmons, Slade, "stater,
Stewart, Strickland, Stubbs, Swilling, Taylor of Sumter, Terrell, Thorne, Thurman,

Tift, Townsend, Tracy, Trent, Tuggle, Tyson, Walker of Milton, Walker of W ash'ton, Ward, Warnell, Watkins, Whitley, Wilson, Wright of Richmond, Wynne, Young,

Those not voting were Messrs.-

Adams of Elbert, Anderson of Bulloch, Ashley, Atwater, Barrett, Bowen, Burwell, Candler, Cook of Telfair, Covington, Crumbley, Culbreth, Davis, Davison, Dean, Dickey, Eaves, Edwards, Ellison, Fraser,

Fullbright,

Perry,

Gibson,

Peterson,

Hamilton,

Price of Bartow,

Haywood,

Reid of Macon,

Holder,

Reid of Wilcox,

Hullender,

Shaw,

Johnson of Jeff Davis, Smith of Calhoun,

Lee,

Smith of Campht>ll,

Lively,

Stephens,

Lunsford,

Sumner,

Matthews,

Taylor of Appling,

McWilliams,

Walker of Lowndes,

Massengale,

White of Madison,

Mercer,

White of Screven,

Morris,

Williams,

Mundv,

Wise,

Nbr,

Wootten,

Odum,

Wright of Floyd,

Parkef

Mr. Speaker;

Payton,

By unanimous consent the verification of the roll call was dispensed with.
On the passage of the bill the ayes were 124, nays o.

MoNDAY, AucusT 10, 1908.

891

'!'he bill having received the requisite constitutional majority was passed as amended.
The House disagreed to the Senate substitute of '"he following House bill, to wit:
By Mr. Tift of Dougherty-
A bill to require all railway companies to equip the~r locomotives with electric headlights.
The following resolution was read, to wit:
By Mr. Jones of Mitchell-
A resolution i'nstructing the Committee on Rules to meet at once and report House resolution No. 214 as a s~ial order for 3 o'clock this afternoon.

The instructions were adopted and the resolution was referred to Committee on Rules.
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 Senate, to wit:

A bill to add Homerville to the list of State depositories.

The next special order was as follows :

By Messrs. Burkhalter and Warnell-

A bill relating to grants of letters of administration

~92

JOURNAl, OJ! THE HoUSE,

upon estate of persons presumed to be dead by reason of long absence from their former domicile.

The committee proposed to amend section 4 by adding at the end thereof the words, "to which the holder of said title was a party."

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

On the passage of the bill the ayes were 87, nays 9
The bill having failed to receive the requisite constitu~ tiona! majority was lost.

The following bill, which was made a special order, was again read aod put upon its passage, to wit:

By Messrs. Slade, Russell and McMahan-

A bill to exempt police and firemen of cities from the general exclusion of free passes.

The amendments to the above bill were adopted on August 8th.

The report of the committee was also agreed to on August 8th.

The bill, which was reconsidered this morning, was again put upon its passage.

On the passage of the bill the ayes and nays were or-dered and the vote was as follows :

Those voting the affirmative were Messrs.-

Adams of Elbert.

Alexander,

Adams of Wilkinson, Allen,

Anderson of Bulloch, Anderson of Cobb,

MONDAY, AUGUST IO, 1908. '

893

Atkinson,

Foster,

Austin,

Fowler,

Barksdale,

Frier,

Barrett,

Furr,

Barrow,

Geer,

Bell,

Gibson,

Berry,

Glenn,

. Blackburn,

Godley,

Bond,

Goode,

Bowen,

Harris,

Boyd,

Haywood,

Brown of Oglethorpe. Heard,

Buchannon,

Hill,

Burkhalter,

Hines,

Butt,

Holder,

Calbeck,

Howard,

Callaway,

Hubbard,

Cannon,

Huff,

Chamlee,

Huie,

Clark,

Hullender,

Clifton,

Jackson,

Collum,

Johnson of Jasper,

Cook of Chat'hoochee, Johnson of Towns,

Cooke of Thomas, Jones of Meriwether,

Coyington,

Jones of Mitchell,

Couch,

Kendall,

Cowan,

Kendrick,

Culbreth,

Lumsden,

Daniel,

Lunsford,

Davison,

McCarthy,

Dean,

Mcintyre,

Donalson,

McMahan,

Dormiuy,

McMichael,

Dunbar,

McMullan,

Duggan,

Me Williams,

Dykes,

Martin,

Eaves,

Maxwell,

Edmondson,

Mays,

Edwards,

Moore,

Ellison,

Nix,

Flannigan,

Orr,

Parker, Parrish, Persons, Pope of Brooks, Pope of Dade, Powell, Price of Bartow, Price of Oconee, Reid of Macon, Reid of Putnam, Reid of Wilcox, Rogers, Russell, Ryals, Sheffield, Simmons, Slade, Slater, Stewart, Strickland, Sumner,
Swilling, Taylor of Sumter,. Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tyson, Walker of Lowndes,. Walker of Wash'ton,. Ward, Warnell, Watkins, Whitley, Wilson, Wright of Floyd, Wright of Richmond,. Wynne,

Tho~e voting in the negative were Messrs.-

Adams of Chatham, Brown of Carroll,

Adkins,

Crawford,

Fagan, Guyton.

894

JouRNAl. oF 'tH~ Hous~,

Hall, Hardeman,

Johnson of Jeff Davis, Williams,

Perry,

Young,

Those not voting were Messrs.-

Arnold, Ashley, Atwater, Ballard, Burwell, Candler, Cook of Telfair, Crumbley, Davis, Dickey, Estes, Flanders, Fraser, . Fullbright,

Hamilton, Keith,
Lee.
Lively, Matthews, MacFarland, Massengale, Mercer, Morris, Mundy, Nowell, Odum, Payton, Peterson,

Rountree, Shaw, Smith of Calhoun, Smith of Campbell, Stephens, Stubbs, Taylor of Appling, Tuggle, Walker of Milton, White of Madison, White of Screven, Wise, Wootten, Mr. Speaker.

By unanimous consent the verification of the roll call was. dispensed with.

On the passage of the bill the ayes were 129, nays 12.

The bill having received the requisite constitutional majority was passed as amended.

On motion of Mr. Alexander, the session was--extended thirty minutes for the purpose of passing on special pension resolutions.

The following resolutions were read and adopted with instructions, to wit :

By Mr. Townsend-

A resolution to make House bill iXo. 475 the special -order to follow House resolutiOn No. 214.

MoNDAY, AuGusT 10, 1908.

895

By Mr. Perry-

A resolution to make House bill 73 the special qrder for today.

The followi'ng resolution was read and laid on the table for one day, to wit:

By Mr. Alexander-
A resolution to have 500 copies of the report of the <:ommittee to investigate the Prison Commission printed.

On motion of Mr. Burkhalter, the House reconsidered its action in not passing House btl! No. 377

Mr. Candler, chairman of the committee on the part of the House to investigate the Prison Commission, submitted the following report :

Mr. President aud Mr. Speaker:
The committee appointed by the Senate and House, under Senate resolution No. 37, to investigate and report to the General Assembly upon the convfct system of the State, instruct us at this time to report that they are unable to complete their labors and make a satisfactory report at the present session of the General Assembly.
The committee promptly organized and at once entered upon their duties and have worked day and night in the taking of testimony and otherwise performing the duties placed upon them by the resolution. A fair and impartial hearing requires that additional evidence shottid be taken upon some of the charges which have been made before the Committee, and also that time- should be given for the completion of the audit of the books of the prison department, which audit has not yet been

896

jOURNAL OF TH HOUSE,

completed. The committee deems it of the utmost importance thad: the investigation should be exhaustive, and the findings of the committee should only be made after a study of 'the evidence and mature deliberation.
The committee, therefore, recommends that they be allowed to sit in vacation for such a length of time as they may think advisable rto further continue the investigation under the powers of the original resolution, and that all of the evidence taken, and the report of the committee, be filed with the Governo~, wi:th the request that the same be laid before the next session of the General Assembly, and in the rrreantime that the Governor be requested to take such immediate action upon the filing of said report with him as he may deem advisable.
Respectfully submitted.
s. T. FELDER,
Chainnan on the part of the Senate.
c. M. CANDLER,
Chairman on part of the House.
The hour of adjournment having arrived the following pension resolutions were read the third time and put upon their passage, to wit:

By Mr. Blackburn-
A resolution to pay the pension due Mrs. N. M. Donohoo to Mrs. Tallulah Towns.

An appropriation being involved, the Speaker resolved the House into a committee of the whole and designated as chairman Mr. Crawford of Bartow.
After a consideration of the resolution the committee

MoNDAY, AucusT 10, 19Q8.

89'7

arose and reported the same back with the recommendation that ft do pass.

The report of the com:rn.fttee was agreed to.

On the passage of the resolution the ayes and nays were ort:lered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Adkins,

Ellison,

Orr,

Alexander,

Fagan,

Parrish,

Anderson of Bulloch, Atkinson1 Austin, Ballard,

Flanders, Foster,. Glenn, Godley,

Persons, Pope of Dade, Powell, Price of Bartow,

Barksdale,

Goode,

Rogers,

Barrett, Barrow, Berry,

Guyton, Hardeman, Harris,

Rountree, Ryals, Simmons,

Blackburn, Bond,

Haywood, Hines,

Slade, Slater,

Brown of Oglethorpe, Holder,

Stewart,

Buchannon,

lJoward,

Sumner,

Burkhalter,

Hubbard,

Swilling,

Cal beck,

Huff,

Taylor of Sumter,

Candler,

Huie,

Thorne,

Cannon,

Hullender,

Thurman,

Chamlee,

Johnson of Jeff Davis, Townsend,

Clark,

Johnson of Towns, Tracy,

Clihon,

Jones of Meriwether. Tuggle,

Cook of Chat'hoochee, Jones of Mitchell,

Cooke of Thomas, Keith,

Covington,

Kendall,

Couch,

Kendrick,

Crawford,

MacFarland,

Daniel,

McCarthy,

Davison,

McMahan,

Dickey,

McMichael,

Dorminy,

McWilliams,

Dunbar,

Martin,

Eaves,

Moore,

Tyson,

Walker of Wash'ton,

Warnell,

Watkins,

White of Screven,

Whitley,

Williams,

Wilson,

Wright of Floyd,

Wright of Richmond,

Wynne,



Edmondson,

Nix,

Young,

67 hj

898

}OURNAI. OF THlt HOUSE,

Those not voting were Messrs.-

A~s,of Chatham, Adams of Elbert, Adams of Wilkinson, Allen, Anderson of Cobb, Arnold, Ashley, Atwater, Bell, Bowen, Boyd, Brown of Carroll, Burwell, Butt, Callaway, Collum, Cook of Telfair, Cowan, Crumbley, Culbreth, Davis, Dean, Donalson, Duggan, Dykes, Edwards, Estes, Flannigan,

Fowler, Fraser, Frier, Fullbright, Furr, Geer, Gibson, Hall, Hamilton, Heard, Hill, Jackson, Johnson of Jasper, Lee, Lively, Lumsden. Lunsford, Matthews, Mcintyre, McMullan, Massengale, Maxwell, Mays, Mercer, Morris, Mundy, Nowell, Odum,

Parker, Payton, Perry, Peterson, Pope of Brooks, Price of Oconee, Reid of Macon, Reid of Putnam, Reid of Wilcox, Russell, Shaw, Sheffield, Smith of Calhoun, Smith of Campbell, Stephens, Strickland, Stubbs, Taylor of Appling, Terrell, Tift, Trent, Walker of Lowndes, Walker of Milton, Ward, White of Madison, Wise, Wootten, Mr. Speaker.

By unanimous consent the verification of the roll call wa!S dispensed with.
On the passage of the resolution the ayes were 99, nays o.
The bill havin~ received the requisite constitutional majority was passed.
By Mr. Goode of PickensA ~esolution to pay Mrs. Mary Blackstock a pension
for 1908.

MoNDAY, AuGusT 10, 1go8.

899

An appropri:ation being involved, the Speaker resolvecl t~ House into a oommittee of the whole and designated as chairman Mr. Wright of Floyd.

After a .consideration of the resolution the committee arose and through their chainnan reported the same back with the recommendation that it do pass.

Tfie report of the commntee was agreed to.

On the passage of the bill the ayes and nays were or.dered and on taking the ballot viva voce the vote was as follows:
The roll call was had bUif: before the vote was anoounced the author moved to table the resolution, which motion .prev<ailed.

By unanimous consent, Mr. Tyson was allowed to
withdraw his notice of reconsideration of House bill 86o.

Leave of absence was grantted Mr. Fullbright.

On motion of Mr. Martin of Elbert, the Speaker announced the Hous~ adjourned until 3 o'clock this after-
noon.

I.

"'

3 O'clock P.M.
The House reconvened at this hour and was called to order 'by the Speaker.
Mr. Jackson of Jones moved to dispense with the roll call and no quorum ohaving voted. the Speaker directed

tOO

JOURNAL OF THE HousE,

a call of the roll to ascertain if a quorum be present, and the following mem-bers answered to their names :

Ada1ns of Chatham, Cowan,

Ada.ms of Elbert.

Crawford,

Adams of Wilkinson, Crumbley,

Adkins,

Culbreth,

Alexander,

Daniel,

Allen,

Davis,

.Anderson of Bulloch, Davison,

Anderson of Cobb, Dean,

Arnold,

Dickey,

Ashley,

Donalson,

Atkinson,

Dorminy,

Atwater,

Dunbar,

Austin,

Duggan,

Ballard,

Dykes,

Barksdale,

Eaves,

Barrett,

Edmondson,

Barrow,

Edwards,

Bell,

Ellison,

Berry,

Estes,

Blackburn,

Fagan,

Bond,

Flanders,

Bowen,

Flannigan,

Boyd,

Foster,

-Brown of Carroll, Fowler,

Brown of Oglethorpe. Fraser,

Buchannon,

Frier,

Burkhalter,

Fullbright,

Burwell,

Furr,

Butt,

Geer,

Calbeck,

Gibson,

Callaway,

Glenn,

Candler,

Godley,

Cannon,

Geode,

Charplee,

Guyton,

Clark,

Hall,

Clifton,

Hamilton,

Collum,

Hardeman,

Cook of Chat'hoochee, Harris,

Cook of Telfair,

Haywood,

Cooke of Thomas, Covington,

Heard, Hill,

Couch,

Hines,

Holder, Howard, Hubbard, Huff, Huie, Hullender, Jackson, Johnson of Jasper, Johnson of Jeff Davis. Johnson of Towns. Jones of Meriwether, Jones of Mitchell, Keith, Kendall, Kendrick, Lee, Lively, Lumsden, Lunsford, Matthews, MacFarland, McCarthy, Mcintyre, McMahan, McMichael, McMullan, Me Williams, Martin, Massengale, Maxwell, Mays, Mercer, Moore, Morris, Mundy, Nix, Nowell, Odum-, Orr, Parker, Parrish, Payton,

MoNDAY, AuGusT 10, 1908.

901

Perry, Persons, Peterson, Pope of Brooks, Pope of Dade, Powell, Price of Bartow, Price of Oconee, Reid of Macon, Reid of Putnam, Reid of Wilcox, Rogers, Rountree, Russell, Ryals, Shaw, Sheffield, Simmons, Slade,

Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart, Strickland, Stubbs, sumner, Swilling, Taylor of Appling, Taylor of Sunrt~r. Terrell, Thorne, Thurman, Tift, Townsend, Tracy, Trent, Tuggle,

Tyson, Walker of Lowndts, Walker of Milton, Walker of Wash'ton, Ward, WarneD, Watkins, White of Madison, White of Screven, Whitley, Willlams, Wilson, Wise. Wootten, Wright of Floyd, Wright of Richmond, 1Wynne, Young, Mr. Speaker.

On motion of Mr. Goode of Pickens, the followingresolution and -the aye and nay vote thereon was taken from the table and the Speaker asked unanimous consent that the aye and nay vote be had aga,in inasmuch as there was no quorum voting on the resolution when the same was up for passage othis morning, which was granted. The resolution was as follows:

By Mr. GOOde of Pickens-
A resolution to pay Mrs. Mary :Blackstock tt pettsion-
for 1908.
The ayes and nays were again called and the vot~ was as follows :

Those voting in the affirmative were Messrs.-

Adams of Chatham, Adkins,

Anderson of Cobb,

Adams of Elbert,

Alexander,

Arnold.

Adams of Wilkinson, Anderson of Bulloch, Atkinson,

902

JouRNAl. oF TH HousE,

At:stin,

Flannigan,

Mundy,

Ballard,

Foster,

Nix,

Barksdale,

Fowler,

Odum,

Barrett,

Frier,

Orr,

Bell,

Furr,

Parker,

Berry,

Geer,

Parrish,

Blackburn,

Glenn,

Pope of Brooks,

Bond,

Godley,

Pope of Dade,

Bowen,

Goode,

Powell,

Boyd,

Guyton,

Reid of Macon,

Brown of Oglethorp", Hardeman,

Reid of Putnam,

Buchannon,

Harris,

Reid of Wilcox,

Burkhalter,

Haywood,

Rogers,

Cal beck,

Heard,

Rountree,

Candler,

Hill,

Ryals,

Cannon,

Holder,

Slade,

Chamlee,

Hubbard,

Slater,

Clark,

Huff,

Stewart,

Clifton,

Huie,

Stubbs,

Collum,

Hullender,

Sumner,

Cook of Chat'hoochee, Jackson,

Swilling,

Cooke of Thomas, Johnson of Jeff Davis, Taylor of Sumter,

Covington,

Johnson of Towns, Terrell,

Couch,

Jones of Meriwctlter, Thorne,

Cowan,

Jones of Mitchell, Townsend,

Daniel,

Kendall,

Tracy,

Dickey,

Kendrick,

Trent,

;)onalson,

Lumsden,

Walker of Wash'ton,

Dorminy,

Matthews,

Ward,

.Dunbar,

MacFarland,

Warnell,

Duggan,

McCarthy,

Watkins,

Dykes,

Mcintyre,

White of Madison,

Eaves,

McMahan,

White of Screven,

Edmondson,

McMullan,

Whitley,

Ellison,

Martin,

Wootten,

Estes,

Maxwell,

Wynne,

Fagan,

Mays,

Young,

Flanders,

Moore,

Those not voting were Messrs.-

Allen, Ashley, Atwater, Barrow,

Brcwn of Carroll, Burwell, Butt, Callaway,

Cook of Telfair, Crawford, Crumbley, Culbreth,

MoNDAY, Aucus't 10, Igo8.

903

Davis,
Davison.
Dean.
Edwards, Fraser, Fullbright,
Gibson. HaJJ, Hamilton. Hines, Howard, Johnson of Jasper, Keith, Lee, Lively, Lunsford, McMichael,

Me Williams, Massengale, Mercer,
Morris, NowelJ, Payton, Perry, Persons, Peterson, Price of Bartow, Price of Oconee,
Russell. Shaw, Sheffield, Simm0111r Smith of Calhoun,

Smith of Campbell, Stephens, Strickland, Taylor of Appling, Thurman, Tift, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Williams, Wilson, Wise, Wright of Floyd, Wright of Richmond, Mr. Speaker.

By unanimous consent the verification of the roll catl was di:spensed with.

On the passage of the resolution the ayes were 122,
nays o.

The ~lution having received the requisite constitu-
tional rnajority was passed.

The following resolution was read and adopted, to . wit:
By Mr. Hall of Bibb-
A resolution to fix House bill No. 16 as a speci'al order and instructing the Committee on Rules to give same precedence over ali other speci'al orders.
By Mr. Burkhalter-
A resolution to fix House bill No. 377 as a speeia1
oruer an'd instructing the committee to fix it so that it will come up today for passage.

904

JouRNAL oF THE HousE,

By Mr. Swilling-
A resolution instructing the Con1mittee on Rules to fix House bill 726 as a special order and report on same at once.

The following resolution was read and referred to the Committee on Rules, to wit :

By Mr. Wright of Richmond and Perry of Hall-
A resolution to fix House bill No. 19 as a special order immediately after special orders already set.

The instructions were lost.

By unanimous consent the session this afternoon was extended from 5 to 6 :30 o'clock for the purpose of further considering special pension resolutions.

The following bills were read! the third time and put upon their passage, to wit :

By Mr. Jones of Mitchell-

A resolution to pay the wnsion due Mrs. Queen Shiver of Mitchell county.

An ~ppropriatfon being :involved, the Speaker resolve'1 the House into a committee of the whole and designated a,s chairman Mr. McWilliams.

After a consideration of the resolution the committee arose and reported the resolution back with the recommendation that it do pass.

The report of the committee was agreed to.

MoNDAY, AuGusT 10, 1908.

906

On the passage of the resolution the ayes and nays were ordered, which was as follows :
Those voting in the affirmative were Messrs.-

Adams of Chatham, Duggan,

Adams of Elbert,

Dykes,

Adams of Wilkinson, Eaves,

Adkins,

Edmondson,

Alexander,

Edwards,

Anderson of Cobb, Ellison,

Arnold,

Estes,

Austin,

Fagan,

Ballard,

Flannigan,

Barksdale,

Foster,

Barrett,

Fowler,

Barrow,

Frier,

Bell,

Furr,

Berry,

Glenn,

Blackburn,

Godley,

Bond,

Goode,

Bowen,

Guyton,

Boyd,

Hardeman,

Brown of Oglethorpe, Harris,

Buchannon,

Haywood,

Burkhalter,

Hill,

Cal beck,

Holder,

Callaway,

Howard,

Cannon,

Hubbard,

Chamlee,

Huff,

Clark,

Huie,

Clifton,

Hullender,

Collum,

Jackson,

Cook of Chat'hoochee, Johnson of Jasper,

Cooke of Thomas, Johnson of Towns,

Covington,

Jones of Meriwether,

Couch,

Jones of Mitchell,

Cowan,

Keith,

Crawford,

Kendall,

Culbreth,

Kendrick,

Daniel,

Lumsden,

Davison,

Matthews,

Dorminy,

MacParland,

Dunbar,

McCarthy,

Mcintyre, McMahan, McMichael, McMullan, McWilliams, Martin, Mays, Moore, Mundy, Nix, Nowell, Orr, Parrish, Payton, Persons, Pope of Brooks, Pope of Dade, Powell, Price of Bartow, Reid of Putnam, Reid of Wilcox, Rogers, Rountree, Ryals, Slater, Stubbs, Sumner, Swilling, Taylor of Sumter, Thome, Thurman, Townsend, Tracy, Trertt, Tuggle, Walker of Wash'ton, Ward; Warnell, Watkins,

906

JOURNAL OF TH:It Hous:~t,

White of Madison, White of Screven, Whitley,

Williams, Wilson, Wright of Floyd,

Wynne, Young,

Those not voting were Messrs.-

Allen,

Hall,

Shaw,

Anderson of Bulloch, Hamilton,

Sheffield,

Ashley,

Heard,

Simmons,

Atkinson,

Hines,

Slade,

Atwater.

Johnson of Jeff Davis, Smith of Calhoun,

Brown of Carroll, Lee,

Smith of Campbell,

Burwell,

Lively,

Stephens,

Butt,

Lunsford,

. Stewart,

Candler,

Massengale,

Strickland,

Cook of Telfair,

Maxwell,

Taylor of Appling,

Crumbley,

Mercer,

Terrell,

Davis,

Morris,

Tift,

Dean,

Odum,

Tyson,

Dickey,

Parker,

Walker of Lowndes,

Donalson,

Perry,

Walker of Milton,

Flanders,

Peterson,

Wise,

Fraser,

Price of Oconee,

Wootten,

Fullbright,

Reid of Macon,

Wright of Richmond,

.Geer,

Russell,

Mr. Speaker.

Gibson,

By unanimous consent the verification of the roll call was dispensed with.
On the passage of the resolution the ayes were 125, nays o.

The resolution having received the requisite constitutional 1JlQj ority was passed.
The following message was received from the Senate. through Mr. Northen, Secretary thereof:
Mr_. Speaker:
The Senate has passed, by the requisite constitutional majority, the following bill of the Senate, to wit:

MONDAY, AUGUST 101 Igc>8.

907

A bill to amend the primary election laws of Goorgia.

"Mr.'"-Ha.ll of~rBi'bb, cllairma.n of the Committee 00. Rules, submitted the following report:

Mr. Speaker:

Committee on Rules had under consideration House resolution 339, make a special order House bill No. 10, and acting under instructions of the House report the same back, recommending thalt the same be adopted.

Also under consideration House resolu~ion 333, and report the same back and recommend the same be adopted as instructed by the House. Also 334, and report the same back with recommendation that it be adopted as required by the House. Also 337, and report the same back as required by the House with a recommend~ion tbalt it be adopted.
HALL, Vice-Chairman.

The following resolutions, favorably reported by the Committee on Rules, were read and adopted, to wit:

By Mr. Perry-

A resolution to make House bill 73 the special order for today.
By Mr. Hall-

A resolution to make House 'bill 16 a special order.

By Mr. Jones of Mitchell-

A resolution to make House bill iNb. 214 the special order after roll call this afternoon.

908

JouRNAL oF THE Hous~,

By Mr. Townsend-

A resolution to make House bill 475 the special order to follow House bill No. 214.

By Mr. Barrow-

A resolution requesting the Committee on Banks and Banking to report on Senate bill No. 185.

The above resolution was tabled.

No quorum having voted on that part of the report of the Cormnittee on Rules whi"dt r~fers to making House resolution No. 214 a special order, the Speaker ord~red the roll to be called, which was as follows:

Those voting in the affirmative were Messrs.-

Adams of Chatham, Cannon,

Lstes,

Adams of Elbert,

Chamlee,

Fagan,

Adams of Wilkinson, Clark,

Flanders,

Adkins,

Clifton,

Flannigan,

Anderson of Cobb, Collum,

Foster,

Arnold,

Cook of Chat'hoochee, Fowler,

Ashley,

Cooke of Thomas, Fraser,

Atkinson,

Couch,

Frier,

Austin,

Cowan,

Furr,

Ballard,

Crawford,

Geer,

Barksdale,

Daniel,

Gibson,

Barrett,

Davison,

Glenn,

Barrow,

Dickey,

Godley,

Bell,

Donalson,

Goode,

Berry,

Dorminy,

Guyton,

Bond,

Dunbar,

Hall,

Boyd,

Duggan,

Hardeman,

Brown of Oglethorpe, Dykes,

Harris,

Buchannon,

Eaves,

Haywood,

Burkhalter,

Edmondson,

Heard,

Calbeck,

Edwards,

Hill,

Callaway,

Ellison,

Hines,

MoNDAY, AuGusT 10, 1908.

909

Holder,

Mays,

Hubbard,

Moore,

Huff,

Mundy,

Huie,

Nix,

Hullender,

Nowell,

Johnson of Jasper, Orr,

Johnson of Jeff Davis, Parker,

Johnson of Towns, Parrish,

Jones of Meriwether, Payton,

Jones of Mitchell,

Persons,

Keith,

Peterson,

Kendal~

Pope of Brooks,

Kendrick,

Pope of Dade,

Lumsden,

Powell,

Matthews,

Price of Bartow,

MacFarland,

Reid of Macon,

McCarthy,

Reid of Putnam,

Mcintyre,

Rountree,

McMahan,

Ryals,

McMichael,

Simmons,

McMullan,

Slade,

Me Williams,

Stewart,

Martin,

Strickland,

Maxwell,

Stubbs,

Sumner, Swilling, Taylor of Sumter, Terrell, Thorne, Thurman, Townsend, Tracy, Trent, Tuggle, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wootten, Wright of Floyd, Wynne, Young,

Those voting m the negative were Messrs...,-
Anderson of Bulloch,

Those not voting were Messrs.-

Alexander, Allen, Atwater, Blackburn, Bowen, Brown of Carroll, Bui'WeU, Butt, Candler, Cook of Telfair, Covington, Ctumbley, Culbreth, Davis, Dean,

Fullbright, Hamilton, Howard, Jackson, Lee, Lively, Lunsfol;'d, Massengale, Mercer, Morris, Odum, Perry, Price of Oconee, Reid of Wilcox, Rogers,

Russell, Shaw, Sheffield, Slater, Smith of Calhoun, Smith of Campbell, Stephens, Taylor of Appling, Tift, Tyson, Walker of Lowndes, Walker of Milton, Wise, Wright of Richmond, Mr. Speaker.

{HO.

}OURNAI. OF THE HoUSE,

By unanimous consent the verification of the roll call was dispensed with.

On the aldoption of the report of the committee the ayes were 137, nays 1.

The report was therefore adopted.
-
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 Senart:e, to wit:

A billto amend section 2o6o of the Code of 1895.
The following bill was r~d the third time and put upon its passage, the same having been set as a special order by the Committee on Rules, to wit:

By Mr. Hall of Bibb-

A bill to provide for the assessment of property !n this State, of which the owners are required by law to make returns to the Comptroller-General, and for other purposes.

An appropriation being involved, the Speaker resolved the House into a committee of the whole and designated as chairman Mr. Adams of Ohatham.

After a consideration of tt'he bill the connnittee arose and !through its chairman reported the bill back to the
House with the recommendation that it be tabled.

MoNDAY, Aucus'l' 10, 1908.

91l

The report of the oommittee was agreed to and the bill was tabled.

. By unanimous consent the following resolution was read and adopted, to wit:

By Mr. Candler of DeKalb-

A resolution authorizing the joi111t committee to investigate the charges made against the prison department to sit after the adjournment of the Legislature and complete its investigations, and for other purposes.

Mr. McFarland proposed to amend by adding the following:
u Resolved further, That the members of said com- . mittee during t'heir sittings in vacation be paid regular per diem and actual traveling expenses incurred while in the discharge of their duties."

The amendment was adopted.

The followi'ng Senate bills, which were made the special orders for this time, were read the first time, to wit:

By Mr. Hawes of 3oth district-

A bill,to incorporate the city of Union City.

Referred to Committee on Corporations.

By Mr. Deen of 5th district-

A bill to amend section 2o6o of the Code of 1895.

Referred to General Judiciary Committee.

912

MONDAY, AUGUST 10, Igo8.

By :M:r. Stephens of 1st d~stri'ct~

A bill to authorize the municipal authorities of any dty to esta'hlish and maintain farm or other place of confinement for misdemeanor convicts.

Referred to General Judiciary Committee.

By Mr. Martin of 43d districtA bill to amend the registration laws of Georgia.

Referred to General Judiciary Committee. By Mr. Bush of 8th district-
A bill to amend an Aot to incorporate the city of Colquitt.
Referred -to Committee on Corporations.

By Mr. Stephens-
A bill to extend time for completion of Savanna~ Statesboro & Western Railroad.

Referred to Special Judiciary Committee.

By Mr. Martin of 43d districtA bill to amend the primary election la,vs of Georgia.

Referred to General Judiciary Co.mmittee.

By Messrs. Martin and Felder-::-
A resolution requesting aid of the House in consideration of pension bill.
Tabled.

MONDAYJ AUGUS'l' 10, I9Q8.

tiS

By Mr. Mattox of 4th district-

A bill to amend section 982, volume 2 of the Code so as to make Homerville a State deposftory.

Referred to Committee on Banks and Banking.

By Mr. Camp of 3 I Sit district-

A bill to auvhorize the Governor to purchase a tract of l'and in Chattanooga for a terminal station for the W. & A. Ra-ilroad.

Referred to Committee on W. & A. Railroad.

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

By Mr. Henderson of 39th district-

A bill to extend the present school book contract until January I, 1911.
By Mr. Williford of 28th district-

A bill to regulate the number of hours work of certain telegraph and telephone operators.
The following resolution was read the thoird time and put upon its passage, to-wit:

By Mr. Edmondson of Chattooga-
A resolution ro pay a pension to Mrs. Eliza Lee.

An appropriati'on being involved the Speaker resolved the House into a committee of the whole and designated as chairman Mr. Nowell of Monroe.
Uloj

914

JouRNAL oF THE: Hous.e,

After a consideration of the bill the conunittee arose and reporrted the resolution had< with the reconune~da
tion that it do pass.

The report of the committee was agreed to.

The ayes and nays were- called but before the vote could be announced Mr. Thurman moved that the resolution be tabled, whioh motion prevailed.
The House concurred in the following Senate amend.ments to the following bill, to wit:

By Mr. Strickland of Pike-

A bill to establish the city court of Barnesville.

Senate amendment No. I :

To amend section 4 by striking out all of the last sentence of the said section, to-wit: "The first election of said judge shall be held on Saturday before the first Monday in October, 1907, and shall hold his office until ~he general State election in October, 1go8, when there shall be another election for judge, who shall then hold office for four years, until the nen regular State election in October, 1912, and so on every four,"' and insert in lieu thereof the following:

"The first election for said judge shall be held in Octo1ber, 19QS, at the same time and place and manner of the general State election and rules regulating the same, and every four years thereafter." Also,
Amendment No. 2 :
To amend section 25 of the bill by inserting between

MONDAY, AUGUST 10, 19Q8.

915

the word "bond" and "to," in line 12, the following; "Provfded further, that every defendant in a criminal case in said court may waive in writing his right to be tried by a jury and consent to a trial by the judge of said oourt without a jury at any time."

Amendment No. 3 :

To amend section 4 by inserting between the words, "shall" and "by," in line fqur, the word "fill."

The House proposed to amend Senate amendment No. 3 to section 2 5 by addfng the following proviso at the end of said section: "Provided further, thart: the solicitor may draw an accusation based upon affidavit of prosecution and try same in city court without commitment unless <lefendant demands committal trial within five days after his arrest."

Mr. Donalson, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:

Your Committee on Counties and County Matters has had under consideration Senate bills iNos. 230 and 241 and recommend that the same do pass.

ERLE M. DoNALSON, Chairman.

Mr. Noweil, chairman of Committee pn Corporations, submitted the following report :
Mr. Speaker:
Your Committee on Corporations has had under consideration the following Senate bflls and direct me as

916

JOURNAL OF THE HOUSE,

their chairman to report same back with the following recommediation, to-wit :
SENATE BILLS DO PASS.
An Act to create a new charter for the town of Buckhead; Morgan county.
An Act to amend the charter of the city of Dalton

DO PASS AS AM:END:ED.

An Act to amend the chaM:er of the city of Dalton, and for other purposes.
Respectfully,
HAL G. NOW:ELL, Chairman.

The undersigned members of the conference conm1ittee on House bill No. I, submitted 'the following report:
Mr. Speaker:
Your committee appointed to confer with a committee from the Sena.te in reference to the Senate amendments to House bill No. I, beg leave to report that they met and agreed with the Senate committee upon a substitute hill, but that after said bill was prepared the Senate committee changed their minds and declined to agree thereto. Your committee is of opinion tha.t it can not agree with the views of the Senatl:e committee and therefore ask to be discharged from further consideration of t>he bill.
S:EABORN WRIGHT, W. A. CoviNGTON, HOOPER ALEXANDER.

TuESDAY, AucusT 11, 1908.

lH7

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

By Mr. Hudson Df 25th district-
A bill to require a tax on all persons taking or soliciting orders for pictures in the county of Harris.
By Mr. Williford of 28th district-
A bill to create a new charter for the town of Buckhead.
By Mr. Henderson of 39th district-
A bill to authorize an election to be held in the town of Cumming to order the issuance of bonds for school purposes.
The order of business having been completed, the Speaker announced the House adjourned until 9 o'clock tomorrow morning.

ATLANTA, GA.,

Tuesday, August I I, I9QS.

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 Clraplafn.

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

Adams of Chatham, Adams of Wilkinson Alexander,

Adams of Elbert,

Adkins,

Allen.

918

JouRNAL o:t TH~ Hous~,

Anderson of Bulloch, Donalson,

Keith,

Anderson of Cobb, Dorminy,

Kendall,

Arnold,

Dunbar,

Kendrick,

Ashley,

Duggan,

Lee,

Atkinson,

Dykes,

Lively,

Atwater,

Eaves,

Lumsden,

Austin,

Edmondson,

Lunsford,

Ballard,

Edwards,

Matthews,

Barksdale,

Ellison,

MacFarland,

Barrett,

Estes,

McCarthy,

Barrow,

Fagan,

:Mcintyre,

Bell,

Flanders,

McMahan,

Berry,

Flannigan,

McMichael,

Blackburn,

Foster,

McMullan,

Bond,

Fowler,

McWilliams,

Bowen,

Fraser,

Martin,

Boyd,

Frier,

Massengale,

Brown of Carroll, Fullbright,

Maxwell,

Brown of Oglethorpe, Furr,

Mays,

Buchannon,

Geer,

Mercer,

Burkhalter,

Gibson,

Moore,

Burwell,

Glenn,

Morris,

Butt,

Godley,

Mundy,

Calbeck,

Goode,

Nix,

Callaway,

Guyton,

Nowell,

Candler,

Hall,

Odtim,

Cannon,

Hamilton,

Orr,

Chamlee,

Hardeman,

Parker,

Clark,

Harris,

Parrish,

Clifton,

Haywood,

Payton,

Collum,

Heard,

Perry,

Cook of Chat'hoochee, Hill,

Persons,

Cook of Telfair,

Hines,

Peterson,

Cooke of Thomas, Holder,

Pope of Brooks,

Covington,

Howard,

Pope of Dade,

Couch,

Hubbard,

Powell,

Cowan,

Huff,

Price of Bartow,

Crawford,

Huie,

Price of Oconee,

Crumbley,

Hullender,

Reid of Macon,

Culbreth,

Jackson,

Reid of Putnam,

Daniel,

Johnson of Jasper, Reid of Wilcox,

Davis,

Johnson of Jeff Davis, Rogers,

Davison,

Johnson of Towns, Rountree,

Dean. Dickey,

Jones of Meriwether Russell. Jones of Mitchell, Ryals,

TuESDAY, AuGusT 11, 1908.

919

Shaw, Sheffield. Simmons, Slade. Slater, Smith of Calhoun, Smith of Campbell, Stephens, Stewart. Strickland, Stubbs, Sumner, Swilling, Taylor of Appling,

Taylor of Sumter, Terrell, Thorne, Thurman, Tift, Townsend. Tracy, Trent, Tuggle, Tyson, Walker of Lowndes, Walker of Milton, Walker of Wash'ton, Ward,

Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond. Wynne. Young, Mr. Speaker.
. -;1J

On motion of Mr. Wright of Floyd, the reading of the journal of yesterday's proceedings was dispensed with.

By unanimous consent, the following reports af sta.n~ ing committees were submitted :

Mr. Alexander, chairman of the Committee on W. & A: Railroad, submitted the follow~ng report:

Mr. Speaker:
Your Committee on the Western & Atlantic Railroad beg leave to report that they have had under consideration Senate bill No. 227, the same being a bill authorizing the Governor to contract for the purchase of lands in Chalttanooga for the Western & Atlantic Railroad, and instruct me as their chainnan to report the same back with the recommendation that it do pass by substitute berewi!l:h transmitted.
HooUR AL~XAND~R, Chai'rman.

920

JoURNAl, OF THE Hous~,

Mr. Nowell, chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:

Your Committee on Corporations has had under consideration the following bills of the Senate and direct me as their ohairman to report same back with the following n;commendations, to wit :

SENATJ.: BILI.,S DO PASS.
An Act to incorporate the city of Union City, Campbell county.
An Act to amend an Act to incorporate the city of Colqur~t in lieu of town of Colquitt,
Respectfully submitted. HAL G. NOWELL, Chairman.

Mr. Wtight of Richmond, chairman of the CommiLtee on General Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary, having had under tonsi"deration the following bills of the Senate, instructed me as their chairman, to report same back to the House with the recommendation that same do pass, to wit:

A bill to amend section 492, Code, 1895, relative to burial of carcasses.
A bill rto regulate rthe hours of telegraph and telephone operators.

TuESDAY, AuGusT 11, 1908.

921

A bill to amend registration laws of Georgia.
A hill to authorize municipal authorities to establisi1 and maintain a farm or other place of confinement for misdemeanor convicts.

A bill to amend primary election laws of Georgia.
Also, the following bills of the Senate with the recommendation that same do not pass, to wit :
A bill to provide for re-survey of disputed county lines.
Also, the following Senate resolution with the recommendation that same do not pass, to wit :

A resolution appointing joint COUlmittee on readjustment of judicial circuits.
Respectfully submitted.

BOYKIN WRIGHT, Chairtna.n.

By unanimous consent the following bill was taken up and the Senate a111endments concurred in, to wit :

By Mr. Fraser of Liberty-

A bill to prohibit the catch~ng of shad or other fisi1 with driftnets in the wafers of this State.

'I'he Senate proposed to amend by adding at the end of section I the following words : "Between the h0Jrs commencing at sundown on Thursday of each week and ending at sunrise Monday morning of the next week."

922

JOURNAL OF TH HOUS,

By unanimous consent, the following Senate bills were read the second time, to wit :

By :Mr. Deen of 5th district-

A bill to amend section 2o6o of the Code of 1895

By l\Ir. Martin of 43d district-
A bill to provide additional regulations for primary elections.

By Mr. Martin of 43d districtA bill to amend the registration laws of Georgia.

By Mr. Bush of 8th district-

A bill to amend an Act to incorporaJte the city of Colquitt.

By Mr. Stephens of 1st district-

A bill to authorize the municipal authorities of cities in this State to establish and maintain a farm or other place. of confinement for misdemeanor convicts.

By Mr. Oamp of 31st district-
A bill to authorize the Governor to purchase land 1n Chattanooga for a tenninal station for W. & A. Rail-
road.

By Mr. Wilkes of 7th district-

A bill to amend section 492 of the Penal Code of Georgia.

TuESDAY, AuGusT 11, 1908.

923

By Mr. Hawes of 30th district-

A bill to incorporate the city of Union City. By Mr. Stephens of 1st distri"ct-

A bill to extend the time for the completion of the Savannah, Statesboro & Western Railroad.

The above bill was recommitted.

On motion of Mr. Hall of Bibb, Senate bill No. 230 was indefinitely postponed.

Senate bill No. 236 was also indefinitely postponed on motion of Mr. W1se of Fayette.

The following message was received from the Senate, through Mr. Northen, Secretary thereof:

Mr. Speaker:

The Senate has concurred i'n the amendment of the House to the following bill of the Senate, to wit :

A bill to amend the char-ter of the city of Marietta, approved August 15, 1904.

The following message was received from the Senate, through Mr. INlorthen, Secretary thereof:
Mr. Speaker:

The Senate ha:s adopted the following resolution, in which the concurrence of 'the House is respectfully asked, to wit:

924

JOURNAl. OF TH HOUS,

A resolution declaring the name of the Technological school to be the State SChool of Technology.

The Senate has concurred as amended in the following resolution of the House, to wit:

A resolution memoralizing Oongress to grant an appropria.tion for the survey of a canal from the Tennessee river to the Ocmulgee river.

The Senate has passed, hy the requisite. constitutional majority, the following bills of the House, to wit:

A bill to amend and consolidate the laws of force for the protection of game.
A bill to create a State board of veterinary examiner~.

A bill to prescdbe the manner in which real estate belonging to Emanuel county may be sold.
A bill to provide for arbitration of tax returns of railroads.
A bill to amend an Act providing for four terms oi superior court of Gwinnett county.

A bill to amend an Act establishing the city court of Newnan.

A bill to amend the charter of the city of Atlanta.

A bill to amend the charter of College Park.

A hill to amend t'he charter of College Park.

A bill to. incorporate the town of Temple, i'n the county

of Carroll.

:~ 1: Ia=

TuESDAY, AucusT 11, 1908.

925

A bill to amend the charter of town of Hogansville.

The following message was received from the Senate, tl.rough Mr. Northen, 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 establish a boa:rd for the examination of accountants.

A bill to amend the chater of the town of Adel, in county of Berrien.

A bill to provide for the election of judge and solicito1 of <the city court of Sandersville.

By unanimous consent the following Senate oills were read the thi'rd time and put upon their passage, to wit :

By Mr. Knight of the 6th district-

A bill 1o change and fix the time of holding the superior court ot Tift county.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage vf the bill the ayes were 100, nays o.
The bill having_ received the requisite constitutional rna.jori"ty was passed.

By Mr. ':Vilkes of 7th district-

926

JoURNAL OF THE HOUSE,

A bill to amend an Act to create the city court of Moultrie.

The House substitute was as follows :

A bill to he entitled an Act to amend an Act entitled "an Act ro establish the city court of Moultrie, in and for the county of Colquitt; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof ; to define the powers of the judge and other officers thereof, and for other purposes." (Approved November 13, 1901), and Acts amendatory thereOf (approved December 17, 1902, July 30, 1903, and August 20, 1906), and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enaoted by authority of the same, That the Act approved November 13, 1901; and published on pages 136 and 145 of Georgi~ Laws, 1901, and Acts amendatory thereof, be and the same is hereby amended so as to proVide for the election of the judge and solicitor thereof by the people and to limit the fees of the solicitor thereof, and for other purposes.

Sec. 2. Be it further enacted, That the general election to be held on the first Wednesday in October, Igoo, there shall be elected by the qualified voters of Colquitt county a judge of the city court of Moultrie whose term of office shall be four years from January 1, 19II. Every four years thereafter there shall likewise be elected a judge of said city court for a term of four years, and who shall hold office until his successor is elected and qualified.

TutSDAY, Aucus't 11, 1908.

927

Sec. 3 Be it further enacted, That at the general election in October, 1910, there shall be a solicitor of the city court o'f Moultrie whose term of office shall be -two ,ears from January I, 1911. At the general election to be held on dte first Wednesday in October, 1912, and every four years thereafter there shall be elected a solicitor of said city courrt: whose term of office shall be four years. The term of office of the first solicitor elected thereunder shall be two years, and tJhe term of office of all subsequent solicitors elected thereunder shall be four years and until his successor is elected and qualified.

Sec. 4 Be it further enacted by the authority aforesaid, That the city court of Moultrie shall have jurisdiction to hear and determine all applications for the eviction of intruders, tenants holding over, par-tition o~ personal property, for trial of possessory warrants; issue and dispose of distress warrants, attachments and garnishments; foreclose mortgages on personal property and liens, and to try and dispose of all other cases and causes of whatsoever kind, excepting such causes, the jurisdiction of which is by the Constitution limited to other courts.
Sec. 5 Be it further enacted, That all of the fees and moneys received by the solicitor of the city court of Moultrie for ~rial of cases in the city court of Moultrie in excess of $1,200 per annum, shall be by said solicitor paid into the treasury of Colquitt county, to be used by said oounty as other funds are used ; provided, that in addition to the $I ,200 herein provided for the solicitor, he shall have the regular fees as provided by law for the trial of cases in the court of appeals or the supreme court of the State.

928

Jou_RNAL oF TH HousE,

Sec. 6. Be it further enacted, That the present term of the judge of the city court of Moultrie shall not expir~ until January I, I9II, so tha:t the first election for judge of the city court of Moultrie, held under this Act, shall be held at the regular general eleotion to be held in October, I9IO.
Sec. 7 Be 'it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
The substitute was adopted.

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

On the passage of the bill the ayes were I IO, nays o.

The bill having received the requisite consti'tutional majority was passed by substitute.

By Mr. Henderson of 39th district-

A bill to authorize the town of Cummingjo hold an election to determine whether bonds shall be issued for school purposes.

The report of the commiHee, which was favorable t'l the passage of the bill, was agreed to.
On the passage of the bill the ayes were uo, nays o.
The bill having received the requisite constitutional majority was passed.
By Mr. \Vilkes of 7th district-

Tu~DAY, AuGust 11, 1908.

929

A bill to repeal an Act to incorporate the town of Kingwood.
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 100, nays o.
The bill having received the requisite constitutional majority was passed.

By Mr. Felder of 22d di'strict-
A bill to amend the charter of the city of Macon.
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 92, nays 3
The bill having received the requisite constitutional majority was passed.

By Mr. Williford of 28th district-
A bill to .create a new charter for the town of Buckhead.
The report of the commi'ttee, which was favorable ta the passage of the bill, was agreed to.
On the passage of the bill the ayes were 100, nays o.
The bill having received the requisite constitutional majority was passed.

By Mr. Martin of 43d district-
A bill to amend the C!harter of the city of Dalton.
6thj

930

JoURNAL O:F TH Hous,

Mr. Glenn proposed to amend by striking all of sections 6 and 9 and 10 and numbering remaining sections accordingly.

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 were roo, nays o.

The bill having received the requisite constitutional majority was passed as amended.

By Mr. Martin of 43d district-

A bill to amend the oharter of the city of Dalton.

Mr. Glenn proposed to amend by adding the following words after the word "number," in section r, lines 8 and 29, the following words: "And shall be empowered to prescribe a oourse of study commonly taught in the high schools of this State."
The amendment was adopted.

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

On the passage of the bill the ayes were roo, nays o.

The bill having received the requisite constitutional majority was passed as amended.
By Mr. Overstreet of 17th districtA bill to regulate the publication of all legal adv~tise-

TutsoAY, Aucus'l' 11, 1908.

931

ments in all counties having a population of not less than 20,400 and not more than 20,500 according to the census of Ig<>o.

The report of the committee, which was favorable 1x> the passage of the bill, was disagreed to and the bill was lost.

By. Mr. Gordy of 24th district-

A bill to repeal an Act fixing the .number of days work requir~d of persons subject to road duty in certain coWlties.

On motion of Mr. Wright of Floyd, the above bill wa/J tabled.

The following message was received from the Senate, through Mr. Northen, Secretary thereof:

Mr. Speaker: The Senate has adopted the following resolution, to
wit:
A resoluti'on requesting the House to return House bill No. 467 to the Senate.
The following Senate resolution was read and adopted, to wit:
By Mr. Felder of 22d districtA resolution declaring the name of the Technological
school to be the "State School of Technology."
The following Senate 'bill was read the second time, to wit:

932

JoURNAL OF THS HOUSE,

By Mr. Henderson of 39th district-
A biN to empower members of local board of schooi trustees to administer oa;bhs to common school teachers.

The following b11ls were taken up and the Senate amendments concurred in, to wit:

By Mr. Slaton of Fulton-
A resolution memorializing Congress in regard to a canal, etc.

The Senate proposed to amend by adding after the word "puriJOSe," in line 50, the words, "that Congress be memorialized to appropriate" ; also, to amend by striking the words "be appropriated," in line 51.
By Mr. Candler-

A bill to establish a board for the examination of accountants.
The Sena;te proposed to amend section 2, line 12, by striking after words "nineteen hundred and" the word "seven" and inserting "eight."

By unanimous consent the following bill was read the third time and put upon its passage, to wit:
By Mr. Pope of BrooksA bill to amend -the oharter of the town of Morven.
The report of the committee, which was favorable to the pass~ge of the bill, was agreed to.
On the passage of the bill the ayes were I II, nays o.

TutSDAY, AuGusT 11, 1908.

933

The bill having recetved the requisite constitutional
majority was passed.
.Mr. Parker, chainnan of the Enrollment Committe~, submitted the followi'ng report:
Mr. 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 Chalybeate Springs. An Act to create the city court of Wrightsville.

An Act to amend the charter of the city of Gainesville.
An Act to incorporate the town of Orland, m the county of Montgomery.

An Act to create a new charter for the town of Glenwood.
An Act to create a board of commissioners of road:> and revenues for the county of Johnson.
. An Act to establish a public. school system within the city of Wrightsville.
An Act to amend the charter of the city of Rome.
An Act to amend an Act creating a board of commissioners of roads and revenues for the county- of Sumter.
An Act to amend the charter of Waynesboro.

934

JouRNAL o:t TH~ HousF.,

An Act to amend the charter of Douglasville.

An Act to repeal an Act establishing county courts in each county in the State so far as it affects Camden county.

An Act to create a board of commissioners of roads and revenues for Appling county.

An Act to ame~d the Act creating a board of commissioners of roads and revenues for Jackson county.

An Act to amend the charter of Kirkwood.

An Act to amend an Act provi'ding for holding four terms a year of the superior court of Gwinnett county.

An Act to amend an Act providing for Glynn county to issue bonds.

Mr. McMichael, chairman of the Committee on Education, submitted the following report :
Mr. Speaker:
Your Committee on Education has had under consideration Senate bills Nos. 195 and 240, and instructs me as is chairman to report ~s follows :

Senate bi11 No. 195 do pass.
Senate bill No. 240 do not pass.

Respectfully submitted, E. H. McMICHA1., Chainna.n.

TvEsDAY, AuGusT 11, 1908.

935;

The following message was received from the Senate, through Mr. Northen, Secretary thereof:
Mr. Speaker:
The Senate has concurred in the amendments of the House to the following Senate hills, to wit:

A bill to amend the charter of the city of Dalton.

A bill to amend the charter of the city of Dalton.

The Senate has passed, as amended, by the requisite constitutional majority, the following bills of the House, to wit:
A hill to require all candidates to publish a statement of campaign expenses.
A bill to prohibit contributions by co~tions or their officers or agents to campaign funds.

The following Senate resolution was taken up and read, to wit :
By Mr. Felder of 22d district-

A resdlution requesting the House to return to the Senate House bill No. 467.

The House. refused to concur in the above resolution and the request was not granted.

The following bills were taken up and the Senate amendments concurred in, to wit:

By Mr. Shaw of Clay-:-

936

JouRNAL OP TH:& Hous:t,

A resolution to pay W. A. McAllister $54.16 for armory rent.

The Senate proposed to amend by striking all of resolution after word "McAllister" and insert "out of the first funds appropriate and available for military purposes.

By Messrs. Duggan and Walker of Washington-

A hill to provide for the election of the judge and solicitor of the city court of Sandersville.

The Senate proposed to amend section 1 as follows : Strike out the words beginning with "general," in li'ne 5, down to and including the word "October," in line 7, and substitute in lieu thereof the following: "At the election to be held on the Tuesday after the first Monday of November" ; also,

To amend by striki'ng out the words "at such general election," in line 7, and substituting the words, "at each general election for Governor eacli four years thereaffer." Also,

To amend section 2 by striking out the words "first Wednesday in October, 1908" and substitute therefor the words "Tuesday after the first Monday of November, 1908"; also,
To amend by adding a new section to the 'bill to pre-
s. cede section 5, to read as follows: "Sec. The provisions
of this Act shall not become effective unless and until its provisions shall havebeen approved by a majority of the electors of Washington county qualified to vote for members of rthe lower House of the General Assembly, in the manner hereinafter provi'ded. At the general election for

TuESDAY, AuGusT 11, 1908.

937

Governor and Statehouse officers to be held on the fir.>t Wednesday in October, 19o8, the question as to whether the judge and solicitor of the city court of Sandersville shall be elected by the people or appointed by the Governor shall be submitted to a vote of the qualified electors of Washington county. Each person wi'shing to vote fo~ the election of such officers by the people shall have wric- ten or printed on his ballot: "For the election of city court judge and solicitor by the people," and each person desiring to vote against the election of suc'h officers by the people shall have plainly written or printed on his ballot: "Against the election of city court judge imd solicitor by the people." If a majority of the votes cast in such election on this question are favorable to the electin of such city court officers by the people, then this bi!l shall be of full force and effect, but if a majority of the ballots cast on this question shall be against 1Jhe .election of suoh city court officers by the people then this bill shall not be operative, and shall be of no force and effect. The ordinary of Washington county is hereby required to certify under the seal of his office the result of the election therein provided for to the Governor within ten days after the election."

The Senate proposed to amend section 5 by numbering same section 6.

By Mr. Way of Pulaski-

A resolution to return to Carroll Daniel the amount received by the State of Georgia for work done by him in the penitentiary while illegally confined there.

The Senate proposes to amend as follows, to wit:

938

JoURNAL OF THE HOUSE,

( 1) Amend caption by providing for the return of said amount to Laura Daniel, widow of Carioll Daniel.

( 2) Amend the resolution by inserting between the word "cents" and the words "therefore be it resolved" the following: "And whereas the said Carroll Daniel, in August, 1907, died, lea:ving a widow, Laura Daniel, his death being the result of tuberculosis contracted during his service in said penitentiary."

(3) Amend the resolution so as to provide that the sum of $224.22 be paid to his widow, Laura Daniel, and that the Governor draw his warrant payable to Laura Daniel, his said widow.

By Mr. Parrish of Berrien-

A bill to amend an Act to reincorporate the town of Adel, in Berrien county.

The Senate proposes to amend as follows, to wit :

By striking therefrom all of section 15 and inserting in lieu thereof the following:

"Sec. 15. Prorata share of public school fund. Be it further enacted by the authority aforesaid, That the State school commissioner of Georgia is hereby required to pay over to the board of education of the town of Adel the prorata share of the State and county school fund t0 Which said town is entitled accordfng to the number of children of school age residing within the corporate limits of the town of Adel, as shown by the last school census for Berrien county. The amount thus to be paid shall be paid at such time as the teachers of the county of Berrien are paid, and when paid shall be expended by said

TuESDAY, AuGusT 11, 1908.

939

board for the support and maintenance of said public schools of the town of Adel. It shall be the duty of the baard of education of the town of Adel to have, prepare and furnish the Sta!te school commissioner, immediately upon the establishment of said public schools, and at such times thereafter as the school census for the county of Berrien may be taken, a list or census of all school children of school age residing within the corporate limits of said town of Adel. The board of education of the town of Adel shall have authority to admit the children of non-residents upon such terms as may seem to them reasonable and just; also, to admit the children of publi;: school age who reside in Berrien county but without the corporate limits of the town of Adel, and to make contt acts with the board of education of the county of Berrien for such pro rata amount as may be due by the county of Berrien of rhe State and county public school fund for such children."

By Mr. Hall of Bibb-

A bill to prohibit any railroad, ex;press, telegraph or telephone company, or any person exercising any public franchise i'n this State, from giving service- to any one otherwise than extended to the general public.

The Senate offered a substitute for the above bill.

Mr. Perry of Hall proposed the following substi'tute for the Se.nate substitute, to wit :

A bill to be entitled an Act to make it unlawful for any ra-ilroad or street railroad company doing business in this State or for any express, telegraph, telephone company, or other oornrn0n carrier or public utility cor-

940

JOURNAL OF THE HousE,

poration doing business in this StaJte, or the officer or agent of any of the aforesaid corporations to grant or allow the cars, lines or privileges of such company or common carrier within this State to be used by any person or corporation free or at any less rate than that chargerl the general! public under the same circumstances, or b) issue or grant or allow to any person or corporation to be used within this State, passes, franks or rebates having, or intended to have, such effect, and to make it unlawful for any person to solicit or ask for or to receive for himself or another, or to use any privilege, frank, pass or rebate forbi'dden by this Act; to provide a punishment for violation of the provision of this Act, and for other purposes.

Section 1. Be it enacted by the GeneraJl Assembly of

rhe State of Georgia, and it is hereby enacted by authority

of the same, That from and after January 1, 1909, it shall

be unlawful for any railroad or street railroad companv

doing business in this State, or for any express, telegraph,

telephone company or other common carrier or public

utility corporation doing business in this State, or the

officer or agents of any of the aforesaid corporations to

grant. or allow the cars, lines or privileges of such com-

pany or common carrier within this State to be used by

any person or corporation free or at any less rate than

that charged the general public stances, or to issue or grant or

uanlldoewr tt hoeasnaympeercsiorcnumo r-

corporation to be used within this State passes, franks or

rebates having or intended to have the effect of allowing

such person or corporation to ride on or use the cars,

lines or privileges of said company free or at any rate

less than that charged t'he general public under the same

circumstances; provided, that this Act shall not apply to

TuESDAY, AucusT 11, 1908.

941

passes or franks granted to bona fide operatives or constructors or repairers of suah roads or lines in the discharge of their duties as such. And it shall be unlawf1tl for any person to solicit or ask for or to receive for himself or another or to use any privilege, frank, pass or rebate forbidden by this Act.

Sec. 2. Be i't further enacted by authority of the same,
That any corporation or officer or agent of any corporation, or any person, viol~ting any of the provisions of this Act, shall be deemed guilty of a misdemeanor and upon conviction sha:ll be punished as proV'ided by section 1039 Of the Code of this State.

Sec. 3 Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.

On the adoption of the above substitute Mr. Perry called for the ayes and nays, which call was sustained, and on taking the ballot viva voce t!he vote was as follows:

Those voting in the affirmative were Messrs.-

Adams of Chatham, Cooke of Thomas

Adkins,

Covington,

Alexander,

Cowan,

Anderson of Bulloch, Dean,

Atkinson,

Duggan,

Austin,

Flanders,

Berry,

Frier,

Bond,

Furr,

Burkhalter,

Gibson,

Calbeck,

Goode,

Clark,

Hamilton,

Cook of Chat'hoochee, Hardeman,

Cook of Telfair,

Hill,

Hubbard, Huie, Jackson, ]ohnson of Towns, Jones of Mitchell. Keith, Mcintyre, McMichael, McMullan, Mundy, Orr, Perry, Shaw,

942

JoURNAL OF' THlt HoUSlt,

Sheffield, Slater, Smith of Campbell, Stephens, Stewart, Strickland, Stubbs,

Sumner, Swilling, Thurman, Townsend, Tracy, Trent, Walker of Milton,

Ward, Williams, Wise, Wootten, Wright of Floyd, Wynne, Young,

Those voting in the negative were Messrs.-

Adams of Elbert,

Edmondson,

Mercer,

Adams of Wilkinson, Ellison,

Moore,

Anderson of Cobb, Este3,

Nowell,

Barksdale,

Fagan,

Parker,

Barrett,

Flannigan,

Parrish,

Barrow,

Fraser,

Pope of Brooks,

Bell,

Geer,

Pope of Dade,

Blackburn,

Glenn,

Powell,

Boyd,

Godley,

Price of Bartow,

Brown of Carroll, Guyton,

Price of Oconee,

Brown of Oglethorpe, Hall,

l{eid of Macon.

Buchannon,

Harris,

Reid of Putnam,

Butt,

Haywood,

Rogers,

Callaway,

Heard,

Rountree,

Candler,

Huff,

Ryals,

Cannon,

Hullender,

Slade,

Chamlee,

Johnson of Jeff Davis, Taylor of Sumter,

Clifton,

Kendall,

Terrell,

Collum,

Kendrick,

Thorne,

Couch,

Lumsden,

Tuggle,

Crawford,

Matthews,

Tyson,

Crumbley,

MacFarland,

Walker of Wash'ton,

Culbreth,

McCarthy,

Warnell,

Daniel,

McMahan,

Watkins,

Davis,

McWilliams,

White of Madison,

Davison,

Martin,

White of Screven,

;)onalson,

Maxwell,

Wilson,

Dykes,

Mays,

Wright of Richmond,

Those not voting were Messrs.-

Allen, Arnold, Ashley,

Atwater, Ballard, Bowen,

Burwell, Dickey, Dorminy,

TuESDAY, Aucus'l.' 11, 1908.

943

Dunbar, Eaves, Edwards, Foster, Fowler, Fullbright, Hines, Holder, Howard,
Johnson of Jasper,

Jones of Meriwether. Lee, Lively, Lunsford, Massengale, Morris, Nix, Odum, Payton, Persons,

Peterson, Reid of Wilcox, Russell, Simmons, Smith of Calhoun, Taylor of Appling, Tift, Walker of Lowndes, Whitley, Mr. Speaker.

By unanimous consent the verification of the roll-cail was dispensed with.
On the <!-doption of the substitute rhe ayes were 6o, nays 84.

The substitute was therefore lost.

Mr. Hall of Bibb moved to disagree to the Senate subtitute, and on that motion caUed 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 of Elbert,

Cannon,

Flanders,

Adams of Wilkinson. Clark,

Flannigan,

Allen,

Clifton,

Fowler,

Anderson of Bulloch, Collum,

Fraser,

Ashley,

Cook of Chat'hoochee, Glenn,

Austin,

Crumbley,

Goode,

Ballard,

Culbreth,

Guyton,.

Barksdale, Belt,

Daniel, Da~is,

Hall, Harris,

Berry,

Dickey,

Heard,

Blackburn,

Dunbar,

Hill,

Boyd,

Dykes,

Holder,

Brown of Oglethorpe, Eaves,

Huff;

Buchannon,

Edmondson,

Johnson of Towns,

Butt,

Estes,

Kendall,

Callaway,

Fagan,

Kendrick,

944
Lumsden, Matthews, Mcintyre, McMahan, McMullan, Martin, Maxwell, Mercer, Mundy, Nowell, Parker,

JouRNAL oF THE HousE,

Parrish, Pope of Dade, Price of Oconee, Reid of Macon, Rountree, Ryals, Simmons, Slater, Stephens, Terrell,

Thorne, Townsend, Walker of Wash'ton, Warnell, Whitley, Williams, Wilson, Wootten, Wright of Floyd, Wynne,

Those voting m the negative were Messrs.-

Adams of Chatham, Adkins, Alexander, Anderson of Cobb, Atkinson, Barrow, Bond, Brown of Carroll, Burkhalter, Calbeck, Candler, Chamlee, Cook of Telfair, Cooke: of Tho'11as, Covington, Couch, Cowan, Crawford, Davison, Dean, j)onalson, Duggan,
Ellison,

Foster, Furr, Gibson, Hardeman, Haywood, Hines, Hubbard, Huie, Hullender, Jackson, Jones of Mitchell, Keith, Lunsford, McCarthy, McMichael, McWilliams, Mays, Moore, Orr, Perry, Powell, Price of Bartow,

Reid of Putnam, Rogers, Shaw, Sheffield, Slade, Smith of Campbell, Stewart, Strickland, Stubbs, Sumner, Swilling, Taylor of Sumter, Thurman, Tracy, Tuggle, Tyson, Walker of Milton, Ward, Watkins, White of Screven, Wright of Richmond, Young,

Those not voting were Messrs.-

Arnold, Atwater, Barrett, Bowen,

_Burwell, Dorminy, Edwards, Frier,

Fullbright, Geer, Godley, Hamilton,

TuESDAY, AucusT 11, '1908.

945

Howard,

Nix,

Johnson of Jasper, Odum,

Johnson of Jeff Davis, Payton,

Jones of Meriwether Persons,

Lee,

Peterson,

Lively,

Pope of Brooks,

MacFarland,

Reid of Wilcox,

Massengale,

Russell,

Morris,

Smith of Calhoun, Taylor of Appling, Tift, Trent, Walker of Lowndes, White of Madison, Wise, Mr. Speaker.

By unanimous consent the verification of the roll-call was dispensed with.

. On the motion to disagree to the Senate substitute the ayes were 79, nays 67.

Tlhe motion, therefore, prevailed.

Leave of absence was granted Messrs. Eaves, Edwards and Mundy.

The hour of_ adjournment havfng arrived the Speaker announced 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.
Mr. Mays, chairman of the Committee on Special Agriculture, submitted the following report:
60bj

946

JOURNAL OF TH:g Hous:g,

Mr. Speaker:
Your Committee on Special Agriculture has had under consideration the following bills, and request the chairman to make the following report :

B1U No. 618. Do not pass.

Bill No. 372. Do not pass.

MAYS, Chairman.

Mr. Heard, chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks and Banking having had under consi'deration Senate biH No. 185, instruct me as their chairman to report same back with tJhe recommendation that it do pass as amended.

HEARD, Chairman.

Mr. Blackburn, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Senate bills, and as its chairman I am requested to report the same back as follows :

Senate bill 172, entitled an Act to amend an Act ere ating city court of Quitman, do not pass.
Senate bill No. 731, entitled an Act to e2ctend the time

TuESDAY, AucusT 11, 1908.

947

for completion of the Savannah, Statesboro & Western Railroad, do pass.
All of which is respectfully submitted,
B. B. BLACKBURN, Chairman.

The following message was received from the Senate, through Mr. Nlorthen, Secretary thereof:
Mr. Speaker:

The President of the Senate has appointed the follow ing as a new committee of conference on House bill No. r, known as the anti-lobbying bill:
Senators Dobbs, Howard and Johnson.
The following message was received from the Senate, through Mr. Northen, secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following House bills, to wit:

A hili to extend the corporate limits of the city of Carrollton.

A bill to provide for establishment of disputed counry lines.

A bill to amend an Act to increase the membership of !the Railroad Commission.

The last committee of conference on the anti-lobbying bill not having been able to agree, they were discharged,

948

JouRNAL OF TH HOUS,

on motion of Mr. Alexander, and the following new conference committee appointed by the Speaker:
Messrs. Taylor of Sumter, Atkinson and Perry.

The following resolution was read and adopted, to-wit:

By Mr. Parker of Talbot-

A resolution to provfde for the finishing up of the business of the present session of the General A~sembly.
By unanimous consent the following Senate bill was read the second time, to wit:

By Mr. Deen of 51Jh district-
A bill to amend an Act to create a bank bureau in the State Treasury Department.
By unanimous consent the session was extended from 5 to 6 o'clock.
The following resolution was read, to-wit:
By Mr. Alexander-
A resolution instructing Committee on Rules to prepare order of business for first hour of session to-morrow.
The above resolution was tabled, on motion of Mt. Barrett.
The following resolution was read and adopted, to wit:
By Mr. McMahan of Clarke-

Tm:soAY, AuGusT 11, 1908.

949

A resolution to pay the full per diem of Geo. Hauser, doorkeeper of the House, deceased.

On motion of Mr. Jackson of Jones, House bill I95, known as the "Clean. Sheet" bill, which was taken up for concurrence in the Senarte amendment, was tabled.

Senate bill No. IO, known as the automobile bill, was tabled.

By unanimous consent the following bills were takea up and the Senate amendments concurred in, to wit:
By Mr. Wright of Richmond-

A bill to require all candidates to publish a statement of campaign expenses.

The Senate proposed to amend by striking the following words at the epd of section I : "And publish the same in the newspaper in which the sheriff adverti'ses," and. by substituting in lieu thereof the words, "but the said county officers, including city judges and solicitors, elected by the people shall not be required to publish in any newspaper the said expenses"; also, by striking the word "all" in line I of the caption and inserting in lieu thereof the word "certain."

By Messrs. Wright and Allen-

A bill to prohibit contributions by corporations or their officers or agents to campaign funds.

The Senate proposes to. amend as follows, to wit:
By adding after the words "agents thereof," in line 7,

960

JOURNAL OF TH HOUS;

seotion - of said bill, the following words, to wit: "From corporate funds."

By unanimous consent the following Senate resolution was read the third time and adopted, to wit:

By Mr. Martin of 43d district-

A resolution relative to the Confederate cemetery at Resaca.
The following Senate 'bills were read the third time and put upon their passage, to wit:

By Mr. Hardman of 33d district-

A bill to provide for the election of the pension commissioner by the people.

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 98, nays 12.

The bill having received the requisite constitutional majority was passed.

By Mr. Hardman of 33d district-
A resolution indorsing the bill of Hon. Chas. Little:. field to prohibit the transportation of intoxicating liquors under interstate commerce law.

The above bill was tabled, on motion of Mr. Hall of Bibb.
By Mr. Felder of 22d district-

Tu~SDAY, Aucus'l' 11, 1908.

951

A bill to prescribe the duties of telegraph companies in receiving and transmitting messages.
The report of tJhe committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 86, nays 18.
The bill having failed to receive the requisite constitutional majority was lost.
The following resolution was read and referred to the Committee on Rules, to wit:
By Mr. Dunbar of Richmond-
A resolution to make House bill No. 240 a special order.

By Mr. Hardman of 33d district-

A resolution urging Congress to establish a national health bureau.

T1he above resolution was read the third time and adopted-ayes 94, nays o.

On motion of Mr. Dykes of Sumter, the House reconsidered its action in not passing the bill prescribing the duties of telegraph companies ip receiving and transmitting messages.

Mr. Wright of Floyd moved to take the resolution memorializing Congress in regard to interstate traffic in liquor from the table, and on that motion the ayes and nays were called, which were as follows:

952

JOURNAL OF THF: HOUSF:,

Those voting in the affirmative were Messrs.-

Alexander, Anderson of Cobb, Atkinson, Austin, Barksdale, Bond, Bowen, Buchannon, Burkhalter, Callaway, Collum, Cook of Telfair, C'ooke of Thomas, Covington, Couch, Cowan, Crawfcrd. Daniel, Davis, Davison, Dean, Duggan, Dykes, Edmondson, Ellison, Fagan,

Flanders,

Pope of Dade,

Foster,

Price of Bartow,

Frier,

Price of Oconee,

Furr,

Reid of Wilcox,

Gibson,

Rogers,

Godley,

Shaw,

Goode,

Sheffield,

Guyton,

Simmons,

Hamilton,

Strickland,

Hardeman

Stubbs,

Harris,

Sumner,

Holder,

Swilling,

Huie,

Terrell,

Hullender,

Thorne,

Johnson of Jeff Davis, Thurman,

Kendall,

Tracy,

Kendrick,

Tyson,

Mcintyre,

Walker of Milton,

McMahan,

Walker of \Vash'ton,

McMullan,

Ward,.

, McWilliams,

Williams,

Martin,

Wootten,

Moore,

Wright of Floyd,

Mundy,

Wynne,

Orr,

Young,

'!'hose voting in the negative were Messrs.-

Adams of Chatham, Adams of Wilkinson, Allen, Anderson of Bulloch, Arnold, Barrow, Bell, Berry, Blackburn, Butt, Calbeck, Chamlee, Clifton,

Crumbley, D:>n'liFon, Dunbar, Estes, Fowler, Fraser, Geer, Glenn, Hall, Heard, Hill, Hines, Huff,

Johnson of Towns, Jones of Meriwether Keith, Lumsden, .MacFarland, McCarthy, McMichael, Maxwell, Parrish, Perry, Peterson, Pope of Brooks, Powell,

TintsDAY, Aucus-r 11, 1908.

953

Reid of Macon, Reid of Putnam, Rountree, Slade,

Slater, Stephens, Taylor of Sumter, Trent,

Tuggle, Warnell, Watkins, Wright of Ric!lmond,

Those not voting wert; Messrs.-

Adams of Elbert,

Flannigan,

Adkins,

Fullbright,

Ashley,

Haywood,

Atwater,

Howard,

Ballard,

Hubbard,

Barrett,

Jackson,

Boyd,

Johnson of Jasper,

Brown of Carroll, Jones of Mitchell,

Brown of Oglethorpe, Lee,

Burwell,

Lively,

Candler,

Lunsford,

~ann on,

Matthews,

Clark,

Massengale,

Cook of Chat'hoochee, Mays,

Culbreth,

Mercer,

Dickey,

Morris,

Dorminy,

Nix,

Eaves,

Nowell,

Edwards,

Odum,

Parker, Payton, Persons, Russell, Ryals, Smith of Calhotin, Smith of Campbell, Stewart, Taylor of Appling, Tift, Townsend, Walker of Lowndes, White of Madison, \Vhite of Screven, Whitley, Wilson, Wise, Mr. Speaker.

The roll-call was verified and on counting the votes cast it was found that the ayes were 76, nays 51.

The motion to take from the table, therefore, prevailed.

Mr. Blackburn then moved to indefinitely postpone the resolution, and on that motion the previous question was called.

Mr. Barrow of Chatham moved to adjourn, which motion prevailed.

The following was read :

954

JOURNAl, OF TH HOUS,

Mr. Speaker:

I respectfully ask to be excused for absences. I have

attended faithfully to my duties as member and never

been absent when my presence was necessary. I was

absent one day from indisposit~on and two Saturdays,

one of these July 4th, when only local bills were up and

professional business required my presen~e at home. I

recall no other absences, and I respectfully ask to be ex-

cused for any absences as there were none without good

cause.

H. H. PERRY of Hall.

The above request of Mr. Perry was unanimously granted by the House.

Leave of absence was granted Mr. Chamlee of Floyd.

The Speaker then announced the House adjourned until 9 o'clock to-morrow morning.

ATLANTA, GA.,
Wednesday, August 12, 19Q8.
The House met this day at 9 o'clock a.m., pursuant to tlie adjournment ~thereof, called to order by the Speaker, and opened with prayer by the Chaplain.
By unanimous consent the call of the roll and the reading of the Journal was dispensed with.
Mr. Warnell of Tattnall gave notice that at the proper time he would move the reconsideration of Senate bill No. 238.

WEDNESDAY, AucusT 12, 1908.

956

The following message was received from the Senate, through Mr. Nortohen, Secretary thereof:

Mr. Speaker:

The Senate has concurred in the substitute of the House to the following bill of the Senate, to wit:

A 'bill to amend an Act to establish the city court of Moultrie.

The Senate has passed as amended, by the reqmstte oonsti!f:uti'onal majority, the following House bills, to wit:

A bill to provide a method of taking depositions to be used in the trial of civil cases, and for other purposes.
A bill to prohibit any unauthorized person from interfering with running of railrood locomotives, engines o;trains.

The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:

A bill to incorporate the town of Buchanan, in the county of Haralson.

A bill to authorize the trustees of the Confederate Soldiers' Home to sell cert3!in real estate.
A bill to authorize the city of Rome to maintain a hospital.

A hill to amend a special Aot for Henry county provi"ding for clearing streams of obstructions.

956

JouRNAL o:F THJt HousJt,

A bill to authorize the city of West Point to close up Bridge street and convey title to same.
A bill to authorize the city of West Point to grant to A. & W. P. R. R. and the W. of Ala. R. R. tJhe right to use part of Bridge street.

A bill to amend the charter of College Park.

A 'bill to incorporate the town of College Park, in the county of Clayton.
A bill to add Senoia to list of State depositories.

A bill to amend the charter of Winder.

A bill to amend the charter of Norwood.

A bill to add Comer, Madison county, to list of State depositories.

A bill to amend the charter of the town of Jonesboro.

A bill to amend the charter of the town of Pe1ham.
The following ~essage was received from the Senate, through Mr. Northen, secretary thereof:

Mr. Speaker:

The Senate has passed as amended, by the reqmstte constitutional majon:ty, the following r~olution of the House, to wit:

A resolution for the relief of J. W. Turner of Greene
co~nty.-

WEDNESDAY, AuGUS'l' 12, 1908.

967

'flhe following message was received from the Senate, through Mr. Northen, Secretary thereof :
Mr. Speaker:
The Senate 'has. passed by the requisite constitut.ional majority the following bills of the House, to wit:

A bill to amend the Act creating the city court of Douglas.

A bill to ohange the time of holding the superior court of Tift county.
A bill to create a public school system for the town of Lithonia.

A bill :to incorporate the town of Chamblee, m the county of DeKalb.
A bill to authorize the county of DeKalb to issue bonds.

A bill to amend the charter of Junction City, in the county of Talbot.
A btll to amend an Act creating a public school system for Lumber city.
A hill to amend the charter of the city of Valdosta.

'Dhe following resolutions were read and referred to the Committee on Rules, to wit :
By Mr. Dykes-.
A resolution that Senate bill No. 23 be made a special order.

958

JoURNAL OF TH~ Hous~,

By Mr. Hines-

A resolution to make Senate bills Nos. 210 and 228 special order immediately, and that the Committee on Rules be requested to report on same at once.

The instructions were adopted on the a:bove resolution.

The following message was received from the Senate, through Mr. Northen, Secretary thereof:
Mr. Speaker:

The Senate thas passed by the requisite constitutional majority the following House bills, to wit:

A bill to amend an Act establishing the city court of Blakely.
A bill to amend the Act to create the office of commissioner of roads and revenues for the county of Greene.
A bill to authorize the mayor and aldermen of Calhoutt to sell a pmi of the John P. King park.

A bill to change number of county commissioners of Newton county.

A bill to regulate running of log carts, traction engines, etc., on public roads and bridges of Brooks county.

A bill to remove obstructions other than dams from rivers and creeks of Rockdale county.

A bill to abolish the Dawson Water and Light Com mtsston.

WEDNESDAY, AuGuST 12, 1908.

959

A bill ro amend the charter of Bowersville.

A btU to add Fayetteville to list of State depositories.

The following resolutions were read and adopted by a unanimous rising vote, to wit :

By Messrs. Price and Bartow-

WmtREAS, God in his omnipotent wisdom has taken tc
rest the Honorable vV. J. Neel of the county of Bartow;
and
WHEREAS, the Honorable W. J. Neel was respected,
honored and loved by the members of this House; be it, therefore,

Resolved, That in the death of Mr. Neel this House lost a valuable member and the State a worthy son.
Be it resolved further, Tohat this House express its sin-
cere sympathies to members of the family, and that these resolutions be spread upon the permanent records of this House, and that the Clerk be requested to furnish copy to the family of our deceased brother.

By Messrs. Nowell and Arnold-

WHEREAS, since the last session of this House it has pleased the Ruler of the Universe to call from labor to refreshment our most worthy brother, the Hon. N. L. Galloway, a Representative from the county of Walton, and whilst we bow in humble submission to the decree of Divine Providence and greatly miss our brother and deeply regret h~s death, and will miss his counsel and advice, yet we are taught to believe and do believe that by correct

960

JouRNAL OF THlt Hous~t,

lives the members will assemble again, that the gavel will fall, the House be called to order and each member will be assigned his proper place.

In the death of our esteemed brother the State has lost. one of her most able and faitJhful servants, his county one of its foremost citizens. In all the. relattons of life our brother was at all times an honorable, upright, Christ.ian gentleman. Therefore, be it

Resolved, That we deeply sympathize with his loved ones, and to tender to them our sincere sympathy, and that the Clerk of this House be authorized to furnish a copy of these resolutions to the family of our deceased brother.

By Mr. Wynne-
Be it resolved by the House of Representatives of Georgia, That in the dea:th of the Hon. S. A. Way, member of the House from. Pulaski, the House has lost one of
its most useful members and the State of Georgia one of its most 4evoted sons.
Be it further resolved, That the sympathies of this
House be tendered the relatives of the deceased and the Clerk of the House be directed to forwarc;I a copy of these resolutions to the bereaved family.
Be it further resolved, That these resolutions be spread
on the Joumal of the House.

By Messrs: Matthews and Clark-
WH:E:RAS, on January 28, ICJ08, the Hon. George W. Williams, a member of this House, peacefully breathed

Wru>NESDAY~ AucusT 12, 1908.

961

his last. It is useless to say that the entire county of Laurens and the State of Georgia were sadly grieved at the death of Mr. Williams. Colonel Williams was born and reared in Bulloch county, Georgia, and moved to
Dublin, Ga., about ten years ago. He immediately be-
came the leading attorney at the Dublin 'bar, the leading man in his church and education. The last four years of his life was spent as a member of this House, having been elected without opposition. Many members of this House can testify as to his lofty ability and popularity, but the Grim Reaper saw fit to call him hence, and he died before serving this second term out.
Resolved~ first~ That the House has lost a valiant and faithiul.member and the county of Laurens and State of Georgia an able statesman.
Second, That these resolutions be inscribed on the minutes of the House and a copy be sent to his wi"fe and family.

By Messrs. Barrett and Holder-
WHEREAS~ Hon. R. E. Cannon, late Representative
from Rabun county, born May 23, 1848, lived all his life in Rabun and died in April, 19o8. He held a number of offices of trust and honor, "having served his county as clerk of the superior court for four years, and six years in the lower House of the General Assembly. Those who knew him hest loved him best. His death is a distinct loss to his county and the State; therefore be it .
Resolved~ first. That the sympathies of the House of Representatives are tendered the bereaved family of the deceased.
e1 hj

962

JOURNAL OF THE HOUSE~

Second~ That a copy of these l.'esolution be recorded in the Journal of the House and a copy sent to his family.

The following bills of the House were taken up and Senate amendments concurred in, to wit :

By Messrs. Hamilton and Wright-

A bill to provide a method of taking depositions to be used in the trial of civil cases without commission.

The Senate proposes to amend as follows, to wit:

By adding immediately after the words, "Section I," preceding the first section of said bill, the following words, to wit: "Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That."

By Mr. Wright of Richmond-

A bill to prohibit any unauthoriz.ed person from interfering with the running or movement of railroad locomotives, engines or trains, and for other purposes.

The Senate proposed to amend as follows, to wit:

To amend section I oy adding at the end thereof the following proviso: "Provided further, That the provisions of this Act shall not apply to any person who shall do any of the things herein prohibited because of any rea~onable necessity."

Mr. Davison, acting chairman of the Committee on Counties and County Matters, submitted the following report:

WEDNESDAY, .Al:GUST 12, l90K

!:163

Mr. Speaker:

Your Committee on Coui1ties and County Matters returns House bill 1083 without recommendation.

R. E. DAVISON, Acting Chairman.

Under the head of unfinished business the following re?olution was taken up, to wit:

By :Mr. Hardman ~f 33d district-
A resolution memorializing Congress in regard to the Littlefield bill relative to the interstate traffic of liquor, etc.

On yesterday Mr. Blackburn moved that the above resolution be indefinitely postponed, and on that motion ,Mr. Wright of Floyd called the ayes and nays, which call was sustained and on taking the ballot v1va voce the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams of Chatham, Chamlee,

Adams of Elbert,

Clifton,

Allen,

Crumbley,

Anderson of Bulloch, Davis,

Arnold,

Donalson,

Barksdale,

Dunbar,

Barrow,

Eaves,

Bell,

Estes,

Berry,

Glenn,

Blackburn,

Hall,

Boyd,

Heard,

Brown of Oglethorpe. Hill,

Buchannon,

Hines,

Butt,

Huff,

Calbeck,

Johnson of Jasper,

Callaway,

Johnson of Towns,

Jones of Meriwether Keith, Lumsden, Matthews, MacFarland, McCarthy, McMichael, Maxwell, Moore, Nowell, Parrish, Perry, Peterson, Pope of Brooks, Powell, .Price of Oconee,

964

JOURNAL OF TB HoUS.

Reid of Macon, Reid of Putnam, Ryals, Slade, Slater, Stephens,

Stewart, Sumner, Taylor of Sumter, Townsend, Trent,

Tuggle, Warnell, Watkins, Wilson, Wright of Richmond,

Those voting in the negative were Messrs.-

Adams of Wilkinson, Adkins, Alexander, Anderson of Cobb, Atkinson, Austin, Bowen, Brown of Carroll, Burkhalter, Collum, Cook of Telfair, Cooke of Thomas, Covington, Couch, Cowan, Crawford, Daniel, Davison, Dean, Dickey, Duggan, Dykes, Edmondson, Fagan. Flanders, Flannigan, Foster, Frier,

Fullbright,

Payton,

Furr,

Pope of Dade,

Gibson,

Price of Bartow,

Godley,

Reid of Wilcox,

Goode,

Rogers,

Guyton,

Shaw,

Hamilton,

Sheffield,

Hardeman,

Simmons,

Harris,

Smith of Campbell,

Haywood,

Strickland,

Holder,

Stubbs,

Huie,

Swilling,

Hullender,

Thorne,

Jackson,

Thurman,,

Johnson of Jeff Davis, Tracy,

Jones of MitchelL Tyson,

Kendall,

Walker of Milton,

Kendrick,

Walker of Wash'ton,

Lunsford,

Ward,

Mcintyre,

White of Madison,

McMahan,

White of Screven,

McMullan,

Wiliiams,

McWilliams,

Wise,

Martin,

Wootten,

Massengale,

Wright of Floyd,

Mundy,

Wynne,

Orr,

Young,

Those not votin~ were Messrs.-

Ashley, Atwater, Ballard, Barrett,

Bond, Burwell, Candler, Cannon,

Clark, Cook of Chat'hoochee, Culbreth, Dorminy,

Wm>NESDAY, AUGUST 12, 1908.

965

Edwards, Ellison, Fowler, Fraser, Geer, Howard, Hubbard, Lee, Lively,

Mays, Mercer, Morris, Nix, Odum, Parker, Persons, Rountree,

Russell, Smith of Calhoun, Taylor of Appling, Terrell, Tift, Walker of Lowndes, Whitley, Mr. Speaker.

lly t;nanimous consent the verification of the roll call wc..:o dJ&pet_lsed with.

On the motion to indefinitely postpone the .ayes were 64, nays 82.

The motion was therefore lost.

On motion of Mr. Wright of Floyd, the resoluti.'ll was placed at the heel of the calendar.

ATLANTA, GA., August 12, 1go8.
The following message was received from his Excellency the Governor, through his secretary, Mr. Carter:
Mr. Speaker:
I am directed by his Excellency the Governor, to deliver to the House of Representatives a communication in writing.
STATE 'OF GEORGIA, ExECUTIVE PEPARTMENT,
ATLANTA, August 12, 1go8.
To the Senate and House of Representatives: Permit me once more to suggest the importance

966

JouRNAL oF 'tHE HousE,

of usit~g the last hours of the regular session to dose up those matters of legislation now pending before your bodies other than the convict question.

lt must be apparent from the number of new suggestions that are const~mtly being made as to the manner in which this subject is to be handled that no satisfactory conclusion has been reached upon it.

You have had a committee engaged in the .investt'gation of the penitentiary system for several weeks. Thi::; committe~ has not yet finished its work. It is utterly impossible for this committee to present to you a full and complete report to-day.

You, therefore, can not have before you to-day that information which has been prepared under your own instructions that should aid in determining what disposition should be made of this subject, and there are many reasons why the work of the committee should be completed.

It is too important to the people of Georgia, it involves too greatly the future of thi's State for us to hesitate about spending a few thousand dollars more to handle it in the most intelligent and best manner possible.

I, therefore, again urge that you give the balance of your time to the other matters pending before you, leaving the convict question to be considered at an extra session which I am ready to call to meet within a week or ten days.
HoKE SMITH, Governor.

The foHowing message was received from the Senate, through Mr. Northen, Secretary thereof:

VVEDNESDAY, AUGUS'l' 12, 1908.

U67

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following resolutions of the House, to wit:
A resolution to pay pension to Mrs. S. F. Crain for year 1907.
A resolution to pay pension to widow of Frank Johnson.
A resolution to pay pension of John M. Surrency to his widow, Mrs. Elizabeth Surrency.

A resolution to P.ay unpaid pension to Mrs. Louisa L. Hodge.

A resolution to pay pension of Peter Currens, deceased, to his widow, Sarah Currens, for year 1906.

A resolution to put name of Mrs. Lucy Lockhart of Wilkinson county on pension roll for 19o6.

A resolution to pay pension of Mrs. McDougald of Gordon county for year 1908.

A resolution to authorize payment of pension of Thos. H. Greer to his widow, Mary Ann Greer.

The following resolution was read and adopted, to wit:

By Mr. Trent-

A resolution that the Auditing Committee pay doorkeeper per diem for mileage.

By Mr. Barrow-

968

JOURNAL OF THE HOUSE,

A resolution to make Senate bill 196 a special order to immediately follow Senate bill 37, and that the Rules Committee be requested to report same at once.
I.-
Instructions in above resolution was adopted and the resolution referred to tlhe Committee on Rules.

The following message was received from the Senate, through Mr. Nocthen, Secretary thereof:
Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following House bill, to wit:

A biH to appropriate $30,000 to the Uniersity of Georgia.
, The Senate has passed as amended by the requisite constitutional majority the following House bill, to wit:
A bill to appropriate $25,000 for the year 1908 and $50,000 for tlhe year 1909 to the University of Georgi~ for the State College of Agriculture.

Mr.. Candler, chairman pro tern. of the Committee on Rules, submitted the following report :
Mr. Speaker:

The Committee on Rules having had under consideration House resolution No. 347, to fix Senate bills Nos. 210 and 228 as immediate special continuing orders, report the same favorably in accordance with the instructions of the House.
The committee further favorably reports House reso-

WEDN5DAY~ AUGUST 12, 1908.

969

lotion No. 346 to make Senate bill No. 240 a spetial order as instructed by the House, and that the previous question thereon be considered ordered after ten minale$' debate.

Respectfully submitted, C. M. CANDLER~ Chairman Pro Tern.

The following resolutions farorably reported by the Committee on Rules, were adopted, to wit:

By Mr Hines-
A resolution to make Snate hills Nos. 210 and 228 special orders.
By Mr. Dunbar-

A resolution to make Senate bill No. 240 a special order.

The following amendment by Mr. Hardeman was adopted to the above resolution, to wit :

.Ame!nd by stnking the word "twenty" and inserting in lieu thereof the word "ten" in next to last line.

The following bill of the Senate was taken up as a special order, read the third :time and put upon its passage; to wit:

By Mr. Martin of 43d district-

A bill to amend :the registration laws of Georgi'a, and for other purposes.

970

JOURNAL OF TH HOUS,

The following minority report was :;;ubmitted on the above bill:
Mr. Speaker:

\Ve respectfully dissent from the report of the majority of the General Judiciary Committee, which is favorable to the passage of Senate bill No. 210. Vve recommend sai'd bill do not pass.
J AS. H. HALL,
'vV. F. SLATON.

Mr. Barksdale moved the previ'ous question on the bill, which motion prevailed.

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

Upon the passage of the bill Mr. Hall called 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 of Chatham, Adams of Elbert, Adams of Wilkinson. Adkins, Alexander, Allen, Anderson of Cobb, Atkinson, Austin, Ballard, Barksdale, Barrow, Bond, Bowen, Buchannon,

Burkhalter, Burwell, Calbeck, Callaway, Candler, Cook of Telfair, Cooke of Thomas, Covington, Couch, Cowan, Crawford. Culbreth, Daniel, Davis, Dean,

Dickey, Duggan, Dykes, Ellison, Este!, Fagan, Flannigan, Flanders, Foster, Frier, Furr, Gibson, Glenn, Godley, Goode,

\VEDNESDAY, AUGUST 12, 1908.

971

Guyton,

Mays,

Hamilton,

Moore,

Hardeman,

Mundy,

Harris,

Orr,

Haywood,

Parker,

Hines,

Perry,

Holder,

Peterson,

Huie,

Pope of Brooks,

Jackson,

Powell,

Johnson of Jeff Davis, Price of Bartow,

Johnson of Towns, Price of Oconee,

Jones of Mitchell, Reid of Putnam,

Kendall,

Reid of Wilcox,

Kendrick,

Rogers,

Lunsford,

Russell,

MacFarland,

Ryals,

Mcintyre,

Shaw,

McMahan,

Sheffield,

McMichael,

Slade,

McMullan,

Smith of Campbell,

McWilliams,

Stewart,

Martin,

Strickland,

Massengale,

Stubbs,

Swilling, Taylor of Sumter, Townsend, Tracy, Tuggle, Tyson, Walker of Milton, Walker of Wash'ton, Ward, Warnell, Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmon<!, Wynne, Young,

Those voting in the negative were Messrs.-

Anderson of Bulloch, Donalson,

Arnold,

Dunbar,

Bell,

-Eaves,

Berry,

Edmondson,

Blackburn,

Fullbright,

Brown of Carroll, Hall,

Brown of Oglethorpe. Heard,

Butt,

Hill,

Chamlee,

Huff,

Collum,

Jones of Meriwether.

Crumbley,

Lumaden,

McCarthy, Nix, Nowell, Parrish, Pope of Dade, Simmons, Slater, Stephens, Sumner, Thorne, Tift,

Those not voting were Messrs._:_

Ashley, Atwater, Barrett, Boyd,

Cannon,

Davison,

Clark,

Dorminy,

Clifton,

Edwards,

Cook of Chat'hoochee, Fowler,

912

JOURNAL OF TH: HoUS:,

Fraser, Geer, Howard, Hubbard, Hullender, Johnson of Jasper, Keith,
Lee, .
Lively,

Matthews, Maxwell, Mercer, Morris, Odum, Payton, Persons, Reid of Macon,

Rountree, Smith of Calhoun, Taylor of Appling, Terrell, Thurman, Trent, Walker of Lowndes, Mr. Speaker.

By unanimous consent the verification of the roll call was dispensed with.

On the passage of the bill the ayes were 115, nays 33
The bill having received the requisite constitutional majority was passed.

Leave of absence was granted the following members : Messrs. Fagan and Eaves.
The time for adjournment having arrived, the Speaker declared the House adjourned until 3 o'clock this afternoon.

3 O'clock P.M.
The House convened at this hour and was called to ordr by the Speaker.
By unanimous consent the call of the roll was dispensed with.
The following message was received from the Senate, through Mr. Norlhen, Secretary thereof:

WEDNESDAY, AUGUST 12, 1908.

973

Mr. Speaker:
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the Hotise, to wit:
A bill to amend an Act to make appropriations for the ordinary expenses of the executive, legislative and judicial departments of the State government, and for other purposes.
The Senate has concurred in the following resolution of the House, to wit :
A resolution providing for the finishing up of the business of the General Assembly.
Mr. Blackburn, chairman of the Committee on Special J udici'ary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Senate bills and as its chair. man I am requested to report the same hack with recom. mendation as follows :
Senate bill !NO. 235, entitled an Act to repeal an Act incorporating the town of Edgewood, in the county of DeKalb, do pass as amended.
Senate bi'll 234, enti:tled an Act to repeal an Act incorporating the town of Battle Hill, do pass as amende(l.
Senate bill No. 233, entitled an Act to amend the char ter of the city of Atlanta, do pass as amended.
All of which is respectfully submitted.
BLACKBURN, Chairman.

974

JOURNAL OF THE HoUSE,

Mr. Donalson, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:

Your Committee on Counties and County Matters has
had under consideration the followi'ng House bills anrl
resolutions and as chairman I am instructed ro report the
same back to the House without recommendation:

House resolution 66 House bills Nos. 420, 421, 473, 491, 501, 514, 915, 531, 765, 938, 987, 1018 and 1098.
Respectfully submitted.

ERLE M. DoNALSON, Chairman.

The following report was submitted by the Committ~ on Rules:

Mr. Speaker:

Your Committee on Rules have had under consideration House resolution 354 as amended by the House anrl instruct me to report the same back that the resoluti'on as amended be adopted as directed by the House.

Mr. Parker, chairman of the Enrollment Committe~, submitted the following report:

Mr. Speaker:

Your Committee on Enrollment have examined at;J report as properly enrolled, duly signed and ready for delivery to the Governor, the following Acts, to wit:

'WEDNESDAY, AUGUST 12, 1908.

975

An Act to amend an Act creating a board of commissioners of roads and revenues in Glynn county.

An Act to amend section 982, volume 1, of the Code of 1985.
An Act to incorporate the Waco school di"strict, m Haralson county.

An Act to change the time of holding the terms of Troup superior court.

An Act to amend an Act establishing the city court of Waynesboro.

An A~ to.incorporate the town of East Lake, in DeKalb county.

An Act to amend sections 4 and 39, respectively, of an Ac't estabiishing the city court of Oglethorpe.

The following message was received from the Senate, through Mr. Northen, Secretary thereof:

Mr. Speaker:

The Senate has passed, by the requisite consti'tutional majority, the following House bill, t_o wit:
A bill to make it a misdemeanor to charge a greater rate of interest than five per cent. per month.

A bill to authorize corporations and individuals to construct and maintain dams across non-navi'gable streams.
The follo\vi'ng resolution, which was favorably reported

976

JoURNAL OF THE HOUSE,

by the Committee on Rules, was read and adopted as amended, to wit:

By Mr. Barrow-

A resolution to fix Senate bill No. 19(5 as a speci~ order.

The committee proposed to amend by having Senate bill No. 196 the special order to follow Senate bill No.
37
The undersigned members of the Corrimittee on Education submitted -the following minority report on Senate bill No. 240:

We, the undersigned members of the Committee 011 Education, beg leave to submit this, a minority report, on Senate bill No. 240, and urge the House to pass same.
That it is manifestly wrong ro change the books of the
common schools of Georgia when the same have i11 nearly every case been only in use from two to two and on~half years, and to continue the present contract would mean a very large saving to the poor people of the State.

Respectfully submitted.

I. F. MuNDY, S. C. McWILLIAMS,
CLAUDE PAYTON,
G. P. LuNSFORD,
J.D. PRICE,
]NO. N. HOLDER,
A. E. BOND, E. E. CooK, A. T. JoNES,

'WEDNESDAY, AUGUST 12, 1908.

977

J. F. JoHNSON,
J. A. McMur.LAN,
R. M. MOONEY,
PAUL BROWN,
G. M. HUIE,
w. I. MAciNTYRE,
B. F. HILL,
w. D. SHEFFIELD,
J. J. E. ANDERSON,
WILLIAM BuT'!',
R. M. YouNG, L. A. \VHITE, F. D. BALLARD,
D. J. CLARK,
L. H. 0. MARTIN,
S. J. 'l'YSON,
W. S. HuFF,
\'ll. C. PowELL, T. A. ADKINS,
SMITH J. CAMPBELL,
MATT. CooK,
DAVID C. BARROW.

The following message was received from the Senat~, through Mr. .:N'orthen, Secretary thereof:

Mr. Speaker:

The Senate has passed, by the requisite constitutional majority, the following bills of the House, to wit:

A bill to appropriate $7,671.76 to the Georgia Normal and Industrial College.

52 h j

97M

JOURNAl, OF THlt HOUSlt,

A hill to appropriate $15,000 for year 1908 and $30,000 for 1909 to support: Georgia State Sanitarium.

The Senate dlas passed, by the requi'site constitutional majority, the following House resolution, to wit:

A resolution to appropriaJte $5,000 to improve the Confederate cemetery at Marietta~

The undersigned members of the Committee on Counties and County Matters submitted the following minority report:

Minority report on House reolution 263, before .Committee on Counties and County Matters:

For reasons set forth in Hoose resolution !No. 263, we herewith fiile a minority report to the report of the committee, which \v-a:; adverse to the passage of this resolution.
\VII.LIAM BuTT,
J. W. 0VERSTRltltT,
}NO. R. KENDRICK.

The following bill was read the third time, to wit:

By Mr. Henderson of 39th district-

A bill to extend the present school book contract until January 1, 1911, and for other purposes.

The report of the commi'ttee, which was unfavorable to the passage of the bill, was disagreed to on motion of Mr. Dunbar of Richmond.

On the passage of the bill the ayes were 106, nays 31.

W:EDN:ESDAY, Aucus't 12, 1908.

979

The bill having received the requisite constitutional ma5ority was passed.

By Mr. Martin of 43d district-

A bill to provi'de for additional regulations for primary elections, etc.

The following amendments were adopted :

By Mr. Wise-

To amend section I by adding at the end thereof the
following: "Provided further, that this section shall not have the effect to require a primary for judges and solicitors except in their respective ci'rcuits or for members of the General Assembly except <in their respective counties or for solicitors except in their counties as authorities of said party may autthorize or dfrect.
Ry Mr. Perry-
To amend 'by inserting the word "day," in tenth line of section I ; also,

To amend section 4 by inserting after the words "or filed by them in the office of the clerk of the superior C'<'llrt of the county in which the primary election ;~
held," after. word "registration," in .line .seven.
The report of the committee, whioh was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill the ayes and nays were ordered, which was as follows:

980

JouRNAL oF TH~ HousE,

Those voting in the affirmative were Messrs.-

Adams of Chatham, Flanders,

Adams of Elbert,

Flannigan,

Adkins,

Foster_,

Alexander,

Fraser,

Allen,

Fullbright,

Anderson of Bulloch, Furr,

Anderson of Cobb, Gibson,

Atkinson,

Glenn,

Austin,

Guyton,

Ballard,

Hamilton,

Barksdale,

Hardeman,

Barrow,

Harris,

Bell.

Heard,

Blackburn,

Hill,

Boyd,

Hines,

Brown of Carroll, Holder,

Brown of Oglethorpe, Huie,

Buchannon,

Hullender,

Burkhalter,

Jackson,

Burwell,

Johnson of Towns,

Butt,

Jones of Meriwether,

Callaway,

Keith,

Cannon,

Kendall,

Clark,

Kendrick,

Clifton,

MacFarland,

Collum,

Mcintyre,

Cook of Telfair,

McMahan,

Cooke of Thomas, McMullan,

Covington,

McWilliams,

Couch,

Massengale,

Cowan,

Mays,

Crawford,

Moore,

Daniel,

Mundy,

Davison,

Nix,

Dean,

Orr,

Donalson.

Parker,

Dykes,

Parrish,

Estes,

Payton,

Perry, Peterson, Powell, Price of Bartow, Price of Oconee, Reid of Putnam, Ryals, Shaw, Sheffield, Simmons, Slade, Smith of Campbell, Stephens, Strickland, Stubbs, Sumner, Swilling, Taylor of Sumter, Terrell, Thome, Thurman, Tift, Tracy, Trent, Tuggle, Tyson, Walker of Milton, Walker of Wash'ton, Watkins, White of Screven, Whitley, Wilson, Wise, Wootten, Wright of Floyd, Wright of Richmond, Wynne, Young,

Those voting in the negative were Messrs.-

'Arnolcl, Berry, .

Hall, Lumsden,

Pope of Dade,

WJtDNESDAY, AuGusT 12, 1908.

981

Those not voting were Messrs.-

Adams of Wilkinson, Fowler,

Morris,

Ashley,

Frier,

Nowell,

Atwater,

Geer,

Odum,

Barrett,

Godley,

Persons,

Bond,

Goode,

Pope of Brooks,

Bowen,

Haywood,

Reid of Macon,

Calbeck,

Howard,

Reid of Wilcox,

Candler,

Hubbard,

Rogers,

Chamlee,

Huff,

Rountree,

Cook of Chat'hoochee, Johnson of Jasper, Russell,

Crumbley,

Johnson of Jeff Davis, Slater,

Culbreth,

Jones of Mitchell, Smith of Calhoun,

Davis,

Lee,

Stewart,

Dickey,

Lively,

Taylor of Appling,

Dorminy,

Lunsford,

Townsend,

Dunbar,

Matthews,

Walker of Lowndes,

Dugan,

McCarthy,

Ward,

Eaves,

McMichael,

Warnell,

Edmondson,

Martin,

White of Madison,

Edwards,

Maxwell,

Williams,

Ellison,

Mercer,

Mr. Speaker.

Fagan,

By unanimous consent, the verification of the roll call was dispensed with.
S On the passage of the bill the ayes were 1 14, nays
The bill having received the requisite constitutional majority was passed as amended.
Mr. Wright of Floyd gave notice that at the proper time he would move to reconsider the action of the House in passing the "school book bi11."
Mr. Parker, chairman of the Enrollment Committee, submitted 1lhe following report:

982

}OURNAI. OF TH HOUSE,

Mr. Speaker:

The Committee on Enrollment have examined and report as properly enrolled, duly signed and ready for delivery to the Governor, the following Act:

An Act to authorize corporations and individuals t{J construct and maintain dams across non-navigable streams.
By unanimous consent the following bills were read the third time and put upon their passage, to wit :

By Mr. Bush of 8th district-

A biJ! to amend an Act to inc~rporate the city of Colquitt.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill ~he ayes were 120, nays o.
The resolution having received the requisite constitutional majority was passed.

By Mr. Dobbs of 35th district-

A bill to amend an Act to create a new charter for the city of Atlanta.

The following amendment was adopted :

By Mr. Alexander-

To amend by striking tlhe proviso at end of section I, and i'nsert the following: "Provid\!d, that so much of

WEDNESDAY, AuGusT 12, 1908.

983

the territory of the town of Edgewood as lies south and southeast of the north and northwest boundary of the right of way of the Georgia Railroad & Electric Company, known as the South Decatur line, shall not be included within the city of Atlanta as prov~ded by the foregoing provisions but shall be and is hereby e.xcluded . therefrom.
~The report of the committee, whi.'ch was favorable to
the passage of the bill as amended, was agreed to.

On the passage of the bill the ayes were 120, nays o.

The bill having received the requisite constitutional majority was passed as amended.
By Mr. Hawes of 30th district-
A bill to incorporate the city of Union Ci.'ty.

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 120, nays o.
'Dhe bill having received the requisite constitutional majority was. passed.
Mr. Shaw moved that House hill 195 be taken from the table and placed on the calendar, which motion was lost.
By Mr. Dobbs of 35th district-
A bill to repeal an Aot to incorporate the town of . Battle Hill.

984

jOtJilNAt. OF THE HOUSE,

The committee proposed to amend by inserting a new section after section I, to wit:

"Sec. I a. Tthalt 'thi's Act shall not become effective hor the repeal provided in section 1 of this Act enforced until January I, I9IO, at which time the limits of the city of Atlanta are to be extended so as to include the terr,itory heretofore incorporated as the town of Battle Hill.

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

On the passage of the bill the ayes were I20, nays o.

The bill having received 1lhe requisite constitutional majority was passed as amended.

By Mr. Dobbs of 35th district-

A hill to repeal an Act to incorporate the town of Edgewood.
The committee proposed to .amend by incorporating a new section after section I, as follows :

"Sec. I a. That this Act shall not become effective nor the repeal provided in section I of this Act enforced until January I, 1909, at which time the limits of the city of Atlanta are to be extended so as to include the terri'tory heretofore incorporated as the town of Edgewood, except a small portion incorporated into the . town of Kirkwood."
The report of the conunittee, which was favoi'able to
the passage of the hill as amended, was agreed t~. .:

WF:DNF:SDAY, AuGuS1' 12, 1908.

985

On the passage of the bill the ayes '~ere 120, nays o.

The bill having recei.ved the requisite constitutional majority was passed as amended.

The undersigned members .of the conference commit-
tee submitted the following report of amendment to House bill No. I :

Mr. Speaker:

The committee appointed by the House to confer with a committee from the Senate as to amendments by the Senate to House bill No. I, known as the Lobbying biU, beg to report that we met the committee from the Senate and proposed to join in a report recommending that House agree to all amendments by Senate except one, and as to that the House agree to a modification of it, which preserves its spirit.

But tlhe committee from the Senate refused to agree to any thing,

Respectfully,

JAMF:S TAYLOR,
P. M. ATKINSON, H. H. PERRY,
Committee.

~ve of absence was granted Mr. Fagan.

On motion of Mr. Blackburn, the House adjourned until 8 o'clock tonight.

986

}OURNAL OF TH HOUS,

3 O'clock P.M.
The House reconvened at thi's hour ahd was called to . order hy the Speaker.

By unanimous consent the call of the roll was dispensed with.
The following message was received from the Senate, through Mr. Northen, Secretary thereof:
Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following House bills, to wit:
A bill to incorporate the town of Leon, in Dodge county.

A bill to establish the city court of Danielsville, in the county of Madison.

A bill to repeal an Act to incorporate tlhe town of Bushnell.

A bill to authorize municipal authorities to provide for its municipal prisons.
A bill to amend an Act to ~reate a board of commissioners of roads and revenues for the county of Laurens.

A bill to amend an Act to create a board of commis.sioners of roads and revenues for the county of Baldwin.

A bill to amend an Act creating the city court of Floyd county.

WEDNESDAY, AUGUST 12, 1908.

987

A bill to incorporate the town of Dixie, in the county of Brooks.

A bill to abolish the city court of Madison county.

A bill to amend an Act to create a board of commissioners of roads and revenues for the county of Telfair.

A biil to incorporate the town of Danielsville, in the county of Madison.

A bill to appropriate $7,000 to the State Normal

School at Athens.



The following message was received from the Senate, through Mr. Northen, Secretary thereof :

M-r. Speaker:
The Senate has passed, by the requisite constitutional majority, the following House resolutions, to wit:
A resolution to pay Mrs. L. H. Ledsinger for copying .pension rolls in the pension office.

A resolution to pay pension to Mrs. Nancy M. Collier, of Harris county, for the year 1908.

The Senate has concurred in the amendment of the House to the following Senate ~ill, to wit :
A lbiU to provide additional regulations for primary elections in this State.
The following message was received from the Senate, through Mr. Northen, Sroretary thereof :

988

JoURNAL 0~ THE HOUSE,-

Mr. Speaker:
The Senate has passed, by the requisite constitutional majority, the following resolution of the House, to wit:
A resolution authorizing payment of pensipn due Mrs. Queen Shiver of .Mitchell county for year Igc>6.
The Senate has passed, as amended, the following biJl of the House, to wit:

A bill to amend the charter of Kirkwood, in the county of DeKalb.

The following bills were taken up for the purpose of agreeing to the Senate amendments, to wit:
By Messrs. Martin, McMullan and Candler-

A bill to appropriate $25,000 for 19o8, and $50,000 for 1909, for support of Agricultural College at Athens.

The Senate proposed to amend by adding to section 1 the following: "And that ($5,000) five thousand dollars be appropriated for the branch experiment station, located at Waycross, Ga., for each of the fiscal years of 1go8 and 1909, to be used as the directors of the experiment start:ion may see fit"; also to amend by adding to section I the following: "And that $5,000 be a~ priated to the Georgia Experiment Station, located at
Griffin, Ga., to Qe used for the purpose of erectingcertaia
buildings on said station." The said amount to be made available for the year 1909."

The House refused to concur m the above amendments.

W:EDNESDAY, AUGUST 12, 1908.

989

On motion of Mr. Wise of Fayette Senate bill No. 240 was ordered immediately transmitted to the Senate.

By Messrs. Candler, Atkinson, et al.-
A bill to amend an Act to make appropriation for or- dinary expenses of the State government.
The Senate proposed to amend by adding the following: "Sec. 3 : That the following amounts be appropriated to the persons, and for the purposes herein set out.

1. To pay the secretary of the Senate and clerk of the House of Representatives for preparing and mailing to the members of the Senate and of the House of Representaltives the pamphletS showing the status of the unfinished business of the session of 1907, the sum of $50 to the Secretary of the Senate, and $75 to the Clerk of 'the House of Representatives, these amounts to be paid on . the warrant of the Governor on the Treasury of this State.

2. To pay for lithia water furnished under resolution of the Senate to the Senate during the session of 19<)8, the sum of $33.75, to be paid to Hon. Philip Cook, Secn:tary of State,' upon the warrant of the Governor on the Treasury of this State.

3 The sum of $200, or so much thereof as may be necessary to pay for the additional assistant doorkeeper -for the Senate for the session of 19<)8, as provided b,y resolution of the Senate, to be paid as other doorkeepers are paid.
The above amendments were concurred in.

990

JouRNAL oF THJt HousE,

By Messrs. Alexander and Candler-

A bill to amend the charter of Kirkwood, in DeKalh county, and for other purposes..

The Senate proposes to amend as follows, which was adopted, to wit :

To amend by striking from section I the words: "On
the right of way of the Georgia Railway and Electric Company on the south side of said company's right of way, where the westem limits of said town intersect said .right of way near the bridge on said right of way, and extending along said right of way," and substituting in
place thereof the words : "On the north side of the
right of way of the Georgia Railway and Electric Company, where the western limits of said town intersect said right of way near the bridge on said right of way. and extending along the same side of said right of way!

To amend by inserting the words, "north and southwest line of the" between the words, "south imd southeast of the," and the words, "right of way of the Georgia Railway and Tlectric Company," where the same occur i'n the caption.

The following message was received from the Senate, through Mr. N or:then, Secretary thereof :
Mr. Speaker:

The Senate has passed, as amended, by the requisite constitutional majority, the following House bill:

A bill to establish a system of public schools for the city of Sylvania, in the county of Screven.

WEDNESDAY, AUGUST 12, 1908.

991

The following message was received from the Senate, through 1v!r. Northen, Secretary thereof :
Mr. Speaker:
The Senate has concurred in the amendments of fue House to the following Senate bills, to wit :
A bill to amend the charter of the city of Atlanta.
A bill to repeal an Act to incorporate the town of Battle Hill, in the county of Fulton.

A bill to repeal an Act to incorporate the town of Edgewood, in the county of DeKalb.
The following message was received from the Senate, through Mr. Northen, Secretary thereof :
Mr. Speaker:

The Senate has concurred in, as amended, the follow ing resolutions of the House, to wit:
A resolution providing for meetings of the joint com mittee on investigall:ion of tlhe Prison Commission.

A resolution to pay the expenses of the speciatl joint committee of Senate and House to investigate certain charges against administration of Prison Department.

By unanimous consent the following Senate bills were read the third time and put Upotll their passage, to wit :
By 1\fr. Wilkes of 7th district-
A bill to amend section 492 of the Penal Code of 1895

992

JouRNAL OF TH~ HOUSE,

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 I II, nays 2.

The bill having ~eceived the requisite constitutional majority was passed.
By Mr. Felts of 19th district-

A bill to amend section 4732 of the Code relative to garnishment laws.

On motion of Mr. Sheffield the abpve bill was tabled.
By Mr. Stephens of Ist district-

A bill to provide for the organization, etc., of the volunteer military companies of the State to be known as "Georgia Volunteers."

The following amendments were offered, to wit:
By Mr. Barrow-
To amend section 2 by inserting after the word "bodied," and before the word "male" the word "white;" also,

To amend section 4 by striking from the end taereof the words1 "but shall in no event be subject to be orqered into the service of the United States." Also

To amend section 5 by striking from the end of said section the words, "and such volunteer organizati<lns shall share proportionart:ely with the. National Guard of Georgia any monies appropriated by this State for the

WEDNESDAY, AUGUST 12, 19Q8.

t93

benefit o the organized militia," and by inserting in lieu thereof the following words: "The Governor is authorized from the military fund appropriated by this State to defray the expenses incident to any service which he may require of such organization."

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill the ayes were 84, nays 33-

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

On motiOllJ of Mr. Barrow the House reconsidered its action in not passing the above bill.

The undersigned members of the Committee on Military Affai~s submitted the following minority report to the preceding bill :
Mr. Speaker:

The Committee on Military Affairs has had under consideration Senate bill No. 196, ~ing a bill to establish additional military forces in the State of Georgia,. known as Georgia Volunteers, and on July 30 reoom~ mended that same do pass.

We, the undersigned members of the Committee on Military Affairs, submit this minority report on said bill, and recommend that the same do not pass for the following reasons :

1. The Nati'onad Guard of Georgia, as at present organized, is better equipped, officered, organized and dis-
68hj

994

JouRNAl. o:r TB~ Hous~,

-ciplined and more efficient than ever before in the history <>f the State.

2. The proposed bill creates a new, separate and additional organization which will share proportionately with the present organization all State appropriations, thus creating extra burdens upon the State for support and maintenance, and lessening the appropriation now made to the National Guard.

3 If such new organization be added, with loose organization and little or no discipline, it will necessarily lessen the discipline and efficiency ~f the present organi-
zation.

4 The Government of the United States nas appropriated this year $127,000 to the support of the Georgia troops, and during the last five years approximately $400,000. Should this bill pass there is grave danger of the States having its past appropriations taken away and all intended future appropriations cut off.

Respectfully,

c. CLAUD~ SMITH,
CLArutNC~ T. GUYTON,
EMM~ R. SHAW,
MIU.VIN B~AN,
JOSEPH D. Bow, G. OGDEN PERSONS, H. S. L~,
w. w. DYK~,
W. W. WILSON,
J. Z. FoSTER, B. J. FowL~R.

WEDNESDAY, AUGUST 12, 1908.

9116

The following bills were taken up and the Senate amendments concurred in, to wit :
By Mr. Candler of DeKalb---

A resolution authorizing the members of the juint committee to investigate the Prison Department, to meet after the adjournment of the General Assemb)y, etc.

The Senate proposed to amend by striking the following words : "To file with the Governor all the -evidence taken hy it, together with its report and findings thereon, and the Governor is hereby requested to lay said report and evidence before the next session of the Legislature held hereafter, with recommendations as he may deem proper," and insert in lieu thereof the following: "To -report to the extra session of this General Assembly, which is to be called by the Governor."

By Mr. Candler of DeKalb---

A resolution to pay the expenses of the special joint committee to investigate charges against the Pris.)n Department.

The Senate proposed to amend by adding at the end of the caption the words: "And special joint committee of the House and Senate to investigate certain charges made by John T. Moore of Macon, against members of House and Senate while inspecting convict camp Of Macon Brick Company." Also

To amend by adding at end of resolution the words: "R~lved~ further, by the authority aforesaid, that the
sum of fifteen dollars be, and the same is hereby appropriated td pa.y the stenographer for reporting and tran-

996

JOURNAL OF TH ~OUS,

scribing the evidence adduced before the committee investigating said ciJ.arges and acting under House and Senate resolution No. 199, the same to be paid on warrant of the Governor, approved by the chairman of said special committee."

The following bill was again taken up and put upon its passage, to wit:

By Mr. Stephens of 1st district-

A bill to provide for the organization of the volunteer military companies of tile State, to be known as "Georgia Volunteers."
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill the ayes and nays were ordered, which was as follows :

Those voting in the affirmative were Messrs.-

Adams of Chatham, Burkhalter,

Adams of Elbert,

Burwell,

Adams of Wilkinson, Butt,

Adkins.

Candler,

Alexander,

Covington,

Allen,

Cowan,

Anderson of Bulloch, Daniel,

Atkinson,

Davison,

Austin,

!::>onalson,

Barksdale,

Dorminy,

Barrett,

Dunbar,

Barrow,

Duggan,

Blackburn,

Eaves,

Boyd,

.

Ellison,

Brown of Carroll, Estes,

Brown of Oglethorpe, Flanders,

Buchannon,

Foster,

Fraser, F~ier, Geer, Gibson, Hall, Hamilton, Hardeman, Heard, Hill, Hines, Holder, Huff, Jackson, Johnson of Towns, Jones of Meriwether Lumsden, MacFarland,

W:s>NltSDAY, AuGus't 12, 1908.

99f

McCarthy, Mcintyre, McMalian, McMichael, McMullan, Martin, Massengale, Mays, Mercer, Moore, Nix, Parker, Parrish, Peterson, . Powell,

Price of Oconee, Reid of Macon, Reid of Wilcox, Rogers, Russell, Sheffield, Slade, Slater, Stephens, Stewart, Strickland, Stubbs, Sumner, Taylor of Sumter, Thorne,

Townsend, Tuggle, Tyson, Ward, Warnell, Watkins, White of Screven, Whitley, Wilson, Wise, Wootten, Wright of Richmond, Wynne, Young,

Those voting in the negative were Messrs.-

Anderson of Cobb, . Dean,

Orr,

Ballard,

Dickey,

Payton,

Bell,

Dykes,

Pope of Dade,

Berry,

Flannigan,

Rountree,

Cal beck,

Fowler,

Ryals,

Callaway,

Furr,

Shaw,

Cannon,

Glenn,

Simmons,

Chamlee,

Goode,

Smith of Campbell,

Clark,

Guyton,

Swilling,

Clifton,

Huie,

Terrell,

Collum,

Hullender,

Thurman,

Sooke of Thomas, Johnson of Jeff Davis, Walker of Milton,

Couch,

Kendall,

Walker of Wash'ton,

Crawford,

Kendrick,

Williams,

Crumb,ey,

McWilliams,

Wright of Floyd,

Davis,

Mundy,

Those not voting were Messrs.-

Arnold,

Culbreth,

Ashley,

Edmondson,

Atwater,

Edwards,

Bond,

Fagan,

Bowen,

Fullbright,

Cook of Chat'hoochee, Godley,

Cook of Telfair,

Harris,

Haywood, Howard, Hubbard, Johnson of Jaspt.r, Jones of Mitchell, Keith, Lee,

998

JOURNAL OF THE Hous~

Lively, Lunsford, Matthews, Maxwell, Morris, Nowell, Odum,

Perry, Persons, Pope of Brooks, Price of Bartow, Reid of Putnam, Smith of Calhoun, Taylor of Appling,

Tift, Tracy, Trent, Walker of Lowndes, White of Madison, Mr. Speaker.

The roll call was verified, and on counting the vote it was found that the ayes were 95, nays 47

The bill having received the requisite constitutional majority was passed as amended.

By Mr. Deen of 5th districtA bill to amend section 2181, volume 2 of the Code.

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

On the passage of the bill the ayes were 55, nays 40~

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

The following resolution favorably reported by .the Committee on Rules, was adopted, to wit:

By Mr. Ryals-
A resolution to make Senate bill No. 188 a special order.

By Mr. Felder of 22d district-.
A bill to quiet the title to real estate in Georgia held under foreign wills.

WJtDNltSDAY, AuGusT 12, 1908.

999

The following amendments were adopted, to wit:

By Mr. Dean-

To amend by adding at end of section 2, "or hereafter pending."

The committee proposed to amend section I. by striking

out the words, "without being probated" in line I2, and

inserting after word "title" in line 9 the words, "wit:.1out

being probated in this State."



The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 105, nays I.
The bill having received the requisite constitutional majority was passed as amended.

Mr. Candler moved that the House insist upon its disagreement to the amendment to House bill No. 1080, known as the "Appropriation bill for support of Agr_icultural College," and the Speaker appointed the following committee of conference, to wit:
Messrs. Wise, Burwell and McMullan.
Mr. Hall, vice-chairman of the Committee on Rules, submitted the followin~ report :
Mr. Speaker:
The Committee on Rules reports resolution No. 357 with a recommendation that it do pass, as instructed by the House.
Respectfully suQmitted, .
JoSEPH H. HAU.,. Vice-Chairman.

1000

JouRNAL oF TH Hous~,

The following message was received from the Senate, through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate insists upon its amendments to toe .following bill of the House, to wit :

A bill to appropriate '$25,000 for 1908, and $50,000 for year I909 to the University of Georgia for support and maintenance of the State College of Agriculture at Athens.

The following message was received from the Senate, through Mr. Northen, Secretary thereof:
Mr. Speaker:

The Senate has passed, as amended, by the requisite two-thirds constitutional majority, the following bill of the House, to wit :

A bill to amend article 7, section I, paragraph I of the .Constitution of Georgia relative to payment of pemions.

The following message was received from the Senate, through Mr. Norbhen, Secretary thereof:

Mr. Speaker:
The Senate has concurred in the House amendment to the following bill of the Senate, to wit:
A bill to provide for the organization of volunteer military companies to be known as "Georgia Volunteers."

WEDNESDAY, AUGUST 12, 1908.

1001

The following message was received from the Senate, through Mr. Nor:tJhen, Secretary thereof:
Mr. Speaker:

The President of the Senate has appointed as a conference committee, Senators Dobbs, Howard and Hawes on tne following House bill, to wit:

A bill to make appropriations for the year 1908 and Ig<>9 for support and maintenance of the College of Agriculture at Athens.

The ~ollowing bill, whidh was lost and reconsidered, was again taken up and put upoDI its passage, to wit:
By Mr. Overstreet of 17th district-

A bill to regulate the publication of all legal advertisements in certain counties.

The favorable report of the committee was agreed to.

On the passage of the bill the ayes and nays were ordered, wnich was as follows:

Those voting in the affirmative were Messrs.-

Adams of Chatham, Adams of Elbert, Adams of Wilkim:on, Alexander, Allen,
Anderson of Bulloch, Anderson of Cobb, Arnold, Atkinson, Austin, Ballard, Barksdale,

Barrow, Berry, Blackburn, Boyd, Brown of Oglethorpe. Buchannon, Burkhalter, Burwell, Butt, Callaway, Candler, Chamlee,

Clifton, Cooke of Thomas, Covington, Daniel, Davison, Dickey, Dorminy, Dykes, Eaves, Estes, Flanders, Flannigan,

JOURNAl. OF TH:e HOUSE,

Foster,

Mcintyre,

Fraser,

McMahan,

Frier,

McMichael.

Gibson,

McMullan,

Glenn,

Me William-;,

Goode,

Martin,

Guyton,

Massengale,

Hamilton,

Mercer,

Hardeman,

Moore,

Hill,

Mundy,

Hines,

Nix,

Holder,

Parker,

Huff,

Parrish,

Huie,

Peterson,

Hullender,

Powell,

Jackson,

Price of Oconee,

Johnson of Jelf Davis, Reid of Wilcox,

Johnson of Towns, Rountree,

Jones of Meriwether, Ryals,

Kendall,

Shaw,

Kendrick,

Sheffield,

MacFarland,

Simmons,

McCarthy,

Slade,

Slater, Stephens, Stewart, Strickland, Sumner, Taylor of Sumter, Thorne, Thurman,-_ Tyson, Walker of Wash'ton~ Ward,
Warnel~
Watkins, White of Madison, White of Screven, Whitley, Williams, Wilson, Wright of Floyd, Wright of Richmond, Wynne, Young,

Those voting in the negative were Messrs.-

Adkins, Brown of Carroll, Cal beck, Clark, Crawford, Davis, Edmondson,

Ellison, Hall, Heard, Lumsden, Orr, Perry,

Pope of Dade, Smith of Campbell, Stubbs, Swilling, Townsend, Walker of Milton,

Those not voting were Messrs.-

Ashley, Atwater, Barrett, Bell, Bond, Bowen, Cannon, Collum,

Cook of Chat'hoochee, Dunbar,

Cook of Telfair,

Dugg?"l,

Couch,

Edwards,

Cowan,

Fagan,

Crumbley,

Fowler,

Culbreth,

Fullbright,

Dean,

Furr,

Donalson,

Geer,

W:~tnN:~tSDAY, AuGUST 12, 1908.

1003"

Godley, Harris, Hayw<Y>d. Howard, Hubbard, Johnson of Jasper, Jones of Mitchell, Keith, Lee, Lively, Lunsford, Matthews,

Maxwell, Mays, Morris, Nowell, Odum, Payton, Persons, Pope of Brooks, Price of Bartow, Reid of Macon, Reid of Putnam, Rogers,

Russell, Smith of Calhoun, Taylor of Appling, Terrell, Tift, Tracy, Trent, Tuggle, Walker of Lowndes, Wise, Wootten, Mr. Speaker.

By unanimous consent the verification of the roll call was dispensed with.

On the passage of the bill the ayes were 104, nays 20.

The bill having received tile requisite constitutional majority was passed.

The following message was received from the Senate, through Mr. Northen, Secretary thereof :

Mr. Speaker:

The Senate has concurred in the House amendment to, the following bill of tile Senate, to wit :

A bill to quiet title to real estate in Georgia held under foreign wills.

The following message was received from the Senate, through Mr. Northen, Secretary thereof :
Mr. Speaker:

The Senate insists upon its amendments to the following House bill, to wit:

1004

JOURNAI. OF TH~ Hous~,

A bill to appropriate certain money for years I908 and 1909 to the University of Georgia for the support of the :State College of Agriculture.
And the President of the Senate appoints as a new -conference committee on said bill:

Senators Taylor, Peacock and Deen.

Mr. Hall of Bibb, vice-chairman of the Committee on Rules, suQmitted the following reports:

Mr. Speaker:
Your Committee on Rules has had under consideration House resolution No. 358 and instructs me to report .same back with the recommendation that it be adopted.
Respectfully submitted,

] os~PH H. HAI.I., Vice-Chairman.

The following resolutions, favorably reponed by the Committee on Rules, were adopted, to wit:
By Mr. Foster of Cobb-

A resolution to make House bill No. 6g an immediate special order.
By Mr. Burkhalter-

A resolution to make Senate bill No. 238 an immediate special order.

The undersigned members of the Conference Committee on House bill No. 108o, submitted the following re-port:

WEDNESDAY, AuGusT 12, 1908..

100&;

Mr. Speaker:

Your Committee on Conference on House bill No. I080o beg leave to submit the following report :

Your committee on part of the House met the confer-

ence committee on part of the Senate and said committees.

were unable to agree. We therefore ask to be d.is-

dlarged and bhat another conference committee be ap-

pointed.



Respectfully submitted.
J. W. WisE,
W. H. BuRWELL,
A. J. McMULLAN,
Cpmrnittee on Part of House.

The above committee of conference was discharged arid the following new committee of conference was appointed on amendments to House bill Io8o, to wit:_ Messrs. Candler, Alexander; Hall.
The following special order was taken up and the ~n ate amendment concurred in, to wit:

By Mr. Foster of Cobl>--
A bill to amend article 7, section I, paragraph I, of the Constitution relative to payment of pensions.

The Senate proposed to amend section I by striking thewords: "Provided the provisions of this Act shall not extend to any soldier whose property exceeds $I,ooo or whose income is more bhan $300 per year, which occurs.

J006

}OURNAI. OF TH2 ~OUSt, .

between the words, ."constitutional amendment;'' in line .31, and "no less," in line 33

The following Senate bills were taken up, read the third time and put upon their passage:

By Mr. Gordy of 24th district-
A bill to fix the number of days' work required of _persons subject to road dUJty.

The substitute proposed by the committee was adopted.

'I'he report of the committee, which was favorable h> the passage of the bill as amended, was agreed to..

On the passage of the bill the ayes were 94, nays o.
The bill having received the requisite constitutional majority was passed as amended.
By unanimous consent the following bill was taken up :and the Senate amendment concurred in, to wit:

By Mr. DavisonA resolution for the relief of ]. W. Turner.

'I'he Senate proposed to amend by striking from line 7 of the last paragraph the words "'fine and forfeiture," :and insert in lieu thereof 1Jhe words "county treasury."

By Mr. White of Screven-
A bill to establish a system of public schools for the town of Sylvania.
The Senate proposed to amend section 3 by strikin~



Wm>NE:SDAY, AVGUS'l' 12, 1908.

1007

the name of J. W. Powell and insert the name of S. F. Cooper; also,

To amend section 3 by inserting at the end of line 12, "'any member of said. board so elected by said mayor and wuncil to fill a vacancy shall only hold his office until the first Thursday in the following January, at which time such vacancy shall be filled by an election for the vacancy to be filled at that time by a retiring member whose term expires on such first Thursday; also,

To amend by striking all of the words of section 7
and inserting in lieu thereof the following: Section 7. It shall be the duty Of 1Jhe board of education of Screven
county or the county school commissioner of said county to annually tum over to the board of education of the residing in the city of Sylvania entitled to the school fund to which said city shall be entitled. The amount so turned over shall be in the same proportion to uhe entire school fund of Screven county that the number of pupils reiding in the city of Sylvania enti'tled to the school fund shall bear to the entire number of pupilsresiding in all of Screven county entitled to said school fund. This ratio and proportion shall be ascertained by the census taken each four years by tlhe board of education of Screven county as at present provided by law or as may hereafter be provided 'by law. And said board of education of Screven county is hereby required to so take sairt census as to be able to properly arrive at. the num~ of pupils residing in the city of Sylvania as well as those residing in all of Screven county; also,

To amend section 12 by striking out of said section all of lines 22, 23, 24, 25, 26 and 31.

1008

JoURNAL OF THE HOUS~<:.

The following message was received from the Senate. through Mr. Northen, Secretary thereof:
Mr. Speaker:

The Senate recedes from its action in the passage b.Y substitute of the following House bill, to wit:

A bill to require railway companies to equip locomotives wi'th electric headlights.

The following resolution was read and adopted unanimously to wit :

By Mr. Adams of Chatham-

A resolution requesting the Speaker to furnish a por-

trait of himself to be hung in the House of Representa-

tives.



The undersigned members of the committee of conference on House bill No. 1o8o submitted the followins report:
Mr. Speaker:
The conference committee on the part of the House on House hill No. 1080 reports that it 1has been unable to reach an agreement with the Senate committee.
CANDLER of DeKalb, HALL of Bibb. ALEXANDER of DeKalb.

By Mr. Camp of 31st district-
A bill to authorize the Governor to purchase site for 3 union station in Chattanooga.

WEDNESDAY, AUGUST 12, 1908.

1009

The House reported the' following substitute for the above Senate bill:
"A bill to be entitled an Act to authorize and empower the Governor to ascertain what lands in or near Chattanooga are desirable and available for terminal purposes for the \i\Testem & Atlantic Railroad, either for switching or delivery purpoes, and for what price the same can be purchased and to procure options thereon for the 'benefit of the State if in his di'scretion advantageous terms can be obtained.
~in r. Be it enacted by the General Assembly, That the Governor be and he is hereby authorized and empowered to ascertain what lands in or near the city of Chattanooga are desirable and available for terminal purposes for the Western & 'Atlantic Railroad, ei'ther for switching or delivery purposes, and for what price the same can be purchased and to procure options thereo~l
for the benefit of the State, if in his discretion advantage-
ous tenns can be obtained.

Sec. 2. Be it further enacted, That aU 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.
On the pasage of the hill the ayes were 105, nays o,
The bill having received the requisite constitutional majority was passed by substitute.
Mr. Candler, ohairman pro tern. of the Committee on Rules, submitted the following report :
Mhj

1010

JouRNAl, OF THE HOUSE,

Mr. Speaker:

Your Conunittee on Rules has had under consideration House resolutions 36o and 361 and recommend that same do pass.

CANDLER, Chairman pro tern.
The following resolution was read and adopted, . to wit:
By Mr. Chamlee-
A resolution to make Senate bill No. 93 a special order.

The following message was received from the Senate, through Mr. Northen, Secretary thereof:
Mr. Speaker:

The Senate has concurred in the substitute. of the House to the following Senate bill, to wit :
A bill to authorize the Governor to contract for certain tract of land in Chattanooga, Tenn.
The following message was received from the Senate, through Mr. INorthen, Secretary thereof :
Mr. Speaker:
I am instructed to inform the House that the Senate ha:s finished all busi"ness befoe it and is ready to adjourn.
Mr. Parker, chairman of the Enrollment Committee, submitted the following report :

WroN~Y, AucusT 12, 1908.

1011

Mr. Speaker:

The Committee on Enrollment have examined and report as properly enrolled, duly signed and ready fm delivery to the Governor, the following Acts, to wit:

An Act to repeal an Act estahlishing the city court of Barnesville, in the city of Barnesville, Pike county.

An Act to create a board of commissioners of roads and revenues for Turner county.

An Act to authorize the city of West Point, Troup county, to grant to the A. & W. Railroad and the
W. of A. Railroad the right to use part of Bridge street
in said city.
An Act to prescribe the manner in which real estate belonging to Emanuel county may be sold.

An Act authorizing the mayor and! aldermen in the town of Calhoun, in Gordon county, to sell a part of the John P. King park.
An Act to increase the salary of the State Entomologist
An Act to amend the Act-incorporating the town of Pelham.

An Act to appropriate $30,000 to the University of Georgia.

An Act to amend the Act creating the city court of Douglas.
An Act to amend an Act to make appropriations for

1012

JouRNAL oF '1"H Hous,

the ordinary expenses of the executive, legislative and judicial departments of the State government.

An Act to amend the charter of Hogansville, in Troup county.

An Act to change the time of holding the superior court of Tift county.

An Act to require certain candidates to publish a statement of the campaign expenses. '

An Act to amend an Act creating a charter for College Park.

An Act to incorporate the town of Forest Park.

An Act to authorize the municipal authorities of certain cities to provide for their municipal prisoners.

An Act to exempt police and firemen from the genera! exclusion from free passes.

An Act to establish a public school system for the town of Spread.

An Act to amend an Act to increase the membership of the Railroad Commi'ssion of Georgia.

An Act to amend the special Act for Henry county, providing for cleaning the running streams from obstructions.

An Act to authorize DeKalb county to issue bonds.

An Act to prov1de for an examination into the ~lfiairs of t!he dispensary at Blakely.

WEDNESDAY, AucusT 12, 1908.

1013

An Act to amend section 982 of volume 1 of Code of 1895
An Act to amend an Act establishing a system of . public schools in Lwrrber City.
An Act to amend an Act incorporating the town oi
Temple.

An Act to establish the city court of Franklin, Heard county.
An Act to amend an Act providing for the creation o fa board of commissioners of roads and revenues 111 Telfair county.

An Act to prohi'bi't the catching of shad or other fish with driftnets.
An Act to change the number of county commissioners of Newton ~ounty.
An Act to create a State ooard of veterinary examiners in the State of Georgia.

An Act to a:oolish the Dawson water and light commission.

An Act Ito provide for the election of judge and solicitor for the ct:ty ~ourt of Sandersville.
An Act to amend an Act incorporating the city of Valdosta.
An Act to prohibit contributions by corporations or their officers or agents to campaign funds.

1014

JouRNAL ol" Tin; Housl!:,

An Act to amend an Act creating a board of commissioners of roads and revenues in the county of Randolph.

A Act to amend an Act creating the city court of . Sparta.

An Act to provide for the rejection, assessment and arbitration in the case. of tax returns by railroad companies for county, municipal and public sohool purposes.
An Act to amend an Act establishing the city court of Newnan.

An Act to appropriate $5,000 to the Confederate Soldiers' Home of Georgia.
An Act to amend an Act approved August 22, I905
An Act to amend an Act creating a charter for College Park.

The Committee on Tnrollment has examined and report as properly enrolled, duly signed and ready for delivery to the Governor, the following resolutions, t) wit:

A resolution to pay pension of Peter Currens, deceased, of Heard county, to his widow, Sarah Currens, for the year 1900.

A resolution to memoria'lize Congress in reference to the survey of the canal.
A resolution to furnish Georgia Reports to DeKallJ county.

WEDNESDAY, AuGusT 12, 1908.

1015

A resolution to pay pension to Mrs. Nancy M. Collier, a citizen of Harris county, for the year 1908.
A resolution to pay the sum of $50 to George M. Brinson.

A resolution to pay the pension of John M. Surrency to his widow, Mrs. Elizabeth Surrency.

A resolution to put the name of Mrs. Lucy Lockhart of Williamson county, on the pension roll for 1906.

A resolution to pay to Mrs. G. Houser the per diet~ for thi"s session of the Legislature that would have been earned by G. Houser, former doorkeeper of the House of Representatives.
A resolution to provide for the finishing up of the
business of the General Assembly.

A resolution to pay pension to widow of Frank J Qhnson.

A resolution to pay pension to Mrs. S F. Crane for 1907
A resolution to pay pension to Mrs. McDougald, a citizen of Gprdon county, for 1908.
A resolution for the relief of Mrs. Tallulah Towns, of Fulton county.

A resolwti'on to pay unpaid pensions to Mrs. Louisa L. Hodges.
A resolution to pay pension of Mrs. E. J. Coker, de
ceased, to A. M. Johnson.

iEH6

JouRNAL or THt HuusJt,

A resolution to pay or authorize the payment of pension of Thos. H. Greer, deceased, to his widow, Mary N. Greer.
The following message was received from the Senate, through Mr. Northen, Secretarythereof:
Mr. Speaker:

The Senate has concurred in the substitute of the House to the following bill of the Senate, to wit:

A 'bill to repeal an Act fixing the number of days work required of persons subject_ to road duty .in counties having cities of a population of not less than 17,000 nor more than 20,000 population.
The following message was received from the Sen~te, through Mr. Northen, Seeretary thereof:

Mr.. Speaker:

The Senate has passed, by the requisite constitutional majority, the following bills of the House, to wit:
A bill to prescribe the duty of electric telegraph companies as to receiving and transmitting despatches and Jnessages.
A bill to authorize the re-recording of deeds, mortgages and other liens in a county different from that in which the land was situated at the time of the original record.
A bill to amend an Act to prevent the adulteration of foods, and or other purjK>ses.

Wl':DNltSDAY, Aucus't 12, 1908.

10H

A bill to appropriate $s,ooo to the Confederate Soldiers' Home of Georgia.

A bill to exempt police and firemen of cities, by the city's request, from the general exclusion from free passes.
A bill to appropn'ate $2,000 for improving the State's property at Indian Springs.

A bill to appropriate $5,000 for maintenance and use of the State Board of Health.

A hill to amend an Act creating the city court of Sylvania.
A bill to supplement the appropriations made under the general appropriation Act of 1907 for salaries and other expenses of the Railroad Commission.

A bill to amend an Act to make appropriations for the ordinary expenses of the executive, legislative and judicial departments of the government.

A bill to provide how and when pensions due Confederate soldiers shall 'be paid.

The following message was received from the Senate, through Mr. Northen, Secretary threof :

Mr. Speaker:
The Senate has passed, by the requi'site constitutional majority, the following esolutions of the House, to wit:
A resolution for the relief of L. B. Riser, H. ~ .Sil-

1018

JOURNAl, OF TH~ Hous~,

vess, Hardy C. Cunningham; R. G. Prowder, Sanders Frain and L. Mell, of Chatham county.

A resolution to pay Mrs. G. Houser the per diem of her husband, G. Houser, former doorkeeper of the House of Representatives.

A resolution to pay pension of F. M. Rice to W. A. Mitchell.

A resolution appropriating $6o for payment of pension
to W J. Stanford, of Forsyth county.

A resolution to pay the sum of $so to Geo. M. Brunson.

A resolution to pay a pension to Mrs. Mary Blackstock.

A resolution for relief of Mrs. Tallulah Towns, of the county of Fulton.

A resolution to furnish Georgia Reports to DeKalb county.

A resolution to pay Mrs. 0. M. Case for dwelling house burned by convicts 011 Start:e prison farm.

The Senate has refused to pass, by the requisite constitutional majority, the following bills of the House, to wit:

A bill to amend an Act to levy and collect a tax fm support of State government.

A bill to amend section 2334 of the Civil Code of 189~.

WEDNESDAY, AuGUST 12, 1908.

1019

Mr. Parker, chairman of the Enrollment Committee, submitted the following report :

Mr. Speaker:

Your Committee on Enrollment beg to report the following Act as examined, properly enrolled, duly signed and ready for delivery to the Governor:

House resolution 297, to pay the expenses of the special joint committee of the Senate and House to investigate certain charges relative to the administration of the prison department.

Mr. Parker, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:

The Committee on Enrollment have examined and r.eport as properly enrolled, duly signed and ready for delivery to the Governor, the follo":ing Acts, to wit:
An Act to create the office of commissioner of roads and revenues for Carroll county.

An Act 1:o establish the city court of Blakely.
An Act to authorize the mayor and council of Byrom$ville to issue and sell bond.
An Act to provide for the removal of obstructions from rivers, creeks and running streams in Rockdale county.

An Act to amend an Act incorporating the town of BarW.ick.

1020

JOURNAL OF 'tH HoUS,

An Act to prohi'bit the sale of "Bud beer," or "nearbeer," in Campbell county.
An Act to amend the charter of the city of Griffin.

An Act to provide for the marking out, defining and reestablishing the county lines of certain counties of this State.

An Act to amend section 4200, volume 2, of the Code

of I89S

'

An Act to establish a local school system for the town of Bartow.

An Act to authorize the re-recording of deeds, mortgages and other liens on lands that are in counties different from the one at time of recording.

An Act to repeal an Act creating a board of commissioners of roads and revenues for Burke county.
An Act to amend article 7, section I, paragraph I, of the Constitution of Georgia relative to payment of pensions.
An Act to authorize the city of Rome to maintain a hospital.
An Act to amend an Act creating the city court of Buford.

An Act to appropriate money for the support of the State agricultural colleges, experiment station, and for other purposes.
An Act to instruct trustees of the University of Geor-

WEDNESDAY, AUGUST 12, 1908.

1021

gia to convey realty to the board of education of Thomasville.
A.n Act to authorize the Governor to appoint a third State depository in the city of Atlanta.

An Act to repeal an Act incorporating the town of Culverton, Hancock county.

An Act to amend an Act incorporating the town of Junction City.

An Act to amend the charter of Cusseta, Chattahoochee county.
An Act to extend the corporate limits of Carrollton.

An Act to establish the county court of Clinoh county.

An Act to amend an Act creating a board of commissioners -of roads and revenues in Dodge county.

An Act to incorporate the town of Cedar Grove, Laurens county.
An Act to supplement and increase the appropriations, made under the appropriation Act of 1907, for salaries and other expenses of Rai-lroad Commission Qf Georgia.
An Act to incorporate .the town of Blairsville.

An Act to aholish the board of commi"ssioners of roads and revenues in and for Hart county.

An Act to amend the county court Act.
An Act to amend an Act incorporating the town of '' ' ~ Hoschton.
.

1022

JouRNAL oF 'tHE: HooSE:,

An Act to provide how and in what way pensions due to the Confederate soldiers by the State under existing laws shall he paid.

An Act to authorize the trustees of the Confederate Soldiers' Home of Georgia to sell certain real estate.
An Act to amend the charter of the city of Norcross, Gwinnett county.

An Act to create a public school system for Lithonia.
An Act to repeal an Act incorporating the town of Ellijay.
An Act to amend an Act creating the city court of Sylvania.
An Act to amend section 982, Code of Georgia 1895, so as to add Comer to the list of State depositories.

An Act to repeal an Act amending an Act establishing the ~ity court of Eastman.
An Act proposing an amendment to the Constitution
by adding art: the end of section 6, article 7, "to pay the
county police and to provide for necessary sanitation:'

An Act to establish a 'board for the examination of accountants.
An Act to change the time of holding the superior ~ourt of Glascock county.
An Act to incorporate the town of Vidette, Burke county.

WEDNESDAY, AuGusT 12, 1908.

1023

An Act to prescribe the duty of the electric telegraph companies as to receiving and transmitting dispatches and messages.

An Act to amend the charter of McDonough.
An Act to create a county police force for Chatham counJt:y.
, An Act to amend the charter of the town of Ochlocknee, Thomas county.

An Act to amend an Act creating the board of commi:>sioners of }oads and revenues in Laurens county.

An Act to amend an Act incorporating the town of Norwood.

An Act to amend section 982 of volume I of the Code of Georgia of 1895, so as to add Senoia to the list of State depositories.

An Act to amend an Act establishing the city court oi
Ashburn, Turner county.
An Act to i'ncorporate the town of Williamson.
An Act to provide for the collection of pas't due taxe~ to the State.
An Act to amend an Act incorporating the city of Brunswick.
An Act to incorporate the town of Primrose.
An Act to amend an Act creating the city court of Monticello.

1024

JouRNAL oF THE HousE,

An Act to establish and organize a sanitarium for the treatment of tuberculosis.

An Act to authorize the city of West Point to close up Bridge street in said city.
An Act to amend an Act creating the city court of Floyd county.

An Act to amend an Act amending an Act creating the city court of Tifton.

The committee on enrollment has also examined and report as properly enrolled, duly signed an<1f ready for delivery to the Governor the following resolutions, tO wit:
A resolution to provide for the payment of $54 16 to W. A. McAlister.
A resolution to return to Laura Daniel, widow of Carroll Daniel, the amount received by the State of Georgia for work done by hi'm in the penitentiary.
A resolution to pay pension of F. M. Rice to W. A. Mitchell.
A resolution for meetings of the committee of the General Assembly to investigate the prison commission.
A resolution to authorize the county authorities of Dade county to release sureties on bond of John M. Castleberry.
A resolution for the relief of L. B. Riser, H. P. Silvers, Hardy C. Cunningham, R. G. Prowder, Sandert= Frain and L. Melt.

WtDNJtSDAY, Aucus't 12, 1808.

lOllS

A resolution to pay pension to Mrs. Mary Blackstock.

A resolution to pay Mrs. 0. M. Case for dwelliflg house burned by State convicts.
Mr. Parker, chainnan of the Enrollment Committee, submitted the following report:
M1'. 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 Buchanan. An Act to incorporate the toWn of Franklin. 1\n Act to create the city court of Danielsville. An Act to create a new charter for Ellijay. An Act to create a charter for the town of Iron City. An Act to cread:e the city court of St. Mary's. An Act to amend the charter of Jonesboro. An Act to amend the ~barter of the city of Winder. An Act to amend an Act to prevent the adulteration of
{(lodS.
An Act to appropri-ate $2,000 to improve Indian Spring.
An -~ct to abolish the city court of MadiS()n cotintv.

JouRNAL oF 'l'Hlt Hous,

.An Act to require railroad companies to equip looomo-
tives with electric hea<llights.

An Act to amend the charter of College Park.

An Act to amend the oharter of Adel.

An Act to change the corporate limits of Adel.

An Act to provide a method for taking depositions ia. certain cases.

An Act to repeal an Act to incorporate the town of Bushnell.

An Aot to appropriate $7,000 for State Normal School

.

i ' l . . . . . . .

An Act to amend Act creating county commissioners

for Baldwin county.

An Act to create system of schools for Sylvania.

An Act to incorporate the town of Between.

An Act to amend the charter of Fairburn.

An Act to amend Act to incorporate Fitzgerald.

An Act to create a system of schools for Mansfield.

An Act to amend an Act amending charter of Atlanta.

An Act to make it a misdemeanor to charge more than
5 per cent. per month on loans.
An Act to permit superior court judges in certain coun-
ties to appoint special bailiffs.

WJU>NE:SDAY, AuGUST 12, 1908.

1027

An Act to regulate the running log carts, etc., over roads and bridges of Brooks county.

An Act to incorporate the tbwn of Williamsville.

An Act to amend an Act to incorporate Bowersville.

An Act to amend an Act creating the office of commissioner of roads and revenues for Greene county.

An Act to amend the charter of East Point.

An Act to incorporate the town of Gratis.

An Act to appropl.'liate money for the support of State ~.:mitarium for .1908-1909.

An Act to amend the charter of Kirkwood.
An Act to prohibit unauthorized persons from running railroad locomotives.

An Act to amend an Act to appropriate money for the support of the State government.

An Act to incorporate tlhe town of Dixie.

An Act to create a board of commissioners for Baker county.
An Act to appropriate $7,671.76 for Georgia Normal and Industrial College.

An Act to amend the oharter of Athens.

.., An Act to incorporate the towp of Leon.

..

..~~ -.

1028

JOURNAL OF THE HouSE,

An Act to create the office of commissioner of roads and revenues for Hart county.

An Act to create the office of commissioner of roads and revenues for the county of Cherokee.

An Act to incorporate the town of Rockledge.

An Act ro incorporate the town of Woodbine.

An Act to incorporate the city of Danielsville.

An Act to appropriate $5,000 for the maintenance of board .of health.

An Act to abolish the county court of Henry county.

An Act to incorporate the town of Chamlee.

Also the following resolutions of the House, to wft:

A resolution to pay- Mrs. L. H. Ledsinger for copying pension rolls.
A resolution to appropriate $5,000 to improve Resaca
. cemetery.
A resolution for the relief of J. W. Turner.
A resolution to pay pension of W. J. Stanford.

A resolution for the relief of A. M. Hutchinson.

A resolution ro pay pension to Mrs. Queen Shivers.

Mr. Candier of DeKalb moved that the House recede from its non-concurrence in the Senate amendment to

WEDNESDAY, AUGUST 12, 1908.

1029

House bill No. 1080, which motion prevailed, and the House then concurred in the said amendment.

The following resolution was read and adopted, to wit:

By Mr. Candler-

A resolution notifying the Senate that the House IS ready to adjourn sine die.

The Speaker announced the House adjourned sine die:

INDEX
TO THE
HOUSE JOURNAL
FOR THE
YEAR 1908.

INDEX

HOUSE BILLS

Acrot!NTANT8-

To establish board for examiBation of. :. . . . . . . . . . . .

932

ADDftESSE8-
Of game and fish commission of Alabama, J. H. Wallace, Jr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210

ADULTERATIONTo amend Act to prohibit adulteration of. foods ... 324 527 8-72

AGRICULTURAL COLLEGEs-

To amend Act to create..........................

166

APPROPRIATIONs-

To appropriate $20,000 to Univenity. ; . . . . . . . . . . . .

77

To appropriate $7,099 to State Nonnal School.. 77 622 750 775

To appropriate $30,09 to Teclmoiogieal Sehool........

78

To appropriate $5,000 to Technological School. . . . . . . .

78

To amend Act of Aug. 22, 1907, to support State

government ......................... 99 122 622 745 989

To pay committee to investipte Soldiers' Home.....

103

To appropriate $30,000 for support of Agricultural

College ................................ 154 622 743

To increase salaries of railroad commission ......155 622 740

To pay expenses of committee to visit Aeadjlmy for

Blind . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

166

1034

INDEX.

APPROPRIATIONs-Continued.

To make appropriation for support of State Sani-

tarium ................................. 220 622 886

To appr~priate $12,671.76 for Infirmary at G. N. L

College .. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 623 777

To appropriate $5,000 to Soldiers' Home.: .....315 526 782

To appropriate $7,500 for State Board of Health .. 323 726 888

To appropriate $15,000 for State Normal School...... 325 .

To appropriate $15,000 for G. M. I College.......... 368

To amend Act to make appropriation for expense

of State government ............. 515 622 623 745 888

To appropriate certain moneys to State University.. 515

To appropriate $3,000 to improve Indian Spring. . 526 845

To pay Mrs. L. H. Ledsinger for copying pension

rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 527 843

To pay L. H. Zachry $450. . . . . . . . . . . . . . 531

To pay Chas. Goode ~50.00. . . . . . . . . . . . . . . . . . .

557

To appropriate money for support of Agricultural

College for 1908-09 ...... 622 747 988

To pay Geo. M. Brinson $50.00. . . . . . 623 884:

To pay W. L. McMichael certain monies .......... 623 858

To pay expenses of committee to investigate prison

commission . . . . . . . . . . . 636 660 841 99i

To pay Mack Tiget $71.50.. . .. .. .. .. .. .. .. .. . . ..

7G3

To appropriate $10,000 for wall around Resacca ceme-

tery .......... .. .. ........................ .... 780

To pay W. A. McAllister $54.16.....................

938

AUTOMOBILEsTo regulate the running of in this State ............. 128 357

BAILIFFS-
Certain judges authorized to appoint special bailiffs.. 68 5H Judges of superior courts authorized to appoint (2) .
207 352 354 361

INDEX.

1035

BANK-BUREAU-

Created in Treasury department ............... 657

BOILER LNSPECTO~ To create office of........................ : . . 515

BERTH~LEEPLNG CARRelative to control of upper berths .......... 489 870

BIRTHsTo require registration of. . . . . . . . . . 526

BOARDS OF HEALTH- To create for Ath!lns, Ga .................... 77 209 249

BOARD AND LODGINGUnlawful to procure with intent to. defraud......... 575

BONDS,--BTATE, COUNTY AND MUNICIPAL-
To issue bonds for esb.blishment of roads in Cherokee county . . . . . . . . . . . . . . . . . . . . . . . 66 215 247
To pay State bond No. 188.......................... 71 358 To authorize Decatur to issue for waterworks . 241 321 337 To authorize Decatur to issue for schools ... 242 320 337 To confirm and validate bonds issued since 1877. . 344 To authorize Byromville to issue 368 502 512 523
To amend Act to authorize Glynn county to issue. 536 562
To authorize DeKalb county to issue .. 635 727 751

1036

INDEX.

BURGLARS' TOOLs-

To prohibit the sale of......................... .490 601 738

CASE, MRS. 0. M.-

To pay for dwelling-house burned..................

n

CHARTERS OF MUNICIPAL CORPORATIONS-

To amend charter of Rome .................. 68 225 254 600

To create new eharter f~ Fairmount .............. 70 174 246

To amend charter of Blue Ridge....................

70

To amend charter of Ochlocknee .................. 71 174 246

To amend charter of Midville .................... 76 169 248

To create charter for Iron City .................. 101 216 254

To repeal Act creating charter for Elbert.on. ...... 109 191 210

To create new charter for Eatonton ..........109 191 210 529

To amend Act to create new charter or ~mgl'a!t.. 111 216 250

To create new charter for Ellijay ............124 244 334 860

To amend charter of Fairburn ............... 172 21'6 251 646

To repeal Act to create charter for Fairmount . . . . . . . 174 247

To create new charter for city of Jackscm ........ 181 ~21 340

To amend the charter of Griffin .................. 205 320 340

To repeal Act to create new charter for Franklin .. 205 321 336

To create new charter for town of Glenwood ...... 206 321 338

To amend the charter of Norcross ................ 220 320 340

To amend Act to create new charter for East Point .. 321 339

To amend. charter of town of 'college Park......... .

323 506 590 624 624 625

To amend charter of Athens .................... 331 604 520

To amend Act to create new charter for Atlanta. . . . .

341

To amend charter of Gainesville ................ 349 366 503

To amend charter of Cusseta. _ ............. , .. .488 511 521

To amend Act to create new charter for D"ouglasville

489 512 522

To amend charter of Brunswick .................... 5'05 519

INDEX.

1037

CHARTERS OF MUNICIPAL CORPORATION8-Continued.

To amend charter of Kirkwood ......511 519 636 727 751 990

To amend charter of Hogansville .... : ............ 532 605 627

To amend charter of Winder ............. - .....532 605 627

To amend charter of Waynesboro ............ 532 605 627 859

T~ amend charter of Jonesboro .................. 575 605 627

To amend charter of Atlanta ................... 590 600 624

To amend charter of Sylvester ................... 602 623 '128

To repeal charter of Ed~woo(l. ............... ; . . . .

624

To repeal charter of Battle Hill. . . . . . . . . . . . . . . . . . . .

624

To amend charter of Morven ....... -. . . . . . . .. . . . . . . . 827 932

CODE AMENDMENTs-

To amend Section 2545 of Civil .Code................

64

To amend Section 342 of Penal Code. . . . . . . . . . . . . . .

66

To amend Section 1790, Vol. 1 of the Code.......... 00 355

To amend Section 982, Vol. 1 of COlle. . . . . . . . . . . . .

69

To amend Section 4467 of Civil Code...............

70

To amend Section 388 -of Penal Code. . . . . . . . . . . . . . 78 356

To amend Section 2800 of the Code............... , .

80

To amend Section 1110, VoL 3 of Code. . . . . . . . . . . . . .

88

To amend Section 672 of Cl'im.illal Code. . . . . . . . . . . .

90

To amend Section 671 of Criminal Code. . . . . . . . . . . .

91

To amend Section 4206 of the Code..................

100

To amend Section 4556 of the Code..................

100

To amend Section 4514 f'f tbe Code ................. 100 528

To amend Section 4018 of the Code. . . . . . . . . . . . . . . 100 528

To amend Section 4550 of the Code .................. 100 528

To amend Section 4580 of the Code. . . . . . . . . . . . . . . . . . 101

To amend Section 3304, 3305, 3306, 3524, Vol. 2 of. . . . 101

To amend Section 2760, Vol. 2 of Code ....... 109 356

To amend Section 4046-of the Code ................ 109 558

To amend Section 5484 of the Code. . . . . . . . . . . . . . . . . . llO 3'6

_To amend Section 526, Vol. 1 of the Code ............ 110 356

To amend Section 3828, Vol. 2 of the Code . . . . . . . . . . 113 161

1038

INDEX.

CODE AMENDMENTs-continued.

To amend Section 2316, Vol. 2 of the Code............ 114

To amend Section 629, Vol. 3 of the Code ............ 121 656

To amend Section 386, Vol. 3 of the Code. . . . . . . . . . . .

122

To amend Section 3667 of the Code. . . . . . . . . . . . . . . 173

To amend Section 5585 of the Code. . . . . . . . . . . . . . . . .

182

To amend Section 2502, Vol. 3 of the Code. . . . . . . . 182 353

To amend Section 2321 of the Civil Code. . . . . . . . . . .

18~

To amend Section 115, Vol. 1 of Code. . . . . . . . . . . .

189

To amend Section 401 of Penal Code. . . . . . . . . . . . 204

To amend Section 4042, Vol. 2. of Code..............

206

To amend Section 1781 of Civil Code................

206

To amend Section 174 of Penal Code. . . .. . . .. . . . .. 207

To amend Section 968, Vol. 1 of Code. . . . .. . . .. .. ..

221

To amend Section 2334 of Civil Code ........ 348 623 878

To amend Section 220 .and 221 Criminal Code. . . . . . . .

351

To amend Section 4147, Art. 9 of Code..............

354

To amend Section 1496, Vol. 1 of Code..............

354

To amend Section 61, Vol. 1 of Code. . . . . . . . . . . . . 354

To amend Section 2059 of Civil Code ..... ...........

477

To amend Section 4398 of Code.....................

490

To amend Section 75; Vol. 1 of Code................ 490

To amend Section 2185 of Civil Code. . . . . . . . . . . . . 492

To amend Section 1110, Vol. 3 of Code..............

526

To amend Section 90 and 91, Vol. 1 of Code .... _......

531

To amend Section 472 of Civil Code................

531

To amend Section 940, Vol 1 of Code................ 558

To amend Section 116, Vol. 1 of Code................

684

To amend Section 1039, Vol. 3 of Code..............

684

CI<iARETTE8To prohibit the manufacture and sale of. . . . . . . . . . . . 489 870

CODIFICATION OF LAWSTo provide for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353 757

INDEX.

1039

. C010USSIONERS, OF ROADS AND REVENUEs-

Relative to Baker county, to repeal. ............... 63 243 335

Relative to Baker county, to create ................ 63 243 333

Relative to Appling county, to create .......... 64 214 249 861

Relative to Cherokee county, to create.......... 64 215 255

Relative to Putnam county, to amend Act creating. . .

67

Relative to Glascock county, to amend Act creating..

79 215 249

Relative to Monroe county, to amend Act creating..

80 216 250

Relative to Putnam county, to amend Act creating.

92

Relative to Johnson county, to create........... 98 243 334

Relative to Dooly county, to amend Act to create ...

99 209 253

Relative to Putnam county, to amend Act to create..

116

To amend Act to create board of turnpike commis-

sioners for this State.. .. .. .. .. .. .. . .. .. .. .. . .. . 153

To work chaingang on streets of Dawson............ 165

To create board of for Crisp county...........166 236 252

To create office of in Carroll county............182 244 338

To create board of for Dodge county............. 241 511 518

To create board of for McDuffie county. . . . . . . . . . .. . . 243 334

To create office of for llart county................. 345 520

To abolish commissioners of llart county.......... , 345 523

Authorized to appoint rural police.................. 351

To amend Act to create board ol for Sumter county..

492 549 565

To amend Act to create board of for Randolph county

507 558 626

To create board of for Banks county. . . . . . . . . . . . . . 516

To amend Act to create Board of for Glynn county. . 520 562

To change the number of in Newton county...... 590 727 752

To amend Act to create board of for Green county...

684 766 825

To amend Act to create board of for Telfair county. , 685 828

To create board of for J e1f Davis county....... 762 828 864

1040

INDEX.

COMMISSIONERS, OF ROADS AND REVENUEB-Continued.

To amend Act to create board of for Laurens county.

762 831 863 875

To amend Act to create board of for Baldwin county..

762 827 86f

To create board of for Turner county ..........-. . . .

831

To amend ~ct to create board of for .Jackson county

861

COMMISSION MERCHANTsTo regulate business of. . . . . . . . . . . . . . . . . . . . . . . . . . . . 'i6 175

COMMITTEEs-

To select chaplain.................................

I

To notify Governor of organization. . . . . . . . . . . . . . . . .

9

To draft resolutions on death of .Jno. W. Akin. . . . . . . .

85

To arrange for transportation to Marietta. . . . . . . . . . . .

150

To investigate Moore charges.......................

169

To investigate charges against prison commission. . . .

329

COMMITTEES OF CONFERENCE-
On anti-lobby bill .................................. 648 941 On appropriation for Agricultural College (No. 1080) 999 1005

COMMITTEE ASSIGNMENTs-

Of Mr. McFarland of Mcintosh. . . . . . . . . . . . . . . . . . . . .

85

Of Mr. Arnold of Walton..........................

85

Of Mr. Crawford of Bartow. . . . . . . . . . . . . . . . . . . . . . . .

85

Of Mr. Matthews of Laurens. . . . . . . . . . . . . . . . . . . . . . .

8G

Of Mr. Cannon of Rabun. . . . . . . . . . . . . . . . . . . . . . . . . . .

8C

Of Mr. Winne of-Pulaski. ......_....................

845

To Enrollment committee. . . . . . . . . . . . . . . . . . . . . . . . . . . 190

To committee on State Sanitarium. . . . . . . . . . . . . . . . . .

580

INDEX.

1041

COMMUNICATIONS--

Notification of death of doorkeeper................. 532

CONSTITUTIONAL AMENDMENTS-- .

To amend by exempting from taxation agricultural

products in hands of producer.................. 65 66

To amend relative to increasing pensions.........

67

To amend Par. 1, Sec. 2, Art. 11, of .......... 70 355

To amend Par. 1, Sec: 2, Art. 8, of ................ 70 355

To amend Par. 2 alld 3, Sec. 1, Art. 5, of.......... 71 355

To amend Constitution relative to pension laws ..... .

69

To amend Par. 5, Sec. 2, Art. 6, of ................. .

79

To amend Par. 1, Sec. 2, Art. 7, of ... ; ............ 80 355

To amend Par. 2, Sec. 2, Art. 5, of. . . . . . . . . . . . . . . . . .

89

To amend Par. 18, Sec. 7, Art. 3, of ................ 101 527

To amend Sec. 111, Art. 7, of. . . . . . . . . . . . . . . . . . . . . . . . 106

To amend Par. 2, Sec. 1, Art. 11, of. . . . . . . . . . . . . . . . . 110

To amend an Act to amend Sec. 1, Art. 7, Par. 1, of

(pensions) ................... 114 117 238 264 666 1005

To amend Par. 2, Sec. 1, Art. 11, (see new counties) .

To amend so as to prescribe qualification of voters . 313 320

To amend Sec. 2, Art. 3, Par. 1, of. . . . . . . . . . . . . . . . . .

324

To amend Sec. 6, Art. 7, of....................... 353 642

To amend Sec. 9, Art." 3. . . . . . . . . . . . . . . . . . . . . . . . . . 353 586

To amend so as to enlarge powers of Justices of

Peace........................................... 354

To amend by repealing Sec. 1, Art. 2, of..... . . . . . . 480

To amend Art. 2, Sec. 1, Par. 2, of. . . . . . . . . . . . . . . . . 490

To amend so as to prohibit leasing of convicts. . . . . . . . 530 581

CONSUMPTIVES--
To establish sanitorium for. . . . . . . . . . . . . . . . . 502 6Gb ;I

1042

INDEX.

.CONVICTB--:-

To provide for distribution of. . . . . . . . . . . . . . . . . . . . . .

98

To provide for good time allowance for good be-

havior ...................................... ~ . . .

110

To hire labor of certain felony convicts ...... 326 314 320 347

367 480 504 513 537 552 568

To prohibit hiring of. . . . . . . . . . . . . . . . . . . . . . . . . . . . 305

CORPORATIONS, MUNICIPAL-

To amend Act icorporating city of Cordele .........

64 65 65 173 197 198

To incorporate town of Leon .................... 65 174 245

To incorporate town of Kingsland ................ 66 173 245

To incorporate town of Williamsville .............. 68 174 245

To repeal Act to incorporate Fairmount. . . . . . . . . . . .

69

To incorporate town of Vidette .................... 76 168 248

To amend Act to incorporate town of Center....... 77 215 244

To amend Act to incorporate Hoschton ............ 78 215 245

To authorize corporations to work gangs on roads.... 105

To incorporate WiiUa~n ...................... l11 843 335

To incorperate town of Orland ................... 122 243 336

To amend Aet to incorporate Vienna ..............122 209 253

Te incorporate town of Between .................123 9Hi 252

To incorporate town of Gratis ...... ............. 123 216 252

To repeal Aet to illeorporate town of Ellijay ..... 124 243 336

To incorporate Chalybeate Springs ..............124 216 253

To incorporate the town of Franklin .............. 155 244 335

To incorporate the town of Woodbine ............155 216 251

To incorporate the town of Culverton ............155 244 337

To repeal Act to incorporate Bushnell ............ 167 216 251

To incorporate the town of Riverdale ................ 173 248

To incorporate the town of Blairsville ............182 244 339

To incorporate the town of Woodland ............ 190 237 250

To amend Act to incorporate Abbeville. . . . . . . . . . . . . 205

To incorporate city of Warrenton ......... , ..... 207 225 254

INDEX.

1043

CORPORATIO~S, MUNICIPAL-Continued.

To incorporate city of Blue Ridge ............. 209 226

To amend Act to incorporate city of Senoia. . . . . . . . . .

220

To amend Actt1 to incorporate city of McDonough. 241 506 533

To incorporate Forest Park ...................... 258 766 826

To incorporate town of Dixie .................... 305 827 863

To amend Act to re-incorporate Adel .........322 506 524 938

To. repeal Acts incorporating city of Manchester. . . . . .

322

To incorporate Cedar Grove ..................... 331 511 520

To incorporate Hudsonville.........................

331.

To incorporate East Lake ............. ~- ......... 332 551 520

To incorporate Primrose......................... 349 511 524

To incorporate Peny............................ 34tHJ02 521

To amend At~t to incorporate Fitzgerald ..... 488 512 518 860

To amend Act to i:a.eorporate Valdosta ............ 489 559 625

To incorporate town of Rockledge ................ 490 612 523

To extend corporate limita of Adel. ............. 491 512 522

To amend Act to incorporate Brunswick. . . . . . . . . . . . . 505 519

To incorporate city of Lavo.nia.... . . . . . . . . . . . . . . . . . .

513

To amend Act to incorporate town of Temple ...... 515 605 629

To incorporate city of Bolton....................... 531

To incorporate city of Danielsville ............... 531 605 b64

To repeal Act to incorporate town of Ohopee ......575 606 628

Town of West Point authorized to close Bridge street

575 727 750

Town of West Point authori11ed to grant .certain privi-

leges to A. & W. P. and W. A. R. R ............ 576 726 757

To repeal Aet to incorporate Battle Hill. . . . . . . . . . . . . .

599

'l'o. repeal Aet to i1leorporate Edgewood. . . . . . . . . . . . . .

600

To amt!lld Act to ineorporate town of Nonrood .... 602 637 728

To incorporate town of Buchannon. . . . . . . . . . . . . . . . . . 602 729

To ineorperate toWJt of Chamblee ............... 617 Ti'l 752

To amend Act to meorporate town of Pelham .... 617 7'J.f 753

AuthoriziBg Calhoun to sell property........... 451'1 717 752

To incorporate Jtllletion City..................... 685 76G 826 To ameBd Act to incorporate Boweraville .......... 686 766 770

1044
CORPORATIONB-

INDEX.

Railroads allowed to change their line of road. . . . . . . .

67

Allowed to change corporate residence ....._..........

76

To prohibit railroads from selling tickets at reduced

rates on Sunday . .". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

354

~hen they can change residence....................

607

_To construct dams across non-navigable streams ...... 527 734

COSTS AND FEEB-

To amend Act providing for collection of attorney's

fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66

To prevent exhorbitant attorney's fees in certain eases 111

To pay tax receiver of Chattahoochee county same fees

as ta.X collector.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

Relative to fees for granting requisitions for fugitives 242

COUNTY SCHOOL COMIDSSIONERBTo amend Act to pay salary to certain .... . . . . . . . . . . . 124 357

COUNTIES AND COUNTY MATTERs-

Relative to .selling lands belonging to.Emanuel county

66 558 624

To fix compensation of treasurer of Harris county. . . .

368

To create county police for Chatham county ....... 349 506 535

To amend Act to remove obstructions from streams

of Henry county ..............................515 605 626

To fix the salary of treasurer of Haralson county. . . . . .

549

To remove obstructions from streams of Rockdale

county ..... , .......................... 575 606 628

Bibb county authorized to pay Jno. P. Ross certain

money ...................................... _.348 605 625

INDEX.
COUNTY LINEs-
To establish .................................. 350 527 760 To change in towns ....................... .'. . . . . .. . 763 828

COURTS, SUPERIOR-

To change time of holding in Glascock ........... 79 355 564

To hold four terms a year in Grady county... : . . . . . .

206

To hold four terms a year in Gwinnett county.... 220 352 613

To change time of holding in Tift county........ , 220 352 534

To fix time of holding in Alapaha circuit. . . . . . . . . . . . . 350 527

To change time of holding in Troup county. . . . . . . 352 363

COURTS, COUNTY AND CITY-

To amend Act creating city court of Newton ...... 64 345 361

To amend Act creating city court of Eastman .......65 505 534

To create city court of St. Marys ................. 88 356 512

To amend Act to create city court of Ashburn ..... 89 236 272

To repeal Act to create county court of Camden

county ......... : .............................. 89 356 645

To amend Act to create city court of Dalton .......92 324 362

To create city court of Wrightsville ............. 98 346 646

To abolish county court of Johnson county...........

98

To create the city court of Homerville .........125 357 478

To amend Act to create city court of Buford ......154 353 362

To amend Act to create city court of Tifton ..... 154 353 534

To amend Act to create city court of Sparta........ 155 311

To abolish county court of Pulaski county........167 559 564

To abolish county court of Clinch county......... 168 236 534

To amend Act to create city court of Monticello .. 207 352 361

To create the city court of Warrenton ........... 208 225 271

To repeal Act to repeal Act relative to county court of

Walker county ................................ 221 346

To create the city court of McDonough. . . . . . . . . . . . . .

258

To repeal Act to create city court of Dawson. . . . . . . .

242

INDEX.

COURTS, COUNTY AND CITY-Continued.

To amend Act to create city court of Wayneaboro. 305 liOl 564

To amend Act to create city court of Sylvania ....322 357 726

To amend Act to create city court of Floyd county .323 607 879 To abolish county court of Houston county ........ 349 502 545

To create city court of Houston county.......350 527 M5 132

To repeal Act to create city court of Jeffersonville .... 352 503

To create the city court of Franklin ..............477 549 563

To amend Act to create city court of Oglethorpe ..... 479 636

To amend Act to create city court of Blakeley... 492 558 760

To amend Act to create city court of Brunswick......

505

To repeal Act to create county court of Henry county. 506 637

To create the city court of Danielsville .......... 531 607 876

To abolish city court of Madison county ......... 531 607 876

To amend Act to create city court of Douglas ...... 558 771

To create the city court of Newnan. . . . . . . . . . . . . . . . . . 559 637

To repeal Aet to create city court of Miller eouaty. . .

608

To create the city court of Miller county. . . . . . . . . . . .

608

To create the city court of Hazlehurst.............. 818 866

To amend au Aet to ereate city court of Sylvester. . . .

618

To establish the city court of Barnesville............

914

CRillliNAL LAWB-

Unlawful to enter house where there is objection.....

79

DAKSAcrOBB non-navigable streams ....................... 527 734

DEPOSITIONsTo prescribe method of taking in certain eases. . . . . . . 962
DISFRANCHISEMENT LAWTo estabFsh when same shall go into effect. . . . . . . . 128

INDEX.

1047

. DISPENSARIES, ETC.-.-

To provide for examination into atrairs 9i {Jlakeley dispensary ............................ 206 353 372 870

DOGSTo prohibit vicious dogs from running at large...... 10 356

DRUGs-

To repeal Act to regulate sale of certain drugs. . . . . . . . . . 68

To amend Act to regulate sale of certain drugs......

69

1ilLECTIONS AND ELECTION LAW8-

To make it penal to bet on elections.............. 64 123 357

To elect pension commissioner by the people. . . . . . . . . . 88 165

To provide restrictions upoll persons to register and

vote ................................. :. . .

92

Prescribing how ballota llhall be printed, etc. . . . . . . . . 97 623

To prohibit betting oa eJectiou .... , ..........64 183 357

Whell 16gistration books shall be closed in certain

cities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 566

Relative to calliag witnesaes ill prosecution for vote

selling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

To elect county school commiSBioners............. .. .. 175

To elect judge and solicitor of~~ity court of Sanders

ville ......................... : ....... 221 477 936

To amend registration laws........................ 367 607

To amend primary election laws..................... 491

Candidates required to publish list of expenses...... fU3. 949

To prohibit corporations contributing to campaign

funds ... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 615 949

ELECTRIC HEADLIGHTSLocomotives required to be equipped with ... . . . . . . 126

1048

INDEX.

ENGINEERs-

To prohibit unauthorized persons from operating loco-

motives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115

To fix qualifications of. . . . . . . . . . . . . . . . . . . . . . . . . . . .

61S

FEEs-

Bibb county to pay Jno. P. Ross certain fees ..... 348 605 625

Relative to fees of oil inspector. . . . . . . . . . . . . . . . . . . . .

48~

FERTILIZERs-

To regulate sale and inspection of. . . . . . . . . . . . . . . . . 76 525

To amend Act to regulate sale, etc., of. . . . . . . . . . . . . .

156

FISH AND GAME LAWs-

To create bureau of :fisheries. . . . . . . . . . . . . . . . . . . . . . .

71

For protection, propagation and preservation.106 283 645 653

To provide for :fish warden for Savannah river. . . . . . .

491

To amend Act of August 17, 1903 for protection of....

491

To provide penalty for persons hunting on private

lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 879

To prohibit catching of shad with drift nets..........

921

FREE PASSE8-
Policemen and :firemen entitled to ............ 123 835 875 892: Anti-pass bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 939'

GARNISHMENTTo regul~te practice in cases of. . . . . . . . . . . . . . . . . . . . 100 527

GEORGIA SOUTHWESTERN AND GULF R. R.-
To extend time within which work shall be commenced on ........................................... 167 236 271.

INDEX.

1049

HOSPITALS-

Rome to maintain ............ ....... , .............. 766. 826

INSURANCE, AND LAWB-

To regulate writing of life insurance...... ; ........ . 77 174

To require bonds, etc., deposited in State treasury to

secure policyholders to be considered as closed trans

action ......................................... 116

'!'o require life insurance companies to invest in

Georgia securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168.

To provide for incorporation of certain companies. . . . 207 526

To regulate co-ope~ative fire insurance companies.....

526

INSURANCE DEPARTMENTTo create . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

INTERESTIllegal to charge more than 5 per cent per month..... 104

INVITATIONs-
To visit Marietta. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 From tuberculosis society. . . . . . . . . .. . . . . . . . . . . . . . . . . 599

JUDGEB-

To reduce salaries in certain........................

98

City court judges to preside in any city court........ 686

JUDICIAL CIRCUITB-

To create Canoochee circuit. . . . . . . . . . . .. . . . . . . . . .. .

97

To transfer counties of Tattnall and Toombs......... 110

1050

INDEX.

JUDICIAL CIRCUITS-Continued.

To create new jndicial circuit (Alapaha) ........... 348 502 'l'o ch11nge eonnties of 'l'attnall and Toombl!l from
Middle to Atlantic circuit ........... ; .......... 607 810

JURORS-

To previde compensation for in justice courts of

Hall county ......................... ,.............

111

To provide compensation for in justice courts of

Wayne county

762

.JOINT SESSIONs-

Akin Memorial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

787

LABOR AND LABOR STATISTICsTo amend child labor bill. . . . . . . . . . . . . . . . . . . . . . . . . . . 724

J,.ETTERS OF ADMINISTRATION-

Relating to grants of in certain cases................

891

LIABILITYOf corporations to employees .................... 111 189 372

LIQUOR AND LIQUOR LAW8-

To prohibit sale and manufacture of intoxicants.....

205

To prohibit sate of near-beer in Campbell county .. 507 512 522

MARRIAGE LICENSEsTo regulate issuance of............................ 99 175

INDEX.

1051

MEMBERS SWORN IN-

~ld, Jno. W., Cannon, C. E., Wynne, H. H., Craw-

ford, J. B., Matthews, L. A .................. __ .

8

MESSAGE8--EXECUTIVE-

7 9 129 347 374 873 965

MESSAGE8--SENATE-
6 7 75 84 96 119 164 191 233 234 263 282 314 363 479 536 551 567 579 603 638 653 664 676 680 735 772 793 835 873
891 906 910 923 931 936 947 955 958 967 968 973 975 977 986 990 1000 1003 1008 1010 1016

1USCELLANEOU8-

To authorize safe deposits of assets in ~ossession of

receivers ...... - _. _. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

87

To prohibit unfair commercial discrimination ..... _. .

97

To provide method of taking depositions in civil cases,

etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114

To convey part of town commons of Calhoun to

G. L. Gardner ....... __ ....... ; ...........241 3!1 339

Relative to non-discrimination between _ships, etc._ .. 351 828

illegal to procure money on -contract with intent to

defraud .............. . . . . . . . . . . . . . . . . . . . . . . . . 525

To allow cities to maintain farms fur erimin'llls ...557 f61 882

MONUXENTSTo Wm. H. Crawford.............................. 168

MORTGAGE&-

When unlawful to proeure money on ........... - . . . .

90

1052

INDEX.

MOSQUITO BARS-

Certain hotels required to fumish ........... 78 346 859

NEAR-BEERTo prohibit. sale in Campbell county...........507 512 522

NEW COUNTIE8-

To create Mille~ge county. . . . . .. . . . . . . . . . . . . . . . . .

87

To create Blackshear county . . . . . . . . . . . . . . . . . . . . . . . . 128

To create Georgia county. . . . . . . . . . . . . . . . . . . . . . . . . . .

532

NEW TRIALS-

Judge to specify grounds on which granted.......... 181

To provide for motions for during vacation...........

372

NOTARIES PUBLIC-

To appoint females as. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99

PASSES (See also Free Passes)Common carriers to grant to former employees ...... 168 353

PENSIONS AND PENSION LAW8-

Providing how pensions shall be paid (2 bills) .. 67 80 607 875

To amend Act relative to pensioning Confederate

soldiers ................................. ." . . . . . .

68

To amend Constitution relative to (see Constitutional

amendments) ..................................

To repeal Act providing how pension shall be paid. . . .

69

To pay pension of Mrs. E. J. Coker ................ 71 357 650

To fix annual amounts to be paid indigents..........

77

INDEX.

1053

PENSIONS AND PENSION LAWS-Continued.

To pay funeral expenses of W. J. Barnes............

86

To pay funeral expenses o~ J. B. Grant..............

88

To provide for State Board of Pensions .......... ; . .

89

T~ pay pension due Mrs. Celia Holt.................

91

To pay pension due Thos. H. Greer ...............98 358 814

To pay pension due Mrs. Mary McDougald.........99 3.58 817

'l'o prescribe how they shall be paid. . . . . . . . . . . . . . . . . 122

For relief of Mrs. Tallulah Towns ............. l22 358 896

To pay pension to widow of Frank Johnson ......125 358 819

To pay pension to Mrs. Mary Blackstock ...... 154 358 898 901

To prescribe eligibility of pensioners. . . . . . . . . . . . . . . . 155

To pay pension to Mrs. Lydia Ann Jones ........... 168 358

To pay pension to Mrs. S. F. Crain ............... ~ 172 807

To permit soldiers to file proof of service ....... 172 184 761

To define meaning of word ''poverty''. . . . . . . . . . . . 172

To pay pension due Peter Currans. . . . . . . . . . . . . . . . 172 798

To pay pension due Mrs. Louisa L. Hodge. . . . . . . . . . . . 172 801

To pay pension due W. J. Stanford........ :........ 173

To authorize increase of pensions after certain age. . .

123

To prescribe who shall be considered as indigents. . . . 123

To pay pension to Mrs. R. A. Lynn. . . . . . . . . . . . . . . 197 324

To pay pension to Mrs. Queen Shiver. . . . . . . . . . . . . . . . 205 904

For relief of Mrs. E. W. Hightower. . . . . . . . . . . . . . . . .

206

To pay pension due Adrian S. Toole. . . . . . . . . . . . . . . . 212

To pay pension due Robert Henderson . . . . . . . . . . . . :. . 241

To place Benj. F. Hayes on pension roll. . . . . . . . . . . . . . 242

To pay pension due Mrs. M. L. Hughes. . . . . . . . . . . . . .

~2

To pay pension due Jno. W. Hamby. . . . . . . . . . . . . . . . . . 258

For relief of Mrs. Charity Maxwell..................

323

For relief of Mrs. Lottie C. Coker. . . . . . . . . . . . . . . . . 350 866

For relief of Mrs. Lucy M. Hardin .............. , . . . 350

For relief of Mrs. N. W. Hightower. . . . . . . . . . . . . . . . . 350

To pay pension to Jno. P. Edwards..................

358

To pay pension due Archibald McKinley. . . . . . . . . . . . 368 606

To pay pension to Mrs. Eliza Lee ............. .477 606 913

1054

INDEX.

PENSIONS AND PENSION LAW8-Continued.

To pay pension to Mrs. Maney M. Collier ........ 498 808 880

To pay pension to Mrs. Alice Jones.................

574

To pay pension due Thos. Honea. . . . . . . . . . . . . . . . . . . . 606

To pay pension due W. H. Stanford ................ 685 812

To pay pension due Gus J. Grimsley. :. . . . . . . . . . . . . . . 685 866

To pay pension due Jno. M. Surreney............... 725 803

To pay pension due Mrs. Lucy Lockhart. . . . . . . . . . . . . 725 796

To pay pension due Mrs. F. M. Rice. . . . . . . . . . . . . . . . 805

PETITIONs-

From Georgia Federation ef Labor. . . . . . . . . . . . . . . . . . 55()

From Atlanta Federation of Trades..................

551

PIANO TUNER8. To regulate business of ............................ 316 52fi;

PISTOLs-

To prescribe manner of lawfully carrying............

8S.

To regulate carrying of pistols and rifles ......... 116 147 152:

To prescribe lawful length of. . . . . . . . . . . . . . . . . . . . . . . 153.

PLEADINGsTo fix time for :filing, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 101

PRACTICE AND PROCEDUBE-
h eases of new trials.............................. 181 In cases of garnishment ............................ 100 527"

PBINTING-

200 copies of bill restricting voters. . . . . . . . . . . . . . . . .

93.

200 copies of "Liability :Bill". . . . . . . . . . . . . . . . . . . . . . 114

INDEX.

1055

PRINTING-Continued.

200 copies of Constitutional amendment..............

114

200 copies of House Bill No. 3......................

163

200 copies of substitute for House :Bill No. 346.......

243

300 copies of House Bill No. 562....................

363

200 copies substitute for Convict Bill................

514

200 copies House Bills Nos. 191, 192, 193. . . . . . . . . . . .

599

PRISON C~ION-

T& abolish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

685

RAILROADS-

To extend time of G. S. W. & G. R. R ............ 167 236 271

Authorized to change and rebuild lines..............

545

Electric heodlights required. . . . . . . . . . . . . . . . . . . . . . .

891

Savannah, Statesboro & Western Ry. time extended .. 322 866

RAILROAD COMMISSION To amend Aet to increase membership of ... .492 566 735 770

REFORMATORYTo amend Aet to create. . . . . . . . . . . . . . . . . . . . . . 154

RELIEF-

Of persons actin~ in judicial capacity. . . . . . . . . . . . . .

86

Of L. B. Riser, et al. .....................86 622 850

Of A.M. Hutchinson ................. 109 311

Of Carroll Daniel : . . . . . . . . . . . . . . . . . . . . 192 937

Of J. R. Brock, et al ......................... ; . . .

204

Of J. W. McMillan. . . . . . . . . . . . . . . . . . . . . . . . .

220

Of J. W. Turner ..............316 527 562 1006

Of J. R. Brock, et al .................. 324 478

Of heirs of Sherman J. Sims. . . . . . . . . . . . . . . . 351 725

1056

INDEX.

REPORTB-STATE-

To reprint certain reports with annotations...........

219

To furnish Georgia Reports to DeKalb county..... 636 725 759

To furnish Georgia Reports to Liberty county. . . . . . . 762 866

.To furnish Georgia Reports to Wayne county........ 762 866

REPORTS OF STANDING COMMITTEE~

Of committee to select chaplain. . . . . . . . . . .. . . . . . . . . .

6

Of committee to notify Governor of organization. . . .

72

On Western & Atlantic R. R .................... 84 498 919

On corporations .......... 89 112 169 213 228 494 509 592 594

688 764 825 915 920

Of comittee on Academy for Blind..................

95

Of general judiciary........ 102 157 183 213 231 240 287 327

332 369 495 516 517 546 593 620 687 822 824 920

Of game and fish ................................ 102 183

Of pensions .................... 113 141 208 330 596 687 858

Hygiene and sanitation ....................116 497 509 598

Of committee on rules ...... 126 281 318 634 786 882 907 968

974 999 1004 1010

Of University of Georgia ......... : .......... 141 171 288 3'l"1

Of banks and banking.................. 156 214 329 763 946

Of privileges and elections. . . . . . . . . . . . . . . . . . . . . . . . . 156 328

Of counties and county matters ...... 158 212 231 287 370 533.

559 595 647 765 825 865 915 963 974

Of general agriculture ...................... 159 327 516 591

Of education ................... 159 233 288 500 566 595 934

Of committee to arrange transportation to Marietta. . 200

Of Constitutional amendments ............... 214 239 547 659

Of special judiciary............. 229 326 493 559 591 648 689

823 858 946 973

Of penitentiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 272

On railroads ................................... 286 548 686 On enrollment ..... 315 ~98 580 598 656 581 753 933 974 982

1011 1019

INDEX.

1057

REPORTS OF STANDING COMMITTEES-Continued.

On mihtary affairs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332 621

On appropriations ............................. .496 618 858

On public library................................... 688 824

On ways and means. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

688

To investigate Moore charges (penitentiary). . . . . . . .

690

On State sanitarium...............................

719

To investigate prison commission. . . . . . . . . . . . . . . . . . .

895

On speciat agriculture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

945

REPORT8-(MINORITY)-

On House Bill No. 65...............................

160

On House Bill No. 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

263

On Governor's message. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

546

On Convict Bill No. 346............................

568

On Senate Bill No. 210.............................

970

On Senate Bill No. 240. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

976

On House Resolution No. 263. . . . . . . . . . . . . . . . . . . . . . .

978

On Senate Bi~l No. 196...........................

993

REPORTS OF CONFERENCE COMMITTEEs-
On House Bill No. 1 ................................ 916 985 On House Bill No. 1080 ........................... 1004 1008

RESIGNATIONs-

Of chaplain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Of Mr. Shaw (enrollment committee) ...... :.........

190

Of Mr: Shaw (investigating committee).............

329

ROAD LAW&-

To fix age for road duty ...... :. . . . . . . . . . . . . . . . . . . . 65 355

To repeal Act relative to roads of Terrell county. . . . .

67

1058

INDEX.

ROAD LAWB-Continued.

To fix age in Emanuel county. . . . . . . . . . . . . . . . . . . . . . .

70

To define who are subject to road duty in Georgia.... 87 356

To prescribe age of road and street duty. . . . . . . . . . . . . . 181

To repeal Act to make roads of Terrell county 20

feet wide ............ : . ......................... 215 247

To regulate running of log carts in Brooks county .489 557 626

SAVANNAH, STATESBORO AND WESTERN RY.Time extended for completion of. :. . . . . . . . . . . . . . . . . . 322 866

SCHOOLS AND SCHOOL LAWB-

Trustees of Effingham Academy to use funds for

school purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99

To extend school-book contract.....................

123

To create system of in Hartwell .................... 165 198

To create system of Wrightsville ................. 166 502 518

To create system of in Mansfield ................... 316 321

To create system of in Glennwood...................

338

To create system of in Lavonia ..................... 341

To create system of in Spread .................. .490 549 563

To create system of in Bartow .................. .491 549 565

To amend Act to create system of for Vidalia........

491

To amend Act to create system of for Lumber City .530 605 627

To create system of for Lithonia ................. 549 605 627

To create system of for Sylvania ... . ... 684 827 863 865 1006

SCHOOL DISTRICTs-

To amend Act to incorporate Haralson school dis-

trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 215 254

To amend Act to create school districts ........... 124 354 357

To amend Act to incorporate Wesley Chapel school

district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

348

To incorporate Waco sehool district .............. 368 557 562

To repeal Act to create local tax school districts. . . . . 530 830

INDEX.

1059

STATE ENTOMOLOGIST-

Sal~itr:Y increased . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

733

STATE DEPOSITORIES-

In Atlanta ........................................ 101 209

Fayetteville designated as ....................... 125 357 611

Ludowici designated as ............................ 174 361

Guyton designated as .............................. 191 353

Senoia designated as ............................ 205 352 734

Comer designated as................................. 351 734

Colquitt designated as..............................

354

Homerville designated as ........................... 602 761

STATE LIBRARIAN-

To furnish Departmental Reports to University of

Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

525

STATE SCHOOL COMMISSIONERTo be ex-officio secretary of boards of education. . . . . 207 526

SOLDIERS' HOMETrustees to sell certain property. . . . . . . . . . . . . . . . . . . . . 733

TAXES AND TAX LAW8-

To exempt farm products in hands of producer .. 65 66 67 355

Providing for collection of past due taxes due State. .

87

Rejection, assessment, etc., in case of re~urns by rail

road corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 180

T-o provide for collection of past due taxes, etc. . . . . 106 180

To provide for rejection, assessment, etc., of tax

returns by railroad companies. . . . . . . . . . . . . . . . . . . . .

106

1060

INDEX.

TAXES AND TAX LAW8-Continued.

To amend General Tax Act 1908-1909 ......... 125 575 599 738 To exempt Confederate soldiers from professional tax 725 To assess property returned to Comptroller-GeneraL . . 725 910

TECHNOLOGICAL SCHOOLTo more clearly define name of .................... 80 827 878

TELEGRAPH AND TELEPHONE COMPANIEsDuty prescribed in receiving and transmitting.... 103 184 196

TRUSTEEs-

Qualification of school district trustees. . . . . . . . . . . . . .

204

Trustees of University of_ Georgia to permit Thomas-

ville to use realty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479 503

TUBERCULOSisTo establish sanitarium for treatment of ............ 109 576

WATER AND LIGHT COMMISSIONOf Dawson abolished ............................ 166 208 728

WEIGHTS AND MEASUREsTo establish weight of peaches ...................... 110 356

WESTERN.AND ATLANTIC R. R.-

To extend to seacoast ................... 106 200 211 219 227

To authorize construction of bridge across tracks

in Calhoun . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

525

INDEX.

1061

WITNESSES-

Wife competent to testify against husband.......... 88

To define competency of husband and wife as, in

divorce cases .. :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

242

PART II.

HOUSE RESOLUTIONS-

To appoint doorkeeper. . . . . . . . . . . . . . . . . . . . . . . . .

5

Sympathizing with family of Grover Cleveland......

5

Relative to appointment of chaplain................

6

To notify Governor of organization of General As-

sembly..........................................

9

To adjourn out of respect to deceased members. . . . . .

9

To print each day's journal. . . . . . . . . . . . . . . . . . . . . .

63

Sympathi~g with Hon. J. R. Atwater. . . . . . . . . . . . .

75

Congratulating Hon. D. C. Barrow. . . . . . . . . . . . . . . .

75

Providing for joint seBBion (Juvenile Protective Asso-

ciation) . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . .

81

To adjourn on Jnly 3 for purpose of inspecting
W. & A. R. R.................................... 85

Recommending Hertz McGregor system in turpentining 106

To accept invitation to visit Marietta................ 121

To furnish VanEpps form book to officers...........

124

To approve application of trustees of University of

Georgia to participate in Carnegie foundation. . . . . . 128

Inviting commiBBioner of game and fish of Alabama to

address General Assembly .................. . . . 16:l.

Sympathizing with family. of Joel Chandler Harris....

182:

Sympathizing with Hen. B N. Hardema:a. . . . . . . . . . .

201:

Autherizing Governor to borrow money to pay teaehera 221

To learn income of Comptteller-Geaeral......... . . 22a

1062

INDEX.

HOUSE RESOLUTIONS--Continued.

To investigate charges against prison commission .... 260 283

Memorializing Congress in regard to canal. . . . . . . . . . . 349 931

Relative to enjoining Tennessee Copper Co . . . . . . . . . . 367 725

Providing for a committee of conference to consider

convict question ............................_. . . . .

488

Requesting Jos. M. Brown for certain information...

501

To recover salaries of convict wardens, etc...........

566

Requesting Governor not to submit disfranchisement

Act for ratification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

616

Sympathizing with Hon. J. J. Flynt.................

646

To pay widow of Geo. Houser his salary. . . . . . . . . . . . .

679

Granting certain privileges to Daughters of Revo

lution .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

686

Requesting Senate to take up and Act on Holder

Convict Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 785 787

Cop.demning an editorial in the Atlanta Constitution..

794

To investigate the charge of poker playing..........

888

To print 500 copies of investigating committee's

report...........................................

895

Authorizing investigating committee to sit during

vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 911 995

To bring up unfinished busine~s.....................

948

To pay Geo Houser, doorkeeper, his per diem........

949

Sympathizing with family of Hon. W. J. Neel, deceased 959

Sympathizing with family of Hon. N. L. Galloway, de

ceased . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

959

Sympathizing with family of Hon. S. A. Way, deceased 960

Sympathizing with family of Hon. Geo. W. Williams,

deceased . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

960

Sympathizing with family of Hon. R. E. Cannon. . . . .

961

Providing that doorkeeper be paid mileage..........

967

To pay expenses of committee to investigate prison

department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636 660 841 995

Requesting the Speaker to furnish portrait........... 1008

INDEX.

1063

SENATE BILLS

PART III.

To prohibit unfair commercial discrimination. . . . . . . .

222

To change school year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

222

To prohibit county officers from hiring convicts. . . . . .

222

To impose penalties upon common carriers in certain

cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

222

To elect pension commissioner by people . . . . . . . . . . 258 657 950

To regulate e:r;tra compensation of superior court

judges . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . .

259

To authorize judges to appoint special bailiffs. . . . . . . . 259 737

To amend charter of town of Shellman ........... 259 325 507

To amend Section 97 of penal code. . . . . . . . . . . . . . . . . .

259

To amend Act to create city court of Dublin . . . . . . 259 325 373

To repeal Act relative to road duty. . . . . . . . . . . . . . . . . .

259

To amend Act to appropriate ~100,000 for Agricul-

tural College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306

To prohibit the use of franks and passes. . . . . . . . . . . .

306

To provide for organization of volunteer military

companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

325

To regulate conduct of telegraph operators, etc......

342

To amend Act tocreate city court of Moultrie .... 342 760 926

To provide qualifications for convict wardens........

342

To incorporate the city of Lavonia .. ' ............ 507 513 528

To prevent t~king fish froll). Brasstown creek . . . . . 528 607 631

To incorporate town of Kingwood ................ 528 607 631

Giving investig11-ting committee authority to employ

accountant . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 544

To quiet title to certain- real estate ............... 561 650 998

To require births to .be reported .................... 601 857

To amend Act to create city court of Quitman........

601

1064

.INDEX.

SENATE BILLs-Continued.

fo amend an Act to create new charter for Dublin. 602 767 867

To repeal Act to change county lines in incorporated

towns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 602 857

To amend charter of ldaeon ..................... 616 757 929

To abolish office of commissioner of roads and reve-

nues for Irwin county .......... _.... _. _....... 630 767 866

To create board of commissioners of roads and reve-

nues for Irwin county . . . . . . . . . . . . . . . . . . . . . . . . 630 767 867

Local trustees to administer oaths to school teachers .. 630 932

To amend Act to create board of commissioners for

Calhoun county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 630 735 771

To amend charter of town of St. Marys .......... 630 767 821

To create bank bureau in Treasury depart~ent ...... 657 948

Providing for maintenance of Montezuma bridge in

Macon county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 651 767

To re-survey county lines in dispute. . . . . . . . . . . . . . .

657

To amend charter of Athens .... _............. _.. 657 767 868

To prescribe duty of telegraph companies in receiving

messages, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 658 951

School year from Sept. ls~ to Aug. 31st. . . . . . . . . . . . . .

658

Regulating compensation for judges of superior court.

658

To prohibit commercial discrimination. . . . . . . . . . . . . . .

658

To amend See. 342 of Code. . . . . . . . . . . . . . . . . . . . . . . .

658

To amend Sec. 3, Art. 3, of Constitution._...........

660

To amend Act to create new charter for Marietta .. 731 766 867

To amend Act to creat new charter for ktlanta ... 731 767 982

To repeal Act to incorporate Battle Hill . . . . . . . . . . 731 767 983

To repeal Act to incorporate Edgewood .......... 731 767 984

To regulate publication of legal advertisements..... .

735 856 930 1001

To repeal Act te incorporate Kingwood ..... , ... 754 757 929

To amend charter of Ocilla ......................... 754 757

To amend See. 6'11, Vol. 3 of Code . . . . . _............

j!56

To change ~ime of holding superler eottrt of Tift

county ........................... - . . . . . . . . . . . 856 925

INDEX.

1065

SENATE B.ILLs-continue.d.

To provide penalties for common carriers............

857

To fix number of days persons subject to road duty...

&57 931 1006

To organize Georgia Volunteers .................. 857 992 996

To amend Sec. 492 of Penal Code ................ 868 922 991

To amend Act prescribing manner of testing oils. . . .

868

To regulate the exchange of documents between

States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

868

To regulate working hours of telegraph and phone

companies ' employees . . . . . . . . . . . . . . . . . . . . . . . . . . . 869 913

To extend school-book contract until 1911 ........ 869 913 978

To amend charter of Dalton ..................... 869 879 929

To tax persons selling pictures in Harris county. . . . . 869 917

To authorize town of. Cumming to issue bonds .... 869 917 928

To create new charter for Buckhead .............. 869 917 929

... o amend charter of Dawson ...................... 870 879

To incorporate Union City ....................... 911 923 983

To amend Section 2060 of the Code . . . . . . . . . . . . . . . . 911 922

Authorizing cities to establish farms for convicts.... 912 922

To amend registration laws ...................... 912 922 969

To amend Act to incorporate city of Colquitt .... 912 922 982

To extend time for completion of S. S. & W. R. R ..... 912 923

To amend primary laws .........................912 922 979

To make Homerville a State depository. . . . . . . . . . . . . 913

To authorize the purchase of land in Chattanooga.913 922 1008

To amend Section 4732 of the Code.................

992

To amend Section 2181, VoL 2 of Code ........... ~.

998

PART IV.

SENATE RESOLUTIONs-

To notify Governor of organization of General As-

sembly . . . . . . .. .. . . . . . . . . . . . . . . . . . . . .. .. . . . .

9

1066

INDEX.

SENATE RESOLUTION8-Continued.

Providing for committee to draft resolutions on life

of Jno. W. Akin.................................

81

Urging Congress to establish health bureau .......... 258 658

Providing for investigation of charges against prison

commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

319

Providing for joint session.........................

579

Urging Congress to establish Health Bureau . . . . . . 258 658 951

Requesting aid of House on Pension Bill............

912

Declaring name of Technological School. . . . . . . . . . . . . 931

Requesting return of .House Bill No. 467 . . . . . . . . . ' . . .

935

Relative to cemetery at Resacca....................

950

Endorsing "Littlefield Bill" ... : ...............950 951 963